1099 Service Agreement

WHEREAS, COMPANY wishes to obtain the professional services offered by an independent contractor; and WHEREAS, CONTRACTOR wishes to provide professional services to COMPANY under the terms and conditions set forth in this AGREEMENT; NOW, THEREFORE in consideration of the mutual promises and covenants herein contained, the parties agree to the Articles as follows: 1.SCOPE OF WORK: COMPANY does hereby retain and engage CONTRACTORin his/her professional capacity to provide housekeeping, janitorial &Maintenance services. CONTRACTOR shall be an independent contractor andshall be solely responsible for payment of all taxes and/or insurance as requiredby federal and state law.2.PERIOD OF PERFORMANCE: Either party may terminate this agreement upon1-week notice to the other. The duties of confidentiality shall remain in effectafter termination.4.EXPENSE REIMBURSEMENT. CONTRACTOR shall pay all “out-of-pocket”expenses, and shall not be entitled to reimbursement from COMPANY.5.ASSIGNMENT. CONTRACTOR’S obligations under this Agreement may not beassigned or transferred to any other person, firm, or corporation without the priorwritten consent of COMPANY.6.OWNERSHIP OF WORK PRODUCT/INTELLECTUAL PROPERTY: Allpatentable and unpatentable inventions, discoveries, ideas, source code, materials,and other intellectual property which are developed by CONTRACTOR forCOMPANY under the terms of this AGREEMENT shall belong exclusively toCOMPANY and COMPANY shall be the sole owner of all copyrights, patents,inventions, discoveries and trade secrets in the same, including the right tochange, edit, and distribute same throughout the world.7.CONFIDENTIAL INFORMATION: COMPANY agrees to make available toCONTRACTOR such information as is necessary for the fulfillment of theAGREEMENT. CONTRACTOR agrees to accept and hold CONFIDENTIALINFORMATION obtained from COMPANY in confidence at all times during andafter the termination of this AGREEMENT. CONTRACTOR shall not use nordisclose such information, unless, until and to the extent COMPANY shallconsent thereto in writing, or such information, know-how, inventions,discoveries, and ideas are or shall become generally available to the public, orsuch a disclosure is otherwise required by law.8.THIRD PARTY OBLIGATIONS: CONTRACTOR hereby represents toCOMPANY that CONTRACTOR does not have any express or impliedobligation to a third party which in any way conflicts with any ofCONTRACTOR’s obligations under this agreement. Where applicable,CONTRACTOR also represents that all employees and independent contractorsthat CONTRACTOR employs to do work for COMPANY are also bound to all ofthe provisions herein, and CONTRACTOR agrees to provide such evidence uponrequest.9.NON-COMPETE AGREEMENT. Recognizing that the various items ofInformation are special and unique assets of COMPANY that need to be protectedfrom disclosure, and in consideration of the disclosure of the Information,CONTRACTOR agrees and covenants that for a period of 2 years following thetermination of this Agreement, whether such termination is voluntary orinvoluntary, CONTRACTOR will not directly or indirectly engage in anybusiness competitive with COMPANY. This covenant shall apply to thegeographical area that includes all of the State of Alabama. Directly or indirectlyengaging in any competitive business includes, but is not limited to, (i) engagingin a business as owner, partner, or agent, (ii) becoming an employee of any thirdparty that is engaged in such business, or (iii) becoming interested directly orindirectly in any such business, or (iv) soliciting any customer of COMPANY forthe benefit of a third party that is engaged in such business. CONTRACTORagrees that this non-compete provision will not adversely affect the livelihood ofCONTRACTOR.10.RETURN OF COMPANY MATERIALS: All written information, source code,drawings, documents and materials prepared by CONTRACTOR in the course ofCONTRACTOR’s services hereunder shall be COMPANY’s sole and exclusiveproperty, and will be delivered to COMPANY at any time upon request, and inany event no later than promptly after expiration or termination of thisAgreement, together with all written information, drawings, documents andmaterials, if any, furnished by COMPANY to CONTRACTOR in connection withCONTRACTOR’s services hereunder and not consumed by CONTRACTOR inthe performance of such services.11.VACATIONS AND PAID LEAVES – THE CONTRACTOR Is not entitled toany vacation time or paid leaves, if for any reason the Contractor needs to leaveand have time off, it requires to inform the COMPANY who’s going to cover thetime off, this person needs to be on the system and approved by the COMPANYthat can perform the duties of the job.9.NON-COMPETE AGREEMENT. Recognizing that the various items ofInformation are special and unique assets of COMPANY that need to be protectedfrom disclosure, and in consideration of the disclosure of the Information,CONTRACTOR agrees and covenants that for a period of 2 years following thetermination of this Agreement, whether such termination is voluntary orinvoluntary, CONTRACTOR will not directly or indirectly engage in anybusiness competitive with COMPANY. This covenant shall apply to thegeographical area that includes all of the State of Alabama. Directly or indirectlyengaging in any competitive business includes, but is not limited to, (i) engagingin a business as owner, partner, or agent, (ii) becoming an employee of any thirdparty that is engaged in such business, or (iii) becoming interested directly orindirectly in any such business, or (iv) soliciting any customer of COMPANY forthe benefit of a third party that is engaged in such business. CONTRACTORagrees that this non-compete provision will not adversely affect the livelihood ofCONTRACTOR.10.RETURN OF COMPANY MATERIALS: All written information, source code,drawings, documents and materials prepared by CONTRACTOR in the course ofCONTRACTOR’s services hereunder shall be COMPANY’s sole and exclusiveproperty, and will be delivered to COMPANY at any time upon request, and inany event no later than promptly after expiration or termination of thisAgreement, together with all written information, drawings, documents andmaterials, if any, furnished by COMPANY to CONTRACTOR in connection withCONTRACTOR’s services hereunder and not consumed by CONTRACTOR inthe performance of such services.11.VACATIONS AND PAID LEAVES – THE CONTRACTOR Is not entitled toany vacation time or paid leaves, if for any reason the Contractor needs to leaveand have time off, it requires to inform the COMPANY who’s going to cover thetime off, this person needs to be on the system and approved by the COMPANYthat can perform the duties of the job.