by streetg
Wed Dec 15, 2010 12:08 pm
I have just had a job offer from ELM, I asked for more information not believing it at all, they have now sent a frorm asking me to fill in all my details and a full contract, needless to say I will not be filling this out.
TRIAL PERIOD AGREEMENT
BETWEEN: [EMPLOYEE NAME] (the "Employee"), an individual with his main address at:
[COMPLETE ADDRESS]
AND: ELM (the "Company"), an entity organized and existing under the laws of the US with its head office located at:
2958 Michelson Drive, Irvine, CA, 92612, United States
Recitals
In consideration of the covenants and agreements herein contained and the moneys to be paid hereunder, the Company hereby employs the Employee and the Employee hereby agrees to perform services as an employee of the Company, on an “at will” basis, upon the following terms and conditions:
1. Subject of the Agreement
1.1. According to the present Agreement the Company hereby engages the Employee and the Employee is obliged to perform the services set forth herein. The Employee hereby accepts such engagement and undersigns to act to the interests of the Company while the present Agreement is in force and to receive compensation for his services.
1.2. The services provided to the Company in sense of the present Agreement are understood as professional activity of the Employee consisting of a complex of transactions set out in the Exhibit A, attached to this Core Agreement. Exhibit A represents the integral part of the Agreement and contains the principles and values governing the relationship between the Company and the Employee. The Employee takes the responsibility to provide the Company with the estimate, which is later attached as Exhibit A of the present Agreement. The Exhibit A shall define the Employee’s duties, term of engagement, compensation and provisions for payment thereof.
2. General provisions
2.1. The provisions of the Agreement may be negotiated and amended in writing from time to time, or supplemented with subsequent estimates for services to be rendered by the Employee and agreed to by the Company. No modification or amendment to this Agreement shall be valid unless made in writing and signed by duly authorized representatives of both Parties All changes, supplements and appendices to the present Agreement are the integral part of the present Agreement.
2.2. The Employee provides services in strict conformity with Exhibit A with the purpose of receiving the greatest possible profit. The Exhibit A is adjusted and signed by the Parties along with signing of the present Agreement.
2.3. Section headings do not completely and accurately reflect the content of the present Agreement and therefore shall not be considered a part of this Agreement.
2.4. This Agreement and the Prior Agreement contains the entire understanding of the Parties with respect to the matters contained herein and supersedes all previous negotiations, agreements and commitments related thereto. There are no promises, covenants or undertakings between the Parties other than those expressly set forth herein and in the Prior Agreement. In the event of any conflicts between this Agreement and the Prior Agreement, this Agreement shall prevail.
2.5. Neither Party shall be liable for any delay or nonperformance of any provision of this Agreement. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain non-cancelable in full force and effect.
3. Expenses and dues
3.1. All expenses or dues, which the Employee has paid (or should pay in the future) at execution of the obligations under the present Agreement, are subject to compensation at the expense of the Company, at a rate of actual expenses.
3.2. The Company undertakes to reimburse all reasonable and approved out-of-pocket expenses which are incurred in connection with the performance of the duties hereunder during the term of this Agreement except for the expenses for the time spent by the Employee in traveling to and from Company facilities.
3.3. The above-stated expenses and the dues shall be reflected in Exhibit A.
4. Employee's reports
4.1. The accountability of the Employee consists of monthly project plans, progress reports and a final results report, provided to the Company. On request from the Company the Employee shall be ready to present to the Company reports summarizing all activities conduced by Employee to date. A comprehensive final results report shall be due at the conclusion of the project and shall be submitted to the Company in a confidential written report at such time.
4.2. The results report shall be presented in such form and contain such information and data as is reasonably requested by the Company. In case the Company has not signed the results report and also has not presented the motived refusal, the report is deemed accepted by the Company.
5. Privacy statement
5.1. Any information transferred from one Party to another in the framework of the present Agreement, is confidential and is not subject to disclosure to the third parties without the written agreement of the Parties, except for cases stipulated hereto.
5.2. The Employee, by signing this Agreement, expressly grants to the Company for all copyrightable material, any and all inventions, discoveries, developments and innovations conceived by the Employee during this engagement relative to the duties under this Agreement shall be the exclusive property of the Company.
5.3. Any and all inventions, discoveries, developments and innovations conceived by the Employee prior to the term of this Agreement and utilized by him in rendering duties to the Company are hereby licensed to the Company for use in its operations and for an infinite duration. This license is non-exclusive, and may be assigned without the Employee’s prior written approval by the Company to a wholly owned subsidiary of the Company.
5.4. The Employee limits a circle of the employees admitted to the Company information, to the number of the employees necessary for present Agreement execution.
5.5. The Employee undertakes not to disclose the information about operations, accounts and essential elements of the Company for the third parties, except for the cases, when the disclosure of such information is directly authorized by the Company or follows the necessity of execution of the present Agreement.
5.6. The Employee is cognizant, that the system of the accounts utilized by the Employee is extremely internal system. No record which has been designated as confidential, or is the subject of a pending application of confidentiality, shall be disclosed by the Employee.
5.7. The Company and the Employee shall identify preexisting confidential or proprietary items to be delivered under this Agreement as follows. The Employee and the Company agree that during this Agreement, it is possible that the Employee may develop additional data or information that the Employee considers to be protectable as confidential information. The Employee acknowledges that during the engagement he will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records and specifications owned or licensed by the Company and/or used by the Company in connection with the operation of its business including, without limitation, the Company’s business and product processes, methods, customer lists, accounts and procedures.
5.8. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of the Company, whether prepared by the Employee or otherwise coming into his possession, shall remain the exclusive property of the Company.
5.9. The Employee shall not retain any copies of the foregoing without the Company’s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by the Company, the Employee shall immediately deliver to the Company all such files, records, documents, specifications, information, and other items in his possession or under his control.
5.10. The Employee undertakes to do not distribute the information, which becomes known to him in connection with the present Agreement.
5.11. The Employee undertakes not to disclose the text of the present Agreement, including all changes, supplements and appendices to the third parties.
5. 12. No contract shall be entered into without these rights being assured to the Company from the Employee.
6. Rights and Responsibilities of the Parties
6.1. The Parties bear the responsibility for non-execution and inadequate execution of the obligations under the present Agreement stipulated hereto.
6.2. The Parties bear responsibility for disclosure of the confidential information related to their mutual actions within the framework of the present Agreement.
6.3. Employee works under this Agreement for exercising the degree of skill and care required by customarily accepted good professional practices and procedures. During the term of this agreement, the Employee shall devote as much of his productive time, energy and abilities to the performance of his duties hereunder as is necessary to perform the required duties in a timely and productive manner.
6.4. The Employee represents that he is free to enter into this Agreement, and that this engagement does not violate the terms of any agreement between the Employee and any third party. The Employee is expressly free to perform services for other parties while performing services for the Company.
6.5. For a period of six months following any termination, the Employee shall not, directly or indirectly hire, solicit, or encourage to leave the Company’s employment, any employee, consultant, or Employee of the Company or hire any such employee, consultant, or Employee who has left the Company’s employment or contractual engagement within one year of such employment or engagement.
7. Right to Injunction; Liability insurance
7.1. The Employee is cognizant that the services to be rendered to the Company under this Agreement are of a special, unique, unusual, and extraordinary character which gives them a peculiar value. The loss of the rights and privileges granted to the Company under the Agreement cannot be reasonably or adequately compensated by any action at law, and the breach by the Employee of any of the provisions of this Agreement will cause the Company irreparable injury and damage.
7.2. The Employee expressly agrees that the Company shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by the Employee. Resort to such relief shall not be construed to be a waiver of any other rights or remedies that the Company may have for damages or otherwise. The various rights and remedies of the Company under this Agreement or otherwise shall be construed to be cumulative, and no one of them shall be exclusive of any other or of any right or remedy allowed by law.
7.3. Any costs for failure to meet these standards, or otherwise defective services, which require reperformance, as directed by Company or its designee, shall be borne in total by the Employee and not the Company. The liability insurance (including malpractice insurance, if warranted) relative to any service in the framework of the Agreement shall be carried by the Employee.
8. The duration and rescission of the Agreement
8.1. The present Agreement becomes effective from the moment of its signing by the Parties for 1 month.
8.2. The present Agreement can be terminated on mutual agreement of the Parties, and also on the bases stipulated by governing law.
8.3. Merger or consolidation of the Company into or with any other entity shall not be the reason for termination of the present Agreement.
8.4. The present Agreement can be terminated preschedully under the initiative of the Company. In this case the Company is obliged to notify another Party in writing about Agreement rescission not later than 10 (ten) business days prior to reputed date of avoidance.
8.5. The Company retains the right to terminate, at once, upon the default of the Employee and to proceed with the work required under the Agreement in any manner the Company deems proper.
8.6. If the Employee is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directive of the Company, is guilty of serious misconduct in connection with performance hereunder, or materially breaches provisions of this Agreement, the Company at any time may terminate the engagement of the Employee immediately and without prior written notice to the Employee. Employee specifically acknowledges that the unilateral termination of the Agreement by the Company under the terms set forth below is an essential term of the Agreement.
9. Benefits package, professional advantages and taxation
9.1. The Employee, being the independent Party, independently bears responsibility for execution of services in the context of the present Agreement. Therefore the Employee agrees that the Company shall not render the latter an employee, partner, agent, or joint venturer with the Company for any purpose.
9.2. 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 from the part of the Employee are appropriate.
9.3. You will receive a monthly invoice stating your total income. All applicable taxes are covered by the company..
9.4. The parties have agreed to consider any messages sent each other by means of facsimile communication be legal.
10. Successors and Assigns
10.1. This Agreement shall be binding upon and inure to the benefit of the successors or assigns of the Parties hereto and, to the extent any successor or assign is not bound by operation of law, each Party shall cause such successor or assign to expressly agree in writing to be bound by this Agreement.
10.2. Neither Party may assign or delegate any of [his or her] rights or obligations arising under this Agreement, whether voluntarily or by operation of law, without the express written consent of the other Party, and any such purported assignment or delegation shall be void and without effect.
11. Applicable right and resolution of disputes
11.1. The present Agreement is adjusted to the legislation of the United States and United Kingdom.
11.2. All dissents, disputes and contraventions, which can arise between the Parties in relation to the conclusion, execution and avoidance of the present Agreement, are subject to the admittance by negotiation.
11.3. In a case the Parties have not achieved consent during negotiation the dispute is subject to consideration in the order stipulated by the rules of the London Court of International Arbitration, and the awards judgments may be brought to any authorized court.
12. Waiver
12.1. The release of the obliged Party from the liability for nonperformance, inadequate execution any of the unrealizable obligation under the present Agreement, does not entail the release of this Party from the liability for nonperformance of its other obligations which have been not recognized by the Parties unrealizable on the Agreement. Failure or delay by either Party to enforce compliance with any term or condition of this Agreement shall not constitute a waiver of such term or condition.
13. Notices
13.1. All notices required or authorized hereunder shall be in writing and shall be delivered by any reasonable means, including by personal delivery, registered or certified mail, or facsimile to the address of the Party to which that notice is to be given, if deposited in the Royal Mail, certified or registered, postage prepaid, return receipt requested.
14. The essential elements and signatures of the Parties
IN WITNESS WHEREOF the undersigned have executed this Agreement as of the day and year first written above.
The present Agreement, as well as all supplements, changes and the appendices to the present Agreement signed by the means of facsimile communication, stand good in law.
EMPLOYEE COMPANY
Authorized Signature Authorized Signature
Joseph M. Gabriel, Director
Print Name and Title Print Name and Title
EXHIBIT A (Administrative Assistant)
Duties, Term of the Agreement and Compensation
1. DUTIES:
The primary goal of the Administrative Assistant / Sales Support Representative is to provide local customer support to our clients within United Kingdom. This includes providing convenient payment options and informing them of shipping and the terms of sale.
You will be assisting our clients within United Kingdom, the assistance to be provided will include: payment collections and customer service via email.
Your duties will include:
- Collecting Local Payments
When a buyer in the UK decides to purchase an item through an online auction from our sellers he has the following payment options: pay pal, international wire transfer, international check, local certified check or local wire transfer. The quickest option of these is local wire transferring. Local wire transfers and certified checks are the options that the sales support representative will provide to the clients.
- Managing Data
Along with the payments received from buyers you will be receiving details for these sales. These details will include items sold, price, and buyer's information. You are to file and maintain these purchasing records and transactions.
- Forwarding of the Payments
Once you receive each payment you will be keeping 5% as commission and forwarding the rest to the seller or representative, whose information will be provided prior each transaction. It is crucial to complete forwarding of the payments in a time efficient manner.
- Correspondence
You will be submitting brief reports, weekly reports, and monthly reports. Weekly and monthly reports are to be done in Excel format and are to summarize all transactions completed within the week, or month.
Here is an example of a brief report:
Date: May 8, '07
Buyer: Mona Evans
Item: Movado Watch
Price: 1,921.27 GBP
Commission 5%: 96 GBP
Fees: 75 GBP
Total Forwarded: 1750.27 GBP/2857.9 USD
Forwarded to: Diana Paulco, Stockholm, Sweden
Reference Numbers: 2438749827
- Fees, and Transferring Procedures
All fees are covered by the company. The fees for transferring are simply deducted from the payments received. No client will contact you during initial stage of the trial period. After three weeks of the trial period you will begin to have contact with the buyers via email in regards to collection of the payments. For the first three weeks you will simply receive all of the transferring details, and payments, along with step by step guidance from your supervisor. You will be forwarding the received payments through western union, money gram transferring agents, or by international wire transferring.
2. TERM OF THE AGREEMENT:
2.1. The present Agreement becomes effective from the moment of its signing by the Parties.
3. COMPENSATION:
3.1. During the trial period, you will be paid 1,800GBP per month while working on average 3 hours per day, Monday-Friday, plus 5% commission from every payment received and forwarded. The salary will be sent in the form of wire transfer directly to your account. After the trial period your base pay salary will go up to 2,900GBP per month, plus 5% commission.
3.2. The Company shall have the right to decrease the Employee’s commission in case the payment processing terms were violated by the Employee. In this case the Employee’s commission will be decreased at a rate of 1% per day.
3.3. In case of refusal from the part of the Employee to resend the money, accepted to his bank account, or delay of payment for the period exceeding 3 days without any explicit reason, the Company shall have the right to apply to the arbitration and claim for the reimburse of the amount transferred to his account or for compensation for other damage if any, evicted due to the delay.
4. EMPLOYEE INFORMATION FORM
Complete the Following Form
First and Last Name:_____________________________________________________________
Residential Phone Number:________________________________________________________
Mobile:________________________________________________________________________
Additional Phone Number: ________________________________________________________
Address:_______________________________________________________________________
Payments
In order to receive payments from clients and your salary please provide with account information:
Account Holder's Name:__________________________________________________________
Name of the bank:_______________________________________________________________
Branch:________________________________________________________________________
Branch’s Address:_______________________________________________________________
Account number:________________________________________________________________
Sort code:______________________________________________________________________
IBAN Code:____________________________________________________________________
Swift(optional):_________________________________________________________________
The Company will not reveal your details; and will only remit agreed funds to the account at the times and dates specified prior each transaction. The Employee will not attempt to use any of the Company funds - other than those that are deposited in relation to the employment as agreed remuneration, and commissions.
5. HOURS
Choose Preferred Working Hours (please write or type in X for the time you prefer). You should be able to check your email for instructions and should be ready complete instructions at chosen Time Shift every business day.
Part-Time:
SHIFT A: 9:00am-12:00pm
SHIFT B: 10:00am-1:00pm
SHIFT C: 11:00am-2:00pm
Full-Time:
SHIFT A: 9:00am-3:00pm
SHIFT B: 11:00am-5:00pm
6. signatures of the Parties:
EMPLOYEE COMPANY
Authorized Signature Authorized Signature
Joseph M. Gabriel, Director
Print Name and Title Print Name and Title
TRIAL PERIOD AGREEMENT
BETWEEN: [EMPLOYEE NAME] (the "Employee"), an individual with his main address at:
[COMPLETE ADDRESS]
AND: ELM (the "Company"), an entity organized and existing under the laws of the US with its head office located at:
2958 Michelson Drive, Irvine, CA, 92612, United States
Recitals
In consideration of the covenants and agreements herein contained and the moneys to be paid hereunder, the Company hereby employs the Employee and the Employee hereby agrees to perform services as an employee of the Company, on an “at will” basis, upon the following terms and conditions:
1. Subject of the Agreement
1.1. According to the present Agreement the Company hereby engages the Employee and the Employee is obliged to perform the services set forth herein. The Employee hereby accepts such engagement and undersigns to act to the interests of the Company while the present Agreement is in force and to receive compensation for his services.
1.2. The services provided to the Company in sense of the present Agreement are understood as professional activity of the Employee consisting of a complex of transactions set out in the Exhibit A, attached to this Core Agreement. Exhibit A represents the integral part of the Agreement and contains the principles and values governing the relationship between the Company and the Employee. The Employee takes the responsibility to provide the Company with the estimate, which is later attached as Exhibit A of the present Agreement. The Exhibit A shall define the Employee’s duties, term of engagement, compensation and provisions for payment thereof.
2. General provisions
2.1. The provisions of the Agreement may be negotiated and amended in writing from time to time, or supplemented with subsequent estimates for services to be rendered by the Employee and agreed to by the Company. No modification or amendment to this Agreement shall be valid unless made in writing and signed by duly authorized representatives of both Parties All changes, supplements and appendices to the present Agreement are the integral part of the present Agreement.
2.2. The Employee provides services in strict conformity with Exhibit A with the purpose of receiving the greatest possible profit. The Exhibit A is adjusted and signed by the Parties along with signing of the present Agreement.
2.3. Section headings do not completely and accurately reflect the content of the present Agreement and therefore shall not be considered a part of this Agreement.
2.4. This Agreement and the Prior Agreement contains the entire understanding of the Parties with respect to the matters contained herein and supersedes all previous negotiations, agreements and commitments related thereto. There are no promises, covenants or undertakings between the Parties other than those expressly set forth herein and in the Prior Agreement. In the event of any conflicts between this Agreement and the Prior Agreement, this Agreement shall prevail.
2.5. Neither Party shall be liable for any delay or nonperformance of any provision of this Agreement. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain non-cancelable in full force and effect.
3. Expenses and dues
3.1. All expenses or dues, which the Employee has paid (or should pay in the future) at execution of the obligations under the present Agreement, are subject to compensation at the expense of the Company, at a rate of actual expenses.
3.2. The Company undertakes to reimburse all reasonable and approved out-of-pocket expenses which are incurred in connection with the performance of the duties hereunder during the term of this Agreement except for the expenses for the time spent by the Employee in traveling to and from Company facilities.
3.3. The above-stated expenses and the dues shall be reflected in Exhibit A.
4. Employee's reports
4.1. The accountability of the Employee consists of monthly project plans, progress reports and a final results report, provided to the Company. On request from the Company the Employee shall be ready to present to the Company reports summarizing all activities conduced by Employee to date. A comprehensive final results report shall be due at the conclusion of the project and shall be submitted to the Company in a confidential written report at such time.
4.2. The results report shall be presented in such form and contain such information and data as is reasonably requested by the Company. In case the Company has not signed the results report and also has not presented the motived refusal, the report is deemed accepted by the Company.
5. Privacy statement
5.1. Any information transferred from one Party to another in the framework of the present Agreement, is confidential and is not subject to disclosure to the third parties without the written agreement of the Parties, except for cases stipulated hereto.
5.2. The Employee, by signing this Agreement, expressly grants to the Company for all copyrightable material, any and all inventions, discoveries, developments and innovations conceived by the Employee during this engagement relative to the duties under this Agreement shall be the exclusive property of the Company.
5.3. Any and all inventions, discoveries, developments and innovations conceived by the Employee prior to the term of this Agreement and utilized by him in rendering duties to the Company are hereby licensed to the Company for use in its operations and for an infinite duration. This license is non-exclusive, and may be assigned without the Employee’s prior written approval by the Company to a wholly owned subsidiary of the Company.
5.4. The Employee limits a circle of the employees admitted to the Company information, to the number of the employees necessary for present Agreement execution.
5.5. The Employee undertakes not to disclose the information about operations, accounts and essential elements of the Company for the third parties, except for the cases, when the disclosure of such information is directly authorized by the Company or follows the necessity of execution of the present Agreement.
5.6. The Employee is cognizant, that the system of the accounts utilized by the Employee is extremely internal system. No record which has been designated as confidential, or is the subject of a pending application of confidentiality, shall be disclosed by the Employee.
5.7. The Company and the Employee shall identify preexisting confidential or proprietary items to be delivered under this Agreement as follows. The Employee and the Company agree that during this Agreement, it is possible that the Employee may develop additional data or information that the Employee considers to be protectable as confidential information. The Employee acknowledges that during the engagement he will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records and specifications owned or licensed by the Company and/or used by the Company in connection with the operation of its business including, without limitation, the Company’s business and product processes, methods, customer lists, accounts and procedures.
5.8. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of the Company, whether prepared by the Employee or otherwise coming into his possession, shall remain the exclusive property of the Company.
5.9. The Employee shall not retain any copies of the foregoing without the Company’s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by the Company, the Employee shall immediately deliver to the Company all such files, records, documents, specifications, information, and other items in his possession or under his control.
5.10. The Employee undertakes to do not distribute the information, which becomes known to him in connection with the present Agreement.
5.11. The Employee undertakes not to disclose the text of the present Agreement, including all changes, supplements and appendices to the third parties.
5. 12. No contract shall be entered into without these rights being assured to the Company from the Employee.
6. Rights and Responsibilities of the Parties
6.1. The Parties bear the responsibility for non-execution and inadequate execution of the obligations under the present Agreement stipulated hereto.
6.2. The Parties bear responsibility for disclosure of the confidential information related to their mutual actions within the framework of the present Agreement.
6.3. Employee works under this Agreement for exercising the degree of skill and care required by customarily accepted good professional practices and procedures. During the term of this agreement, the Employee shall devote as much of his productive time, energy and abilities to the performance of his duties hereunder as is necessary to perform the required duties in a timely and productive manner.
6.4. The Employee represents that he is free to enter into this Agreement, and that this engagement does not violate the terms of any agreement between the Employee and any third party. The Employee is expressly free to perform services for other parties while performing services for the Company.
6.5. For a period of six months following any termination, the Employee shall not, directly or indirectly hire, solicit, or encourage to leave the Company’s employment, any employee, consultant, or Employee of the Company or hire any such employee, consultant, or Employee who has left the Company’s employment or contractual engagement within one year of such employment or engagement.
7. Right to Injunction; Liability insurance
7.1. The Employee is cognizant that the services to be rendered to the Company under this Agreement are of a special, unique, unusual, and extraordinary character which gives them a peculiar value. The loss of the rights and privileges granted to the Company under the Agreement cannot be reasonably or adequately compensated by any action at law, and the breach by the Employee of any of the provisions of this Agreement will cause the Company irreparable injury and damage.
7.2. The Employee expressly agrees that the Company shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by the Employee. Resort to such relief shall not be construed to be a waiver of any other rights or remedies that the Company may have for damages or otherwise. The various rights and remedies of the Company under this Agreement or otherwise shall be construed to be cumulative, and no one of them shall be exclusive of any other or of any right or remedy allowed by law.
7.3. Any costs for failure to meet these standards, or otherwise defective services, which require reperformance, as directed by Company or its designee, shall be borne in total by the Employee and not the Company. The liability insurance (including malpractice insurance, if warranted) relative to any service in the framework of the Agreement shall be carried by the Employee.
8. The duration and rescission of the Agreement
8.1. The present Agreement becomes effective from the moment of its signing by the Parties for 1 month.
8.2. The present Agreement can be terminated on mutual agreement of the Parties, and also on the bases stipulated by governing law.
8.3. Merger or consolidation of the Company into or with any other entity shall not be the reason for termination of the present Agreement.
8.4. The present Agreement can be terminated preschedully under the initiative of the Company. In this case the Company is obliged to notify another Party in writing about Agreement rescission not later than 10 (ten) business days prior to reputed date of avoidance.
8.5. The Company retains the right to terminate, at once, upon the default of the Employee and to proceed with the work required under the Agreement in any manner the Company deems proper.
8.6. If the Employee is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directive of the Company, is guilty of serious misconduct in connection with performance hereunder, or materially breaches provisions of this Agreement, the Company at any time may terminate the engagement of the Employee immediately and without prior written notice to the Employee. Employee specifically acknowledges that the unilateral termination of the Agreement by the Company under the terms set forth below is an essential term of the Agreement.
9. Benefits package, professional advantages and taxation
9.1. The Employee, being the independent Party, independently bears responsibility for execution of services in the context of the present Agreement. Therefore the Employee agrees that the Company shall not render the latter an employee, partner, agent, or joint venturer with the Company for any purpose.
9.2. 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 from the part of the Employee are appropriate.
9.3. You will receive a monthly invoice stating your total income. All applicable taxes are covered by the company..
9.4. The parties have agreed to consider any messages sent each other by means of facsimile communication be legal.
10. Successors and Assigns
10.1. This Agreement shall be binding upon and inure to the benefit of the successors or assigns of the Parties hereto and, to the extent any successor or assign is not bound by operation of law, each Party shall cause such successor or assign to expressly agree in writing to be bound by this Agreement.
10.2. Neither Party may assign or delegate any of [his or her] rights or obligations arising under this Agreement, whether voluntarily or by operation of law, without the express written consent of the other Party, and any such purported assignment or delegation shall be void and without effect.
11. Applicable right and resolution of disputes
11.1. The present Agreement is adjusted to the legislation of the United States and United Kingdom.
11.2. All dissents, disputes and contraventions, which can arise between the Parties in relation to the conclusion, execution and avoidance of the present Agreement, are subject to the admittance by negotiation.
11.3. In a case the Parties have not achieved consent during negotiation the dispute is subject to consideration in the order stipulated by the rules of the London Court of International Arbitration, and the awards judgments may be brought to any authorized court.
12. Waiver
12.1. The release of the obliged Party from the liability for nonperformance, inadequate execution any of the unrealizable obligation under the present Agreement, does not entail the release of this Party from the liability for nonperformance of its other obligations which have been not recognized by the Parties unrealizable on the Agreement. Failure or delay by either Party to enforce compliance with any term or condition of this Agreement shall not constitute a waiver of such term or condition.
13. Notices
13.1. All notices required or authorized hereunder shall be in writing and shall be delivered by any reasonable means, including by personal delivery, registered or certified mail, or facsimile to the address of the Party to which that notice is to be given, if deposited in the Royal Mail, certified or registered, postage prepaid, return receipt requested.
14. The essential elements and signatures of the Parties
IN WITNESS WHEREOF the undersigned have executed this Agreement as of the day and year first written above.
The present Agreement, as well as all supplements, changes and the appendices to the present Agreement signed by the means of facsimile communication, stand good in law.
EMPLOYEE COMPANY
Authorized Signature Authorized Signature
Joseph M. Gabriel, Director
Print Name and Title Print Name and Title
EXHIBIT A (Administrative Assistant)
Duties, Term of the Agreement and Compensation
1. DUTIES:
The primary goal of the Administrative Assistant / Sales Support Representative is to provide local customer support to our clients within United Kingdom. This includes providing convenient payment options and informing them of shipping and the terms of sale.
You will be assisting our clients within United Kingdom, the assistance to be provided will include: payment collections and customer service via email.
Your duties will include:
- Collecting Local Payments
When a buyer in the UK decides to purchase an item through an online auction from our sellers he has the following payment options: pay pal, international wire transfer, international check, local certified check or local wire transfer. The quickest option of these is local wire transferring. Local wire transfers and certified checks are the options that the sales support representative will provide to the clients.
- Managing Data
Along with the payments received from buyers you will be receiving details for these sales. These details will include items sold, price, and buyer's information. You are to file and maintain these purchasing records and transactions.
- Forwarding of the Payments
Once you receive each payment you will be keeping 5% as commission and forwarding the rest to the seller or representative, whose information will be provided prior each transaction. It is crucial to complete forwarding of the payments in a time efficient manner.
- Correspondence
You will be submitting brief reports, weekly reports, and monthly reports. Weekly and monthly reports are to be done in Excel format and are to summarize all transactions completed within the week, or month.
Here is an example of a brief report:
Date: May 8, '07
Buyer: Mona Evans
Item: Movado Watch
Price: 1,921.27 GBP
Commission 5%: 96 GBP
Fees: 75 GBP
Total Forwarded: 1750.27 GBP/2857.9 USD
Forwarded to: Diana Paulco, Stockholm, Sweden
Reference Numbers: 2438749827
- Fees, and Transferring Procedures
All fees are covered by the company. The fees for transferring are simply deducted from the payments received. No client will contact you during initial stage of the trial period. After three weeks of the trial period you will begin to have contact with the buyers via email in regards to collection of the payments. For the first three weeks you will simply receive all of the transferring details, and payments, along with step by step guidance from your supervisor. You will be forwarding the received payments through western union, money gram transferring agents, or by international wire transferring.
2. TERM OF THE AGREEMENT:
2.1. The present Agreement becomes effective from the moment of its signing by the Parties.
3. COMPENSATION:
3.1. During the trial period, you will be paid 1,800GBP per month while working on average 3 hours per day, Monday-Friday, plus 5% commission from every payment received and forwarded. The salary will be sent in the form of wire transfer directly to your account. After the trial period your base pay salary will go up to 2,900GBP per month, plus 5% commission.
3.2. The Company shall have the right to decrease the Employee’s commission in case the payment processing terms were violated by the Employee. In this case the Employee’s commission will be decreased at a rate of 1% per day.
3.3. In case of refusal from the part of the Employee to resend the money, accepted to his bank account, or delay of payment for the period exceeding 3 days without any explicit reason, the Company shall have the right to apply to the arbitration and claim for the reimburse of the amount transferred to his account or for compensation for other damage if any, evicted due to the delay.
4. EMPLOYEE INFORMATION FORM
Complete the Following Form
First and Last Name:_____________________________________________________________
Residential Phone Number:________________________________________________________
Mobile:________________________________________________________________________
Additional Phone Number: ________________________________________________________
Address:_______________________________________________________________________
Payments
In order to receive payments from clients and your salary please provide with account information:
Account Holder's Name:__________________________________________________________
Name of the bank:_______________________________________________________________
Branch:________________________________________________________________________
Branch’s Address:_______________________________________________________________
Account number:________________________________________________________________
Sort code:______________________________________________________________________
IBAN Code:____________________________________________________________________
Swift(optional):_________________________________________________________________
The Company will not reveal your details; and will only remit agreed funds to the account at the times and dates specified prior each transaction. The Employee will not attempt to use any of the Company funds - other than those that are deposited in relation to the employment as agreed remuneration, and commissions.
5. HOURS
Choose Preferred Working Hours (please write or type in X for the time you prefer). You should be able to check your email for instructions and should be ready complete instructions at chosen Time Shift every business day.
Part-Time:
SHIFT A: 9:00am-12:00pm
SHIFT B: 10:00am-1:00pm
SHIFT C: 11:00am-2:00pm
Full-Time:
SHIFT A: 9:00am-3:00pm
SHIFT B: 11:00am-5:00pm
6. signatures of the Parties:
EMPLOYEE COMPANY
Authorized Signature Authorized Signature
Joseph M. Gabriel, Director
Print Name and Title Print Name and Title
