This is an AGREEMENT between you and R&R Packaging Inc. ("R&R Solutions") ("Agreement") that defines the terms and conditions for R&R Solutions to engage you to provide services to our Clients as described in this Agreement. As used in this Agreement, the words "You," "you" and "your" mean the Independent Contractor Technician ("Technician") entering into this Agreement as a condition of becoming eligible to receive dispatch jobs ("Jobs") from R&R Solutions.
Each Job posted by R&R Solutions shall state: (a) the location where the services arfe to be performed; (b) a description of the services; (c) the required completion date; (d) the fees being paid for the services; and (e) any other specific terms.
Upon acceptance of this Agreement by the Contractor, a legally binding agreement exists between such Parties, and the terms of that Job, as modified, shall govern the provision of services required.
Contractor will be paid for the services at the rates stated in the Job. All payments to Contractor for services performed will be facilitated by by R&R Solutions. No other fees, benefits, or compensation of any kind shall be payable to Contractor. Contractor will only be paid after Contractor has:
Independent Contractor Status
Contractor is an independent contractor and not an employee of R&R Solutions. No agreements by or among R&R Solutions or Contractor shall be construed to create an employment, partnership, joint venture, or agency relationship. For purposes of verifying its independent contractor status, each Contractor expressly represents and warrants that:
Contractor will maintain worker's compensation and all other employee or worker's insurance coverage legally required in each jurisdiction in which services are performed. In the event that Contractor is eligible to opt out of the workers’ compensation requirements under the governing law and chooses to do so, then Contractor must submit a Worker’s Compensation Waiver of coverage to R&R Solutions via the XPM Portal. Contractor will also maintain commercial general liability insurance coverage with combined policy limits of at least $1,000,000, and automobile liability insurance coverage with combined limits of at least $1,000,000, or such higher amounts or additional coverage as may be set forth in a Job. Contractor hereby waives and releases any and all claims against R&R Solutions and their respective affiliates, their governors, directors, managers, officers, employees, and agents for damages, costs, expenses, or other liability resulting from an occurrence or risk for which Contractor is required to provide insurance pursuant to these Job Terms.
All information or material that has or could have commercial value or other utility in the business or prospective business of R&R Solutions, any and all technical and non-technical information, including without limitation, sales and marketing data and plans, trade secrets, product concepts, market research information, pricing and cost information, know-how, inventions, testing methods, business or financial information, research and development activities, product and marketing plans, customer and supplier information, technical data or specifications and any other confidential, technical or business information disclosed in connection with the activities contemplated by this Agreement. Confidential Information also includes all information of which unauthorized disclosure could be detrimental to the interests of R&R Solutions whether or not such information is identified as Confidential Information by R&R Solutions. By example and without limitation, Confidential Information includes, but is not limited to, the Company’s Business Plan, products, products under development or plan of operations. R&R Solutions shall own all tangible and intangible property, including but not limited to goods, equipment, documents, spreadsheets, notes, disks, text, artwork, computer software, and similar property provided to a Contractor by R&R Solutions. The Contractor agrees to deliver this property to R&R Solutions promptly upon R&R Solutions’ request, but in any event, after Contractor is finished using such property in performing the Services.
R&R Solutions may disclose information to a Contractor about their business, finances, technology, products, or services which R&R Solutions considers to be confidential and proprietary (the “Confidential Information”). Any Confidential Information disclosed to, received, or accessed by a Contractor shall be used solely for the purposes of performing the services under the Job, and shall not be disclosed to any third party without the express, written consent of the R&R Solutions. The Contractor will be obligated to protect all Confidential Information which is disclosed orally or in written form. These Job Terms impose no obligation upon a Contractor with respect to any information which the Contractor can establish by legally sufficient evidence:
Warranties and Representations
In addition to any other warranties and representations set forth in these JobTerms, Contractorwarrants and represents that:
Limitation of Liability
R&R SOLUTIONS WILL NOT BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL R&R SOLUTIONS' AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE FEES PAID TO CONTRACTOR HEREUNDER.
Contractor shall indemnify, defend, and hold R&R Solutions, to whom it provides services to, harmless from any and all losses, injuries, claims, damages, expenses and causes of action of any kind arising out of or related to the Contractors' performance of the services under a job, including, without limitation, losses or claims resulting from:
Limitation of Authority
Contractor will not have any authority to (a) bind or obligate R&R Solutions or subject R&R Solutions to any liability except as expressly provided in the Agreement, or (b) do any other act on behalf of R&R Solutions that is not expressly authorized in this Agreement.
This Agreement may be terminated by either party without advanced notice. Such termination shall not prejudice any other remedy to which the terminating party may be entitled, either by law, in equity, or under this Agreement.
This Agreement contains the entire agreement between R&R Solutions and Contractor and supersedes and cancels any and all other agreements, with respect to the matters referred to in this Agreement.
If any provision of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
The validity, enforceability, construction, and interpretation of this Agreement will be governed by the laws of the State of Arkansas, without regard to any conflict-of-law or choice-of-law rules. Contractorirrevocably waives theirright, if any, to have the laws other that the State of Arkansas apply to this Agreement.