EMPLOYMENT AGREEMENT
This General Employment Agreement ("Agreement") is made and effective this ,
02/11/2015
BETWEEN: FIRST AND LAST NAME
(the "Employee"), an individual with his
YOUR ADDRESS
AND: AllFromUSA LLC (the "Employer"), a corporation organized and existing
under the laws of United States (hereby referred as US), with its head office
located at 6 Beacon Street, Boston, MA 02108
RECITALS
A. Employer is engaged in the business of mail forwarding service, and maintains
a branch office at 6 Beacon Street, Boston, MA 02108, US (800) 621-6163 .
B. Employee is willing to be employed by employer, and employer is willing to
employ employee, on the terms, covenants, and conditions set forth in this
Agreement.
In consideration of the matters described above, and of the mutual benefits and
obligations set forth in this Agreement, the parties agree as follows:
1. EMPLOYMENT
Employer employs, engages, and hires employee as an AGENT to RECEIVE
PARCELS, PACKAGES, REPACK, CONSOLIDATE, VERIFY THEM AND
FORWARD THEM TO THEIR LEGAL OWNERS.
• Employee accepts and agrees to such hiring, engagement, and employment,
subject to the general supervision and pursuant to the orders, advice, and
direction of employer.
• Employee shall perform such other duties as are customarily performed by one
holding such position in other, same, or similar businesses or enterprises as that
engaged in by employer, and shall also additionally render such other and
unrelated services and duties as may be assigned to HIM OR HER from time to
time by employer.
• Employee agrees that HE OR SHE must forward the parcel, package or
envelope, received from Universe Express COMPANY for the maximum deadline
of 3 (three) days AFTER employee shall receive the appropriate information for
forwarding.
• Employee agrees that in case if HE OR SHE was unable to receive the parcel,
package or envelope at HIS OR HER house, for any reasons, HE OR SHE must
visit the nearest branch office of USPS, UPS, FedEx or other delivery company.
2. BEST EFFORTS OF EMPLOYEE
Employee agrees that HE OR SHE will at all times faithfully, industriously, and to
the best of HIS OR HER ability, experience, and talents, perform all of the duties
that may be required of and from HIM OR HER pursuant to the express and implicit
terms of this Agreement, to the reasonable satisfaction of employer. Such duties
shall be rendered at 6 Beacon Street, Boston, MA 02108. United States, and at
such other place or places as employer shall in good faith require or as the interest,
needs, business, or opportunity of employer shall require.
3. TERM OF EMPLOYMENT
The term of this Agreement shall be a period of 1 (ONE) years, commencing
02/11/2015, and terminating 02/11/2016, subject, however, to prior termination as
provided in this Agreement. At the expiration date of
Agreement shall be considered renewed for regular periods of one year, provided
neither party submits a notice of termination.
4. COMPENSATION OF EMPLOYEE
The Company guarantees a fixed salary: pay $30 for every processed box.
Employee will be paid out on the specific date, calculated by the company. The
overall payment will be processed, each 2 weeks. Overall payment will be
processed using these payment options: Wire Transfer, Western Union, Money
Gram, PayPal, Money order and Cashier check (payment options will be negotiated
with the employee). Such payment rules are applicable, as long as this Agreement
is in force.
Employer shall pay employee and employee shall accept from employer additional
bonus of US$20.00 (Twenty USD) per parcel that will be forwarded on the day of
receiving of the appropriate information for forwarding.
In case if the employee was unable for any reasons (excluding Force Majeure
situations) to fulfill the requirements from Part One (Employment Details) of this
legal document, payment for the parcel shall be lowered up to 50%. Employer shall
reimburse employee for all necessary expenses incurred by employee while
traveling pursuant to employer’s directions.
5. TERMINATION DUE TO DISCONTINUANCE OF BUSINESS
In spite of anything contained in this Agreement to the contrary, in the event that
employer shall discontinue operating its business at 6 Beacon Street, Boston, MA
02108, US, then this Agreement shall terminate as of the last day of the month in
which employer ceases operations at such location with the same force and effect
as if such last day of the month were originally set as the termination date of this
Agreement.
6. TRADE SECRETS
Employee shall not at any time or in any manner, either directly or indirectly,
divulge, disclose or communicate to any person, firm, corporation, or other entity in
any manner whatsoever any information concerning any matters affecting or
relating to the business of employer, including but not limited to any of its
customers, the prices it obtains or has obtained from the sale of, or at which it sells
or has sold, its products, or any other information concerning the business of
employer, its manner of operation, its plans, processes, or other data without regard
to whether all of the above-stated matters will be deemed confidential, material, or
important, employer and employee specifically and expressly stipulating that as
between them, such matters are important, material, and confidential and gravely
affect the effective and successful conduct of the business of employer, and
employer’s good will, and that any breach of the terms of this section shall be a
material breach of this Agreement.
TRADE SECRETS AFTER TERMINATION OF EMPLOYMENT
All of the terms of Section Eight of this Agreement shall remain in full force and
effect for the period of 2 years after the termination of employee’s employment for
any reason, and during such 3-year period, employee shall not make or permit the
making of any public announcement or statement of any kind that HE OR SHE was
formerly employed by
or connected with employer.
7. REIMBURSEMENT OF EXPENSES
The Employee may incur reasonable expenses for furthering the Company's
business, including expenses for entertainment, travel, and similar items. The
Company shall reimburse Employee for all business expenses after the Employee
presents an itemized account of expenditures, pursuant to Company policy.
8. RECOMMENDATIONS FOR IMPROVING OPERATIONS
Employee shall make available to employer all information of which employee shall
have any knowledge and shall make all suggestions and recommendations that will
be of mutual benefit to employer and employee.
9. ADDITIONAL COMPENSATION
Employee shall not be entitled to any additional compensation by reason of any
service that HE OR SHE may perform as the member of any managing committee
of employer, or in the event that HE OR SHE shall at any time be elected an officer
of director of employer.
10. EMPLOYEE’S INABILITY TO CONTRACT FOR EMPLOYER
In spite of anything contained in this Agreement to the contrary, employee shall not
have the right to make any contracts or commitments for or on behalf of employer
without first obtaining the express written consent of employer.
11. AGREEMENTS OUTSIDE OF CONTRACT
This Agreement contains the complete Agreement concerning the employment
arrangement between the parties and shall, as of the effective date of this
Agreement, supersede all other Agreements between the parties. The parties
stipulate that neither of them has made any representation with respect to the
subject matter of this Agreement or any representations including the execution and
delivery of this Agreement except such representations as are specifically set forth
in this Agreement, and each of the parties acknowledges that HE OR SHE OR IT
has relied on its own judgment in entering into this Agreement. The parties further
acknowledge that any payments or representations that may have been made by
either of them to the other prior to the date of executing this Agreement are of no
effect and that neither of them has relied on such payments or representations in
connection with HIS OR HER OR ITS dealings with the other.
12. VACATION
Employee shall be entitled to 25 days of paid vacation each year during the term of
this Agreement, the time for such
vacation to be determined by mutual Agreement between employer and employee.
13. MODIFICATION OF AGREEMENT
Any modification of this Agreement or additional obligation assumed by either party
in connection with this Agreement shall be binding only if evidenced in writing
signed by each party or an authorized representative of each party.
14. TERMINATION
A. This Agreement may be terminated by either party on 3 days’ written
notice to the other. If employer shall so terminate this Agreement,
employee shall be entitled to compensation for 3 days.
B. In the event of any violation by employee of any of the terms of this
Agreement, employer may terminate employment without notice and
with compensation to employee only to the date of such termination.
C. It is further agreed that any breach or evasion of any of the terms of
this Agreement by either party will result in immediate and irreparable
injury to the other party and will authorize recourse to injunction and or
specific performance as well as to all other legal or equitable remedies
to which such injured party may be entitled under this Agreement.
D. If the employee wills to terminate the agreement, he must provide the
full listing of parcels he have received but not yet forwarded, employer
takes responsibility and employee agrees that he (employee) shall
receive payment for all parcels sent before termination. After the
agreement will be considered terminated – employee will not receive
any parcels from super ship in uk COMPANY.
15. TERMINATION FOR DISABILITY
C. In spite of anything in this Agreement to the contrary, employer has the option to
terminate this Agreement in the event that employee shall, during the term of
this Agreement, become permanently disabled as the term permanently
disabled is fixed and defined in this Section. Such option shall be exercised by
employer giving notice to employee by registered mail, addressed to HIM OR
HER in care of employer at 6 Beacon Street, Boston, MA 02108, US or at such
other address as employee shall designate in writing of employer’s intention to
terminate this Agreement on the last day of the month during which such notice
is mailed. On the giving of such notice, this Agreement shall cease on the last
day of the month in which the notice is so mailed, with the same force and effect
as if such last day of the month were the date originally set forth in this
Agreement as the termination date of this Agreement.
D.
For the purposes of this Agreement, employee shall be deemed to have become
permanently disabled, if, during any year of the term of this Agreement, because
of ill health, physical or mental disability or for other causes beyond employee’s
control HE OR SHE shall have been continuously unable or unwilling or shall
have failed to perform HIS OR HER duties under this Agreement for 21
consecutive days, or if, during any year of the term of this Agreement, employee
shall have been unable or unwilling or shall have failed to perform HIS OR HER
duties for a total period of 31 days, irrespective of whether or not such days are
con secutive. For the purposes of this Agreement, the term “any year of the term
of this Agreement” is defined to mean any 12-calendar-months period
commencing on 02/11/2015, and terminating on 02/11/2016, during the term of
this Agreement.
16. DEATH BENEFIT
Should Employee die during the term of employment, the Company shall pay to
Employee's estate any compensation due through the end of the month in which
death occurred.
17. EFFECT OF PARTIAL INVALIDITY
The invalidity of any portion of this Agreement will not and shall not be deemed to
affect the validity of any other provision. In the event that any provision of this
Agreement is held to be invalid, the parties agree that the remaining provisions
shall be deemed to be in full force and effect as if they had been executed by both
parties subsequent to the expungement of the invalid provision.
18. CHOICE OF LAW
It is the intention of the parties to this Agreement that this Agreement and the
performance under this Agreement, and all suits and special proceedings under this
Agreement, be construed in accordance with and under and pursuant to the laws of
the country US and that, in any action, special proceeding or other proceeding that
may be brought arising out of, in connection with, or by reason of this Agreement,
the laws of the country US shall be applicable and shall govern to the exclusion of
the law of any other forum, without regard to the jurisdiction in which any action or
special proceeding may be instituted.
19. NO WAIVER
The failure of either party to this Agreement to insist upon the performance of any of
the terms and conditions of this Agreement, or the waiver of any breach of any of
the terms and conditions of this Agreement, shall not be construed as thereafter
waiving any such terms and conditions, but the same shall continue and remain in
full force and effect as if no such forbearance or waiver had occurred.
20. ATTORNEY FEES
In the event that any action is filed in relation to this Agreement, the unsuccessful
party in the action shall pay to the successful party, in addition to all the sums that
either party may be called on to pay, a reasonable sum for the successful party’s
attorney’s fees.
21. PARAGRAPH HEADINGS
The titles to the paragraphs of this Agreement are solely for the convenience of the
parties and shall not be used to explain, modify, simplify, or aid in the interpretation
of the provisions of this Agreement.
IN WITNESS WHERE OF the undersigned have executed this Agreement. The
parties hereto agree that facsimile and E-mail signatures shall be as effective as if
originals.
E-mail signatures shall be as effective as if originals.
THE EMPLOYEE:
By:
Signature Printed Name
THE COMPANY:
By: Richard A. Schell, HR Director
Signature Printed Name
