ESW STAFFING TERMS AND CONDITIONS
EXECUTEMPS SOUTHWEST, INC. (“ESW”) agrees to provide temporary staff to CLIENT on the following terms and conditions, all of which are agreed to by Client's placing an order for service with ESW.
1. Client shall be responsible for supervision of ESW’s employees who are working on assignment for Client. ESW’s employees are nonexempt hourly employees and the law requires that premium/overtime pay for hours over 40 (forty) in a pay period (our pay period starts on Saturday and ends on Friday) be compensated at 1.5 times the regular rate. ESW will charge Client premium/overtime only when an assigned employee’s work on assignment to Client, viewed by itself, would legally require premium/overtime pay and Client has authorized, directed, or allowed the assigned employee to work such overtime. Client’s bill rate for premium/overtime will be the same multiple of the regular bill rate as ESW is required to apply to the assigned employee’s regular pay rate. (For example, when federal law requires 150% [1.5 times] of pay for work exceeding 40 hours in a week [pay period], Client will be billed at 150% of the regular bill rate).
2. Client will not entrust an ESW employee with all or part of unattended premises nor with the care, custody or control of cash, negotiables, or other valuables without the prior written consent of ESW, and even with such consent will intrust such responsibility to the temporary employee only when the specific duties necessitate such activity. If computer work is involved, employees are not to be informed of any confidential access codes, or be permitted unsupervised access to confidential information, unless authorized in writing by ESW. ESW will not incur any liability as a consequence of Client entrusting cash, negotiables or other items of value to any employee of ESW, except where Client so acted with the prior written consent of ESW. It is understood and agreed that claims made under the Fidelity Bond must be reported in writing to ESW within thirty (30) days of the occurrence or ESW shall not be responsible to such claim. Client agrees to prosecute and only in the event of conviction will the bond respond with payment for the loss.
3. ESW’s employees are not permitted to operate machinery or drive any motorized vehicle (including their personal vehicle) while working for Client. Client agrees to defend, indemnify and hold harmless ESW from any claims for bodily injury (including death), loss, loss of use or property damage, arising out of the use or operation of Client’s owned, non-owned or leased vehicles, machinery or equipment.
4. Client will furnish a suitable place for ESW employees to work and agrees to comply with applicable state and federal civil rights laws, and other employment related laws as they pertain to ESW’s’ employees. ESW shall not incur any liability with respect to any alleged violation of such laws by Client. Client agrees to defend, indemnify and hold harmless ESW where ESW is made a party to any claim, arising out of Client’s alleged violations of any such law(s).
5. Client agrees to comply with all applicable laws and ordinances relating to work site health and safety, and agrees to provide employees of ESW a safe workplace, notices and training required by applicable law, safety equipment, protective clothing, and other health and safety devices necessary or required by law or used by Client’s employees in the performance of similar work. Client agrees to defend, indemnify and hold harmless ESW for claims, damages or penalties arising out of violations of applicable health and safety laws.
6. Client agrees not to advance cash or other valuables to ESW employees for any reason and waives the right to offset the value of such cash or valuables advanced or any other claim for loss or damages against any money owed to ESW.
7. Client acknowledges that ESW has a substantial investment in recruiting, training and maintaining its staff of temporary employees. Therefore, Client agrees that it shall not interfere with the relationship between ESW and its employees nor offer employment to or hire any such employee without the express written consent of ESW. Further, Client agrees not to solicit for employment, offer employment or hire any such ESW employee for a period of 180 days after the last day on which that employee was assigned to Client by ESW. If client directly or indirectly, through an affiliate, lessee, tenant, associate or through another temporary/outsourcing agency, solicits, offers employment to or hires any such employee without the express written consent of ESW or within the 180 day period specified herein, Client will pay ESW a fee which shall be assessed at the rate of 1% per $1,000 of the total annualized salary for such a position in the community, except that the minimum fee to be assessed in any case shall be $1,500, unless otherwise agreed to by ESW. The fee shall be computed based on the annual salary for such position in the local market, whether the employee is hired on an hourly, part-time or full-time basis and regardless of the salary which employee will be paid by Client. Client agrees that ESW shall determine the market rate for such position and Client shall pay the fee as determined under the formula set out herein. For example, if the market rate is determined to be $14,000, then the fee would be $1,960 (1% of $14,000 x 14).
8. Unless otherwise agreed by ESW, Client agrees to pay a cancellation fee if Client cancels an order with less than 48 hours notice to ESW, which notice must be provided during ESW’s normal business hours (Monday – Friday, 8am-5pm). The cancellation fee shall be the total charges due for the original order, the minimum charge (billing rate x 4 hours) for each employee who reports to the jobsite, or 20% of the minimum total invoice amount (i.e., if 10 employees were requested, the amount will be 10 x 4 hours x billing rate x 20%), as determined by ESW.
9. Client agrees that all invoices are due and payable within five (5) days of receipt. ESW shall have the right to assess service charges at the rate of 1 ½% per month (18% annually) for invoices which remain unpaid 30 days after the invoice date.
10. In the event that ESW brings legal action for collection of any unpaid account or takes any legal action to enforce the terms of any of the provisions of this Agreement, Client agrees to pay all costs and expenses of collection or of the lawsuit, including reasonable attorney’s fees.
Contacting Executemps Southwest
If you have any questing regarding this Terms of Service, please contact ESW Staffing.