Personnel Independent Contractors. Service Provider and DigiCert are independent contractors. Service Provider has exclusive control over its Personnel and over its labor and employee relations and its policies relating to wages, hours, working conditions and other employment conditions. Service Provider has the exclusive right to hire, transfer, suspend, lay off, recall, promote, discipline, discharge and adjust grievances with its Personnel. Service Provider is solely responsible for all salaries and other compensation of its Personnel who provide Services and for making all deductions and withholdings from its employees’ salaries and other compensation and paying all contributions, taxes and assessments. Unless otherwise agreed in writing, Service Provider’s Personnel are not eligible to participate in any employment benefit plans or other benefits available to DigiCert employees. Service Provider has no authority to bind DigiCert to any agreement or obligation. Service Provider will be solely responsible for all theft, damage and/or misconduct related to its Personnel. Service Provider may not subcontract any Services or delegate any of its obligations under this Agreement or any SOW without the prior written consent of DigiCert. If DigiCert so consents, Service Provider will ensure that any such subcontractor is bound to the terms of this Agreement. Notwithstanding the existence or terms of any subcontract, Service Provider is responsible for the full performance of the Services and for its subcontractors’ compliance with the terms of this Agreement.
Personnel Independent Contractors
