Recitals
A. MadvIT Solutions provides clients with outplacement and outsourcing services, including the placement of remote contractors.
B. MadvIT Solutions has been asked or is being considered to offer its services to the client for the placement of contractors.
C. The services will be provided by MadvIT Solutions to the client under the terms and conditions of this service agreement.
Agreement
1. Definitions & Interpretation
- Schedule 1 contains the definitions and interpretations for this service agreement.
2. Agreement – Day-To-Day Operations
2.1. The terms and conditions on the MadvIT Solutions website outline the procedure for daily activities such as requesting services, selecting employees, and other day-to-day operations under this contract.
2.2. The client acknowledges and agrees that this agreement with MadvIT Solutions does not create any form of employment relationship.
2.3. The responsibility for choosing the appropriate MadvIT Solutions employee lies with the client. The hiring is for independent contractors based on applicable local guidelines.
2.4. MadvIT Solutions employees do not have the authority to enter into contracts on behalf of the client, nor does this agreement create any partnership between the client and the employee.
3. Duration
3.1. This agreement is on a month-to-month basis, starting on the agreed date and continuing until terminated according to the terms outlined.
4. Payment
4.1. Payment terms are specified in Schedule 1 and are subject to the terms and conditions on the MadvIT Solutions website.
4.2. The provisions in Schedule 1 are part of and operative under this contract.
5. No Liability for MadvIT Solutions
5.1. MadvIT Solutions will not be liable for any loss, damage, costs, or compensation (whether direct or indirect) to the client, including: a) Delays in the introduction of employees by MadvIT Solutions. b) Non-acceptance of an offer or assignment by a MadvIT Solutions employee. c) Issues related to the performance of a MadvIT Solutions employee.
6. Client’s Indemnity to MadvIT Solutions
6.1. The client will indemnify MadvIT Solutions in cases of: a) Injury to a MadvIT Solutions employee while performing duties for the client. b) Property damage caused by a MadvIT Solutions employee during their duties. c) Claims made by a MadvIT Solutions employee regarding termination of services.
7. Restrictions on Direct Hiring
7.1. The client must pay MadvIT Solutions $15,000 for each employee hired directly.
7.2. Upon contract termination, no MadvIT Solutions employee who worked for the client in the past 12 months can be offered a contract or permanent employment by the client.
7.3. Friends, family, referrals, and network connections of MadvIT Solutions employees cannot be offered work or assignments by clients without prior approval.
7.4. No information exchange related to payments and pricing between MadvIT Solutions and employees is permitted.
8. Intellectual Property
8.1. All material prepared by MadvIT Solutions employees will be owned by the client, and all intellectual property rights in such work will vest in the client.
9. Privacy
- All parties agree to handle personal information in accordance with privacy laws.
10. Confidential Information
10.1. Confidential information will only be disclosed as required by law.
11. Warranties
- Both parties represent and warrant that: a) No actions, claims, proceedings, or investigations are pending or threatened against them that may materially affect this contract.
12. Termination
12.1. A party may terminate the contract immediately (or on a later nominated date) if: a) The other party breaches the contract and does not remedy it within 5 business days. b) The other party becomes insolvent.
12.2. The client can appoint a MadvIT Solutions employee on a trial basis for a minimum of 1 hour and a maximum of 10 days, with the option to terminate the employee at any time during the trial.
12.3. For full-time employees, the client may terminate as follows, provided they comply with Schedule 1: a) With less than 6 months of service, a 30-day notice is required. b) With more than 6 months of service, a 60-day notice is required.
12.6. Upon termination, the client will return all confidential information to MadvIT Solutions.
13. Acceptance
- The client accepts the terms by: a) Requesting services. b) Appointing MadvIT Solutions to provide services. c) Selecting a MadvIT Solutions employee. d) Making any payments as listed in Schedule 1. e) Indicating acceptance.
14. Duty of Confidentiality
14.1. MadvIT Solutions and its employees acknowledge that they may have access to the client’s confidential information and agree not to disclose or use this information without permission.
Schedule 1: Fee Structure
Regular Billing System
- Clients must use the regular billing system to pay for services.
- Payments to MadvIT Solutions must be made in advance via:
- Credit card online payment.
- Direct debit of credit cards and bank accounts.
- Electronic fund transfer (EFT).
- Each payment is due in advance or on an agreed fixed monthly date.
- Payments can be made via EFT into MadvIT Solutions’ INR bank accounts.
- Overtime payments will be included in the following month’s invoice.
- Clients may request a refund with a 2-week processing period.
Insufficient Funds
- If: a) The available balance falls below zero, or b) The client does not pay on time, MadvIT Solutions may suspend services for 5 business days.
- If the client does not clear arrears within the suspension period, the contract will be terminated.
Holidays
- MadvIT Solutions employees are entitled to request leave on public holidays in their location.