THIS AGREEMENT, made as of the date set forth below by and between Flying Stone Canada Ltd. (hereinafter the “Company”) and the undersigned individual (hereinafter “You” or the “Contractor”).FOR VALUABLE CONSIDERATION,
the parties hereto agree as follows:
1. You are hereby engaged by the Company as a non-exclusive independent contractor of the Company to provide home care related services (the “Services”).
2. Either the Company or You may terminate this Agreement at any time, by email or other written communication.
This Agreement shall terminate without any further action on the part of the Company or You if You do not provide any Services to the Company during any consecutive six (6) month period.
3. You are not required to perform any minimum level of Services, and You can provide the Services at such times, and during such intervals, as You alone determine. You can refuse to perform the Services at any time. You are
not required to follow any suggested routes, directions or otherwise in connection with Your performance of the Services, provided that You comply with any codes) of conduct (the “Code(s) of Conduct”) published by the Company for its independent contractors from time to time.
4. The agreed hourly rate shall be determined based on the overall job performance and time that has been spent in total in a reasonable term. the agreed hourly job is provided in the signed contract subject to review by office.
5. No relationship of principal to agent, master to servant, employer to employee or franchisor to franchisee is established between the parties. You acknowledge and agree that You are responsible for payment of all permits, licenses, insurance, health benefits, workers compensation or insurance, disability benefits, employment insurance and all taxes (including without limitation, foreign, federal, state, provincial, county and local income taxes), or amounts in lieu thereof, and interest thereon levied or based on amounts payable or paid to You by the Company (excluding taxes on our net income) and You agree to indemnify the Company fully in connection with any of the foregoing.
6. You represent and warrant as follows:
a. You have a valid driver’s license duly recognized in the Territory
b. You own, or have the legal right to operate, a duly registered motor vehicle (the “Vehicle”) the Vehicle is in good operating condition and meets the industry safety standards for a vehicle of its kind
c. You have a valid policy of liability insurance for the Vehicle (in industry-standard coverage amounts),including any insurance that is required by applicable laws in the Territory
d. You have obtained such permits, licenses, approvals, and authority that may be required under the laws of the Territory to perform the Services
e. You have a smartphone with one of the following operating systems in order to perform the Services:IOS9 or Android 4.2 or higher.
f. You have basic tools in order to perform the services and you are responsible for keeping theme in a good working order with no safety concern to anyone
7. You will be solely responsible for any and all liability which results or is alleged as a result of the operation of the Vehicle and tools including, but not limited to personal injuries, death and property damages. You will obey all local laws related to the performance of the Services and will be solely responsible for any violations of such local laws. You will keep secure and confidential any account password(s) or any identification we provide You from time to time. You will provide us with whatever proof of identity we may reasonably request. You consent to
the Company’s completion of a check for records of criminal charges and convictions within or outside the Territory from time to time, and agree to provide such information to the Company as may be required for such purpose.
8. At the request of the Company, You hereby agree to provide the Company with proof that the representations and warranties set forth in Section 5 above are true and correct prior to Your performing any Services hereunder.
Please note that all such payments are inclusive of applicable sales, value-added or other taxes that may be applicable to the performance and payment of the Services from time to time, and You are solely responsible for the collection and/or remittance of such amounts. You hereby agree to indemnify and save the Company
harmless from and against Your failure to collect and/or remit any such taxes in accordance with applicable law.
11. You acknowledge that the products and services made available by the Company from time to time and all rights therein are and shall remain the Company’s property or the property of the Company’s licensors. Neither this Agreement nor Your provision of the Services convey or grant to You any rights: (i) in or related to the products or services offered by the Company from time to time; or (ii) to use or reference in any manner the Company’s names, logos, product and service names, trademarks or services marks or those of the Company’s licensors
12. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE COMPANY’S PRODUCTS OR SERVICES TO WHICH YOUR PROVISION OF THE SERVICES RELATES. THE COMPANY’S SERVICES AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. By entering into this Agreement, You agree that You shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all
claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of this Agreement or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein, or (b) Your ownership, use or operation of a motor vehicle and or tools, via the company’s Software or Services made available from time to time.
13. This Agreement shall be construed and interpreted in accordance with the laws of the Province of Alberta, Canada. The parties hereto hereby irrevocably attorn to the jurisdiction of the courts in the Province of Alberta, Canada with respect to any and all issues arising from this Agreement. The Company may amend this Agreement from time to time. Amendments will be effective upon the Company posting the updated Agreement at this location. Your continued provision of the Services after such posting constitutes your consent to be bound by this Agreement, as amended. This Agreement represents the full and final understandings between the parties, and supersedes any and all previous understandings, commitments, and agreements, oral or written, pertaining to the Services. This Agreement and the rights granted hereunder shall not be assigned, encumbered by security interest or otherwise transferred by You without the Company’s prior written consent
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND AND AGREE TO BE BOUND BY AND COMPLY WITH ALL OF ITS PROVISIONS. I ACKNOWLEDGE THAT I HAVE HAD REASONABLE OPPORTUNITY TO REVIEW THIS AGREEMENT CONTAINING THE TERMS OF OUR AGREEMENT AND HAVE HAD THE OPPORTUNITY TO CONSULT WITH INDEPENDENT LEGAL ADVISORS OF MY OWN CHOICE BEFORE AGREEING