Terms & Condition

Effective Date: 15 July 2025

1. No Guarantees:

The Client acknowledges that the Provider cannot guarantee the success of any candidate with the Client. Success depends on the Client’s business culture, communication abilities, efforts in training the sidekick, and various other factors. The Provider cannot guarantee success of this program, whereas finding a great sidekick through the Provider is similar to finding a great sidekick through any other means- sometimes it works out, sometimes it does not. The Provider will guarantee best efforts to ensure the success of the Client and any sidekicks the Client hires through the Provider.

2. Definitions:

Capitalized terms shall have the same meaning as found in the Contract.

3. The Provider's Obligations:

Part of the benefit of becoming a Client of the Provider is avoiding the enormous risk of labor laws in the United States. Therefore, the Provider shall be obligated to ensure the following:

That the Provider hires and pays the sidekick(s) directly;
That the Provider follows all applicable labor laws of the sidekick’s home country or any other applicable jurisdiction.

4. Clients Obligations:

In addition to timely payment of the Monthly Fee, the Client agrees to the following:

That the Client will treat each sidekick with dignity and respect, just as the Client would treat any state-side staffer;
That the Client will never pay or send any direct benefit to a sidekick, which could be evidence of a direct employer-
employee relationship between the Client and a sidekick;
That the Client will not employ, or attempt to employ, hire or utilize as an independent contractor or have any relationship whatsoever with any sidekick or former sidekick of the Provider whatsoever. Any attempt to hire, directly or indirectly, any sidekick of the Provider, by or through any entity in which Client is involved, owns, consults for, or otherwise has any affiliation with whatsoever, shall constitute a material breach of this Agreement. The Parties agree that any material breach of this provision shall cause damages to the Provider, which are impossible to calculate, and therefore the Provider shall be entitled to liquidated damages of Fifty Thousand and 00/100 Dollars ($50,000.00) for each and every instance of such breach; and
That the Client will comply with the terms and conditions of this Contract, as well as any reasonable policies set forth by the Provider.

5. Enforcement of The Service Contract:

Chargebacks: The Client agrees that it waives any right to chargebacks. Any dispute shall be handled per the terms of this Contract.
No Refunds: Because the Provider is obligated to pay its sidekick(s) for any time worked, no refunds shall be given to the Client for any hours worked by the sidekick(s). Any monies paid for a month in which a sidekick did not work, however, shall be returned to the Client.
Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of Missouri, without regard to principles of conflicts of law. The Parties agree to exclusive venue and jurisdiction in Missouri. The Parties also waive the right to a trial by jury. In any dispute by and between the Parties, the prevailing Party shall be entitled to be reimbursed its reasonable costs, fee and attorney’s fee from the non-prevailing Party.
For purposes of the liquidated damages clause in the Contract, “sidekick” is defined as any current or past person, whether legally defined as an employee or independent contractor, who has had any contractual relationship with the Provider whatsoever within the past eighteen (18) months.

6. Liability For Sidekicks

In no event shall the Provider or its affiliated companies be liable for any compensatory, special, direct, incidental, indirect, or consequential damages, exemplary damages or any damages whatsoever resulting from loss of use, data, information or profits arising out of or in connection with the use or performance of sidekicks, whether or not such actions were intentional, negligent, or within the scope of a sidekick’s employment with the Provider. The Provider provides no warranty or guarantee of work of the sidekicks, and just like hiring United States employees, using offshore sidekicks has risks. It is the responsibility of the Client to ensure proper measures are used to protect the Client’s business practices, the same as the Client would with any other employee or contractor with access to sensitive or proprietary information.

7. Non-discrimination:

The Client agrees that Client will not discriminate in its selection or utilization of sidekicks on the basis of race, color, national or ethnic origin, ancestry, age, religion or religious creed, disability or handicap, sex or gender (including pregnancy), gender identity and/or expression, sexual orientation, military or veteran status, genetic information, or any other characteristic protected under applicable laws.

8. Severability:

This Contract covers the entire terms between the Parties. Any nullification of any sections of this Contract shall not otherwise have any effect on the remainder of the Contract and its terms.

9. Joint-employer Liability:

The Client acknowledges that if the Client violates any laws in utilizing sidekicks, including wage and hour laws, overtime laws and/or discrimination laws, that the Client may be held responsible under the law as a joint-employer. In any such instance, the Client shall indemnify and hold the Provider harmless. These Terms and Conditions are designed to prevent violation of any labor laws.

10. Revisions and Updates to The Terms & Condition

Regardless of the date the Contract was signed, the Provider reserves the right to revise and update the Terms and Conditions at its discretion.

11. Work Hours, No Overtime:

Sidekicks may only work forty (40) hours per week. Sidekicks may work up to ten (10) hours per day, but may not surpass the forty (40) hours worked mark in any Monday-Sunday time period.

12. Sick Leave:

All regular sidekicks are granted five (5) days of sick leave per year. Sick leave may be used when a sidekick is ill, to care for an ill family member, and for health care visits to doctors or dentists.

13. Vacation

Sidekicks will accrue ten (10) days paid vacation per year.

14. Holidays

Sidekicks follow the Client’s Holiday Policy. If sidekicks wish to take a day off for a holiday in their home country, they must place a request ahead of time and, if granted by the Client, it counts as a day of vacation.

15. Lunch, Coffee and Rest Breaks:

Sidekicks are entitled to an unpaid, one-hour lunch break every day, unless otherwise agreed upon by the Client and its sidekick. Daily breaks in the work routine are important for a sidekick’s well-being and productivity. sidekicks are entitled to, and are encouraged to take, two (2) paid fifteen (15)-minute coffee or rest breaks per day. Breaks may be taken at a sidekick’s discretion mid-morning and mid-afternoon. Rest breaks and lunch may not be combined.