Terms and Conditions
The Company (“Elitely Collective Private Limited”) engages the Service Provider (“Female Personality” or “Male Personality”) as an independent freelance contractor and the Service Provider agrees to perform the services and responsibilities set out in this agreement.
The main responsibility of the Service Provider is to meet the client(s) sourced by the Company.
The Service Provider agrees to abide by the safety regulations, directives, rules and laws of Singapore in the exercise of the duties stipulated in this contract that have been given prior approval by the Company.
The Service Provider understands that the Company shall not be held liable for any activity performed by the Service Provider without prior consent of the Company. These include but are not limited to activities which may differ from the agreed and/or stipulated activities, any client's new demands which may fall outside the knowledge of the Company, and/or activities which are against the rules and law of Singapore.
The Service Provider understands that all claims shall be limited to the activities that have been approved by the company prior to commencement. The company shall not be liable for any claims arising outside the stipulated allotment of time to be spent with the client(s). The service provider will only be paid for the time spent with the client(s) which the Company has approved.
- The Company shall pay the Service Provider the fees in accordance with the payment arrangements as provided in Annex 1 of this Agreement.
- The Service Provider shall attend briefings and meetings organised by the Company.
- The Service Provider will not be remunerated for any time spent attending briefings and meetings organised by the Company.
- The Service Provider shall be wholly responsible for his or her own personal income taxes, CPF contributions, and/or other similar contributions or taxes (hereinafter collectively referred to as “Taxes") which may be payable out of, or as a result of the receipt of, any fees or other monies paid or payable by the Company under this Agreement.
- In the event that the Company is required to pay any Taxes in relation to such fees or other monies: The company shall be entitled to withhold any monies due to the Service Provider equal to such Taxes from any sum payable to the Service Provider and to the extent that any such withholding of monies due to Service Provider is less than the sum of Taxes payable, the Service Provider shall indemnify the Company against any such Taxes which become payable by the Company.
- In the event of an unexpected error or any system error and an overpayment of fees occurs, the Company is entitled to claim the full amount of the overpayment. The Service Provider will be notified as soon as the error is discovered.
- The Company may withhold any monies due to the Service Provider if the Service Provider is in breach of this Agreement and may withhold or deduct any monies owing or due to be paid to the Service Provider under this Agreement or otherwise from any monies owing or due to be paid to the Service Provider. This is including but is not limited to the clause stipulated under Annex 1 A.2.
The Service Provider agrees to:
- Exercise reasonable skill care and diligence and shall apply the highest professional standards of Service in compliance with the reasonable requests of the Company and/or the effective performance of the Services.
- Preserve, protect and enhance the goodwill of the business carried by the Company and/or client(s).
- Carry out the Service Provider’s duties during the normal business hours of the Company and diligently attend to the business of the Company and/or its client(s).
- Not approach directly or indirectly any employee and/or Service Provider to influence that person to cease their engagement with the Company or otherwise entice that person away from the Company.
- Do all things within the Service Provider’s competence to ensure that the good reputation of the Company and/or its clients is/are maintained and refrain from performing any acts and/or omissions which are likely to bring the Company and/or its client(s) into disrepute or which are materially contrary to the interests of the Company and/or its client(s).
- Observe and conform to all the laws and customs of the businesses conducted by the Company in conducting and carrying out the Service Provider's duties and conduct in a manner becoming of a person in the proposed position.
- Have the Service Provider’s photos and/or videos posted on the Company’s website and other forms of social media including, but not limited to, Facebook, Twitter, Instagram, Google+, Youtube and online blogs/forums, as promotional materials. The Service Provider has rights over the submitted photo and/or videos.
- In the event that the Service Provider obtains a Medical Certificate, is detained under police custody or custody or experiences an emergency of a similar nature, he/she is obligated to provide notice to the Company no less than 6 hours before the commencement of their contractual duties on the day that the Service Provider has been scheduled for work, and thereafter within seven (7) days of his or her absence from work, provide the Company with the relevant documentation(s).
- Should the Service Provider fail to do so, or in an event that the Service Provider is absent from work without valid reason(s), the Service Provider agrees to compensate the Company for a sum as provided in Annex 1 of this Agreement.
The parties to this Agreement agree that:
- Nothing contained in this Agreement shall be construed or have effect as constituting any relationship of an employer and employee or partnership between the Company and the Service Provider.
- The Service Provider is not entitled to any benefits derived from an employment contract, partnership agreement or principal-agent relationship.
- The Service Provider is not entitled to participate in any of the Company's grievances procedures.
This Agreement shall be governed by the laws of Singapore. The courts of Singapore shall have exclusive jurisdiction in the event of any dispute which may arise in connection with the Agreement.
- During the Service Provider's duties with the Company, he/she may learn personal or conﬁdential information regarding the matters such as business plans, sales ﬁgures, passwords, salaries, research and trade secrets. This also includes conﬁdential information that the Service Provider learns regarding the Company's client(s). Such information is to be kept in the strictest conﬁdentiality and the Service Provider must not use or disclose any such information for personal beneﬁt or for the benefit of a third party or competitor.
In the event that the Service Provider has breached this clause, the Company reserves the right to take disciplinary actions, which includes the termination of this Agreement.
- Parties agree that if a dispute arises under, out of, or in connection with this Agreement, including any question regarding the existence, validity or termination of this Agreement, they shall in good faith endeavour to settle the same by deviation administered by the Singapore Mediation Centre, unless otherwise agreed upon between the Company and the Service Provider in writing.
- The Service Provider acknowledges and agrees to direct all grievances and/or complaints about the Company and/or complaints about the Company and/or the Company's client(s) to the Company, and not disclose the same on any social media and/or social network sites, including but not limited to Facebook, Twitter, Instagram, Google+, Youtube and online blogs/forums.
- If any provisions of this Agreement are held by any Court of competent jurisdiction to be invalid or unenforceable in part, the remaining provisions of this contract of employment shall continue in full force and effect.
- Any provision of this Agreement that contemplates performance or observance subsequent to the termination of this Agreement, shall survive any termination of this Agreement and continue for such time as they may remain applicable.
- This Agreement supersedes any previous arrangements, whether oral or in writing between the Company and the Service Provider in relation to the matter dealt within it. This Agreement, including the Annexes and the Company's policies and procedures, contains the whole agreement between the Company and the Service Provider.
- The Company reserves the right to amend, vary, add to the terms and conditions of the Agreement from time to time. Any alterations, amendments or additions to these terms and conditions of services shall be notiﬁed to the Service Provider in writing.
Payment and Terms
A.1 The payment will only be made via bank transfer or Paynow to the designated bank account under the Service Provider’s name. The Company will give notice upon any changes and revisions made to the Remuneration, and the Service Provider will be named in writing, email or text regarding any revisions being made.
A.2 In the event that the Service Provider is absent from work without valid reason(s), he/she agrees to compensate the company based on the following:
First Offence: $120 Second Offence: $250
If the Company does not receive the stipulated amount within 7 days, the Company has the authority to deduct the amount from the next transfer of payment to the Service Provider.