GET STAFFED UP COMPLETE TERMS AND CONDITIONS

 

  1. NO GUARANTEES: Client acknowledges that GSU cannot guarantee the success of any candidate with Client.  Success depends on Client’s business culture, communication abilities, efforts in training the Staffer, and various other factors.  GSU cannot guarantee success of this program, whereas finding a great Staffer through GSU is similar to finding a great Staffer through any other means- sometimes it works out, sometimes it does not.  GSU will guarantee best efforts to ensure the success of Client and any Staffers Client hires through GSU.
  2. GSU’s OBLIGATIONS: Part of the benefit of becoming a Client of GSU is avoiding the enormous risk of labor laws in the United States.  Therefore, GSU shall be obligated to ensure the following:
    1. That GSU hires and pays Staffer(s) directly;
    2. That GSU follows all applicable labor laws of the Staffer’s home country or any other applicable jurisdiction.
  3. CLIENT’S OBLIGATIONS: In addition to timely payment of the Monthly Fee, Client agrees to the following:
    1. That Client will treat Staffer with dignity and respect, just as Client would treat any state-side Staffer; 
    2. That Client will never pay or send any direct benefit to Staffer, which could be evidence of a direct employer-employee relationship between Client and Staffer;
    3. That Client will not employ, or attempt to employ, hire or utilize as an independent contractor or have any relationship whatsoever with any Staffer or former Staffer of GSU whatsoever.  Any attempt to hire, directly or indirectly, any Staffer of GSU, by or through any entity in which Client is involved, owns, consults for, or otherwise has any affiliation with whatsoever, shall constitute a material breach of this Agreement.  The Parties agree that any material breach of this provision shall cause damages to GSU which are impossible to calculate, and therefore GSU shall be entitled to liquidated damages of $25,000.00 for each and every instance of such breach;
    4. That Client will comply with the terms and conditions of this Agreement, as well as any reasonable policies set forth by the GSU; and
    5. That Client will sign and comply with all terms of as described in “Exhibit A” attached hereto.
  4. ENFORCEMENT OF THE SERVICE AGREEMENT:
    1. Chargebacks: Client agrees that it waives any right to chargebacks.  Any dispute shall be handled per the terms of this Agreement.  
    2. No Refunds: Because GSU is obligated to pay Staffer(s) for any time worked, no refunds shall be given to Client for any hours worked by Staffer(s).  Any monies paid for a month in which Staffer did not work, however, shall be returned to Client.  
    3. Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of Nevis, without regard to principles of conflicts of law.  The Parties agree to exclusive venue and jurisdiction in Nevis.  The parties also waive the right to a trial by jury.  In any dispute by and between the Parties, the prevailing Party shall be entitled to be reimbursed its reasonable costs, fee and attorney’s fee from the non-prevailing Party.
  5. POSEIDON MANAGEMENT OF FLORIDA, LLC: Client acknowledges that GSU has hired Poseidon Management of Florida, LLC (“Poseidon Management”) to manage Clients, Staffers, effectuate billing and procedures, and otherwise manage this Agreement and the business of GSU.  Invoices and/or billing and statements shall indicate charges from Poseidon Management.  We hate it when such arrangements are not disclosed to us, and therefore we felt it important that we disclose the same to you upfront. Poseidon Management is not a Party to this Contract, however, and has no liability, duties or responsibilities to Client, whatsoever, as an affiliated company to Get Staffed Up.  All duties and obligations granted by GSU under this Agreement are owed to Client solely by GSU.  Performance of the duties by Poseidon Management shall be considered by GSU, who may terminate its relationship with Poseidon at any time and hire another management company. Any attempt by Client to sue, or otherwise hold responsible Poseidon Management for the performance of this Agreement, or for any other duties or responsibilities whatsoever, shall be sanctionable and shall entitle Poseidon, and/or GSU to treble damages, if allowable under the law.
  6. LIABILITY FOR STAFFERS:  In no event shall Get Staffed Up, LLC or its affiliated companies be liable for any compensatory, special, direct, incidental, indirect, or consequential damages, exemplary damages or any damages whatsoever resulting from loss of use, data, information or profits arising out of or in connection with the use or performance of Staffers, whether or not such actions were intentional, negligent, or within the scope of Staffers employment with Get Staffed Up.  Get Staffed Up provides no warranty or guarantee of work of the Staffers, and just like hiring United States employees, using offshore Staffers has risks.  It is the responsibility of Client to ensure proper measures are used to protect Client’s business practices, the same as Client would with any other employee or contractor with access to sensitive or proprietary information.
  7. NON-DISCRIMINATION: Client agrees that client will not discriminate in its selection or utilization of Staffers on the basis of race, color, national or ethnic origin, ancestry, age, religion or religious creed, disability or handicap, sex or gender (including pregnancy), gender identity and/or expression, sexual orientation, military or veteran status, genetic information, or any other characteristic protected under applicable laws.   
  8. SEVERABILITY:  This Agreement covers the entire terms between the Parties.  Any nullification of any sections of this Agreement shall not otherwise have any effect on the remainder of the Agreement and its terms. 
  9. JOINT-EMPLOYER LIABILITY: Client acknowledges that if Client violates any laws in utilizing Staffers, including wage and hour laws, overtime laws and/or discrimination laws, that Client may be held responsible under the law as a joint-employer.  In any such instance, Client shall indemnify and hold GSU harmless. These Terms and Conditions are designed to prevent violation of any labor laws.
  10. REVISIONS AND UPDATES TO THE TERMS & CONDITIONS: Regardless of the date the Agreement was signed, GSU reserves the right to revise and update the Terms & Conditions at its discretion.
  11. WORK HOURS, NO OVERTIME:  Staffers may only work 40 hours per week.  Staffers may work up to 10 hours per day, but may not surpass the 40 hours worked mark in any Monday-Sunday time period.  
  12. SICK LEAVE: All regular Staffers are granted five (5) days of sick leave per year. Sick leave may be used when the Staffer is ill, to care for an ill family member, and for health care visits to doctors or dentists. 
  13. VACATION: Staffers will accrue 10 days paid vacation per year. 
  14. HOLIDAYS: Staffers follow the Client’s Holiday Policy.  If Staffers wish to take a day off for a Holiday in their home country, they must place a request ahead of time and, if granted by You, it counts as a day of Vacation.
  15. LUNCH, COFFEE AND REST BREAKS: Staffers are entitled to an unpaid, one-hour lunch break every day, unless otherwise agreed upon by You and your Staffer.  Daily breaks in the work routine are important for a Staffer’s well-being and productivity. Staffers are entitled to, and are encouraged to take, two paid 15-minute coffee or rest breaks per day. Breaks may be taken at Staffer’s discretion mid-morning and mid-afternoon. Rest breaks and lunch may not be combined.