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Independent Contractor Agreement

Terms and Conditions

By signing this Independent Contractor Agreement (“Agreement”) with Virtual Spotter (“Company”), you agree to the following terms and conditions:

  1. You shall be engaged by the Company as an Independent Contractor to provide personal services (“Agreed Service”) to the Company or to the Clients (“Client’) of the Company.
  2. This agreement shall come in force on commencement date (“Agreed Commencement Date”).
  3. You shall have the right to terminate this Agreement at any time with or without providing any reasons by giving an advance written notice of two weeks.
  4. The Company shall have the right to terminate this Agreement by giving you a written notice of 24 hours during the first 6 months of your engagement with the Company. Thereafter, the Company shall have the right to terminate this Agreement by providing you a written notice of two weeks.
  5. You shall work for agreed hours per week (“Agreed Work Hours per Week”) from Monday to Friday.
  6. You need explicit written approval from the Company (and the Client, if applicable) to work overtime hours beyond the Agreed Work Hours per Week from Monday to Friday.
  7. Payment shall be made into your designated account in Philippine Pesos.
  8. You shall be required to use the time tracking tool as decided by the Company which records the number of hours worked.
  9. You shall be engaged and paid by the company strictly on the basis of the number of hours worked. You shall not be entitled to any paid leave including any paid sick leave, paid lunch break, superannuation, pension, or paid holidays.
  10. Virtual Spotter doesn’t give Cash Advance under any circumstances. Only exception when the VA is working for more than a year with Virtual Spotter.
  11. You acknowledge that you shall provide a computer, a broadband internet connection and a space from where you shall work.
  12. You shall not take any leave unless agreed by the Company at least four weeks in advance. Any absence from work without prior written approval of the Company would result in the termination of this agreement without any notice or intimation.
  13. You shall not enter into any communication with anyone regarding your or the Client’s terms of engagement with the Company.
  14. You shall be responsible for safekeeping and return in good condition and order of all property belonging to the Company or the Client, which may be in your use, custody or charge.
  15. You shall not discuss your payment details with the Client. Anything related to your payment is to be discussed only with the Company.
  16. You shall maintain utmost secrecy in respect of any information belonging to the Company or the Client. As used in this agreement, the “information” means all financial, business, and commercial information including but not limited to policies, commercial offers, design documents, project costs & estimations, know-how, trade secrets, ideas, concepts, processes, methods, products, any patented or unpatented intellectual property, and data. This clause applies to you during the continuance of your engagement with the Company and afterwards. Failing which, the Company shall be entitled to terminate this Agreement with immediate effect and initiate legal action against you in a relevant court of law.
  17. You shall not (except in the normal course of the Company or Client’s business) publish any article or statement in print or electronic media, deliver any lecture or broadcast or make any communication to the press, including magazine publication relating to any business matter and/or product, unless you have previously applied to and obtained the written permission of the Company. This clause applies to you during the continuance of your engagement with the Company and afterwards. Failing which, the Company shall be entitled to terminate this Agreement with immediate effect and initiate legal action against you in a relevant court of law.
  18. If at any time in Company’s opinion which is final in this matter, you are found non- performer or guilty of fraud, dishonesty, disobedience, disorderly behaviour, negligence, indiscipline, absence from duty without permission or any other conduct considered by us deterrent to the Company or the Client interest or of violation of one or more terms of this Agreement, the Company shall be entitled to terminate this Agreement without notice. Furthermore, on account of reasons of any of your acts or omission, the Company shall be legally entitled to recover the damages from you.
  19. You acknowledge that this Agreement does not create an employment relationship between you and the Company (or any Clients of the Company).
  20. You acknowledge that no previous Agreement whether oral or in writing have been agreed or entered into by the Company.
  21. You acknowledge that this Agreement represents the entire agreement between you and the Company and that no verbal or written agreements, promises or representations that are not specifically stated in this Agreement, are or shall be binding upon the Company
  22. The validity, interpretation, and performance of this Agreement shall be governed by and construed in accordance with the law of the State of New South Wales and of the Commonwealth of Australia and the Republic of the Philippines which you acknowledge is the proper law for this Agreement.
  23. Notwithstanding the provisions of one or more clauses of this Agreement, you agree that if you are a resident of a country (“Country”) other than Australia (meaning you are a legal resident of said Country), in that case the Company shall also have the right to approach any court in said Country to hear and determine any suit, action or proceeding, and to settle any disputes, which may arise out of or in connection with this Agreement and for this purpose you shall irrevocably submit to the jurisdiction of such court.

 

During the course of your contractual relationship with Virtual Spotter, the above Agreed Service, Agreed Commencement Date, Agreed Work Hours per Week, and Agreed Remuneration per hour may change. For example, the client might increase your Agreed Remuneration per hour or Agreed Work Hours. Furthermore, it is also possible that you might decide to engage with other clients of Virtual Spotter and the service provided by you might be different than what is stated above in Agreed Service. In this situation, the above clauses from 1 to 23 will still apply to you and you agree to abide by them.

I have read and understood the term and conditions of this Agreement and agree to abide by them.