SERVICE PROVIDER AGREEMENT.
This Service Provider Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between ____________, Contact Info: _____________________ (hereinafter referred to as the “Company”), and __________, Contact Info: ___________, (herein referred to as the “Service Provider”).
WHEREAS, the Company facilitates a connection between project owners and Service Providers.
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 provide the Company’s clients/customers/project owners with the following services;
- The Company shall instruct the Service Provider on the location and the dates for the provision of the services covered herein.
- The Company shall not provide the Service Provider with the required tools and/or equipment that may be needed to perform their obligations under this Agreement.
- The Service Provider shall be paid based on the on the amount approved for the labor cost per project. The Service Provider shall receive a down payment on the Effective Date herein and then increment after validation of each monthly scheduled setoff activities. Monthly payments shall be made on the ____ day of each month, unless it falls on a weekend or on a national holiday then it shall fall on the next day.
- The Service Provider shall pay Forty Dollars ($40) as a monthly service fees.
- INDEPENDENT CONTRACTOR.
- 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 AND FEES
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 performed under this Agreement.
The Service Provider will not subcontract any parts of their obligations under this Agreement to a third party without the prior written consent of the Company. However, in the event a subcontractor is permitted to perform any of the Service Provider’s obligations under this Agreement, Service Provider will continue to be held responsible for all terms and conditions of the contract.
- 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 Two Years after the termination/cancellation of this Agreement, by incitement encourage the Company’s employees, customer, clients, partners, associates and/or affiliates of the Company to terminate their obligations with the Company.
- With cause – The Parties acknowledge that either Party can terminate/cancel this Agreement at any time provided that they issue a ______ Day Written Notice on the same. The Service Provider shall comply and corporate with the Company to ensure that the work/project allocated to them is completed before the Agreement is terminate/cancelled. The Company shall ensure to pay the Service Provider for all work done before the termination/cancellation is made effective.
- Without cause – the Company may at any time and without prior written notice to the Service Provider, terminate/cancel this Agreement if any of these reasons are evident;
- Warning for infringement of terms and conditions of network usage.
- Failure to meet the deadlines set for each project.
- If the Service Provider does not improve their performance after the first warning, Company shall issue the Service Provider a 3 month suspension and a definite termination.
- Providing false information during the suspension.
- Misuse of the client’s resources and assets.
- Extend period of litigation.
- Refusing to take in-house training for improvement.
- GENERAL PROVISION, GOVERNING LAW, DISPUTE RESOLUTION 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.
- The Parties agree to use arbitration for dispute resolution in the unfortunate event of issues arising from the performance of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of Pennsylvania, USA. Exclusive jurisdiction and venue shall be in Pennsylvania, USA.
- 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.
- Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
COMPANY: Signature: _______________________________________
SERVICE PROVIDER: Signature: ___________________________________
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