Szetho Consultancy Independent Contractor Agreement

This Agreement has been entered into as of today by and between SZETHO CONSULTANCY (SC) OF 83A Jalan Sri Hartamas 2, Sri Hartamas, 50480 Kuala Lumpur, Malaysia and you the shopper as an "Independent Contractor". SC desires to engage you to perform certain services for SC, as stated in this agreement.

The parties agree as follows:

1. SERVICES TO BE RENDERED. SC desires that you perform, and you agree to perform, shopping services for SC's clients on an evaluation-by-evaluation basis. Such shopping services involve observing and evaluating SC's clients' business operations and service performance.

2. INDEPENDENT CONTRACTOR STATUS. It is understood and agreed that you are an independent contractor and are not an employee, agent, partner or representative of SC, and you will not hold yourself out to the public as an employee, agent, partner or representative of SC.

3. EVALUATIONS. SC generates evaluations in accordance with clients' needs. SC will post work available to you on-line or contact you by phone as it becomes available and you are free to accept or decline it. SC is not required to offer you a minimum number of evaluations during any period of time. Once you accept an evaluation from SC, SC may not terminate the evaluation unless (1.) SC's client cancels the evaluation and SC notifies you of the cancellation at least 24 hours prior to commencing that evaluation, or (2.) you fail to perform. Your sole obligation to SC is to complete the evaluation you accept, perform such evaluation in accordance with SC's clients' specifications and keep confidential any and all information obtained during the course of conducting each evaluation. The clients' specifications relate directly to the results expected and not to the details of your performance, which shall be in your sole discretion. It is understood and agreed that if you do not complete the evaluation in accordance with the clients' specifications, you will either be required to re-do that particular evaluation for SC at your own expense or, at the discretion of SC, be denied payment for that evaluation.

It is understood and agreed that you may choose any specific day or time on which to conduct the shopping services for the evaluation as long as: the services are rendered within the clients' parameters and performed by the evaluation deadline; and all shopping reports are submitted to SC within the time frame stated in the client specifications.

4. PAYMENT. SC will quote a typical fee for a particular assignment in advance of your acceptance of the assignment. SC will pay you in the month following completion of the assignment. In addition to payment for performing the evaluation, you will be reimbursed by SC's clients for any purchases they require to complete the evaluation. Such purchase requirements will be clearly stated in the Client Specifications.  You will be responsible for all other expenses incurred in the performance of services for SC including, but not limited to, any mileage, postage, etc.

5. CONFIDENTIALITY AND NON-DISCLOSURE. SC holds the copyright to the questionnaires used in completing your assignments and to related documents SC may provide. You agree not to disclose to any other person, firm or corporation, nor use for your personal benefit during or after the term of this Agreement, any information relating to SC and/or its clients and/or shopping projects. This includes, but is not limited to, client forms and specifications and any other written material supplied by SC. You also agree not to disclose any of SC's methods, processes, ideas or information acquired in the course of performing evaluations for SC. This confidentiality agreement specifically prohibits you from disclosing such confidential information to SC's competitors, but is not limited to competitors. Should the above-mentioned information fall into the hands of any of SC's competitors or our clients' competitors, you could be held responsible.

6. TERMINATION. This Agreement's term shall begin on the date you sign it and shall remain in force until terminated. Either party may terminate the Agreement at any time by giving thirty (30) days notice to the other. If you terminate this agreement while performing an evaluation, you are obligated to finish that evaluation. SC may choose to waive this obligation due to unforeseen circumstances.

7. NO AUTHORITY TO BIND SC. You have no authority to enter into contracts or agreements on behalf of SC. This Agreement does not create a partnership between the parties.

8. MISCELLANEOUS PROVISIONS. SC may not be liable for any of your acts while performing any evaluation. You agree to indemnify and hold harmless SC, its successors and assigns, from and against any and all loss, damage, cost, or expense, including legal fees, by reason of your, your employees', or agents' performance of any evaluation. Specifically, you shall make no claim against SC for any damage or loss suffered as a result of or in connection with any product or service of SC's clients and you shall hold SC harmless with respect to any claim you may assert against any other party.  This agreement is solely between you and SC and cannot be assigned. It constitutes the entire agreement between you and SC.  All additional information or client specifications given to you regarding evaluations, which are consistent with this Agreement, are hereby incorporated by reference. This agreement shall be governed by, and enforced in accordance with the laws of Malaysia. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions of this agreement, which shall remain in full force. The Headings in this Agreement are to make it easier to read and should not be considered when interpreting various provisions of the agreement. This Agreement shall be binding upon the parties, their respective agents, employees, successors, heirs and assigns.

Code of Professional Standards and Ethics Agreement
for Mystery Shoppers

Szetho Consultancy is dedicated to improving service and promoting excellence in the mystery shopping industry. Our fundamental aim is to ensure that the highest standards and ethics are maintained.  We expect shoppers to follow principles of honesty, professionalism, fairness and confidentiality to guard the interests of our clients in order to promote good business practices. We therefore request that you read and agree to this Shopper's Code of Professional Standards to ensure that you conform to the following principles:

  • Conduct mystery shopping services in an honest and ethical manner;
  • Agree to research all shops to the best of your ability;
  • Agree to research all shops with honesty and integrity;
  • Agree to submit all reports on or before the deadline;
  • Agree to honor all confidentiality agreements;
  • Agree to give immediate notice to SC if you cannot research a shop for any reason;
  • Agree to return follow up calls or e-mails in a timely manner;
  • Agree to keep paperwork and notes for at least 30 days in case questions arise from the client;
  • Agree that you will not research a shop unless you have thoroughly read each question on the survey and the guidelines provided by the shopping provider;
  • Agree you will not falsify or misrepresent reports;
  • Agree you will not share the results of a shop with others, thereby protecting the clients' confidentiality.
  • Agree that you will not announce yourself as a mystery shopper to the business being shopped.

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