This Service Provider Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between 3rioplus Pte Ltd, Contact Info: _______________________ (hereinafter referred to as the “Company”), and __________, Contact Info: ___________, (herein referred to as the “Service Provider”).
WHEREAS, the Company is an online e-commerce/marketplace platform that offers the Service Providers a “market” to sell their services and products.
WHEREAS, the Service Provider under this Agreement refers to vendors and/or merchants who provide funeral services and products.
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
The initial term of this Agreement shall be for a period ______ [Days/Weeks/Months/Years] commencing on the Effective Date herein.
The Service Provider shall be providing the following funeral services and/or products on the Company’s platform:
The Service Provider willingly grants the Company consent to market and use the Service Provider’s logo and brand name to advertise and/or market the Company’s website, App, services and products.
The Service Provider shall not, during the term of this Agreement, engage with another online marketplace place offering the same services as the Company. The Service Provider shall not provide their services and/or products on any online e-commerce platform that provides similar or same funeral marketplace services as the Company. The Service Provider understands that violation of this Clause shall attract a penalty of not less than SGD $30,000.
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The Service Provider shall receive ______% of the price of products and services, the Company shall hold the payment and release the money to the Service Provider once the service has been complete. Payments shall be received by the Vendor through PayPal or through Bank transfer, and the Vendor understands that the payment is subject to additional fees based on the transfer charges.
LIMITATION OF LIABILITY.
The Company shall not be held liable for any issues that may arise between the Service provider and the Company’s clients while the Service Provider is carrying out their obligations under this Agreement. The Service Provider shall assume any and all responsibility related to their dealings with the Company’s clients, and the Service Provider shall defend and indemnify the Company against all claims.
The Service Provider shall not, during the term of this Agreement and/or upon the termination/cancellation thereof, solicit, negotiate, and contact directly or indirectly, any of the Company’s clients, customers, partners, associates, employees, project owners and/or affiliates with the aim of conducting the same or similar business with them without the knowledge of the Company.
The Service Provider shall not, during the term of this Agreement and/or One Year after the termination/cancellation of this Agreement, by incitement encourage the Company’s clients, associates and/or affiliates of the Company to terminate their obligations with the Company.
The Service Provider shall be retained as an independent contractor. The Service Provider shall be fully responsible for payment of their own income taxes on all compensation earned under this Agreement. The Company shall not withhold or pay any income tax, social security tax, or any other payroll taxes on the Service Provider’s behalf during the term of this Agreement.
The Service Provider and/or the Service Provider’s employees understands that they shall not be entitled to any fringe benefits that the Company provides for their employees generally or to any statutory employment benefits, including without limitation worker’s compensation or unemployment insurance.
TAXES, LICENSES, PERMITS, FEES AND INSURANCE.
The Service Provider is fully cognizant that this is an Agreement for Services and that an employee-employer relationship does not exist between the Parties. Therefore, it is the Service Provider’s responsibility to obtain, at its own expense, any applicable licenses and permits, and to pay such taxes and fees as may be required of the Service Provider by local, state and federal governments in the execution of the terms and conditions of this Agreement. Service Provider shall also comply with all laws, rules and regulations applicable to the services provided under this Agreement.
The failure on the part of the Service Provider to perform their obligation under this Agreement will not be considered as default if such failure is the result of natural calamities, acts or God, Covid-19, extreme adverse disasters and circumstances beyond the control of the parties.
GENERAL PROVISION, DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION.
This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
In the event of issues arising regarding the execution of this Agreement, the Parties shall resolve them through arbitration before filing lawsuits. This Agreement shall be governed by and construed in accordance with the laws of Singapore. Exclusive jurisdiction and venue shall be in Singapore.
This Agreement shall be binding upon and inure to the benefit of the Company and the Service Provider and their respective successors and assigns, provided that the Service Provider may not assign any of their obligations under this Agreement without the Company’s prior written consent.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
SERVICE PROVIDER: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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