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This is an agreement between a staffing agency and a company that wants to use the staffing agency’s services to screen and provide temporary employees. The agency shall use its best efforts to supply employees that possess the necessary education, skills, and credentials required for the position. In return for the agency’s services, the company will compensate the agency pursuant to the terms specified under “Exhibit B.” This agreement can be used by small businesses that want to engage the services of a staffing agency to screen and provide employees. Additionally, this agreement can also be used by small businesses that offer staffing services to provide their clients with a clear understanding.
This is an agreement between a staffing agency and a company that wants to use the staffing agency’s services to screen and provide temporary employees. The agency shall use its best efforts to supply employees that possess the necessary education, skills, and credentials required for the position. In return for the agency’s services, the company will compensate the agency pursuant to the terms specified under “Exhibit B.” This agreement can be used by small businesses that want to engage the services of a staffing agency to screen and provide employees. Additionally, this agreement can also be used by small businesses that offer staffing services to provide their clients with a clear understanding. TEMPORARY STAFFING EMPLOYMENT AGREEMENT This Temporary Staffing Employment Agreement (the “Agreement”) is made as of this ______________ day of _________________, 20_____by and between_________________ of ____________________________ (“Agency”) and ___________________ of ____________________, (“Client”). The Parties hereby agree as follows: 1) Services Agency, on the requirement of Client, will supply qualified workers (hereinafter referred to as “Employees”) to Client on a temporary basis. Agency shall use its best efforts to supply Employees who possess the necessary education, skills, and credentials required for the position to which they are being assigned. The said Employees shall work on a contract basis and perform certain services as described in Exhibit A attached to this Agreement. 2) Non-Exclusive Provision of Services Client’s engagement of Agency is on a non-exclusive basis and may simultaneously engage the services of other staffing agencies. Similarly, Agency has the right to simultaneously provide staffing services to other clients who may be in direct competition with Client’s business. 3) Selection and Background Checks Agency will be responsible to recruit, interview, test, screen and orient all Employees prior to their assignment to Client’s facility. Client must notify in writing to Agency any specific skills requirements. Agency does not conduct any specific investigative background checks unless requested in writing by Client. Upon request from Client and once payment is received, Agency will conduct background checks of past employment and education, and conduct specific background checks into criminal background, credit history, or driving records, or any other specific background. 4) Substance Abuse or Fit-for-Duty Exams Agency will not conduct any substance abuse testing or fit-for-duty exams prior to placement of an Employee. If Client requests the Agency for substance abuse testing, Agency will conduct the same at a reasonable cost to Client. Client shall be responsible for obtaining the appropriate release and consent forms from the Employees for such testing. 5) Hiring Decisions Client will be solely responsible for making all hiring decisions of the Employees. All liability associated with hiring decisions will be assumed by Client and the Agency will not be part of any contract between Client and the Employee referred to by the Agency. However, Client must © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 provide a copy of the written employment contract between Client and Prospective Candidate to the Agency within the first two (2) weeks of hire. 6) Compensation Agency will be fully responsible for making payments to the Employees, withholding and transmitting taxes, making unemployment contributions, and responding to claims for unemployment and workers compensation proceedings involving Employees. Employees shall not be treated as employees of Client for any reason, including for purposes of holidays, vacations, disability, insurance, pensions or other employee benefits offered or provided by Client. Client shall pay the Agency the amount set forth on Exhibit B on an hourly basis. Client will be billed on a weekly/monthly basis for the total hours worked and invoices are due upon receipt. Invoices not paid by the due date will gain interest at the rate of _________% per month. 7) Employment Status All Employees are independent contractors and are not, and shall not be deemed to be, employees or independent contractors of Client. All Employees are deemed employees of the Agency. 8) Insurance Agency shall maintain the following policies of insurance covering all Employees furnished by Agency to Client during the term of this Agreement: i) Workers compensation and employers liability insurance as required by law; ii) Comprehensive general liability (bodily injury and property damage) insurance in an amount not less than $1,000,000 per occurrence; and iii) Employment practices liability in an amount not less than $1,000,000 per occurrence. 9) Place of Assignment Client shall, at its own cost, provide such work space, supplies, equipment, hardware and software as are reasonably required for each assignment. Client shall also be responsible to provide to Employees such day to day guidance, assistance and other information as is necessary for the successful and timely completion of each assignment. Client shall provide Employees with a safe work place in compliance with OSHA and State safety and ergonomic requirements. 10) Confidentiality The term confidential information shall mean any information disclosed by Client to the Employees pursuant to this Agreement, including but not limited to data, code, finances, © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 business plans and computer software, any information in the form of written, graphic, machine readable or other tangible form and is designated in writing as confidential. It shall not include information which is or becomes generally available to the public other than as a result of disclosure by Agency, or becomes available to Agency on a non-confidential basis from a source other than Client. Agency acknowledges that any and all such information obtained by Agency and its Employees shall be deemed to be confidential and proprietary information. Agency agrees to hold such information in strict confidence and not to disclose such information to any third parties or to use such information for any purposes whatsoever other than providing of services to Client. Agency will advise each of its staff, and Employees of their obligations to keep such information confidential, and to require Employees to enter into confidentiality agreements with Client for the protection of Client’s confidential information. 11) Work For Hire Except as otherwise required by law, Agency agrees that any inventions, works of authorship or other intellectual property, including, but not limited to, source codes and documentation, conceived, developed, originated, fixed or reduced to practice by Employee, or on a Employee's direction, during Employee's assignment to Client, shall be the sole and complete property of Client, whether as a work made for hire or otherwise. Agency and its Employees hereby assign and convey their entire right, title and interest to any and all resulting copyrights, patents, and trade secrets to Client or to its customers, as the case may be. 12) Guarantee Agency strives to provide excellent service to its clients. If for any reason the Employee is terminated or resigns from the position within __________ days, Agency will use reasonable efforts to secure, to Client’s satisfaction, one replacement candidate. If such termination occurs within ______ days, Agency will replace the Employee at no additional charge. No refunds will be made for any reason after this period. 13) No Warranty/Limitations on Liability Agency makes no expressed or implied warranty, including, but not limited to, any warranty of quality, performance, merchantability of fitness for any purpose, with respect to any services performed or any goods, including, but not limited to, software or other proprietary property developed hereunder. In no event shall Agency be liable to Client or any other party for any damages, expenses, liabilities, fees, or losses (“losses”) arising as a result of this Agreement, or the services provided hereunder, whether for work performed, goods or services developed, or otherwise, which are in the aggregate in excess of the applicable amount of fees actually paid to Agency by Client with respect to the assignment resulting in such losses. In no event shall Agency be liable to Client or any party for any incidental, indirect or consequential losses (including, but not limited to, lost profits or lost data) arising from or related to any services performed or goods developed pursuant to this Agreement. All claims must be delivered in © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 4 writing to Agency within thirty (30) days after the termination of the applicable assignment with Client. 14) Mutual Non-Solicitation Except as provided by this Agreement, Client and its divisions, parents, subsidiaries, affiliates and successors-assignees, will not hire or offer employment to, or otherwise directly or indirectly use the services of , any Employee who has been assigned to Client, or any prospective Employee who has been interviewed by Client as a result of an introduction from, or recommendation by Agency, until the expiration of _________ year after the termination of the most recent assignment or of such introductions, recommendations or interviews. In the event that Client provides the services of or introduces any Employee to any third party during the course of any assignment, Client shall obtain the agreement of such third party to the foregoing and shall be responsible to Agency for any breach thereof. 15) Term The term of this agreement shall be for a period commencing on ______________ and ending on _________________ and may be extended for additional one-year periods by mutual agreement. Either party may terminate this agreement at any time, without cause, by giving thirty (30) days prior written notice to the other party. 16) Equal Employment Opportunity Client acknowledges that Agency is an equal employment opportunity employer and agrees that it shall not harass, discriminate against or retaliate against any Employee because of his or her race, national origin, age, sex, disability, marital status or other category protected by law, nor shall Client cause or request Agency to engage in such prohibited activity. Furthermore, Client acknowledges that it shall take all reasonable steps necessary to prevent the discrimination, sexual harassment or violation of any other legal obligation of any Employees within Client's work environment. 17) Governing Law This Agreement shall be subject to the substantive laws of the state of ______________. 18) Arbitration Client and Agency agree that any dispute arising under the terms and conditions of this Agreement or concerning the respective rights or obligations hereunder of the parties shall be settled and determined by arbitration before the American Arbitration Association located in _____________________ in accordance with its rules for commercial disputes. The arbitrators shall have the power to award specific performance or injunctive relief and reasonable attorney's fees and expenses to any party in any such arbitration. The arbitration award shall be final and binding upon the parties and the judgment thereon may be entered in any court having jurisdiction thereof. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 5 19) Successors and Assigns The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. 20) Section Headings The headings of paragraphs, sections and other subdivisions of this agreement are for convenience reference only. They shall not be used in any way to govern, limit, modify, construe this agreement or any part or provision thereof or otherwise be given any legal effect. 21) Entire Agreement This agreement contains the full and complete understanding and agreement between the parties with respect to the subject matter, and supersedes all other agreements between the parties whether written or oral relating thereto. This Agreement may not be modified or amended except by written instrument executed by both of the parties hereto. Each party agrees that it has not relied upon any representation of the other party, except for any representation made by such party under the express terms of this Agreement, in entering into and undertaking the obligations imposed by this Agreement. Executed this ________ day of ________________, 20___ at _______________________. CLIENT: By: AGENCY: By: © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 6 EXHIBIT A Services © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 7 EXHIBIT B Compensation © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 8
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