LaborBusiness Staffing Agreement Terms and Conditions
LaborBusiness, LLC, with its principal office located at 7864 Tennis Lane Colorado Springs, CO 80951 (“LaborBusiness, LLC and or LaborBusiness”), and Client (“CLIENT”) agree to the terms and conditions set forth in this Staffing Agreement (the “Agreement”).
1. Duties and Responsibilities
LaborBusiness, LLC will:
a. Recruit all potential employees in house
b. Conduct up to 3 interviews per employee
c. Schedule Interviews between job seeker and client.
d. Require Assigned Employees to sign confidentiality agreements before they begin their assignments to CLIENT.
e. Offer predetermined paid upon completion price upon successful procurement of employee for client.
1.1 Right to Control
LaborBusiness waives the right to control since we are in no way shape or form an employer. LaborBusiness does not offer any payroll services including medicare tax, social security tax, unemployment insurance, workman's compensation, benefits, employee retention, or any other cost of employment. We simply are a matchmaking service between job seeker to CLIENT and CLIENT pays upon completion of negotiated price.
2.1 Duties and Responsibilities
CLIENT will be responsible for all payroll including medicare tax, social security tax, unemployment insurance, workman's compensation, benefits and any other costs of employment. LaborBusiness is not an employer we are a matchmaking service between employee and employer and is a no cost service for the employee. CLIENT will also be responsible for employee retention. Our service does not offer employee retention and all contracts are final.
3.1 If CLIENT has provided per-authorized credit card payment, CLIENT is agreeing to pay LaborBusiness for
all successful procurement of employees immediately upon hire (unless specified otherwise in contract). LaborBusiness will send receipt to client upon processing payment. CLIENT is responsible for return fees, late charges/fees, etc. in the event payment is declined.
4.1 CLIENT will pay LaborBusiness a $250 non-refundable annual service fee before interviews will be conducted and method of payment is to remain on file and will be charged for each paid-upon-completion hire.
5.1 CLIENT will pay LaborBusiness the amount specified on contract per successful procurement of employee for CLIENT immediately upon completion. This fee is non-negotiable and non-refundable for any reason.
6.1 By signing and agreeing to terms Owner/President/Officer/CEO agrees to personally guarantee payment for services.
7.1 Both parties may receive information that is proprietary to or confidential to the other party or its
affiliated companies and their clients. Both parties agree to hold such information in strict
confidence and not to disclose such information to third parties or to use such information for any
purpose whatsoever other than performing under this Agreement or as required by law. No
knowledge, possession, or use of CLIENT’s confidential information will be imputed to
LaborBusiness as a result of Assigned Employees’ access to such information.
8.1 CLIENT is responsible for all payroll for all subcontract and direct hire referrals.
9.1 All candidates are screened through InstantCheckmate, a popular screening service, before the interview, and sometimes does not include all criminal history. Any additional background checks or qualifications beyond InstantCheckmate are to be verified by CLIENT before hire.
10.1 CLIENT will be responsible for paying for 100% of employees wages including medicare tax, social security tax, unemployment insurance, workman's compensation, benefits, and employee retention. LaborBusiness is a matchmaker between job seeker and hiring CLIENT, not an employment agency and all employment responsibilities are the sole responsibility of CLIENT.
11.1 CLIENT agrees to not hire any potential employee that LaborBusiness provides without first paying LaborBusiness in full before hire. By breaching this agreement CLIENT agrees to pay amount in full to LaborBusiness for breach of contract per employee illegally hired in breach, plus any legal fees, court fees, or collection fees. Do not breach the hiring contract, and pay for the service LaborBusiness provides upon successful completion.
12.1 To the extent permitted by law, CLIENT will defend, indemnify, and hold LaborBusiness and
its parent, subsidiaries, directors, officers, agents, representatives, and employees harmless
from all claims, losses, and liabilities (including reasonable attorneys’ fees) to the extent caused
by CLIENT’s breach of this Agreement; its failure to discharge its duties and responsibilities set
forth; or the negligence, gross negligence, or willful misconduct of CLIENT or
CLIENT’s officers, employees, or authorized agents in the discharge of those duties and
13.1 Neither party shall be liable for or be required to indemnify the other party for any incidental,
consequential, exemplary, special, punitive, or lost profit damages that arise in connection with
this Agreement, regardless of the form of action (whether in contract, tort, negligence, strict
liability, or otherwise) and regardless of how characterized, even if such party has been advised
of the possibility of such damages.
14.1 As a condition precedent to indemnification, the party seeking indemnification will inform the
other party within 7 business days after it receives notice of any claim, loss, liability, or demand
for which it seeks indemnification from the other party; and the party seeking indemnification will
cooperate in the investigation and defense of any such matter.
15.1 The provisions of this Agreement constitute the complete agreement between the parties with respect to indemnification, and each party waives its right to assert any common-law indemnification or contribution claim against the other party.
16.1 Provisions of this Agreement, which by their terms extend beyond the termination or nonrenewal
of this Agreement will remain effective after termination or nonrenewal.
17.1 No provision of this Agreement may be amended or waived unless agreed to in a writing signed
by the parties.
18.1 Each provision of this Agreement will be considered severable, such that if any one provision or
clause conflicts with existing or future applicable law or may not be given full effect because of
such law, no other provision that can operate without the conflicting provision or clause will be
19.1 This Agreement and the exhibits attached to it contain the entire understanding between the
parties and supersede all prior agreements and understandings relating to the subject matter of
20.1 The provisions of this Agreement will inure to the benefit of and be binding on the parties and
their respective representatives, successors, and assigns.
21.1 The failure of a party to enforce the provisions of this Agreement will not be a waiver of any
provision or the right of such party thereafter to enforce each and every provision of this
22.1. CLIENT will not transfer or assign this Agreement without LaborBusiness's written consent.
23.1. Any notice or other communication will be deemed to be properly given only when sent via the
United States Postal Service or a nationally recognized courier, addressed as shown on the first
page of this Agreement.
24.1. Neither party will be responsible for failure or delay in performance of this Agreement if the failure
or delay is due to labor disputes, strikes, fire, riot, war, terrorism, acts of God, or any other
causes beyond the control of the nonperforming party.
25.1 CLIENT agrees that venue in any litigation matter with any office of LaborBusiness
will be in El Paso County, in The State of Colorado. This includes but not limited to filing an
Original Petition in Suit, informal meetings, mediation. Client cannot request a change of venue
to any other state other than El Paso County, Colorado. LaborBusiness LLC office is
primarily based in Colorado Springs, El Paso County, Colorado.
Term of Agreement
26.1. This Agreement shall commence on the date of signature and shall remain in effect unless
terminated by CLIENT 10 days prior by written notice. LaborBusiness may terminate this
Agreement for convenience without notice.
By using LaborBusiness services I agree to LaborBusiness Terms of Service Agreement.