hr1d Tech Agreement

This agreement is made with reference to the following fact:

The Company will contract services with The Field Technician, under the following conditions:

1. Relationship of Parties . The parties agree and intend that the relationship between them created by this Agreement is that of a principal-independent contractor. The Field Technician Is not an employee of The Company, and thereby is not entitled to the benefits normally provided to employees, including, but not limited to, medical insurance and/or participation in any pension or profit-sharing plan.

1. Conduct . The conduct and control of the work to be performed by The Field Technician under this agreement rest exclusively with The Field Technician. The Field Technician shall perform his or her services for the Company in accordance with workmanlike and ethical standards applicable and customary to the industry and profession, and at no time will The Field Technician try to mislead customers or conduct him or herself (including in written answers) in a way that could potentially be damaging to The Company, it's reputation, or it's staff or Board of Directors. Notwithstanding the foregoing, The Field Technician shall make his or her best faith to comply with all of The Company's policies, marketing philosophies, standards, guidelines, and procedures in effect, and shall comply with the highest ethical and business practices and procedures in the performance of all activities and services pursuant to this Agreement.  Any acts to the contrary will result in immediate termination of The Field Technician by The Company, with no compensation.

1. Schedule . The Field Technician must confirm their coverage availability bi-weekly, once confirmed, the Field Technician must be available to provide services in their designated coverage area.  If the Technician is unable to perform a service when called upon, this is considered a breach of contract and could be grounds for immediate contract termination.

1. Engagement . The Company hereby agrees to engage The Field Technician to perform services on a continuing/temporary basis, which services are generally described below, as and when required and authorized by Panhandle Pro Services, Inc.  The Field Technician shall be responsible for adhering to the following standards while performing work for Panhandle Pro Services, Inc. The Company Dress Code (obtained and maintained by the Field Technician at the Field Technician’s Expense) consists of: Work Shoes, Construction-Grade Pants or Shorts, (belts are required), Collared Shirts (shirts are to be tucked in at all times), Company Name Badges (issued by the Company).  All Company Apparel, Badges and Signage must be returned to Panhandle Pro Services, Inc. in the event of the Termination of this Contract, Technician payment may be subject to withholding.

1. Payment . The Field Technician will be paid per job for the dollar amount offered by the Company and accepted by the Field Technician.  Payment will be issued only after the Company receives a signed completion form by the Field Technician via internet, email, or in person and the job has been funded by the serviced Client.

1. Expenses . The Field Technician shall not be reimbursed for expenses incurred in connection with providing the services hereunder, including, but not limited to, all internet connectivity expenses, hardware expenses, travel and entertainment expenses, and any other amounts expended by The Field Technician in order to provide the services required by this Agreement.

1. Taxes . The Company shall not deduct any state, provincial, or federal income tax from payments made to The Field Technician. The Field Technician agrees to make all necessary contributions and to pay any and all taxes in accordance with applicable law and will hold The Company harmless from any liability or expense arising from or in connection with any failure by The Field Technician to pay such taxes, including interest and penalties. The Field Technician acknowledges that The Company shall not make unemployment insurance deductions from payments made to the Field Technician , and that The Company shall not be required to include The Field Technician under any applicable workers' compensation insurance program and/or policy. The Field Technician also acknowledges that in the event of any injury of any kind, The Field Technician will not be entitled to any medical or other disability benefits. Notwithstanding the foregoing, the fact that The Company may carry workers' compensation insurance for its own benefit or the mutual benefit of itself and those contractors which are individuals providing the services as described in this Agreement, shall not create any inference of employment, partnership, or other agency relationship.

1. Proprietary Information and Non-Disclosure . The Field Technician shall not use to their own advantage or the advantage of any other person, business or entity, except as specifically provided in this Agreement, either during their association or at any time thereafter, any information gained for or from business, files, and/or records of the The Company.
   
   The Field Technician shall maintain all Confidential Information disclosed to The Field Technician hereunder by Panhandle Pro Services, Inc. in strict confidence. This confidential obligation and all restrictions imposed upon The Field Technician by this Agreement shall not extend to information which (a) is or becomes part of the public domain through no fault of The Field Technician; or (b) that The Field Technician can prove was in The Field Technician’s possession prior to the time it was acquired hereunder; or (c) is received by The Field Technician from a third party rightfully in possession of the information and having no direct or indirect obligation to Panhandle Pro Services, Inc. with respect to the information.
   
   The Field Technician agrees that for the purposes of this Agreement, the Confidential Information is not to be treated as in the public domain merely because each or any specific item of information is known to someone or is embraced by more general information in the public domain. The Field Technician shall permit employees of The Field Technician to have access to the information only on a "need-to-know" basis, and to take all necessary precautions to safeguard the information. The Field Technician shall take at least the same precautions to protect the confidential information imparted to it by Panhandle Pro Services, Inc. as The Field Technician would to protect valuable confidential information originating with The Field Technician.
   
   The Field Technician agrees that all documents, drawings and writings of any kind provided to The Field Technician by Panhandle Pro Services, Inc. are the sole property of Panhandle Pro Services, Inc. and/or its clients. The Field Technician acknowledges that such information is proprietary, and that in the event of an unauthorized disclosure and/or use of such information, significant damages may be incurred or suffered by The Company. The Field Technician will destroy all copies of the confidential information once it is no longer required by them to perform work for The Company, or as directed by The Company.
   
   
2. Non Discrimination . No discrimination shall be made of persons under this agreement because of race, color, national origin, age, ancestry, religion, sexual or gender orientation, or sex of such person.
   
   
3. Liability and Insurance . The Field Technician is named liable for any and all damages should they occur during the initial installation or within the warranty period of 1 year. The Field Technician shall indemnify, defend and hold harmless the Company, its affiliates, general contractors and their respective officers, directors, employees and agents from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of actions, claims, demands, settlements, judgments, and other exposures (including but not limited to the cost of defense, settlement, and reasonable attorney’s fees), of whatever type or nature, including but not limited to damage or destruction to property, injury (including death) to any person or person arising out of or related to installations by or on behalf of Field Technician , including, but not limited to, claims alleging negligence on the part the Company for selecting Field Technician .  This provision does not apply to any currently pending claims, demands or litigation pending at the time of the execution of this Agreement.

1. Non-Compete Agreement .  The Field Technician agrees that upon the termination of this contract and notwithstanding the cause of termination, The Field Technician shall not compete with the business of The Company or its successors or assigns, and shall not directly or indirectly, as an owner, officer, director, employee, consultant, or stockholder, engage in the a business substantially similar or competitive to the business of The Company. This non-compete agreement shall extend for a radius of 100 miles from the designated service area of Panhandle Pro Services, Inc., and shall be in full force and effect for 1 year, commencing with the date of the termination of The Field Technician’s contract.

1. Entire Agreement . This Agreement constitutes the entire agreement between the parties and correctly sets forth the rights, duties, and obligations of all of the parties as of its date. Any prior agreement, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect.

1. Termination . The Company has the right to change or terminate this contract at any time, without notice.