Employer of Record Terms of Service

Last updated: May 6, 2020

General Terms

This Contractor Payments Agreement (“Agreement”) is a legal agreement between Pilot Platform Inc., and its related affiliates and subsidiaries (“Pilot”, “us”, or “we”) and the entity (“Company”, “you”, “your”, or “user”) who uses Pilot’s Services (hereinafter defined). For purposes of this Agreement, Pilot and the Company are each a “Party,” and are collectively the “Parties”. This Agreement describes the terms and conditions that apply to your use of the Services.

If you do not understand any of the terms of this Agreement, please contact Pilot before using the Services.

Before using the Services, you must register with Pilot and create an account (a “Pilot Account”).

You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement.

Relationship to Other Agreements

Use of the Service binds you to this Agreement, and to any updates or modifications we may make from time to time. This Agreement governs your use of the Service. The Services Agreement and this Agreement are separate agreements. However, certain provisions of the Services Agreement are incorporated into this Agreement by reference. To the extent that there is a conflict between the incorporated provisions of the Services Agreement and the provisions of this Agreement, this Agreement will prevail. Any capitalized terms that are used but not defined in this Agreement have the meanings given in the Services Agreement.

Pilot shall provide Employer of Record Services for Workers over Pilot’s Platform. Employer of Record Services generally means that (1) Company shall source Workers, (2) refer those Workers to Pilot, (3) Pilot shall become the employer of record with respect to those Workers, (4) Pilot shall assign those Workers to provide services under the direction and control of Company, and (5) Pilot shall be responsible for administering those employees, as more particularly described below.

Company-Specific Obligations

  1. Company shall be solely responsible for sourcing and evaluating Workers under this Agreement, including, but not limited to, evaluating their skills and qualifications.
  2. Company shall be solely responsible for providing Workers with a proper, safe working environment, including, but not limited to, all equipment and materials required to satisfactorily perform the job and as otherwise required by law.
  3. Company shall be solely responsible for providing all training to Workers, including, but not limited to, technical and safety training.

Employment Agreement

  1. Pilot shall require each Worker to sign an employment agreement before such worker commences providing services to or on behalf of Company, the form of such agreement to be agreed upon by the Parties.

Payment Policy (for Workers)

  1. Pilot shall provide Company with reports through Pilot’s Platform listing all Workers and their corresponding salaries/remuneration and benefits.
  2. Any additional payment that Company will ask to pay the Worker, out of the ordinary monthly salary cycle (e.g. bonus, commission etc.), must be requested by the Company in writing. Said funds will be paid by the Company to Pilot immediately after the written request and before any such payment will be made by Pilot to the Worker. Without derogating from the above mentioned, Pilot will not finance any payment in the name of the Company.
  3. Pilot shall pay Workers their salary/remuneration and provide their benefits as per the employment agreements they sign, according to the agreed payroll schedule as shown in Pilot’s Platform, and otherwise in compliance with applicable law.
  4. As agreed upon by the Parties and otherwise as required by applicable law, Pilot shall pay and/or administer all aspects of employee pay and benefits, including, but not limited to, as each of the following may be applicable, salary, insurance, benefits, taxes, duties, and employee expenses.
  5. Pilot shall fulfill all governmental reporting obligations relating to employees, including, but not limited to, tax reporting obligations.
  6. The compensation package that Pilot offers to each Worker shall be subject to Company’s prior approval. Any change to the compensation package shall be subject to Company’s prior approval.
  7. In the event that the cost to employ a Worker increases a result of any regulatory or legal changes in applicable law, including, but not limited to, increase in costs associated with mandatory health benefits, sick leave laws, an increase in VAT, or new social benefits, Pilot shall notify Company through Pilot’s Platform, and Company shall be responsible to pay such costs.

Payment Policy (for Company)

  1. Deposit. Company shall pay a security deposit per Worker, in the amount specified in whichever form Pilot uses to capture the Worker’s data. The security deposit shall be returned to Company within thirty (30) days following termination and/or expiration of the applicable employment agreement, unless Company fails to make any required payments to Pilot in which case Pilot may offset the failure to make any required payments with the security deposit.
  2. General. Pilot’s pricing (including, but not limited to, its markup and fees) is exclusive of VAT and other applicable taxes on Workers. Company shall be solely liable for any such taxes over and above Pilot’s pricing hereunder.

Equipment and Office Space

  1. Company shall be solely responsible for providing all equipment, including, but not limited to, laptops, phones and other hardware devices to Workers. Company shall also be responsible for arranging office space for Workers. In the instance that Company wishes to have Pilot provide equipment (e.g., purchase, lease or rent laptops to Workers) or provide for office space for Workers (e.g., lease or rent office space) Pilot and Company will enter into a mutual agreement outlining the upfront or monthly fees as agreed to between the parties.

Termination of Employment

  1. Company shall not give Workers a notice of termination at any time. Rather, Company may request that Pilot, with at least the statutorily required notice period, terminate the engagement of Workers provided reasonable grounds are set forth in the notice. Pilot shall then terminate such engagement subject to compliance with applicable law and any applicable agreement then in place with a Worker. This Agreement shall remain in full force and effect with respect to each Worker until such time as the engagement is terminated. The Company acknowledges that Pilot shall have no obligation to terminate Workers in violation of applicable law. To the extent a Worker or Workers must remain employed for purposes of complying with applicable law (e.g., contractual notice requirements), Pilot shall terminate such employees as soon as applicable law otherwise permits. During the time period of such employment, this Agreement shall remain in effect with respect to such Worker or Workers.

For the avoidance of doubt, Pilot shall have no role, responsibility, or liability with respect to the sourcing of Workers, the quality of work provided by Workers, or any errors, omissions, misconduct, negligence, illegality, or fraud of Workers under this Agreement.