SERVICE OFFER AGREEMENT FOR AN INDEPENDENT CONTRACTOR (1099)

 

Between the Company and the Contractor in accordance with Texas law and the city of Austin

 

This agreement ("Agreement") is a public offer made by MK RESURS (hereinafter "Company") and is intended for acceptance by independent contractors (hereinafter "Contractor") under the terms outlined below. The Agreement is governed by the laws of the state of Texas and the city of Austin.

 

 1. Subject of the Agreement 

 

1.1. The Company provides the Contractor with work as an independent contractor under form 1099 to provide the following services: cleaning services.
 1.2. The Company provides the Contractor with the necessary equipment to perform the services. This equipment may not have specific markings but will be handed over in proper condition and with instructions for use.
 1.3. The Contractor must use the equipment exclusively to perform the services specified in this Agreement and is responsible for compensating for any damage to the equipment caused by the Contractor or third parties involved in the work.

 

2. Acceptance of the Agreement

 

2.1. Acceptance of this Agreement occurs when the Contractor begins performing services at the Company’s or the client’s site.
2.2. The Contractor's commencement of duties at the Company’s or client’s site will be considered full and unconditional acceptance of the terms of this Agreement.
2.3. The Contractor's acceptance of the terms of the Agreement can also be confirmed orally during negotiations with the Company’s representatives.

 

3. Contractor's Obligations

 

3.1. The Contractor agrees to provide services in accordance with the terms of the Agreement and within the timeframes agreed upon with the Company.
3.2. The Contractor has the right to engage third parties to perform services, but remains fully responsible for the quality of the services and compliance with all requirements related to the equipment, documentation, and reporting.
3.3. The Contractor is responsible for any damage to the equipment caused by their actions or the actions of the third parties they engage, and agrees to compensate for the damage.

 

4. Contractor's Liability

 

4.1. If the Contractor solicits clients of the Company with whom they had contact during the performance of their obligations under this Agreement, the Contractor is liable for any damage to the Company.
 4.2. Evidence of client solicitation may include: - Email correspondence;
 - Messages in messengers;
 - Call recordings;
 - Testimonies from clients or third parties;
 - Any other materials proving the Contractor's interaction with the client for the purpose of solicitation.
4.3. In case of violation of the conditions related to client solicitation or the use of Company resources, the Contractor agrees to pay the Company a penalty of $10,000 for each confirmed case of client solicitation.
4.4. If it is proven that the equipment was unlawfully used, the Contractor agrees to compensate for all damages related to the repair or replacement of the equipment at market value.

 

5. Confidentiality and Non-Disclosure

 

5.1. The Contractor agrees not to disclose any information related to the Company's clients or internal Company information received during the fulfillment of their obligations under this Agreement.
5.2. Non-Disclosure of Payment Terms: The Contractor agrees not to discuss or disclose any information about the remuneration received from the Company to third parties, including but not limited to the amount of payment, terms of payment, or other financial aspects. Violations of this clause may result in penalties up to and including termination of the Agreement.
5.3. Breach of confidentiality and non-disclosure is considered a serious violation and may lead to sanctions, including termination of the Agreement and liability in accordance with Texas law.

 

6. Use of Equipment

 

6.1. The Contractor may only use the equipment provided by the Company for the purpose of fulfilling their services under this Agreement.
6.2. Any use of the equipment outside the scope of the tasks assigned without the Company’s consent is a violation of the Agreement and may result in financial penalties.
6.3. The Contractor agrees to properly monitor the condition of the equipment and return it in good condition upon completion of the services.

 

7.Payment and Compensation

 

7.1. The Company agrees to pay the Contractor for services rendered in an amount agreed upon by the parties, based on the reports submitted.
 7.2. In case of a violation of the Agreement (client solicitation, unlawful use of equipment, breach of confidentiality, or disclosure of payment terms), the Company reserves the right to withhold part or all of the compensation and demand additional compensation.

 

8. Termination of the Agreement

 

8.1. The Agreement may be terminated unilaterally by the Company in the event of a breach of the Agreement by the Contractor.
8.2. The Contractor has the right to terminate the Agreement by notifying the Company 10 calendar days before the intended termination.

 

9. Legal Actions and Compensation

 

9.1. In the event of a breach of the Agreement, especially concerning client solicitation or unlawful use of equipment, the Company has the right to file a claim for damages in the court of Austin, Texas.
 9.2. The Contractor agrees to fully compensate the Company for all damages caused, including legal expenses.

 

10. Unjustified Absence

 

10.1. Definition of Unjustified Absence: Unjustified absence is defined as the Contractor’s failure to appear at work without prior notice to the Company and without a valid reason.
 10.2. Obligation to Notify: The Contractor must notify the Company at least 24 hours in advance if they are unable to perform their duties.
 10.3. Consequences of Unjustified Absence: In the case of unjustified absence, the Company may:
 - Withhold compensation for missed days/hours;
 - Impose a fine of $100 for each day of unjustified absence;
 - Terminate the Agreement in the event of repeated violations.
10.4. The Contractor may arrange for a replacement with the Company’s approval during their absence, but responsibility for the result remains with the Contractor.

 

11. Responsibility for Workplace Safety

 

11.1. The Contractor is fully responsible for adhering to safety and health regulations, including the proper handling of chemicals and materials used in the provision of services. The Contractor must:
 - Work with chemicals only with appropriate instructions and protective equipment;
 - Ensure a safe work environment for themselves and those around them.
 11.2. The Contractor must comply with all applicable safety and health laws in the state of Texas and the city of Austin.
 11.3. If third parties are involved, the Contractor is responsible for their actions and compliance with safety standards.
 11.4. A violation of safety rules may result in the termination of the Agreement and a demand for compensation for any damages.

 

12. Non-Compete Clause

 

12.1. For 3 (three) years after the termination of this Agreement, the Contractor is prohibited from working directly with the Company’s clients or through third parties without the Company’s written consent.
12.2. Violation of this clause may result in legal action, including a claim for damages and compensation for loss of clients.

 

13. Final Provisions

 

13.1. All disputes arising under this Agreement will be resolved through negotiations. If the parties cannot reach a resolution, the dispute will be submitted to the court of Austin, Texas.
13.2. Binding Agreement: By providing a completed Form 1099, the Contractor acknowledges and agrees that they have fully reviewed, understood, and accepted all terms and conditions outlined in this Agreement. The Contractor confirms that they have been given the opportunity to familiarize themselves with the terms of this Agreement before submitting the Form 1099. Submission of the Form 1099 constitutes full and binding acceptance of this Service Offer Agreement and has the same legal force and effect as if the Agreement were signed in writing.
13.3. This Agreement comes into effect upon the Contractor’s commencement of services and remains in effect until all obligations are fulfilled by both parties.

 
 

LLC MK Resurs 5/2/2022