Self Employed Contractor Agreement
This Independent Contractor Agreement (“Agreement”) is made and entered into by the undersigned parties: Dental Placement Services (known as the “Company”) and the Self–Employed Contractor (known as the “Contractor”).
In consideration of the promises, rights and obligations set forth below, the parties hereby agree as follows:
The term of this Agreement shall begin on the acceptance date of this agreement and continue in perpetuity until either party notifies the other in writing, by mail or email. (not by text message)
The Contractor will provide their professional dental related services to the company based upon their individual preferences and availability as indicated from time to time, by phone, text or as posted on the Company website.
Placements may include Temping, (Daily Placement), Part-time, Full-time, Sick leave and/or Maternity Leave situations
The Contractor shall receive work placements only from designated company representatives. Details regarding such placements may be verbal, at first, but will be confirmed in writing by text or email.
Subject to providing temping services as outlined above, the Contractor will be paid by the dental office for whom they provide their services. at the hourly rate as agreed by all parties. The Company and the contractor will agree on an hourly rate based on the Contractor’s credentials and experience relative to the requirements of a usual temporary placement. This rate shall be made known to the dental office at the time of booking and is expected to be the rate at which the contractor will bill for their services on each occasion. The company will encourage the dental office to compensate the temporary Contractor by email transfer within 24 hours of the completion of the shift or shifts. This may not be possible for some offices due to their internal accounting procedures, but the contractor will be advised what to expect in terms of payment method and timing before they accept the shift.
It is the responsibility of the Contractor to ensure that the Company is notified on a timely basis of each completed shift. A “Confirmation of Temporary Shifts Completed” must be filled in, signed by the dental office employer and sent to the company by fax, email or text. A Dental Placement Services form is available for this purpose and can be downloaded from our website.
You are providing your professional services for the Company as an independent Contractor and not as an employee. This agreement and the relationship it governs is strictly between the Contractor and the Company. When the Contractor accepts work from the Company, such work cannot be assigned or sub-contracted to others.
The Contractor agrees that the Company acts as a facilitator only, matching dental office staffing requirements with qualified dental professionals willing and able to provide the services required.
The Company does not provide materials or tools which may be necessary to carry out any work assignment. Such items are supplied by the Contractor themselves or by the dental office.
The Contractor agrees that work assignment and work instructions at the dental office are provided by the dental office staff. Dental Placement Services provides the Contractor with the name of the dental office, its location and the Contractor’s start time. Once at the location, the Contractor is expected to take instructions from the dental office staff and to perform the assigned tasks willingly and professionally.
The Contractor understands that any training or orientation necessary is provided by the dental office.
The Contractor agrees that they are expected to cover their own expenses for travel to and from the dental office and for any other costs normally occurring in their profession.
The Contractor understands that the Company assumes no liability for any property damage or errors and omissions on the part of the Contractor. The company is not responsible for personal injury or for the health and safety of the contractor while at work in a dental office. The responsibility falls to the dentist or the owner/management of the dental office.
When at work in a dental office the Contractor, although not an employee, is representing the Company and must not express personal opinions regarding the dental office, its staff, patients, procedures or facilities. The Contractor shall avoid conflict with the dental office staff or behave in such a way as to create conflict. The Contractor is expected to complete the shift whenever possible and address any work issues with the Company afterwards. If the Contractor finds it necessary to leave or is asked to leave, the Contractor must inform the Company immediately.
The Contractor covenants and agrees that they are self employed and are compensated at the hourly rate agreed for the number of hours worked on each assignment. The Contractor is responsible to report and to pay income tax on their self-employed income. The Contractor is also able to deduct reasonable expenses.
- The Contractor agrees that the Company shall have no liability or responsibility for the withholding, collection or payment of any taxes, employment insurance premiums or Canada Pension Plan contributions on any amounts paid to the Contractor. The Contractor also agrees to indemnify the Company from any, and all claims in respect of the Company’s failure to withhold and/or remit any taxes, employment insurance premiums, or Canada Pension Plan contributions.
- The Contractor agrees that as an independent contractor, the Contractor will not be qualified to participate in or to receive any employee benefits that the Company may extend to its employees, including vacation pay, statutory holiday pay, or sickness benefits.
Confidentiality and Intellectual Property
The Contractor hereby acknowledges that it has read and agrees to be bound by the terms and conditions of the Company’s confidentiality and proprietary information agreement attached hereto as Schedule “A,” and which forms an integral part of this Agreement.
The Contractor hereby represents and warrants to the Company that it is not party to any written or oral agreement with any third party that would restrict its ability to enter into this Agreement or the Confidentiality and Proprietary Information Agreement or to perform the Contractor’s obligations hereunder and that the Contractor will not, by providing services to the Company, breach any non-disclosure, proprietary rights, non-competition, non-solicitation or other covenant in favor of any third party.
The Contractor hereby agrees that, during the term of this Agreement and for one year following the termination hereof, the Contractor will not recruit, attempt to recruit or directly or indirectly participate in the recruitment of any Company employee or directly or indirectly solicit, attempt to solicit, canvass or interfere with any customer or supplier of the Company in a manner that conflicts with or interferes in the business of the Company as conducted with such customer or supplier.
The independent contractor relationship contemplated by this Agreement shall continue indefinitely until ended by either party in writing, by mail or email. (not by text message). The contractor agrees to honor any commitments made for the 2 weeks following the contractors written notice to the company unless such commitment is determined by the company to be unnecessary or inadvisable. There shall be no obligation by either party to provide a reason or reasons for ending the agreement
Obligations Surviving Termination of this Agreement
All obligations to preserve the Company’s Confidential Information, Intellectual Property and other warranties and representations set forth herein shall survive the termination of this Agreement.
This Agreement, together with the Confidentiality and Proprietary Information Agreement, represents the entire agreement between the parties and the provisions of this Agreement shall supersede all prior oral and written commitments, contracts and understandings with respect to the subject matter of this Agreement. This Agreement may be amended only by mutual written agreement of the parties.
This Agreement shall inure to the benefit of and shall be binding upon each party’s successors and assigns. Neither party shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party.
Governing Law and Principles of Construction
This Agreement shall be governed and construed in accordance with Ontario law. If any provision in this Agreement is declared illegal or unenforceable, the provision will become void, leaving the remainder of this Agreement in full force and effect.
CONFIDENTIALITY AND PROPRIETARY INFORMATION AGREEMENT
In consideration of your engagement as an independent contractor with Dental Placement Services (the “Company”), the undersigned (the “Contractor) agrees and covenants as follows:
- Engagement with the Company as an independent contractor will give the Contractor access to proprietary and confidential information belonging to the Company, it’s customers, it’s suppliers and others (the proprietary and confidential information is collectively referred to in this Agreement as “Confidential Information”). Confidential Information includes but is not limited to pay rates (including the contractors own rate of pay) customer lists, marketing plans, schedules, proposals, contracts, technical and/or financial information, databases, software and know-how. All Confidential Information remains the confidential and proprietary information of the Company, its customers, and suppliers.
- As referred to herein, the “Business of the Company” shall relate to the business of providing part time, full time, contract and temporary personnel to dental offices and other organizations requiring qualified staff. Other business activities of the company may also include but not be limited to the provision of consulting or educational expertise to its customers and suppliers
- The Contractor shall, both during and after the Contractor’s Engagement with the Company, keep all Confidential Information confidential and shall not use any of it except for the purpose of carrying out authorized activities on behalf of the Company. The Contractor may, however, use or disclose Confidential Information which:
- Is or becomes public other than through a breach of this agreement;
- Is known to the Contractor prior to the date of this Agreement and with respect to which the Contractor does not have any obligation of confidentiality; or
- Is required to be disclosed by law, whether under an order of a court or government tribunal or other legal process, provided that Contractor informs the Company of such requirement in sufficient time to allow the Company to limit such damage as this disclosure might cause.
- The Contractor covenants and agrees to protect and not to disclose to third parties or make any unauthorized use whatsoever of any confidential information that may become known to the contractor during the course of providing services to the company.
- The contractor covenants and agrees not to disclose to any third parties, the contractor’s pay rate, future assignments or any other terms or conditions relating to their work for the company, Third parties, most importantly, include other contractors working for the company, and representatives and employees of the dental office.
- The Contractor agrees that the Contractor will, if requested from time to time by the Company, execute such further reasonable agreements as to confidentiality and proprietary rights as the Company’s customers or suppliers reasonably require to protect confidential information or proprietary property.
- This Agreement is governed by the laws of the Province of Ontario and the parties agree to the non-exclusive jurisdiction of the courts of the Province of Ontario in relation to this Agreement.
- If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deleted, and the other provisions shall remain in effect.
ACCEPTANCE OF THIS AGREEMENT
The undersigned hereby declares that they have read and understood this agreement and accept the terms and conditions as written.
Collection of Information
We receive and store information you provide to us when you create an account, or, fill in any online forms on the website. When required, this information may include your name, your email address,, your phone number, your mailing address, your education, work history and references. You can choose not to provide us with certain information, but then you may not be able to take advantage of our website features.
Your personal information is collected so that we can provide you with the best and the largest number of job opportunities available. Your information is gathered from various sources, including your resume. Also from our website, when you call, text, or email us, or communicate with us via social media. When you apply for jobs, the information you provide becomes a part of our database.
Use of Information Collected
Dental Placement Services collects and uses personal information to assist in the provision of the services you need and request. We will never, at any time, trade, sell or reveal your personal information to any person or business, except for the sole purpose of introducing you to clients who have a job opportunity that is well-suited for you, and so they can judge your suitability as a candidate for their particular opening. We will always consult with you prior to releasing your information to any prospective employer except when you voluntarily post your information and availability on the DPS app. By doing so, you are automatically consenting to the release of your information. We may also be asked by clients to provide limited information to organizations that perform background checks and credit checks. You are able to, access, add to, update and delete certain personal information about yourself at any time. When you update information, however, we may retain the previous information in our records. We shall retain your information for as long as your account is active. Some information may remain in our records after you close your account. We will retain this information as necessary to comply with our legal obligations, and to resolve disputes, Your personal information may also be incorporated into aggregated data which is used for statistical purposes but not in a way that could identify you personally. Any of the information we collect from you may be used to personalize your experience; improve our website; improve customer service and respond to queries from clients. We may also use your contact information to notify you of important changes, password reminders, updates etc, Non-personal information collected is used only for determining website traffic This statistical information is not otherwise aggregated in such a way that could identify any particular user of this system. There could be situations when Dental Placement Services could be asked to divulge personal information without consent. This would only occur when required for legal reasons.
Links to other websites
Dental Placement Services shall endeavor and shall take every precaution to maintain adequate physical, procedural and technical security with respect to the information we possess, so as to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control.
Acceptance of terms
Through the use of this website, you are hereby accepting the terms and condition stipulated within. If you are not satisfied with our terms and conditions, you should refrain from further use of our site. Your continued use of our website following the posting of any updates or changes to our terms and conditions indicates acceptance of such changes.
How to contact us
Telephone number: 519-504-6754
Dental Placement Services
93 Susan Crescent
This document was last updated on September 25, 2018.