The following terms and conditions shall apply to all services provided unless Landrum Workforce Solutions, Inc. has entered into a separate written contract with client that expressly supersedes the terms contained herein.
Landrum Workforce Solutions, Inc. (“STAFFING FIRM”) agrees to provide services for Client (“CLIENT”) both now and in the future, on the terms and conditions stated in this Client Agreement (“Agreement”). CLIENT’s utilization of STAFFING FIRM’s temporary employees and CLIENT approval of the applicable timesheets of such temporary employees confirm and attest to CLIENT’s acceptance of these terms and conditions.
STAFFING FIRM shall provide CLIENT the services of its employees (“Assigned Employees”) for certain job titles as requested by CLIENT and approved by STAFFING FIRM.
STAFFING FIRM agrees to assume responsibility for paying, withholding, and transmitting payroll taxes; making unemployment contributions; and handling unemployment and workers’ compensation claims involving Assigned Employees with respect to compensation that STAFFING FIRM has agreed to pay.
STAFFING FIRM will invoice CLIENT for services provided in accordance with this Agreement on a weekly basis. CLIENT’S approval of Assigned Employee timesheets certifies that the performed services shown are correct and that the work was performed to CLIENT’S satisfaction and authorizes STAFFING FIRM to bill CLIENT for the services performed by the named Assigned Employee.
Bill rates by job category as determined by CLIENT and STAFFING FIRM are incorporated by reference herein. In the event a portion of any invoice is disputed, the undisputed portion shall be paid. CLIENT acknowledges and agrees that Assigned Employee will be compensated based on total hours worked, including overtime, in a given workweek. CLIENT further agrees that the total weekly compensation divided by the total number of hours worked per week will not fall below federal minimum wage or other rates required by state law. Should this happen, Assigned Employee will be compensated to assure the per hour minimum (or the required state law minimum wage) and CLIENT will be billed accordingly. Bill rates are subject to change and may be increased due to costs associated with increased employment-related taxes, workers’ compensation insurance, government mandated insurance benefit costs, and testing and associated administrative costs of such requirements, if applicable, or any other circumstance out of STAFFING FIRM’S control.
CLIENT acknowledges and agrees that non-exempt Assigned Employees will be compensated at the rate of one-half plus the hourly rate for all hours worked in excess of 40 in any one week, or as required by law. CLIENT agrees to pay Net Upon Receipt of invoice and understands that unpaid accounts will be considered in default after thirty (30) days. Interest of 1.5% per month will be charged on unpaid fees more than 10 days past due. CLIENT agrees to reimburse STAFFING FIRM for all reasonable costs of collection, including attorneys’ fees.
CLIENT will properly supervise and train, in the same manner as its own employees, Assigned Employees performing work and be responsible for its business operations, products, services, and intellectual property. CLIENT will properly supervise, control, and safeguard its premises, processes, or systems, and not permit Assigned Employees to operate any vehicle or mobile equipment, or entrust them with unattended premises, cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments, or other valuables without STAFFING FIRM’s express prior written approval or as strictly required by the job description provided to STAFFING FIRM. CLIENT will provide Assigned Employees with a safe work site and working conditions that comply with the Occupational Safety and Health Act of 1970 and applicable state and local laws and regulations, as well as notify STAFFING FIRM immediately of any OSHA inspection or request for information by OSHA. CLIENT acknowledges that STAFFING FIRM assumes no liability for claims related to loss of, damage to, or loss of use of CLIENT’s owned, non-owned, or leased equipment, machinery or vehicles (including contents or cargo) while being used by or in the care, custody and control of STAFFING FIRM employees.
CLIENT will not change Assigned Employees’ job duties or work site without STAFFING FIRM’S express prior written approval. If CLIENT provides any equipment to Assigned Employees, CLIENT will be solely responsible for maintaining and collecting such equipment at the end of the assignment and/or termination of the Agreement. In no event shall STAFFING FIRM be liable for any damages to and/or loss of CLIENT’s equipment. If a STAFFING FIRM employee drives a motor vehicle of any sort on CLIENT’S behalf, CLIENT shall notify STAFFING FIRM in advance. CLIENT agrees to provide motor vehicle insurance coverage for any such employee. Said insurance coverage will provide at least the minimum coverage required by state law and at least the minimum coverage standard in CLIENT’s industry. CLIENT will ensure said insurance coverage is primary; STAFFING FIRM’S coverage shall be secondary.
This Agreement shall be for a specified period of time as stipulated by CLIENT. This Agreement shall be automatically renewed unless modified or terminated in accordance with this Agreement. The parties agree to waive any notice prior to automatic renewal of the Agreement. This Agreement may be terminated by either party upon 30 days’ written notice to the other party. Such notice shall be personally delivered or sent by recognized overnight courier or by certified mail, return receipt requested. Notwithstanding any other provision of this Agreement, in the event the other party declares or becomes bankrupt or insolvent, dissolves or discontinues operations, or fails to make any payments within the time periods specified in this Agreement, either party may terminate this Agreement upon 24 hours written notice.
STAFFING FIRM does not discriminate in referrals, or consent to discrimination by its clients, against any candidate on the basis of age, race, color, religion, disability, sex, national origin, veteran status or other protected status.
CLIENT agrees to unconditionally indemnify, hold harmless, protect and defend STAFFING FIRM and its parent company and affiliates, their shareholders, in-house employees, attorneys, officers, directors, agents and representatives from and against any and all claims, demands, damages (including consequential, incidental, indirect, exemplary, punitive and compensatory), injuries, deaths, actions, costs, taxation and expenses, (including payment of attorneys’ fees and expenses at all levels of proceedings), losses and liabilities of whatever nature (including liability to governmental entities, jobsite employees and third parties), and other consequences of any sort arising out of or in any way pertaining to the assignment of employees to CLIENT, including but not limited to any alleged or actual negligence or other tortious or criminal conduct of any such employee during the course of any assignment to CLIENT. However, CLIENT shall not be responsible for indemnifying or defending STAFFING FIRM against claims of negligence or other improper acts that arise out of conduct directly attributable to STAFFING FIRMS’ in-house employees.
This Agreement will be governed by and enforced in accordance with the laws of the state of Florida. The parties agree that state and federal courts with the state of Florida shall have the exclusive jurisdiction over any litigation brought or arising out of this agreement. In the event STAFFING FIRM institutes litigation to enforce its rights under this Agreement and is the prevailing party in such litigation, STAFFING FIRM shall be entitled to costs of suit and reasonable attorney fees incurred by it in connection with such litigation.
