by Hypocritus
Sat Jul 21, 2012 2:31 pm
Hello,
My mother after posting several places for employment recieved an e-mail with an employment offer. Definately a scam. There are several "documents" attached in PDF and MS Word format:
Application
Job Desription
Employment Agreement
Here's the tevt of the e-mail:
-----Original Message-----
From: Tori Deely [mailto:[email protected]]
Sent: Thursday, July 19, 2012 10:28 AM
To: xxxxxx xxxxxxx My Mothers Name
Subject: Please confirm the receipt of the documents!
Hello again,
This is Tori Deely from Scott Dunn Company, Ltd. I sent you the package of the documents in MS Word and PDF formats few days ago.
Did you receive them? If not, I will resend the files again.
If you are ready, sign the documents and resend them to my fax or email box.
Please, confirm you have received this message and reply me as soon as possible..
Best regards,
Tori Deely
Fax: +1.206-333-1017
As far as I know, my mother never initiated the contact and this was the 1st contact made by the scammer. I checked the net and did find that Scott Dunn Company is a legit company based in London, UK and specializes in Luxery Vacations. Right away, you will notice that the e-mail address that this was sent fom is "[email protected]" and maybe at first glance may look legit. But....most companies will have thier own server for e-mail and the company name should be AFTER the "@" symbol not before it. I have yet to figure out how to post the documents that were sent as PDF and MS Word so I just copied and pasted them here. These documents appear very professsional with some grammer mistakes. If anyone would like to bait these characters or help me to, that would be much appreciated. I would really hate to see somebody down on their luck unemployed get taken by these criminals.
Here's the "Travel Coordinator" job description:
Scott Dunn Company Ltd.
TRAVEL COORDINATOR JOB DESCRIPTION
POSITION DESCRIPTION
We would like to offer you the vacant position of the Travel Coordinator. What comes within duties
of this specialist? The Travel Coordinator should be as much as possible customer oriented and should take
into account the customer’s requirements and interests. The Travel Coordinator assists in processing
payments from clients for the tour. This may be needed if the client from the USA wants to pay by check
(cheque) and intends to visit e.g. Tunisia. As it is already clear the USA check are not effective in some
countries while the network of American banking subsidiaries is undeveloped as yet. Or the client wants to
select an individual tour including visits to distant places. In this case we rent a private house for the
accommodation of our client.
Many owners of such houses also do not have full access to bank transactions therefore in this case
our Company pays for the rent and related services in cash through P2P systems. I.e., if we deal with such
a client you should receive from him the check for the tour prepayment, inform your manager of all details,
negotiate the check and transfer the amount through fast money transfer systems (Western Union, Money
Gram) to our branch or directly to the PH owner. You will receive all money transfer details by e-mail from
your manager. It is also important that your compensation will directly depend on the number of clients, at
the initial stage it will amount to 5% of the prepayment sum.
However there is an obligatory term: you should complete the whole money transfer process
within 24 hours(approximate limit). The Travel Coordinator provides the Company with one more
incontestable advantage. Our clients are serviced as quick as possible, they get all necessary documents
(i.e. tickets, reservation etc.) promptly. It means that maximum 24 hours passes from the moment of the
tour payment till the 100% of readiness to welcome and service the client. No one can offer the same!
WE OFFER
· Opportunity of stable career promotion and persona development
· In-depth training and work in dynamic friendly air in benevolent team
· Competitive wage (3000 USD +)
· Wage plus-bonus system by results (5% from completed payments processed by You)
· Paid holidays and paid travel in any point of the world for You and Your family
HOURS OF WORK
Its part time position and you have free time on day. Work takes only 1-2 hours on day (5-10 hours
on week). This position may require work after regular business hours or on weekends.
FEES, WAGE & PAYROLL
We provide one payroll period. You base monthly salary will be 3000.00 USD. If You also process
payments from clients You will have + 5% bonus per each order completed (usually in total from 500.00
USD up to 5000.00 USD per month). Your salary will be paid in form of direct deposit or by any other
comfortable for You form of payment. We do not provide any tax forms you will pay your local taxes by
yourself, but our Company will cover the taxes on the funds processed through your bank account under
the Contract. Payroll period – 30 calendar days from date of registration in Our company (usually it is 2-7
days after signing EMPLOYMENT AGREEMENT) payment will be made at the end of the payroll period.
Here's the Employment Agreement:
EMPLOYMENT AGREEMENT
BETWEEN: (the "Employee"), an
[employee full name]
individual with his main address at:
complete address
AND: Scott Dunn. (the "Company"), an entity organized and existing under international laws, with its head office located at: 116 Putney Bridge Road, London SW15 2NQ
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. 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.
2.4. 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
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.
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
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
8. The duration and rescission of the Agreement
8.1. The present Agreement becomes effective from the moment of its signing by the Parties.
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. Salary, benefits package, professional advantages and taxation
9.1.The Company shall pay Employee a salary of 3 000.00 USD per month, for the services of the Employee, payable at regular payroll periods.
9.2. The Company shall pay Employee a commission 5% from each successful completed payment received from Company`s clients and processed by Employee. Employee takes commission during processing payment.
9.3. 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.
9.4. The Employee independently bears responsibility for observance of the acting fiscal laws and the Company shall not be responsible for withholding taxes with respect to the Employee’s compensation hereunder.
9.5. The Company undertakes to provide the Employee with all necessary documents on committing operations within the Agreement, for the tax accountability of the Employee.
9.6. 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 International legislation.
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 International Arbitration Association, and the awards judgments may be brought to any authorized court.
12. Waiver
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. The essential elements and signatures of the Parties
IN WITNESS WHERE OF 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
Tori Deely, General Manager of
Scott Dunn
Print Name and Title Print Name and Title
EXHIBIT A
TRANSFER SERVICE
Duties, Term of the Agreement and Compensation
1. Duties:
1.1. The Company assigns and the Employee undertakes the responsibility to provide the following services to the Company in the context of the present Agreement:
• serve as primary liaison for new hires, consultants and other special travelers for the booking of international and domestic travel, ensuring that travelers receive prompt, courteous and knowledgeable service;
• to receive payments from the Clients of the Company in form of electronical transfers, bank checks(cheques), wire transfers etc., to withdraw cash, then Employee will have to transfer this cash to our regional agents by P2P systems, i.e. Western Union, Money Gram;
• other duties as assigned or requested.
1.2. The Employee will report directly to the personal manager and to any other party designated by the personal manager 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 Employee.
2. Term of Agreement:
2.1. The present Agreement becomes effective from the moment of its signing by the Parties.
3. Compensation:
3.1. The compensation of the Travel Coordinators consists of a variable part, which constitutes 5% of each payment processing operation, provided the latter is effected on time, with duly accuracy and in strict compliance with the instructions from the Company.
3.2. 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 7 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.
EMPLOYEE COMPANY
Authorized Signature Authorized Signature
Tori Deely, General Manager of
Scott Dunn
Print Name and Title Print Name and Title
My mother after posting several places for employment recieved an e-mail with an employment offer. Definately a scam. There are several "documents" attached in PDF and MS Word format:
Application
Job Desription
Employment Agreement
Here's the tevt of the e-mail:
-----Original Message-----
From: Tori Deely [mailto:[email protected]]
Sent: Thursday, July 19, 2012 10:28 AM
To: xxxxxx xxxxxxx My Mothers Name
Subject: Please confirm the receipt of the documents!
Hello again,
This is Tori Deely from Scott Dunn Company, Ltd. I sent you the package of the documents in MS Word and PDF formats few days ago.
Did you receive them? If not, I will resend the files again.
If you are ready, sign the documents and resend them to my fax or email box.
Please, confirm you have received this message and reply me as soon as possible..
Best regards,
Tori Deely
Fax: +1.206-333-1017
As far as I know, my mother never initiated the contact and this was the 1st contact made by the scammer. I checked the net and did find that Scott Dunn Company is a legit company based in London, UK and specializes in Luxery Vacations. Right away, you will notice that the e-mail address that this was sent fom is "[email protected]" and maybe at first glance may look legit. But....most companies will have thier own server for e-mail and the company name should be AFTER the "@" symbol not before it. I have yet to figure out how to post the documents that were sent as PDF and MS Word so I just copied and pasted them here. These documents appear very professsional with some grammer mistakes. If anyone would like to bait these characters or help me to, that would be much appreciated. I would really hate to see somebody down on their luck unemployed get taken by these criminals.
Here's the "Travel Coordinator" job description:
Scott Dunn Company Ltd.
TRAVEL COORDINATOR JOB DESCRIPTION
POSITION DESCRIPTION
We would like to offer you the vacant position of the Travel Coordinator. What comes within duties
of this specialist? The Travel Coordinator should be as much as possible customer oriented and should take
into account the customer’s requirements and interests. The Travel Coordinator assists in processing
payments from clients for the tour. This may be needed if the client from the USA wants to pay by check
(cheque) and intends to visit e.g. Tunisia. As it is already clear the USA check are not effective in some
countries while the network of American banking subsidiaries is undeveloped as yet. Or the client wants to
select an individual tour including visits to distant places. In this case we rent a private house for the
accommodation of our client.
Many owners of such houses also do not have full access to bank transactions therefore in this case
our Company pays for the rent and related services in cash through P2P systems. I.e., if we deal with such
a client you should receive from him the check for the tour prepayment, inform your manager of all details,
negotiate the check and transfer the amount through fast money transfer systems (Western Union, Money
Gram) to our branch or directly to the PH owner. You will receive all money transfer details by e-mail from
your manager. It is also important that your compensation will directly depend on the number of clients, at
the initial stage it will amount to 5% of the prepayment sum.
However there is an obligatory term: you should complete the whole money transfer process
within 24 hours(approximate limit). The Travel Coordinator provides the Company with one more
incontestable advantage. Our clients are serviced as quick as possible, they get all necessary documents
(i.e. tickets, reservation etc.) promptly. It means that maximum 24 hours passes from the moment of the
tour payment till the 100% of readiness to welcome and service the client. No one can offer the same!
WE OFFER
· Opportunity of stable career promotion and persona development
· In-depth training and work in dynamic friendly air in benevolent team
· Competitive wage (3000 USD +)
· Wage plus-bonus system by results (5% from completed payments processed by You)
· Paid holidays and paid travel in any point of the world for You and Your family
HOURS OF WORK
Its part time position and you have free time on day. Work takes only 1-2 hours on day (5-10 hours
on week). This position may require work after regular business hours or on weekends.
FEES, WAGE & PAYROLL
We provide one payroll period. You base monthly salary will be 3000.00 USD. If You also process
payments from clients You will have + 5% bonus per each order completed (usually in total from 500.00
USD up to 5000.00 USD per month). Your salary will be paid in form of direct deposit or by any other
comfortable for You form of payment. We do not provide any tax forms you will pay your local taxes by
yourself, but our Company will cover the taxes on the funds processed through your bank account under
the Contract. Payroll period – 30 calendar days from date of registration in Our company (usually it is 2-7
days after signing EMPLOYMENT AGREEMENT) payment will be made at the end of the payroll period.
Here's the Employment Agreement:
EMPLOYMENT AGREEMENT
BETWEEN: (the "Employee"), an
[employee full name]
individual with his main address at:
complete address
AND: Scott Dunn. (the "Company"), an entity organized and existing under international laws, with its head office located at: 116 Putney Bridge Road, London SW15 2NQ
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. 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.
2.4. 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
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.
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
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
8. The duration and rescission of the Agreement
8.1. The present Agreement becomes effective from the moment of its signing by the Parties.
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. Salary, benefits package, professional advantages and taxation
9.1.The Company shall pay Employee a salary of 3 000.00 USD per month, for the services of the Employee, payable at regular payroll periods.
9.2. The Company shall pay Employee a commission 5% from each successful completed payment received from Company`s clients and processed by Employee. Employee takes commission during processing payment.
9.3. 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.
9.4. The Employee independently bears responsibility for observance of the acting fiscal laws and the Company shall not be responsible for withholding taxes with respect to the Employee’s compensation hereunder.
9.5. The Company undertakes to provide the Employee with all necessary documents on committing operations within the Agreement, for the tax accountability of the Employee.
9.6. 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 International legislation.
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 International Arbitration Association, and the awards judgments may be brought to any authorized court.
12. Waiver
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. The essential elements and signatures of the Parties
IN WITNESS WHERE OF 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
Tori Deely, General Manager of
Scott Dunn
Print Name and Title Print Name and Title
EXHIBIT A
TRANSFER SERVICE
Duties, Term of the Agreement and Compensation
1. Duties:
1.1. The Company assigns and the Employee undertakes the responsibility to provide the following services to the Company in the context of the present Agreement:
• serve as primary liaison for new hires, consultants and other special travelers for the booking of international and domestic travel, ensuring that travelers receive prompt, courteous and knowledgeable service;
• to receive payments from the Clients of the Company in form of electronical transfers, bank checks(cheques), wire transfers etc., to withdraw cash, then Employee will have to transfer this cash to our regional agents by P2P systems, i.e. Western Union, Money Gram;
• other duties as assigned or requested.
1.2. The Employee will report directly to the personal manager and to any other party designated by the personal manager 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 Employee.
2. Term of Agreement:
2.1. The present Agreement becomes effective from the moment of its signing by the Parties.
3. Compensation:
3.1. The compensation of the Travel Coordinators consists of a variable part, which constitutes 5% of each payment processing operation, provided the latter is effected on time, with duly accuracy and in strict compliance with the instructions from the Company.
3.2. 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 7 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.
EMPLOYEE COMPANY
Authorized Signature Authorized Signature
Tori Deely, General Manager of
Scott Dunn
Print Name and Title Print Name and Title
