This contractor agreement, dated November 30, 2017, is between ABC Company (the client) and Twin Brothers Construction (the Contractor), with a principal place of business at Twin Towers.
Services to Be Performed Contractor agrees to carry out the following services: Painting Exterior/Interior and Decorative Painting & Faux Finishes.
Payment Based on the services to be carried out by the contractor, the ABC Company agrees to pay the contractor within a reasonable time, after the submission of an invoice to the client.
The invoice will include summery of the work performed, the date covered and the invoice number.
Expenses The contractor will be accountable of all the expenditures incurred while execution services under this agreement. This include travel expenses, truck or automobile expenses, insurance premiums, repair costs, vehicle maintenance, fines, meals, cell phone expenses and any other compensations paid to employees the contractor hires under this contract.
The client shall compensate the contractor only for the expenses, which are directly attributed to the work performed under the agreement.
The contractor shall give a detail of itemized statement of expenses.
The client shall pay the contractor after a receipt of the statement in 30 days.
Equipment and Vehicles The contractor shall furnish all tools, equipment, vehicles and materials used to deliver services as required by the contract.
Independent Contractor Status The contractor shall be an independent contractor and neither contract employees nor personnel shall be deemed employees of the client.
The contractor and the client represents and agrees on the following:
The contractor has a right to carry out other services for other clients during the term of this contract.
The contractor shall determine the method, manner and means of work such as order of the work performed, days of work and starting and quitting time.
The contractor can hire subcontractors and use workers in providing the services required.
The contractor and his employees will not have to wear uniforms provided by the client.
The client and his employees will not be required to devote their time to providing the services as required by the client.
Business Certificates, Permits and Licenses The contractor shall ensure that his employees warrants, represents and comply with the local, state and federal laws requiring licenses, business permits and certificates.
Federal and State Taxes The client will not withhold the Social Security and Medicare taxes (FICA) from the payments of the contractor or make the v on the behalf of the contractor.
The client will not make federal or state unemployment compensation contributions on behalf of the contractor.
The client will not withhold the federal or state income tax from the payments of the contractor.
The contractor shall pay all taxes including income taxes, and self-employment taxes while caring out services under the contract.
Fringe Benefits The contractor should know that neither the contractor nor his employees can participate in employee sick pay, vacation pay, health, employee pension or any other fringe benefit plan of client.
Workers' Compensation The client shall not provide workers compensation insurance on contractors behalf. The contractor shall have the responsibility to cover his employees compensation insurance as required by law and provide them with a certificate of workers' compensation insurance.
Insurance The client shall not provide any insurance cover to the contractor, and his employees. The following insurance coverage will be maintained during the entire term of the contract:
Automobile liability insurance for each automobile and vehicle used during the performance of the contract.
Commercial or comprehensive general liability insurance such as personal injury, bodily injury cross-liability, contractual liability and property damage.
The contractor shall provide the client with the evidence of these insurance before the performance of the contract.
Indemnification The contractor shall hold and indemnify the client harmless for any liability or loss that arise during the performance of the agreement.
Terms of the Contract The contract will become effective when signed by both the client and the contractor and will be terminated when:
The day the contractor completes the services of the contract.. (Date).
The day the party terminates the contract (Date).
Notices All notices shall be in writing and delivered at respective addresses set forth by either the clients or the contractor addresses.
Contract Termination on Insolvency Either the contractor or the client can terminate the agreement after giving a written notice that includes any violation of the agreement.
Exclusive Agreement The agreement is only between client and contractor.
Modifying the Contract The contract will only be modified in writing signed by the contractor and the client. This means that only a written and signed contract will be enforceable to modify the contract.
Resolving Disputes In case of a dispute, the matter can be taken to court or the parties can first agree to solve the conflict outside court through mediation. If it proves impossible, an arbitrator can be consulted to solve the conflict.
Waiver The failure of the client or the contractor to insist on strict compliance with the terms and conditions of the contract shall not be considered waiver of such terms. Thus, the failure to enforce the term does not mean the client will not ever enforce the term.
Confidentiality The contractor must acknowledge that it is important for the client to disclose particular information to the contractor before caring out the duties of the agreement.
The contractor must acknowledge that any disclosure of any confidential information would harm the client.
The contractor will not disclose the clients confidential information after or during the terms of the contract or without permission unless it is important to carryout services on the behalf of the client.
No Partnership The relationship between the parties is of a contractor and a company hiring a contractor.
Nothing in the contract shall involve a partnership or joint venture.
The contractor shall not enter any agreement on behalf of the client.
Force Majeure Neither the client nor the contractor shall be responsible for the failure or delay in carrying out any part of the agreement. This can be in the form of failure or delay caused by war, flood, military authority, explosion, or any other act of God.
The affected party shall notify the other party in writing in ten days after the beginning of the cause affecting the performance.
Survival The parties shall consider that is the contract ends, the positions in it are no longer effective.
Assigns and Successors The agreement shall be binding to the parties and their respective heirs, successors, representatives and assigns.
The contract will only be binding if both the client and the contractor signs it.
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