Please type the below INDEPENDENT CONTRACTOR AGREEMENT in 20 RS NON JUDICIAL STAMP PAPER and duly signed between company and the respective contractor / consultant will lead to subjective agreement signed and afterwards business will proceed. Read the below carefully.
INDEPENDENT CONTRACTOR AGREEMENT
This Independent Contractor Agreement (the "Agreement") is entered into this [specify date] by and between [ ] (the "Consultant"), located at [___________________________________ address], for itself and its heirs, executors, administrators, related entities and assigns and [SOINIT TECHNOLOGY SOLUTIONS PVT LTD] (OUTSOURCER).
WHEREAS, (OUTSOURCER) is in need of assistance in the area of (SOFTWARE DEVELOPMENT); and WHEREAS, Consultant has agreed to perform consulting work for (OUTSOURCER) in (SOFTWARE) services and other related activities for OUTSOURCER;
Consultant’s Services.
Consultant shall be available and shall provide to OUTSOURCER professional services in the area of SOFTWARE ("Consulting Services") as needed and requested.
RATE
In consideration of the Services to be performed by Consultant under this Agreement OUTSOURCER will pay Consultant the rate as is mutually agreed upon the rate will or at the rate mutually settled for time spent on the development of the software project or web application. The rate will be paid only on the actual days of work required for the development of the project.
Consultant shall submit progress reports of the time spent performing Consulting Services via email, itemizing in reasonable detail the dates on which services were performed, the number of hours spent on such dates and a brief description of the services rendered. OUTSOURCER shall pay Consultant the amounts due pursuant to submitted reports within stipulated time after such reports are received by the OUTSOURCER. The OUTSOURCER will pay as per the milestone as is agreed between the two parties subject to this agreement. The final payment of the milestone will be released after the satisfactory report is received from the Client of the OUTSOURCER which will be shared with the Consultant. The preferred milestone will be in the ratio of 30:30:30:10
Independent Contractor
Nothing contained herein or any document executed in connection herewith, shall be construed to create an employer-employee partnership or joint venture relationship between OUTSOURCER and Consultant.
Consult-ant is an independent contractor and not an employee of OUTSOURCER or any of its subsidiaries or affiliates. The consideration set forth in Section 2 shall be the sole consideration due Consultant for the services rendered hereunder. It is understood that OUTSOURCER will not withhold any amounts for payment of taxes from the compensation of Consultant hereunder. Consultant will not represent to be or hold itself out as an employee of OUTSOURCER and Consultant acknowledges that he/she shall not have the right or entitlement in or to any of the pension, retirement or other benefit programs now or hereafter available to OUTSOURCER’s regular employees. Any and all sums subject to deductions, if any, required to be withheld
and/or paid under any applicable state, or municipal laws or union or professional guild regulations shall be Consultant's sole responsibility and Consultant shall indemnify and hold OUTSOURCER harmless from any and all damages, claims and expenses arising out of or resulting from any claims asserted by any taxing authority as a result of or in connection with said payments.
Confidentiality
In the course of performing consulting services, the parties recognize that Consultant may come in contact or become familiar with information which the OUTSOURCER or its subsidiaries or affiliates may consider confidential. This information may include, but is not limited to, information pertaining to proposal of the project, source code developed for the SOFTWARE PROJECT (Consulting Service) which information may be of value to a competitor. Consultant agrees to keep all such information confidential and not to discuss or divulge it to anyone other than appropriate OUTSOURCER personnel or their designees.
Term
This Agreement shall commence on (___/ ___/______) and shall terminate on (___/___/____), unless earlier terminated by either party hereto.
Either party may terminate this Agreement upon 15 days prior written notice.
In case the Consultant is not able to deliver the project on time due to any delay and of an action which can be contributed to the Consultant which otherwise would have enabled the Consultant to deliver the project on time will attract a demurrage charge. The demurrage charge will be specified by the OUTSOURCER for every project. Any act of God or Force Majeure is however not included within such definitions.
Competent Work
All work will be done in a competent fashion in accordance with applicable standards, and all services are subject to final approval by a representative of OUTSOURCER prior to payment.
Legal Right
Consultant covenants and warrants that he/she has the unlimited legal right to enter into this Agreement and to perform in accordance with its terms without violating the rights of others or any applicable law and that he/she has not and shall not become a party to any other agreement of any kind which conflicts with this Agreement. Consultant shall indemnify and hold harmless the OUTSOURCER from any and all damages, claims and expenses arising out of or resulting from any claim that this Agreement violates any such agreements. Breach of this warranty shall operate to terminate this Agreement automatically without notice as specified as in above and to terminate all obligations of OUTSOURCER to pay any amounts which remain unpaid under this Agreement.
Waiver
Failure to invoke any right, condition, or covenant in this Agreement by either party shall not be deemed to imply or constitute a waiver of any rights, condition, or covenant and neither party may rely on such failure.
Notice
Any notice or communication permitted or required by this Agreement shall be deemed effective when personally delivered or deposited, via registered post, properly addressed to the appropriate party at their respective office address.
Enforceability
If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the reminder of the Agreement shall remain in full force and effect and shall in no way be impaired
Miscellaneous
a. Entire Agreement and Amendments. This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements or understandings, whether written or oral. No amendment or extension of this Agreement shall be binding unless in writing and signed by both parties.
b. Binding Effect, Assignment. This Agreement shall be binding upon and shall inure to the benefit of Consultant and the OUTSOURCER and its successors and assigns. Nothing in this Agreement shall be construed to permit the assignment by
Consultant of any of its rights or obligations hereunder, and such assignment is expressly prohibited without the prior written consent of the OUTSOURCER.
c. Governing Law, Severability. This Agreement shall be governed by the laws of the INDIA under Indian Contract Act- 1872 the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision.
WHEREFORE, the parties have executed this Agreement as of the date written above.
OUTSOURCER: ________________________________
By:
Date:
Consultant ________________________________
By:
Date:
