Independent Contractor Agreement – Software Development
This Independent Contractor Agreement (“Agreement”) is made and entered into by and between, Kimson Wong (“Contractor”) and Five Tier, Inc. (“Client”).
- Engagement of Services. Contractor will provide Client with the following services:
Software Development Services for Real Time Rewards application per design and workflow documentation and current setup in the project’s respective application format.
- Compensation. Client shall pay Contractor $13.50 per hour due on or before the first Friday following the end of any week in which Contractor performs services for Company. Contractor shall send an invoice prior to payment being issues outlining hours worked and deliverables completed. Client shall pay contractor via Paypal accounts from Five Tier, Inc. to Kimson Wong.
- At-Will Contract. This agreement is an open-ended at-will contract that can be terminated at any time by Client or Contractor without financial penalty or other penalties to either party.
- Independent Contractor Relationship. Contractor’s relationship with Client will be that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship. Contractor will not be entitled under this Agreement to any of the benefits that Client may make available to its employees, including but not limited to group health insurance, life insurance, profit-sharing, retirement benefits, paid vacation, holidays or sick leave, or workers’ compensation insurance. No part of Contractor’s compensation will be subject to withholding by Client for the payment of any social security, federal, state or any other employee payroll taxes. Contractor may perform the services required by this Agreement at any place or location and at such times as Contractor shall determine. Contractor agrees to provide all tools and instrumentalities, if any, required to perform the services under this Agreement.
- Ownership of Property. Contractor acknowledges and agrees that all documents and code produced by Contractor, including but not limited to source code, memoranda, research notes, correspondence, emails, pleadings, and reports in the course of his work for Client, shall be the property of Client, and Contractor shall retain no ownership, interest, or rights therein.
- Governing Law. This Agreement shall be governed in all respects by the laws of the United States of America, by the laws of the Philippines, and all applicable international cooperation between the two countries on worker’s rights and intellectual property protections.
- Severability. If any provision of this Agreement is held by a court of law to be illegal, invalid or unenforceable, (a) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (b) the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
Agreed to this 12th day of January 2018.