By logging on to the Imyst Inc. website, you are accepting our most recent Independent Contractor Agreement (the "Agreement"), shown below:
Independent Contractor Agreement
This Agreement is between you, the independent contractor, and Imyst, Inc.
This Agreement serves to enlist you as an independent contractor and not an employee of Imyst, Inc. Your status as an independent contractor begins the moment that a contract is accepted. Payment for contract will be specified and agreed upon prior to acceptance of contract. Payment/reimbursement for services rendered by independent contractors are issued on a case by case basis and are by no means regular or standard. An independent contractor undertakes assignments as they may become available. No independent contractor is guaranteed work or that assignments will be available at the time of electronically signing this agreement.
Compensation for services is payable only after services are correctly and completely performed, an online report is submitted, and an original receipt, or other required material(s) as stated within an assignment's contract, is received by the means specified within the contract or instructions given by Imyst, Inc. at a specified location, if applicable, pursuant to any and all of Imyst, Inc.'s procedures and processes. After contract requirements are all in acceptable and completed status, as determined by Imyst, Inc., the amount due will be sent via PayPal or otherwise delivered to the independent contractor's address on record. Imyst, Inc. reserves the right to deduct or deny payment/reimbursement for a contract if any of the contract requirements are not fulfilled, as determined by Imyst, Inc. Imyst, Inc. does not withhold payment for taxes or any other related reason, but is required to file a 1099 Miscellaneous form with the Internal Revenue Service at the end of the tax year, given that an independent contractor earns any amount equal to or greater than $600.00. You understand that you cannot file for unemployment or other benefits since you are not an employee of Imyst, Inc.
As an independent contractor, you are subject to the following:
As an independent contractor, you are required to submit factual data regarding observations and interactions when you provide your services. You are also required to submit complete and concise reports on our website by the date and time agreed upon, and to be available by both telephone and email contact to answer any questions Imyst, Inc. may have regarding your evaluations and/or visits. Failure to do so is a breach in contract and may result in no compensation for services performed. As an independent contractor, prior to acceptance of a contract, you agree to the following:
- You are not entitled to medical, dental, or other benefits from Imyst, Inc.
- You are of legal age to perform your services (either 18 or 21 years old)
- You assume complete and absolute responsibility of the services or tasks you perform
- You agree to be compensated for your services by the agreed upon contract and not by wages
- You choose whether to accept or deny an available contract
- You agree to provide transportation and all other materials
- You agree that you will not be compensated for transportation
- You choose the time and manner in which to conduct your services
- You fully understand the requirements of the contract
- You understand that a contract may or may not result in profit or any compensation at all
- You understand that you are responsible for any bank or financial institution fees related to accepting payment
- You agree that you do not represent an employee of Imyst, Inc.
- You will not represent yourself as an employee of Imyst, Inc.
- You may provide your services to other parties
- You are not guaranteed future contracts by Imyst, Inc.
- You understand that contracts that are not completely and correctly fulfilled, as determined by Imyst, Inc., will not be compensated
- You will not sign any contract (perform a mystery shopping assignment) for an Imyst client where that client has at one time employed you or a member of your family or relatives
- You agree to comply with all local, state, provincial, and federal laws
- You agree that Imyst, Inc. may contact you regarding available assignments, online surveys, or other offers or contracts
- You agree to maintain only one account with Imyst, Inc., and that use or abuse of multiple accounts is a breach of this contract and may result in automatic denial of compensation for any and all contracts performed under any accounts associated with an independent contractor using or abusing multiple accounts
- You agree not to solicit, harass, or slander Imyst, Inc., any Imyst, Inc. client, or any Imyst, Inc. client representative or associate for any reason, and you agree that if you do so you are liable for a minimum of one thousand US dollars in monetary damages per incident and any additional damages or claims that arise out of said action
- You agree not to contact any Imyst, Inc. client, or any Imyst, Inc. client representative or associate regarding dispute resolution, payment issues, or to disclose any contract details or happenings for any reason without the expressed written consent of Imyst, Inc., and you agree that if you do so you are liable for a minimum of one thousand US dollars in monetary damages per incident and any additional damages or claims that arise out of said action
Failure to abide by each and all of the above is breach in contract and may result, at the discretion of Imyst, Inc., in denial of compensation for services performed. All of the above apply during contract and after contract terminates. Imyst, Inc., its subsidiaries, affiliates, agents and advertising or promotional agencies are not liable for any accidents, misfortunes, adversities, legal liabilities, physical actions, or results that occur to you, anyone or anything accompanying you, or by you before, during, or after the evaluation and services performed or while utilizing any client product, service, or advice. Furthermore, you agree to hold harmless and make no claim against Imyst, Inc. regarding any claim against another party. Imyst, Inc. is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer or facsimile transmissions which may limit an independent contractor's ability to accept or view a contract, fulfill a contract, or collect compensation for a contract. The independent contractor agrees to indemnify and hold harmless Imyst, Inc., its subsidiaries, affiliates, agents, clients and advertising or promotional agencies from any and all liability, loss, harm, damage, cost or expense whatsoever, including all reasonable counsel fees and court costs incurred, and including without limitation, property damage, personal injury and or death which may occur from acceptance of a contract, or use or misuse of compensation for a contract.
- Acceptance of the contract and its requirements and specifications
- Acceptance of the agreed upon compensation for your performed services
- Acceptance of the required completion date and time of the contract
- Maintenance of professionalism at the site of performed services
- Acquisition and maintenance of any applicable licenses or permits required to perform services in adherence with all local, state, and federal laws, including but not limited to obtaining a private investigator license (or being employed by and completing work on behalf of a private investigator) for any work performed in Nevada subject to NRS 648.012 (includes obtaining information with reference to the identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation or character of any person)
- Confidentiality of any and all proprietary information and client information
- Confidentiality of any and all information disclosed to you by Imyst, Inc.
- Written information disclosed will not be retained after contract is completed, unless authorized
- Return of any written information after contract is completed, if requested
- Anonymity prior to, during, and after performing services
- Self presentation as a customer of the outlined products or services
- Observation and evaluation of the outlined products or services
- Detailed, concise, accurate, factual, and timely documentation of observations and interactions
- Permission to verify any and all information supplied by you in reports or during services
Imyst, Inc. may terminate this Independent Contractor Agreement at any time without notice. Upon termination of this Independent Contractor Agreement, it is agreed that all materials and written information be returned immediately to the appropriate owner and any rightfully due amounts with respect to contracts with requirements that are all in acceptable and completed status, as previously decided by Imyst, Inc., will be paid. Any claims or controversy sought by independent contractor that arises out of, or relates to this agreement, or the breach of it or any contracts accepted will be settled by arbitration in Washtenaw County, Michigan, in accordance with the American Arbitration Association. Any claims or controversy sought by Imyst, Inc. that arises out of, or relates to this agreement, or the breach of it or any contracts accepted will be settled in a manner deemed appropriate by Imyst, Inc.
Imyst, Inc. may make available an updated version of this Independent Contractor Agreement at any time, in which case the independent contractor must agree to the updated version prior to accepting future contracts with Imyst, Inc. By logging in to their Imyst, Inc. account, the independent contractor agrees to the most recent version of this Agreement. Any contracts accepted are subject to the terms and conditions in this Independent Contractor Agreement, and it is understood that the terms and conditions of this Agreement are agreed upon and will be abided by hereafter. If any provision of this Agreement is held illegal or unenforceable in a court proceeding or arbitration, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of this Agreement remain legal and enforceable, the remainder of this Agreement shall remain operative and binding. The above is the Independent Contractor Agreement between Imyst and you in whole, and may not be altered without written consent from Imyst, Inc.