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1. Employment Relationship The candidate assigned is an employee or contractor of VB and shall not be deemed to be a Client employee. VB agrees to assume full responsibility for paying, withholding, transmitting payroll taxes; making unemployment contributions; and handling unemployment and worker's compensation claims involving assigned employees. 2. Insurance Certificate of Insurance for the following is available upon Client's request: • Statutory Worker's Compensation Insurance • Commercial Liability Insurance • Excess/Umbrella Liability • Professional Liability • Crime insurance In amounts deemed sufficient 3. CCH Guarantee VB guarantees Client's satisfaction with the candidate's services by providing a one day guarantee period for each new candidate assigned. If for any reason Client is dissatisfied with the candidate assigned, and Client so informs VB before the end of the first day, VB will not charge Client for the unsatisfactory work, up to a maximum of the first eight hours worked, VB's guarantee does not cover any overtime work. 4, Fees & Billing VB will invoice Client at the rate quoted, and the quoted rate (whether communicated by phone, email, or other such reasonable means of communication) is deemed acceptable upon agreement to start the assigned candidate. VB compensates assigned candidate on a weekly basis and invoices weekly for the total hours worked. Because VB Invoices reflect payroll we have already paid, our invoice are due 30 days after the invoice date. Unpaid invoices are subject to a service charge of 1.5% per month (18% per year), In the event Client fails to timely pay any said fees and charges when due (whether for interim services or conversion fees), Client agrees to pay all of VB's fees and costs of enforcement, including but not limited to attorney fees and costs. If Client disputes any portion of the charges on a weekly invoice, Client shall pay the undisputed portion per the terms outlined above. Client agrees that charges must be disputed within thirty (30) days of the invoice date. VB and client have agreed to initial assignment of personnel as referenced in Exhibit A. Additional proposals for services shall be agreed to separately by the Parties and shall be subject to this Agreement. 5. Conversion Fee Client further understands that VB is an employment agency, and temporary employees represent our inventory of skilled professionals as a result of substantial expense in terms of time and money spent for advertising, screening, testing, referencing, and training of such personnel. In the event Client wishes VB employees converted to Client's employ, Client agrees to contact VB regarding VB policy before the conversion, and Client agrees to pay a conversion fee as a percentage of the annual salary according to the following schedule: Duration (Hours) Fee 1- 520 hours No Fee after 520 hours after 720 hours after 1040hours 6. Supervision & Responsibility Supervision of the candidate, and his/herwork for Client, is Client's sole responsibility, and Client shall be solely responsible to provide a safe, harassment -free and discrimination -free workplace, and provide any necessary and appropriate equipment and safety training for that equipment. Client is to immediately report to VS any violations of these provisions, as well as report any injuries or complaints by VB contractor. Client shall defend, and indemnify and hold VB harmless form any and all claims that may arise as a result of Client's actual or alleged breach of these provisions. The prevailing party in any dispute over the applicability or breach of this paragraph will be entitled to its reasonable attorney's fees and costs incurred in such dispute. The parties agree that proper venue for any action based on this contract will be Orange County, California. g42519v200D.949.999.20140929 © vincenteeniamin Group, LLC