On-Demand Workforce Service Contract
This On-Demand Workforce Service Contract (“Contract”) is made and entered as per the service booking date by and between the online customer of 365workers.com from here on to be referred “Client”, having a principal place of business as per the information provided and entered by the client in 365workers.com portal and 365Workers, Inc. from here on to be referred to as "365WORKERS") having a principal place of business at 8181 Professional Pl, Suite 213, Hyattsville, MD 20785.
Client agrees to pay all the charges during the booking of the services or after completion of the services. Failure to pay in full any invoice immediately after the services shall constitute the default under this Agreement. Interest shall accrue at a rate of 1.5 % a month on the entire outstanding balance of any invoice under default from the original date of such invoice until paid in full. If the client fails to pay, when due, 365WORKERS for any services provided and invoiced under this Agreement, 365WORKERS shall also be entitled to recover reasonable attorney's fees, and costs and expenses of collection and/or litigation.
365WORKERS employees will be performing services at the location and address of the client mentioned during the booking of the services.
Client or an authorized representative of the client will be in direct supervision of each employee assigned by 365WORKERS and agrees to evaluate each employee's job performance and safety compliance. If, for any reason, work performed by any 365WORKERS employee is not satisfactory, please contact our office within 1 hour of the job starting time and the Client will not be charged for the services. Otherwise, 365WORKERS has a minimum billing charge for all employees as per the service booking request. Client shall be responsible for all training, supervision, and safety of the employees provided by 365WORKERS. Client shall be responsible for providing tools, equipment, safety harness, helmet, boots, accessories and supplies to the employees provided by 365WORKERS for the assigned work. Client agrees that all employees sent by 365WORKERS are not allowed to work on roofs, work on ladders taller than 7’, operate heavy machinery or drive vehicles. All employees sent to the client through 365WORKERS shall remain with the client through 365WORKERS' payroll and shall not be permitted to transfer, hire or assign to another temporary staffing agency or affiliate company for any reason while working with the said client or the buy out fee described below will apply.
Prior to commencement of this Contract, if the client is required, 365WORKERS will provide a certificate of insurance evidencing the existence of valid and enforceable insurance policies as follows:
- Commercial General Liability with limits of $1,000,000.00 per occurrence and $2,000,000.00 annual aggregate
- Workman’s compensation policy-statutory limits of protection
- 365WORKERS does not allow its employees to drive and/or operate equipment on the job and shall not be required to provide insurance for any vehicles or equipment used by employees provided to Client.
Client agrees not to hire or employ any employee, agent or subcontractor of 365WORKERS. Client acknowledges the considerable cost and expense incurred by 365WORKERS to advertise for, recruit, evaluate, do reference checks, and retain its employees. Accordingly, in consideration for the services provided by 365WORKERS, should Client hire any person introduced to Client through 365WORKERS, Client agrees to pay a finder’s fee of $2,500.00 to 365WORKERS to hire that specific employee. The $ 2,500.00 fee applies to every person who is registered with 365WORKERS, who is introduced to Client by 365WORKERS and subsequently hired by Client. This fee shall still apply even if the employee is hired after this Agreement is terminated. In addition to the $2,500.00 fee, Client also agrees to pay to 365WORKERS all of its attorney fees incurred to collect the said fee.