Terms And Conditions
- It is solely the responsibility of Fastrak Connect to compensate Individual and provide Individual with any benefits that may be required by federal, state or local law.
- Individual is not an employee of Fastrak Connect or any clients or partners of Fastrak Connect.
- Individual is not eligible to participate in any employee compensation or benefit programs or arrangements maintained by or on behalf of Fastrak Connect or any partners of Fastrak Connect.
- Individual is not eligible to receive any workers’ compensation, unemployment or disability benefits or insurance payments, or any other similar benefits from Fastrak Connect or any partners of Fastrak Connect
- Individual hereby irrevocably waives any right to assert a claim directly or indirectly (whether in a court of law, in arbitration, or through a governmental agency or similar entity) against Fastrak Connect or any client of Fastrak Connect with respect to the matters enumerated in paragraphs 1, 2, 3 and 4 above.
- Individual acknowledges and understands that Company and Fastrak Connect have entered into an agreement which provides for the resolution of any and all disputes or claims each may have against the other (and/or against any Fastrak Connect client) by binding arbitration, and that Fastrak Connect’s obligation to arbitrate disputes and claims under that agreement extends to disputes and claims that Fastrak Connect may have against Individual. In consideration of Fastrak Connect’s agreement to arbitrate disputes and claims it may have against Individual and for other good and valuable consideration, Individual agrees to arbitrate any and all disputes or claims that he or she may have against Fastrak Connect or any client of Fastrak Connect as set forth in Paragraphs 7 through 9 below.
- Company and Individual hereby agree to resolve any and all disputes or claims they may have against the other, and Individual hereby agrees to resolve any and all disputes that he or she may have against Fastrak Connect or any client of Fastrak Connect (including but not limited to claims for wages or other remuneration due; claims for breach of any contract or covenant, express or implied; personal injury, defamation or other tort claims; claims for discrimination, including but not to discrimination based on race, sex, religion, national origin, age, marital status , sexual orientation, handicap, physical or mental disability or medical condition; claims for benefits; and claims for violation of any federal , state, local or other governmental constitution, law, statute, ordinance, regulation, public policy or provision of common law) by final and binding arbitration pursuant to then-current rules established by the American Arbitration Association( the AAA). The AAA’s rules are available for review at fastrakconnect.com.
The nature of the claims asserted shall determine which body of AAA rules will apply. In the event that there is a dispute regarding which AAA rules apply, the AAA shall decide that issue; provided, however, that consistent with Section 10 in no event shall the AAA’s Supplementary Rules for Class Arbitration (or any analogue thereto) apply.
- Company and Individual agree that the arbitration shall be conducted by a single arbitrator in the AAA office nearest Individual (or such other location as is mutually agreed to by the pares), and therefore waive any objections or claims they might otherwise be able to rightfully assert based upon the inconvenience of the forum or improper jurisdiction. Unless otherwise mutually agreed, the arbitrator shall be a practicing attorney with at least 15 years of experience as an attorney and at least five years of experience as an arbitrator. In the event of a conflict between the terms of this agreement and the applicable arbitration rules, the terms of this agreement shall control.
- All pares to this agreement expressly agree that the Federal Arbitration Act governs the enforceability of any and all of the arbitration provisions of this agreement and judgment upon the award rendered by the arbitrator may be entered by any court of competent jurisdiction. Questions of arbitrability (that is whether an issue is subject to arbitration under this agreement) shall be decided by the arbitrator. Procedural questions arising out of the dispute and bearing on its final disposition are also matters for the arbitrator to decide. Claims must be filed within the me set by the applicable statute(s) of limitations.
- Either party may apply for injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved pursuant to the Operational Rules for Emergency Measures of Protection of the AAA. Those Operational Rules are available for review at www.fastrakconnect.com, Either party also, may without waiving any remedy under this agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the property rights of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).
CLASS ACTION WAIVER
- By signing this agreement, all pares waive their right to commence, to become a party to, or to remain a participant in, any group, representative, class, collective or hybrid action in any court against one or more other pares to this agreement or against Fastrak Connect or against any client of Fastrak Connect. Further, the pares waives any right to commence, to become or to remain a participant in, any group, representative, class, collective, or hybrid action claim in arbitration or any other forum against one or more other pares to this agreement or against Fastrak Connect or against any client of Fastrak Connect.
- The parties agree that any claim by or against any other party to this agreement, against Fastrak Connect or against any client of Fastrak Connect shall be heard in arbitration without consolidation of such claim with any other person or entity’s claim. All pares agree that this agreement does not limit any party’s right to initiate an action in court challenging the enforceability of the group, representative, class, collective, and hybrid action waiver set forth herein. If Individual chooses to exercise that right, Company will not retaliate against Individual for doing so. Company does, however, reserve the right to oppose any such challenge to enforcement of this agreement. The pares further agree that nothing in this agreement precludes any party from participating in proceedings to adjudicate unfair labor practice charges before the National Labor Relations Board, including without limitation charges addressing the enforcement of the group, representative, class, collective, and hybrid action waiver set forth herein.
- If any part of this agreement, other than the waivers pursuant to Section 10 of the right to commence, to become a party to, or to remain a participant in, any group, representative, class, collective, or hybrid action in court, arbitration or any other forum, and of the right to consolidate claims in arbitration, is deemed or found to be unenforceable for any reason, the remaining provisions of this agreement shall be severable and remain enforceable. If the waiver of rights pursuant to Section 10 is deemed or found to be unenforceable for any reason in a case in which class action or similar allegations have been made, Sections 7, 8, and 9 hereof shall also be unenforceable and the pares’ dispute shall be adjudicated in court.
Other key terms and conditions
- If training fee is necessary for a client opportunity, training fees are paid by agent and refunded after 120 hours of work subsequent to class completion.
- Agent agrees to comply with all equipment requirement to perform the job function. Fastrak Connect will facilitate equipment purchase to ensure agent obtain the right equipment necessary for the job. Fastrak Connect will not refund equipment costs.
- Agent may enroll for multiple opportunities. Agent cannot enroll in two different opportunities for the same company.
- Agent understands the job offers flexible schedules and require to work for at least 15 hours per week and available at least for a minimum of 5hours of work during on weekend.
- Payroll is processed biweekly via ACH and bank account will be necessary for payroll processing, which will be furnished by accounting once application is approved
- Compensation varies based on experience from $10‐$13 per hour
- No social security taxes, Medicare taxes or federal taxes are deducted from compensation.
- At sole discretion, upon completion of 120 hours of work, management may consider collecting payroll taxes on behalf of employees.