Conditions of Service

Customer confirms its agreement with Peak Employment Solutions (hereafter referred to as "Service") designated on the front hereof as to the following terms and conditions of service rendered by the Service now or in the future.

1. Customer agrees that the hours worked as indicated on the front of work ticket are correct and that the work was performed in a satisfactory and workman like manner by the Service's temporary employee named in work ticket. Customer agrees that it is responsible for verifying that all charges, information and entries are correct as set forth on the front of the work ticket.

2. The individual signing the time ticket as Customer's representative has full authority to execute this time ticket on behalf of the Customer and to bind the Customer to these Terms and Conditions.

3. The individual signing the time ticket agrees that if the Customer disclaims the individual's authority to execute the time ticket on behalf of the Customer, then the individual will be deemed the Customer on this time ticket and will be bound by these Terms and Conditions, and will be personally responsible for all charges made pursuant to this time ticket.

4. The Service is the employer of personnel furnished to Customer and Customer agrees to discuss all matters concerning their employment with the Service. The Service reserves the right to establish the compensation of its employees and is responsible for the payment of such compensation, applicable withholding and payroll taxes and the maintenance of Workers Compensation Insurance. Customer is the work-site employer with authority to direct the work to be done, schedule hours, assign duties and supervise the employees.

5. Customer agrees that it will not entrust any of the Service's temporary employees with unattended premises or any part thereof, or with valuables including, but not limited to, cash, securities, negotiable instruments, motor vehicles or other valuables, without first obtaining the written consent of the Service, and then only when the Service's temporary employee's duties necessitate such activity. Customer agrees that all claims and costs associated with acts or omissions of any of the Service's temporary employees arising from Customer's failure to observe this provision shall be the Customer's responsibility.

6. Customer agrees to notify the service immediately whenever any of the Service's employees perform any work under a government contract or prevailing wage contract and agrees to pay the Service the price differential that reflects the higher wages and higher payroll burden costs that result from or are incurred by reason of any government contract law, prevailing wage or any contract specifications. Customer agrees that it will not, without the prior consent of the Service, utilize the Service's employees to operate machinery, equipment, or vehicles not covered by the Customer's liability and property damage insurance. Further, Customer agrees that it will not allow any of the Service's employees to perform services on a scaffold or ladder more than three (3) feet above the ground. Further, Customer agrees that it will not allow any of the Service's employees to work on any garbage, refuse, or recycling trucks or similar vehicles. Further, Customer agrees that it will not allow the Service's employees to work on a rooftop.

7. Customer acknowledges and agrees that the Service's insurance does not cover the claims of the Service's employees under the Jones Act or the United State's Longshoremen's and Harbor Worker's Compensation Act and that Customer agrees that it will not utilize the Service's employees to work as a member of the crew of any vessel or in maritime work upon the navigable waters of the United States or in any related work which might be subject to the United States Longshoremen's and Harbor Worker's Compensation Act or the Jones Act. Customer agrees to identify and hold the Service harmless from any claim by a service employee for injuries received under the prohibited circumstances.

8. Customer agrees that it will not permit or assign the Service's employees to perform any work which would expose them to any unreasonably dangerous working conditions.

9. Customer agrees to identify and hold harmless the Service from any claims for bodily injury or death or property loss for claims arising out of the use or operation of consumer's owned, non-owned or leased vehicles, machinery or equipment by Service employees or for injuries resulting from Service employees working on a scaffold or ladder more than three (3) feet above the ground or for injuries resulting from working on Customer's garbage, refuse or recycling trucks or while a Service employee is working on rooftop in full knowledge that Service does not allow its employees to engage in these activities while assigned to Customer as outlined in section 6.

10. Customer agrees to the term NET UPON RECEIPT and understands that unpaid accounts will be considered default after thirty (30) days, after which a default charge will be imposed 1 ½ % per month on unpaid balance (ANNUAL PERCENTAGE RATE OF 18%) or the maximum legal interest rate, whichever is lower. Customer agrees to pay default charges together with reasonable attorney's fees for the cost of collection, in addition, in any litigation between the parties, the lawsuit shall be filed in the Circuit or County Court of Richmond County, Georgia and/or Columbia County, Georgia and the successful party shall be entitled to recover a reasonable attorney fee.

11. Customer agrees to honor the employer status of the Service and agrees not to directly or indirectly hire any employee or transfer payroll to another service for a thirteen (13) week period following the last day the employee worked or Customer agrees to pay Service a $900.00 payroll transfer charge.

12. Customer agrees to comply with all applicable laws and ordinances related to health and safety and agrees to provide any safety equipment protective clothing or devices necessary that the Service does not supply or which is required by law for any work performed or used by Customer's employees in the performance of similar work. Customer agrees to indemnify and hold the Service harmless for claims, damages or penalties arising out of violations of the Occupational Safety and Health Act of 1970 or any similar state law with respect to work places or equipment owned, leased or supervised by the Customer into which Service employees are assigned.

13. Customer agrees to notify Service immediately if there are any injuries to Service employees.