This page contains standard terms and conditions that apply to all Contractors providing Services to or on behalf of Pet Relocation, LLC. Terms specific to an individual Contractor will also apply and are considered in addition to these standard terms and conditions. In case of conflict between terms of a specific agreement between Contractor and Pet Relocation (“Agreement”) and this document, the terms of this document shall take precedence.
a. Pet Relocation may maintain insurance policies, including animal bailee coverage for loss or damage to any Cargo, for the benefit of Pet Relocation. Contractor shall cooperate fully with Pet Relocation with regard to such insurance and such insurance companies in order to obtain and maintain such policy(ies) and shall perform all acts and requirements as may be included in such policy(ies) regarding an insured’s duty to cooperate.
b. Contractor represents and warrants that Contractor will comply with all applicable laws throughout the Territory.
c. Contractor will obtain and maintain at all times throughout the term of the Agreement, at Contractor’s own expense, insurance for claims which may arise from or in connection with Contractor’s Services.
d. Evidence of Insurance. Upon Pet Relocation’s request, Contractor shall provide Pet Relocation with a certificate of insurance in accordance with the foregoing provisions of the Agreement.
e. Failure to Maintain Insurance. Failure to maintain the insurance required herein will constitute a material breach, upon which Pet Relocation may immediately terminate the Agreement, in Pet Relocation’s sole discretion.
Contractor will provide the Services in compliance with the US Department of Homeland Security’s Sanctions Policy set forth at https://www.tsa.gov/sites/default/files/enforcement_sanction_guidance_policy.pdf (“TSA Policy”) and Contractor agrees and acknowledges to be bound by and adhere to TSA policy as it applies to Pet Relocation and Contractor’s Services. Contractor will immediately notify Pet Relocation if Contractor becomes aware of any Contractor's violation of TSA Policy and any actions Contractor has taken or will take in connection with the violation. Contractor will promptly reimburse Pet Relocation for penalties imposed in response to Contractor’s violation of TSA Policy.
a. Contractor and Pet Relocation recognize that in connection with the Services provided by Contractor under the Agreement, accidents, errors, omissions and events may occur which result in the loss, damage or death of Cargo, illness and/or death to persons. Contractor and Pet Relocation further recognize that these types of risks may be covered by insurance as provided for herein. However, Pet Relocation and Contractor agree that the indemnity and insurance obligations contained in this document and the Agreement are separate and distinct and apart from each other, such that failure to fulfill the indemnity obligations does not alter or eliminate the insurance obligations or vice versa. Except to the extent limited or prohibited by law, the insurance obligations under this section will not in any way limit the defense and indemnity obligations as allocated herein.
b. For purposes of this document “Pet Relocation” means Pet Relocation, its parent or owners, affiliates, subsidiaries, related companies, joint ventures, joint owners, and each of /heir respective members, managers, officers, directors, agents, employees, servants, consultants, insurers, representatives and invitees. Contractor agrees to protect, defend, indemnify, save and hold harmless Pet Relocation from and against any and all claims, demands, causes of action, defense costs, suits, losses, expenses, damages and liabilities of every kind and character (including but not limited to claims, demands, judgments, or suits for Cargo damage, bodily injury, personal injury illness, disease, death or loss of services, or wages or for loss of consortium or society, court costs, expenses, attorneys' fees, investigative costs, and the cost and expenses of any litigation or arbitration) which may be brought by any person or entity against Pet Relocation or in which Pet Relocation may be named a party defendant, in any way arising out of directly or indirectly, or in any way relate to Contractor’s Services.
3. CONFIDENTIAL INFORMATION & NON-DISCLOSURE:
a. Each party may provide the other (the “Receiving Party”) with certain confidential information and materials related to the disclosing party’s (“Disclosing Party”) customers (“Confidential Information”), which Confidential Information includes, without limitation, the Disclosing Party’s ideas, concepts, data, materials, business plans, financial condition and records, bids for jobs, pricing schedules, employees, information related to compensation and the compensation of the Disclosing Party’s employees and contractors, inventions, algorithms, decision technology and/or models, processes, methods or practices, designs, specifications, drawings, graphics, samples, improvements, developments, applications, documentation, functionality, security procedures and approaches, access codes, log in identifications, passwords, know-how, customer names and information, information owned by the Disclosing Party’s customers, experimental work, distribution arrangements and trade secrets. The parties acknowledge and agree that the Confidential Information is the trade secret of the Disclosing Party.
b. The parties agree that the Receiving Party shall not, during the Term of the Agreement, disclose, use, or communicate to any person or entity the Confidential Information in any manner or for any purpose in contravention of the Disclosing Party’s policies or procedures, inconsistent with the Disclosing Party’s measures to protect its interest therein, or otherwise to the detriment of the Disclosing Party. Further, the parties agree that the Receiving Party will not, after Termination of the Agreement, disclose or communicate to any person or entity any Confidential Information, nor will the Receiving Party use, copy, compile, or reverse engineer any Confidential Information. The parties further agree that upon Termination of the Agreement, a Receiving Party shall not take, transfer, or remove any copy of any of the Confidential Information from the Disclosing Party’s premises. The Receiving Party shall return all copies of any Confidential Information in Receiving Party’s possession or control within 3 days after the Agreement terminates. The parties acknowledge that all Confidential Information, wherever located, is and remains the property of the Disclosing Party. The phrase “Termination of the Agreement,” when used herein, means termination of the Agreement by either the Contractor or by Pet Relocation.
c. Contractor shall not, for one (1) year after Termination of the Agreement, directly or indirectly solicit, entice away, divert, employ or hire any of Pet Relocation’s employees. Contractor also shall not, for one (1) year after Termination of the Agreement, directly or indirectly solicit, entice away, divert, work for, or provide services substantially similar to Pet Relocation’s services to, any customer of Pet Relocation with whom Contractor communicated in any way, or any customer that Contractor knows or has reason to know was a customer of Pet Relocation, during the (1) year period prior to the Termination of the Agreement.