TERMS & CONDITIONS

 

 

 

SERVICES PROVIDED

  1. The Client hereby agrees to engage Fingo HR to provide the Client with the following services (the "Services"):

    • Fingo HR will provide all the benefits of its monthly subscription plan, which automatically renews each month from the original billing date.

Benefits of the plan include:

HR Procedures

HR Consulting

Hiring Guidance

Termination Assistance

General HR FAQ's

Employee Agreements

Disciplinary Notices

Time-off Policies

Remote-work Policies

Sick-leave Policies

Non-compete Agreements

Non-disclosure Agreements

Non-solicitation Agreements

Contractor Agreements

Benefits Administration.

 

TERM OF SERVICES

  1. The term of these Services (the "Term") will begin on the date of the first invoice and will remain in full force and effect indefinitely until terminated as provided in these Terms & Conditions.

  2. In the event that either Party wishes to terminate the services, that Party will be required to provide 15 days' written notice to the other Party.

  3. In the event that either Party breaches a material provision under this terms & conditions, the non-defaulting Party may terminate the service immediately.

  4. The services may be terminated at any time by mutual agreement of the Parties.

  5. Except as otherwise provided in this document, the obligations of the Contractor will end upon the termination of this terms & conditions.

 

PERFORMANCE

  1. The Parties agree to do everything necessary to ensure that the terms of this document take effect.

CURRENCY

  1. Except as otherwise provided in this terms and conditions, all monetary amounts referred to in this terms & conditions are in MXN (Mexican Pesos).

 

COMPENSATION

  1. The Contractor will charge the Client for the Services at the rate of $2,220.00 per month (the "Compensation").

  2. The Client will be invoiced every month.

  3. Invoices submitted by the Contractor to the Client are due upon receipt.

  4. The Compensation as stated in this terms & conditions does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation.

 

REIMBURSEMENT OF EXPENSES

  1. The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services.

  2. All expenses must be pre-approved by the Client.

PENALTIES FOR LATE PAYMENT

  1. Interest payable on any overdue amounts under this terms & conditions is at a rate of 5.00% per annum or at the maximum rate enforceable under applicable legislation, whichever is lower.

 

CONFIDENTIALITY

  1. Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.

  2. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of the services.

  3. All written and oral information and material disclosed or provided by the Client to the Contractor under this terms & conditions is Confidential Information regardless of whether it was provided before or after the date of this document or how it was provided to the Contractor.

 

OWNERSHIP OF INTELLECTUAL PROPERTY

  1. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this terms & conditions, is a "work made for hire" and will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.

  2. The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this terms & conditions except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.

 

 

 

 

RETURN OF PROPERTY

  1. Upon the expiration or termination of this terms & conditions, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.

 

CAPACITY/INDEPENDENT CONTRACTOR

  1. In providing the Services under this terms & conditions it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this document  does not create a partnership or joint venture between them and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the Term. The Contractor is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Contractor under this terms & conditions.

 

RIGHT OF SUBSTITUTION

  1. Except as otherwise provided in this terms & conditions, the Contractor may, at the Contractor's absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Contractor under this terms & conditions and the Client will not hire or engage any third parties to assist with the provision of the Services.

  2. In the event that the Contractor hires a sub-contractor:

    • the Contractor will pay the sub-contractor for its services and the Compensation will remain payable by the Client to the Contractor.

    • for the purposes of the indemnification clause of this terms & conditions, the sub-contractor is an agent of the Contractor.

 

AUTONOMY

  1. Except as otherwise provided in this terms & conditions, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the terms & conditions. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.

 

 

 

EQUIPMENT

  1. Except as otherwise provided in this terms & conditions, the Contractor will provide at the Contractor’s own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the Services in accordance with the terms & conditions.

 

NO EXCLUSIVITY

  1. The Parties acknowledge that this terms & conditions are non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.

 

NOTICE

  1. All notices, requests, demands or other communications required or  permitted by the terms of these terms & conditions will be given in writing and delivered to the Parties at the regularly used email addresses.

 

INDEMNIFICATION

  1. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this terms & conditions. This indemnification will survive the termination of this terms & conditions.

 

MODIFICATION OF TERMS & CONDITIONS

  1. Any amendment or modification of this terms & conditions or additional obligation assumed by either Party in connection with this terms & conditions will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

 

TIME OF THE ESSENCE

  1. Time is of the essence in this terms & conditions. No extension or variation of this terms & conditions will operate as a waiver of this provision.

 

 

ASSIGNMENT

  1. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this terms & conditions without the prior written consent of the Client.

 

ENTIRE DOCUMENT

  1. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this terms & conditions except as expressly provided in this terms & conditions.

 

ENUREMENT

  1. This terms & conditions will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

 

TITLES/HEADINGS

  1. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this terms & conditions.

 

GENDER

  1. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

GOVERNING LAW

  1. This terms & conditions will be governed by and construed in accordance with the laws of the State of Texas.

SEVERABILITY

  1. In the event that any of the provisions of this terms & conditions are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this terms & conditions.

 

WAIVER

  1. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this terms & conditions by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

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Fingo HR 2020