STAFFING SERVICES AGREEMENT

STAFFING SERVICES AGREEMENT

THIS AGREEMENT is entered into as of ___________date  by and between The Contractor M/s XYZ Pvt. Ltd. (THE CONTRACTOR M/S XYZ) and The Company, Hyderabad.

RECITALS

A.           THE COMPANY , located at Hyderabad, and wishes to contract with THE CONTRACTOR M/S XYZ for providing professional or high skilled staff.

B.           ___________________________ Pvt. Ltd. (THE CONTRACTOR M/S XYZ), located at ______________________________ , Hyderabad - 500000, is willing to provide services of high skilled professional staff to THE COMPANY.

Now, therefore, THE COMPANY and THE CONTRACTOR M/S XYZ hereby agree as follows:

AGREEMENT

 

1. SERVICES

 

Upon request by THE COMPANY, THE CONTRACTOR M/S XYZ shall use its best efforts to assign temporary, supplemental personnel (hereinafter referred to as “STAFF”) to THE COMPANY in full compliance with all the provisions of this AGREEMENT.  THE CONTRACTOR M/S XYZ shall carefully screen STAFF to determine their qualifications and competence prior to referring STAFF to THE COMPANY.  This screening by THE CONTRACTOR M/S XYZ  shall include, but not be limited to, obtaining all pertinent information (hereinafter referred to as “PREASSIGNMENT SCREENING INFORMATION”) concerning the past employment, certifications, education, and professional skills of STAFF.  All PREASSIGMENT SCREENING INFORMATION shall be made immediately available to THE COMPANY by THE CONTRACTOR M/S XYZ upon request.

This AGREEMENT does not constitute an exclusive engagement of THE CONTRACTOR M/S XYZ services by THE COMPANY, or a promise by THE COMPANY to meet any or all of its supplemental staffing needs through THE CONTRACTOR M/S XYZ.  THE CONTRACTOR M/S XYZ is not hereby prohibited from assigning STAFF to other entities, and THE COMPANY is not hereby obligated to use THE CONTRACTOR M/S XYZ exclusively or at all.  To the contrary, THE COMPANY is free to use or not use THE CONTRACTOR M/S XYZ as it deems fit in its sole discretion.

THE CONTRACTOR M/S XYZ agrees to provide THE COMPANY with competent personnel (hereinafter referred to as “QUALIFIED STAFF”) as requested by THE COMPANY to meet THE COMPANY’S supplemental staffing needs.  QUALIFIED STAFF shall have very good work experience in the specialty area to which they would be assigned with THE COMPANY.

1. REQUESTS FOR STAFF AND SCHEDULING

THE COMPANY shall use its best efforts to request for STAFF at least (9) hours prior to the applicable reporting time.  If THE COMPANY requests a particular worker, THE CONTRACTOR M/S XYZ shall assign that resource to THE COMPANY if the resource is available, satisfies the criteria for QUALIFIED STAFF and is ready, willing and able to work.

The determination that STAFF does not satisfy the criteria of QUALIFIED STAFF or is otherwise incapable of performing assigned work shall be made in good faith by and in the sole discretion of THE COMPANY.  THE COMPANY shall immediately inform THE CONTRACTOR M/S XYZ once such a determination is made, and THE COMPANY shall be provided with new STAFF by THE CONTRACTOR M/S XYZ prior to thirty (30) days

All STAFF assigned to THE COMPANY by THE CONTRACTOR M/S XYZ shall be employees of THE CONTRACTOR M/S XYZ and THE CONTRACTOR M/S XYZ shall be sole responsible for satisfying all state wage and hour requirements applicable to said STAFF, including assuring full compliance with all applicable codes and regulations. Overtime, premium pay and all employee benefits are the sole responsibility of THE CONTRACTOR M/S XYZ as the employer of STAFF.

1. EMPLOYMENT STATUS OF STAFF

 

THE CONTRACTOR M/S XYZ hereby represents and warrants that STAFF assigned by THE CONTRACTOR M/S XYZ to THE COMPANY under this AGREEMENT are assigned solely as independent employees of THE CONTRACTOR M/S XYZ and are not working simultaneously under any other arrangement or agreement which would make them or cause them to be considered primarily as employees or agents of THE COMPANY or any entity affiliated with THE COMPANY while providing services hereunder.

1. HIRING QUALIFICATION AND DICIPLINE OF STAFF

 

STAFF supplied by THE CONTRACTOR M/S XYZ shall be appropriately screened by THE CONTRACTOR M/S XYZ.  THE CONTRACTOR M/S XYZ may use skills certification, testing and/or other methods to verify the qualifications of STAFF as it relates to performing work with THE COMPANY. STAFF will professionally, ethically and diligently carry out their responsibilities hereunder in order to serve the best interest of THE COMPANY.The staff should always carry a valid ID card of THE CONTRACTOR M/S XYZ and maintaining punctuality by the staff is the responsibility of THE CONTRACTOR M/S XYZ.

1. TERMS AND TERMINATION

 

The term of this AGREEMENT shall be for six (6) months beginning on the effective date.  Both parties agree that this AGREEMENT shall automatically renew for additional six (6) months terms unless terminated, in writing, by THE COMPANY, sixty (60) days prior to its expiration.

                                   i.          Either party may terminate this AGREEMENT at any time, for any reason, upon 60 day’s                written notice to the other party.

                                 ii.          Termination of this AGREEMENT shall not affect any right or obligation of either party    that has accrued prior to such termination.

1. FEES AND INVOICING

 

                                   i.          Monthly rates that will be charged to THE COMPANY are listed in Attachment “A”.

                                 ii.          These rates shall be effective for six (6) months, beginning on the effective date of this        AGREEMENT.  Attachment “A” is subject to re-negotiation ever renewal period of this   AGREEMENT.  During such negotiations, the most recent rate structure shall remain in       effect until a new structure is agreed upon.

                                iii.          THE CONTRACTOR M/S XYZ shall invoice THE COMPANY on monthly basis.

                               iv.          THE CONTRACTOR M/S XYZ shall invoice advance payment for 1 month before the services provided.

                                 v.          The credit terms for invoices under this AGREEMENT shall be net fifteen (15) days.  Any                invoice that is unpaid fifteen (15) days shall accrue late charges in the amount of one     (4%) per month until paid.

                               vi.          OVERTIME: Any schedules on Holidays or weekends is considered overtime and paid as                one-half of the applicable rate of normal working day.

 

                              vii.          STAFF will be provided with 22 days of annual holidays per year subject to a maximum               of 2 days per month, all including Government holidays.

                            viii.          Additional leaves over and above the specified leaves will be unpaid.

                               ix.          If there is any discrepancy of facts with regards to the qualification, work experience and competence of the staff, fees for the period serviced will not be paid.

                                 x.          If the staff stops the work or is absent for a long duration the same needs to be replaced with someone competent immediately to carry out the work smoothly, else THE CONTRACTOR M/S XYZ needs to bear with the losses incurred.

1. INTEGRATION

This document contains the entire AGREEMENT between the Parties hereto and super cedes any and all prior negotiations, commitments, agreements and understanding between the parties.  The language of this AGREEMENT shall control all attachments hereto unless otherwise stated.  No representations or warranties, whether expressed or implied, have been made by any party except as expressly stated herein.

1. GOVERNING LAW

The validity, performance, construction and interpretation of this AGREEMENT shall be governed by the State of Andhra Pradesh.

1. NOTICES

 

Any notice to be made in connection with this AGREEMENT shall be made in writing and shall be deemed effectively given when delivered in person or sent by registered or certified mail by one party to the other party, as follows:

THE COMPANY,

Hyderabad.

THE CONTRACTOR M/S XYZ

Hyderabad.

1. ASSIGNMENT

Neither of the parties may assign any rights nor delegate any duties hereunder without the express written consent of the other party.

1. SEVERABILITY

If any part of this AGREEMENT is held by a court or arbitrator to be invalid, void or un enforceable, the remaining provisions will nevertheless continue in full force and effect.

1. RELATIONSHIP OF THE PARTIES

THE CONTRACTOR M/S XYZ will perform the services and duties hereunder as an Independent contractor and not as an employee, agent, partner of, in joint venture with THE COMPANY.

      IN WITNESS, WHEREOF, both parties have executed this AGREEMENT on

      the dates written below:

      THE CONTRACTOR M/S XYZ, Hyderabad.                                                               THE COMPANY, Hyderabad.

      Signed: _________________________              Signed: ___________________

      Date:    _________________________                              Date:    ___________________             

 

 

 

 

 

 

 

 

Attachment “A”

 

 

SCHEDULE OF RATES

Sl No.

Resource

Description

Quantity

Unit Price

Line Total

1

Resource 1

One resource with 7+ years of experience who can develop independently and can mentor the team leads.

1

_____ Rs CTC Per Month

_______

2

Resource 2

4+ years of experience who can develop and lead the small teams.

1

_________ Rs CTC Per Month

_______

3

Resource 3

4+ years of experience who can develop and lead the small teams.

1

____ Rs CTC Per Month

_____