Independent Subcontractor Agreement

Vehicle information:

Emergency contact:

What type of tools do you have?

Please share any experience you have so far in any of the above services or mention other services that do not exist in the above list by filling the table below:

Bank Account Information for Direct Deposit

Part I - Taxpayer Identification Number (TIN)= Choose SSN OR EIN Below (Only fill in the info for one):
IMPORTANT NOTE: This information is needed to prove your work as an independent subcontractor and NOT as an employee with DPS in order to avoid tax fraud and maintain security for the Subcontractor and the Company.

Part II - Certification:

Please verify your bank account information one more time and make sure that is correct.
Subcontractor Initials*

Address: 11859 Chaparral Dr Frisco TX 75035 - Phone Number: +1 (855) 377 - 3600

Agreement

This agreement is entered into this between DPS360 LLC (hereinafter Contractor or company) and (Tech name) (hereinafter known as Subcontractor). Contractor contracts with Subcontractor to perform individual project provided to subcontractor around subcontractor legal address.

The parties agree to the following terms and conditions:

1. Status of Relationship. The Subcontractor is deemed an independent contractor, and not an employee of Contractor. As an independent contractor, it is understood that this contract does not create an employer employee relationship. Subcontractor will operate either as a self-employed person or as an employer of other persons or both. (Herein, "it" shall be used as the pronoun to refer to Subcontractor even though Subcontractor may be a self-employed natural person who ordinarily would be referred to as "he" or "she.") As an independent contractor, Subcontractor shall be independently responsible for payment of all of its own taxes as well as payment of all federal, state and local taxes including income and withholding for its employees, workers compensation for its employees, social security, unemployment compensation, sales, property and gross receipts taxes, and all other taxes and levies imposed upon employers or self-employed persons, and Subcontractor shall indemnity, defend the hold harmless the Contractor, any contractors of a System with whom Contractor contracts, and any System with respect to such taxes or withholdings. A form 1099 will be sent to Subcontractor at year-end that will indicate its income from the installation services provided by Subcontractor to Contractor during the course of the year. It is Subcontractor’s responsibility to keep track of any invoice deductions and, or operating expenses due to purchases, rents, damages, etc.

2. Representations by Subcontractor. Subcontractor warrants that it (or its employees) has inspected and is familiar with the proposed installation areas, has the necessary technical skill and expertise to perform each installation project, is experienced in such installations and has available experienced personnel equipment and tools to perform the work commitment in an efficient and timely manner. Notwithstanding the foregoing, in the event the Subcontractor has any doubt whatsoever as to the manner in which it is to perform the work, he must seek the Contractor’s advice as to the proper manner for performing the work and follow the instruction manual which comes with the item. Subcontractor also warrants that it will comply with System’s contractual conditions and installation specifications and standards (such as requirements, communications, installation appointments, procedures, etc.) and that Subcontractor further warrants that it is familiar and shall comply with all required governmental and accepted industry safety regulations and practices and it is needed properly licensed with all appropriate governmental jurisdictions to perform such installation work. (e.g. Locksmith, Electrician, H/V AC, Plumbing, Etc.)

3. Performance Control. Subcontractor shall have sole control of the means, methods, and timing of performing each installation project.

4. Quality Control and Training. To facilitate work-product-quality control and proper interfacing between components, Subcontractor shall furnish all necessary materials to perform each installation project. Subcontractor shall use such materials solely to perform the installations covered by this agreement. Subcontractor shall be responsible for loss or damage to such materials while in Subcontractor’s possession, or under its control. Subcontractor is also solely responsible for the clean-up and restoration of its work areas for each job order. Contractor does not and will not provide training or give any work direction to Subcontractor, except if Subcontractor is not familiar with the contractual conditions, specifications, and standards required by the System, Contractor will try to provide any missing information or demonstrations concerning contractual conditions, specifications, and standards set by receiving full information from customer’s orders in the System.

5. Tools, Equipment, Transportation, Travel, Lodging, and Other Expenses. Subcontractor is expected to provide the appropriate tools, equipment and transportation necessary to perform the work in a professional manner. Subcontractor is responsible for payment of all expenses, including but not limited to travel and lodging. If needed, Contractor may lease certain tools, equipment, or vehicles to Subcontractor if available. All rentals will be automatically deducted from each of Subcontractor’s invoices at a rate agreed upon in writing between Contractor and Subcontractor.

Subcontractor Initials*

Address: 11859 Chaparral Dr Frisco TX 75035 - Phone Number: +1 (855) 377 - 3600

Subcontractor will be held financially accountable for the theft of, or any damages incurred to, the rented tools, equipment, machinery, or vehicles while in Subcontractor’s possession. Unless otherwise stated by the terms of a separate written lease or use agreement, the use of such tools, equipment, machinery, or vehicles shall be on a month-to-month basis and shall terminate upon 30-days notice by either party or upon the termination of this agreement. All tools, equipment, machinery, and vehicles belonging to Contractor must be returned by Subcontractor within 24 hours of termination.

6. Acceptance of Final Work Product. Contractor is only interested in the final work-order product. By way of illustration and not by way of limitation, the Subcontractor must comply with the System’s requirements regarding progression and completion of the work. The Contractor may and will set minimum standards of workmanship, professionalism, and decorum with which Subcontractor must comply. The particular procedures, means, and methods of performing the work Subcontractor accepts will be of Subcontractor’s own choosing, but should be consistent with industry standards and/or System’s specifications and accepted practices.

7. Subcontractor Must Provide Workers' Compensation Insurance for Its Employees and Is Not Covered by Contractor's Insurance. In the event that a Subcontractor hires employees, then it must provide workers’ compensation to cover those employees. Because Subcontractor is an independent contractor, neither it nor its employees (if any) are covered by Contractor's workers' compensation insurance. Neither Subcontractor nor its employees (if any) are covered by the workers' compensation insurance of the System or any other party for whom Contractor provides services. If Subcontractor is responsible for providing its own medical, accident, and disability insurance to cover it or its owners. Subcontractor may purchase coverage for it and its employees from Contractor. Subcontractor must either purchase coverage from Contractor or provide Contractor with documentation satisfactory to Contractor establishing that it has its own coverage for it and its employees (if any).

8. Schedule. The System that Contractor and Subcontractor represent usually requests that work is to be started between 8:00 AM and 8:00 PM or as agreed upon in order for the scheduled work to be completed as soon as possible on any given day. The System also may designate an exact time of day for a particular work order to be done because of scheduling promises to a customer, etc. Subcontractor should always remember that they are an indirect representative of the System and are dealing with their subscribers/customers. All subscribers/customers should always be treated with the utmost respect and be notified by phone if Subcontractor is running late, etc.

9. Contractor does not guarantee a specific amount of work on any given day. The speed and efficiency with which Subcontractor works will affect Subcontractor’s profitability and time of completion. This will not affect Subcontractor’s standing with Contractor as long as Subcontractor’s work meets the required specifications and the time frames specified on the work order per the System’s request.

10. Notice of Changes in Workload. Since Subcontractor offers its services to the general public, other clients and contractors, Subcontractor has informed Contractor of Subcontractor’s workload capabilities. When necessary to change the workload, Subcontractor is willing or able to accept, Subcontractor shall inform Contractor in writing at least seven days before any actual reduction in workload capacity takes effect. Should no notice be given to Contractor, Subcontractor shall be held responsible for any ensuing expenses incurred by Contractor in getting the work completed above what would normally have been charged by and paid to Subcontractor if Subcontractor had completed the work.

11. Completion of Work Order Information. Subcontractor may be required to fill out certain information on work orders and other forms necessary for Subcontractor’s invoice completion so that proper production verification and/or payments to Subcontractor can be verified.

12. Payment of Invoices. Contractor will pay Subcontractor for each installation project or work order invoiced according to Contractor’s price list and payment schedule in effect on a bi-weekly basis. Contractor may amend the price list and payment schedule by giving Subcontractor prior written notice at least 24 hours before the change becomes effective. Upon termination of this contract, Contractor may withhold any payment to Subcontractor until

Subcontractor Initials*

Address: 11859 Chaparral Dr Frisco TX 75035 - Phone Number: +1 (855) 377 - 3600

Subcontractor furnishes proof that all employees and subcontractors of Subcontractor and all obligations of Subcontractor to Contractor have been paid in full. This includes withholding payments due to Subcontractor because of unrepaired faulty workmanship or unresolved damage expenses that may exceed the retainage amount (as explained in ¶ 14 and ¶ 15 below). Subcontractor waives all rights he may have to any mechanic's or similar lien against any property upon which his work is to be performed.

Failing quality control includes:

• one to three star reviews

• Not following instructions during installation

• Damaging items or customer's location

• Non-professional behavior or communications with customer

• Having unauthorized companions at work

• Receiving job price in cash “without” company permission or informing the company.

• Changing the price or negotiating with customers to increase the price may result in a fine of $30+ job invoice + damage

• If the technician drops route or does not show up at job without proper reason, the company can charge $50 per job.

Admin Fee: Administration fee includes your personal share of the CRM platforms (your individual account/profile), telephone system, texts, accounting, invoicing systems or any other means that contribute to the systematic management of your job. As a subcontractor you will cover a smaller share and be charged the amount of $9.99 weekly which will appear in the detailed breakdown of every payment submitted by DPS 360

13. Guarantee of Work by Subcontractor. Subcontractor guarantees its work for three months from date of completion to be without any defects or faults arising from non-compliance of System or standard industry specifications and procedures. Should faulty workmanship be found, Subcontractor agrees that Contractor shall, at its option, either (a) give Subcontractor one day to correct (or make arrangements to correct to Contractor's satisfaction) any deficiencies before sending another party to do so (and the resulting repair costs will be back charged against the Subcontractor’s invoice) or (b) repair any deficiencies when found and levy any resulting repair costs against Subcontractor’s invoice. If Subcontractor has already been paid in full, Subcontractor shall forthwith remit the repair cost amount charge to Contractor, upon receipt of the repair costs.

14. Contractor shall retain 5% of each Subcontractor’s invoices and Subcontractor agrees to such retainage until a total retainage of the appropriate amount below has been withheld $2,000.00. Retainage monies shall be applied (if necessary) by the Contractor against (1) any repair or defective workmanship and/or damage caused by Subcontractor and/or its personnel, (2) any debts owed by Subcontractor to Contractor such as equipment, vehicle or tool rental/purchases, lost subscriber collections, lost, damaged, or non-returned materials, over billing, and outstanding cash advances, etc., and (3) any known or pending third-party monetary claims arising from Subcontractor’s negligent work performance for the indemnification and defense of Contractor until such claims are satisfied in full. Contractor shall refund Subcontractor’s retainage (less any deductions) 180 days from the date of Subcontractor’s final invoice is paid.

15. Background Investigations. As a condition of entering into this agreement or continuation of this agreement, Contractor may require Subcontractor to consent to a background investigation, including an investigative consumer report, and Subcontractor hereby understands, agrees, and consents to a background investigation that may include criminal background checks, previous work history, credit reports, bankruptcy filings, civil litigation, and drug-testing results, among other things. Subcontractor agrees to execute any consent or authorization forms requested to conduct such investigations, and the refusal to do so may result in termination of this agreement.

16. Employees of Subcontractor. Subcontract may use employees to complete services under this agreement, as long as such employees meet all contractual conditions, specifications, and standards set by the System, are familiar with the proposed installation areas, have the necessary technical skill and expertise to perform each installation project, are experienced in such installations, and perform the work in an efficient and timely manner. Subcontractor certifies that it is authorized to work in the United States of America, that it shall only employ persons authorized to work in the United States of America, and that it will comply with the Immigration Reform and Control Act, the Immigration and Nationality Act, and any other applicable immigration laws, including hiring only employees who complete a current I-9 form and present identity and employment authorization documents that appear genuine on their face. Upon request of the Contractor, Subcontractor shall permit Contractor to inspect its documentation of its employees' employment eligibility.

Subcontractor Initials*

Address: 11859 Chaparral Dr Frisco TX 75035 - Phone Number: +1 (855) 377 - 3600

17. System Contract Variations. Subcontractor acknowledges that each project will be initiated under one or more contracts entered into between Contractor and System (or between Contractor and another contractor of System). To the extent that one or more of the contracts are made available to Subcontractor, Subcontractor agrees to be bound by the terms contained therein, as if fully restated in the contract. It is understood that the terms of said contract may vary from project to project.

18. Indemnification of Contractor. Subcontractor does hereby indemnify and hold Contractor harmless from and against any and all claims, demands or proceedings of any kind that might be brought by, under or through Subcontractor or as a result of any acts or omissions of Subcontractor. This indemnification shall include any and all damages, losses, costs or expenses including attorney’s fees, expert witness fees and other litigation expenses incurred in defending against any such claims.

19. Remedies for Breach of Contract. In additional to other remedies which Contractor may have against Subcontractor upon breach of their Contract by Subcontractor, Contractor shall have such remedies as may be available to it at both law and in equity and shall also be entitled to recover from Subcontractor all attorney’s fees, expert witness fees and other costs of litigation incurred by Contractor, whether enforcing this Contract or individual project, work order or in defending claims made against it by Subcontractor. Subcontractor waives any right it may have to demand a jury trial in the event of litigation. If Subcontractor received training bonus, he must complete 90 days in the field or training bonus pay will be surrendered back to the Contractor and deducted from future payout.

20. Individual Guarantee. In the event Subcontractor is a corporation, partnership, limited liability company, or other entity, it is expressly understood and agreed that the person or persons executing this Contract on behalf of the Subcontractor shall be individually and personally bound by all of the terms hereof and liable to Contractor hereunder, as if he, she or they were specifically named as a party hereto.

21. Termination of Contract. This Contract shall be in full force and effect (a) until either party shall have properly terminated it, (b) until System terminates its contract with Contractor. Contractor may terminate this Contract at any time without cause by giving written notice to the Subcontractor. Subcontractor may do the same. All payment, repayment, guaranty, and indemnification provisions shall survive the termination of the contract, as well as other provisions that impose obligations beyond performance.

22. Safety. Contractor places a great deal of importance on Job Safety, particularly in the field during the performance of any projects. The Contractor and Subcontractor will ensure that all appropriate safety measures are taken and that Occupational Safety and Health Administration (“OSHA”) guidelines are followed. Also, subcontractor that are performing the work will have the proper training and follow the appropriate safety measures Any and all State, County, and Municipal requirements will also be followed. At its own expense, at all times Contractor shall take all reasonable precautions to protect persons and property at or adjacent to the project site from damage, loss or injury resulting from performance of work for Company by Contractor, and its employees or other agents. If any accident occurs, person is injured, or property damaged at or near the site resulting from the performance of Contractor or its employees or other agents, Contractor shall immediately notify the Company thereof in writing. The Contractor shall comply with all specific safety requirements of the Company’s customer, including all specific requirements set forth in the plans and specifications of work to be performed by Contractor. In accord with paragraph 13 of this Agreement,

Contractor agrees to indemnify, defend, and hold harmless Company for any claims arising out of, or relating to, a violation of this section of the Agreement.

23. Contractor shall have no right to control or direct the details, manner, or means by which the subcontractor operates subcontractor’s business. Subcontractor is free to choose, hire, and manage its employees, but subcontractor employees need to refer to contractor in order to get a badge before start his job. Subcontractor shall be responsible for performing the Services in a good and workmanlike manner and in strict accordance with currently approved industry practices and in accordance with any and all policies and or requirements of any and all Contractor clients.

Subcontractor Initials*

Address: 11859 Chaparral Dr Frisco TX 75035 - Phone Number: +1 (855) 377 - 3600

24. Contractor shall have no obligation to work any particular hours, or any particular number of hours. Subcontractor is free to attend to personal affairs during the day, it is free to conduct non-contractor business during the day, and it is free to complete jobs in whatever order it wishes. However, for work orders that subcontractor accepts, it shall devote such time and effort as are necessary to complete such Services within the time frames specified by contractor and its clients.

25. Subcontractor shall be responsible for any and all damages that occur to customer’s property during the course of this Agreement. Contractor shall not be responsible or liable for any misrepresentations, acts, errors, or omissions of any kind, negligence, carelessness, or other liability or disputes which the subcontractor may cause, be involved in, or may otherwise arise during the term of this Agreement. Subcontractor shall hold harmless, indemnify, protect, and defend contractor from any action, cause of action, loss, damages, injuries, costs, and expenses (including attorney’s fees) that arise out of or as a result of the subcontractor’s performance of the Services under this Agreement or breach of the Agreement. If the subcontractor cannot settle a claim against it or its insurance company or through its own efforts, and notwithstanding the previous sentence, arrangements may be made by contactor to correct the problem; provided, however, that subcontractor will be responsible for any damages incurred by contractor. In addition, subcontractor shall be solely responsible for all equipment issued to subcontractor including (lost, damaged, stolen, fire damaged) equipment. Contractor agrees to pay all charges associated with said (lost, damaged, stolen, fire damaged) equipment.

26. Field Equipment and Safety Requirements. All subcontractor must implement and follow equipment and safety regulations as follows:

1. Only OSHA approved fiberglass ladders can be used (ANSI Standards)

2. Work boots or safety boots must be worn at all times while working. No tennis shoes may be worn.

3. Hard Hat meeting ANSI, Z89.1-1981, Class B, must be used by all Contractors on all jobs.

4. Safety Glasses must be worn while installing.

5. Safety Belt and Strap must be used on all ladder jobs.

6. Traffic Cones, 2 each are required during all jobs.

7. Proper identification badge must be affixed on to Contractor at all times while at work. Subcontractor is solely responsible for any fines, penalties, and/or fees imposed by OSHA due to non-compliance. Contractor encourages subcontractor to adopt a Ladder Safety policy.

27. Ladder Safety: Use a ladder to get to work that you cannot reach otherwise. Under no circumstances should you climb on or use make-shift ladders and or devices. Before you use your ladder, inspect it carefully for missing cleats, cracked or slippery rungs, broken spreaders, or split side rails. It is against OHSA regulations to use metal ladders! Therefore, only fiberglass ladders should be used.

When using a straight ladder, keep the distance from the ladder’s base to the pole ¼th the distance from the base point to the support.

• Be sure of your hand grip and foot placement when you are using a ladder.

• Move your ladder as your work progresses, and while working, keep your belt buckle between the side rails.

• Ladders resting against strands must be supported by cable hooks or extended 2(two) feet above the strands to fully open a stepladder and set the locking device before ascending.

• When climbing, use both hands, and never stand on the top or the first step from the top. If it is necessary to place a ladder near a door or aisle through which there is traffic, warning signs and barricades should be set up.

28. Assignment of Contract. No assignment of this Contract shall be made by either party without consent in writing of the other.

Subcontractor Initials*

Address: 11859 Chaparral Dr Frisco TX 75035 - Phone Number: +1 (855) 377 - 3600

29. Binding Effect. This Contract is binding upon each party’s respective heirs, successors, and assigns.

30. Invalidity of Portion of Contract Shall Not Affect the Remaining Provisions. In case any one or more provisions of this Contract shall be invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not be in any way affected or impaired hereby.

31. Technician payment rate and time: Technician will get paid a percentage of the total amount of each invoice weekly based on the table below.

To ensure fairness and adaptability to the evolving needs of both our company and our technicians, we are proposing a dynamic payment system. This system moves away from a fixed percentage model, aiming instead to adjust compensation based on a variety of factors such as job complexity, technician experience, and customer satisfaction. This approach is designed to foster a more equitable and motivating work environment, ultimately benefiting our entire team and enhancing service quality for our clients.

Payment Method - Please Read Carefully
ONE WEEK PAYMENT POLICY FOR QUALITY ASSURANCE:

Once the services have been provided, from the date of service, the payment will be on hold for ONE WEEK, after confirmation by the customer and company manager in regards with the quality of the service, your commission will be paid in full based on the upcoming payment period by direct deposit. For example, if we consider the period of January 1st - January 15th, the payment for the services provided by Subcontractor within said period will be submitted to Subcontractor’s account between January 23rd - January 25th considering one week on-hold status to ensure Quality Assurance standards on the services provided.

All payments processed through direct deposit will take 2 to 5 business days to show up at Subcontractor`s bank account depending on the bank.

32. Acceptance of Terms by Subcontractor. Subcontractor warrants that it fully understands and accepts all the terms and conditions of this Contract.

33. Entire Agreement. This Contract constitutes the entire agreement of the parties for all subjects covered in this agreement, and it supersedes all prior agreements addressing the subject matter herein. This agreement does not preclude or supersede any equipment or vehicle leases between the parties. This contract may be changed only by an agreement in writing by both parties that is expressly stated to be an amendment hereto.

Subcontractor

Contractor

Subcontractor Initials*

Address: 11859 Chaparral Dr Frisco TX 75035 - Phone Number: +1 (855) 377 - 3600

Company Name (Contractor): DPS 360 LLC By Ikbal Biniyaz (CEO)

Please Read Carefully

ACKNOWLEDGEMENT

I understand that (1) the Contractor has a drug and alcohol policy that provides for pre-contract testing as well as testing after contraction and I ACKNOWLEDGEMENT that I am familiar with and I understand the policy and at full charge to the subcontractor along with any necessary fees associated to the Contractor for completing and processing of the screenings; (2) consent to and compliance with such policy is a condition of an independent contract; and (3) continuing as a subcontractor is based on the successful passing or testing under such policy

WORKERS’ COMPENSATION WAIVER FORM

The following is a written waiver under the compulsory Workers’ Compensation laws that provides that a Sole Proprietor may waive his/her rights to Workers’ Compensation coverage and benefits: I am a sole proprietor/independent contractor and I am doing business for contractor (company). Therefore, neither myself nor any of my staff are employees of contractor (company) or any additional insureds as listed; Therefore, for workers’ compensation purposes, neither I nor any of my staff are entitled to workers’ compensation benefits from contractor (company). I understand that if I have any employees working for me, I must maintain workers’ compensation insurance on them.

Representation as to the truth of statements. I represent that all statements on this application are true and complete. I understand that the misrepresentation or omission of facts called for in this application is cause for termination of any contract between contractor and subcontractor at any time without any previous notice.

I acknowledge that this application does not create a contractual or an employment relationship between contractor (company) and subcontractor. Also, I understand that I am solely responsible for all damages related to the job I take and if I cause any damages, I agree that the company will charge me from my next pay checks. Also, I am aware that I am responsible for providing all the tools, equipment, transportation, fuel and my own medical, accident and disability insurance to perform the work in a professional manner.

I acknowledge that it is the subcontractor's responsibility to update his change address and the subcontractor must notify the contractor his new address within 15 days after the movement

I acknowledge that and I understand the policy and at full charge to the subcontractor along with any necessary fees associated with the contractor for completing and processing of the screening including drug test, background check, MVR and other fees.

I acknowledge that once contractor or subcontractor decides to cancel or put on hold this agreement, his/her payment is going to be put on hold for 8 weeks for any potential chargeback, damages, fail QCs, lost equipment or any potential chargeback.

This Contractor is an equal employment opportunity subcontractor. We adhere to a policy of making decisions without regard to race, color, religion, sex, national origin, citizenship, age or disability. We assure you that your opportunity for an independent contractor relationship with this Contractor depends solely on your qualifications.

Subcontractor Initials*

Address: 11859 Chaparral Dr Frisco TX 75035 - Phone Number: +1 (855) 377 - 3600

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