Work Today Inc. Agreement to Supply Temporary Staffing
This Agreement to Supply Temporary Staffing (“Agreement”) is entered into by and between the Customer named above and Work Today Inc. (“Supplier”). The parties acknowledge that Customer has received and agreed to (i) this Agreement; and the (ii) Terms and Conditions to the Agreement to Supply Temporary Staffing (“Terms and Conditions”). The parties agree that the Terms and Conditions are fully incorporated herein.
By booking with the Supplier the Customer agrees to be bound by the Agreement and the Terms and Conditions. The Agreement and Terms and Conditions are subject to change without notice, from time to time in the Supplier’s sole discretion. The Supplier will notify the Customer of amendments to the Agreement and Terms and Conditions by posting them to this website. If you do not agree with the Agreement or Terms and Conditions do not book workers with the Supplier.
Supplier agrees to provide temporary workers to work under Customer's supervision as follows:
Guarantee: If Customer is not satisfied with any Worker for any reason, Customer will inform Supplier within two (2) hours of arrival. Customer will be billed for that Worker and Supplier will provide a replacement.
Minimum Work Day: Customer agrees to a minimum charge of four (4) hours per Worker per day. If Customer cancels any order within twenty four (24) hours prior to the assignment start time, Customer will pay the daily minimum charge for each Worker. Workers must be provided with breaks in accordance with local laws and regulations. Customer agrees to pay Workers for all break time.
Safety and Supervision: Workers shall be included in Customer's safety program and Customer will provide any necessary site-specific safety training and equipment. Customer agrees to provide site-specific safety orientation and training to all Workers at the start of an assignment. Supplier conducts a pre-employment safety screening and provides general safety awareness through its health and safety program. Supplier may provide drug and background screening, at Customer's request, for an additional fee. Customer agrees to provide Workers adequate supervision, direction, and control. Customer will determine whether Workers meet any skill, competency, license, or other requirements necessary to complete specific jobs to Customer's own satisfaction. Customer and Supplier agree to comply with all applicable laws, including those relating to health and safety. Without the prior written agreement of Supplier, Customer will not entrust Workers with the care of unattended premises, custody or control of cash, credit cards, keys, or other similar valuables or authorize Workers to operate heavy equipment or motor vehicles.
Conversion Fee: The fee for converting a Worker to Customer's payroll, or to a third party's payroll will be: $2,000 when a Worker is hired during the first 260 hours worked for Customer; $1,000 when a Worker is hired after working between 260 and 520 hours for Customer; or $200 when a Worker is hired after working more than 520 hours for Customer. Customer shall pay the conversion fee for any Worker caused to be directly or indirectly hired by Customer during such Worker's assignment or within 6 months of assignment or referral to Customer. Customer will provide prior notice of any such hiring, or pay an additional $5,000 fee for any Worker directly or indirectly hired without such prior notice.
Assignments: Supplier does not guarantee the same Worker for multiple days. Supplier will work to send the best Worker to each job site. If Worker goes over 20 minutes on his shift the Customer will be charged an additional hour.
Adjustment of Rates: The agreed hourly bill rates are subject to adjustment from time to time by Supplier to reflect increases in Supplier's actual or government mandated cost for wages, withholding amounts, governmental taxes, assessments, health care, workers' compensation insurance increases, and/or any other cause beyond the reasonable control of Supplier. Supplier will endeavor to notify Customer fourteen (14) days before the effective date of the increase in the hourly rate along with information supporting the reason for the increase. Customer may terminate this Agreement by giving written notice to Supplier prior to the effective date provided; otherwise the adjusted hourly rate will become effective on the date specified in the notice.
Time Cards: Customer will require each Worker to report daily hours worked accurately using Work Today time tracking tools, and report hours worked to Supplier as agreed. Bill rates will be increased to reflect holiday hours worked and overtime hours worked according to state or local law.
Insurance Conditions of Coverage: Each Worker is covered by Work Today's occupational accident insurance when Worker is clocked in using the Work Today time tracking tools, Worker is working under the direct supervision of the Customer, Worker is physically located at the address of the Job, and
Worker is engaged in activities as described in the Job Title, Description, and Requirements on the Work Today system. Workers are not covered under the Work Today insurance policy when they do not clock in and out or when the Customer records or revises their timesheets.
Automatic Payments: Customer will have four (4) hours from the time that each time sheet is submitted by Worker to review the time sheet and payout the worker on the Supplier's website. After four (4) hours from the submission of a complete time sheet by the Worker the hours reported on the time sheet by the Worker will be assumed to be accurate, approved on behalf of the Customer automatically, and charged to the Customer according to the bill rate including the Worker's wages for the job, the Supplier's service fees, and any additional fees charged by the Supplier.
Terms and Conditions to the Agreement to Supply Temporary Staffing
These Terms and Conditions to the Agreement to Supply Temporary Staffing (“Terms”), are incorporated within the Agreement to Supply Temporary Staffing (“Agreement”) entered into between Customer and Supplier. The parties agree that Supplier is a vendor of temporary workers (“Workers”) and Customer has requested that Supplier provide Workers to assist the Customer in the completion of Customer's business activities. The parties acknowledge that they have read, understand, and agree to all of the terms and conditions set forth below which shall be incorporated into the Agreement.
- SUPERVISION AND SCOPE OF SERVICES
- Customer understands that Supplier will not supervise its Workers and that Customer shall be responsible for supervising and directing the activities of Workers. Customer shall not allow the Workers to engage in any unsafe practice.
- Customer acknowledges that Supplier is not a licensed general contractor or subcontractor, and Supplier shall not be responsible for obligations of Customer's work or project, including (without limitation) the schedules, trade scope details, construction details, performance guarantees, product safety, or accuracy or warranties of construction. Nor shall Supplier have responsibility for materials or installation, acquiring permits, conducting safety meetings, quality control, posting signs, providing water or power, delays, defaults, or furnishing a bond. Supplier's sole warranty is the replacement of unsatisfactory Workers.
- Without the prior written agreement of Supplier, Customer will not entrust Workers with the care of unattended premises, custody or control of cash, credit cards, valuables or other similar property. Nor shall Customer allow Workers to operate machinery, equipment or motor vehicles without the prior written permission of Supplier in each occasion.
- DUTIES OF SUPPLIER
- Supplier shall pay Worker wages as due and withhold from Worker wages and promptly pay to the appropriate governmental agencies all required taxes, social security, FICA and SUTA.
- Supplier shall provide occupational accident insurance, which covers each Worker when Worker is clocked in using the Work Today time tracking tools, Worker is working under the direct supervision of the Customer, Worker is physically located at the address of the Job, and
Worker is engaged in activities as described in the Job Title, Description, and Requirements on the Work Today system.
- Supplier is an equal opportunity employer and, as such agrees to comply with Title VII, PPACA, FLSA, Executive Order 11246, the Rehabilitation Act of 1973, and the Vietnam Era Veterans Readjustment Assistance Act of 1974. Customer shall not utilize Supplier's services to avoid compliance with any of the above laws and regulations.
- Supplier complies with the Immigration Reform and Control Act of 1986, and shall complete and maintain an I-9 form for all Workers.
- DUTIES OF CUSTOMER
- Customer shall approve a time card for each Worker, or otherwise accurately report the daily hours worked by Workers.
- Customer shall require each Worker to submit a time card directly to Supplier using SMS (text message), or Worker will not be covered by Work Today insurance policy.
- Customer shall pay for billing time commencing upon the Worker's arrival at the requested time and pay overtime charges as applicable to overtime paid according to law.
- Customer shall review, approve, and pay all time sheets submitted by Workers within four (4) hours of the Worker's submission, after which point in time the time reported by the Worker in the time sheet will be assumed to be accurate, approved automatically by the Supplier, and charged to the Customer account.
- Customer shall provide credit references if requested and authorizes Supplier to obtain credit information about Customer from time to time and authorizes these references to release credit information to Supplier.
- Customer shall determine during the term of the applicable guarantee whether Workers meet Customer's skill, competency, license, experience, or other requirements, and only assign Workers duties consistent with their skills and abilities.
- Customer shall pay Supplier for the Workers provided according to the rates agreed at the time of booking. Payment shall be made in full using the payment method provided when Customer books Worker(s). Customer agrees to have the total amount for services authorized on their payment method immediately upon booking and the total amount to be charged immediately once work is complete. Customer understands that the pre-authorization of the total amount on their payment method at the time of booking is necessary to ensure sufficient funds in the Customer’s account.
- Customer will not be entitled to subcontract or assign Workers to third parties.
- SAFETY AND COMPLIANCE WITH LAWS
- Customer agrees to comply with all applicable laws and ordinances relating to health and safety on the jobsite, and agrees to include each Worker in the Safety and Health Program which covers Customer's employees in the performance of similar work and to provide Personal Protective Equipment, clothing, or devices necessary for any work to be performed or used by Customer's employees in the performance of similar work. Customer agrees to provide site specific safety orientation and training to each Worker prior to any work.
- Supplier and Customer shall comply with all applicable federal, state and local laws and regulations, including but not limited to: wage and hour, breaks and meal period regulations, the hiring and discharge of employees, Title VII and the FLSA. Supplier and Customer shall provide a workplace free from discrimination and unfair labor practices.
- Supplier is responsible for its compliance with the Affordable Care Act (“ACA”) with respect to Workers. Notwithstanding the foregoing, Supplier shall not be responsible for Customer's compliance with the ACA with respect to its own employees or Customer's use of Workers to avoid its own obligations under the ACA. The parties acknowledge that a portion of the bill rate paid by Customer includes an amount for ACA coverage for Workers if/when applicable.
- Customer shall determine and notify Supplier in writing if a prevailing wage, living wage, or any other government mandated minimum statutory wage should be paid to the Workers. Customer shall indemnify, defend, and hold harmless Supplier for any underpayment, fines, penalties, interest, attorneys' fees, and/or loss of profit margin resulting from failure to ensure compliance with any such law or this paragraph. In no event shall Customer be relieved of its primary responsibility for ensuring complete and accurate compliance with all local, state, and federal laws relating to prevailing or living wages.
- INDEMNITY AND INSURANCE
- Supplier further agrees at all times during the Agreement to self- insure or maintain in full force and effect workers' compensation and property damage insurance for the indemnity provision below.
- Except as set forth below regarding the operation of motor vehicles, to the fullest extent permitted by law, Supplier and Customer each agree to defend, indemnify, and hold the other harmless from and against claims, demands, and liabilities arising out of or in connection with the work performed for Customer by Workers, but only to the extent of the indemnifying party's negligence, if any, as proven. In the event any action to enforce the Agreement or these Terms, the prevailing party will be entitled to reasonable attorney's fees and costs.
- If Customer shall request or permit any Worker to operate any motor vehicle owned or controlled by Customer, then Customer shall maintain the following policies providing coverage for Customer's business operations and for the motor vehicles operated by Workers:
The commercial general liability and business automobile insurance shall be primary and non-contributory with insurance provided by Supplier. Customer shall furnish to Supplier certificates of insurance and additional insured endorsement naming Supplier and its Workers as additional insureds under each such policy. Insurance shall be purchased from insurance companies admitted and licensed to do business in the states in which the Customer's vehicles are to be operated and with an AM Best rating of A-VIII or greater. Customer shall also indemnify, defend, and hold Supplier and its employees, including Workers, harmless from any claims and expenses (including attorney’s fees and other expense of litigation) for bodily injury, property damage or environmental pollution asserted by Customer, its employees, agents, the owner of any such vehicles and equipment or contents thereof, or by the general public, arising out of any act or omission (regardless of negligence) by Workers in the operation or use of any such vehicles for Customer.
- commercial general liability insurance coverage of not less than $1,000,000;
- business automobile liability Insurance of not less than $1,000,000 for all owned, non-owned and hired vehicles and equipment; and
- excess liability insurance of not less than $5,000,000.