TERMS AND CONDITIONS
Agreement to provide freelance casual labour services ("Agreement")
We are writing to confirm the terms of our agreement concerning the provision of your services to Hong Ye Group Pte Ltd ("Company").
1. TERMS OF ENGAGEMENT
1.1 You shall provide your services to the Company on the assigned date unless and until this agreement is terminated by either party giving to the other not less than  day prior written notice or as otherwise provided in this Agreement.
1.2 During your engagement with the Company, the Company shall where necessary inform you of opportunities either by way of email, phone or otherwise where your services (as defined in clause 2.1 below) may be required and/or deemed necessary.
1.3 In the event that you are willing to perform such services at the stipulated date, time and venue, you will be remunerated in accordance with clause 3 below.
2.1 You shall use your best endeavours to carry out your assigned services:
2.2 If you are unable to provide the Services at the agreed date, time and venue, due to illness or injury, you shall notify and forward to the Company your medical certificate from a registered medical practitioner in Singapore as soon as reasonably practicable, and in any event no later than three (3) days prior to the date that your Services are required. Failure to notify and forward to the Company your medical certificate within the stipulated time period will result in the Company levying a sum of S$ 25 on you, which the Company may at its sole discretion set off against any monies that may be due and owing to you. In the event, that the Company levies a sum of S$ 25, you agree that the said sum is a reasonable estimate of the actual loss that the Company would suffer.
2.3 Without prejudice to clause 2.2 above, if in the event that you are found to be unsuitable to perform the Services for reasons including but not limited to having reported late at the agreed time, date and venue, improperly groomed or dressed at the agreed date, time and venue, the Company shall levy a sum of S$ 25 on you, which the Company may at its sole discretion set off against any monies that may be due and owing to you. In the event, that the Company levies a sum of S$ 25, you agree that the said sum is a reasonable estimate of the actual loss that the Company would suffer.
2.4 If you are unable to provide the Services at the agreed date, time and venue for any reason whatsoever, and with the Company’s prior written approval, you may appoint a suitably qualified substitute to perform the Services on your behalf, provided that the substitute shall be required to enter into a direct undertaking with the Company, including with regard to confidentiality. In the event that a substitute is appointed, the Company will continue to pay you your fee as provided in clause 3.1 below and you shall be responsible for the remuneration of (and any expenses incurred by) the substitute. You will not be paid for any period during which neither you nor any substitute provides the Services. For the avoidance of doubt, you will continue to be subject to all duties and obligations under this Agreement for the duration of the appointment of the substitute. Any appointment of a substitute will have to be agreed with the Company no later than three (3) days prior to the date that your Services are required.
2.5 You have no authority (and shall not hold yourself out as having authority) to bind the Company, unless we have specifically permitted this in writing.
3. TERMS OF PAYMENT OF FEES
3.1 The Company will pay you a basic hourly rate including GST (if applicable), no overtime pay and no Public Holiday pay included. In computing the monies owed to you for your Services, you hereby agree that shall not be entitled to remuneration for your meal breaks.
3.2 You shall submit invoice to the Company on a monthly basis setting out the hours that you have worked during the preceding month including GST (where applicable). All invoices shall contain sufficient detail of the date, time, venue and the number of hours you have performed the Services. Alternatively, you may present to the Company the duly endorsed casual labour voucher along with your invoice.
3.3 The Company expressly reserves its right to withhold any monies that may otherwise be due and owing to you if you fail to adduce proper documentary evidence showing that you are entitled to the monies being sought for in your invoices.
3.4 The Company will pay such invoices [within  days of receipt OR in accordance with its usual payment terms]. All monies payable under any invoice shall be collected from the Company within three (3) months from the date of your invoice, failing which the Company may at its sole discretion forfeit any such sums.
3.5 The Company shall be entitled to deduct from any monies payable to you any monies that you may owe the Company at any time including but not limited to any fines that are payable to the Company.
4. OTHER ACTIVITIES
4.1 You may be engaged, employed or concerned in any other business, trade, profession or other activity which does not place you in a conflict of interest with the Company.
4.2 Without prejudice to the foregoing, you shall not for a period of six (6) months after you have performed your Services, compete with the business of the Company including but not limited to seeking direct employment from the Company’s clientele. A breach of this provision will result in you being liable to the Company for the sum of S$ 500, which you agree is a reasonable estimate of the actual loss that the Company would suffer.
5. CONFIDENTIAL INFORMATION AND COMPANY PROPERTY
5.1 You shall not use or disclose to any person either during or at any time after your engagement by the Company any confidential information about the business or affairs of the Company or any of its business contacts, or about any other confidential matters which may come to your knowledge in the course of providing the Services. For the purposes of this clause 5, confidential information means any information or matter which is not in the public domain and which relates to the affairs of the Company or any of the Company’s business contacts.
5.2 The restriction in clause 5.1 does not apply to:
(a) any use or disclosure authorised by the Company or as required by law; or
(b) any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.
5.3 All documents, manuals, hardware and software provided for your use by the Company, and any data or documents (including copies) produced, maintained or stored on the Company's computer systems or other electronic equipment, remain the property of the Company.
6. DATA PROTECTION
6.2 You consent to the Company making such information available to those who provide products or services to the Company (such as advisers), regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of the Company or any part of its business.
7.1 Notwithstanding that you are independent contractor of the Company, the Company shall arrange, at no costs to you, workmen’s compensation insurance coverage for you during the provision of Services in accordance with the terms and conditions of this Agreement.
7.2 You shall have personal liability for and shall indemnify the Company for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any breach by you, or any substitute engaged under this agreement, of the terms of this agreement, including any negligent or reckless act, omission or default in the provision of the Services.
8. MUTUAL TERMINATION
The Company may at any time terminate your engagement with immediate effect with no liability to make any further payment to you (other than in respect of any accrued fees or expenses at the date of termination) if:
(a) you are in breach of any of your obligations under this agreement; or
(b) other than as a result of illness or accident, after notice in writing, you wilfully neglect to provide or fail to remedy any default in providing the Services.
Any delay by the Company in exercising its rights to terminate your engagement shall not constitute a waiver of those rights.
9. OBLIGATIONS ON TERMINATION
Any Company property in your possession and any original or copy documents obtained by you in the course of providing the Services shall be returned to the Company at any time on request and in any event on or before the termination of this Agreement. You also undertake to irretrievably delete any information relating to the business of the Company stored on any magnetic or optical disk or memory, and all matter derived from such sources which is in your possession or under your control outside the premises of the Company.
10.1 You will be an independent contractor and nothing in this Agreement shall render you an employee, worker, agent or partner of the Company and you shall not hold yourself out as such.
10.2 You shall be fully responsible for and indemnify the Company against any liability, assessment or claim for:
(a) taxation whatsoever arising from or made in connection with the performance of the Services, where such recovery is not prohibited by law; and
(b) any employment-related claim or any claim based on worker/employee status (including reasonable costs and expenses) brought by you or any substitute against the Company arising out of or in connection with the provision of the Services, except where such claim is as a result of any act or omission of the Company.
The Company may satisfy such indemnity (in whole or in part) by way of deduction from any payment due to you.
This Agreement may only be varied by a document signed by both you and the Company.
12. GOVERNING LAW & JURISDICTION
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Singapore with the courts of the Republic of Singapore having sole and exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
Please acknowledge receipt of this letter and acceptance of its terms by signing, dating and returning the enclosed copy.