This Services Agreement (“Agreement”) constitutes a legal agreement between you, an individual (“you”) and Karsaz Legal Solutions, Inc dba Karsaz Law (“Company”) to serve as limited and independent agents for the service of eviction notices. You acknowledge and agree that Company is a legal services provider that does not provide transportation services. You agree to provide transportation services and notice delivery services (“Services”) to Company subject to the terms herein.
The parties agree to the following Rate, or fraction thereof, for a five-hour project of Services: $75.00 . For example, a one-hour prorated project shall be: $15.00.
Projects will be scheduled through the mutual agreement of the parties. There is no guarantee of the number of projects and projects will be on an on-call basis only. Each project time period shall begin your arrival at Company’s offices to pick up notices for delivery. Prior to delivering notices, you will confirm that the project time period is sufficient for delivery of the notices provided, and any delay or miscalculation regarding delivery times is your sole responsibility.
You acknowledge and agree that the Rate is the only payment you will receive in connection with the provision of services to Company. Payments will be issued by mail on or about the 20th of the month, unless mutually agreed to otherwise.
This Agreement shall commence on the date executed by the parties and terminate upon either party given notice of termination to the other.
The Company’s Affiliates shall include its owners, directors, officers, agents and affiliates entities. All liability and other protections afforded to Company herein shall also be afforded to Company’s Affiliates.
You shall have the sole responsibility for any obligations or liabilities to third parties or persons that arise from your provision of services under this agreement.
You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws including motor vehicle financial responsibility laws) regarding any acts or omissions of a third party.
You acknowledge and agree that Company’s provision to you of a request to service process on third parties (or any map routing guidance) creates a direct business relationship between Company and you.
Company does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of transportation services, your acts or omissions, or your operation and maintenance of your vehicle.
You retain the sole right to determine when, where, and for how long you will utilize any map routing guidance. You retain the option to attempt to accept or to decline or ignore a request for service of process or any transportation services, or to cancel any accepted request.
With the exception of any signage required by local law or permit/license requirements, Company shall have no right to require you to: (a) display Company’s or any of its Affiliates’ names, logos or colors on your Vehicle(s); or (b) wear a uniform or any other clothing displaying Company’s or any of its Affiliates’ names, logos or colors.
You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities.
As an independent contractor, you shall not be entitled to participate in any of the employee benefit packages (i.e. life, health, pension, thrift plan) of Company and Company will not be paying any withholding taxes, social security taxes, unemployment compensation taxes, self-employment taxes, workman’s compensation, employee disability or other benefits and the like relating to you.
Company shall pay you only a flat rate as shown above. All costs, charges, fees, taxes and/or expenses, including, but not limited to, toll charges, mileage, gas/oil, vehicle maintenance, phone data, taxes, fees, surcharges, registration, license, and other charges are your sole and exclusive responsibility. Company shall not be responsible for paying or reimbursing you for any such or related items.
You acknowledge and agree that at all times, you shall: (a) hold and maintain (i) a valid driver’s license with the appropriate level of certification to operate your vehicle, and (ii) all licenses, permits, approvals and authority applicable to you that are necessary to provide Services in the State of Nevada; (b) possess the appropriate and current level of training, expertise and experience to provide Services in a professional manner with due skill, care and diligence; and (c) maintain high standards of professionalism, service and courtesy. You acknowledge and agree that you may be subject to certain background and driving record checks from time to time in order to qualify to provide, and remain eligible to provide, Services.
You acknowledge and agree that your vehicle shall at all times be:(a) properly registered and licensed to operate under this agreement in the State of Nevada; (b) owned or leased by you, or otherwise in your lawful possession; (c) suitable for performing Services; and (d) maintained in good operating condition, consistent with industry safety and maintenance standards for a vehicle of its kind and any additional standards or requirements in the State of Nevada, and in a clean and sanitary condition.
To ensure your compliance with all requirements in the sections herein, you must provide Company with written copies of all such licenses, permits, approvals, authority, registrations and certifications prior to your provision of any Services. Thereafter, you must submit to Company written evidence of all such licenses, permits, approvals, authority, registrations and certifications as they are renewed. Company shall, upon request, be entitled to review such licenses, permits, approvals, authority, registrations and certifications from time to time, and your failure to provide or maintain any of the foregoing shall constitute a material breach of this Agreement. Company reserves the right to independently verify your documentation from time to time in any way Company deems appropriate in its reasonable discretion.
You acknowledge and agree that you are required to: (a) complete all tax registration obligations and calculate and remit all tax liabilities related to your provision of Services as required by applicable law; and (b) provide Company with all relevant tax information.
You further acknowledge and agree that you are responsible for taxes on your own income arising from the performance of Services for the Company.
Each party acknowledges and agrees that in the performance of this Agreement it may have access to, or may be exposed to, directly or indirectly, confidential information of the other party and/or third parties (“Confidential Information”). Confidential Information includes information on notices to be served. Each party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement; (c) it shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents and service providers (“Permitted Persons”) as necessary to perform under this Agreement, provided Permitted Persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof; and (d) it shall return or destroy all Confidential Information of the disclosing party, upon the termination of this Agreement or at the request of the other party (subject to applicable law and, with respect to Company, its internal record-keeping requirements). Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the receiving party; (b) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (c) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.
You agree to maintain during the term of this Agreement on all Vehicles operated by you under this Agreement automobile liability insurance that provides protection against bodily injury and property damage to third parties at levels of coverage that satisfy the minimum requirements to operate a vehicle on the public roads within the State of Nevada. This coverage must also include any no-fault coverage required by law in the State of Nevada that may not be waived by an insured. You agree to provide Company and its Affiliates a copy of the insurance policy, policy declarations, proof of insurance identification card and proof of premium payment for the insurance policy required herein upon request. Furthermore, you must provide Company with written notice of cancellation of any insurance policy required by Company. Company shall have no right to control your selection or maintenance of your policy. You must be a named insured driver, for which a premium is charged, on the insurance policy required herein at all times.
You agree to maintain during the term of this Agreement workers’ compensation insurance as required by all applicable laws in the State of Nevada. If permitted by applicable law, you may choose to insure yourself against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance. Furthermore, if permitted by applicable law, you may choose not to insure yourself against industrial injuries at all, but do so at your own risk.
You understand and acknowledge that your personal automobile insurance policy may not afford liability, comprehensive, collision, medical payments, personal injury protection, uninsured motorist, underinsured motorist, or other coverage for the transportation services you provide pursuant to this Agreement. If you have any questions or concerns about the scope or applicability of your own insurance coverage, it is your responsibility, not that of Company, to resolve them with your insurer(s).
Company may maintain during the term of this Agreement insurance related to your provision of services as determined by Company in its reasonable discretion, provided that Company is not required to provide you with any specific insurance coverage for any loss to you or your Vehicle. You are required to promptly notify Company of any accidents that occur while providing transportation services and to cooperate and provide all necessary information related thereto.
You hereby represent and warrant that: (a) you have full power and authority to enter into this Agreement and perform your obligations hereunder; (b) you have not entered into, and during the term will not enter into, any agreement that would prevent you from complying with this Agreement; and (c) you will comply with all applicable laws in your performance of this Agreement, including holding and complying with all permits, licenses, registrations and other governmental authorizations necessary to provide transportation services using the vehicles pursuant to this Agreement.
COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF YOU, OR OTHER THIRD PARTY.
You shall indemnify, defend (at Company’s option) and hold harmless Company, its Affiliates, and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes arising out of or related to: (a) your breach of your representations, warranties or obligations under this Agreement; or (b) a claim by a third party (including Users, regulators and governmental authorities) directly or indirectly related to your provision of services. This indemnification provision shall not apply to your breach of any representations regarding your status as an independent contractor.
COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) YOUR OR ANY THIRD PARTY’S PROPERTY DAMAGE, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. EXCEPT FOR COMPANY’S OBLIGATIONS TO PAY AMOUNTS DUE TO YOU ABOVE, BUT SUBJECT TO ANY LIMITATIONS OR OTHER PROVISIONS CONTAINED IN THIS AGREEMENT WHICH ARE APPLICABLE THERETO, IN NO EVENT SHALL THE LIABILITY OF COMPANY OR ITS AFFILIATES UNDER THIS AGREEMENT EXCEED FIVE HUNDRED DOLLARS AND NO CENTS.
The relationship between the parties under this Agreement is solely that of independent contracting parties. The parties expressly agree that: (a) this Agreement is not an employment agreement, nor does it create an employment relationship, between Company and you; and (b) no joint venture, partnership, or agency relationship exists between Company and you.
You have no authority to bind Company or its Affiliates and you undertake not to hold yourself out as an employee, agent or authorized representative of Company or its Affiliates. Where, by implication of mandatory law or otherwise, you may be deemed an agent or representative of Company, you undertake and agree to indemnify, defend and hold Company and its Affiliates harmless from and against any claims by any person or entity based on such implied agency or representative relationship.
If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
Neither party shall assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of the other party.
There are no third party beneficiaries to this Agreement. Nothing contained in this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.
The parties shall be governed by the laws of the State of Nevada.
THE PARTIES AGREE TO SUBMIT ANY DISPUTE REGARDING THIS AGREEMENT OR THE SERVICES PROVIDED HEREIN TO ARBITRATION. THE PARTIES MUST MUTUALLY AGREE TO THE ARBITRATOR SELECTION AND ARBITRATION RULES. UNLESS THE LAW REQUIRES OTHERWISE, AS DETERMINED BY THE ARBITRATOR BASED UPON THE CIRCUMSTANCES PRESENTED, YOU WILL BE REQUIRED TO SPLIT THE COST OF ANY ARBITRATION WITH THE COMPANY.
In the event a Party breaches any terms of this Agreement, the other Party shall be entitled to recover reasonable attorneys’ fees and expenses associated with the enforcement of the terms of this Agreement.
The Parties agree that this Agreement hereby terminates and supersedes any and all prior Agreements, whether oral or written, entered into by and between them. This Agreement constitutes the entire understanding between the Parties, supersedes any and all previous understandings between the Parties with respect to Contractor’s services, and binds and inures to the benefit of the Parties. No apparent waiver or waiver by either Party of the performance of any obligation under this Agreement or with respect to any default or any other matter arising in connection with this Agreement shall be deemed a waiver with respect to any subsequent performance, default or matter. No modification or waiver of all or any part of this Agreement shall be valid unless it is reduced to writing and signed by both Parties. Any number of counterparts of this Agreement may be executed and each has the same force and effect as the original.