Independent Contractor and Sole Proprietor Relationship

Independent Contractor and Sole Proprietor Relationship

Independent Contractor and Sole Proprietor Relationship

Trade, occupation, profession, or business

Our Authorized agents, Independent Contractors, Sole Proprietors and Freelancers are customarily engaged in an independently established trade, occupation, profession, or business and are allowed to represent competitors and also hold other full time occupations.

Making Service Available to the General Public

You may make your services available to the general public on a regular and consistent basis.

Working for More than One Firm at a Time

You may not service multiple firms at the same time.

Right to Discharge

Understand that the contract specifications are provided on a subcontracted basis between Kirsten & Associates and our network partner and our Authorized agent is made aware and receives a copy of the specifications. Failure to meet certain specifications within the contract may result in non-renewal or even a termination of the contract between the network and Kirsten & Associates and subsequently the contractor is released of their duties.

Realization of Profit/Loss

Understand that our Authorized Agents can realize a profit or suffer a loss as a result of the worker’s services, and suffer economic risk. It is at our Authorized Agents sole discretion to invest in a certification, pass the certification and pick intervals. If the Agent chooses to not finish certification, does not pass certification or chooses not to service any intervals after certification, then they will suffer a loss of the certification course cost and any equipment purchased to provide services. If the agent does certify and does choose to service intervals, it is possible to realize a profit.

Investment

Significant Investment – Understand that this type of work may require a significant investment in order to provide services to the clients on the Kirsten & Associates Job Board. Some of the investments that need to be made are the following but not limited to:
Home-based Customer Support Professional
  • Computer that meets the technical requirements
  • Wired mouse and keyboard
  • Headset for certification class
  • Phone system with noise cancelling headset
  • Hardwired dedicated internet
  • Dedicated telephone line
  • Office space (Can be anywhere)
  • Client certification course which can be an investment of anywhere between $29 and $199.
Furnishing of Tools and Materials

Kirsten & Associates does not furnish any tools or materials needed to perform any job or servicing opportunity. It is up to the Authorized User/Contractor, Sole Proprietor or Freelancers to provide their own equipment, servicing space, means to service and any materials needed to provide services to the client(s) they choose to provide their services to.

Payment of Business and/or Traveling Expenses

Kirsten & Associates does not pay or reimburse our Authorized Users/Contractors, Sole Proprietors or Freelancers for any travel or business expenses.

Payment by Hour, Week, or Month?

Kirsten & Associates does not pay Authorized Users/Contractors, Sole Proprietors or Freelancers by the Week or Month. Our Authorized Agents are paid per hour singed in and actively providing services to the client. Each client opportunity on the job board will indicate what that client is offering as the projects compensation. It is the Authorized Users sole discretion to choose the client and fully understand the pay prior to servicing. The client sends the payment for services to the network, then the network sends the payment for services to Kirsten & Associates. Kirsten & Associates will then deduct the flat service fee and forward the payment on to the Authorized agent. Payments are distributed on a bi-monthly basis as long as the Authorized Agent is providing the services as per the Statement of Work between Kirsten & Associates and the network.

Requiring Worker to Submit Oral or Written Reports

Kirsten & Associates does not require our Authorized Users/Contractors, Sole Proprietors or Freelancers to provide any written or oral reports. The clients may ask for enhancement sessions, have online meetings or monitor our contractors performance and give tips on how to improve. None of these meetings or online sessions are mandatory and are completely voluntary to attend.

Doing Work on Certain Premises

Our Authorized Users can provide their services from anywhere that they choose. It is at the sole discretion of our Authorized Users/Contractors, Sole Proprietors or Freelancers as to how, when or where they are to provide services to the client they choose.

Set Hours of Work

You do not have set hours of work. You choose your own schedule and have full control of when you provide your services based on the clients needs and business hours. The Statement of Work between the client and Kirsten & associates may indicate some minimum hourly expectations of the Authorized Users/Contractors, Sole Proprietors or Freelancers and if the Authorized User/Contractor, Sole Proprietor or Freelancer is unable to meet the minimum expectations over a period of 4 weeks, the client may choose to terminate the contract between the network and Kirsten & Associates causing the subcontractor to be released from the project. All expectations are laid out prior to the contractor choosing the project and it is the contractor’s choice to adhere to these expectations.

In addition Full Time work is NOT required. Our contractors may choose to service their client part time or full time and it is completely at the contractors discretion.

Continuing Relationship

All client offerings posted on the Kirsten & Associates website are considered temporary. The clients will offer a 30, 60, 90 or 120 day contract and you are able to choose to take that contract or not as an Authorized User/Contractor, Sole Proprietor or Freelancer. When your contract ends, the client still may need your services and may offer a new contract for another 30, 60, 90 or 120 days. There is no guarantee you will be offered a new contract. You may choose to service more than one client and may choose to service any client outside of Kirsten & Associates.

Services Must Be Rendered Personally

Due to the Non Disclosure agreement and Master Services Agreement signed between you and the network you are not allowed to outsource your work.

Training or Certification

Training is not provided by or required by Kirsten & associates. Certain certification requirements must be met in order to meet the demands of the client that you choose to provide your Authorized User/Contractor, Sole Proprietor or Freelancer services to. It is your choice to receive the needed certifications in order to be able to provide the appropriate services to the client that you choose from our job board. Certifications do involve an investment on your part as a contractor and Kirsten & Associates does not pay for any certification for any contractor.

Requiring Compliance with Instructions

An Authorized User/Contractor, Sole Proprietor or Freelancer is not required to comply with instructions about when, where, and how he or she is to work. The client Statement of Work is between Kirsten & Associates and the network and is a guide as to what is expected from the Authorized User/Contractor, Sole Proprietor or Freelancer.

Right to Terminate Liability

The worker has the right to end his or her relationship with the person/company for whom the services are performed at any time he or she wishes but the worker does incur liability. A termination fee based on the remaining contracted term fee will be assessed not to exceed $415.50 on the final payment for services. Any vouchers that were issued will be recouped if the Authorized User/Contractor, Sole Proprietor or Freelancer did not provide services to the client for at least 30 days.

Overtime and Benefits

The Authorized User/Contractor, Sole Proprietor or Freelancer that contract under Kirsten & Associates are Independent Contractors and are not eligible for overtime, benefits or unemployment.

Valid Business

You do not have to own a business to partner with Kirsten & Associates. You may be a Sole Proprietor and use your social security number for tax purposes. You will receive a 1099 if you earned more than $600 in a year. Having an EIN is beneficial as it does show that you are an Independent Contractor. Obtaining an EIN is free and easy and can be done at www.irs.gov.

If you have any questions, please feel free to Contact Us.
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