I am working for a company and when I started I signed a contract with them, it says "SERVICE AGENT AGREEMENT"
Now I am offered a job from a company that my current company gets it's jobs from. Because I signed that contract, new company wants to know is the contract has anything can be against me working for them or the contract is non-compete contract. They wanted me to find that out and let them know.
That would be great, If someone can inform me about that.
Here is the agreement
Because it didn't fit in one form so I divided in two form. This is first one.
1
SERVICE AGENT AGREEMENT
THIS AGREEMENT embodied herein exists between ____________________________________
________________________________________________________
And
(name) ______________________________________________________ (social security#) ___________________
(address) _____________________________________ (city) ___________________________ (state) ___________
(Hereinafter “Service Agent”
The Company desires to retain the above Service Agent to provide service and support for clients provided by The
Company. Inasmuch as the above named Service Agent has expressed a desire and willingness to provide service and
support for The Company’s clients, the parties hereby agree to the following terms and conditions:
(1) APPOINTMENT. The Company appoints the Service Agent as an agent, to provide service and support for the
Company's clients.
(2)RESPONSIBILITIES. The Service Agent is responsible contacting the clients in accordance with their requests for
service and following up in accordance for the requirements and needs of the client, contacting the person
responsible for managing the clients in the morning and at the end of their last service call and at any other
time that is necessary for servicing the client.
Invoices and monies collected are due in the office no latter than Saturday of each week along
with their payments due spreadsheet. Pay for the prior weeks work will be issued on Monday providing all
the above mentioned paperwork is in and the other requirements referred to in this document are met. T
The Service Agent is responsible for notifying the Company of his/her availability or
unavailability to respond to service work. This includes holidays, vacations, time off, and weekends.
(3)CIENTS AND ACCOUNTS. The Service Agent will be provided with clients on a requests-for-service or service
contract basis. The Company reserves the right in its sole discretion to assign requests for service to the
Service Agent of its choice. Excluded from this are all house accounts being handled directly by the
Company without the use of a Service Agent, OEM accounts, and accounts currently being handled by other
Service Agents.
The Service Agent may not subcontract or assign any duties or responsibilities under this Service
Agent Agreement to a Secondary Service Agent without prior written approval of the Company.
(4) SERVICE POLICIES. Prices for and associated terms of the Company's products and services shall be established
by the Company in its sole discretion. Service policies and procedures will be those currently in effect and
established from time to time by the Company in its price lists, bulletins and other communications. The
Service Agent shall be furnished (and documented by memorandum) current pricing, service and support
policies and such other materials as deemed necessary by the Company.
(5) SERVICE ORDERS. All service orders shall be directed through the Company. All questions and/or decisions
regarding credit approvals, pricing, invoicing and product shipments shall be made by the Company, in its
sole discretion. The Company also reserves the right to decline acceptance of any service order.
Furthermore, the Company reserves the right in its sole discretion to cancel any service order at any time
after acceptance, either in whole or in part, without liability to the Service Agent.
2
(6) COMMISSIONS. The Company shall pay the Service Agent, and the Service Agent shall be deemed to have earned
as a commission on accepted and all billable service orders, an amount agree upon during hiring of the actual
net billing of the Company’s product and services excluding any taxes or transportation or other add on
charges (after deductions, adjustments or returned product). All commissions will be based on actual
amounts received by the Company from its clients in payment of invoices for service and products provided
and credited to the Sales Agent. The Company will make commission payments to the Service Agent biweekly
but not before receipt of payment from the customer. In no event shall any commissions be deemed
due and payable prior to the Company's receipt of payment from the customer for invoiced and adjusted
amounts.
(7) BEST EFFORTS. The Service Agent agrees to put forth his/her best efforts to promote the services and products of
the Company. However, nothing herein shall be deemed to authorize the Service Agent to engage and or hire the
services of another company on behalf of the Company, such rights being reserved to the Company in its sole
discretion.
If, during the term of this Agreement, should Service Agent shall sell or represent any product or
services which are competitive with the Company's products or services, such actions shall be deemed conclusive
evidence that the Service Agent is not putting forth his/her best efforts on behalf of the Company, and shall be
sufficient cause for the Company to cancel this Agreement without notice, notwithstanding other cancellation
provisions set forth herein.
(8) EXPENSES AND DISBURSEMENTS. All expenses and disbursements incurred or made by the Service Agent in
the performance of servicing and supporting the company’s clients or for otherwise performing his/her duties under
this Agreement shall be borne solely by the Service Agent.
(9) LIMITATIONS OF POWERS. The Service Agent shall not have, nor shall he/she hold themselves out as having,
the authority to make contracts or agreements on behalf of the Company, to pledge the Company's credit, or to
extend credit on behalf of the Company or in its name. Similarly, the Service Agent shall not be given authority to
offer any guarantees, warrantees or promises relating to service, support or products, provided to clients, nor shall
any such statements be acknowledged by the Company.
(10) GOODWILL, TRADEMARKS AND COPYRIGHTS. The Service Agent shall not acquire any rights to any
goodwill, trademark, copyright, tangible property or intangible property of the Company. The Company’s clients and
or contacts are the sole property of the Company.
(11) CONFLICT OF TERRITORY. In the event of a conflict between the Service Agent and another agent of the
Company claiming commissions on any service, support and or products provided to the clients, final allocation of
the commissions at issue shall be made by the Company in its sole discretion.
(12) INDEPENDENT CONTRACTOR STATUS. The Service Agent shall be solely liable for proper withholding and
payment of federal income tax, state income tax, self-employment tax, social security tax and any other applicable
tax. The Service Agent shall also be solely liable for payment of unemployment insurance and worker's
compensation insurance, together with all other taxes and insurance which may be required of self-employed,
independent contractors. The Sales Agent shall at all times maintain complete control of the form, manner and
method of his/her performance hereunder. If, for any reason whatsoever, the courts or any administrative agency or
tribunal shall determine that the Service Agent is not a self employed independent contractor, and the Company shall
incur liability as a result thereof, the Service Agent shall indemnify and hold the Company harmless for any loss,
damage or expense caused, including costs and attorney fees incurred in the collection of such reimbursement.
Nothing contained herein shall be construed to represent that an employer-employee relationship exists between the
Company and the Sales Agent.
3
(13) PROPRIETARY KNOWLEDGE. The Sales Agent agrees not to divulge to any person, company or third party,
any proprietary knowledge, trade secrets, customers lists or information concerning the Company's internal affairs
which the Service Agent may become aware of by virtue of this Agreement, or any other means, all of which is
confidential.
Now I am offered a job from a company that my current company gets it's jobs from. Because I signed that contract, new company wants to know is the contract has anything can be against me working for them or the contract is non-compete contract. They wanted me to find that out and let them know.
That would be great, If someone can inform me about that.
Here is the agreement
Because it didn't fit in one form so I divided in two form. This is first one.
1
SERVICE AGENT AGREEMENT
THIS AGREEMENT embodied herein exists between ____________________________________
________________________________________________________
And
(name) ______________________________________________________ (social security#) ___________________
(address) _____________________________________ (city) ___________________________ (state) ___________
(Hereinafter “Service Agent”
The Company desires to retain the above Service Agent to provide service and support for clients provided by The
Company. Inasmuch as the above named Service Agent has expressed a desire and willingness to provide service and
support for The Company’s clients, the parties hereby agree to the following terms and conditions:
(1) APPOINTMENT. The Company appoints the Service Agent as an agent, to provide service and support for the
Company's clients.
(2)RESPONSIBILITIES. The Service Agent is responsible contacting the clients in accordance with their requests for
service and following up in accordance for the requirements and needs of the client, contacting the person
responsible for managing the clients in the morning and at the end of their last service call and at any other
time that is necessary for servicing the client.
Invoices and monies collected are due in the office no latter than Saturday of each week along
with their payments due spreadsheet. Pay for the prior weeks work will be issued on Monday providing all
the above mentioned paperwork is in and the other requirements referred to in this document are met. T
The Service Agent is responsible for notifying the Company of his/her availability or
unavailability to respond to service work. This includes holidays, vacations, time off, and weekends.
(3)CIENTS AND ACCOUNTS. The Service Agent will be provided with clients on a requests-for-service or service
contract basis. The Company reserves the right in its sole discretion to assign requests for service to the
Service Agent of its choice. Excluded from this are all house accounts being handled directly by the
Company without the use of a Service Agent, OEM accounts, and accounts currently being handled by other
Service Agents.
The Service Agent may not subcontract or assign any duties or responsibilities under this Service
Agent Agreement to a Secondary Service Agent without prior written approval of the Company.
(4) SERVICE POLICIES. Prices for and associated terms of the Company's products and services shall be established
by the Company in its sole discretion. Service policies and procedures will be those currently in effect and
established from time to time by the Company in its price lists, bulletins and other communications. The
Service Agent shall be furnished (and documented by memorandum) current pricing, service and support
policies and such other materials as deemed necessary by the Company.
(5) SERVICE ORDERS. All service orders shall be directed through the Company. All questions and/or decisions
regarding credit approvals, pricing, invoicing and product shipments shall be made by the Company, in its
sole discretion. The Company also reserves the right to decline acceptance of any service order.
Furthermore, the Company reserves the right in its sole discretion to cancel any service order at any time
after acceptance, either in whole or in part, without liability to the Service Agent.
2
(6) COMMISSIONS. The Company shall pay the Service Agent, and the Service Agent shall be deemed to have earned
as a commission on accepted and all billable service orders, an amount agree upon during hiring of the actual
net billing of the Company’s product and services excluding any taxes or transportation or other add on
charges (after deductions, adjustments or returned product). All commissions will be based on actual
amounts received by the Company from its clients in payment of invoices for service and products provided
and credited to the Sales Agent. The Company will make commission payments to the Service Agent biweekly
but not before receipt of payment from the customer. In no event shall any commissions be deemed
due and payable prior to the Company's receipt of payment from the customer for invoiced and adjusted
amounts.
(7) BEST EFFORTS. The Service Agent agrees to put forth his/her best efforts to promote the services and products of
the Company. However, nothing herein shall be deemed to authorize the Service Agent to engage and or hire the
services of another company on behalf of the Company, such rights being reserved to the Company in its sole
discretion.
If, during the term of this Agreement, should Service Agent shall sell or represent any product or
services which are competitive with the Company's products or services, such actions shall be deemed conclusive
evidence that the Service Agent is not putting forth his/her best efforts on behalf of the Company, and shall be
sufficient cause for the Company to cancel this Agreement without notice, notwithstanding other cancellation
provisions set forth herein.
(8) EXPENSES AND DISBURSEMENTS. All expenses and disbursements incurred or made by the Service Agent in
the performance of servicing and supporting the company’s clients or for otherwise performing his/her duties under
this Agreement shall be borne solely by the Service Agent.
(9) LIMITATIONS OF POWERS. The Service Agent shall not have, nor shall he/she hold themselves out as having,
the authority to make contracts or agreements on behalf of the Company, to pledge the Company's credit, or to
extend credit on behalf of the Company or in its name. Similarly, the Service Agent shall not be given authority to
offer any guarantees, warrantees or promises relating to service, support or products, provided to clients, nor shall
any such statements be acknowledged by the Company.
(10) GOODWILL, TRADEMARKS AND COPYRIGHTS. The Service Agent shall not acquire any rights to any
goodwill, trademark, copyright, tangible property or intangible property of the Company. The Company’s clients and
or contacts are the sole property of the Company.
(11) CONFLICT OF TERRITORY. In the event of a conflict between the Service Agent and another agent of the
Company claiming commissions on any service, support and or products provided to the clients, final allocation of
the commissions at issue shall be made by the Company in its sole discretion.
(12) INDEPENDENT CONTRACTOR STATUS. The Service Agent shall be solely liable for proper withholding and
payment of federal income tax, state income tax, self-employment tax, social security tax and any other applicable
tax. The Service Agent shall also be solely liable for payment of unemployment insurance and worker's
compensation insurance, together with all other taxes and insurance which may be required of self-employed,
independent contractors. The Sales Agent shall at all times maintain complete control of the form, manner and
method of his/her performance hereunder. If, for any reason whatsoever, the courts or any administrative agency or
tribunal shall determine that the Service Agent is not a self employed independent contractor, and the Company shall
incur liability as a result thereof, the Service Agent shall indemnify and hold the Company harmless for any loss,
damage or expense caused, including costs and attorney fees incurred in the collection of such reimbursement.
Nothing contained herein shall be construed to represent that an employer-employee relationship exists between the
Company and the Sales Agent.
3
(13) PROPRIETARY KNOWLEDGE. The Sales Agent agrees not to divulge to any person, company or third party,
any proprietary knowledge, trade secrets, customers lists or information concerning the Company's internal affairs
which the Service Agent may become aware of by virtue of this Agreement, or any other means, all of which is
confidential.
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