by fatima21
Mon May 30, 2011 8:13 pm
Ok, hope this helps someone, please comment.
INDEPENDENT CONTRACTOR AGREEMENT
BETWEEN: [YOUR NAME] (hereinafter called "Contractor"), an individual with his main address at:
[FULL ADDRESS]
AND: Forward With Confidence, LLC. (hereinafter called "Company"), a corporation organized and existing under the laws with its head office located at:
430 Park Avenue, New York, 10022, United States.
RECITALS
1. Independent Contractor. Subject to the terms and conditions of this Agreement, the Company hereby engages the Contractor as an independent contractor to perform the services set forth herein, and the Contractor hereby accepts such engagement.
2. Duties, Term, and Compensation. The Contractor’s duties, term of engagement, compensation and provisions for payment thereof shall be as set forth in the estimate previously provided to the Company by the Contractor and which is attached as Exhibit A, which may be amended in writing from time to time, or supplemented with subsequent estimates for services to be rendered by the Contractor and agreed to by the Company, and which collectively are hereby incorporated by reference.
3. Expenses. During the term of this Agreement, the Contractor shall bill and the Company shall reimburse [him or her] for all reasonable and approved out-of-pocket expenses which are incurred in connection with the performance of the duties hereunder. Notwithstanding the foregoing, expenses for the time spent by Contractor in traveling to and from Company facilities shall not be reimbursable.
4. Written Reports. The Company may request that project plans, progress reports and a final results report be provided by Contractor on a monthly basis. A 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. The results report shall be in such form and setting forth such information and data as is reasonably requested by the Company.
5. Inventions. Any and all inventions, discoveries, developments and innovations conceived by the Contractor during this engagement relative to the duties under this Agreement shall be the exclusive property of the Company; and the Contractor hereby assigns all right, title, and interest in the same to the Company. Any and all inventions, discoveries, developments and innovations conceived by the Contractor prior to the term of this Agreement and utilized by [him or her] 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 Contractor’s prior written approval by the Company to a wholly-owned subsidiary of the Company.
6. Confidentiality. The Contractor acknowledges that during the engagement [he or she] 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. The Contractor agrees that [he or she] will not disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement with the Company. 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 Contractor or otherwise coming into [his or her] possession, shall remain the exclusive property of the Company. The Contractor 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 Contractor shall immediately deliver to the Company all such files, records, documents, specifications, information, and other items in [his or her] possession or under [his or her] control. The Contractor further agrees that [he or she] will not disclose [his or her] retention as an independent contractor or the terms of this Agreement to any person without the prior written consent of the Company and shall at all times preserve the confidential nature of [his or her] relationship to the Company and of the services hereunder.
7. Conflicts of Interest; Non-hire Provision. The Contractor represents that [he or she] is free to enter into this Agreement, and that this engagement does not violate the terms of any agreement between the Contractor and any third party. Further, the Contractor, in rendering [his or her] duties shall not utilize any invention, discovery, development, improvement, innovation, or trade secret in which [he or she] does not have a proprietary interest. During the term of this agreement, the Contractor shall devote as much of [his or her] productive time, energy and abilities to the performance of [his or her] duties hereunder as is necessary to perform the required duties in a timely and productive manner. The Contractor is expressly free to perform services for other parties while performing services for the Company. For a period of six months following any termination, the Contractor shall not, directly or indirectly hire, solicit, or encourage to leave the Company’s employment, any Contractor, consultant, or contractor of the Company or hire any such Contractor, consultant, or contractor who has left the Company’s employment or contractual engagement within one year of such employment or engagement.
8. Right to Injunction. The parties hereto acknowledge that the services to be rendered by the Contractor under this Agreement and the rights and privileges granted to the Company under the Agreement are of a special, unique, unusual, and extraordinary character which gives them a peculiar value, the loss of which cannot be reasonably or adequately compensated by damages in any action at law, and the breach by the Contractor of any of the provisions of this Agreement will cause the Company irreparable injury and damage. The Contractor 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 Contractor. Resort to such equitable relief, however, 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 the them shall be exclusive of any other or of any right or remedy allowed by law.
9. Merger. This Agreement shall not be terminated by the merger or consolidation of the Company into or with any other entity.
10. Termination. The Company may terminate this Agreement at any time by 10 working days’ written notice to the Contractor. In addition, if the Contractor 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 Contractor immediately and without prior written notice to the Contractor.
11. Independent Contractor. This Agreement shall not render the Contractor an Contractor, partner, agent of, or joint venturer with the Company for any purpose. The Contractor is and will remain an independent contractor in [his or her] 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 Contractor benefits of any kind.
12. Insurance. The Contractor will carry liability insurance (including malpractice insurance, if warranted) relative to any service that [he or she] performs for the Company.
13. Successors and Assigns. All of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
14. Choice of Law. The laws of the United States shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto.
15. 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.
16. Waiver. Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.
17. Assignment. The Contractor shall not assign any of [his or her] rights under this Agreement, or delegate the performance of any of [his or her] duties hereunder, without the prior written consent of the Company.
18. Modification or Amendment. No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto.
19. Entire Understanding. This document and any exhibit attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
20. Unenforceability of Provisions. 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 in full force and effect.
The parties hereto agree that facsimile signatures shall be as effective as if originals.
THE CONTRACTOR:
By:
Signature Printed Name
Its FORWARDING AGENT______
Title or Position
THE COMPANY:
By: Richard A. Schell
Signature Printed Name
Its Director
Title or Position
EXHIBIT A
FORWARDING AGENT
DUTIES, TERM, AND COMPENSATION
Duties:
Company assigns Contractor to perform the following tasks:
1. Receive the parcels for our customer to your residential address.
2. Report to our manager about new package.
3. Repack received items following the instructions our manager will send to you.*
4. Receive prepaid shipping labels.
5. Fill the forms and papers according to our manager’s instructions (You will receive the e-mail with instructions for each package).
6. Send the package out using the specified shipping method.
* All the parcels pass the control in the International Package Center; we care about your security.
The Contractor will report directly to manager and to any other party designated by owner in connection with the performance of the duties under this Agreement and shall fulfill any other duties reasonably requested by the Company and agreed to by the Contractor.
Term:
The term of EXHIBIT A shall be a period of 3 months from the date it is signed. The Agreement may only be extended thereafter by mutual agreement, unless terminated earlier by operation of and in accordance with this Agreement.
Compensation:
1. Payment terms by Company to Contractor may be improved by mutual agreement of both parties. Any improvements made to this Contract should be acknowledged in writing by both parties before 30 days of the improvement.
2. Company agrees to pay Contractor for [his or her] services the amount of $2400 per month
3. Company pays for all expenses with delivery systems.
Signatures
THE CONTRACTOR:
By:
Signature Printed Name
Its FORWARDING AGENT_____
Title or Position
THE COMPANY:
By: Richard A. Schell
Signature Printed Name
Its Director
JOB DESCRIPTION
You can earn extra money with us! This is part-time job (flexible schedule).
Position: FORWARDING AGENT Salary: $ 2400/month via Paycheck, PayPal or Bank Transfer
(We cover all the postal expenses)
FWC company has been providing forwarding services for more than 12 years now. Our staffs are
experienced professionals who regularly get certificated and verified for competency. Over the years of
work FWC has delivered packages to a variety of places and gained a lot of major business partners all
around the world. We deliver cargoes of various types and sizes just as quick as none else does.
GENERAL
Receive goods for our customers in your area; assist in company’s financial business.
PRINCIPAL DUTY
Your job will consist of receiving and sending parcels, sorting, checking the contents and further shipping.
For this job you should remain at your house during post service working hours, at times you will have to
accept parcels, addressed to our clients, i.e. with their name on the label. Since it is sometimes difficult to
make a warrant, you would have to take the parcel directly from the postman, and not at the office.
REQUIRED SKILLS
1. Excellent communication and teambuilding skills
2. Excellent customer service, interpersonal, and communication skills
3. Good typing, data entry, and computer skills
4. Must be accessible by phone at all time
5. Must have home PC and internet connection
WORK PLAN
1. Receive the correspondence and goods for our customer to your residential address.
2. Report to our manager about new package.
3. Repack received items following the instructions our manager will send to you.*
4. Receive prepaid shipping labels.
5. Fill the forms and papers according to our manager’s instructions.
(You will receive the e-mail with instructions for each package).
6. Send the package out using the specified shipping method.
* All the parcels pass the control in the International Package Center; we care about your securityFrequently Asked Questions (FAQ)
Q: Can I apply for this job, if I’m already engaged in Full-Time work?
A: Yes, you can apply for this job. You will use only your address to receive packages. And then send
it in your free time.
Q: How long does it take to do a package?
A: About 1-2 hours daily
Q: How will I get information about the time of delivery of packages?
A: We will send you information about packages and track number. So, you can always get all the
information by the phone or on site.
Q: How do I take the packages if I am not at home?
A: You can ask someone to get the package at home, or leave a note for the delivery of a request to
give a package to your neighbour.
Q: What should I do if the package is not addressed to me?
A: Sometimes shops send packages addressed to our manager. Then you need to get the package at
home or leave a note for the delivery of a request to give a package to your neighbour. Sign this note as
manager's name. You will be warned in advance if the package sent to another name.
Q: What should I do if no one took the package and the package was returned to the
office?
A: Call the office and ask them to deliver again. Or come to the office and show the document with
your address and get the package.
Q: What should I do after receiving the package?
A: You will receive a prepaid label and instructions how to send this package. Or we will send you
money for sending package.
Q: How many packages will I receive per month?
A: From 30 to 60.
Q: How will I be paid?
A: Every month you will receive a salary by PayPal or Bank Transfer.
Q: When would I get paid and how often?
A: Monthly.
Q: Are there certain types of items that are inspected?
A: No. But most often it is electronics. (Laptops, cameras, etc.)
Q: The pay is for SENT package is that packages sent to me or what I send to customers?
A: That you sent to customers and managers.
Q: Is there an investment of any kind on my part?
A: NO
Q: Are taxes taken out of pay?
A: No
Q: There is not a contract, membership or money that I have to pay to do this, right?
A: Right. It's completely FREE for you.
Q: Are there any computer software requirements?
A: MS Office, Acrobat Reader
Q: Could you explain the "additional duties" of assisting with company financial business?
A: Everyone must work together as a team toward constant improvement, in order to foresee and
solve problems.
Q: Does the job begin following the 2 day process of registering?
A: Yes. But you'll wait about 3-4 days for your first parcel.
Q: Is there a face-to-face or phone interview or contact at any time?
A: We have a lot of employees over the world. So, we prefer phone and email.
Q: How soon could I start?
A: After you'll sign agreement with us.
Do you have any questions? Contact usThank you for your submission.
We received your resume and we appreciate your interest in working with us.
I'm pleased to inform you that your skills completely meet our requirements for this position.
TWO EASY STEPS TO START:
1) Please see the "Job Description" file for more details about this position. If you have any questions – just email me.
2) Fill out "Application Form" and send it back to me.
Note: Just save the file to your PC. Open it in Acrobat Reader. Print the form.
Sign it, then scan the pages and send us using your email.
PS: Please visit our website for additional information about our company and services: fwc-online.com
I will do my best to help you in any way I can.
---
William Birdsall,
Forward With Confidence, LLC.
Tel: +1 718 404-9487
