Last updated: January 2, 2021
1. Independent Contractor. This Agreement shall not render the Contractor an employee, partner, agent of, or joint venture with the Company for any purpose. The Contractor is and will remain an independent contractor in his relationship to the Company. The Company shall not be responsible for withholding taxes with respect to the Contractor’s compensation hereunder. The Contractor shall have no claim against the Company hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. Contractor understands that as a Contractor they are a separate company, and a separate entity from Company, and as an independent business they will be 100% responsible for and liable for any and all local, state, and federal taxes due for the payments and income they receive from Company. Contractor will provide Company with all appropriate tax and insurance documents and forms as required by local, state, and federal law, including a 1099 form.
2. Negligence. If (1) The Contractor is negligent in servicing an account either in the job he/she performed or in agreeing to a job and then not servicing that job and not informing the company, or (2) if a client shall deem the services rendered by The Contractor as deficient, or (3) if a client cancels an existing written or verbal agreement with The Company because of the actions of the contractor either on the property, or due to a lack of timely communication on the contractors part, or the refusal of the Contractor to honor the 45 day warranty then the liability for reimbursement and / or lost income shall be held by the Contractor. The Company reserves the right to withhold monies from future payments to the contractor in lieu of payment from the Client.
3. Confidentiality. Contractor will not at any time or in any manner either directly or indirectly, use for the personal benefit of Contractor or divulge, or communicate in any manner any information that is proprietary to Company. Contractor will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Contractor will return to Company all records, work orders, documentation and other items that were used, created, or controlled by Company during the term of this Agreement.
4. Warranties and Representation. Contractor will warranty all work for a period of 45 days. This will include all parts and labor provided. If Contractor has damaged any of the facilities, merchandise, or assets of Company’s client, Contractor agrees to pay for complete replacement and/or refurbishment as requested by the client. Contractor takes full responsibility and agrees to pay for any incident or injury that occurs during the performance of its services at client locations. Contractor will not pursue Company or its clients for accidents, injuries, and damages it incurs.
5. Indemnity and Hold Harmless. Contractor agrees to defend, protect and indemnify Company, its subsidiaries, affiliates, and all their divisions and successors, agents, servants and/or employees, and their clients, and their affiliates, agents, employees, owners, lessors, and lessees and save them harmless from and against any and all claims, actions, proceedings, damages, liens, encumbrances, liabilities and expenses (including attorney’s fees and costs of litigation) in connection with loss of life, bodily injury, personal injury and/or damages to property arising from or out of any accident or occurrence in, upon or at the premises that are the subject of the work orders incorporated by reference in this Agreement, resulting from the Contractor’s actions, omissions, activities, use or occupancy of said premises, including any acts or omissions of Contractor’s affiliates, agents, contractors, servants, licensees, employees or concessionaires. This indemnification shall be total and complete and shall include any and all reasonable costs and expenses (including attorney’s fees and costs of litigation) incurred by Company, its subsidiaries, affiliates, any of their divisions, successors, agents, servants and/or employees, and/or their clients, and their affiliates, agents, employees, owners, lessors, and lessees, as their interest may appear, in relationship to any such claims, actions, proceedings, damages or liabilities.
6. Request for Service. Company intends that all requests for services shall be made directly from Company to Contractor via text message originating from Company Text Only Contractor Services Number: 206-659-5080 or other number as provided to contractor.
7. Entire Agreement. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written.
8. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provision shall continue to be valid and enforceable. If a court finds that any provision 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.
9. Injunction. It is agreed that if Contractor violates the terms of this Agreement, money damages will be insufficient to compensate Company. Therefore, Company will be entitled to seek injunctive relief (i.e., a court order that requires contractor to comply with this Agreement) to enforce the terms of this Agreement.
10. Choice of Law. The laws of the state of Arkansas shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto.
11. Headings. Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
12. Assignment. The Contractor shall not assign any of his rights under this Agreement, or delegate the performance of any of his duties hereunder, without the prior written consent of the Company.
13 Pictures: Before and after pictures of all work must be taken and submitted within 48 hours to the company via the medium in which they choose (email, website upload, etc.). These pictures must show all the guttering before the job is started and all guttering after the job has been completed.
14. Payment: All payment for work will be on a per job basis. No payment will be issued unless the pictures that verify work was completed are submitted and received by the Company within 10 days of the completion of the job. All payment for work will be issued via Paypal or some other method at the discretion of the Company. Independent Contractor understands and agrees that no payment will be issued from Company to Independent Contractor without an up to date w-9 form on file with the company.