TERMS OF SERVICE
DESCRIPTION OF SERVICES.
Beginning on (day of service), the Contractor will provide the following services (collectively, the “Services”):
This depends on the type of service and agreement made between client and contractor for the services.
PAYMENT FOR SERVICES
No other fees and/or expenses will be paid to the Contractor, unless such fees and/or expenses have been approved in advance by the appropriate executive on behalf of the Recipient in writing. The Contractor shall be solely responsible for any and all taxes, Social Security contributors or payments, disability insurance, unemployment taxes, and other payroll type taxes applicable to such compensation.
RELATIONSHIP OF PARTIES.
It is understood by the parties that the Contractor is an independent contractor with respect to the Recipient and not an employee of the Recipient. The Recipient will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Contractor.
It is contemplated that the relationship between the Contractor and the Recipient shall be a non-exclusive one. The Contractor also performs services for other organizations and/or individuals. The Recipient has no right to further inquire into the Contractor’s other activities.
The Recipient has no right or power to control or otherwise interfere with the Contractor’s mode of affecting performance under this Agreement. The Recipient’s only concern is the result of the Contractor’s work, and not the means of accomplishing it. Except in extraordinary circumstances and when necessary, the Contractor shall perform the Services without direct supervision by the Recipient.
The Contractor is a professional who uses his or her own professional and business methods to perform services related to social media content creation (digital marketing) and writing. The Contractor has not and will not receive training from the Recipient regarding how to perform the Services.
PERSONAL SERVICES NOT REQUIRED
The Contractor is not required to render the Services personally and may employ others to perform the Services on behalf of the Recipient without the Recipient’s knowledge or consent. If the Contractor has assistants, it is the Contractor’s responsibility to hire them and provide materials for them.
SET WORK HOURS
The Contractor has set work hours during the week (Monday through Friday from 9AM till 7PM). The Recipient can contact the Contractor through email regarding work and text regarding quick communications. There is no requirement the Contractor work full time or otherwise account for work hours.
EXPENSES PAID BY CONTRACTOR.
The Contractor’s business and travel expenses are to be paid by the Contractor and not by the Recipient unless mutually agreed by both the Contractor and the Recipient related to the business, which could include gas or transportation highway tolls.
OWNERSHIP OF SOCIAL MEDIA CONTACTS.
Any social media contacts, including “followers” or “friends,” that are required through accounts (including, but not limited to email address, blogs, Twitter, Facebook, YouTube, or other social media networks) used or created on behalf of the Recipient and the property of the Recipient.
Contractor may have had access to proprietary, private, and/or otherwise confidential information (“Confidential Information”) of the Recipient. Confidential Information shall mean all non-public information which constitutes, relates or refers to the operation of the business of the Recipient, including without limitation, all financial, investment, operational, personnel, sales, marketing, managerial and statistical information of the Recipient, and any and all trade secrets, customer lists, or pricing information of the Recipient. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. The Contractor will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Contractor, or divulge, disclose, or communicate in any manner any Confidential Information. The Contractor will protect such information and treat the Confidential Information as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, the Contractor will return to the Recipient all Confidential Information, whether physical or electronic, and other items that were used, created, or controlled by the Contractor during the term of this Agreement.
This Agreement is in compliance with the Defend Trade Secrets Act and provides civil or criminal immunity to any individual for the disclosure of trade secrets: (i) made in confidence to federal, state or local government official, or to any attorney when the disclosure is to report suspected violations of the law; or (ii) in a compliant or other document filed in a lawsuit if made under seal.
NO RIGHT TO ACT AS AGENT.
An “employer-employee” or “principal-agent” relationship is not created merely because (1) the Recipient has or retains the right to supervise or inspect the work as it progresses in order to ensure compliance with the terms of the contract or (2) the Recipient has or retains the right to stop work done improperly. The Contractor has no right to act as agent for the Recipient and has an obligation to notify any involved parties at it is not an agent of the Recipient.
This Agreement constitutes the entire contract between the parties. All terms and conditions contained in any other writings previously executed by the parties regarding the matters contemplated herein shall be deemed to be merged herein and superseded hereby. No modification of this Agreement shall be deemed effective unless in writing and signed by the parties hereto.
WAIVER OF BREACH.
The waiver by the Recipient of a breach of any provision of this Agreement by Contractor shall not operate or construed as a waiver of any subsequent breach by Contractor.
If any provision of this Agreement shall be held to be invalid or enforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provisions of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
HOW TO CONTACT US
WORK IN PROGRESS MEDIA, LLC
Whatsapp: +1 786.916.1854 |