TERMS AND CONDITIONS

TEACHERS ON CALL RESPONSIBILITIES
The relationship between Teachers On Call (“TOC”) and Client shall be that of independent contractors and employees provided to the Client by TOC shall not be considered employees of the Client.

TOC will recruit and hire employees who in TOC’s judgment are qualified to perform the type of work requested by the Client on a temporary basis. TOC, as the employer, will maintain personnel/payroll records, pay all required employee payroll, payroll taxes including FICA, Unemployment Insurance, Worker Compensation Insurance, and fringe benefits.

TOC will charge an agreed-upon hourly/daily rate to the Client for all work performed by TOC employees. Client invoices are generated from TOC employee timecards verified by the Client supervisor.

TOC unconditionally guarantees your satisfaction. If, for any reason, the Client is not satisfied with our employees’ performance and notifies TOC on the first day of the assignment, the Client will not be charged for the work performed.

TOC is an Equal Opportunity Employer and does not discriminate against race, color, creed, religion, age, national origin or ancestry, sex, sexual orientation, disability, marital status, status with regard to public assistance, or ex-offender status.

Prior to a TOC employee committing to a length of assignment each Account Manager discusses the position, hours, breaks, dress code, wages, and any procedures specific to Client with the employee.

When necessary, TOC will complete a safety inspection of the Client’s worksite(s). The nature of the work and safety precautions is discussed with TOC’s employee to help reduce the possibilities of injury.

CLIENT RESPONSIBILITIES
Client agrees to verify the employee’s timesheets and to notify TOC of any discrepancies prior to submission. The Client representative’s signature on the timesheet is the Client’s agreement that the hours submitted are accurate and the work satisfactorily performed. The Client agrees to pay TOC (1 – ½ times) the regular hourly/daily bill rate for each employee hour worked in excess of 40 hours per week. The Client agrees to pay TOC a minimum of four hours for any employee who reports for work but is sent home for lack of work or other reason not reasonably attributable to the employee or TOC. The Client agrees to pay any collection costs incurred to collect the account balance, including court costs, collection fees, and reasonable attorney’s fees of the unpaid principal, plus interest.

Client agrees to provide TOC’s employees with supervision, training, and suitable working conditions. To comply with all applicable workplace laws, including without limitation, anti-discrimination, anti-harassment, OSHA safety and health standards and shall hold TOC harmless from claims and demands arising out of Client’s negligence.

Client agrees not to advance cash or other valuables to TOC employees and waives any and all right of claim against TOC for the amount or value of any such advances.

TOC employees are not authorized to operate automotive or truck equipment without written approval from TOC.

Client agrees to supervise and give proper orientation to TOC employees. TOC employees are not authorized to administer any medication to any children. Client agrees to accept any responsibility for the medication administration if done so against these terms.

The Client shall not entrust TOC employees with unattended premises, cash, negotiables, jewelry and other valuables without first obtaining prior written permission from TOC. TOC will not be responsible for any claims made under TOC’s fidelity bond unless such claims are reported in writing to TOC within 10 days from date of occurrence and we cooperate fully in the investigation and prosecution of such claim.

The Client shall cooperate with TOC regarding the investigation of any complaints by or against any of TOC’s employees who have been assigned to the Client.

During the period an assigned Teachers On Call employee works for the client, and for a period of six months thereafter, the client shall not directly or indirectly hire, transfer to another employer, or utilize the services of the Teachers On Call assigned employee unless one of the following conditions is satisfied:

1. The client agrees to pay Teachers On Call a hiring fee equal to 1% per $1,000 computed on the employee’s annual income, at the time of employment;

2. The employee has completed 850 consecutive hours of temporary work with the Client:

3. The fee shall be no less than $1,440.00 and no more than a maximum based on the percentage rate of 30%.

Revised 8/23/05