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EMPLOYMENT AGREEMENT
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This Employment Agreement ("Agreement") is entered into by and between:
__________________________________________________________________________
Employee Name
(the "Employee"), an individual whose permanent address is
__________________________________________________________________________
Employee Address
AND:
Web Solution Online LLC (the "Company"), an entity organized and existing under the laws of the USA, with its office located at
108 West 13th Street, Wilmington, DE 19801, USA
RECITALS:
In consideration of the covenants and agreements herein contained, the Company hereby employs the Employee and the Employee hereby agrees to perform services as an employee of the Company, on an “at will” basis, upon the following terms and conditions:
1. SUBJECT OF THE AGREEMENT
1.1. According to the present Agreement the Company hereby engages the Employee and the Employee is obliged to perform the services set forth herein. The Employee hereby accepts such engagement and undersigns to act to the interests of the Company while the present Agreement is in force and to receive compensation for his services.
1.2. The services provided to the Company in sense of the present Agreement are understood as professional activity of the Employee consisting of a variety of transactions set out in the Appendix A, attached to this Core Agreement. Appendix A represents the integral part of the Agreement and contains the principles and values governing the relationship between the Company and the Employee.
2. GENERAL PROVISION
2.1. The provisions of the Agreement may be negotiated and amended in writing from time to time, or supplemented with subsequent estimates for services to be rendered by the Company and agreed to by the Employee. No modification or amendment to this Agreement shall be valid unless made in writing and signed by duly authorized representatives of both Parties. All changes, supplements and appendices to the present Agreement are the integral part of the present Agreement.
2.2. The Employee provides services in conformity to Appendix A with the purpose of receiving the greatest possible profit.
2.3. Section headings do not completely and accurately reflect the content of the present Agreement and therefore shall not be considered a part of this Agreement.
2.4. This Agreement contains the entire understanding by the Parties with respect to the matters contained herein and supersedes all previous negotiations, agreements and commitments related thereto. There are no promises, covenants or undertakings between the Parties other than those expressly set forth in this Agreement. In the event of any conflicts between this Agreement and any Prior Agreement, this Agreement shall prevail.
3. EMPLOYEE'S ACCOUNTABILITY
3.1. The accountability of the Employee consists of following directions of the supervisor and other Company officials. Directions will be placed in writing and will be a part of the employee’s training. As time is of the essence for all deals, due diligence will be required.
4. PRIVACY STATEMENT
4.1. Any information transferred from one Party to another in the framework of the present Agreement, is confidential and is not subject to disclosure to unapproved third parties without the written agreement of the Parties.
4.2. The Employee, by signing this Agreement, expressly grants to the Company for all copyrightable material, any and all inventions, discoveries, developments and innovations conceived by the Employee during this engagement relative to the duties under this Agreement shall be the exclusive property of the Company.
4.3. Any and all inventions, discoveries, developments and innovations conceived by the Employee prior to the term of this Agreement and utilized by him in rendering duties to the Company are hereby licensed to the Company for use in its operations and for an infinite duration. This license is non-exclusive, and may be assigned without the Employee’s prior written approval by the Company to a wholly owned subsidiary of the Company.
4.4. The Employee undertakes not to disclose the information about operations, accounts and essential elements of the Company to the third parties, except for the cases, when the disclosure of such information is directly authorized by the Company.
4.5. The Employee is cognizant, that the system of the accounts utilized by the Employee is the property of the Company. No record which has been designated as confidential, or is the subject of a pending application of confidentiality, shall be disclosed by the Employee.
4.6. The Company and the Employee shall identify preexisting confidential or proprietary items to be delivered under this Agreement as follows: The Employee and the Company agree that during this Agreement, it is possible that the Employee may develop additional data or information that the Employee considers to be protectable as confidential information. The Employee acknowledges that during the engagement he will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records and specifications owned or licensed by the Company and/or used by the Company in connection with the operation of its business including, without limitation, the Company’s business and product processes, methods, customer lists, accounts and procedures.
4.7. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of the Company, whether prepared by the Employee or otherwise coming into his possession, shall remain the exclusive property of the Company.
4.8. The Employee shall not retain any copies of the foregoing without the Company’s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by the Company, the Employee shall immediately deliver to the Company all such files, records, documents, specifications, information, and other items in his possession or under his control.
4.9. The Employee undertakes not to distribute any information which becomes known to him in connection with the present Agreement.
4.10. The Employee undertakes not to disclose the text of the present Agreement, including all changes, supplements and appendices to the third parties.
5. RIGHTS AND RESPONSIBILITIES OF THE PARTIES
5.1. The Parties bear the responsibility for non-execution and inadequate execution of the obligations under the present Agreement stipulated hereto.
5.2. The Parties bear responsibility for disclosure of the confidential information related to their mutual actions within the basis of the present Agreement.
5.3. During the term of this agreement, the Employee shall devote as much of his productive time, energy and abilities to the performance of his duties hereunder as is necessary to perform the required duties in a timely and productive manner.
5.4. The Employee represents that he is free to enter into this Agreement and that this engagement does not violate the terms of any agreement between the Employee and any third party. The Employee is expressly free to perform services for other parties while performing services for the Company.
5.5. For a period of six months following any termination, the Employee shall not, directly or indirectly hire, solicit, or encourage leaving the Company’s employment, any employee, consultant, or Employee of the Company, or hiring any such employee, consultant, or Employee who has left the Company’s employment or contractual engagement within one year of such employment or engagement.
6. RIGHT TO INJUNCTION
6.1. The Employee is cognizant that the services to be rendered to the Company under this Agreement are of a special, unique, unusual, and extraordinary character which gives them a peculiar value. The loss of the rights and privileges granted to the Company under the Agreement cannot be reasonably or adequately compensated by any action at law, and the breach by the Employee of any of the provisions of this Agreement will cause the Company irreparable injury and damage.
6.2. The Employee expressly agrees that the Company shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by the Employee. Resort to such relief shall not be construed to be a waiver of any other rights or remedies that the Company may have for damages or otherwise. The various rights and remedies of the Company under this Agreement or otherwise shall be construed to be cumulative, and no one of them shall be exclusive of any other or of any right or remedy allowed by law.
7. THE DURATION AND RESCISSION OF THE AGREEMENT
7.1. The present Agreement becomes effective from the moment of its signing and is valid one month. On the expiration, the Agreement may be prolonged for any term.
7.2. The present Agreement can be terminated on mutual agreement of the Parties, and also on the bases stipulated by governing law.
7.3. Merger or consolidation of the Company into or with any other entity shall not be the reason for termination of the present Agreement.
7.4. The present Agreement can be terminated preschedully under the initiative of the Company. In this case the Company is obliged to notify the Employee about Agreement rescission not later than 5 (five) business days prior to reputed date of avoidance.
7.5. The Company retains the right to terminate, at once, upon the default of the Employee and to proceed with the work required under the Agreement in any manner the Company deems proper.
7.6. If the Employee is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directive of the Company, is guilty of serious misconduct in connection with performance hereunder, or materially breaches provisions of this Agreement, the Company at any time may terminate the engagement of the Employee immediately and without prior written notice to the Employee.
8. SUCCESSORS AND ASSIGNMENTS
8.1. This Agreement shall be binding upon and inure to the benefit of the successors or assigns of the Parties hereto and, to the extent any successor or assign is not bound by operation of law, each Party shall cause such successor or assign to expressly agree in writing to be bound by this Agreement.
8.2. Neither Party may assign or delegate any of his/her rights or obligations arising under this Agreement, whether voluntarily or by operation of law, without the express written consent of the other Party, and any such purported assignment or delegation shall be void and without effect.
9. APPLICABLE RIGHT AND RESOLUTION OF DISPUTES
9.1. The present Agreement is adjusted to the legislation of the United States.
9.2. All dissents, disputes and contraventions, which can arise between the Parties in relation to the conclusion, execution and avoidance of the present Agreement, are subject to the admittance by negotiation.
9.3. In a case when the Parties have not achieved consent during negotiation the dispute is subject to consideration in the order stipulated by the rules of the American Arbitration Association, and the awards judgments may be brought to any authorized court.
10. WAIVER
10.1. The release of the obliged Party from the liability for nonperformance, inadequate execution any of the unrealizable obligation under the present Agreement, does not entail the release of this Party from the liability for nonperformance of its other obligations which have been not recognized by the Parties unrealizable on the Agreement. Failure or delay by either Party to enforce compliance with any term or condition of this Agreement shall not constitute a waiver of such term or condition.
Appendix A ---
Duties, Additional Terms, Payment
1. DUTIES
1.1. After signing the term of this Agreement, the Employee is hired by a Company on position Financial Assistant.
1.2. At all times, during the term of this Agreement, the Employee will have the following duties: financial monitoring and distribution of payments, meeting and controlling deadlines, generation of reports.
1.3. Regulation, instructions, and also specialized trainings necessary for implementation of the laid duties are given during a working process by the supervisor or by other authorized representative of the Company.
1.4. The Employee is obliged to co-ordinate all the actions with the Company in a case when he/she have a non-standard or unforeseen situation.
2. ADDITIONAL TERMS
2.1. The first month of employment is considered as a probationary period. During this time the Employee must show himself/herself as able to work and effective Employee for the Company. After completion of the probationary period Company has a right to terminate this Agreement, if considers that the Employee is unable to execute the duties.
2.2. Additional bonuses and benefits come into effect from the second month of employment, after passing of the probationary period. These positions must be designed as an appendix to this Agreement, which independently signs and goes into effect from the moment of signing.
2.3. The Employee has the flexible time of working. Despite it, the Employee is obliged to carry out his/her duties in the reasonable times established by the Company. In the case of necessity, other basic employment of the Employee can be agreed with the Company, if the Employee will be able to do his/her duties in full.
2.4. Vacation is given on call of the Employee and must be agreed with Company.
3. PAYMENT
3.1. The Company guarantees payment to the Employee which makes 3,000 (three thousand) US dollars as a basic salary during the probationary period and 5 (five) percent commission from the amount of each processed transaction. From the second month of employment: 5,000 (five thousand) US dollars as a basic salary and 7 (seven) percent commission.
3.2. From the second month of employment a Company will make additional bonuses to the Employee for successful and fruitful work. Bonus size determined individually in accordance to the effectiveness and paid one time per a quarter.
3.3. Payment for the Employee is carried out by the direct deposit on his/her bank account or by a check. The Employee can discuss more convenient method of payment with the Company.
3.4. During the first month Company will pay to the Employee after completion of probationary period by one payment. From the second month of employment the Employee gets a payment twice a month by equal parts.
3.5. In the case of termination of the Agreement after the probationary period ended, Company is obligated to pay the entire amount to the Employee on the basis of this Agreement.
3.6. All of the additional terms should be designed as appendix to this agreement and have the same legal force.
ACKNOWLEDGED AND AGREED:
_________________________ Employee’s Signature _________________________ Genry Sut, Vice Executive Web Solution Online LLC