Lafferty Services, LLC ***17067 Savagetown Rd. ***
Painter, Virginia 23420
Company desires to engage and contract for the
services of the Independent Contractor to perform certain tasks as
set forth below. Independent Contractor desires to enter into this
Agreement and perform as an independent contractor for the company
and is willing to do so on the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the above recitals and the
mutual promises and conditions contained in this Agreement, the
Parties agree as follows:
STATUS OF INDEPENDENT CONTRACTOR
This Agreement does not constitute a hiring by either party. It is
the parties intention that Independent Contractor shall have an
independent contractor status and not be an employee for any
purposes, including, but not limited to, the application of the
Federal Insurance Contribution Act, the Social Security Act, the
Federal Unemployment Tax Act, the provisions of the Internal Revenue
Code, the State Revenue and Taxation Code relating to income tax
withholding at the source of income, the Workers' Compensation
Insurance Code 401(k) and other benefit payments and third party
liability claims. Independent Contractor shall retain sole and
absolute discretion in the manner and means of carrying out their
activities and responsibilities under this Agreement. This Agreement
shall not be considered or construed to be a partnership or joint
venture, and the Company shall not be liable for any obligations
incurred by Independent Contractor unless specifically authorized in
writing. Independent Contractor shall not act as an agent of the
Company, ostensibly or otherwise, nor bind the Company in any
manner, unless specifically authorized to do so in writing.
TASKS, DUTIES, AND SCOPE OF WORK
Perform Latch Hooking Rug service. Contract begins as soon as
terms are accepted, by receipt of registration fees.
Registration Fee cover the following: Computer set-up,
installment shipping, and payment processing. Attributes
defined as 1/2 registration fee for computer set-up for independent
contractor, 1/4 set aside for payment processing, and 1/4 set aside
for independent contractors inventory and submission of work in
installments. All supplies will be provided for as long as the
contractor is contracted to complete rugs, under the 1/4 set aside.
Payments will be made as soon as work is received and computer
processed, via paypal.
Contractors will work as his/her own pace.
Contractors will be responsible for his/her own taxes.
REFUNDS
Refunds can be claimed only if you notify company before shipment or
release of supplies. Otherwise refunds may be accepted under
certain conditions the company deem necessary, company conditions
must be complied with. If accepted 50% refund can be claimed if you return
supplies, after receiving them without working. 25% refund can
be received, only if you have not received any paypal payments(
meaning we have not been charged any paypal fees on your account).
Less then 25% refunds will be determined accordingly, only if you
have been registered for less then one year. Set aside supply
fees will be reimbursed up to one year, providing all supplies are
returned. After one year no
partial refunds are available. All supplies must be returned
within 30 days of requesting your refund or contractor's status will
be considered a resignation.
TERMINATION/Resignation
This Agreement may be terminated or worker may request resignation, prior to the completion or
achievement of the Scope of Work by company under any
conditions. under either termination or
resignation. Such termination shall
not prejudice any other remedy to which the terminating party may be
entitled, either by law, in equity, or under this Agreement. No
reimbursement or refunds will be available for
termination/resignation status.
NON-DISCLOSURE OF TRADE SECRETS, CUSTOMER LISTS
AND OTHER PROPRIETARY INFORMATION
Independent Contractor agrees not to disclose or communicate, in any
manner, either during or after Independent Contractor’s agreement
with Company, proprietary information about Company, its operations,
clientele, or any other proprietary information, that relate to the
business of Company including, but not limited to, the names of its
customers, its marketing strategies, operations, or any other
information of any kind which would be deemed confidential, a trade
secret, a customer list, or other form of proprietary information of
Company. Independent Contractor acknowledges that the above
information is material and confidential and that it affects the
profitability of Company. Independent Contractor understands that
any breach of this provision, or that of any other Confidentiality
and Non-Disclosure Agreement, is a material breach of this
Agreement. To the extent Independent Contractor feels they need to
disclose confidential information, they may do so only after
obtaining written authorization from [an officer] of the Company.
NON-SOLICITATION COVENANT
Independent Contractors shall not, during the Agreement and for a
period of one year immediately following termination of this
Agreement, either directly or indirectly, call on, solicit, or take
away, or attempt to call on, solicit, or take away, any of the
customers or clients of the Company on whom Independent Contractor
called or became acquainted with during the terms of this Agreement,
either for their own benefit, or for the benefit of any other
person, firm, corporation or organization.
NON-RECRUIT COVENANT
Independent Contractor shall not, during this Agreement and for a
period of one year immediately following termination of this
agreement, either directly or indirectly, recruit any of Company’s
employees for the purpose of any outside business.
RETURN OF PROPERTY
On termination of this Agreement, or whenever requested by the
parties, each party shall immediately deliver to the other party
property in its possession, or under its care and control, belonging
to the other party to them, including but not limited to,
proprietary information, customer lists, trade secrets, intellectual
property, computers, equipment, tools, documents, plans, recordings,
software, and all related records or accounting ledgers, including
set aside supply fees, being held within that one year period.
LEGAL COMPLIANCE
Independent Contractor is encouraged to treat all company employees,
customers, clients, business partners and other affiliates with
respect and responsibility. Independent Contractor is required to
comply with all laws, ethical codes and company policies,
procedures, rules or regulations, including those forbidding sexual
harassment, discrimination, and unfair business practices
CONTAINMENT OF ENTIRE AGREEMENT
This Agreement is an independent document and supersedes any and all
other Agreements, either oral or in writing, between the parties
hereto, except for any separately signed Confidentiality, Trade
Secret, Non-Compete or Non-Disclosure Agreements to the extent that
these terms are not in conflict with those set forth herein.
