SERVICE PROVISION CONTRACT
This service agreement is entered into on this…………………………day of …………………………2021 by and between …………… (hereinafter referred to as ‘Company’) and ………………………. (hereinafter referred to as ‘contractor’) and altogether referred to as the parties.
WHEREAS the Company desires to enter into a contract with the Contractor to perform ……………………… in accordance with the terms and conditions set herein.
WHEREAS the consultant desires to perform………….as agreed herein as an independent contractor to provide client recruitment and account oversight services.
NOW, THEREFORE, in consideration of the recitals above and the terms contained below, and in consideration of the mutual promises agreed upon herein, receipt and sufficiency of which is hereby acknowledged, the parties further agree as follows:
- SERVICES
The Contractor herein agrees to perform the services of client recruitment and account oversight professionally. The contractor shall at all times endeavor to ensure the Company is satisfied by performing according to standard. The Contractor agrees that the equipment to be used is that it sues in the normal provision of the mentioned services and that such equipment is working as required and maintained to the required standard.
- COMPENSATION
The Company shall pay the Contractor a sum of $……………………………. which payment shall be made on or before the execution of this agreement. (receipt of which shall be acknowledged) The Contractor is not required to provide the Company with exclusive services as its services may also be hired by other parties provided that it fulfills the terms herein.
- TERM
The term of this agreement shall run from……………………to ………………. The agreement may be terminated through the provisions set herein or through issuing written notice issued within 14 days from the date of issuance of the notice.
- RELATIONSHIP
The parties herein agree that the Contractor is an independent contractor and is not an employee or agent of the Company or is entitled to any employment benefits payable by the Company. As an independent contractor, the Contractor agrees that:
- The Contractor does not have the authority to act on behalf of the Company or bind the Company whatsoever unless as agreed herein.
- The Contractor shall not incur any debts or liabilities on behalf of the Company or receive any benefits other than those stipulated herein.
- All services are to be performed solely at the Company’s risk, and the Company shall take all necessary precautions to ensure proper performance of the terms and conditions set herein.
- INDEMNIFICATION AND INSURANCE
The Contractor shall indemnify and hold harmless the Contractor against any claims, damages, or expenses that arise from any acts or omissions of the Contractor or otherwise resulting from the provision of services herein.
- NOTICE
Any notice issues herein shall be in writing and shall be sent to the official address of the party intended within business hours receipt whereof shall be acknowledged.
- NON-COMPETE CLAUSE
The Contractor agrees that during the term of this agreement and for a period of three years thereafter the party shall not engage in, consult in or participate in any business activity within any state in the United States of America or any other country or any other business that us related to the subject matter herein or in any way compete with the services provided by the company or its affiliates. The contractor is also restricted from working for a background check company for a period of two years from the date pf termination of this contract.
H. THIRD PARTIES
This agreement does and shall not be deemed to confer any benefits or rights to third parties, including any claim for damages or suit because of any such term contained herein.
- ASSIGNMENT
This agreement s shall not be assigned by either of the parties herein except with the other party’s written consent.
- SEVERABILITY
If any of the terms herein is in any way invalidated, such invalidation shall not affect or render the other provisions unenforceable. The contract shall be construed and enforced accordingly save for that specific provision.
- DISPUTE RESOLUTION
In case of any dispute arising between the parties herein concerning this agreement, the arbitration shall be resolved with the arbitral award capable of enforcement under Californian laws. The contract shall be construed following the laws of the state of California.
- ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties herein and concerning the subject matter herein. This agreement, therefore, supersedes any previous understanding relating to the subject matter herein and between the parties mentioned.
IN WITNESS WHEREOF, the parties have hereby caused their signs to be affixed to this agreement on the date first written above.
CONTRACTOR………………..
COMPANY……………………………….
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