Terms & Conditions of Assignment (3.1)
“Staffing Firm” means Burnett Specialists in all locations, except the Dallas / Fort Worth Metroplex, where we operate under the name Choice Specialists.
“SE” means Staffing Firm employee assigned to Client.
“Client” means the company using the services of Staffing Firm and SE.
Staffing Firm’s business is assigning SEs to perform services for our Clients. We agree as follows in respect to the use of SE unless this “Agreement” is amended or replaced by another agreement. Together we agree to the following:
1. Client will supervise SE and control or safeguard their premises, processes, and/or systems.
2. Client will NOT, without Staffing Firm’s express prior written approval, entrust SE with unattended premises, cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments, or other valuables.
3. Client will NOT use or permit SE to use any vehicle, regardless of ownership, in connection with the performance of services for Client unless Staffing Firm has given its express prior written approval.
4. Client will NOT make substantial changes to SE job duties or risks without Staffing Firm prior approval.
5. Client will provide SE with a safe work site. Client is primarily responsible for compliance with OSHA and comparable state laws and regulations to the extent those laws apply to SE assigned to Client facilities.
6. Client and Staffing Firm affirm they are equal opportunity employers. Client and Staffing Firm agree to conduct a thorough investigation if a claim of discrimination or harassment is made against either party.
7. Client and Staffing Firm agree that for purposes of all statutory and regulatory requirements or laws for employee leaves of absence, including the Family and Medical Leave Act, Client and Staffing Firm shall cooperate in such compliance.
8. Client will notify Staffing Firm in writing by registered mail concerning any claim Client is making concerning SE within 30 days of claim occurrence or such claim shall be unenforceable.
9. Staffing Firm will invoice Client for services provided on a weekly basis. Client approval of Staffing Firm timesheets certifies that the hours shown are correct and that the work was performed to Client satisfaction and authorizes Staffing Firm to bill Client for the hours worked by the SE.
10. Client agrees to pay net upon receipt of invoice, and to pay late charges on any unpaid balances after 30 days from the date of invoice at the rate of 1.5% per month or the maximum legal rate, whichever is lower, plus all reasonable collection costs.
11. Staffing Firm is an Independent Contractor, and not an employee of Client. Staffing Firm is responsible for payment of all taxes, including federal, state, and local, except any sales, use or similar tax, and all applicable Federal, State and City minimum wage and overtime laws arising out of Staffing Firm activities under this Agreement. Any sales, use or similar tax will be added to Staffing Firm invoices to Client. Staffing Firm is compliant with The Affordable Care Act and provides health care coverage to eligible employees.
12. Should Client not be satisfied with SE for any reason, Client will not be charged for up to 8 hours of service. It is expressly understood by Client that Burnett is not responsible for the work product of SE beyond this 8-hour guarantee.
13. Staffing Firm makes no representation, warranties, or guarantees, expressed or implied, without limitations. Staffing Firm checks references for its purposes only. Any required reference checks, criminal background checks and drug tests are the sole responsibility of the Client.
14. For Accounting and Engineering Professionals assigned to Client, Client understands Staffing Firm is not a professional accounting or engineering firm, and it is expressly understood and agreed that SE is not authorized to render an opinion on behalf of Staffing Firm or Client while on assignment for Staffing Firm.
15. After Client evaluates the performance of SE on the job, Client may employ SE directly after paying Staffing firm a conversion fee and provided that Client has paid Staffing Firm for all services of such SE. The final hiring decision, reference checking, and employment or education verification is the responsibility of Client. Client agrees to hold Staffing Firm harmless for any and all claims or liabilities which results from Client hiring SE. A signed Fee Agreement will supersede the rates below.
a. For Information Technology, Accounting and Professional SEs, the conversion fee is our standard fee based on the SE’s annual base salary less a service credit.
b. For all other SEs hired by Client, the conversion fee is our standard fee based on the SE’s annual salary less a service credit.
c. A service credit is available when Client pays in full all outstanding staffing invoices for the SE. The service credit is billing less payroll and related payroll expenses of the SE. Once the service credit is equal to or greater than the conversion fee, the liquidation fee is zero to hire the SE.
d. Should Client (1) refer SE to affiliated companies, subsidiaries, division associates or business friends and such referral results in SE being employed in any manner by such referral; (2) hire SE as an independent contractor; or (3) use SE through another staffing service, Client will pay Staffing Firm the appropriate fee in (a) or (b) above.
e. Should Client hire the SE within 365 days from the last date SE was assigned to Client by Staffing Firm, Client shall pay Staffing Firm the appropriate fee in (a) or (b) above.
16. Staffing Firm agrees to defend, indemnify and hold Client harmless from all claims, actions, demands, losses and causes of action arising from:
a. Injury, including death, to SE to the extent, proportion, and degree that such injury, including death, results from the negligence or willful acts of Staffing Firm, its employees, or agents; provided however, nothing stated herein shall in any way affect the rights, responsibilities and duties of Staffing Firm under Workers’ Compensation Laws.
b. Damage to property of Client or any other person, to the extent, proportion, and degree that such damage results from the negligence or willful acts of Staffing Firm, its employees or agents, in connection with the Services provided herein.