Last Updated: 05/01/2015
1. Independent Contractor: Subject to the terms and conditions of this Agreement, the Client hereby engages the Contractor as an independent contractor to perform the services set forth herein, and the Contractor hereby accepts such engagement. This Agreement shall not render the Contractor an employee, partner, agent of, or joint venturer with the Client for any purpose. The Contractor is and will remain an independent contractor in relationship to the Client. The Client shall not be responsible for withholding taxes with respect to the Contractor’s compensation hereunder. The Contractor shall have no claim against the Client hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
2. Duties and Compensation: The Contractor’s duties and compensation and provisions for payment thereof shall be as follows:
Client will purchase a prepaid bank of 10 hours at current hourly rate. Prepaid banks are non-refundable and expire 1 year after purchase.
Current contracted rate: $50/hour, billed in one minute increments.
If, in the future, Client and Contractor convert to monthly invoicing method, the following will apply:
- Ongoing billing will occur monthly until and unless agreement is terminated by written notification;
- All business related communications via phone, email or fax are billed time at contracted rate;
- All administrative functions performed on behalf of client's account (except EA billing) are billed time at contracted rate (i.e., listing tracking, account setup tasks, vendor communications, etc.);
- Invoices and detailed time reports are emailed monthly and are due and payable per the Automatic Credit Card Authorization Consent Form on file. Credit card of choice is automatically billed 5 days after invoicing;
- Contractor may charge a $25 rebill/late fee not paid by due date stated on invoice;
- If invoices are paid late three times in a 12 month period, account will automatically convert to pre-pay basis, although Contractor reserves the right to convert any account to a pre-pay basis at any time for delinquent accounts;
- Invoices over 30 days late may also be assessed a 1% monthly finance charge;
- Contractor reserves the right to change rates in the future and will provide two months' written notice before implementing;
- Contractor will establish a confidential online Time Tracking account via TrackMyHours.com. Client can view currently used time 365/24/7 via a personal Client login to be provided to Client upon account creation;
- All prices quoted in US dollars;
- Contractor accepts payments in the form of Credit Card (currently Mastercard, Visa, Discover & American Express) or check/electronic check upon pre-approval;
- Contractor will charge a $25 service fee for any returned checks, and an alternate method of payment will be required for future transactions;
- Contractor reserves the right to immediately terminate services for delinquent accounts;
- If collection services are required to recover delinquent invoices, Client responsible for reimbursement of any and all associated collection-related fees to Contractor.
Essential Admin is a division of Drake Essentials, Inc. As such, please consult your CPA or the IRS regarding current requirements for submitting 1099's for Corporations. Federal Tax ID # will be furnished to Client for 1099 purposes upon request.
3. Tools, Supplies and Expenses: Unless otherwise agreed to by Client in advance, Contractor shall be solely responsible for procuring, paying for and maintaining general computer equipment, software, and supplies necessary or appropriate for the performance of Contractor 's services hereunder. The Contractor shall bill and the Client shall reimburse for all reasonable and approved specific incidental expenses required to complete tasks requested by the Client (i.e., postage, shipping, packing materials, toll calls, specialty papers (cardstock, glossy, postcard, brochure, etc.), client designated stock photography, items purchased specifically for, on behalf of, and/or requested by Client, etc.). Contractor will obtain authorization from Client prior to purchasing said items.
4. Confidentiality: The Contractor acknowledges that during the engagement Contractor will have access to and become acquainted with various processes, information, and records owned or licensed by the Client and/or used by the Client in connection with the operation of its business including, without limitation, the Client’s customer lists, accounts and passwords. The Contractor agrees that she will not disclose any of the aforesaid, directly or indirectly, except as required in the course of this engagement with the Client. All original files, records, documents, information, artwork/creative, and similar items relating to the business of the Client, whether prepared by the Contractor or otherwise coming into her possession, shall remain the exclusive property of the Client, with the agreement that all work completed by Contractor remains property of Contractor until paid in full. Confidential Information shall not include any information that is disclosed by Client without restriction, becomes publicly available through no act of Contractor, or is rightfully received by Contractor from a third party.
Client acknowledges Contractor occasionally displays non-confidential, previously publicly released (i.e, via mail, print advertising, Internet display, etc.), samples on website at www.essential-admin.com/portfolio.html, (i.e., postcard, flyer, print ad, e-flyer, virtual tour, etc.).
5. Sub-Contractors: Client acknowledges Contractor occasionally works with sub-contractors to complete tasks in a timely manner. Contractor will be responsible for training, supervision and billing requirements, unless otherwise agreed between Contractor and Client. Each sub-contractor is also an independent contractor with an executed Sub-Contractor Agreement on file with Contractor. Billing will be through Contractor and will adhere to terms set forth in this agreement.
6. Conflicts of Interest: The Contractor represents being free to enter into this Agreement, and that this engagement does not violate the terms of any agreement between the Contractor and any third party. Client understands Contractor may be currently engaged, or engaged in the future, with a Client’s competitor (i.e., another Real Estate Agent serving same territory).
7. Time: Contractor’s daily schedule and hours worked under this Agreement on a given day shall generally be subject to Contractor's discretion. Client relies upon Contractor to devote sufficient time as is reasonably necessary to fulfill the spirit and purpose of this Agreement. The Contractor is expressly free to perform services for other parties while performing services for the Client.
- Standard Office Hours are Monday - Friday, 9am-6pm Pacific Time.
- Standard Phone Consult Hours are Monday - Friday, 10am-6pm Pacific Time.
- General U.S. Holidays are observed (i.e., New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas, etc.)
- Occasional vacations occur with advanced notice and instructions provided to clients.
8. Outside Providers & 3rd Parties: Contractor will not be responsible or liable for the products, services or actions of outside providers or 3rd parties. Vendor accounts (including but not limited to virtual tour provider, Realtor.com, GoDaddy, etc.) will be contracted in Client’s name, and corresponding vendor billing will be the responsibility of the Client.
9. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho without regard to conflict of law principles.
10. Legal Fees: Should either party hereto, or any heir, personal representative, successor or assign of either party hereto, resort to litigation to enforce this Agreement, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorneys' fees, costs in such litigation from the party or parties against whom enforcement was sought, and/or any collection fees necessary to recover past due invoices.