1099 Agreement

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Parties:

  • SIMORGH SERVICE OWNER: Simorgh Service Group LLC, LLC with its registered office at 364 E Main Street Suite 1001 Middletown DE- 19709 DELAWARE U.S.A., Delaware, hereinafter referred to as Simorgh Service.
  • CONTRACTOR: [Independent Contractor’s Full Legal Name/Trade Name (if applicable)], [Independent Contractor’s Full Address], located in [Contractor’s State] (hereinafter referred to as “Contractor”).

Introduction:

Simorgh Service operates an online Simorgh Service that connects customers’ cleaning service requests with independent cleaning professionals. Contractor represents that it has the necessary skills, experience, and equipment, and agrees to provide cleaning services offered through Simorgh Service as an independent contractor.

  1. Simorgh Service’s Role:

Simorgh Service is an intermediary that brings clients and Contractors together. Simorgh Service is not a direct party to the provision of cleaning services and assumes no responsibility for the quality, timing or completion of the services provided by the Contractor.

  1. Independent Contractor Status:

The parties expressly acknowledge and agree that the Contractor is an independent contractor and not an employee of Simorgh Service. This Agreement does not create an employer-employee relationship. In particular, the following is confirmed, considering Delaware law:

  • The Contractor has significant freedom to determine its own hours and schedule. Simorgh Service does not exercise direct control over when or where the Contractor will work.
  • The Contractor has the freedom to determine its own cleaning methods and techniques but must comply with reasonable instructions specifically requested by the client.
  • The Contractor is responsible for obtaining and using its own equipment, materials and cleaning products (unless otherwise expressly stated by Simorgh Service or the customer) necessary for the cleaning work.
  • The Contractor has the freedom to provide services for more than one customer and to engage in other work. Simorgh Service does not restrict the Contractor’s other work.
  • The Contractor acts in its own name and on its own account and assumes all risks and responsibilities related to the conduct of its own work.
  • The Contractor is not on the payroll of Simorgh Service and is not entitled to employee benefits such as social security, unemployment insurance, health insurance.
  • The Contractor is responsible for its own tax liabilities (income tax, self-employment tax, etc.) and Simorgh Service will not withhold any taxes on behalf of the Contractor. Simorgh Service will report payments made to the Contractor to the IRS on Form 1099-NEC.
  1. Provision and Acceptance of Services:
  • Customers will submit cleaning service requests through Simorgh Service.
  • Simorgh Service may notify the appropriate Contractors of these requests.
  • The Contractor has the right to accept or reject the work offered at its own discretion.
  • The Contractor is obliged to complete the work accepted professionally, on time and in accordance with the customer’s expectations.
  • The Contractor may communicate with the customers through the communication channels determined by Simorgh Service.
  1. Fees and Payment:
  • Fees paid by the customers will be calculated according to the rates determined by Simorgh Service. Simorgh Service reserves the right to change these rates from time to time.

The payment to be earned by the Contractor is the amount remaining after deducting the 10% commission or fee deduction determined by Simorgh Service.

  • Payments will be made weekly by Simorgh Service every Monday after the services are completed and approved by the customer, according to the payment method specified by the Contractor in Simorgh Service.
  • Simorgh Service will provide the Contractor with regular information about the payment processes and details.
  1. Simorgh Service’s Rights:
  • Simorgh Service has the right to provide, operate and develop its services.
  • Simorgh Service has the right to collect, use and store user records, service requests and other relevant data.
  • Simorgh Service has the right to monitor and evaluate the Contractor’s use of the Simorgh Service and customer feedback.
  • Simorgh Service has the right to suspend or terminate the Contractor’s access to the Simorgh Service if the Contractor violates the provisions of this Agreement or acts in a manner that may damage the reputation of Simorgh Service.
  • Simorgh Service reserves the right to unilaterally change its pricing policies, terms of service and this Agreement from time to time. Any changes will be notified to the Contractor via Simorgh Service or other means of communication. The Contractor’s continued use of the Simorgh Service shall be deemed to have accepted such changes.
  1. Contractor’s Responsibilities:
  • The Contractor shall perform all services in accordance with applicable laws, regulations and professional standards.
  • The Contractor must be respectful, professional and honest in its interactions with customers.
  • The Contractor is responsible for complying with the communication rules and procedures determined by Simorgh Service.
  • The Contractor is responsible for taking all necessary precautions for its own safety and health.
  • The Contractor is responsible for ensuring that all information (profile information, contact information, etc.) provided on Simorgh Service is accurate and up-to-date.
  1. Confidentiality:

The Contractor agrees not to disclose to third parties the customer information obtained while using and providing services to Simorgh Service and the trade secrets and confidential information of Simorgh Service. This obligation continues after the termination of this Agreement.

  1. Intellectual Property:

Simorgh Service is the sole owner of all intellectual property rights of Simorgh Service, including its design, software, content and trademarks. The Contractor cannot claim any rights over these rights other than using Simorgh Service.

  1. Indemnification:

The Contractor hereby indemnifies and agrees to indemnify Simorgh Service, its affiliates, directors, employees and agents, from and against any and all losses, damages, injuries, third party claims, legal expenses and other losses and damages arising out of the Contractor’s acts, omissions, defaults or breach of this Agreement. This indemnification liability is limited to those resulting from the Contractor’s negligence.

  1. Insurance:

The Contractor is responsible for maintaining in effect the appropriate insurance policies (e.g., general liability insurance) necessary for the operation of its business. If requested by Simorgh Service, the Contractor will provide evidence that such insurance policies are in effect. Your state laws may require employers to provide occupational hazard insurance for their employees in certain circumstances. Proper classification of independent contractor status is therefore critical.

  1. Term and Termination of the Agreement:
  • This Agreement shall enter into force upon Contractor’s registration with and acceptance of the Simorgh Service and shall continue to be valid for as long as Contractor continues to use the Simorgh Service.
  • Simorgh Service may terminate this Agreement immediately and on the same day at any time and for any reason upon written notice to Contractor.
  • Contractor may terminate this Agreement by closing the Simorgh Service account.
  • If either party materially breaches any provision of this Agreement and fails to cure such breach within 3 days of written notice, the other party may terminate the Agreement immediately.
  • In the event of termination of the Agreement, payments to which Contractor has already completed and is entitled shall be made.
  1. Applicable Law and Dispute Resolution:

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware. Any dispute between the parties shall be resolved primarily through good faith negotiations. If negotiations fail to reach a resolution, the dispute shall be resolved in a court of competent jurisdiction in Delaware.

  1. Entire Agreement:

This Agreement constitutes the entire agreement between the parties and supersedes all prior oral or written agreements. Any changes or additions to this Agreement must be in writing and notified to Contractor by Simorgh Service (e.g., by posting on the Simorgh Service or by acceptance of an updated agreement).

  1. Electronic Communications:

Contractor agrees that Simorgh Service may communicate with Contractor electronically (e-mail, in-Simorgh Service messages, etc.). Such communications shall be deemed valid for all purposes, including legal notices.

  1. No Assignment:

Contractor may not assign its rights and obligations under this Agreement to any third party without the prior written consent of Simorgh Service. Simorgh Service may freely assign this Agreement.

Acceptance:

By registering for and/or using Simorgh Service, Contractor declares that it has read, understood and accepted all the terms and conditions of this Independent Contractor Agreement.

  1. Prohibition on Customer Communication and Non-Simorgh Service Business:
  • Contractor is obligated to conduct all communication with customers provided through Simorgh Service only through Simorgh Service’s communication channel platform. Contacting customers via phone, email, social media or other direct communication methods is strictly prohibited.
  • Contractor agrees not to do business directly with any customer met through Simorgh Service during and after the term of this Agreement. This prohibition includes Contractor providing services directly to the customer by entering into a non-Simorgh Service agreement or referring the customer to another service provider.
  • Violation of this clause will be deemed grounds for immediate termination of this Agreement.
  • In case of breach, Simorgh Service reserves the right to claim any damages it may suffer (lost commission income, loss of customers, etc.) from the Contractor.

Simorgh Service has the right to file a lawsuit to recover damages for damages arising from this violation. The Contractor agrees to pay Simorgh Service’s reasonable attorney fees and court costs in the event of a violation of this article.

  1. Brand Usage:
  • While providing services to customers through Simorgh Service, the Contractor is obliged to visibly wear Simorgh logo t-shirts provided by Simorgh Service for $15.
  • The Contractor is obliged to visibly attach the logos (magnets, stickers, etc.) provided by Simorgh Service for $54 on the vehicle used while providing the service.
  • The Contractor is obliged to refrain from any behavior that will damage the brand image of Simorgh Service.
  • Simorgh Service will provide the logo t-shirts and vehicle logos to the Contractor for a fee and will continue to use these materials as long as it works with Simorgh Service. In the event of termination of the contract, the Contractor cannot use these materials.
  • Simorgh Service reserves the right to set brand usage standards and to demand compliance with these standards.
  1. Audit and Quality Control:

Simorgh Service reserves the right to evaluate customer feedback and, if necessary, audit the Contractor’s performance in order to ensure the quality of the services provided and compliance with the provisions of this Agreement.

Acceptance:

By registering with Simorgh Service and/or using Simorgh Service, the Contractor declares that it has read, understood and accepted all the terms and conditions of this Independent Contractor Agreement, especially Articles 16 and 17, which regulate communication with the customer outside of Simorgh Service and the use of the brand.

CONTRACTOR This application has been made online, and the contract is deemed to have been signed electronically when the form is sent to us.

SIMORGH SERVICE OWNER Simorgh Service Group LLC