Contract Elance Has a Services Agreement Which Research Paper
- Length: 5 pages
- Sources: 3
- Subject: Business - Law
- Type: Research Paper
- Paper: #29438732
Excerpt from Research Paper :
Elance has a Services Agreement, which acts as part of company's Member Contract between Client and Provider. The agreement is considered effective after a client awards and provider accepts a job on the firm's website. In this case, the Member Contract is implemented once the client agrees to purchase and the provider agrees to deliver a job on the site. In order to ensure the suitability of the Member Contract, the Service Agreement is based on the company's conditions, terms, rules, guidelines, and policies that include the organization's terms of service. Notably, the client is responsible for managing, accepting, evaluating, and making payments for suitable Provider Services based on the Member Contract in an apt and professional way. One the contrary, the Provider is responsible for the quality and performance of Client Services based on the Member Contract in a professional and timely manner. This Services Agreement or Member Contract is an example of a contract that can be used in several scenarios.
Scenario for Using the Contract:
Generally, Elance Services Agreement is an example of a Service Contract in which the Client and Provider agrees to act in good faith through fair dealings that are carried out in a timely and professional manner. While the client manages, accepts, evaluates, and pays for satisfactory services from the provider, the provider avails the services based on industry practice at a time and place that he/she deems appropriate. The provider is also responsible for determining the manner he/she chooses to perform the job through his/her own tools, equipment, and other necessary materials ("Services Agreement," 2010).
An example of a scenario that may require the use of a Services Agreement of Services Contract is a situation where a Clinical Commissioning Group is launching anti-coagulation or International Normalization Ratio (INR). This launch is for locally enhanced services from the group's local medical practices. The basis for the commissioning of the INR is that the Clinical Commissioning Group considers lower cost and direct link to clinical responsibility and dosage as important factors in determining the provider of these services.
Generally, Clinical Commissioning Groups (CCGs) are organizations established in England's health sector by the 2012 Health and Social Care Act to arrange the provision of NHS services across the country. As a clinically led group that includes all general practitioners in the respective geographical area, the CCG functions through purchasing or commissioning health services. The group also works with patients and professionals in the healthcare field as well as in partnership with the local community and authorities to organize the delivery of services of the National Health Service.
In order to fulfill, its mandate this Clinical Commissioning Group is buying an International Normalization Ratio or anti-coagulation locally enhanced service from its practices in the local community. Anti-coagulation is a service offered to clients above 16 years with need for long-term anticoagulant therapy monitoring and registered with the local General Practitioner. Notably, anti-coagulants are described as medicines that help in lessening blood clotting in an artery, the heart, or vein.
However, the commissioning of INR from local practices requires the CCG to identify an appropriate service provider and enter into an agreement for the provision of such services. The group proposes that General Practitioner practices should continue offering the services based on the registered list ("Hypothetical Case Scenarios," 2012). This proposal is also influenced by the view that GP practices would be appropriate based on lower cost and direct link to clinical responsibility and dosage. As a result, the Clinical Commissioning Group seeks to continue with plans of contracting with all General Practitioner practices rather than marketing the service.
Since this practice is consistent with regulations in the National Health Service, CCG plans would require the use of a Services Contract or Agreement with General Practitioner practices. Under the agreement, CCG will act as the Client responsible for managing, accepting, evaluating, and providing payments for suitable services in a timely and professional manner. In contrast, all the local GP practices that CCG seeks to establish contracts with would act as the Provider with the responsibility of performing and providing quality services in an apt and professional manner.
However, the Service Contract or Agreement not only involves CCG and GP practices but also requires the involvement of patients. The third party beneficiaries of this contract are patients who receive the anti-coagulation service. These patients play a critical role in determining whether the Provider i.e. General Practitioner has offered appropriate services to the Client i.e. Clinical Commissioning Group. The suitability and effectiveness of these anti-coagulation services is determined based on patients' reactions and views of the service.
Laws Governing Service Contracts:
Similar to many contracts or agreements in the United States, Elance Service Agreement is governed by common law and specific state laws. The common law is legislation created by courts through interpretation of previous circumstances and facts (Mack, 2011). Common law is considered as the primary source of contract law and is primarily based on general interpretations of courts. With regards to specific state laws, Elance Service Agreement between Client and Provider is governed by the laws of the State of California ("Services Agreement," 2010). Actually, any action related to the contract is governed, defined, and interpreted by and under California state laws though without providing any conflicts of law principles that need application of the law of another jurisdiction. In addition to these laws, the agreement is governed by intellectual property rights with regards to confidentiality, partnership, and indemnification.
Fairness of the Contract:
Elance Services Agreement between Client and Provider is a fair contract because it incorporates all elements of a contract and is based on the necessary laws that govern contracts. The contract provides details that govern the independent contractor relationship with regards to clients purchasing the service and providers delivering it. The fairness of the contract is also attributed to the flexibility of job terms in the independent client/provider relationship. According the provisions of the contract, the Services Agreement may be changed through job terms awarded, accepted on the website, and uploaded to the Elance website ("Services Agreement," 2010).
Elance Services Agreement between Client and Provider is a partially integrated contract since only certain terms of the parties' agreement are included in the contractual agreement. This is primarily because it primarily contains terms regarding the Client's award and acceptance of a job on the Site by the Provider. This agreement does not stipulate the company's terms of service such as conditions, policies, guidelines, and terms that govern the relationship. However, the Client and the Provider agrees to Elance terms of service despite of the fact that they are not detailed in the contract. As a partially integrated contract, this service agreement contains terms that the parties agree to while they are absent.
Since it's a partially integrated contract, the type of evidence that may be used to question contract issues is evidence that contradicts the writing or terms of service. When questioning contract issues, contradictory evidence is first analyzed to determine whether it supplements the writing. In cases where it supplements the writing, the issues are admissible through extremely subjective or subtle distinction. However, when the evidence contradicts the writing, the contract or agreement is questioned. For instance, when the Provider offers a job that does not meet with the Client's requirements or in contradiction with Elance Terms of Service, the contract issues are questioned.
Assignment of Rights:
Elance Service Agreement between Client and Provider allows the assignment of rights in which the Provider wants the assignee to assume all contractual obligations and rights on his behalf. This contract allows this process since the Provider is responsible to offer the Client's job through any means he/she deems possible although in a professional and timely manner. An example of a scenario where the assignment of rights may be carried out is a situation where the Client changes the job requirements after the Provider has entered into an agreement with him/her. During this process, the Provider must ensure that the Client is aware of the assignment of rights while ensuring that the assignee is competent enough to meet these requirements.
As previously mentioned, the way and means with which the Provider chooses to conduct the Job are in his/her sole control and discretion. This process may involve appointing another person…