Contractors Premier Inc. Independent Contractor Agreement
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THIS SUBCONTRACTOR AGREEMENT (hereinafter "Agreement") is made as of the submission date of this electronic form (the “Effective Date”) by and between Contractors Premier Inc. and all subsidiaries thereof, jointly and severally (hereinafter “the Company”) with a principal place of business at 991 US Highway 22, Suite 200 Bridgewater, NJ 08807 and the person, AND the named entity in this submitted form with identifying information provided herein (hereinafter "the Contractor”)
IN CONSIDERATION OF: the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Company and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
1. The Company hereby agrees to engage the Contractor to provide the Company with the services specified broadly in
this form (the "Services"):
2. Services may refer to the recurring use of the Subcontractor’s labor and/ or provided services for more than one project, task, work order, or otherwise scope of work. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Company.
TERM OF AGREEMENT:
3. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until notice of termination is provided by either Party as provided in this Agreement.
PERFORMANCE:
4. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
CURRENCY
5. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).
COMPENSATION
6. The Company agrees to pay the Contractor based on mutual agreements made between the Contractor and the Company on an “as-discussed” basis and any such payments are solely based on mutually agreed upon WRITTEN and executed terms between the Contractor and the Company.
7. Invoices submitted by the Contractor to the Company are due NET-7 and shall be paid by check or ACH (direct deposit). ACH deposits shall be made to the account information provided by the Contractor unless specified by the Contractor no less than seven (7) days prior to payment. Checks will be mailed to the Contractor’s address as provided in this Agreement unless the Contractor notifies the Company of a change of address in writing.
8. In the event that this Agreement is terminated by either Party prior to completion of the Services, but where the Services have been partially performed, the Contractor will be entitled to pro rata payment of the Compensation to the date of termination provided that there has been no breach of contract on the part of the Contractor.
INSURANCES AND LIABILITY:
9. The Contractor expressly acknowledges and agrees that at their own expense obtain, maintain, and otherwise “carry” all necessary insurance(s) including, but not limited to general liability insurance of no less than $1M per occurrence and workers'
compensation insurance as required by law.
CONFIDENTIALITY
10. Confidential information (the "Confidential Information") refers to any data or information relating to the Company, its owners, officers, representatives, customers, clients, vendors, and otherwise associates whether business or personal, which would reasonably be considered to be private or proprietary to the Company and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Company or an individual
associated herein.
11. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Company or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
RETURN OF PROPERTY
12. Upon the expiration or termination of this Agreement, AND at any and all request made by the Company at any time, the Contractor will return to the Company any property, documentation, records, or Confidential Information which is the property of the Company.
NO EXCLUSIVITY
13. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
INDEMNIFICATION & WAIVERS:
14. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, the Contractor agrees to indemnify and hold harmless the Company, and its respective affiliates, officers, owners, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the Contractor, including but not limited to negligent, faulty, unsafe, abandoned, incomplete or otherwise
improper performance of any Services provided for the Company to any customer or client, public or private. This includes the Contractor’s respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
15. Except to the extent permitted by applicable law, the Contractor agrees to waive all rights of subrogation against the Company, its respective affiliates, officers, owners, agents, employees, and permitted successors AND THEIR INSURERS for any
act or omission of the Contractor, including but not limited to negligent, faulty, unsafe, abandoned, incomplete or otherwise improper performance of any Services provided for the Company to any customer or client, public or private.
16. Except to the extent permitted by applicable law, the Contractor agrees to waive all rights of subrogation against the Company, its respective affiliates, officers, owners, agents, employees, and permitted successors AND THEIR INSURERS for any
act or cause by the Contractor, pertaining to workers compensation claims made against the Contractor including but not limited the Contractor itself, its sub-contractors, respective affiliates, officers, owners, agents, employees, and permitted successors.
GENERAL CLAUSES
17. The Contractor agrees to represent the Company in professional, reputable manor when communicating with homeowners, customers, Companies, company employees/ representatives, vendors, other subcontractors, or otherwise the public. The Contractor agrees he or she will not engage in any illegal activity which violate local, state and/ or federal laws during the commencement of their duties as a contractor including, but not limited to hiring, employing, invoking or otherwise utilizing services from individuals not authorized to work in the United States.
18. The Contractor agrees to forfeit any and all pay owed to the Contractor in the event of any breach or this Agreement and for actions including, but not limited to fraud, dishonesty, criminal activity, gross negligence of workmanship, failure to communicate with the COMPANY beyond 3 working days during any active work orders, and any other action which may be deemed unscrupulous or improper by general standards, regardless of whether or not the action, event or behavior was directly related to the Service or relationship between the Contractor and the Company.
GOVERNING LAW
19. This Agreement will be governed by and construed in accordance with the laws of the State of New Jersey.
CONSENT TO ELECTRONIC SIGNATURE AND DATE INPUT
20. The Contractor and the Company expressly agree to and authorize the use of electronic signatures, data recording, or otherwise data which may hereto this Agreement, including but not limited to; date and time of signature, location by way of
electronic address (IP address), and signatures or seals herein. Both Parties expressly acknowledge and that the use of dates and times in electronic recording may be the dates and times governing any field of this Agreement left
as a “blank line”.
SIGNATURES
21. IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal, or by way of electronic or digital submission by a service to include, but not limited to DocuSign, PandaDoc, Adobe, Jotform, signNow, BoldSign, or Dropbox
Sign.