Re: Read This!!! Here's The Whole Agreement!

INDEPENDENT CONTRATOR AGREEMENT
I don't have a problem with this company, but this agreement is a license to steal and it unacceptable. I do realize that alot of new comers to this business that are desperate to work will sign this. Which is why I have posted this, I've been in this business for a long time now and realize that the hacks as well as low bidding companies have ruined this industry in order to get thier foot in the door. But some how some way techs should have protection against companies that will steal their hard earned money. COMPANIES WOULDN'T BE SHIT WITHOUT TECHS SO WHY STEAL FROM THEM?









service calls, and upgrades within DirecTV specifications.

Contractor will determine the method, details, and means of performing the Services; however, Contractor agrees to devote a minimum of 5 Days a week to performing the
Services described above. Sundays will be on an alternating schedule designated by DirecTV. If you are unavailable to work your designated Sunday you are responsible to find your replacement. You are required to be available on all holidays.

2. TERM: Contractor shall provide services to the Company pursuant to this Agreement for a term beginning on _________________(Today’s Date) and
Ending ONE Year from Today’s date (the “Agreement Term”).

3. COMPENSATION: For services provided, the Company will pay Contractor in the form of a check. Payment shall be made bi-weekly on Friday.

4. EXPENSES: Contractor shall bear all expenses incurred in the performance of this Agreement except: NO EXCEPTIONS: - Contractor is reliable for all DirecTV Approved Drop Materials required to complete each job.

5. INDEPENDENT CONTRACTOR: Contractor is an independent contractor and not an employee of the Company, and, unless otherwise stated in this Agreement, is not entitled to any of the benefits normally provided to the employees of the Company.

6. CONFIDENTIALITY: Contractor acknowledges that he/she may have access to the Company’s confidential and proprietary information. Such confidential information may include, without limitation: i) business and financial information, ii) business methods and practices, iii) technologies and technological strategies, iv) marketing strategies and v) other such information as the Company may designate as confidential (“Confidential Information”). Contractor agrees to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the Agreement Term, unless the Company grants express, written consent of such a disclosure. In addition, Contractor will use his/her best efforts to prevent any such disclosure.



Confidential information will not include information that is in the public
Domain, unless such information falls into pubic domain through Contractor’s unauthorized actions.

7. OTHER RULES AND POLICIES: Contractor agrees to abide by any other rules, policies and procedures as communicated by the Company.


8. TERMINATION: This Agreement may be terminated early for the following reasons:
• By the Company

(i) If Contractor fails to perform his/her duties or materially breaches any obligation in the Agreement, and the failure or breach is not corrected within five days of receiving written notice from the Company, or
(ii) If Contractor is unable to provide the services in this Agreement due to illness, death or disability.

• By the Contractor

(i) If the Company materially breaches any obligation in the Agreement and such breach is not corrected within five days of receiving written notice from the Contractor; or
(ii) If the Company files for bankruptcy.


(A) “Contractor” is prohibited to work for any other company doing Directv if “Contractor” does not get written approval to work for another company within 100 miles of National Satellite & Broadband, LLC. This will be in effect for 6 months following termination.

9. RETURN OF PROPERTY: Upon termination of services, Contractor will promptly return to the Company all drawings, documents and other tangible manifestations of Confidential Information (and all copies and reproductions thereof). In addition, Contractor will return any other property belonging to the Company including without limitation: computers, office supplies, money and documents.

10. CONTINUING OBLIGATIONS: Not withstanding the termination of this Agreement for any reason, the provisions of paragraph 6 of this Agreement will continue in full force and effect following such termination.






11. CUMULATIVE RIGHTS: The Parties’ rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.

12. BINDING EFFECT: The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.

13. WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision if this Agreement.

14. SEVERABILITY: If any part of parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

15. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modifies in writing and must be signed by both the Company and the Contractor.

16. NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:

17. REQUIREMENTS: Contractor is required to have a working cell phone at all times. This is to be provided by “Contractor” without any liability to the Company. Company will not assume any part of paying for or crediting “Contractor” a fee for this cell phone. Technician must have approved running vehicle up to company standards as deemed by owner. Any question as to these standards needs to be directed to Company Owner. “Contractor” is required to have adequate tools to complete every job not limited to but including signal meter, strippers, screw drivers, ect.






18: The Company: National Satellite & Broadband, LLC
P.O. Box 2207
Howell, MI. 48844

Contractor: ______________________________
______________________________
______________________________

Either party may change such addresses from time to time by providing notice as set forth above.

17. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of _______________________.

18. CHARGEBACKS:
• There is a 100% chargeback for any failed Quality Check (QC).
• If “Contractor” creates any damage claims, “Contractor” will be held fully responsible for all cost involved in correcting claim.
• If contractor has not made contact with supervisor by 8:30 AM or shown on-site to the customer’s home. Contractor will be subject to a NO CALL/ NO SHOW charge. The charge will be 100% chargeback of jobs routed to “Contractor” for that day.
• If “Contractor” refuses to run route assigned for the day contractor will be charged back for entire amount of route as well as $200.
• There is a charge for non-responding receivers. Every receiver that is deemed non-responding, by DirecTV, will be a $8.00 charge back per receiver. All charge backs well be deducted from next scheduled pay for the contractor.
• If a job is considered AM time frame “Contractor” must be on site prior to 12 PM to avoid a charge back of $50.00. If a job is considered PM time frame, “Contractor” must be on site prior to 5PM to avoid a $50.00 charge back. If you fail to arrive to a customers house within the time frame noted and have not noted an ETA or have missed your ETA this will be considered a NO CALL /NO HOW and you will be subject to a $300.00 charge back.
• If there is a service call created within 90 days of “Contractor” completing ANY job, “Contractor” is subject to up to a $60.00 charge back for the entire job. All jobs are to be closed nightly. Any job that is not closed will be considered a past open and will be subject to a $180.00 charge back per job not closed out. After 48 hours, if a job is still not closed out, job will be auto cancelled and will not be paid.




Section III, Subsection I (New Section)

If any action caused by a contractor results in a valid Office of the President (O.O.P.) complaint to DirecTV, the contractor will be charged $1500.00 if the complaint causes the customer to cancel their service with DirecTV. If the customer remains a customer, but still initiates the O.O.P., the Contractor will be charged $750.00 due to the complaint.

Section III, Subsection I – OOP back charges of $1500 for a customer who cancels their service as a result of the OOP complaint and $750 for the OOP complaint but the customer remains a customer.

19. ADMINISTRATIVE FEE: An administrative fee of 7.5% of all jobs you are billing for will be charged to the Contractor by the Company each week. This fee covers all DirecTV required insurances and administrative costs associated with weekly process of work orders, payroll and supervision that must be maintained on all contractors.

20. FINAL PAYCHECKS: Upon termination of contract final paychecks will be held for up to 90 days. This means any paycheck “Contractor” is due to receive after last day of work will be help for up to 90 days. This is to account for Service within 90 matrixes, on time guarantee, non responding boxes, damage claims, etc.

IN WITNESS WHEREEOF, the parties have caused this Agreement to be executed the day and year first written above.


CONTRACTOR:

_____________________________________________
(Signature)

_____________________________________________
(Name – Please Print)



THE COMPANY:

____________________________________________
(Signature)


___________________________________________
(Name- Please Print)


__________________________________________
(Position)


Updated 01-07-2008









INFORMATION

(Please read prior to signing Agreement)

An Independent Contractor Agreement is an agreement between a company and an independent contractor (not an employee) that provides the terms and conditions by which the Independent Contractor will provide services to the company. The Independent Contractor Agreement serves a number of beneficial purposes. It provides the Independent Contractor with the basic conditions, project parameters and terms of payment for his/her service to the company. The independent Contractor Agreement can also protect the company by, among other things, clarifying the company’s expectations for the Independent Contractor, reaffirming that an employer / employee relationship is not created and laying out reason for termination of the relationship.

Most states will enforce this type of agreement. It is best, however if the Independent Contractor signs the Independent contractor Agreement at the beginning o his/her service term, then it becomes a condition of his/her engagement with the company.

Employment relationships are governed by both Federal and State law. Many of the state laws differ dramatically, therefore the company and the Independent Contractor should become familiar with the laws of their specific state and the Federal Government before entering into this type of arrangement. In addition, before using the form you should always consult with your attorney to ensure that is addresses your specific situation.