Messenger Service Agreement

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Messenger Service Agreement Powered By Docstoc
					This Messenger Service Agreement is a between a company and a messenger whereby
the company retains the services of the messenger to deliver correspondence,
documents and packages on behalf of the company. The agreement provides for the
delivery services on an as-needed basis and that the messenger shall perform the
services during specified hours of the day. The company pays the messenger on a per
package basis and agrees to pay certain other out-of-pocket expenses incurred by the
messenger. However, the messenger is charged a deduction for late deliveries. The
template agreement can be customized to fit the needs of a company seeking to hire a
messenger or by a messenger or messenger service.
                       MESSENGER SERVICE AGREEMENT

       THIS MESSENGER SERVICE AGREEMENT (the “Agreement”), made this _____
day of ______________, 201______, by and between ____________________ (the “Company”)
and ___________________ (the “Messenger”).

       WHEREAS, the Messenger provides services for the purposes of delivering
correspondence, documents and packages;

       AND WHEREAS, the Company desires to obtain the messenger services of the
Individual;

        AND WHEREAS, the Messenger desires to provide messenger services to the Company
on the terms and conditions contained herein.

       NOW THEREFORE THIS AGREEMENT WITNESSES, that for good and valuable
consideration of the mutual covenants and agreements contained herein, the receipt and
adequacy of which is hereby acknowledged, the Company and the Messenger hereto covenant
and agree as follows:

1.00     SERVICES

1.1      The Company hereby retains the services of the Messenger for the purposes of delivering
         correspondence, documents and packages (the “Packages”) for and on behalf of the
         Company (the “Services”).

1.2      The Messenger shall deliver Packages for, and on behalf of, the Company on an “as-
         needed basis” by the Company.

1.3      The Messenger shall deliver the Packages by way of bicycle/motor vehicle, or by such
         other means as the Company and the Messenger in writing may agree.

2.00     TERM

2.01 This Agreement shall commence on the ____ day of ___________, 201_____, and shall
be in full force and effect for a Term of ____________ (____) weeks/months (the “Term”).

3.00     COMPLETION TIME

3.01     When the Company is in need of the Services of the Messenger, the Messenger agrees
         that he/she shall complete the Services on the same day between the hours of ______
         a.m. and _______ p.m., unless otherwise directed by the Company in writing.



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4.00     FEES

4.01     The Company shall pay to the Messenger a fee of ______________ ($______) Dollars
         (the “Fees”) per each completed delivery of Packages made by the Messenger.

4.02     The Company shall pay all accumulated Fees to the Messenger on a
         ______________[weekly/bi-weekly/monthly] {Instruction: specify which period of time
         applies.} basis in accordance with the number of Services performed by the Messenger
         for the Company.

4.03     The Company shall pay all accumulated Fees to the Messenger by way of cash or check,
         or by such other means as the Company and the Messenger may in writing agree.

5.00     CONDITION OF PACKAGES

5.01     The Messenger shall deliver each and every Package with the utmost care. The
         Messenger guarantees to the Company that each Package shall be delivered to its
         intended destination in the same condition as it left the Company’s premises.

6.00     LATE DELIVERY

6.01     In the event the Messenger fails to deliver a Package within the prescribed time frame
         contained in Article 3.00 hereof, the Company shall deduct ____________ (___%)
         percent from the Fees payable to the Messenger.

6.02     In the event the Messenger fails to deliver a Package within the prescribed time frame
         contained in Article 3.00 hereof due to any uncontrollable act, including but not limited
         to, acts of God, fire, flood or theft, the provisions of Article 6.01 shall not apply.

7.00     EXTRA EXPENSES

7.01     The Company agrees that it will reimburse the Messenger for any reasonable and
         necessary out-of-pocket expenses which may be incurred by the Messenger for the
         performance of the Services; provided that any and all extra expenses shall be first
         subject to approval by the Company. Parking infractions and moving violations are
         deeded as unreasonable expenses, unless Company agrees in writing to cover these for a
         particular assignment or group of assignments. In this event, Company does not waive its
         right to not pay for parking and moving violation expenses for earlier or subsequent
         assignments.
7.02     Any out-of-pocket expenses not receiving prior approval in writing by Company may be
         reimburse or not reimbursed at the sole discretion of Company.

8.00     RELATIONSHIP

8.01     The Company and the Messenger hereby acknowledge and agree that the Messenger shall
         perform the Services contemplated herein as an independent contractor and at no time



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         shall the Messenger be deemed to be an employee of the Company and shall not be
         entitled to receive any benefits offered by the Company to its employees.

8.02     This Agreement shall not at any time create a relationship between the Company and the
         Messenger other than that of an independent contractor and shall not at any time create a
         partnership, joint venture or affiliation.


8.03     The Messenger hereby agrees that he/she will not at any time enter into or commit the
         Company into any agreement and will not represents himself/herself as an agent or
         representative of the Company.

9.00     TAXES

9.01     The Company and the Messenger hereby agree that the Company shall not be held
         responsible or liable for the payment of any taxes or statutory withholdings that the
         Messenger may be liable and responsible for to remit to the appropriate governmental
         authority.

9.02     It shall be the sole responsibility of the Messenger to remit any and all taxes and levies
         which may become due and owing in connection with the Messenger's performance of
         the Services contemplated herein.

10.00 CONFIDENTIALITY

10.01 The Messenger agrees to keep confidential and not to disclose, directly or indirectly, or
      assist others in so disclosing, to any person, firm, corporation, or other entity any
      products, processes, concepts, business opportunities, compilations of data, algorithms,
      computer codes in either source code and object code, computer programs, computer
      account names, computer passwords and modem access numbers, financial information,
      marketing data and strategies and trade secrets related to the operations of the Company
      obtained in the course of performing his/her obligations herein or pursuant to any other
      agreement, and which have been directly communicated to the Messenger by the
      Company, in writing, as being confidential (herein, collectively, “Confidential
      Information”). The foregoing obligations do not apply to the extent that the Confidential
      Information is or becomes generally available to the public through no fault on the
      Messenger’s part.

10.02 Notwithstanding any provisions to the contrary herein contained, the obligation of the
      Messenger contained in this Article 10.00 (and all its sub-sections) shall survive the
      termination of this Agreement.

10.03 The Messenger may disclose Confidential Information to a third party where the
      Company has consented in writing to such disclosure or where required by law or any
      judicial, legislative, administrative or other governmental body. However, the Messenger
      shall first have given prompt notice to the Company of any possible or prospective order



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       (or proceeding pursuant to which any order may result), and the Company will          be
given a reasonable opportunity to prevent or limit any disclosure.

11.00 INDEMNIFICATION AND INSURANCE


11.01 The Messenger hereby agrees to indemnify and hold the Company, its employees, agents
      and subsidiaries, harmless from and against any injury sustained by the Messenger,
      including death, while the Messenger is performing any of the Services contemplated
      herein.
11.02 Messenger agrees to obtain any necessary insurance to cover potential damage or injuries
      to Messenger, and to any bicycle, automobile, or other motor vehicle used in performance
      of his or her duties, and agrees that any such insurance will be paid for by Messenger.

12.00 GENERAL PROVISIONS

12.01 All Services performed by the Messenger will be performed in a professional, workman-
      like manner which will not reflect poorly on the Company.

12.02 This Agreement constitutes the entire agreement between the parties hereto with respect
      to the specific subject matter hereof and supersedes all prior agreements or
      understandings of any kind with respect to the specific subject matter hereof.

12.03 Headings are not to be considered part of this Agreement, and are included solely for
      convenience of reference and are not intended to be full or accurate descriptions of the
      contents of any section.

12.04 In this Agreement, words importing the singular number include the plural and vice
      versa, words importing the masculine gender include the feminine and neuter genders and
      vice versa; and words importing persons include individuals, and proprietors,
      corporations, partnerships, trusts and unincorporated associations.

12.05 The invalidity or unenforceability of any provision of this Agreement or any covenant in
      it shall not affect the validity or enforceability of any other provision or covenant in it and
      the invalid provision or covenant shall be deemed to be severed.

12.05 Subject to the provisions hereof, this Agreement may not be assigned, in whole or in part,
      without the prior approval of all parties hereto. Subject thereto, this Agreement shall
      enure to the benefit of and shall be binding upon the parties hereto and their respective
      successors, heirs, executors, administrators, other personal and legal representatives
      (including trustees and receivers in bankruptcy) and permitted assigns.

12.06 This Agreement may be executed in any number of counterparts, each of which when so
      executed shall be deemed to be an original and such counterparts together shall constitute
      one agreement deemed to be dated as of the date hereof.




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12.07 This Agreement shall be governed by and construed in accordance with the laws of the
      State of _________________


               IN WITNESS WHEREOF the parties have duly executed this Agreement under
their hands and seals as of the day and year first written above.




Witness:                                                      Messenger


                                                              (COMPANY)
                                                              Per:



                                                              Name:
                                                              Title:
                                                              I have authority to bind the Company.




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DOCUMENT INFO
Description: This Messenger Service Agreement is a between a company and a messenger whereby the company retains the services of the messenger to deliver correspondence, documents and packages on behalf of the company. The agreement provides for the delivery services on an as-needed basis and that the messenger shall perform the services during specified hours of the day. The company pays the messenger on a per package basis and agrees to pay certain other out-of-pocket expenses incurred by the messenger. However, the messenger is charged a deduction for late deliveries. The template agreement can be customized to fit the needs of a company seeking to hire a messenger or by a messenger or messenger service.