H&S Independent Contractor Terms and Conditions
H&S Loss Control Inspections, Inc. (hereinafter “H&S”) is a New Jersey based company that delivers Loss Control Reports to its clients. Independent contractors perform data gathering Loss Control surveys for these reports and deliver their findings to H&S. As an INDEPENDENT CONTRACTOR, seeking to perform these Loss Control surveys for H&S, please confirm that your business (hereinafter "You") and Your employees agree to the following terms.
1. Any and all work that You perform for H&S will be performed as an INDEPENDENT CONTRACTOR.
2. You will work from Your own place of business.
3. You will perform, from time to time, certain Loss Control based inspection surveys as specified by H&S.
4. You will comply with all laws required to carry out the surveys specified by H&S.
5. You agree to the independent contractor fee for any survey PRIOR to performing any work.
6. You shall supply all equipment, tools, materials and supplies to accomplish the designated surveys.
7. You retain the sole right to control or direct the manner in which the surveys are to be performed. Subject to the foregoing, H&S retains the right; to inspect, to stop work, to prescribe alterations, and generally to supervise the work to insure its conformity to the survey specifications.
8. TAXES: You AGREE THAT YOU ARE RESPONSIBLE FOR ALL PAYROLL OR EMPLOYMENT TAXES, therefore You also agree that NO payroll or employment taxes of any kind shall be withheld or paid by H&S with respect to the independent contractor fees made to You and/or Your employees, the payroll or employment taxes that are the subject of this paragraph include but are not limited to FICA, FUTA, federal personal income tax, state personal income tax, state disability insurance tax, and state unemployment insurance tax.
9. INDEPENDENT CONTRACTOR STATUS:
9.1. In the event that State authorities or H&S’s workers compensation carrier, requires that H&S take out workers compensation insurance for You and/or Your employees, You acknowledge and agree that this event shall not create an employer/employee relationship.
9.2. You agree that You are responsible for creating and funding any retirement compensation package(s) for You and Your employees. These compensation packages include but are not limited to pension plans, IRAs, and 401K’s. Furthermore, you agree that H&S must not create such compensation packages for You or Your employees.
10. NON-COMPETE: You agree not to solicit any insurance Loss Control business or any insurance audit business from any H&S client.
11. CONFIDENTIALITY: You agree not to reveal to anyone any confidential information regarding H&S’s services, products, business, clients, or methods of operation.
12. You agree that these terms and conditions apply to any and all survey engagements that You perform for H&S.
13. SURVIVAL: Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement. The provisions that shall survive include but are not limited to:
- TAXES (#8),
- INDEPENDENT CONTRACTOR STATUS (#9),
- NON-COMPETE (#10),
- CONFIDENTIALITY (#11), and
- SURVIVAL (#13).
H&S Payment Policy
H&S has a very simple payment policy.- We issue checks twice each month.
- The surveys that your business completes are submitted to our Quality Assurance (QA) team.
- The work that is approved by QA in the first half of the month (the 1st to the 15th) is paid on the 15th of the following month.
- The work that is approved by QA in the last half of the month (the 16th to the end of the end of ) is paid on the 30/31st of the following month.
- H&S pays a flat fee for each survey case, we do not pay hourly rates, or driving time or time behind the windshield, or expenses.
- And we ask that you submit an invoice prior to each payment date (the 1st and 15th) according to the IRS independent contractor requirements.
H&S Time Service Policy
H&S has strict time service commitments to its clients.- H&S requires that each survey is completed within 15 days from the survey assignment date and requires that reports be turned in within 3 days of the inspection.
- An extension can be obtained on an exceptional basis, but ONLY IF there is good communication with the H&S office staff prior to the 15th day.
IN WITNESS WHEREOF, You and H&S have caused this Agreement to be executed by typing your full name below to indicate that I AGREE to these terms on behalf of my business and my employees for all of my survey engagements with H&S" as of the date recorded by the automated application process.
>> Please TYPE YOUR FULL NAME in the box below to indicate you have both, read AND accept the H&S Terms and Conditions. <<