Independent Contractor Agreement
This Independent Contractor Agreement (“Agreement”) is made and entered into by the undersigned parties:
Kleenerly LLC. (known as the “Company”), and the “Contractor”.
In consideration of the promises, rights and obligations set forth below, the parties hereby agree as follows:
ARTICLE 1 - TERM
1.1. The term of this Agreement shall begin on the “date of signing” (date on which the Onboarding Form was filled out and when Contractor agrees to these terms) and continue until a new contract work Agreement is signed by both parties or if the Agreement is terminated by either party.
ARTICLE 2 - SERVICES
2.1. The Company shall work with the Contractor, and the Contractor shall serve the Company on the terms and conditions hereinafter set out. In such position, the Contractor shall perform or fulfill such duties and responsibilities as the Company may designate.
ARTICLE 3 - PERFORMANCE OF DUTIES
3.1. The Contractor shall serve the Company faithfully, honestly, diligently and to the best of the Contractor’s ability. The Contractor shall work in a part or full-time capacity and devote his full working time and attention to the Contractor’s work hereunder. The Contractor shall use the Contractor’s best efforts to promote the interests of the Company.
3.2. The Contractor is fully aware of the nature of the business, and such understands that there will not be a fixed schedule. Schedules will reflects business needs at the time of planning.
3.3. The Contractor is responsible for cleaning all facets of apartments adhering to strict standard of quality as explained by the company and as described in document 10-11: “Statement of Work - HK Contractor”.
ARTICLE 4 - COMPENSATION
4.1. The Company shall pay the Contractor based on a fixed-rate per task completed or based on an hourly rate.
4.2. All rates shall be verbally agreed upon between the Contractor and Company prior to signing the contract.
4.3. There will be no federal withholding or benefits.
ARTICLE 5 - NO CONFLICTING OBLIGATIONS
5.1. The Contractor represents and warrants that none of the negotiation, entering into or performance of this Agreement has resulted in or may result in a breach by the Contractor of any agreement, duty or other obligation with or to any person, including, without limitation, any agreement, duty or obligation not to compete with any person or to keep confidential the confidential information of any person, and there exists no agreement, duty or other obligation binding upon the Contractor that conflicts with the Contractor’s obligations under this Agreement.
ARTICLE 6 - CONFIDENTIALITY OBLIGATIONS
6.1. The Contractor shall not during his contract work or at any time thereafter divulge, publish or otherwise reveal either directly or indirectly or through any person, firm or company confidential information of the Company, its subsidiaries or affiliates to any person or persons and shall not without the prior written consent of the Company either during his contract work or at any time thereafter use for his own purpose or any purpose other than those of the Company any information he may acquire in relation to the business and affairs of the Company. The Contractor agrees, during his contract work and at all times thereafter to keep confidential all information and material provided to him by the Company, excepting only such information as is already known to the public, and including any such information and material relating to any customer, vendor or other party transacting business with the Company, and not to release, use or disclose the same except with the prior written permission of the Company. The within understanding shall survive the termination or cancellation of this Agreement, even if occasioned by the Company’s breach or wrongful termination. Each of the Contractor and the Company agree to keep the financial terms of this Agreement confidential, except to the extent as may be required for compliance with applicable regulatory and securities rules, regulations and laws.
6.2. “Confidential Information” means information about the Company and its Customers, Customer Prospects, Guests, and/or Vendors that is not generally known outside of the Company, which you will learn of in connection with the contract work with the Company. This includes property owners/ managers, tenants and/or tenant representatives, and friends and/or associates for property owners/ managers, tenants, prospective tenants and/or tenant representatives and/or prospective tenant representatives.
6.3. Confidential Information may include, without limitation:
6.3.1. The terms of this Agreement, except as necessary to inform a subsequent employer of the restrictive covenants contained herein and/or your attorney, spouse, or professional tax advisor only on the condition that any subsequent disclosure by any such person shall be considered a disclosure by you and a violation of this Agreement;
6.3.2. The Company’s business policies, finances, and business plans;
6.3.3. The Company’s financial projections, including but not limited to, annual sales forecasts and targets and any computation(s) of the market share of Customers and/or Customer Prospects (whether Property Owners/ Managers, Guests OR Tenants);
6.3.4. Sales information relating to the Company’s product or service roll-outs;
6.3.5. Customized software, marketing tools, and/or supplies that you will be provided access to by the Company and/or will create;
6.3.6. The identity of the Company’s Customers/ Clients, Customer Prospects, Source of Customers or Customer Prospects, Guests and/or Vendors (including names, addresses, and telephone numbers of Customers, Customer Prospects, Guests and/or Vendors);
6.3.7. Any list(s) of the Company’s Customers, Customer Prospects, Guests and/or Vendors;
6.3.8. The account terms and pricing upon which the Company obtains products and services from its Vendors;
6.3.9. The account terms and pricing of sales contracts between the Company and its Customers;
6.3.10. The proposed account terms and pricing of sales contracts between the Company and its Customer Prospects;
6.3.11. The names and addresses of the Company’s Contract Employees and other business contacts of the Company; and,
6.3.12. The techniques, methods, and strategies by which the Company develops, manufactures, markets, distributes, and/or sells any products or services.
ARTICLE 7 - POLICIES OF THE COMPANY
7.1. The Contractor agrees to abide by the policies and procedures and rules and regulations of the Company that may be in effect from time to time.
ARTICLE 8 - TERMINATION
8.1. Termination by Contractor
8.1.1. The Contractor may terminate his contract work upon providing the Company with 2 weeks’ notice, in which case the Company will provide the Contractor with any outstanding compensation calculated to and as of the last day of the Contractor’s contract work.
8.1.2. Following the last day of the Contractor’s contract work, the Contractor shall be entitled to no further rights or benefits hereunder or in connection with his contract work by the Company. This provision shall remain in full force and effect unamended notwithstanding any other alterations to the Contractor’s terms and conditions of contract work or to this Agreement, whether fundamental or otherwise, unless the Contractor and the Company otherwise agree in writing.
8.2. Termination by Company for a Serious Reason
8.2.1. The Contractor’s contract work may be terminated by the Company without prior notice and without payment or further obligation to the Contractor for a serious reason. In the event that the Contractor’s contract work is terminated for a serious reason, the Company will provide the Contractor with any outstanding Basic Salary calculated as of the day the Contractor’s contract work is terminated for a serious reason. Following the day the Contractor’s contract work is terminated for a serious reason, the Contractor shall be entitled to no further rights or benefits hereunder or in connection with his contract work by the Company. This provision shall remain in full force and effect unamended notwithstanding any other alterations to the Contractor’s terms and conditions of contract work or to this Agreement, whether fundamental or otherwise, unless the Contractor and the Company otherwise agree in writing.
8.2.2. For the purposes hereof, serious reason shall include the willful misconduct of the Contractor, willful or gross neglect of his duties and responsibilities, theft, fraud or any other act of dishonesty, material unethical business conduct or any crime involving the Company or its Contractors, violation of any terms of this agreement, as well work that is substandard, or missed deadlines.
8.3. Termination by Company without a Serious Reason
8.3.1. Notwithstanding the terms of this agreement, the Contractor’s contract work may be terminated by the Company at any time for any reason other than for a serious reason, in which case the Company will:
8.3.1.1. provide the Contractor with any outstanding Basic Pay calculated as of the date of termination, being the last day worked by the Contractor.
8.3.2. When this contract work Contract is so terminated, the Contractor shall receive a termination notice of two weeks.
8.4. Probationary Period
8.4.1. The Contractor agrees to a probationary period of two months following the signing date, whereupon the Contractor’s work will be reviewed and in such a case that the Employer deems the work unsatisfactory, the Employer reserves the right to terminate the contract.
ARTICLE 9 - ENTIRE AGREEMENT
9.1. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter of this Agreement. This Agreement supersedes and replaces all prior agreements, if any, written or oral, with respect to the Contractor’s contract work by the Company and any rights which the Contractor may have by reason or any such prior agreement. There are no warranties, conditions or representations (including any that may be implied by statute) and there are no agreements between the parties in connection with the subject matter of this Agreement except as specifically set forth or referred to in this Agreement. No reliance is placed on any warranty, representation, opinion, advice or assertion of fact. Accordingly, there shall be no liability assessed in relation to any such representation, opinion, advice or assertion of fact, except to the extent contemplated above.
ARTICLE 10 - GOVERNING LAW AND PRINCIPLES OF CONSTRUCTION
10.1. This Agreement shall be governed and construed in the judicial district of Atlanta and in accordance with the laws of the State of Georgia. If any provision in this Agreement is declared illegal or unenforceable, the provision will become void, leaving the remainder of this Agreement in full force and effect.
ARTICLE 11 - GENERAL
11.1. All terms and words used in this Agreement, regardless of the number and gender in which they are used shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine or feminine or neuter as the context or sense of this Agreement or any paragraph or clause herein may require, the same as if such words had been fully and properly written in the appropriate number and gender.
11.2. The Contractor confirms that it has been recommended to the Contractor that the Contractor consult a solicitor and obtain independent legal advice prior to the execution of this contract. The Contractor confirms that he or she has signed this Agreement voluntarily and with full understanding of the nature and consequences of the Agreement.
ARTICLE 12 - LANGUAGE CLAUSE
12.1. The parties have requested that this Agreement and all related documents be drawn in the english language.
ARTICLE 13 - LIABILITY RELEASE WAIVER
13.1. The Contractor understands that he is an independent contractor who has agreed to provide services for Company. The Contractor agrees that he is not an employee of Company and that he is not insured under the Company’s Workers’ Compensation Policy. Therefore, any injuries Contractor may incur during the performance of his work as an independent contractor are not covered by workers’ compensation insurance. In the event of an injury requiring medical care, Contractor, or his personal health insurance, will be responsible for payment of all medical costs. Contractor further understand that he is not covered by Company’s liability insurance. With full comprehension of the potential consequences of this decision, Contractor hereby assumes all risk of injury to himself and his property which he may suffer as a result of his service as an Independent Contractor at Company. On behalf of himself as well as his heirs, administrators, executors, and assigns, he hereby releases and forever discharges the State of Georgia, and the Company, as well as its trustees, officers, agents,
and employees, from any and all claims, demands, and causes of action, of whatever kind or nature, either in law or in equity, arising from, or in any way connected with, injuries sustained by him or damages caused by him, in connection with his service as an Independent Contractor performing services for Company. Contractor hereby acknowledges that he has carefully read this Liability Release clause, understands the contents thereof, and is executing it voluntarily of his own free will.
13.2. As consideration for gaining access to the job site (Company’s client’s properties, including vacation rentals, condos, apartments, residential homes, etc.), the Contractor does hereby release and forever discharge, and agrees to defend, indemnify and hold harmless Company from and against any and all loss, damage, expense, liability, claim, injury, settlement, judgment, award, fine, penalty, charge or demand of any nature (hereinafter collectively referred to as “Claim”), either in law or in equity, which arises or may hereafter arise from Contractor’s activity on or around the job site, including any Claim which arises or may hereafter arise from the Contractor’s ingress and egress in and to the job site, whether by roadway or otherwise.
13.3. Contractor is solely responsible and has full liability for damages of any kind at the job site or to the Company’s client’s properties (vacation rentals, condos, apartments, residential homes).
ARTICLE 14 - TERMS OF PROPERTY USE
14.1. Use of Property. From time to time, the Company may allow the Contractor to rent, borrow, take home, or use company property. Such company property may include but is not limited to: any electronic devices, chargers, items that guests left behind (guest property), items that are property of Company’s clients, linen, supplies, appliances, keys, fobs, transponders, cleaning products/items/supplies and all other equipment, material, supplies or items of which Company is the owner.
14.1.1. The Contractor agrees to treat all company property with respect and care, that all property is owned by the Company unless ownership is transferred in writing, and that the Contractor must immediately return all company property whenever asked by the Company. Upon termination of the Agreement for any and all reasons, the Contractor must promptly return any and all materials and company property to the Company within five (5) days.
14.1.2. The Contractor is not to use, take, remove, or borrow company property without permission from a supervisor. The Contractor agrees that the loss, damage, or modification of and all company property in any and all ways will be deducted from the Contractor’s Basic Salary, and the Contractor may be subject to further fines, penalties, or employment sanctions from the Company.
ARTICLE 15 - LATE PENALTY
15.1. The contractor agrees to a $10 late fee charge for being more than 30 minutes late. Further every 30 minute delay will result in additional $10 fees. These fees will be retracted from weekly/ bi-weekly pay.
ARTICLE 16 - 100% CLEAN AND GUEST-READY GUARANTEE
16.1. In the case of a guest not being 100% satisfied with the cleaning and providing us with evidence that there was indeed an area that was not cleaned properly or missed entirely, the contractor agrees to come back to the rental to clean the missed area free of charge. If going back to the property to complete the job is not possible for a viable reason, then Contractor agrees to receive a reduced rate for this particular cleaning, that was not 100% clean and guest-ready.
ARTICLE 17 - QUALITY CHECK AND BAD PERFORMANCE FEE
17.1. The Contractor understands that every single job (turnover cleaning, deep cleaning, mid-stay cleaning, touch-up cleaning, etc.) can be quality checked. If during a quality check, the “Quality Checker” finds the job site (rental, apartment, condo, house, etc.) not being in a spotless condition or 100% up to Company’s standards, meaning that certain areas were missed or not properly cleaned, staged, presented or made guest-ready, resulting in the “Quality Checker” having to re-clean or touch-up for 30 minutes or more, Company may retract a reasonable amount of the pay for this particular job.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, effective as of the day and year these terms were agreed on. By filling out the the Onboarding Form and by clicking 'I Agree' on the mentioned form, you agree to all the above mentioned terms.