THIS AGREEMENT is made on the …………. day of……….20……., entered into by the Employer and the Employee (Employer and Employee collectively referred to as the “Parties” or individually as the “Party”) and includes that party’s successors and assigns.
WHEREAS, the Employer is engaged in the caller business; and
WHEREAS, the Employer desires to employ and retain the services of the Employee according to the terms and conditions herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Employer and the Employee (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:
In this agreement, unless the context otherwise requires, any reference to:
The singular includes the plural and vice versa;
The male gender includes the female gender and vice versa;
Any agreement or other document includes that agreement or other form as varied or replaced by the Parties in writing from time to time;
Clause headings are inserted for convenience only and shall be ignored in construing this agreement.
All documents annexed to this agreement shall be subject to the terms under this agreement, provided that the Parties append their signatures on the documents.
The parties will exercise utmost good faith in this agreement.
COMMENCEMENT AND DURATION
This agreement shall be valid from the date of execution and for the period agreed upon between the parties.
The Employer shall employ the Employee as a caller. The Employee accepts employment with the Employer on the terms and conditions outlined in this employment contract and agrees to devote his time and attention to the performance of his duties under this contract. Specifically, the Employee shall:
Have a thirty (30) day probation period;
Be on time before each shift, ten (10) minutes before clock time;
Make all follow-ups at the beginning of each shift unless Podio specifies a certain time;
Provide a team effort attitude;
Smile while dialing;
Be coachable at all times;
Attend two (2) role-playing sessions per week for fine training skills;
Be on script without sounding like they are referring to a reading;
Have a maximum of two (2) weeks to understand and flow through the script without sounding robotic;
Start the pretty house script training after a thirty (30) days probation;
Qualify to apply for an acquisition role once they have negotiated deals to contracts within the 60th day; and
Be entitled to changes in commissions and raises upon becoming an acquisition manager.
The Employer shall pay the Employee the amount and, on the terms agreed upon between the parties for the services provided.
The Employee’s benefits; based on an average $ 10,000 deal
Without hourly wage
No deal negotiation -10% per deal $ 1,000
With deal negotiation resulting in contracts 12% per deal $ 1,200
With an hourly wage of $ 5 per hour
No deal negotiation-5% per deal $ 500
With deal negotiation 8% per deal $ 800
Minimum 4 hours per day
Maximum 8 hours per day
8 a.m. to 12pm or 4pm to 8pm
EMPLOYEE REPRESENTATIONS AND WARRANTIES.
The Employee represents and warrants to the Employer the following:
There is no employment contract or any other contractual obligation to which the Employee is subject, which prevents the Employee from entering into this contract or from performing the Employee’s duties fully under this contract.
The Employer shall make no specific accommodations for the Employee to perform his duties and responsibilities other than those specifically described under this contract.
LIABILITY OF THE PARTIES
A party shall be compensated for damages caused by the other party.
No Party shall be held liable for any damages, where:
the damage has been occasioned by the other party, their representatives, employees, or agents, and
the damage has been caused by an event beyond the control of the party e.g., force majeure or accidents.
The Employee shall not be entitled to reimbursement for any expenses except those that have been previously approved in writing by the Employer. Should the Employer require travel by the Employee, the Employer shall reimburse the Employee for such travel expenses, along with reasonable lodging and meal expenses upon presentation of receipts of such expenses.
The Employee shall not interfere with the Employer’s relationship with, or endeavor to entice away from the Employer, the Employer’s clients or any person who had a material business relationship with the Employer in the duration of this agreement.
The Employee shall not directly or indirectly engage in the businesses in which the Employer engages in or in which the Employer has an actual intention, as evidenced by the Employer’s written business plans, to engage in, within any geographic area in which the Employer is then conducting such business for a period of (2) years after the termination of this agreement.
Any intellectual property and associated rights owned or developed by the Employer or Employee, solely or jointly with others, during the subsistence of this agreement, are the Employer’s exclusive property. The Employee will enjoy a non-exclusive, limited use license of the Employer’s intellectual property.
The Employee shall not transfer or assign this agreement without the Employer’s consent. However, the Employer may transfer or assign this agreement or subcontract its obligations hereunder at any time without the Employee’s consent. If the Employer does so, anyone to whom the Employer transfers, assigns, or subcontracts any or all of its obligations will have all of the Employer’s rights with respect to such obligations.
RETURN OF THE PROPERTY
Upon the expiration or termination of this agreement, the Employee will return to the Employer any property, documentation, records, or confidential information which is the property of the Employer.
Any dispute under this agreement shall be resolved by Negotiation. Parties shall act in good faith to resolve the dispute. Nothing in this section shall be construed as limiting the Court’s jurisdiction.
Either party may terminate this agreement at any time upon breach of the contract by the other party, e.g., tardiness, unsatisfactory performance, lateness, and non-appearance.
Otherwise than for breach or through consent, either party may terminate this agreement upon giving the other party no less than thirty (30) days’ notices in writing. If the Employee wishes to terminate the contract with less than thirty (30) days’ notices, the Employer reserves the right to charge costs that have already been paid in advance or incurred by the Employer on the Employee’s behalf.
The termination of this agreement shall not discharge the liabilities accumulated by either party.
Any Clauses intended by the Parties or this agreement to survive the termination of this agreement shall survive the termination of this agreement by whatever cause.
CHANGES TO THE AGREEMENT
Either party may request changes to the agreement, but they will only be effective if agreed in writing, signed by all parties, and recorded. If any ambiguity is found in the agreement or various documents forming this agreement, the Employer shall issue any necessary clarification or instruction.
For this agreement, “Force Majeure” means an event which a diligent party could not have reasonably avoided in the circumstances, which is beyond the control of a party and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies.
A Party’s failure to fulfill its obligations due to Force Majeure, shall not be considered as a breach of this agreement, provided that the party has taken all reasonable precautions, due care, reasonable alternative measures, and minimal delay all to carry out the terms of this agreement.
The Employee shall not at any time disclose, directly or indirectly to any other person whatsoever (including to the public or any section of the public) any information concerning this agreement or any additional information of any nature whatsoever concerning the Employer, whether such information or matter is stated to be confidential or not, without the express written permission of the Employer.
Failure by either party to enforce any of the terms or conditions of this agreement shall not be a waiver of their right to enforce the terms and conditions of this agreement.
The provisions of this agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.
This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one instrument.
This agreement constitutes the entire agreement between the parties. It supersedes all prior oral or written agreements or understandings between the parties concerning the subject matter of this agreement. Save as may otherwise be provided in this agreement, the terms and conditions set out in this agreement are the only terms on which the Employer is prepared to deal with the Employee.
The Parties shall be served through the following addresses (including email), and either party may change the below addressees by reasonable notice in writing given to the other party.
THE EMPLOYER: ___________________________________________
THE EMPLOYEE: ___________________________________________
This agreement shall be governed in all respects by the Texas State Laws.
IN WITNESS WHEREOF, each of the Parties has executed this agreement, as of the day and year set forth below.
Signed by the duly authorized representative of the EMPLOYER Signature: Name: Designation: Date:………………………………………
Signed by the EMPLOYEE
Signature : Name: Date:…………………………………………….……
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