SERVICE AGREEMENT

by | Apr 6, 2022 | Agreements

 

SERVICE AGREEMENT

THIS SERVICE AGREEEMENT (the “Agreement”) is dated this _____ day of _________ by and between ________________________ of _______________ (the “Recruitment Company”) AND ___________________________ of ___________________ (the “Affiliate Company”) 

BACKGROUND

  1. The Affiliate is of the opinion that the Company has the necessary qualifications, experience and abilities to provide services to the Affiliate.
  2. The Company is agreeable to providing such services to the Affiliate on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Affiliate and the Company (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:

  • SERVICES PROVIDED

The Affiliate hereby agrees to engage the Company to provide the Affiliate with the following services (the “Services): to recruit English teachers and the Affiliate Company will provide educational institutions for the recruitees.

The Services will also include any other tasks which the Parties may agree on. The Company hereby agrees to provide such Services to the Affiliate.

  • TERM AND TERMINATION OF THE AGREEMENT
  1. The term of this Agreement (the “Term”) will begin on _______________of this Agreement and will remain in full force until the candidate has passed probation with the institution and full payment has been made to Travelling Teacher. 
  2. The Contract will be terminated if:
  3. The Affiliate Company does not comply with the instruction of the Recruitment Company regarding the transfer/sharing of candidate’s data.
  4. If either Party wants to terminate the agreement, they must provide a 2 months written notice to the other party. 
  • PERFORMANCE

The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

  • CURRENCY

Except as otherwise provided in this Agreement, all monetary amounts referred in this Agreement are in Renminbi (RMB).

  • COMPENSATION
  1. The Company will charge the Affiliate 50% of the total school fee acquired from the recruitment process. The institutions in China may offer to pay instalments for each candidate i.e. 5% introductory fee, 15% upon arrival in China and 80% once one has passed probation. 
  2. The Affiliate Company must proof evidence of school’s fee. 
  3. The Compensation as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. 
  • CONFIDENTIALITY

6.1 Confidential information (the “Confidential Information”) refers to any data or business relating to the business of the Affiliate which would reasonably be considered to be proprietary to the Affiliate including, but not limited to, business processed, and Affiliate records and that is not generally known in the industry of the Affiliate and where the release of that Confidential Information could reasonably be expected to cause harm to the Affiliate.

6.2 The Company agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Company has obtained, except as authorized by the Affiliate or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.

6.3 All written and oral information and material disclosed or provided by the Affiliate to the Company under this Agreement is Confidential Information regardless of whether it was provide before or after the date of this Agreement or how it was provide to the Company.

6.4 If the Affiliate Company shares the candidate’s data with a third party, the Company must pay a fee of 8,000 RMB to Travelling Teacher. 

  • INDEPENDENT CONTRACTOR

In providing the Services under this Agreement it is expressly agreed that the Affiliate is acting as an independent Contractor and not as an employee. The Company and the Affiliate acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The Affiliate is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, worker’s compensation, insurance premiums, profit-sharing, pension or any other employee benefit for the Company during the Term. The Company is responsible for paying and complying with reporting requirements for, all local, state and federal taxes, related to payments made to the Company under this Agreement.

  • AUTONOMY

Except as otherwise provided in this Agreement, the Company will have full control over working time, methods and decision making in relation to provision of the Services in accordance with the Agreement. The Company will work autonomously and not at the direction of the Affiliate. However, the Company will be responsive to the reasonable needs and concerns of the Affiliate.

  • NON-EXCLUSIVITY

The parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.

  • INDEMNIFICATION

Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses damages, expenses, reasonable legal fees, and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement.

  • MODIFICATION OF AGREEMENT

Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

  • ENTIRE AGREEMENT

It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

  • ENUREMENT

This Agreement will enure to the benefit of and binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns

  • TITLES/HEADINGS

Headings are inserted for the convenience of the Parties only and are not considered when interpreting this Agreement.

  • SEVERABILITY

In the vent that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

  • GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of People’s Republic of China.

 IN WITNESS WHEREOF, the Parties have duly affixed their signature under hand and seal on this ____________ day of ___________________.

 

Company Representative Name: _________________

Signature: _______________________

 

 Name: ___________________

Signature: _______________________

 

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