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Quebec, Canada
Service Agreement
This Agreement is entered into on 27-05-2023
Between
HireEmployees.co a company incorporated under the Canada Business Corporations Act and having its registered office at 615 Saint-Michel, Sherbrooke, Qc, Canada, J1E 2L2 (hereinafter referred to as the "HE" which expression shall unless inconsistent with this Agreement include their respective successors and assigns) of the FIRST PART
And
Client Company, Address , Represented by Name Name (Hereinafter referred as “Client”), which means and includes its heirs, legal representatives, successors, assignees, and agents of the SECOND PART.
The Business Contact information for the Client is enlisted as Contact no And Email
Whereas, the Client wishes to engage the services of “HE” as per requirements as and will be communicated from time to time. “HE” has got agreed for the same.
Now, therefore, it is hereby agreed between the “HE” and the Client as herein under:
It has been agreed that “HE” will provide services of its Personnel(s)/Employee(s) working under the physical supervision of “HE”, who shall be working under the general guidance of the Client from the premises of “HE” using infrastructure, machinery and other resources provided by “HE”. “HE” will provide for legal and administrative responsibilities, (such as tax, payroll, insurance and labor laws) and administrative services and supplies necessary to support the project/ work.
It has been agreed that The Client will pay for services as detailed in the PRICING page and thereafter cannot renegotiate the Fee once paid.
“HE” shall provide services with respect to development as per the instructions and requirements of The Client and to provide the deliverables by the due dates as mutually agreed as (“Due Dates”). Any agreement for additional services shall be mutually agreed between the Parties and captured by way of separate Agreement.
It has been agreed that it is “HE” s duty to monitor the productivity, Performance and the activity of the Employee. “He” s responsibilities and thus liabilities include providing an Employee(s) for The Client, all the necessary physical supervision support, communication technology, office infrastructure and hardware, HR and accounts management and adhering to Employee labor law, to successfully facilitate the smooth working arrangement. It is the duty and responsibility of the “HE” to project manage the Employee.
Non-Solicitation: During the term of the Agreement and for a period of <no. of months> following the date of its termination, The Client agrees not to, directly or indirectly:
Solicit, induce or entice away from “HE” or any associated company; or Employ, engage or appoint or in any way cause to be employed, engaged or appointed in any manner (or have any other dealings with); any candidate presented to it by “HE” or any Employee/ workman of The Company who performs or has performed services for The Client whether or not such Employee would commit any breach of his or her contract or employment or engagement by leaving the service of HireEmployees or any associated company
The Client will not directly or indirectly enquire terms of employment, including salary issues between the Employee and “HE”.
Breach of this clause would entitle “HE” for damages, losses besides other reliefs.
Payment Terms, Bill Rates, and Fees:
First complete payment must be made before the start date of the service. Payments can be made online through the payment gateway, or a payment link as shared by THE Sales team.
Client will pay for its performance at the rate quoted in advance as “HE” is offering only prepaid service. “HE” will invoice Client for services provided under this Agreement on a monthly basis. Payment is due on receipt of invoice. If any portion of the invoice is disputed, Client will pay the undisputed portion.
“HE” reserves the right to stop provision of services contemplated under the aegis of this Agreement in the event there is any delay in the payment and The Client shall not hold “HE” responsible or liable for any losses or consequential losses incurred by the Client as a result of such eventuality.
Payment will be deemed to be delayed if it is not debited to the bank account of “HE” due to any reasons before the start of a new month i.e. the last working day of the month. If payment is not received before the Employee starts their next month of work, “HE” may suspend the service without any prior notice to The Client.
Total Monthly Fee as per the clause should be received as cleared funds in “HE’ s bank account. No service charge should be deducted from the Total Monthly Fee. Please note that No payment charges shall be applicable over and above the Invoice amount, if the payment is made via Credit/Debit card of VISA/MASTERCARD/any other than wire transfer mode.
If the payment is made via wire transfer/any other payment mode, then the service charges must accordingly be added in addition to the Total Monthly Fee while making the monthly/ any other payment. In case of termination of the contract, any refund payment HireEmployees will deduct refund wire/card payment charges from the refundable amount.
Chargeback Clause - The Client agrees that he/ she would not do any charge back as it would not be applicable with services of “HE”. The Client acknowledges that the “HE” does not sell a product but a service and if The Client has used services of “HE” for a certain period, then they simply cannot charge back. In case The Client is unhappy with the performance of the dedicated employee then new resource will be allocated upon discussion and on further note if still unsatisfied then “HE” will refund the unutilized or remaining amount.
Late Fee: For cases arising out of license requirements, the amount has to be paid within 10 days on receipt of the invoice else will bear interest penalty of 10% over the invoice amount from the date such amount was due.
For long term employment services, upon completion of 12 months of the Service Fee and Salary of the Employee(s)/Personnel(s) shall be revised as detailed in Service Details.
Termination
Either party may terminate this Agreement by serving the prior written notice to the other party unless otherwise stated in the Service Details.
(b) If The Client fails to pay before the first of every month, the contract will automatically get terminated/ suspended on the first payment due day.
(c) In the event The Client wishes to terminate the service, which may be due to any reason, the same should be communicated to “HE” as soon as possible via email sent to [email protected]
(d) Prior to expiration or termination of this Agreement, The Client shall pay to the Company all its due amount.
Confidential Information-
(A) The Parties shall not disclose the Confidential Information of the other party. It is clarified that information is not subject to the confidentiality provisions of this Agreement if it-
(i) is or becomes generally available to the public other than as a result of disclosure by the recipient.
(ii) was available to or already known by the recipient on a non- confidential basis prior to its disclosure;
(iii) is developed by the recipient independently of any information acquired from the other party;
(iv) becomes available to the recipient on a non-confidential basis from a third party, provided that the recipient has no reason to know that the third party is or may be bound by a confidentiality agreement with the other party; or is disclosed pursuant to a court order or the requirement of any governmental authority.
(B)That this clause is applicable only to officers, directors, Employees, and agents of the recipient dealing in the matter.
(C) If either party attempts to use or disclose any of the confidential information contrary to this Agreement, then the other party will be entitled for injunction, compensation and other reliefs.
(D)The provisions herein shall survive the termination of this Agreement.
(E) Any and all products, inventions, ideas, or original works of authorship (including, but not limited to, any software, middleware, or code) in whole or in part conceived or made by “HE” s Employees and that relating to services performed by them, shall belong exclusively to The Client and shall be deemed to be The Client's confidential information. All such works shall be deemed to be "works made for hire", and The Client shall be deemed to be the author of such work.
The Company will not be responsible for infringement of IPR by the employee. Neither party or its affiliates, subsidiaries or any of its parents or any of its parent’s affiliates or subsidiaries shall be liable for any delay, failure in performance, loss or damage arising out of or relating to any cause beyond such party’s reasonable control.
“HE” will attempt to offer flawless communication channels; however, The Client realizes that errors, omissions, system malfunctions, and/ or telecommunications service interruptions may occur from time to time that are beyond control of “HE”. If such errors, omissions, interruptions, or malfunctions shall occur, the parties agree that “HE” shall have no responsibility for, and is free from all kinds of loss, damage, or liability.
Equipment/ Supplies (software/ hardware) is being provided by “HE”.
Computer (Single Monitor)/ Laptop, Operating System - Windows/Linux, Open Office (for Microsoft Office Package a one-time setup fee is required). Open source software’s for communication, namely, Skype, Yahoo Messenger, etc. and other work-related software’s, Headsets, shared low volume use of Printer, Fax, Scanner, Telephone line for occasional outbound calls.
Facilities subject to availability, need to be pre-booked, and their use is at the “HE” s discretion:
Video conferencing facility - The Client can communicate with the Employee(s) face-to-face across a life-size screen and in 'real' time subjective to Time zones.
Video camera and video recording studio – The Employee(s) may create/ record videos related to The Client’s business process to share it with the client regarding the work process.
Following equipment is provided on request only and subject upon payment of additional charges: Printer, Fax, Scanner, Webcam, Telephone Line for high volume and regular use.
Dispute Resolution- Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, and all disputes arising, directly or indirectly to this contract, shall be dealt with and adjudicated in the Federal laws of canada.
General liability limitation- Except as expressly provided in this agreement, neither party shall be liable to the other party for any indirect, incidental or consequential damages (including without limitation, damages resulting from loss of use, loss of profits, interruption or loss of business, lost goodwill, lost revenue and lost opportunity) arising out of any of the terms or conditions of this agreement or with respect to its performance hereunder.
CLIENT LEAVE POLICY - FLEXI LEAVES
General Provisions & Guidelines for Leave
Purpose of this policy provides guidelines & framework to Hireemployees.co (hereinafter referred to as ‘HE’), its associated businesses & its ‘employees’; for submission, eligibility & consideration of ‘Leave’ related requests.
Intent of this official document is to promote values of Responsibility, Ownership & Respect that ‘HE’ demonstrates as an Open & Dynamic Culture.
I. DEFINITIONS (bound to updates with amendments in the Policy)
‘Employee’ means a person wholly or principally employed in, or in connection with, ‘HE’ &/or assigned clients by ‘HE’, whether working on permanent, periodical, contract, or piece-rate wages or commission basis even though he/she receives no reward for his/her labor, but does not include a member of the employer’s family. Moreover, a person who has been issued a written confirmation along with an appointment letter of employment from ‘HE’ &/or by associated businesses in agreement with ‘HE’.
’Hours of work’ or ‘working hours’ means the time during which an employee is at the disposal of the employer &/or assigned clientele exclusive of any agreed-upon &/or standard interval allowed for rest & meals.
‘Year’ in this scenario would stand for universal calendar year defined from 1 January 2022 to 31 December 2022, 1 January 2023 to 31 December 2023 etc.
‘Leave Without Pay’ & ‘Absence Without Pay’ & ‘Loss of Pay’ in this case will be used as interchangeable terms for leaves in situations when:
Leaves are taken without prior notice, intimation, or information.
All accumulated leaves stand exhausted; or
Other such cases which are compliant with laws & as per leadership decision(s).
All employees are eligible for the following leaves, which are to be considered as ‘Benefits/ Perks/ Earned Time Off’ rewarded by HireEmployees:
1. MANDATORY HOLIDAYS
Mandatory holidays that fall under ANNEXURE, are categorized as Company Holidays, where formal office work will not occur, we aim to have offices closed & shut on these days.
2. CASUAL LEAVE (CL)
Every employee shall, in each calendar year, be entitled to Six (6) days of casual leaves in a year, (considered as 0.5 days a month basis). Any employees joining at the middle of the month or year will be provided leaves on a pro-rata basis. Any unutilized CL standing to the credit of the employee at the end of any calendar year shall lapse & will not/cannot be carried forward to next year.
3. SICK LEAVE (SL)
Every employee shall be entitled to Six (6) days of sick leaves in a year. (Considered as 0.5 days a month basis). Any employees joining at the middle of the month or year will be provided leaves on a pro-rata basis. Any unutilized SL standing to the credit of the employee at the end of any calendar year shall lapse & will not/cannot be carried forward to next year.
4. EARNED LEAVE (EL)
Every employee who has been in employment for not less than twenty (60) days in a year with ‘HE’ shall be entitled to Six (6) days of earned leaves in a year. (Considered as 0.5 days a month basis). If an employee has a few Earned Leaves remaining at the end of the year, then any such leave shall be carried forward into the succeeding year. A total of 2 leaves maximum can be carried forward to the next year.
5. MATERNITY LEAVE (ML)
Maternity leave will be provided to women employees according to rules as may be prescribed by law of the state.
6. PATERNITY LEAVE (PL)
Paternity leave will be provided to male employees according to rules as may be prescribed by government authorities or instated by organization on a case-to-case basis.
Important to note guidelines
All leaves are to be considered separately by themselves, not as entitlement & leadership has the right to not approve any leave due to work reason(s) or other reasons as considered appropriate.
When an employee uses up/finishes any form of leave & if he/she requires leave, in most cases it will be considered as Leave Without Pay (LWP) or otherwise basis leadership discretion.
Organization is happy not to consider sandwich holidays as leave. For instance, staff may choose to take or seek approval for Casual leaves on October 01 & October 03 with National Holiday October 02 falling in between. As per this guideline, a holiday on October 02, 2022, will not be counted as additional leave (CL/SL/EL) or as LWP. Also, as an instance to elucidate this point further, Casual leaves from Monday to Friday with an employee joining back on the next Monday will be considered as 5 CLs only; sandwiched weekends or national holidays will not be considered as leave or added as leave.
GOVERNANCE
1. Standard work timings: As a part of this Flexibility Policy, standard work hours are for 8 hours on all workdays (Monday to Friday). This clause is a self-discipline rule of responsibility that everyone is expected to abide by.
2. Leave calculations are done on a calendar year basis; in this instance, from 1 January 2022 to 31 December 2022, 1 January 2023 to 31 December 2023.
3. Calculation of half-day leaves would be done as per the discretion of Line/Function Mentors & on a case-to-case basis.
4. Prior leave approvals:
Employees shall seek approvals at least seven (7) days prior for all planned leaves from their Line/Function Mentor.
In case of unplanned leaves, the same is required to be communicated within 12 hours of any such leave. - In case of Bonafide urgency, the employee must communicate the same through any reasonable means within reasonable time informing the management of their inability on medical grounds. It is management’s discretion to grant such leaves and also for the period of time thereof.
At any point in time, leaves applied for a period of 1 week or more (which may include Mandatory Holidays) would be approved on a case-to-case basis, in cognizance with current tasks/responsibilities in hand and reason for leave.
The Client cannot expect Employees assigned in a project to take the month of December off without pay if their offices are closed for Christmas. Indians continue to work during December and Christmas is just a day’s national holiday here.
Any adjustment to billing due to leaves availed by the Employee before the 20th of any given month shall be reflected in the subsequent month's invoice.
The Client cannot request the Employee to take any unpaid leaves as this amounts to unethical practices and is deemed as Assigned Employee exploitation. If the Client wishes to stop working with the Assigned Employee for a certain period of time and then restart at a later date with the same Assigned Employee, the accommodation of this request shall be purely at the discretion of “HE”.
5. As a standard protocol, all members will be held responsible for their tasks, incoming emails/urgent client projects/mandates & to-dos during granted leaves. In case of urgencies, being responsive, managing clear handoffs & handovers will also be considered as each employees’ responsibility.
6. Any policy abuse or violation of protocols identified, will lead to Disciplinary Action towards employees. Any failure to comply with notification/prior leave approval standards may be considered as Unpaid Leaves as per management discretion.
NOTE: Organization can modify this policy or act in any other legal or reasonable way as each case may demand with clear focus on enforcing discipline in a fair & lawful, compliant manner.
I hereby agree to all the Terms and Conditions as laid in this document.
as
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Our Remote Experts from India takes responsibility of your work and executes them as next morning job completion.
Indians are committed to their work and diligently handles it.
Indians are helpful and help everyone around because it is something that is deeply ingrained in the culture, beliefs, and morals.
Indians are emotional and a passionate lot. They get emotionally attached to the company, its people, place and likes to stick around a company longer than others.
The city’s culture enhances a personality over linguistic and artistic capabilities and hence people are more receptive towards art and modern culture. Not only being tech-savvy, but the city’s people also are Billboard Chart lovers too!
Because of population, competition comes to an Indian by default. Hence, the learned lot is always driven by their determination to succeed and do well in life. Since competition is practiced in their daily life, Indians are accustomed to give in their 100%.
From getting good grades in school to passing competitive examinations, Indians are taught the value of hard work and perseverance right from school days.
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