Dear Potential Mystery Shopper,
Thank you very much for your interest in offering to provide mystery shopping services to Premier Service!
At Premier Service, we offer our Mystery Shopping Assignments to the most thorough mystery shopping suppliers. We want all mystery shoppers to take complete pride in their work, writing intelligent surveys that are clear, honest and observant.
We pay all mystery shopping suppliers competitive rates in a timely fashion. We do our best to offer as much guidance as possible, to help clarify our clients' assignments and requirements. We thrive on feedback. Our mystery shopping surveys are constantly evolving, in attempt to make them as intuitive as possible. Should you begin to offer your services to us, we hope that you will contribute by letting us know what we are doing right, and more importantly, what we are doing wrong. We look forward to reading your application to provide services for Premier Service.
We pay all our shoppers via PayPal. Each month, we will ask you to send us an invoice for your completed surveys. This is a quick process, and if you need assistance, we will provide you with clear instructions. If you do not have a PayPal account, you will not be able to be paid for your shops. You must sign up for a PayPal account if you want to be paid for your shops. For more information about PayPal, please consult our PayPal FAQ, or visit www.paypal.com. Please note that Premier Service offers no PayPal support whatsoever. If you are not comfortable with PayPal, please speak to a colleague, friend, or relative who can help you. We cannot offer any PayPal assistance.
The Premier Service Team
The following clauses set forth the terms and conditions of your relationship with Premier Service. If you do not agree with all the clauses, please do not click on the "I AGREE" button. By clicking on the "I Agree" button and by completing form on the next page, you agree to conduct this transaction electronically. By clicking on the I Agree button, and by filling out your name and email address on the next page, you understand that this Agreement will have the same validity, enforceability, and legal effect as if it were a traditional paper agreement signed by hand. Please do not hesitate to print up this Agreement for your own personal records.
We like to consider ourselves a fun and lighthearted company to work with, as everyone enjoys "getting paid to shop"! Nonetheless, mystery shopping is something to be taken very seriously. Deadlines must be respected, and surveys must be filled out exactly as our clients require.
If you do not agree with all the clauses, please do not click on the "I Agree" button. If you have any questions about the clauses, please e-mail firstname.lastname@example.org.
|Mystery Shopping Agreement - Updated 2012-03-14
- By offering your mystery shopping services to Premier Service, you understand that there is no guarantee that there will be any assignments offered to you. From time to time, when Premier Service's clients require it, you will be notified via email of assignments in your area, you will always be completely free to accept or decline the assignments. There is no obligation whatsoever on either party. Premier Service reserves the right to engage others to provide similar and/or identical services in the same geographical area. You are free to provide shopping services to other mystery shopping firms.
- Your services are rendered as an independent contractor. You are paid a predetermined fee for each assignment you successfully complete. You are not an employee of Premier Service, and nothing contained herein shall create the relationship of employer and employee. Therefore, Premier Service will not withhold any amounts for income tax or Employment Insurance (EI) or Canada/Quebec Pension Plans (CPP/QPP) from your compensation nor make any payments toward income tax, EI, or CPP/QPP with respect to your earnings. You will not be an agent of Premier Service. It is up to you to declare all your income to your municipal, provincial, state or federal tax authorities as your business income. If you wish to learn more about the difference between an independent contractor and an employee, you may want to visit the Canadian Customs and Revenue Agency's comprehensive publication on the matter.
- Your sole obligation to Premier Service will be to complete the assignments that you accept and to keep all information gathered on your assignments confidential as described herein.
- Assignments involve the observation, evaluation, and interaction with certain businesses and products in accordance with our clients' requirements for the assignments. These requirements will be communicated to you prior to your acceptance of each assignment. You agree to perform a thorough review of any and all instructions, certifications, and/or guidelines provided by Premier Service for each and every assignment that you agree to complete. These specifications will relate directly to the results expected and not to the details of performance, which shall be at your sole discretion. Within the bounds of the assignment, you will control the time, the date and manner of performing the assignment.
- Premier Service will quote a fee or reimbursement for a particular assignment in advance of your acceptance of the assignment. There may also be reimbursement for certain specific purchases required in connection with the assignment. You will be responsible for all other expenses which you incur in the performance of services for Premier Service. Non-reimburseable expenses may include, but are not limited to, local travel, postage, photocopies of surveys, fuel and automobile costs, fax charges, required software such as Microsoft Office, an internet connection, phone equipment, paper and ink costs to download electronic assignments, and so forth.
- Premier Service will not supply you with any tools or equipment to complete any assignments. You must supply your own means of transportation to visit any of our clients' locations, and you must complete all the surveys from your own computer, in your own home office or place of business. As a self-directed supplier, you will not receive direct supervision regarding completing assignments. Shop deliverables are assessed upon completion. It is up to you to determine on your own how many assignments you can accept for completion. You will not be supervised during the course of any assignment. Your only obligation is that of a completed survey after each assignment.
If you ever file for employment insurance benefits, do not list Premier Service as an employer as you are not an employee of Premier Service. If you list Premier Service as your employer, we must inform Human Resources Development Canada (HRDC) that you are not an employee but an Independent Contractor.
- As an independent contractor, you recognize that there are no set working hours; no minimum salary, no sick pay, and no vacation pay. You will not receive any type of fringe benefits, including, but not limited to, health or hospitalization insurance, dental insurance coverage, life insurance, disability protection, workman's compensation insurance, CSST, retirement plans, and the like.
- Each of us acknowledges to the other that you have no authority to bind Premier Service in any manner. This implies that you cannot open a bank account in our name, sign one of our cheques, enter into a contract on behalf of Premier Service.
- You are not required to attend any mandatory meetings, to serve on office duty, nor does Premier Service have any control over which hours, or the amount of hours, during which you render services. You are not authorized to transact business, incur obligations, sell goods or services, receive payments, solicit orders or sign or create any obligations of any kind, express or implied, on behalf of Premier Service or to bind in any way whatsoever or to make any promise, warranty or representation on behalf of Premier Service except as expressly authorized in writing by Premier Service.
- If you have any employees, contractors, agents or subcontractors (including, but not limited to: assistants, drivers, computer technicians, office staff, etc), they shall be deemed to not be an employee or contractor of Premier Service, and the terms and conditions of their employment and/or service contracts shall indicate this accordingly.
- Should you accept to offer your services to complete one or more assignments, an implied contract between you, as an Independent Contractor, and Premier Service is created for only those assignments. In the event you are unable to perform an accepted assignment, you agree that you will promptly notify the Premier Service scheduler by phone or by E-mail within 48 hours before the assignment is due, so that the assignment can be offered to another mystery shopping supplier without delay. Assignments are grouped together as one contractual agreement. Should you be assigned multiple assignments, and you do not submit one of them by the agreed-upon deadline, please understand that you are causing much hardship on behalf of the scheduler, and undue expense to Premier Service. Should you not submit so much as one survey without informing the scheduler within the aforementioned delay, Premier Service maintains the right to not reimburse you for any of your shops in that group of assignments.
- You will be paid an amount to be agreed upon, on a per assignment basis. The agreed-upon amount is all-inclusive (ie. mileage, travel, food, etc). Any special expenses that may be reimbursed will be clearly indicated prior to the shop (ie. entry to certain venues). Any questions or uncertainties that you may have about an assignment must be brought up with the scheduler at least 48 hours before the assignment is due, or within 24 hours of accepting to perform the assignment, whichever comes first. In fairness, you will always be given a chance to remedy any problems with your surveys, to avoid the abovementioned penalty. If you are asked to fax in your receipts, but you fail to do so, (or if you fail to follow the explicit faxing directions as set forth in the training), you will not be reimbursed for that particular shop.
- You acknowledge that in the course of your business relationship with Premier Service, you will be exposed to valuable trade secrets and proprietary and confidential information that is owned or controlled by Premier Service and its clients. (This includes, but is certainly not limited to: surveys, forms, questionnaires, client programs, methodologies, training materials, shopping schedules, store lists, and so forth). It is imperative that you treat this information as confidential and take all necessary precautions against disclosure of the information to third parties during, and after your contract with Premier Service.
Premier Service runs its operations in the most ethical manner conceivable, and the same is expected from all mystery shopping suppliers. You agree not to disclose the names of Premier Service's clients, the location of the assignments, or any information gathered during an assignment to anyone other than representatives of Premier Service. The agreement of confidentiality contained herein specifically prohibits you from disclosing such confidential information to Premier Service's competitors, but this confidentiality agreement is not limited to competitors. Should you disclose the above-mentioned information to any competitor of Premier Service or a competitor of our client, you could be held liable. While Premier Service does not prohibit you from providing shopping service to its competitors, if you choose to do so you must take special care not to disclose any information regarding Premier Service to the competitors. Furthermore, you may not use the confidential information and questionnaires for your own benefit separate from completing assignments for Premier Service. You are prohibited from soliciting clients through your association with Premier Service. Any breach of confidentiality will result in your immediate removal from our list of active Independent Contractors and we reserve our right to pursue legal action.
- Premier Service strives to pay all mystery shopper suppliers in a timely fashion. All our payments are done via PayPal upon receipt of your invoice. For more information on PayPal, you may consult our PayPal FAQ, or visit www.paypal.com. PayPal, owned by eBay, is the world's most popular online payment solution with over 230 million account holders worldwide.
- Several of our clients require the purchase of alcohol while performing their assignments. If you are required to make a purchase from a liquor store, you are not required to consume your purchase. If you are required to order an alcoholic beverage at a restaurant or lounge you are only required to sample the lesser of 3 sips or 1 oz. Any more than that is at your own risk and by requesting these assignments you agree to hold Premier Service and the client blameless should any mishap arise as a result of the consumption of alcohol
- Premier Service has no control over or involvement with the products or services of its clients, which you may purchase or utilize in the performance of an assignment. If you suffer any damage, cost or loss as a result of or in connection with the products or services of Premier Service's clients, you will make no claim against Premier Service for such damage, cost or loss and you will hold Premier Service harmless with regard to any claim you may assert against any other party. You agree to indemnify, defend and hold harmless Premier Service from and against all losses, demands, claims, damages, expenses, judgments or liabilities, including costs, attorneys' fees, taxes, fines, penalties, interest or other awards that may be imposed on, incurred by or asserted against Premier Service as a result of any claim arising from or in connection with any negligent, wrongful or unlawful act or omission on your part.
- While performing assignments for Premier Service, you must not conduct yourself in any manner that would serve to undermine the integrity and effectiveness of the mystery shop or damage the reputation Premier Service. This would include, but is not limited to, advising our clients' staff that you are performing a mystery shop, seeking or receiving reward from our clients' staff in exchange for a promise of a more favourable survey, swearing or wearing inappropriate attire during your assignment. You must not fabricate information or details and you must not provide, share, release, or discuss any forms, questions, instructions or directions with anyone unauthorized by Premier Service. All forms, instructions, information, internet web sites and other electronic forms of communication, as well as data found within are the sole property of Premier Service and its related clients.
- You agree that you will not accept nor complete any assignment or part thereof, should a conflict of interest exist, whereby an association exists between you and Premier Service’ client, their employees, agents, franchisees, dealers or other representatives. You agree to notify Premier Service if a relationship exists, whereby you are or have been an employee, ex-employee or immediate family member of a Premier Service client, their employees, agents, franchisees, dealers or other representatives.
- In carrying out your performance under this Agreement, you shall comply with all applicable laws, rules, regulations and orders, and prior to and during the performance of your assignments, you shall have or obtain any licenses, permits or insurance coverage required for the performance of the work.
You agree that you will not complete any assignment or part thereof, while under the influence of alcohol or drugs (except prescribed prescription medications).
- You acknowledge that unless specified to the contrary in writing, it is strictly forbidden to use any type of audio or recording device while on assignment. Store or restaurant employees must not be recorded without their full consent.
- You hereby warrant and represent that if you drive to and/or from mystery shopping locations that you have valid automobile and general liability insurance coverage and policies in good standing to cover all of your activities conducted for Premier Service; and workers compensation insurance as may be required under the laws of your state or province, and if you have employees, such insurance shall cover all of your employees. You hereby release any and all claims against Premier Service that may arise out of travel to and from mystery shopping locations or while on a client's premises.
- You agree that you will indemnify and hold Premier Service, including its shareholders, directors, agents and assigns ("Parties") harmless from and against any and all actions, damages, liability, suits, expenses and claims of any nature, including any settlement therefrom, and all reasonable attorney’s fees incurred as a result therefrom, asserted against Premier Service and its Parties by any third party, including any client of Premier Service, which result from or arise out of your acts, errors, omissions, or negligence while on the property of any of our clients performing an assignment on behalf of Premier Service or traveling to or from an assignment by car or by any other mode of transportation, including but not limited to, any damage to property or injury or death to any person. In defending or settling any claim, you shall have no right to commit Premier Service financially or otherwise without the prior written consent of Premier Service. In defending any claim that you are required to indemnify and hold Premier Service and/or its Parties harmless hereunder, Premier Service and/or its Parties are permitted to choose their own legal counsel for which you will be liable for all reasonable fees and costs.
- You further agree to indemnify and hold Premier Service and its Parties harmless from and against any and all claims, demands, liability, damage, cost or expenses (including without limitation attorney’s fees, back wages, back contributions, liquidated damages, penalties or interest) resulting from an audit, inquiry or claim from any state, provincial or federal agency or taxing authority resulting from the failure to collect, withhold or pay any or all federal, state, or provincial income taxes or social security, EI, or other such contributions required to be withheld or otherwise paid over from the Fees paid to you under this Agreement to any applicable state, provincial or federal agency or taxing authority, for yourself or for any employees or agents you so employ; and the failure to pay or otherwise provide to you as part of or in addition to the Fee for your services rendered under this Agreement such benefits, contributions or conditions of employment as may be required under any provincial, federal or local law, regulation or statute, including without limitation, fair wage and hour, minimum wages, health insurance, maternity or other leave, unemployment compensation, workers compensation or any other state or federal mandated benefit.
- This Agreement shall endure to the benefit of and be binding upon your heirs, executors, personal representatives, successors and assigns and shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada.
- Both you and Premier Service hereby acknowledge that it is their express wish that this Agreement be drawn in the English language only; les parties reconnaissent que c'est leur volonté expresse que la présente entente soit rédigée en langue anglaise seulement.
The bottom line is that our clients expect 100% perfection and professionalism from Premier Service. In turn, we expect the same from our suppliers. We will treat you with the same respect that we show to our clients.
If you agree with the foregoing clauses, and you still wish to offer your mystery shopping services to Premier Service, then, please click on the "I AGREE" button below. You will then be taken to our on-line application which will take approximately 15 minutes to fill out.