Legal Question in Business Law in Florida

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Job offer!

Job Information

Job Title: Online Store Clerk Req'd Experience: Not Specified

Job Location: United States/Remote Base Pay: $3500

Employee Type: Part-time Bonus: +

You may apply now!

Please send your Resume to [email protected] and it will be forwarded to HR Department.

�West Online Goods� was founded in 2005 as a small on-line gift store. At the moment we are a major international online retailer, shipping thousands of goods to our customers worldwide.

Our main office is located in Seattle, WA. We also have a network of independent contractors throughout the USA, Canada, Europe, Eastern Asia, South America. Excellent service in any part of planet is our top priority. Therefore, our on-line store is ready to ship in any country. That advantage allows us to offer our delivery services to other on-line stores.

Employment in our company:

Currently we have several Online Store Clerks positions of our on-line store.

Regional Representative duties:

- Receiving merchandize from us and our representatives.

- Reshipping packages to customers all over the world.

- Scanning and delivery of electronic orders.

- Issuing reports for the Personal Manager.

- Maintaining on-line postage database.

Requirements:

- Age over 18 years old.

- No special experience required, paid on-work training.

- Discipline, Hardworking.

- Punctuality.

Job description:

- Stay-at-home work.

- Working hours: Monday-Friday � 9.00-18.00. Saturday and Sunday off.

- Social benefits negotiable.

- Full time

Salary:

Base salary of 2500$ for the first month, 3500$ starting from the second month.

Additional bonuses for the number of packages processed.

Your profit is up to you, the more orders you processes � the more you get paid.Hello WANDA JOHNSON,

I reviewed your application and now more than assured that you are qualified for the position of Online Store Clerk of our online store.

I have submitted your resume to our management and they also confirmed your employment. Attached to this document you will find all necessary paperwork required for your official employment ("Agreement.doc").

Print the contract and fill out all blank fields (please make sure that contact information fields are written in block letters.), sign the contract and send it back to us by fax (the number is 800-314-6073) or email ([email protected]) by using a scanner or simply taking photos of signed pages and uploading them into your computer.

Make sure you put a good contact number to reach you, since we will contact you after receiving the contract to discuss all possible questions, explain your duties and initiation process.

There is a full list of your duties and payment information notice attached to this e-mail.

Yours sincerely,

Mr. John Mitchell. West Online Store Ltd., HR Department

West Online Store Ltd.

Westlake Center

400 Pine Street

Seattle, Washington 98101-1625

ONLINE STORE CLERK AGREEMENT

This Agreement is made as of the __ day of ___________, 201__, by and between West Online Store Ltd. (Hereinafter referred to as �the Company�) and ____________________ (hereinafter referred to as �the Contractor�). As used herein, the term "Parties" shall refer to West Online Store Ltd. And ____________________ collectively.

Whereas, the Parties intend that this Agreement be entirely independent of other agreements between the Parties or that may be contemplated by the Parties, and that any payments under this Agreement be non-refundable and non-cancelable.

Therefore, the Parties agree as follows:

1. Objectives of the Agreement

The objectives of the Agreement are:

to define roles and responsibilities of the Parties;

to describe the services that the Contractor will deliver under the Agreement;

to specify the performance measures and standards to be followed by the Contractor;

to specify the performance measures and standards against which the Company is to deliver services for the Contractor;

to define the financial arrangements;

to specify the assurance process by which the Company and the Contractor can confidently rely on each other�s advice, performance and management information.

2. General Provisions

The Parties will take every opportunity to work together to promote the understanding and implementation of services under this Agreement. The Contractor has primary responsibility of the delivery of services under this Agreement to the Company.

Subject to the terms and conditions of this Agreement, the Company hereby engages the Contractor as an independent contractor to perform the services set forth herein, and the Contractor hereby accepts such engagement.

3. Service Delivery, Term of the Agreement and Compensation

The principles and values governing the relationship between the Company and the Contractor are set out in the Exhibit A, attached to this Core Agreement, being its integral part. The Contractor takes the responsibility to provide the Company with the estimate, which is later attached as Exhibit A of the present Agreement. The Exhibit A shall define the Contractor�s duties, term of engagement, compensation and provisions for payment thereof. These provisions may be negotiated and amended in writing from time to time, or supplemented with subsequent estimates for services to be rendered by the Contractor and agreed to by the Company, and which collectively are hereby incorporated by reference.

4. Reimburse of Expenses

All reasonable and approved out-of-pocket expenses which are incurred in connection with the performance of the duties hereunder shall be reimbursed by the Company during the term of this Agreement, against the bill presented by the Contractor. Alternatively the Company does not take the responsibility to reimburse the expenses for the time spent by the Contractor in traveling to and from Company facilities.

5. Reporting to the Company

The Contractor shall present to the Company monthly project plans; progress reports and a final results report summarizing all activities conduced by Contractor to date on request from the Company. A comprehensive final results report shall be due at the conclusion of the project and shall be submitted to the Company in a confidential written report at such time. The results report shall be presented in such form and contain such information and data as is reasonably requested by the Company.

6. Exclusive Property of the Company

The Contractor, by signing this Contract, expressly grants to the Company for all copyrightable material, any and all inventions, discoveries, developments and innovations conceived by the Contractor during this engagement relative to the duties under this Agreement shall be the exclusive property of the Company; and the Contractor, by signing this Contract, expressly conveys to the Company all right, title, and interest in the same to the Company. Any and all inventions, discoveries, developments and innovations conceived by the Contractor prior to the term of this Agreement and utilized by him in rendering duties to the Company are hereby licensed to the Company for use in its operations and for an infinite duration. This license is non-exclusive, and may be assigned without the Contractor�s prior written approval by the Company to a wholly owned subsidiary of the Company. No contract shall be entered into without these rights being assured to the Company from the Contractor.

7. Confidentiality

The Company and the Contractor shall identify preexisting confidential or proprietary items to be delivered under this Agreement as follows. The Contractor and the Company agree that during this Agreement, it is possible that the Contractor may develop additional data or information that the Contractor considers to be protect able as confidential information. The Contractor acknowledges that during the engagement he will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records and specifications owned or licensed by the Company and/or used by the Company in connection with the operation of its business including, without limitation, the Company�s business and product processes, methods, customer lists, accounts and procedures. The Contractor agrees that he will not disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement with the Company. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of the Company, whether prepared by the Contractor or otherwise coming into his possession, shall remain the exclusive property of the Company. The Contractor shall not retain any copies of the foregoing without the Company�s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by the Company, the Contractor shall immediately deliver to the Company all such files, records, documents, specifications, information, and other items in his possession or under his control. The Contractor further agrees that he will not disclose his retention as an independent contractor or the terms of this Agreement to any person without the prior written consent of the Company and shall at all times preserve the confidential nature of his relationship to the Company and of the services hereunder. No record which has been designated as confidential, or is the subject of a pending application of confidentiality, shall be disclosed by the Contractor.

8. Conflicts of Interest; Non-hire Provision

Contractor�s work under this Agreement for exercising the degree of skill and care required by customarily accepted good professional practices and procedures. The Contractor represents that he is free to enter into this Agreement and that this engagement does not violate the terms of any agreement between the Contractor and any third party. Further, the Contractor, in rendering his duties shall not utilize any invention, discovery, development, improvement, innovation, or trade secret in which he does not have a proprietary interest. During the term of this agreement, the Contractor shall devote as much of his productive time, energy and abilities to the performance of his duties hereunder as is necessary to perform the required duties in a timely and productive manner. The Contractor is expressly free to perform services for other parties while performing services for the Company. For a period of six months following any termination, the Contractor shall not, directly or indirectly hire, solicit, or encourage leaving the Company�s employment, any employee, consultant, or contractor of the Company or hiring any such employee, consultant, or contractor who has left the Company�s employment or contractual engagement within one year of such employment or engagement.

9. Right to Injunction

The loss of the rights and privileges granted to the Company under the Agreement cannot be reasonably or adequately compensated by any action at law, and the breach by the Contractor of any of the provisions of this Agreement will cause the Company irreparable injury and damage.

The services to be rendered by the Contractor under this Agreement are of a special, unique, unusual, and extraordinary character which gives them a peculiar value. Therefore the Contractor expressly agrees that the Company shall be entitled to injunction and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by the Contractor. Resort to such relief shall not be construed to be a waiver of any other rights or remedies that the Company may have for damages or otherwise. The various rights and remedies of the Company under this Agreement or otherwise shall be construed to be cumulative, and no one of the them shall be exclusive of any other or of any right or remedy allowed by law. Any costs for failure to meet these standards, or otherwise defective services, which require re-performance, as directed by Company or its designer, shall be borne in total by the Contractor and not the Company. In the event the Contractor fails to perform in accordance with the above standard the following will apply: Nothing contained in this section is intended to limit any of the rights or remedies which the Company may have under law.

10. Merger

Merger or consolidation of the Company into or with any other entity shall not be the reason for termination of the present Agreement.

11. Termination of the Agreement

The Company may, at its option, terminate this Agreement without cause in whole or in part, upon giving ten (10) working days advance notice in writing to the Contractor. In addition the parties agree that the Company retains the right to terminate, at once, upon the default of the Contractor and to proceed with the work required under the Agreement in any manner the Company deems proper. If the Contractor is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directive of the Company, is guilty of serious misconduct in connection with performance hereunder, or materially breaches provisions of this Agreement, the Company at any time may terminate the engagement of the Contractor immediately and without prior written notice to the Contractor. Contractor specifically acknowledges that the unilateral termination of the Agreement by the Company under the terms set forth below is an essential term of the Agreement.

12. Independent Contractor's Claims

The Contractor agrees that the Company does not take responsibility to render the latter an employee, partner, agent, or joint venture with the Company for any purpose. As the Contractor is and will remain an independent contractor in his relationship to the Company, the Company shall not be responsible for withholding taxes with respect to the Contractor�s compensation hereunder. No claim against the Company hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker�s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind from the part of the Contractor are appropriate.

13. Insurance

Within the scope of the present Agreement the Contractor will carry liability insurance (including malpractice insurance, if warranted) relative to any service that he performs for the Company.

14. Successors and Assigns

This Agreement shall be binding upon and inure to the benefit of the successors or assigns of the Parties hereto and their respective heirs, if any, successors, and assigns.

15. Governing Law

The laws of the United States of America shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto.

16. Binding Arbitration

Should the Parties fail to resolve a contract dispute or any controversies arising out of the terms of this Agreement or its interpretation, the Contractor and Company mutually may elect to have the dispute or grievance resolved through binding arbitration. The arbitration proceeding shall take place in accordance with the rules of the American Arbitration Association, and the awards judgments may be brought to any authorized court.

17. Section Headings

Section headings do not completely and accurately reflect the content of the present Agreement and therefore shall not be considered a part of this Agreement.

18. Waiver

A waiver of a breach or default under this Agreement shall not be a waiver of any other or subsequent breach or default. Failure or delay by either Party to enforce compliance with any term or condition of this Agreement shall not constitute a waiver of such term or condition.

19. Assignment

Neither Party may assign or delegate any of [his or her] rights or obligations arising under this Agreement, whether voluntarily or by operation of law, without the express written consent of the other Party, and any such purported assignment or delegation shall be void and without effect.

This Agreement shall be binding upon and inure to the benefit of the successors or assigns of the Parties hereto and, to the extent any successor or assign is not bound by operation of law, each Party shall cause such successor or assign to expressly agree in writing to be bound by this Agreement.

20. Notices

Any and all notices required or authorized hereunder shall be in writing and shall be delivered by any reasonable means, including by personal delivery, registered or certified mail, or facsimile to the address of the Party to which that notice is to be given, if deposited in the United States Postal Service mail, certified or registered, postage prepaid, return receipt requested. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five days after deposit thereof in the United States mail addressed to the party to whom such notice, demand or other communication is to be given as follows:

If to the Company:

Company Name:

West Online Store Ltd.

Address:

Westlake Center

400 Pine Street

Seattle, Washington 98101

USA

If to the Contractor:

Full Name:

________________________

Address:

________________________

Home Phone:

________________________

Cell Phone:

________________________

Email:

________________________

Should any party change its address, the written notice has to be made in advance.

21. Modification or Amendments to the Agreement

Changes to any part of this Agreement may be proposed by either party at any time and may be made with the consent of both parties. No modification or amendment to this Agreement shall be valid unless made in writing and signed by duly authorized representatives of both Parties.

22. Complete Agreement

This Agreement and the Prior Agreement contains the entire understanding of the Parties with respect to the matters contained herein and supersedes all previous negotiations, agreements and commitments related thereto. There are no promises, covenants or undertakings between the Parties other than those expressly set forth herein and in the Prior Agreement. In the event of any conflicts between this Agreement and the Prior Agreement, this Agreement shall prevail.

23. Agreement Unenforceability

Neither Party shall be liable for any delay or nonperformance of any provision of this Agreement. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain non-cancelable in full force and effect.

IN WITNESS WHEREOF the undersigned have executed this Agreement as of the day and year first written above. The parties hereto agree that facsimile signatures shall be as effective as if originals.

Name:_______________

John Walters

Sign:________________

Its: Online Store Clerk

Its: Company President

EXHIBIT A

Online Store Clerk, Term of the Agreement and Compensation

DUTIES:

The Contractor undertakes the responsibility to handling of shipment from the clients, checking the operability, integrity, processing, and conformity of goods.

He will report directly to the senior manager and to any other party designated by the senior manager in connection with the performance of the duties under this Agreement and shall fulfill any other duties reasonably requested by the Company and agreed to by the Contractor.

provisions for payment:

The Company agrees to pay the Contractor

$2500 \ per month for trial period (1 month)

$3500 \ per month by the end of trial period

westonlinestore.com

my name is Wanda Johnson

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