Human Resources Service Subscription Agreement
The Association Member (“Member”) hereby agrees to subscribe to the HR Outsource Service ("Service") offered by The Building Industry Association of Lancaster County ("the Association") subject to the terms outlined below.
1. Member elects to subscribe to the ESSENTIAL level of HR Services ("Contracted Services") as described on the Service Provider website and brochure.
2. The Association agrees to provide the Contracted Service by and through Human Resources Management Associates, Inc. ("Service Provider").
3. Member shall pay the Service Provider a fee for Contracted Services in accordance with the published fee schedule. Any desired HR Outsource Services outside of the Contracted Services may be provided at an additional agreed upon fee. Payment instructions shall be provided prior to and at the time of Member registration. Provided the terms are monthly, Member shall remit the applicable fee to the Association by the 15th of each month ("Payment Date"). Member agrees to pay late charges on any balances which remain unpaid after 30 days from Payment Date at the rate of 1.5 % per month (Annual Percentage Rate of 18 %).
4. The Association and its Service Provider shall maintain the confidentiality of any sensitive information received from Member during the course of providing Contracted Services. Member agrees not to distribute or sell any work product generated by the Association or its designated Service Provider during the course of providing Contracted Services to any other individual or entity except as necessary to use said services/materials for its own benefit or as required by law.
5. Member acknowledges and hereby agrees that the Contracted Services provided under this Agreement shall be limited to consulting as to best human resources practices and do not constitute legal, accounting or tax advice. Member is hereby directed to consult a qualified attorney, accountant or tax professional with respect to those areas outside the scope of Contracted Services.
6. Neither the Association nor its designated Service Provider shall be liable for any employment-related claim brought by any individual against Member and Member shall indemnify and hold the Association and its designated Service Provider harmless against such claims; provided, the Association may participate in the investigation of such claims to the extent consistent with Contracted Services and otherwise cooperate with the Association in the defense of such claims.
7. Any controversy or dispute between the parties, whether arising out of or in connection with this Agreement or otherwise, shall be resolved in an arbitration under the Federal Arbitration Act and before the American Arbitration Association (AAA) in accordance with AAA’s Commercial Arbitration Rules. The administrative cost of the arbitration and the arbitrator’s fee shall be shared equally by the parties. In such arbitration, the arbitrator shall have no authority or power to amend, modify, or in any other way change any of the terms of this Agreement. All decisions of such arbitrator shall be final and binding upon both parties. The prevailing party in such Arbitration as determined by the arbitrator in his or her decision shall be awarded an amount equal to its reasonable attorney’s fees incurred in connection with such arbitration, in addition to what other relief may be awarded.
8. This Agreement shall have a term, as indicated by the Member’s selection, commencing on the date payment is received by the Service Provider and may be terminated by either party upon conclusion of this term by providing the other party with thirty (30) days advance written notice. In the absence of such notice, this Agreement shall continue thereafter on a month to month basis subject to a fifteen (15) day written notice of termination requirement; provided that Member shall be responsible for paying the full applicable monthly fee for the month in which such notice is given.
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