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4 Revised Independent Contractor Agreement

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INDEPENDENT CONTRACTOR AGREEMENT

This Agreement is made and entered into on (Date) ______________,


06/01/2023 by and between:
Juan Duarte
CALL MAGICIANS" AND (Legal Name)__________________________, of legal age, and
a resident of _____________________________________________________,
Colombia
hereinafter referred to as the “Independent Contractor”.

Payment eligibility:

In consideration of the services to be rendered by the Independent Contractor, the


Company shall pay him/her a fee of Four United States Dollars per hour ($4/hour)

WHEREAS –

A. CALL MAGICIANS is engaged in the service of providing online support services,


including without limitation, the selection, and screening of independent virtual assistants
for its clients/customers (“Client” or “Clients”);

B. The Independent Contractor offers his/her services to CALL MAGICIANS and warrants
that he/she will provide expert advice and assistance to the Company to ensure successful
management and operations of the business based on his/her education, training,
experience, and personal know-how.

C. CALL MAGICIANS desires to engage the service of the Independent Contractor, as its
independent external management consultant, upon reliance on the Independent
Contractor’s representation, subject to the terms and conditions in this Agreement.

NOW, THEREFORE, the parties hereby agree as follows:

● The Independent Contractor hereby warrants, affirms, and acknowledges that:


He/she has adequate resources to be actually and directly used in the performance
or completion of the Service, including but not limited to the hardware, software,
headset, and internet connection;
● He/she acknowledges and represents being an independent entrepreneur/contractor
entering into this Agreement. Except for the FEES provided in the paragraph above,
the Independent Contractor shall be responsible for all other expenses related to the
performance of the Services;
● He/she is of good moral character and has not been convicted of a crime involving
moral turpitude; and He/she is in good health, fit, and capable of performing the
Services.

● The Independent Contractor personally undertakes that: He/she shall not disclose or use
any Confidential Information without the written consent of the Company.
● He/she shall provide excellent and quality service to the satisfaction of the Company and
shall provide all related and necessary services as may be required by the Company.
● He/she shall abide by the code of ethics, guidelines, and rules and regulations
provided by the Company.
● He/she shall NOT solicit, offer, nor accept any business venture to any Client,
employee, contractor, agent, or consultant of CALL MAGICIANS, whether directly or
indirectly, without the Company’s consent.
● He/she shall NOT engage in any business or employment-related or similar to the
business of the Company without the Company’s consent; and shall NOT solicit or
induce any of the employees, representatives, agents, contractors, consultants, or
Clients of the Company to leave or terminate its relations with the Company.

TERM AND TERMINATION

CALL MAGICIANS may terminate this Agreement with immediate effect for the
Independent Contractor’s breach of any provision of this Agreement and/or any of his/her
obligations hereunder, including the following:

1. If the Independent Contractor violates the applicable standard or norm of


conduct of professional ethics of an Independent Contractor.
2. When the Independent Contractor violates or in any way fails to comply with any of
the terms and conditions stipulated in the CALL MAGICIANS HANDBOOK and/or
any of its amendments or modifications.
3. If the Independent Contractor discloses any Confidential Information as defined in
the CALL MAGICIANS HANDBOOK, without the Company’s prior written
consent.

Voluntary Termination. This Agreement may be terminated by either of the parties by


serving a written notice at least 2 weeks (14) days before the effective date of termination
otherwise, he/she may be required to pay corporation damages equivalent to one (1) pay
period which will be deducted from his/her final pay.

CONFIDENTIALITY, NON-DISCLOSURE, AND NON-COMPETE.

Confidential Information. The Independent Contractor acknowledges that he/she may, in


the course of performing his/her responsibilities under this Agreement, be exposed to or
acquire Confidential Information of the Company, its affiliates, subsidiaries, or its clients.

“Confidential Information” means proprietary or non-public information that the Independent


Contractor obtains knowledge of or access to in connection with the transactions
contemplated by this Agreement, including without limitation information related to the
Company’s and/or Client’s business, business processes and practices, marketing strategy,
integration layout specifications, user interfaces, other strategic information, and the
information presented in the Appendices hereto, in any media (whether tangible or
intangible and whether in written, magnetic, optical, electronic or another form).

Non-Disclosure. Independent Contractor agrees to hold the Company’s and/or its Client’s
Confidential Information in strict confidence and not to disclose or use such Confidential
Information for any purpose whatsoever, other than the provision of Services hereunder.
Without limitation to the foregoing, the Independent Contractor will advise the Company
immediately in the event that the Independent Contractor learns or has reason to believe
that any person who has had access to Confidential Information has violated or intends to
violate the terms of this Agreement and/or intends to disclose such Confidential Information
to unauthorized persons.

Non-Compete. During the term of this Agreement, the Independent Contractor “CAN
NOT” participate, directly or indirectly, in the ownership, establishment, management, or
operation of any business similar or competitive to the business of the Company. This
prohibition includes employment, consultancy, or agency with any business similar or
competitive to the business of the Company, including the business of any Client or former
Client of the Company.

INDEPENDENT CONTRACTOR STATUS


The Independent Contractor agrees, understands, and acknowledges that nothing in this
agreement is intended to or should be construed to create a partnership, joint venture, or
an employer-employee relationship. Moreover, the Independent Contractor acknowledges
that he/she shall have no authority to act as agent for, on behalf of, CALL MAGICIANS, or
to represent it, or bind the same in any manner.

By signing this you acknowledge that you understand the terms of this agreement.

Juan Duarte
I, ​___________________________ hereby acknowledge that I have received and read CALL
MAGICIANS’ Independent Contractor Agreement and that I am fully aware of its terms. I also
agree to read and comply with all policies adopted by CALL MAGICIANS.

I understand that compliance with this Agreement is a condition of my Independent Contractor


Agreement.

Name: Juan Duarte


Independent Contractor

Signature: ______________________
Juan Duarte

06/01/2023
Date Signed: ____________________

Signature:
Name: Elke Reisinger
Designation: Human Resources Manager

Independent Contractor Name:

Signature: ____________________
CONFIDENTIAL

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