TERMS & CONDITIONS
The following terms and conditions form the basis for RED CARPET EMPLOYMENT AGENCY, INC., hereafter referred to as RCEA, supplying contract temporary help to CLIENTS. The signature of the CLIENT or his agent on the face of this time card constitutes full acceptance of the following:
1. RCEA has the sole right to establish the wages and fringe benefits, if any, of its employees, and assumes responsibility for the payment of such compensation, the withholding and payment of all required payroll taxes, and the maintenance of work related insurance as required by state law. It is agreed that the insurance furnished by RCEA does not cover physical loss or damage of machinery, equipment, or materials while in the care, custody, or control of a RCEA employee.
2. CLIENT agrees that if it retains any Temporary Employee for a period of at least one (1) day and it fails to advise RCEA of any complaints regarding the Temporary Employee’s performance, CLIENT will be responsible for paying RCEA all fees due for any and all services performed by the Temporary Employee. It is agreed that theCLIENT will indemnify RCEA and its employees for injuries incurred by the CLIENT’s employees in the course of their employment, losses resulting from work performed by RCEA employees in a reasonable prudent manner and/or as instructed by CLIENT, and losses resulting from willful misconduct and/or from willful or negligent acts by the CLIENT. It is further agreed that the CLIENT will furnish a suitable place for RCEA employees to work which shall comply with all laws and ordinances related to occupations health and safety.
3. CLIENT acknowledges that RCEA has incurred substantial recruitment, screening, training, administrative and marketing expenses with respect to its Temporary Employees. Accordingly, CLIENT agrees not to directly or indirectly offer to hire, hire, or engage as an independent contract any Temporary Employee assigned toCLIENT by RCEA for a period of 180 days after completion of the Temporary Employee’s assignment, or permit or cause any such Temporary Employee to be placed on payroll of any other firm for a like period, without the express written permission of RCEA. In the event CLIENT violates this paragraph, CLIENT promises to promptly pay to RCEA as liquidated damages and not as penalty, a sum to be negotiated prior to the time of rollover, and to reimburse RCEA its reasonable attorney’s fees incurred to enforce its right hereunder. CLIENT shall notify RCEA immediately of the completion or termination of a Temporary Employee’s assignment.
4. CLIENT agrees to notify RCEA immediately whenever any Temporary Employee performs any work under a Government Contract, and agrees to reimburse RCEA a price differential to reflect the higher wages that may be due any such employee by reason of any Government Contract law or the contract specifications. It is agreed that the responsibilities of the CLIENT as specified in the safety and health policies of RCEA and RCEA’S Right to Know policy will be complied with where applicable. It is agreed that the client shall notify RCEA of any changes in the duties of a RCEA employee from those originally described to RCEA.
5. CLIENT agrees to indemnify and hold harmless RCEA, its officers and employees, from and against any and all claims, losses, actions, damages, expenses, liabilities or claims for attorney’s fees arising out of or resulting from: (a) the Temporary Employee’s use or operation of CLIENT owned, non-owned or leased vehicles, machinery or equipment by the Company’s employees; and (b) any negligence, wrongful acts, decisions, statements, acts or omissions by CLIENT, its agents or employees or by any other person.
6. CLIENT agrees that it will not entrust RCEA’s Temporary Employees with unattended premises, cash, checks, negotiable or other valuables without the prior written agreement from RCEA.
7. CLIENT agrees to payment to terms of NET 7 DAYS of invoice and agrees that unpaid accounts will be considered in default after thirty (30) days from the date of the invoice; after which a late charge will be imposed at the rate of 1.9% per month on unpaid balances (ANNUAL PERCENTAGE RATE OF 22.8%) or the maximum legal interest rate, whichever is higher. CLIENT agrees to pay the late charge together with any reasonable attorney’s fees RCEA may incur to effect collection.
8. CLIENT acknowledges and agrees that in the event a Temporary Employee works more than forty (40) hours in any work week for CLIENT, that Temporary Employee is thereby entitled to compensation at the hourly rate of time and one-half for such overtime hours. CLIENT agrees to reimburse RCEA for all such overtime payments which RCEA pays to its Temporary Employees.
9. CLIENT’s signature hereon certifies that the hours shown are correct, that the work was performed to the CLIENT’s satisfaction and authorizes RCEA to bill CLIENTfor the hours worked by the named Temporary Employee. CLIENT agrees that the representative who signs this AGREEMENT is authorized to so that RCEA may rely upon that signature as binding upon CLIENT.
CLIENT further acknowledges that, as the relevant “time-worked” forms accompanied the invoice upon its arrival to them, there is no remedy or recourse to request revisions, alterations, or changes in any invoice after seven (7) days from the Invoice Date. All Invoiced data is FINAL at that time.
10. “Temp to Hire” Assignments: It is further agreed and understood that the client will pay a rollover transfer charge if the client places this RCEA employee on its own payroll prior to 50 working days and 400 paid working hours from the original date of the current assignment, unless otherwise agreed by RCEA. The RCEA employee is also notified and has signed an AGREEMENT not to apply for full-time positions at the CLIENT company until six (6) months has lapsed since the last date of his/her arrival.