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This Biomedical Technician & Engineer Agreement ("Agreement") constitutes a legally binding contract between you ("you," the "Biomed," or the "Contractor") and Medevice Kenya Ltd., the owner and operator of the EquipNet platform ("EquipNet," "we," or "us").
This Agreement governs your use of the EquipNet platform (the "Platform") to connect with healthcare facilities ("Facilities") and provide professional services. By creating an account, clicking "I Agree," or by accepting a job request through the Platform, you expressly acknowledge that you have read, understood, and agree to be bound by all the terms and conditions set forth in this Agreement.
1.1. EquipNet provides a digital platform to connect independent, certified/qualified biomedical technicians and engineers with Facilities seeking repair, maintenance, and other technical services for medical equipment.
1.2. When a Biomed accepts a service request from a Facility, a "Job Card" will be generated. The Job Card will detail the specific tasks, equipment involved, location, and other relevant instructions.
1.3. You hereby agree to perform the services for any accepted job strictly within the scope, specifications, and requirements detailed in the corresponding Job Card. Any work performed outside of this scope without prior written authorization from the Facility (facilitated through the Platform) is done at your own risk and may not be compensated.
2.1. Independent Contractor Status:
It is expressly understood and agreed that you are an independent contractor and not an employee, agent, partner, or joint venturer of EquipNet or any Facility. EquipNet does not direct or control the manner in which you perform your services.
2.2. You shall have no authority to bind EquipNet to any contract or obligation.
2.3. As an independent contractor, you are solely responsible for providing your own tools, equipment, and transportation required to perform the services.
3.1. Service Fees:
The fees payable for each job will be specified on the Job Card or as agreed upon during the bidding/acceptance process on the Platform.
3.2. Payment Processing:
All payments from Facilities for your services will be processed through the EquipNet Platform. Upon successful completion of a job, as verified by the Facility, EquipNet will facilitate the payment of your service fee.
3.3. EquipNet's Fee:
You agree that EquipNet will deduct a service fee (the "Platform Fee"), disclosed to you at the time of job acceptance, from the total payment made by the Facility before disbursing the final amount to you.
3.4. Disbursement:
Your earnings, less the Platform Fee, will be disbursed to your designated account in accordance with the payment schedule outlined on the Platform.
4.1. Sole Responsibility:
As an independent contractor, you are solely and exclusively responsible for the payment of all applicable personal income taxes, value-added taxes (VAT), and any other statutory deductions required under the laws of Kenya.
4.2. No Withholding:
EquipNet will not withhold any taxes on your behalf. EquipNet will report your earnings as required by the Kenya Revenue Authority (KRA), but the responsibility for assessment and remittance of taxes rests entirely with you.
You represent and warrant that:
5.1. You possess the necessary qualifications, certifications, skills, and experience to perform the services you offer on the Platform.
5.2. You will perform all services in a professional, diligent, and workmanlike manner, consistent with industry standards.
5.3. You will maintain all necessary licenses and permits required to operate as a biomedical technician/engineer in Kenya.
You may gain access to confidential information regarding the Facilities, their equipment, or their patients. You agree to hold all such information in strict confidence and not to disclose it to any third party.
You agree to indemnify and hold harmless EquipNet, its directors, and employees from and against any and all claims, damages, liabilities, and costs arising out of your negligence, willful misconduct, or breach of this Agreement.
8.1. You may terminate this Agreement at any time by deactivating your account.
8.2. EquipNet may terminate this Agreement or suspend your account if you breach any of its terms.
8.3. Termination of this Agreement will not relieve you of your obligations to complete any jobs you have already accepted.
By clicking "I Accept" or by using the EquipNet Platform, you confirm that you have had the opportunity to review this Agreement, you understand its terms, and you agree to be legally bound by it. This action creates a binding electronic signature and a contract enforceable against you in a court of law.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.
Important Notice: This is a legally binding agreement. By accepting this agreement during registration, you acknowledge that you have read, understood, and agree to be bound by all its terms and conditions. If you have any questions or concerns, we recommend consulting with a legal professional before proceeding with registration.
Contact Information:
Medevice Kenya Ltd. - EquipNet Platform
Email: equipnet@medevice.africa
Phone: +254 740 661 985
