AGREEMENTS BETWEEN THE COMPANY AND CONSULTANTS:
AUTHORIZATION(A), NON-COMPETE (NC) & NON-DISCLOSURE (ND) AGREEMENT
(Pre-interviews and Pre-employment general agreement for USA, Canada and Europe Employment)
This is an agreement between
The company: Synergy Global Services, Inc./Ltd./UG, USA/Canada/UK/Germany respectively and its subsidiaries / branches / group companies/companies post merger or acquisition / renamed / whichever the companies with whatever the name registered and will be registered in the USA/Canada/Europe/India for whatever the strategic business reasons by the present company majority share holder (Sudheer Pundru) and holds 25% or more shareholding. In all these scenarios here after called as “The Company”.
AND
The consultant: Consultant ( Mr./Ms. First Name Last Name, Date of Birth: Date, Month, Year ) is a full-time/permanent employee or prospective full-time/permanent employee of the company, who agreed to join the company as per the below terms and conditions. Here after called as “The consultant”
- Authorization (A): The consultant hereby authorizing the company to submit his/her reformatted resume to the recruiters/vendors/clients/partners or potential vendors/clients/ partners of the company in the USA/Canada/Europe to work as a consultant on contract/ subcontract basis at the vendor/client/partner location in the USA/Canada/Europe. Whereas the client is the one who needs IT/Software services/solutions, vendors are the contractors of the end clients and recruiters are the recruitment employees of the vendors/clients. As contracts with vendors/clients and contact details of them are confidential, so company reserves the right to not to disclose contract terms and conditions and the billing rates and contact details of the recruiters/vendors/clients/partners to the consultant, wherever the consultant’s resume would be submitted.
- Non-Compete (NC): The consultant agrees to promptly take the telephonic and/or face-to-face interviews from recruiters/vendors/clients/partners arranged by the company. The consultant agrees that he/she will not attempt/solicit to seek direct or indirect or through any third party companies any project or any kind of employment (permanent/contract/ subcontract) with the recruiters/vendors/clients/partners introduced by the company or introduced by the company introduced recruiters/vendors/partners and/or whichever contact details he/she will get to know from the recruiters/vendors/clients/partners/past and present employees/consultants of the company in this process of introduction/interview/work and/or by company sharing contact details of the recruiters/vendors/clients/partners to the consultant over the emails ( firstname@synergy-g-s.com / personalid@whatevermail.com ) or over phone calls/conference calls, for a period of one year from such an introduction and one year from the telephonic or face-to-face interview date from recruiters/vendors/clients/partners and one year from the end date of the contract/subcontract with the client/vendor and one year from the last date of the assignment with the client/vendor and one year from the termination of employment with the company.
- Non-Disclosure (ND): The consultant agrees that he/she will not disclose the contract/subcontract/ corp-to-corp contract terms or billing rates or contact details of the recruiters/vendors/clients he/she will get to know in this process of introduction/interview/ work to anyone, including but not limited to family/friends/ present and past companies colleagues/consultants/ employees of the company or to any other third party companies or to their management and their recruiters/employees nor to disclose these contact details/terms/rates to join any other third party companies to attempt/solicit to seek any kind of (permanent or contract or subcontract) employment/project with them and to work for our vendors/clients or potential vendors/clients introduced by the company in whatever the ways. As all these leads to loss of the business to the company and it will lead to the advantage of the competitor companies and lack of competitiveness to the company by losing business to the competition companies etc
- Interview schedules: Technical interviews over the phone/VOIP phone from India with USA/Europe/Canada phone numbers/face to face interviews for the consultant from the vendors and clients will be arranged/scheduled only after the consultant accepts and signs the terms and conditions in this agreement.
- Pre-employment: If recruiters/vendors considers to submit the consultant’s resume to the end clients and if the consultant gets selected in the interview from the vendor’s and end client’s, consultant agreed to join the company from the start date of the first project as a full-time/ permanent employee with direct employment with company’s USA/Canada/Europe offices payroll to work at vendor’s/client’s location anywhere in the USA/Canada/Europe for direct clients of the company or through vendors on a Corp-to-Corp/Contract to hire basis. In all these cases the consultant agreed to join the company as a full-time/permanent employee at the gross annual salary of USD 60,000 in the USA / CAD 60,000 in Canada / GBP 33,000 in UK / EUR 40,000 in the Euro Countries / CHF 60,000 in Switzerland, based on the work location in anywhere in the USA/Canada/Europe and the benefits details sent to the above email ids. The salary will be reviewed once in a year. Upon company receiving a first project contract/subcontract from the clients/vendors, the company and consultant agreed to sign an official employment agreement from one of these countries offices with the salary and benefits mentioned here and start date of first project as an official employment start date.
- Work permit/Visa: If consultant requires a work permit/visa to work in the USA/Canada/Europe, company will take care of all such legal formalities paper work from the respective countries work permit/residence permit departments/immigration authorities/ embassies/consulates, and the consultant need to submit all the required documents for such a paper work to the consulate or to the company along with this agreement.
- Work time sheets: Consultant agrees that he/she is obligated to submit weekly/bi-weekly/ monthly onsite work time sheets to the company signed by him/her and approved by the onsite vendor’s and/or client’s managers. If not company reserves the right to not to pay/hold the monthly salary and benefits to the consultant.
- Refundable commitment deposit: As consultant agreed to join the company as a full-time/ permanent employee to work in the USA/Canada/Europe and for whatsoever the reasons if consultant doesn’t report to the company/vendors/clients in the USA/Canada/Europe, consultant understood the initial costs risks involved to the company towards work permit/residence permit/visa processing costs/law firms fee, administrative costs, global onsite recruitment and marketing staff salaries costs to get first onsite projects and offices rents/service fee and all other expenses. So consultant agreed to deposit Euros 500 or INR 35,000 along with this signed agreement and Euros 500 or INR 35,000 after getting work permit/visa from consulate. This amount has to be deposited with a check/demand draft/bank transfer on the name of Synergy Global Services UG, Frankfurt A/C with Deutsche Bank, Frankfurt or Sudheer Pundru, A/C with SBI, Hyderabad. This deposit will be 100% (€ 1,000) refunded after consultant reports to the company and clients in the USA/Canada/Europe and after submitting his/her first week’s approved timesheets from the first client, otherwise this deposit will be forfeited. In case if consultant breaches any terms in this agreement in such case also this deposit will be forfeited apart from the following “breach/extents of damages” clause. In spite company’s best efforts, within 4 to 6 months from this agreement date, in case if consultant doesn’t get work permit/visa from consulate or initial first project from vendors/clients and if consultant doesn’t want to wait further company agreed to refund 60% amount of this deposit.
- Breach/Extents of damages: Because monetary damages are difficult to ascertain and are likely to be inadequate to compensate the company for any breach of this agreement, consultant agreed that company shall be entitled to injunctive relief (both temporary and permanent) for any breach or proposed breach or attempt to breach of this agreement. In addition, consultant shall be liable for any damages, costs and fees incurred by the company related to any breach of this agreement and law firms’ fees encountered in seeking such remedy, otherwise consultant agreed to pay USD/Euros/GBP 18,000 (Eighteen Thousand USD/Euros/GBP) towards the breach of this agreement to the company or as per the laws of USA/Canada/EU countries/India or which ever is higher. Consultant also agreed to indemnify and hold harmless the company for any and all losses, costs and all other liabilities incurred, including costs and fees, related to any breach of the obligations set forth herein.
- Oral modifications not binding: Oral changes of this agreement have no effect. It may be altered only by a written agreement signed by both parties’ anytime and the latest dated agreement will prevail over the old agreement and old agreement will be voided.
- Laws & Jurisdiction: This agreement is valid according to the laws of USA/Canada/European Union countries/India under the jurisdiction of New York / Toronto / London / Frankfurt / Hyderabad courts respectively or whichever is higher.
Place: New York, NY, USA Date: Date, Month, Year
The Company: Consultant:
Synergy Global Services, Inc./Ltd/UG First Name Last Name
Sudheer Pundru, H.No#, Apt Name, Flat#
Founder, MD & CEO Street/Road/Area Name, CITY – PIN, STATE, COUNTRY
EMPLOYMENT AGREEMENT FOR USA
This is an employment agreement, between
Synergy Global Services, Inc., New York, NY, USA (here after the “Company”) AND
Mr./Ms. First Name Last Name, Date of Birth: Date, Month, Year (here after the “Employee”)
For good consideration the company employs the employee on the following terms and conditions:
- Term of employment: Subject to the provisions for termination set forth below this agreement will begin on Date Month, Year till unlimited period.
- Position: The company hires the employee as an IT consultant.
- Salary: The company shall pay employee yearly salary of USD 60,000 (Sixty thousand USD) per annum or USD 5,000 (Five thousand USD) per month, for the services of the employee. The salary will be reviewed for every twelve months. Salary increases are rewarded according to the performance of the employee.
- Duties: The individual work hours of the employee shall comprise 40 hours per week. The place of duty is in New York, NY and all over the USA, depending on the project requirements. The employee agrees to be transferred to Synergy Global Services, Canada / UK / Germany / EU countries / Switzerland with a four weeks notice to the 15th or end of the month, in case the project requires it. In this case the employment agreement with Synergy Global Services, Inc., New York ends and a new employment agreement will be made with the respective Synergy Global Services, offices in the Canada / UK / Germany / EU Countries / Switzerland as per their standards.
- Vacation/Disability: The employee entitled to a yearly vacation/disability of 12 days at full pay.
- Termination of agreement: The company and the employee may terminate this agreement with a period of 4 weeks to the15th or to the end of the month.
- Secrecy: The employee has to keep all the information that he gets to know from the company and it’s clients strictly secret, also after the end of the contract, and he must observe the regulations as defined by the USA federal and state laws “For Proliferation and Protection of personal data”.
- Oral modifications not binding: Oral changes of this agreement have no effect. It may be altered only by a written agreement signed by both parties.
- American law: This agreement is valid according to the USA work permit and visa/residence permit laws and exclusively ruled by the laws of the USA.
Place: New York, NY, USA Date: Date, Month, Year
The Company: Consultant:
Synergy Global Services, Inc. First Name Last Name
Sudheer Pundru, H.No#, Apt Name, Flat#
Founder, President & CEO Street/Road/Area Name, CITY – PIN, STATE, COUNTRY |
EMPLOYMENT AGREEMENT FOR CANADA
This is an employment agreement, between
Synergy Global Services, Inc, Toronto, ON, Canada (here after the “Company”) AND
Mr./Ms. First Name Last Name, Date of Birth: Date, Month, Year (here after the “Employee”)
For good consideration the company employs the employee on the following terms and conditions:
- Term of employment: Subject to the provisions for termination set forth below this agreement will begin on Date Month Year till unlimited period.
- Position: The company hires the employee as an IT consultant.
- Salary: The company shall pay employee yearly salary of CAD 60,000 (Sixty thousand CAD) per annum or CAD 5,000 (Five thousand CAD) per month, for the services of the employee. The salary will be reviewed for every twelve months. Salary increases are rewarded according to the performance of the employee.
- Duties: The individual work hours of the employee shall comprise 40 hours per week. The place of duty is in Toronto and all over the Canada, depending on the project requirements. The employee agrees to be transferred to Synergy Global Services, USA / UK / Germany / EU countries / Switzerland with a four weeks notice to the 15th or end of the month, in case the project requires it. In this case the employment agreement with Synergy Global Services, Inc, Toronto ends and a new employment agreement will be made with the respective Synergy Global Services, offices in the USA / UK / EU Countries / Switzerland as per their standards.
- Vacation/Disability: The employee entitled to a yearly vacation/disability of 12 days at full pay.
- Termination of agreement: The company and the employee may terminate this agreement with a period of 4 weeks to the15th or to the end of the month.
- Secrecy: The employee has to keep all the information that he gets to know from the company and it’s clients strictly secret, also after the end of the contract, and he must observe the regulations as defined by the Canadian laws “For Proliferation and Protection of personal data”.
- Oral modifications not binding: Oral changes of this agreement have no effect. It may be altered only by a written agreement signed by both parties.
- Canadian law: This agreement is valid according to the Canadian work permit and residence permit laws and exclusively ruled by the federal and state/provincial laws of the Canada.
Place: Toronto, Canada Date: Date, Month, Year
The Company: Consultant:
Synergy Global Services, Inc. First Name Last Name
Sudheer Pundru, H.No#, Apt Name, Flat#
Founder, MD & CEO Street/Road/Area Name,
CITY – PIN, STATE, COUNTRY
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EMPLOYMENT AGREEMENT FOR UK
This is an employment agreement, between
Synergy Global Services Ltd, London, UK (here after the “Company”) AND
Mr./Ms. First Name Last Name, Date of Birth: Date, Month, Year (here after the “Employee”)
For good consideration the company employs the employee on the following terms and conditions:
- Term of employment: Subject to the provisions for termination set forth below this agreement will begin on Date Month Year till unlimited period.
- Position: The company hires the employee as an IT consultant.
- Salary: The company shall pay employee yearly salary of GBP 33,000 (Thiry three thousand GBP) per annum or GBP 2,750 (Two thousand seven hundred fifty GBP) per month, for the services of the employee. The salary will be reviewed for every twelve months. Salary increases are rewarded according to the performance of the employee.
- Duties: The individual work hours of the employee shall comprise 40 hours per week. The place of duty is in London and all over the UK, depending on the project requirements. The employee agrees to be transferred to Synergy Global Services, USA / Canada / Germany / EU countries / Switzerland with a four weeks notice to the 15th or end of the month, in case the project requires it. In this case the employment agreement with Synergy Global Services, Ltd, London ends and a new employment agreement will be made with the respective Synergy Global Services, offices in the USA / Canada / Germany / EU Countries / Switzerland as per their standards.
- Vacation/Disability: The employee entitled to a yearly vacation/disability of 12 days at full pay.
- Termination of agreement: The company and the employee may terminate this agreement with a period of 4 weeks to the15th or to the end of the month.
- Secrecy: The employee has to keep all the information that he gets to know from the company and it’s clients strictly secret, also after the end of the contract, and he must observe the regulations as defined by the British law “For Proliferation and Protection of personal data”.
- Oral modifications not binding: Oral changes of this agreement have no effect. It may be altered only by a written agreement signed by both parties.
- British law: This agreement is valid according to the UK work permit and residence permit laws and exclusively ruled by the laws of the Great Britain/UK.
Place: London, UK Date: Date, Month, Year
The Company: Consultant:
Synergy Global Services, Ltd First Name Last Name
Sudheer Pundru, H.No#, Apt Name, Flat#
Founder & CEO Street/Road/Area Name, CITY – PIN, STATE, COUNTRY
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EMPLOYMENT AGREEMENT FOR GERMANY
This is an employment agreement, between
Synergy Global Services UG, Frankfurt/M, Germany (here after the “Company”) AND
Mr./Ms. First Name Last Name, Date of Birth: Date, Month, Year (here after the “Employee”)
For good consideration the company employs the employee on the following terms and conditions:
- Term of employment: Subject to the provisions for termination set forth below this agreement will begin on Date Month Year till unlimited period.
- Position: The company hires the employee as an IT consultant.
- Salary: The company shall pay employee yearly salary of Euros 40,000 (Forty thousand Euros) per annum or Euros 3,333 (Three thousand three hundred thirty three Euros) per month, for the services of the employee. The salary will be reviewed for every twelve months. Salary increases are rewarded according to the performance of the employee.
- Duties: The individual work hours of the employee shall comprise 40 hours per week. The place of duty is in Frankfurt/M and all over the Germany, depending on the project requirements. The employee agrees to be transferred to Synergy Global Services, USA / Canada / UK / EU countries / Switzerland with a four weeks notice to the 15th or end of the month, in case the project requires it. In this case the employment agreement with Synergy Global Services UG, Frankfurt ends and a new employment agreement will be made with the respective Synergy Global Services, offices in the USA / Canada / UK / EU Countries / Switzerland as per their standards.
- Vacation/Disability: The employee entitled to a yearly vacation/disability of 12 days at full pay.
- Termination of agreement: The company and the employee may terminate this agreement with a period of 4 weeks to the15th or to the end of the month.
- Secrecy: The employee has to keep all the information that he gets to know from the company and it’s clients strictly secret, also after the end of the contract, and he must observe the regulations as defined by the German law “For Proliferation and Protection of personal data” (Bundesdatenschutzgesetz/BDSG).
- Oral modifications not binding: Oral changes of this agreement have no effect. It may be altered only by a written agreement signed by both parties.
- German law: This agreement is valid according to the German work permit and residence permit laws and exclusively ruled by the laws of the Federal Republic of Germany.
Place: Frankfurt, Germany Date: Date, Month, Year
The Company: Consultant:
Synergy Global Services, UG First Name Last Name
Sudheer Pundru, H.No#, Apt Name, Flat#
Founder, MD & CEO Street/Road/Area Name, CITY – PIN, STATE, COUNTRY
ARBEITSVERTRAG (Employment Agreement in German Language)
Arbeitsvertrag zwischen
Synergy Global Services UG, Frankfurt/M, Deutschland („Arbeitgeber“) und
Herr Vorname Nachname, Geburtsdatum: Tage. Monat Jahr („Arbeitnehmer“).
Mit dem Ziel einer guten und vertrauensvollen Zusammenarbeit stellt der Arbeitgeber den Arbeitnehmer zu folgenden Bedingungen ein:
- Anstellungsdauer: Das Arbeitsverhältnis beginnt am Tag. Monat Jahr. Es wird auf unbestimmte Zeit geschlossen und kann mit den unten angegebenen Fristen gekündigt werden.
- Gehalt: Der Arbeitgeber zahlt dem Arbeitnehmer ein jährlich Gehalt von 40.000 Euro (Vierzigtausend Euro) oder monatliches Gehalt von 3.333 (Dreitausenddreihundertdreiunddreißig Euro) brutto für die Dienste des Arbeitnehmers. Das Gehalt wird im Abstand von zwölf Monaten überprüft und entsprechend der Leistung des Arbeitnehmers erhöht.
- Position: Der Arbeitgeber stellt den Arbeitnehmer als IT berater ein.
- Pflichten: Die persönliche Arbeitszeit des Arbeitnehmers beträgt 40 Stunden pro Woche. Arbeitsort ist Frankfurt/M so wie das gesamte Bundesgebiet, abhangig von den Erfordernissen der zu bearbeitenden projekte. Das arbeitsnehmer ist damit einverstanden, mit einer Ankündigung von 4 Wochen zum Fünfezehnten oder zum Ende eines Kalendermonats zu Synergy Global Services, USA / Kanada / GB / EU-Länder / Schweiz versetzt werden, falls ein Projekt dies erfordert. In diesem Fall endet der Arbeitsvertrag mit dem Arbeitgeber (Synergy Global Services UG, Frankfurt) und ein neuer Arbeitsvertrag wird mit jeweligen Büro zu den Synergy Global Services, USA / Kanada / GB / EU-Länder / Schweiz dortüblichen Bedingungen geschlossen werden.
- Urlaub/Arbeitsunfähigkeit: Der Arbeitnehmer ist berechtigt, jährlich einen Urlaub/ Arbeitsunfähigkeit von 12 Tagen bei voller Bezahlung zu nehmen.
- Kündigung des Arbeitsverhältnisses: Der Arbeitgeber und der Arbeitnehmer können das Arbeitsverhältnis mit einer Frist von 4 Wochen zum Fünfzehnten oder zum Ende eines Kalendermonats kündigen.
- Datenschütz: Das Arebitnehmer hat alle Informationen, die ihm vom Arbeitgeber oder dessen Klienten bekannt werden, streng geheim zu halten, auch nach Beendigung des Arbeitsvehältnisses, sowie die Regelungne des Bundesdatenschützgesetzes (BDSG) einzuhalten.
- Schriftformerfordernis: Mündliche Änderungen oder Ergänzungen der vorliegenden Vereinbarung sind unwirksam. Jede Änderung der Vereinbarung bedarf der Schriftform und muss von beiden Vertragsparteien unterschrieben werden.
- Deutsches Recht: Das Arbeitsverhältnis ist gültig gemäß dem deutschen Recht über Arbeits- und Aufenthaltserlaubnisse. Die Parteien sind sich darüber einig, dass auf die vorliegende Vereinbarung ausschließlich deutsches Recht anzuwenden ist.
Ort: Frankfurt/M Datum: Tage. Monat Jahre
Firma: Arbeitnehmer:
Synergy Global Services UG Vorname Nachname
Sudheer Pundru, Apartment Name, Apartment #,
Gründer, Geschäftsführer & Vorstandschef Strasse #, Stadtteil,
STADT - PLZ, STAAT, NATION
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