A. Stintlief Technologies provides its clients with outplacement or outsourcing services. This includes placement of remote contractors.
B. Stintlief Technologies has been asked or is being considered to be asked by The Client to offer its services to The Client for the placement of contractors.
C. The services will be provided by Stintlief Technologies to the client according to the terms and conditions of this Service Agreement.
IT IS AGREED As Follows:
1. DEFINITIONS AND INTERPRETATION
Schedule 1 provides the Definitions and Interpretations for this Service Agreement.
2. AGREEMENT - DAY TO DAY OPERATION
2.1 The terms and conditions on the Stintlief Technologies website provide the procedure for day to day activities like request for service by the client, selecting the Stintlief Technologies employee and perform other day to day activities with respect to this contract.
2.2 It is acknowledged by the client and agreed upon that the nature of this agreement with Stintlief Technologies does not establish any form of employment.
The liability for choosing the appropriate Stintlief Technologies employee rests with the client. The hiring is done for independent contractors on the basis of applicable local guidelines.
The Stintlief Technologies employee does not have any authority to enter into contracts on behalf of the client. The agreement does not create any partnership between the Client and the Stintlief Technologies employee.
3.1 This Agreement will be applicable on a month to month basis, will commence on the starting date as agreed upon. The Agreement will continue until terminated in accordance with clause 12.
4.1 The time for payment to be made to Stintlief Technologies is provided in Schedule 1 and the requisite terms and conditions as on the Stintlief Technologies website.
4.2 The provisions provided in Schedule 1 are a part of and operative under this Contract.
5. NO Stintlief Technologies LIABILITY
5.1 In case of any loss, damage, costs or compensation (whether direct or indirect) to The Client, no liability shall be incurred by Stintlief Technologies. The following cases are included:
6. THE CLIENT'S INDEMNITY TO Stintlief Technologies
6.1 With respect to the following cases of loss or claims the client has to pay indemnity to Stintlief Technologies
6.2 If there are any claims made by a Stintlief Technologies employee with respect to his/her termination of services, the client has to indemnify Stintlief Technologies for the same.
RESTRICTION ON DIRECT HIRING OF Stintlief Technologies SERVICE EMPLOYEES
7.1 The Client must pay to Stintlief Technologies 15,000.00 USD for each Stintlief Technologies employee who has been offered/hired by the Client directly.
7.2 When this contract is terminated, no Stintlief Technologies employee who is performing an assignment for The Client or has performed an assignment for The Client in the last 12 months can be offered a contract or permanent employment by The Client.
7.3 Stintlief Technologies Employee 's friends, family members, referrals and network cannot be offered work or Assignments by Stintlief Technologies clients without prior approval
7.4 No information exchange related to payments and pricing between Stintlief Technologies and Stintlief Technologies employees shall be permitted
8. INTELLECTUAL PROPERTY
8.1 All material prepared by the Stintlief Technologies Employee will be owned by the Clientand any Intellectual Property Rights in any such work shall vest in The Client.
9. All parties agree that they will handle personal information in accordance with the Privacy Laws
10. CONFIDENTIAL INFORMATION
10.1. The only information that is disclosed by any party is that which is required by the law.
Both parties represent and warrant to the other party that:
a) There are no actions, claims, proceedings or investigations pending or threatened against it or by it of which it is aware, and which may have a material effect on the subject matter of this Contract.
12.1 A party ("the first party") may immediately (or with effect from any later date it may nominate) terminate if:
12.2 The Client may appoint the Stintlief Technologies Employee on a trial basis. This is for a minimum of 1 hour and a maximum of 10 days. The client can terminate the Stintlief Technologies employee at any time during the trial period.
12.3 Subject to The Client complying with the provisions set out in Schedule 1, if The Client can terminate the full time employees in the following manner:
12.4 Upon termination:
(a) The client will return all Confidential Information back to Stintlief Technologies
The Client accepts the terms as set out within the terms and conditions on Stintlief Technologies's website
14. DUTY OF CONFIDENTIALITY
a. Stintlief Technologies and the Stintlief Technologies Employee acknowledge that while working for the client, they may have access to Confidential Information of The Client.
b. Stintlief Technologies and the Stintlief Technologies Employee undertake not to disclose, use this information to any third parties
1. The Stintlief Technologies Employee is entitled to request for leaves on public holidays of his or her location