BlackThumb Solutions, inc

Independent Contractor Agreement


This Independent Contractor Agreement for Call Center Support Services is dated ___ September 24, 2021  _____ and is between BlackThumb Solutions (“Support Company”) and ___[esiggravity formid="7" field_id="1" display="value" ]____. (“Authorized User”). Collectively, Authorized User and Support Company will be referred to as the “parties" and individually as a “party”.

In consideration of the mutual covenants included in this Independent Contractors Agreement, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

A. INDEPENDENT CONTRACTOR RELATIONSHIP:

  1. The Authorized User is not employed by Support Company, Arise (“Arise”) or any Client the Authorized user chooses to provide Client Support Professional services to. The Authorized user is an independent contractor and will be responsible for paying applicable Federal, State, or local taxes.
  2. The Authorized User understands that they can be engaged in an independently established trade, occupation, profession, or business and are allowed to represent competitors and also hold other full time occupations.
  3. The Authorized User understands that they are not obligated to service only Support Company and may provide services to other clients in the same field of work.
  4. Support Company will not pay for or reimburse Authorized User for any travel or business related expenses.
  5. The Authorized User is responsible for paying their own medical and dental insurance and are not eligible for unemployment, overtime or benefits. The Authorized User is responsible for their own retirement savings.
  6. The Authorized User is responsible for any fees incurred related to operating their business. The Authorized User understands that they may incur a loss by investing in their own equipment, home office space and certification.
  7. The Authorized User agrees to hold and maintain any state or local business license that may be required, and if necessary, any occupational license, insurance or bonding. To see what license(s) your State requires as a Sole Proprietor please visit http://www.nolo.com/legal-encyclopedia/50-state-guide-establishing-soleproprietorship.html.
  8. The Authorized User will receive a Form 1099 in January the following year for tax purposes and must report all earning for self-employment with to IRS.
  9. Each party acknowledges and agrees that it is, and will at all times during the term of this Independent Contractor Agreement be deemed, an independent contractor of the other party. Each party will have exclusive control of the manner, means, location and details of accomplishing the services that it contracts to provide under this Independent Contractors Agreement and neither party may control the manner in which the other party meets its contractual obligations

B. PLATFORM USAGE FEES:

  1. Authorized User agrees to pay Support Company a usage fee (the “Platform Usage Fee”) on a bimonthly basis for the Support Company services of $__19.75__ for the length of the full term of the Statement of Work. Authorized User agrees to pay Support Company a bimonthly usage fee for the Arise services (the “Arise Platform Usage Fee”) of $19.75. If the Authorized User does not earn enough to cover the usage fee, the amount owed will be deducted from the following invoice. Support Company will invoice Authorized User and Authorized User will pay the Platform Usage Fees on a bi-monthly basis (the “Invoice Periods”). The Invoice Periods will be the 1st to the 15th of each month and the 16th to the end of the month. Payments are distributed on the 1st and the 15th following the invoice period. If the date falls on a holiday or weekend payments are distributed on the first business day prior by electronic deposit.

C. RIGHT TO TERMINATE:

  1. The Authorized User has the right to end their relationship with the person/company for whom the services are performed at any time the Authorized User wishes. The Authorized User has the right to end their relationship with the Support Company at any time the Authorized User wishes.
  2. If The Authorized User is performing services for a client and has not finished the project (“Statement of Work”) before terminating its relationship with the Support Company or the Support Company terminates its relationship with the Authorized User for any reason before the project is completed, up to a $___0___ termination fee will be incurred by the Authorized User and will be deducted from the final invoice. The termination fee will be figured by the amount of Support Company usage fee’s that were yet to be paid to the Support Company by the Authorized User for the signed SOW period maxing out at $___0___. If the final invoice does not cover the termination fee, that balance will remain owed and deducted from future invoices until fully paid or paid by PayPal, check or money order directly to the Support Company by the Authorized User. Any unpaid debts will be sent to collections after 90 days of non-payment.

D. REQUIRING COMPLIANCE WITH INSTRUCTIONS:

  1. The Authorized User is not required to comply with instructions about when, where,and how the Authorized User is to work.

E. CERTIFICATION REQUIREMENTS:

  1. Training is not provided by Support Company. Certain certification requirements must be met in order to meet the demands of the client that the Authorized User chooses to provide services to. The Authorized User pays for the certification required to obtain the specialized skills that are needed for this type of work. It is the Authorized Users choice to receive the needed certifications to obtain the needed specialized skills in order to be able to provide the appropriate services to the client that the Authorized User chooses from the client offerings board. Certifications do involve an investment on the Authorized Users part as a contractor and Support Company does not pay for any certification for any Authorized User.
  2. Authorized User understands that the client they choose may require additional certifications in order to remain compliant with the industry demands and standards. These additional client skilled certifications are typically free of charge and unpaid.
  3. The Authorized User understands that if they choose not to continue with a certification course, withdraw from a course within 10 days of the start of the course, do not pass certification or are removed from certification for any reason, Support Company may release the Authorized User from BlackThumb Solutions for at least 90 days from the end date of the certification course. The Authorized User may be allowed to return after the 90 days and enroll in a new client course offering.
  4. The Authorized User understands that any special discounts including vouchers that are given to The Authorized User will be recouped on the final invoice if The Authorized User does not complete and pass certification and has not actively serviced the client for at least 30 days. If the Authorized User does not have enough to cover the amount, the Authorized User will submit payment to the Support Company via PayPal, check or money order within 30 days of the course end date. Any unpaid debts will be sent to collections after 90 days of non-payment.

F. SERVICES RENDERED PERSONALLY:

  1. Due to the Non-Disclosure agreement and Master Services Agreement the Authorized User signed between the Authorized User and Client(s) the Authorized User is not able to outsource their work.

G. CONTINUING RELATIONSHIP:

  1. All client offerings posted on the Support Company website are considered temporary. The client will offer between a 30 to 90 day contract to Support Company and the Authorized User is able to choose to provide services for that contract or not as an independent contractor. When the Support Company’s contract ends, the client still may need the Authorized Users services and may offer a new contract for up to 90 days. There is no guarantee the Support Company will be offered a new contract. The Authorized User may choose to service more than one client and may choose to service any client outside of Support Company and its Clients.

H. SET HOURS OF WORK:

  1. The Authorized User does not have set hours of work. The Authorized User may choose their own schedule and have full control of when the Authorized User provides services based on the clients’ needs. The Statement of Work between the client and Support Company may indicate some minimum hourly expectations but these expectations are not required of the Authorized User by Support Company.
  2. Full Time work is not required. The Authorized User may choose to service client(s) part time or full time and it is completely at the Authorized Users discretion.
  3. Support Company does not pay by the Hour, Week, or Month. The Authorized User is paid by performance by actively providing services to the client by the minute or by the call. Each Statement of Work will indicate what that client is offering as the project's performance compensation. It is the Authorized Users sole discretion to choose the client and fully understand the performance compensation being offered prior to servicing. The client sends the payment for services to Arise, then Arise sends the payment for services to Support Company. Support Company will then deduct the service fees and forward the payment to the Authorized User.

I. DOING WORK ON CERTAIN PREMISES:

  1. The Authorized User can provide services from anywhere including to but not limited to a home office space. It is at the Authorized Users sole discretion as to how, when or where services are to be provided to the client the Authorized User chooses.

J. REVIEW MEETINGS:

  1. Support Company does not require the Authorized User to provide any written or oral reports. The clients may request enhancement sessions, have online review meetings or monitor the Authorized Users performance and give tips on how to improve. None of these meetings or online sessions are mandatory and are completely voluntary to attend.

K. FURNISHING TOOLS AND MATERIALS:

  1. Support Company will not furnish any tools or materials needed to perform any job or servicing opportunity. It is up to the Authorized User to provide their own equipment, servicing space, means to service and any materials needed to provide services to the client(s) the Authorized User chooses to provide services to.

L. INVESTMENT

  1. The Authorized User understands that this type of work does require a significant investment in order to provide services to the clients on the client certification board. Some of the investments that need to be made are the following but not limited to: Computer that meets the technical requirements; Wired mouse and keyboard; Headset for certification class; Phone system with noise cancelling headset; Hardwired dedicated internet; Dedicated telephone line; Office space (Can be anywhere); Client certification course which can be an investment up to $299.
  2. The Authorized User understands that the Authorized User can realize a profit or suffer a loss as a result of the Authorized Users services, and suffer economic risk. It is at the Authorized Users sole discretion to invest in a certification, pass the certification and pick intervals. If the Authorized User chooses to not finish certification, not pass certification or chooses not to service any intervals after certification, then it is possible the Authorized User will suffer a loss of the certification course cost and any equipment purchased to provide services. If the Authorized User does certify and does choose to service intervals, it is possible that the Authorized User will realize a profit.

M. CONFIDENTIALITY:

  1. The Authorized User will never disclose confidential or proprietary information about Support Company, Arise or any client affiliate of Arise to anyone outside of Arise Support Company.

N. MISCELLANEOUS

  1. The Authorized User also understands and agrees that if the Authorized User chooses to leave Support Company and become their own IBO with Arise for a period of five (5) years thereafter, after the termination thereof, regardless of the reason for the Authorized User termination, will not, directly or indirectly, on their own behalf or on behalf of or in conjunction with any person or legal entity, recruit, solicit, or induce, or attempt to recruit, solicit, or induce, any Independent Contractor of Support Company, to terminate their Independent Contractor relationship with Support Company. Nor will the Authorized User interfere with Support Company’s relationship with any such persons, or endeavor to entice them away from Support Company, or aid any other person(s) in enticing them away from Support Company.

O. PRIOR AGREEMENT

  1. This Agreement supersedes and replaces any and all previous Independent Contractor agreements between the parties.

The parties have caused this Independent Contractors Agreement to be executed by their duly authorized officers as of the date set forth above.

 

Authorized User                                                                                    Support Company

Name:___[esiggravity formid="7" field_id="1" display="value" ]_____                                                                                          Name: Brandilyn Cox
Title: Customer Service Agent                                                                   Title: CEO
Email Address: ___[esiggravity formid="7" field_id="2" display="value" ]___
Date: ___September 24, 2021___

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Signed by Brandilyn Cox
Signed On: December 29, 2019


Signature Certificate
Document name: Independent Contractor Agreement
lock iconUnique Document ID: dcc3f9b231890ff11702b1744254653ae4e24ac6
Timestamp Audit
November 24, 2018 12:13 am EDTIndependent Contractor Agreement Uploaded by Brandilyn Cox - kevin@blackthumbsolutions.com IP 73.120.29.81