IndependentContractors Agreement ICA Sample
IndependentContractors Agreement ICA Sample
THIS FREELANCING AGREEMENT (the "Agreement") is entered into this 2nd day of
October, 2020.
BETWEEN:
ADDMORE SERVICES LLC
of
1980 Festival Plaza Drive,Summerlin South, Suite 300
Las Vegas, Nevada, United States
89135
(the "Customer")
Sarah Baral
of
Block 1, Lot 11 and 12 and Coimbra St,VILLA Regina 2,llas, Marilao
Bulacan, National Capital Region, Philippines
3019
(the "Freelancer")
1. BACKGROUND
The Customer manages and administers a duly incorporated and lawfully established
business which primarily specializes in Professional Services Architectural, 3D BIM
Modeling , take off services and Cost and Project Management.
It is the belief of the Customer that the Freelancer possesses those skills, qualifications
and abilities necessary to provide services to the Customer and further the aims of the
Customer’s business.
The Freelancer agrees to provide the Customer with the following services, and any
other mutually agreed upon services that the Customer may from time to time require
(the "Services"):
Prepare a professional business plan and marketing plan as per the customers
brief and requirements
The Customer and the Freelancer understand and accept that the Freelancer is acting
as an independent contractor and not as an employee with regard to the provision of
the Services. There is no partnership or joint venture between the two parties.
3. TERM OF AGREEMENT
This Agreement will take effect immediately upon execution, and will remain in effect
until the Services set forth herein have been completed.
4. COMPENSATION
In exchange for providing the Services, the Customer agrees to compensate the
Freelancer at an hourly rate of $10 /hr - Maximum 20hrs per week United States
Dollars (USD). The Freelancer recognizes that the Customer may be required the
laws of the State of Nevada to deduct any applicable fees or remittances from the
Freelancer's compensation.
The Freelancer understands that the above described compensation is to be the sole
and exclusive compensation, and that no additional compensation will be provided for
the Services.
5. REIMBURSEMENT OF EXPENSES
The Freelancer understands and accepts that the Customer will not provide a
reimbursement of any expenses incurred in connection with providing the Services.
6. PAYMENT SCHEDULE
The Customer will pay the Freelancer at the following frequency: The freelancer will be
paid upon completion of the tasks every two weeks and with 7 days to make payment.
7. LATE PENALTIES
In the event that the Freelancer is more than -1 days late in providing the Services to
the Customer, the Freelancer will be subject to the following penalties:
The Freelancer will be penalised 20% of his Fee for additional week the project
takes
8. NON-PERFORMANCE PENALTIES
Should the Freelancer fail to perform the requested services in an acceptable time
period, the Freelancer will be subject to the following penalties:
The Freelancer will be fined a maximum of 160 per week for every week the
deliverable is delayed beyond the agreed contract timeframe.
9. AMENITIES
The Freelancer will not be provided with or allowed the use of any amenities.
10. CONFIDENTIALITY
The Freelancer recognizes the need to keep all confidential information absolutely
confidential, and prevent its release to the public, as a material term of this Agreement.
The Freelancer agrees not to disclose, report, or use, for any purpose, any of the
confidential information disclosed to the Freelancer by the Customer as a result of
providing the Services, or which the Freelancer has otherwise obtained or accessed.
The Freelancer will be permitted to disclose any of the confidential information in the
following circumstances:
1. If the Customer has given written consent for the Freelancer to disclose the
information to a third party.
11. NON-SOLICITATION
It is mutually understood that the Customer would suffer harm and damages if
attempts were made by the Freelancer to induce others to leave the Customer’s
employ, or if the Freelancer were to interfere with the Customer’s relationship with its
other employees or contractors. With this understanding, the Freelancer agrees that
during the term of providing the Services to the Customer, and for a period of 12
months from last invoiced work years after such provision, the Freelancer will not
under any circumstances, directly or indirectly:
This Agreement shall be governed, construed, enforced, and interpreted by, through,
and under, the laws of the State of Nevada without regard to the jurisdiction in which
any action or legal proceeding may be initiated.
12. HEADINGS
Headings are inserted for the convenience of the parties only and will not have any
bearing on the interpretation or meaning of this Agreement.
13. SEVERABILITY
The covenants and obligations set forth in this Agreement shall be binding on and
inure to the benefit of the heirs, executors, successors, legal representatives,
administrators, and assigns of the Customer and the Freelancer.
15. AMENDMENTS
16. TERMINATION
Either the Customer or the Freelancer may terminate this Agreement by providing the
other party with 0ne week written notice.
The Freelancer's duties and obligations under this Agreement will end upon
termination of this Agreement by either party, or upon the Freelancer ceasing to be
engaged by the Customer.
17. NOTICES
The Customer and Freelancer agree that any communications required or permitted by
this Agreement be given in writing. Such communications shall be given by either
mail, electronic mail, facsimile or personal delivery to any of the parties to this
agreement at the addresses listed below, or such addresses as may later be provided
to the other party in writing. In the event of a change in correspondence address,
change in telephone number or other contact information, the parties agree to notify
the other of such change in a timely manner. Should the communications occur by
pre-paid registered mail, delivery will have been deemed to have occurred three (3)
business days following entry into the mail system.
ADDMORE SERVICES LLC Sarah Baral
1980 Festival Plaza Drive, Summerlin Block 1, Lot 11 and 12 and Coimbra
South, Suite 300 St,VILLA Regina 2,llas, Marilao
Las Vegas, Nevada Bulacan, National Capital Region
89135 Bulacan
1. The Freelancer hereby agrees to deliver the Business Plan and Marketing
Plan no later than the 5th October in first draft format and to complete any
comments within 2 days of receipt from the customer
In signing this agreement the Freelancer warrants they are in compliance with
all local regulatory requirements and will pay all applicable taxes resulting from
the engagement.
Therefore the Customer clearly states no liability for any checks or monitoring
of the Freelancer in undertaking their responsibility under Philippines Law.
3. All Ownership of intellectual property remains with the customer and the
Freelancer by signing this agreement herby acknowledges and agrees no claim
to any intellectual rights, copyrights or patents that are the property of the
Customer
4. The Freelancer hereby confirms that they will utilise the appropriate
Hardware and Software to execute works in this agreement and verify that all
Licenses for software are valid and legal
The Customer does not accept or approve the use of illegal softwares that are
not fully licenced and supported by the Provider
This Agreement comprises the entirety of the terms and conditions of the provision of
the Services, as understood and agreed upon by the Freelancer and the Customer.
Both parties state that they have not made any representations regarding the subject
matter of this Agreement except the representations specifically set forth in this
Agreement; there are no further items or provisions, either written or oral.
IN WITNESS WHEREOF the parties have duly executed this Freelancing Agreement
this 2nd day of October, 2020.
_____________________________
ADDMORE SERVICES LLC
(Customer)
_____________________________
Sarah Baral
(Freelancer)