CM Inc (the Company) carries on the business consisting of providing services to its clients in the field of computer programming, system analysis and design, and in providing general consultation services to persons, firms and corporations.
The Company retains the Contractor to provide consulting services in connection with the business of the Company.
The Contractor is required to provide such services to the Company, on terms and subject to the conditions herein set out.
The Contractor is an independent contractor/sub-contractor/consultant (the “Contractor”) who carries on business in Canada.
The Contractor can conduct normal business for other clients during the term of this agreement,may employ employees, servants or agents to perform work for the Business and others, from time to time and can continue to make all statutory remissions on their behalf.
The Contractor undertakes that it is responsible and law abiding and that it pays taxes for both its business and employees, servants and agent, as and when such taxes are due and payable.
The services provided by the Contractor are at times and places mutually convenient to the Contractor and Company or it's client.
The Contractor shall perform the services as and when requested by the Company or the client and shall carry out all tasks assigned by the client and shall conform to the client’s business policies, standards and conventions, including personal standards. These include restricted non-business use of the computers and equipment, harassment and discrimination free work place and appropriate business attire. The Contractor shall not be subject to supervision by the Company or subject to the Company’s detailed order or instructions. The amount of time spent servicing the Company or the Client’s needs shall be determined at the sole discretion of the Contractor.
Payments to the Contractor are on monthly basis or as agreed to by the Contractor and the Company.
The Contractor and its employees, workmen, servants and agents are not employees of the Company and the Contractor agrees to indemnify and save harmless the Company from any claims made against it by or with respect to its employees, workmen, servants or agents.
The Contractor represents to the Company the ability to carry out the services for which it has been contracted and that all information imparted by the Contractor to the Company, orally or in writing including any curriculum vitae, resume or biography accurately describe the capabilities of the Contractor and it’s ability to carry out the services. Where the Contractor has misrepresented its ability to carry out the services (whether intentionally or unintentionally), the Company shall have the right to terminate this agreement without notice.
The Contractor shall indemnify and save harmless the Company from:
The Contractor shall pay for any resources, including self, employees, servants, workmen or agents, all taxes, premiums and fees, relating to employment, including but not limited to Canada Pension Plan remittances, income tax deductions, payroll taxes, Employment Insurance remittances, vacation pay, statutory holiday pay, workers’ compensation premiums and automobiles insurance premiums. If the Company is called upon to make such payments on the Contractors’ behalf that the Contractor shall forthwith, upon demand, reimburse the Company for such payments made. If the Contractor is unable to reimburse the Company for such payments on demand, then the Company will be entitled to withhold any payments owing to the Contractor.
All materials, documents, data and working papers relating to the assignments shall remain the property of the Company or its client and shall be surrendered to the client upon request or upon termination of the agreement.
The Contractor shall safeguard all Company and/or clients data and other information relating to the client’s business that is submitted to the Contractor in order to permit the Contractor to carry out it’s obligation under this agreement, to the same extent that the Company and the client safeguards such data and other information relating to his own business.
The Contractor during the term and the provision of the services, the Contractor will have access to and become acquainted with the Company’s and/or clients confidential and proprietary information, including but not limited to information or plans regarding the Company’s or client’s customer relationships, personnel, or sales, marketing and financial operations and methods; trade secrets; formulas, devises, secret inventions, processes and other compilations of information, records and specifications which have not been disclosed to the general public, whether or not labeled “confidential” or words of similar import (collectively, the Proprietary Information). Proprietary information also includes all of the foregoing with respect to each supplier and customer of the Company or client and their affiliates, or any other party with which the Company or client and their affiliates or any other party with which the Company or client or any of their affiliates has an agreement with respect to confidentiality of information and any other document and information.
The Company may retain the Contractor in the capacity of independent contractor/consultant/sub-contractor and not as an employee of the Company.
In the event that the Contractor is classified by the court or any other statutory body as an employee instead of as a contractor, the Contractor shall indemnify and save harmless the Company of and from any of all claims and demands which maybe made against the Company by Revenue Canada for employee remittances, Employment insurance premiums and Canada Pension Plan premiums.
Although care has been taken in preparing information contained in this document, C M Inc. does not and cannot guarantee the accuracy thereof.
Further, we do not guarantee or warrant the quality, completeness, timeliness, appropriateness or suitability of the information provided. We assume no obligation to update the information on topics mentioned. The information is supplied "AS IS" and "AS AVAILABLE" and may contain typographical or other errors. We will not be liable for any damages or injury, including but not limited to special or consequential damages that result from use of, or reliance on, the information on this Site. The information may be changed from time to time without notice.
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