This Agreement is executed between Hostec FZE, hereinafter referred to as “HOSTEC”, and the Mystery Delegate, hereinafter referred to as “Delegate”.
1. Age Qualification
“Delegate” under the age of 18 cannot accept or perform assignments for “HOSTEC”. In addition, certain assignments may require the purchase and consumption of alcoholic beverages. Delegates are further prohibited from accepting assignments requiring the purchase and consumption of alcoholic beverages should you not be of legal age in the jurisdiction in which you reside and where the assignment is to be completed (“legal age”) or if the law in the land of your residence does not permit to do so irrespective of your age limit.
By accepting assignments, you affirm that you are 18 years of age or older and that you will not accept assignments involving the purchase and consumption of alcoholic beverages if you are not of legal age or if the law in the land of your residence does not permit. Upon request, you agree to provide a validly issued Identification Card, Driver’s License, Alcohol Permit or Passport.
2. Independent Status of the Delegate
This Agreement requires an understanding and recognition by Delegate of his or her status as an Independent Delegate. Although not meant to be an exhaustive list, Delegate understands and agrees to the following:
• Delegate will not be considered an employee of HOSTEC for any reason.
• Delegate may not file a wage claim with any state agency.
• HOSTEC does not provide any type of Workman’s compensation or additionally Health, automobile, life, other Property, or Casualty Insurance to Delegate.
• HOSTEC will not be responsible for any of Delegate’s automobile accidents or on-site assignment related accidents. Additionally, this includes illness or personal injuries that Delegate sustains, caused before, during or after Delegate performs his or her assignment.
• HOSTEC will provide all tax reporting documents to all appropriate tax reporting authorities as required by local, state, and federal law.
• Delegate will be solely responsible for reporting and paying his or her applicable taxes. HOSTEC will not provide Delegate with any tax-related advice and urges Delegate to obtain his or her own competent counsel in this regard.
• Delegate shall have no power, express or implied, to bind HOSTEC in any manner.
• Delegate is under no obligation to accept assignments.
3. Description of Assignments
GENERAL NATURE OF WORK:
Delegate agrees to visit/shop HOSTEC’s client’s Establishment or otherwise interact with HOSTEC’s client’s staff (through web, telephone) and accurately and honestly document his or her factual experiences as a customer or shopper for given HOSTEC’s client and report his or her experiences to HOSTEC in a timely fashion (by deadline date established at time of schedule acceptance). Under no circumstances will Delegate reveal that he or she is a “secret shopper,” “mystery shopper,” “customer service evaluator,” or anything of the like for HOSTEC.
LOCATIONS OF ASSIGNMENTS:
It is understood that Delegate’s services will be rendered at various locations throughout the world (or wherever Delegate states their availability).
In the performance of the aforementioned services, the hours Delegate is to work on any given day will be solely up to the Delegate as long as it is within the parameters of the assignment, and HOSTEC will rely upon Delegate to timely fulfill his or her responsibility upon accepting an assignment.
Delegate explicitly understands that Delegate’s review of all accepted assignments must submit to the HOSTEC in a timely fashion as outlined in the parameters of each assignment guideline. HOSTEC’s clients rely on current reviews to make many administrative and executive decisions, none of which can utilize out-of-date reports. Reports submitted past the assignment deadline (for the initial submission of the report) or past the deadline set by the editor (for reports that are returned to the Delegate for revision or clarification) may be subject to a reduction of the fee and/or reimbursement OR rejection of the report. The decision to accept, reject or asses a fee/reimbursement deduction for a past due report is at the sole discretion of HOSTEC.
Delegate explicitly understands that Delegate’s reports must base on what they notice during their assignment and that no part of their report may be fabricated for any reason.
Assignments may be based on deadlines and/or rotations set by the HOSTEC’s clients. Last minute cancellation of assignments and/or non-submission of reports has a detrimental impact on HOSTEC’s business. HOSTEC reserves the right, at it’s sole discretion, to assess a reschedule fee for the cancellation of any assignment without at least 48 hours notice. The reschedule fee may be deducted from any outstanding monies out to Delegate for completed assignments or it may be deducted from future fees and reimbursements.
HOSTEC will pay Delegate per assignment. Additionally, this is following the timely submission of all necessary documents as set out in assignment guidelines. The rate and type of pay varies with each assignment. All of this information would be disclosed upon scheduling the assignment.
By accepting assignment, Delegate is agreeing to perform said assignment for the compensation published with the assignment.
Delegate acknowledges that Delegate’s failure to timely submission of an assignment according to HOSTEC standards and guidelines for each assignment may cause Delegate’s compensation to reduce or eliminate in the sole discretion of HOSTEC. Delegate will not receive fees and reimbursement of costs incurred for assignments that have been rejected by HOSTEC.
• Delegate explicitly understands that all data collected during an assignment, including everything that they observed and experienced, is completely confidential and that the data is the property of HOSTEC.
• Delegate may not disclose the details of their experience with HOSTEC in any manner, using their real name or an assumed name, in any public or private forum, website, written or electronic communication, without the prior written permission of HOSTEC. This includes, but is not limited to, all social media websites, forums, podcasts, newspaper, magazine, radio interviews, television interviews, user review websites, social networking websites, and any verbal or non-verbal conversation.
• Delegate will not disclose Confidential Information (as hereinafter defined) of HOSTEC to any person, firm, HOSTEC, association, or other entity for any reason or purpose whatsoever, without the written consent of HOSTEC.
• Confidential information, as that term relates to this Agreement, means all details, including what is experienced and what is observed, during the Delegate’s mystery shopping assignment. In addition, all non-public information concerning the HOSTEC’s proprietary information, including but not limited to functional and technical data and specifications, trade secrets, know-how, products, services, customers, or other proprietary business information disclosed to you, either directly or indirectly, in writing, orally or otherwise by HOSTEC or any of its advisors.
6. Conflict of Interest
Delegate acknowledges that he or she must give independent, objective feedback in a report. If at any time Delegate becomes an employee/has a relative or friend that is an employee of HOSTEC’s client. The Delegate agrees to immediately decline the assignment and notify HOSTEC in writing of such conflict of interest.
7. Injunctive Relief
Delegate acknowledges that HOSTEC will suffer irreparable damage that cannot be accurately calculated in monetary terms, should Delegate disclose HOSTEC’s Confidential Information. Additionally, disclose or threaten to disclose to HOSTEC’s client that Delegate is a secret shopper or, is otherwise working for HOSTEC. The parties further agree that HOSTEC’s remedy at law for any such breach would be inadequate. Therefore, the parties agree that HOSTEC shall be immediately subject to temporary or permanent injunctive relief to stop such a violation. This injunctive relief shall be in addition to any other legal or equitable relief HOSTEC is to receive. If injunctive relief is granted, Delegate agrees to reimburse HOSTEC for its associated court costs and reasonable attorneys’ fees.
8. Indemnification / Hold Harmless
Delegate shall indemnify HOSTEC and hold HOSTEC harmless from and against any and all liability. Additionally, this includes claims, demands, damages, expenses, fees and costs. In addition, this includes fines, penalties, suits, proceedings and actions. Furthermore, it includes causes of action. This includes without limitation all reasonable attorneys’ fees and expenses incurred by HOSTEC. The action arising out of or relating to, directly or indirectly, any accident or incident associated with Delegate, who was carrying out his or her performance of an assignment and Delegate’s breach of this Agreement.
If a dispute arises, the parties will try to settle it through mediation conducted by a mediator. The parties will share the costs of the mediator equally. Each party will cooperate fairly with the mediator. Additionally, they will attempt to reach a mutually satisfactory compromise to the dispute.
If mediation produces no agreement, the matter will proceed to binding arbitration in United Arab Emirates. Additionally, this is done by a duly qualified arbitrator of UAE Arbitration Association and would conduct in accordance with their Commercial Arbitration Rules. Furthermore, questions regarding the arbitration process not resolved under such rules shall be determined. It will take place in accordance with the UAE General Arbitration Act, or its successor statute. If the parties cannot select a mutual arbitrator, each party will select an arbitrator. Additionally, those arbitrators will select an arbitrator conforming with this Agreement. Costs of arbitration, including attorneys’ fees, will be allocated by the arbitrator.
Judgement on the arbitration award may enter in any court that has jurisdiction over the matter.