Common use of AGREEMENT AND DURATION Clause in Contracts

AGREEMENT AND DURATION. 2.1 Concept agrees to purchase and the Freelancer agrees to provide the Services in accordance with the terms of this Agreement. 2.2 This Agreement is a contract for services between Concept and the Freelancer for the performance of the Services by the Freelancer for the Client. This Agreement shall not be construed as a contract of employment between the Freelancer or any representative of the Freelancer supplied to carry out the Services and either Concept or the Client, and any of the liabilities of an employer arising out of an Assignment and/or the provision of the Services shall be the liabilities of the Freelancer. 2.3 This Agreement shall commence on the date of signature of the parties and shall, subject to termination in accordance with clause 10, continue indefinitely. 2.4 Unless otherwise agreed in writing by Concept, commencement of the Services for the Client shall be deemed acceptance by the Freelancer of the terms of this Agreement. 2.5 The Freelancer warrants that he/she carries on a professional or business undertaking and that the Client is a client or customer of the Freelancer. He/she further warrants that he/she accepts that, as such, he/ she is not an agency worker as defined under the AWR or a temporary work agency within the meaning of the AWR and that the AWR do not apply in relation to this Agreement or any Assignment under this Agreement. Accordingly, the Freelancer is outside the scope of the AWR and shall not be entitled to equality in basic employment and working conditions or access to collective facilities and amenities of the Client pursuant to the AWR. The Freelancer shall indemnify and keep indemnified Concept (or, as the case may be, the Client) against any Losses Concept (or the Client) may suffer or incur as a result of any claim brought under the AWR. 2.6 The Freelancer acknowledges to Concept that the Services are supplied to Concept as an independent contractor and that accordingly the responsibility of complying with all statutory and legal requirements relating to the Freelancer (including the payment of taxation) shall fall upon and be discharged wholly and exclusively by the Freelancer. 2.7 Nothing in this Agreement shall render the Freelancer an employee or worker of either Concept or the Client. The Freelancer shall not hold himself/herself out as an employee or worker of either Concept or the Client. In the event that any person should seek to establish any liability or obligation upon Concept on the grounds that the Freelancer is an employee or worker of Concept or the Client, the Freelancer shall upon demand indemnify Concept and keep it indemnified in respect of any such liability or obligation and any related Losses which Concept or the Client shall incur. 2.8 Subject to any provision to the contrary in the Specification, the Freelancer shall provide the Services and subject to the prior written approval of the Client (which will not be unreasonably withheld or delayed) shall be entitled to assign or sub-contract the performance of the Services provided that Concept and the Client are reasonably satisfied that the assignee or sub-contractor has the required skills, qualifications, resources and personnel to provide the Services to the required standard and that the terms of any such assignment or sub-contract contain the same acknowledgements under and obligations imposed by this Agreement. 2.9 Save as otherwise stated in this Agreement, the Freelancer shall be entitled to supply his/her services to any third party during the term of this Agreement provided that this in no way conflicts with or is to the detriment of the supply of his/her services to the Client or amounts to a breach of this Agreement. 2.10 The Freelancer shall, subject to any provision to the contrary in the Specification, be permitted to determine how he/she will provide the Services and, subject to complying with any reasonable operational requirements of the Client, will have the flexibility to determine the number of hours required to provide, and the times during which he/she will provide, the Services. The Freelancer will be at liberty to determine the location at which the Services will be provided, but where the Services are undertaken at the Client’s site, the Freelancer will comply with any reasonable requirements relating to working hours, and any other operational requirements in relation to that site.

AGREEMENT AND DURATION. 2.1 Concept agrees to purchase and the Freelancer Supplier agrees to provide the Services in accordance with the terms of this Agreement. 2.2 This Agreement is a contract for services between Concept and the Freelancer Supplier for the performance of the Services by the Freelancer Supplier for the Client. This Agreement shall not be construed as a contract of employment between any of the Freelancer Supplier’s Personnel or any representative of the Freelancer Supplier supplied to carry out the Services and either Concept or the Client, and any of the liabilities of an employer arising out of an Assignment and/or the provision of the Services shall be the liabilities of the FreelancerSupplier. 2.3 This Agreement shall commence on the date of signature of the parties and shall, subject to termination in accordance with clause 10, continue indefinitely. 2.4 Unless otherwise agreed in writing by Concept, commencement of the Services for the Client shall be deemed acceptance by the Freelancer Supplier of the terms of this Agreement. 2.5 The Freelancer Supplier warrants that he/she carries on it and the Supplier’s Personnel are in a professional or business undertaking carried out by those individuals and that the Client is a client or customer of the Freelancerthese individuals. He/she It further warrants that he/she it accepts that, as such, he/ she no member of the Supplier’s Personnel is not an agency worker as defined under the AWR or AWR, that the Supplier is not a temporary work agency within the meaning of the AWR and that the AWR do not apply in relation to this Agreement or any Assignment under this Agreement. Accordingly, the Freelancer is Supplier and/or the Supplier’s Personnel are outside the scope of the AWR and shall not be entitled to equality in basic employment and working conditions or access to collective facilities and amenities of the Client pursuant to the AWR. The Freelancer Supplier shall indemnify and keep indemnified Concept (or, as the case may be, the Client) against any Losses Concept (or the Client) may suffer or incur as a result of any claim brought made by or on behalf of any member of the Supplier’s Personnel under the AWR. 2.6 The Freelancer Supplier acknowledges to Concept that the Services are supplied to Concept as an independent contractor and that accordingly the responsibility of complying with all statutory and legal requirements relating to the Freelancer Supplier’s Personnel (including the payment of taxationtaxation and compliance with the immigration laws applicable to the jurisdiction in which the Services are provided) shall fall upon and be discharged wholly and exclusively by the FreelancerSupplier. 2.7 Nothing in this Agreement shall render any member of the Freelancer Supplier’s Personnel an employee or worker of either Concept or the Client. The Freelancer Supplier shall not hold himself/herself ensure that none of the Supplier’s Personnel holds themselves out as an employee or worker of either Concept or the Client. In the event that any person should seek to establish any liability or obligation upon Concept on the grounds that the Freelancer is Supplier’s Personnel are an employee employee/ employees or worker worker/workers of Concept or the Client, the Freelancer Supplier shall upon demand indemnify Concept and keep it indemnified in respect of any such liability or obligation and any related Losses which Concept or the Client shall incur. 2.8 Subject to any provision to the contrary in the Specification, the Freelancer Supplier shall provide the Services and subject to the prior written approval of the Client (which will not be unreasonably withheld or delayed) shall be entitled to assign or sub-contract the performance of the Services provided that Concept and the Client are reasonably satisfied that the assignee or sub-contractor has the required skills, qualifications, resources and personnel to provide the Services to the required standard and that the terms of any such assignment or sub-contract contain the same acknowledgements under and obligations imposed by this Agreement. 2.9 Save as otherwise stated in this Agreement, the Freelancer Supplier shall be entitled to supply his/her its services to any third party during the term of this Agreement provided that this in no way conflicts with or is to the detriment of the supply of his/her its services to the Client or amounts to a breach of this Agreement. 2.10 The Freelancer Supplier shall, subject to any provision to the contrary in the Specification, be permitted to determine how he/she it will provide the Services and, subject to complying with any reasonable operational requirements of the Client, will have the flexibility to determine the number of hours required to provide, and the times during which he/she it will provide, the Services. The Freelancer Supplier will be at liberty to determine the location at which the Services will be provided, but where the Services are undertaken at the Client’s site, the Freelancer Supplier will comply with any reasonable requirements relating to working hours, and any other operational requirements in relation to that site.