EMPLOYMENT LIABILITY. 7.1 The Buyer Member acknowledges that Traktion Technologies is not in a position to manage the employment status of Seller Members, who acknowledge that Traktion Technologies does not, in any way, supervise, direct, or control the contractor member’s work or services performed on Projects in any manner. Traktion Technologies does not set Seller Member's work hours and location of work. Traktion Technologies will not provide Seller Member with training or any equipment, labour or materials needed for a Project or otherwise. 7.2 Traktion Technologies will not deduct any amount for withholding, unemployment, Social Security, or other taxes as it would in the case of an employee. Members will be solely responsible for all tax returns and payments required to be filed with or made to HMRC or any local tax authority with respect to Seller Member's performance of services on Projects. 7.3 Buyer Members will not seek to exercise any control over the Seller Members and may not require an exclusive relationship with a Seller Member. A Seller Member is free at all times to provide services to persons or businesses other than the relevant Buyer Member, including any competitor of the Buyer Member. 7.4 Accordingly, the Members assume responsibility for and agree to save Traktion Technologies harmless and jointly and severally agree to indemnify Traktion Technologies in respect of all any liabilities, arising out of or in connection with their Project, including but not limited to: 7.4.1 Claims that the Seller Member was misclassified as an independent contractor or; 7.4.2 Claims that the Buyer Member was somehow a sub-contractor of Traktion Technologies; or 7.4.3 Claims that Traktion Technologies was otherwise an agent for either Member, 7.4.4 Any liabilities arising from a determination by a court, arbitrator, government agency or other body that Seller Member was misclassified as an employee (including, but not limited to, taxes, penalties, interest and legal fees), 7.4.5 Any claim that Traktion Technologies was an employer or joint employer of Seller Member, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.
Appears in 2 contracts
Samples: Traktion Platform Agreement, Traktion Platform Agreement
EMPLOYMENT LIABILITY. 7.1 The Buyer Member acknowledges that Traktion Technologies The Work Crowd is not in a position to manage the employment status of Seller Members, who acknowledge that Traktion Technologies The Work Crowd does not, in any way, supervise, direct, or control the contractor member’s work or services performed on Projects in any manner. Traktion Technologies The Work Crowd does not set Seller Member's work hours and location of work. Traktion Technologies The Work Crowd will not provide Seller Member with training or any equipment, labour or materials needed for a Project or otherwise.
7.2 Traktion Technologies The Work Crowd will not deduct any amount for withholding, unemployment, Social Security, or other taxes as it would in the case of an employee. Members will be solely responsible for all tax returns and payments required to be filed with or made to HMRC or any local tax authority with respect to Seller Member's performance of services on Projects.
7.3 Buyer Members will not seek to exercise any control over the Seller Members and may not require an exclusive relationship with a Seller Member. A Seller Member is free at all times to provide services to persons or businesses other than the relevant Buyer Member, including any competitor of the Buyer Member.
7.4 Accordingly, the Members assume responsibility for and agree to save Traktion Technologies The Work Crowd harmless and jointly and severally agree to indemnify Traktion Technologies The Work Crowd in respect of all any liabilities, arising out of or in connection with their Project, including but not limited to:
7.4.1 Claims that the Seller Member was misclassified as an independent contractor or;
7.4.2 Claims that the Buyer Member was somehow a sub-contractor of Traktion TechnologiesThe Work Crowd; or
7.4.3 Claims claims that Traktion Technologies The Work Crowd was otherwise an agent for either Member,
7.4.4 Any any liabilities arising from a determination by a court, arbitrator, government agency or other body that Seller Member was misclassified as an employee (including, but not limited to, taxes, penalties, interest and legal fees),
7.4.5 Any any claim that Traktion Technologies The Work Crowd was an employer or joint employer of Seller Member, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.
Appears in 1 contract
Samples: Community Agreement
EMPLOYMENT LIABILITY. 7.1 The Buyer Member acknowledges that Traktion Technologies is not in a position to manage the employment status of Seller Members, who acknowledge that Traktion Technologies does not, in any way, supervise, direct, or control the contractor member’s work or services performed on Projects in any manner. Traktion Technologies does not set Seller Member's work hours and location of work. Traktion Technologies will not provide Seller Member with training or any equipment, labour or materials needed for a Project or otherwise.
7.2 Traktion Technologies will not deduct any amount for withholding, unemployment, Social Security, or other taxes as it would in the case of an employee. Members will be solely responsible for all tax returns and payments required to be filed with or made to HMRC or any local tax authority with respect to Seller Member's performance of services on Projects.
7.3 Buyer Members will not seek to exercise any control over the Seller Members and may not require an exclusive relationship with a Seller Member. A Seller Member is free at all times to provide services to persons or businesses other than the relevant Buyer Member, including any competitor of the Buyer Member.
7.4 Accordingly, the Members assume responsibility for and agree to save Traktion Technologies harmless and jointly and severally agree to indemnify Traktion Technologies in respect of all any liabilities, arising out of or in connection with their Project, including but not limited to:
7.4.1 Claims that the Seller Member was misclassified as an independent contractor or;
7.4.2 Claims that the Buyer Member was somehow a sub-contractor of Traktion Technologies; or
7.4.3 Claims that Traktion Technologies was otherwise an agent for either Member,
7.4.4 Any liabilities arising from a determination by a court, arbitrator, government agency or other body that Seller Member was misclassified as an employee (including, but not limited to, taxes, penalties, interest and legal fees),
7.4.5 Any claim that Traktion Technologies was an employer or joint employer of Seller Member, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.
Appears in 1 contract
Samples: Traktion Platform Agreement