PSI (Pet Sitters Ireland)
Limited
TERMS AND CONDITIONS FOR THE PROVISION OF PETCARE SERVICES (E.G. PETSITTING) AS
AN INDEPENDANT CONTRACTOR
Definitions
1.
“The Company” – PSI (Pet Sitters
Ireland) Limited
2.
“Pet-sitter” – individual engaged
as an Independent Contractor by the Company
3.
“Service/services” – the
provision of Pet Sitting and Dog Walking Services listed in the schedule of
services
4.
“Contract for Services” – A
contract setting out the relationship between the Company and the Pet-sitter
5.
“Terms and Conditions” – the
terms on which the Independent Contractor is engaged, as set out in this
Contract for Services
6.
“The Client Agreement” – the Pet
Sitting Service Client Agreement and Information
7.
“The Registration Form”
(Independent Contractor Application and Registration form) – The initiating
document which must be completed by the Pet-sitter providing the information
from the Independent Contractor.
TERMS AND CONDITIONS FOR THE
PROVISION OF PETCARE SERVICES (E.G. PETSITTING) AS AN INDEPENDANT CONTRACTOR
Below are the terms and conditions on which you will provide Pet-sitting
Services (‘services') on a Contract for Services.
The exact services you will provide will depend on what is agreed and the
details you enter on the Registration form (see paragraph 1).
Before you agree that you will provide the services, please read these Terms
and Conditions carefully. If you have any questions concerning them
please bring them to the attention of the Company before entering into a
Contract for Services with the Company as once these Terms and Conditions are
signed same are binding.
Content
1.
Prior to the Provision of
Services
2.
Performance of the Services
3.
Where the Services are Provided
4.
Charges and payment
5.
Termination
6.
Qualifications
7.
Possessions on the premises of
Clients
8.
Limitation and exclusion of
liability for personal injury and death imitation of Liability
9.
Contacting the Company
10.
Confidentiality
11.
Restriction on Trade
12.
Disputes
1 Prior to you providing the Services
1.1 You will complete the Pet-sitting Registration Form annexed in
Schedule one to provide the Company With the following information:
1.1.1 Your name, address, all relevant contact numbers (including Contact
numbers if the Company need to reach you in an emergency), email and any Information
the Company need to know, in particular your prior experience regarding the
provision of such services.
1.1.2 Three references from previous employers.
You will be furnished with the Company's Best Practice Manual duly setting out
Company Policy. You will be engaged under a Contract for Services in that you
will be a self employed individual. You will be responsible for your own VAT,
PAYE and all taxation issues.
1.1.3 You will set out on the Registration Form your experience regarding the
provision of such service.
1.2 You will provide to the Company any change to the information on the
Registration Form in a timely Fashion. You recognise that if you do not
provide up to date information, particularly concerning contact information,
there may be delays in contacting you in the case of an emergency.
1.3 The Registration Form also includes details for you to complete regarding
your agreement regarding:
1.3.1 What days (and times) you will be able to provide the services as per the
Company Policy;
1.3.2 The start date and the end date during which you will be performing the
Services; whether you wish to provide the Services on a long-term basis, or
occasionally, on a relief basis or for some other period;
1.3.3 The charges you agree to charge for the services provided.
2 Performance of the Services
2.1 You will be engaged as an Independent Contractor by the Company, You can
Sub-contract your tasks to another party under certain conditions, subject to
the company's approval.
2.1.1 after you have completed and signed the Registration Form; and
2.1.2 after you have signed all relevant consents;
2.1.3 after all relevant vetting has been approved;
2.1.4 you confirm your awareness of the Company Structure and the Pet-sitting
ethos as set out in the Company Policy.
2.2 You will provide your Services in relation to the Contract:
2.2.1 with reasonable care and skill;
2.2.2 in compliance with all the requirements as set out in the Company Policy
2.2.3 in compliance with all the matters and requests set out in the Client
Agreement and that comply with commonly accepted practices, standards and
Guidelines in relation to Pet Sitting as per best practice.
2.3 The provision of the Services in relation to Pet Sitting will normally
include The following:
2.3.1 Feeding and watering the pets, Bringing the pets for walks
2.3.2 Cleaning any ‘accidents' in clients homes
2.3.3 Assisting Clients in relation to property security
2.3.4 Taking out refuse at Clients property if required
2.3.5 Any other activities or tasks as agreed by you with the Client.
2.4 Where the pet is involved in an accident or suffer injury while you provide
the services you are to inform the Company as soon as possible, using the
contact information you have provided on the form. You are also to contact the
veterinary surgeon as set out in the Client Agreement. If the veterinary
surgeon for that particular pet is not available you are to contact the
emergency numbers as set out in the Client Agreement.
2.5 At times you may not be able to provide the services:
2.5.1 Emergency/short notice: if you are unable to provide the services at
short notice or because of an emergency the Company will arrange for another
Registered Pet-Sitter to provide the Services.
2.5.2 Planned non-performance: If it is planned that you will not be
Providing the Service then Services will be provided by Another Registered
Pet-Sitter or as specified in the form.
2.6 If you find difficulties with a particular pet:
2.6.1 In that the pet does not comply with your instruction and/or
2.6.2 If the pet/pets are behaving or acting unreasonably or are offensive
2.6.3 Or are causing you/others harm then you must make the client aware of
same. Do not put yourself in danger. You must then contact the Company
immediately to indicate your difficulty and the Company may either
suspend the provision of the services immediately, or, in Serious [and
persistent] cases no longer provide Services to this client.
3 Where the Services are provided
Normally the Services will be provided at the Clients premises and also at
various places in the local community.
3.1 Your responsibilities and obligations, You will:
3.1.1 Go to the client's premises as set out on the Client Agreement in the
time window specified and duly provide the Service;
3.1.2 You will be responsible for your own safety taking regard to all matters
revealed in the Client Agreement.
3.1.3 Any omissions or errors that result in any injury to you in pursuance of
your Contract for Services will not result in liability for the Company. In
this regard you will sign the Waiver set out in Schedule Three.
3.2 You will be suitably attired when performing your services, you may or may
not be provided with Company Clothing which should be worn at all times when
engaged as an independent contractor for the Company. You are only permitted to
wear Company Clothing when engaging in your Contract for Services. These
articles of clothing are to be returned upon the natural expiration of this
Contract for Services or upon Termination.
4 Charges Services and payment Costs
The fees for the provision of the services are set out herein, wherein the
Company charge as per the pay structure set out in the schedule (See 24 Hour
Pet Sitter Rate Card).
4.1 In order to be paid for your Services you must provide an Invoice (VAT invoice
if registered) to the Company.
4.2 Independent Contractor invoices should be submitted to the Company
(using the template provided) no later than the 10th of the month. Payment
will be made on or around the 15th of the month for the previous months work.
Failure to submit an invoice will result in delayed and or none
payment.
4.3 Payment will be affected by way of money transfer.
4.4 You must account for your own VAT (if registered) to the Revenue as well as
responsible for making Tax and PRSI returns to the Revenue Commissioners.
5 Termination
Either you or the Company may terminate the contract subject to giving the
other 30 days' notice in writing.
5.1 If there are complaints about the provision of the Service by you as an
Independent Contractor the Company reserve the right to take you off the list
of recommended Pet Sitters.
6 My qualifications, professional memberships, etc
You acknowledge that you are a registered Pet-Sitter, I am a Member/Independent
Contractor of PSI (Pet Sitters Ireland) Limited and am subject to inspection
from time to time by PSI (Pet Sitters Ireland) Limited
7 Possessions on the premises of Clients
If there are any difficulties regarding possessions or property of a client
i.e. breakages, missing items etc. while you are engaged on a Contract of
Services, you acknowledge that no liability lies with the Company regarding
same. The Independent Contractor is solely responsible in relation to such
matters.
8 Limitation and exclusion of liability for personal injury and death
If you are injured in the course of providing the Contract for Service either
by act or omission, intentionally or recklessly or by accident the Company will
not be responsible for same. It is the obligation of the Independent Contractor
to have their own Insurance in place.
9 Contacting each other
If you wish to send the Company any notice or letter then it needs to be sent
to the registered office noted in the Definitions. If the Company are
corresponding with you then the letter will be sent to the address you have
given in the form.
10 Confidentiality
You shall not during your term with the Company as an Independent
Contractor or at any time thereafter:
(a) disclose any confidential information in relation to the Company or its
Clients to any person or persons (except to those authorised by the Company or
as otherwise required by law);
(b) use for any purpose or purposes any confidential information acquired by
you as a result of your term with the Company other than on behalf of the
Company;
(c) or, through any failure to exercise all due care and diligence, divulge
confidential information of the Company, including in particular lists or
details of Clients names and addresses or personal confidential information or
information relating to the clients of the Company to any third party either
directly or indirectly or intentionally or recklessly.
11 Restraint of Trade
During the lifetime of this Contract and for a period of 12 Months from
the termination of this Contract (for any reason whatsoever), you shall not on
your behalf, or on behalf of any person, firm or company, directly or
indirectly:
(a) solicit or endeavour to solicit or entice away from the Company or employ
any person who has at any time in the 12 month period preceding the date of
termination of contract been engaged or employed by the Company either as an
independent contractor or as an employee;
(b) solicit/canvass or endeavour to solicit/canvass or entice away from the
Company any client who has at any time in the 12 month period preceding the
date of termination of contract been a client of the Company;
12 Disputes
If you are unhappy with matters regarding the Contract for Services you should
discuss same with the Company first. If matters cannot be dealt with at the
informal stage same will be referred to Mediation next in order to resolve
disputes. If mediation is unsuccessful and court proceedings are necessary,
Proceedings are to be issued in Irish Courts.
TEXT OF CONSENT LETTERS Pet Sitters Ireland is committed to the protection of
cruelty to animals and the commitment to the welfare of children &
vulnerable adults. As part of our overall Animal, Child and Vulnerable
Adults Protection strategy, Pet Sitter Ireland are committed to best practice
in recruitment and selection procedures, which include background and reference
checks.
I, give my consent to the Company to contact my Referees.
Pet Sitters Ireland is committed to a drug-free workplace. I hereby
voluntarily agree to submit to any lawful drug and alcohol test requested
by the Company which deems, in its sole discretion, to be
reasonably necessary to provide its clients with the confidence that they are
hiring a pet sitter from a drug-free workplace and to provide its Independent
Contractor and or employees with a safe working environment.
I understand that this consent will only be used for the purpose set out above.
Independent Contractor Agreement
All Pet Care Assistants are considered Independent Contractors.
I understand that this Agreement shall not render the Contractor an employee,
partner, agent of, or joint venture with the Company for any purpose. The
Contractor will remain an independent contractor in his or her relationship to
the Company. The Company shall not be responsible for withholding taxes with
respect to the Contractor's compensation hereunder. The Contractor shall have
no claim against the Company hereunder or otherwise for holiday pay, sick
leave, retirement benefits, social security, worker's compensation, health or
disability benefits, unemployment insurance benefits, or employee benefits of
any kind. The Contractor acknowledges that during the engagement he or she 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 or she] 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 or
her] 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 or her] possession or
under [his or her] control. The Contractor further agrees that [he or she] will
not disclose [his or her] 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 or her]
relationship to the Company and of the services hereunder.
Noncompeting Agreement I agree not to directly or indirectly compete with
Pet Sitters Ireland during the period of the contractual agreement and for a
period of 12 months thereafter and notwithstanding the cause or reason for
termination. The term “non compete” shall mean that the Contractor shall not,
on Contractor's behalf or on behalf of another party, solicit or seek the
business of any customer or account of the company existing during the term of
the contractual agreement and wherein said solicitation involves a product
and/or service substantially similar to or competitive with any present or
future product and/or service of the company. The Contractor hereby
acknowledges that the company shall or may provide the Contractor access to its
customers and accounts in reliance of this agreement, and that this agreement
is reasonably necessary to protect the Company. This agreement shall be binding
upon and inure to the benefit of the parties, their heirs, assigns and personal
representatives.
Waiver
By this Waiver, I assume any risk, and take full responsibility and waive
any claims of personal injury, death or damage to personal property associated
with PSI (Pet Sitters Ireland) Limited activities and events organized by PSI
(Pet Sitters Ireland) Limited. I understand and confirm that by signing this
waiver and release I have given up considerable future legal rights. I have
signed this Agreement freely, voluntarily, under no duress. My signature is
proof of my intention to execute a complete and unconditional waiver and
release of all liability to the full extent of the law. I am 18 year of
age or older and mentally competent to enter into this waiver.