THE COMPANY Stafftronix International Services Corporation “THE COMPANY” is a registered corporation of the Republic of the Philippines (Republic of the Philippines Securities and Exchange Commission Registration #CS2019003804) which provides offshore outsourced staffing and other services in the Philippines, and the buyer is “THE CUSTOMER”. This entire agreement is subject to the Laws of the Philippines and that of the Clients registered nation. All Amounts listed are in USD dollars.
Service fees billed by THE COMPANY are for payment of government mandatory wages and benefits of THE COMPANY’S contractors and employees, infrastructure, office rental, and THE COMPANY’s management fee. As such, THE CUSTOMER recognizes the importance of such payments and ensures that adequate funds shall be made available to meet all contractual obligations as and when they fall due. THE COMPANY reserves the right to increase service fees annually by 5% or Philippine CPI, whichever is the higher of the two (2).
Remote staffs are staffs contracted by THE COMPANY that have been selected by THE CUSTOMER to work directly for THE CUSTOMER on a daily basis from staff’s personal residence or home office.
In-Office staff is staff directly employed by THE COMPANY and housed in one of THE COMPANY’S offices.
1-Contract Term – The contract terms are set out in “the agreement”. The Customer will pay for initial period of service at inception of agreement, thereafter will not be held to any legally binding minimum service term, but continue on a month to month basis.
1.2–The start dateThe start date refers to the actual date the Customer and the STAFFTRONIX INTERNATIONAL SERVICES CORPORATION staff commences training on the officially designated users account and is stated in “the agreement.” Upon Automatic renewal, unless this agreement is month-to-month, in which case Stafftronix International Service Corporation reserves the right to increase the rate term by no more than five percent.
2.1 – Amount & Frequency – Payment amounts and frequency are set out “the agreement” OR are chosen by THE CUSTOMER during at the shopping cart.
2.2 – Method -Payments will be auto-‐debited from THE CUSTOMER’s nominated credit/debit card or bank account as per the method during sign- up. Completing this agreement Authorizes THE COMPANY to debit THE CUSTOMERs chosen card/account for the life of this agreement and at any stage after the conclusion of this agreement to recover any outstanding monies owing by THE CUSTOMER after either THE CUSTOMER or THE COMPANY has canceled the agreement. THE CUSTOMER also Authorizes Stafftronix International Service Corporation to charge the CUSTOMER’S nominated back-up card should initial payment fail. In the event a nominated back-up card is not provided, THE CUSTOMER Authorizes THE COMPANY to charge as initial payment a security deposit equal to the amount of two weeks service.
2.3 – Failed (“skipped”) Payments
THE CUSTOMER will be responsible for ensuring payments are made on a timely basis. Failed, skipped or late payments will incur a 5% late fee and THE COMPANY reserves the right to reallocate THE CUSTOMERS outsourced staff to other clients and its hours to other clients of THE COMPANY.
2.4- Exchange rate fluctuations– The pricing in these terms and conditions is based upon the exchange rate between the Peso and the USAD Dollar being at least equal to 51:1.
2.5 American Express – All payment methods using American Express cards will be assessed a 4% surcharge. Should the exchange rate change such that the Peso fall below the Benchmark Rate THE COMPANY reserves the right to amend Auto-payments and/or invoices to reflect the new market exchange rate. THE COMPANY uses the exchange rates specified on http://www.xe.com/currencyconverter/ in making such calculations.
3 – Staff solicitation – Should THE CUSTOMER attempts to solicit or solicits the services of a THE COMPANY’s contractor, staff, employee or previous employee, staff or any employee or contractor engaged in work for THE CUSTOMER, THE CUSTOMER Authorizes THE COMPANY to charge a fee equivalent to 12 months of service. This Authorizes THE COMPANY to bill this to THE CUSTOMER’S nominated credit card or bank account. Should this payment not be forthcoming within 7 days of notification of the breach, THE CUSTOMER agrees to pay interest at 10% per month, calculated monthly plus any collection or legal fees.
4 – Outsourced Staff(s) Working hours & Leave
4.1 Leave – The Outsourced Staff(s) is based in the Philippines and is contractually entitled to 10 paid days per annum to be given for annual leave and five (5) days for sick leave. Annual leave accrues monthly from the agreement start date. The Customer shall continue to pay for services during annual leave and sick leave at the usual contract rate as if the employee was working and as such there is no refund for contractually entitled annual leave and sick leave.
For part-time staffing (Staffing on Demand), the allocated hours per month will be available every month irrespective of the virtual employees leave credits.
4.2 – Public Holidays – In line with the USA public holiday system, Outsourced Staff(s) are not required to work THE CUSTOMERS’ national public holidays.
4.3 – Over-time – Over-time
will be automatically billed to The Customer’s account on or after the 5th of the month for the preceding month’s overtime.
The CustomerPre-Authorizes this amount to be debited from their nominated debit/credit card or bank account.
4.4- Unused staffing hours rollover – Any unused staffing hours will accumulate indefinitely. These hours will only be applicable and therefore consumable for existing CUSTOMERS and not for previous customers or customers who have suspended or downgraded their accounts.
5 – Cancelling this agreement This is a minimum term agreement that is only cancellable inside the minimum agreement term because of poor performance by the designated staff as noted in clause 5.1.
5.1 Cancelling due to poor performance. This can only be done by way of 2 written email warnings coursed through THE CUSTOMER’s Account Manager no less than 7 days apart from each other.
52 – Method of cancellation –Cancellation will only be accepted by way of written notice via email to THE CUSTOMERS’ designated account manager. THE CUSTOMER agrees to pay all remaining balances, included remaining of initial On-boarding fees.
Upon cancellation of this agreement, THE CUSTOMER agrees to forfeit any discounts applied offered by THE COMPANY at time of sale, the difference to be paid out to THE COMPANY from or based on form of payment documented in “The Agreement.”
Both THE COMPANY and THE CUSTOMER agree to keep the Confidential Information confidential and not disclose it to any person except with the consent of the disclosing party, or if required to do so by law. This obligation extends for the period of this agreement and does not lapse upon termination. Both THE CUSTOMER and THE COMPANY mutually agree that they will not do or permit any act or thing which might in any way impair the good will or rights that the other party has in relation to its trademarks and/or intellectual property, or which might otherwise prejudice or damage the reputation of either party, its trademarks or its intellectual property. THE COMPANY recognizes that all intellectual property including the trademarks or other trademarks, registered designs, patents and copyright belonging to THE CUSTOMER remain the property of THE CUSTOMER and, if required, THE COMPANY is granted a limited license in such intellectual property to allow it to carry out its obligations under this agreement. For the avoidance of doubt, THE COMPANY shall have the right to reference its relationship to THE CUSTOMER including all Authorized testimonials, in its public outreach efforts. THE COMPANY shall have no ownership rights to THE CUSTOMER’s intellectual property or any improvements to the intellectual property including but not limited to any modifications, enhancements, or derivatives of the intellectual property developed and/or arising after the date hereof beyond the rights provided to THE COMPANY under this clause.
8 – Indemnity
THE CUSTOMER agrees to release, indemnify, defend and hold harmless THE COMPANY, its directors, stockholders officers, employees and staffs against all losses, damages, expenses, liabilities and costs of whatever nature (including legal costs on a Solicitor/lawyer and own client basis) which it or they incur or suffer as a result, whether directly or indirectly, of any breach of this agreement by THE CUSTOMER.
9 – Termination
9.1 – Effect of Termination
Upon termination of this Agreement and these Terms and Conditions, all rights granted to THE CUSTOMER will terminate and revert to THE COMPANY as applicable. On expiration or termination of this Agreement, all monies due to THE COMPANY under this Agreement shall become payable immediately to THE COMPANY.
9.2 – Rights to Survive Termination
Termination of this Agreement shall not release either party from any liability or right of action which at the time of expiry or termination has already accrued to either party or which may thereafter accrue in respect of any act or omission prior to such expiry or termination. Such rights shall include but not be limited to the recovery of any monies due under this Agreement.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. No changes to may be applied to this agreement in any way between the periods of December 1 to January 10 in any given calendar year will be accepted.
11 – Assignment
A party may not assign the rights of a party pursuant to this Agreement nor may the obligations of a party be subcontracted.
12 – Waiver
Any waiver or forbearance by THE COMPANY in regard to the performance of the Terms and Conditions by THE CUSTOMER shall not affect the existence and continued applicability of the provisions of these Terms and Conditions.
Should you wish to visit the offices of Stafftronix International Service Corporation to meet or train your virtual employee(s), a formal request must be sent in writing to your account manager. If your request is granted, under no circumstances shall you meet with your virtual employee(s) outside of the office. Should you meet with your virtual employee(S) outside the office or seek/request the personal details (phone number, Facebook, Twitter etc.) of your virtual employee(s), your contract will be terminated and the twelve (12) months service fee for staff solicitation will be immediately payable
14- Entire Agreement
This Agreement: Is the entire Agreement and understanding between the parties on everything connected with the subject matter of this Agreement; and supersedes any prior Agreement or understanding on anything connected with that subject matter; and supersedes any agreement that may be entered into by THE CUSTOMER and a staff member of THE COMPANY