3. INDEPENDENT CONTRACTOR: Consultant represents and warrants that its relationship to LEAPFORCE and its various parent, subsidiary and affiliated corporations hereunder shall be that of an independent contractor and not an employee of LEAPFORCE for any purpose whatsoever. Consultant represents and warrants that he/she is at least 18 years old. Consultant shall have sole control of the manner and means of performing its work and LEAPFORCE is interested only in the results Consultant obtains. Consultant does not have, nor shall it hold itself out as having, any right, power or authority to create any contract or obligation, either express or implied, on behalf of, in the name of, or binding upon LEAPFORCE, its parent, subsidiary or affiliated companies, unless LEAPFORCE or any of the foregoing companies shall consent thereto in writing. The consideration set forth in Section 4 shall be the sole consideration due Consultant for the services rendered hereunder. It is understood that the LEAPFORCE will not withhold any amounts for payment of taxes from the compensation of Consultant hereunder. Consultant acknowledges that he/she shall not have the right, eligibility or entitlement in or to any of the pension, retirement, unemployment benefits, vacation pay, sick leave, insurance programs, worker's compensation benefits in the event of an injury or other benefit programs now or hereafter available to the LEAPFORCE's regular employees. Any and all sums subject to deductions, if any, required to be withheld and/or paid under any applicable state, federal or municipal laws or union or professional guild regulations shall be Consultant's sole responsibility and Consultant shall indemnify and hold LEAPFORCE harmless from any and all damages, claims and expenses arising out of or resulting from any claims asserted by any taxing authority as a result of or in connection with said payments. CONSULTANT ALSO AGREES THAT LEAPFORCE AND ITS VARIOUS PARENT, SUBSIDIARY AND AFFILIATED CORPORATIONS HEREUNDER ARE NOT OBLIGATED TO DETERMINE THE APPLICABILITY OF ANY TAXES NOR IS LEAPFORCE RESPONSIBLE TO COLLECT, REPORT OR REMIT ANY TAXES ARISING FROM SERVICES RENDERED ACCORDING TO THE AGREEMENT.
4. COMPENSATION: In consideration of the Services to be performed by Consultant under this Agreement LEAPFORCE will pay Consultant in accordance with the project rates posted on the LEAPFORCE website for the amount of time spent on Services rendered in accordance with the standard task productivity rates published on the LEAPFORCE website, as they are updated from time to time. Consultant shall submit monthly written invoices of the time spent performing Services, itemizing in reasonable detail the dates and times on which Services were performed, the number of minutes spent on such dates and a brief description of the Services rendered. LEAPFORCE shall pay Consultant the amounts due pursuant to submitted reports within 30 days after such invoices are received by LEAPFORCE conditioned upon each itemized activity being reviewed and approved by LEAPFORCE in accordance with standard LEAPFORCE practices and policies, as they may exist from time to time. Consultant shall be responsible for all expenses incurred while performing services under this Agreement. This includes, but is not limited to, automobile and other travel expenses; meals, insurance premiums, telephone, and all expenses and any other compensation paid to complete the work under this Agreement.
5. ACCEPTANCE OF WORK: LEAPFORCE will accept or reject the Services or any deliverable in its sole reasonable discretion.
6. TERMINATION FOR DEFAULT: If Consultant is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directives of LEAPFORCE, is guilty of serious misconduct in connection with performance hereunder, provides substandard quality and/or workmanship, or materially breaches provisions of this Agreement, LEAPFORCE at any time may terminate the engagement of the Consultant immediately and without prior written notice to the Consultant.
7. TERMINATION FOR CONVENIENCE: LEAPFORCE may terminate this Agreement at any time upon written notice (including by email) to Consultant. Subject to the ACCEPTANCE OF WORK section above, with respect to services performed prior to termination, LEAPFORCE shall pay Consultant costs incurred for work actually performed, delivered, and accepted by LEAPFORCE. Consultant may terminate this Agreement ten (10) days after Consultant provides LEAPFORCE with written notice of Consultant's intent to terminate this Agreement.
8. QUALIFICATION EXAM: This Agreement is conditioned upon the Consultant successfully passing a qualification exam to be administered before Services begin.
9. COMPETENT WORK: All work will be done in a competent fashion in accordance with applicable standards of the profession and all services are subject to final approval by a representative of the Company prior to payment.
10. LEGAL RIGHT: Consultant covenants and warrants that he/she has the unlimited legal right to enter into this Agreement and to perform in accordance with its terms without violating the rights of others or any applicable law and that he/she has not and shall not become a party to any other agreement of any kind which conflicts with this Agreement.