MOVING PROVIDER AGREEMENT:

Effective March 03, 2022

The jsuttonandco.com the agreement (Agreement) is by and between entered into effective as of covers the use of jsuttonandco.com J Sutton and Co moving Services LLC

1. DEFINITIONS:

As used in this Agreement the terms listed below shall have the meanings stated below, and other terms defined elsewhere will have the meanings there ascribed to them:

• “Agreement” means these terms and conditions, the schedules and any exhibits or attachment hereto.
• “In writing” or “Written Document” shall include any written communication which has been signed by a person authorized to represent the party, including, but not limited to printed 
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7. ASSIGNMENT: Subcontractor shall not assign the whole or any part of Subcontract Work or this Agreement without prior written approval of Contractor. 

13.11 BACKCHARGES: Subcontractor will promptly pay Contractor for any damage or loss that Contractor may sustain as a result of Subcontractor’s performance or failure of performance.

 

No Training. J Sutton and Co shall have no obligation to provide and shall not provide any training to Contractor in the performance of Services under this Agreement.

 

 

No Participation in any J Sutton and Co Employee Benefit Plans. You understands and agrees that you shall not be entitled to participate in any of company employee benefit plans or receive any fringe benefits, which are  available only to employees of J Sutton and Co. Company will provide any fringe benefits to itself and/or its employees.

Confidentiality/  Non-Disclosure

You agree to refrain from disclosing to any third party any details regarding the Client’s business, including any information regarding any of the Client’s customers and businesses.

The terms and conditions contained in this Contract shall constitute Confidential Information, and the recipient of the Confidential Information undertakes and agrees to keep confidential the Confidential Information by applying the same care that it would employ with respect to its own Confidential Information. The Consultant shall not disclose, transmit, or convey, wholly or partially, the confidential information to any third party without the written consent of the other party.

The foregoing notwithstanding, in the event that the recipient of the confidential information is legally compelled or required by any governmental body, court, or competent authority to disclose any such confidential information if shall promptly notify the other party so that the latter may be able to seek a protective order or avail itself of other appropriate remedies and/or waive compliance with the provisions hereof. The provisions of this section shall survive the termination of this Contract for whatever reason.

Noncompete

You shall not engage, directly or indirectly, in any capacity, to be in any competition with the Client or any of its subsidiaries, including any company engaged in the business which is in competition with the Client’s business during and upon the termination of this Agreement one (1) year thereafter.

Taxes; Documentation:

You represent that you shall be responsible for, and agree to comply with, all its obligations under applicable federal, state, and local tax laws for payment of income taxes and, if applicable, self-employment taxes and any other taxes, contributions, payments, or premiums required by law. Because Contractor is not an employee of J Sutton and Co Moving Services LLC for tax or other purposes, the Parties agree that HWS shall not withhold from Contractor any amounts for federal, state, or local taxes, nor shall HWS make any premium payments or contributions for FICA, FUTA, state unemployment insurance premiums, worker’s compensation or other similar tax, or benefit for Contractor.

. This fee shall be full compensation for all 

It is understood and agreed that J Sutton and Co Moving Services LLC may provide you with a Form 1099 in accordance with applicable federal, state, and local income tax laws. To the extent either Party is required by law to demonstrate compliance with any applicable laws, each Party agrees to cooperate with the other Party and provide the other with documentation (other than confidential business or personal information) to show such compliance.

Non-Exclusive Services: Right to Conduct Own Business. Contractor’s Services to J Sutton and Co Moving Services LLC are not exclusive, and Contractor shall have the right to provide services to other recipients, if Contractor so desires.

Indemnification

The Consultant shall be indemnified and protected by the Client from and against any lawsuit and costs of any kind in relation to the Client’s business due to any action or inaction by the Client based on the Consulting Services provided herein this Agreement. 

Conviction:

 

Survival:

 

Severability:

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Agreement Modification

No modification or alteration on this Contract shall be considered as having been made unless done with consent by the Parties and fully executed in writing and duly signed by the Parties hereto.

19 CLEANUP: Subcontractor will continuously clean the job site, and Subcontractor’s work areas will be maintained in an orderly and broom-clean condition at all times. Subcontractor will locate its materials and equipment so as to avoid interference with other trades. If Subcontractor fails to perform as required by this paragraph, Contractor may do so at Subcontractor’s expense. 

20 DESTRUCTION OR DAMAGE OF THE WORK: Subcontractor will carry its own insurance to protect it against destruction of, or damage to, the Subcontractor’s work, including stored materials not yet incorporated in the work. Subcontractor will be responsible for its work until completion of the entire project and its acceptance by the Owner. Until that time, Subcontractor has the risk of damage or loss. In the event of damage to or destruction of the work, Subcontractor will rebuild its portion of the work without additional compensation, and will look to its own resources or insurance coverage to pay for such rebuilding. Subcontractor will promptly perform rebuilding without additional compensation regardless of the pendency of any claim by Subcontractor against any other party, including Contractor, that such party is liable for damage to or destruction of Subcontractor’s work. 

21 QUALITY OF THE WORK: All materials and equipment shall be as specified and all work shall be performed by Subcontractor in a first-class and workmanlike manner. 

Indemnification. 

You hereby agree to indemnify, defend and hold harmless J Sutton and Co Moving Services LLC  (and its trustees, members, partners, officers, employees, agents, representatives, and affiliates) from and against any losses, liabilities, damages, causes of action, judgments, costs and expenses (including, but not limited to, reasonable legal fees and expenses) which result from Contractor’s negligent or intentional breach of this Agreement or from Contractor’s negligence or willful misconduct. The obligations of this Section shall survive the expiration or termination of this Agreement.

Assignment. This Agreement may be transferred or assigned by us and may not be assigned by Contractor without the prior written consent of J Sutton and Co. Moving Services LLC.

Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

Entire Agreement; Counterparts. This Agreement contains the entire agreement of the Parties. No provision of this Agreement may be changed orally; modifications may only be effected by written agreement signed by the Parties hereto and as otherwise specifically set forth herein. Signatures to this Agreement may be transmitted by facsimile or in .pdf format and in one or more counterparts, each of which shall, for all purposes, be deemed an original and fully enforceable as an original, and all such counterparts, taken together, shall constitute one and the same agreement, even though both of the Parties may not have executed the same counterpart of this Agreement.