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INFORMATION DESTRUCTION REQUIREMENTS

OVERALL REQUIREMENTS

At Handyman Tewang Corp DBA Construction Gallery USA direction, Vendor shall destroy all Confidential Information at all locations where it is stored after it is no longer needed for performance of the Business Purpose, whether pursuant to terms of a written agreement or otherwise, or to meet regulatory requirements. Vendor must have in place or develop information destruction schedules and processes that meet Handyman Tewang Corp DBA Construction Gallery USA standards and that must be used in all cases when Confidential Information is no longer needed. These information destruction requirements are to be applied to paper, microfiche, disks, disk drives, tape and other destroyable electronic or digital media containing Confidential Information.

PAPER AND OTHER SHREDDABLE MEDIA

Paper and other shreddable media includes paper, microfiche, microfilm, compact disks (CDs) and any other media that can be shredded. This media must be shredded using shredding techniques or machines such that Confidential Information in this media is completely destroyed as set forth herein when Supplier is finished with the Confidential Information contained thereon and it is no longer needed. This media may be shredded immediately or temporarily stored in a highly secured, locked container. The media may be shredded at a location other than the Vendor's facilities, however it must be transferred in a highly secured, locked container. Vendor is responsible for supervising the shredding regardless of where the shredding activity occurs and by whom the shredding is performed. Confidential Information in this media must be completely destroyed by shredding such that the results are not readable or useable for any purpose.

ELECTRONIC MEDIA

Electronic media includes, but is not limited to, disk drives, diskettes, tapes, universal serial bus (USB) and other media that is used for electronic recording and storage. This media is to be wiped or degaussed using a Handyman Tewang Corp DBA Construction Gallery USA approved wipe or degaussing tool. Wiping uses a program that repeatedly writes data to the media and thereby destroys the original content. Degaussing produces an electronic field that electronically eliminates the original data and clears the media. These techniques must meet Handyman Tewang Corp DBA Construction Gallery USA standards and baselines. The resulting media must be free from any machine or computer content readable for any purpose.

CERTIFICATION

These processes must be documented as a procedure by Vendor and should outline the techniques and methods to be used. The procedure must also indicate when and where Confidential Information is to be destroyed. Vendor shall keep records of all Confidential Information destruction completed and provide such records to Handyman Tewang Corp DBA Construction Gallery USA upon demand.



termination of the Business Purpose, for any reason or at the written request of Handyman Tewang Corp DBA Construction Gallery USA or its clients during the term of the Business Purpose, Vendor shall promptly return to Handyman Tewang Corp DBA Construction Gallery USA or destroy according to the Information Destruction Requirements described in EXHIBIT A of this Agreement, at Handyman Tewang Corp DBA Construction Gallery USA election, all Handyman Tewang Corp DBA Construction Gallery USA Confidential Information in the possession of Vendor or Vendor's Subcontractors, subject to and in accordance with the terms and provisions in this Agreement.

3. To the extent legally permitted, Recipient shall notify Discloser of any actual or threatened requirement of law to disclose Confidential Information promptly upon receiving actual knowledge thereof and shall cooperate with Discloser's reasonable, lawful efforts to resist, limit or delay disclosure.

4. Vendor shall not remove or download from Handyman Tewang Corp DBA Construction Gallery USA premises or systems, the original or any reproduction of any notes, memoranda, files, records, or other documents, whether in tangible or electronic form, containing Confidential Information or any document prepared by or on behalf of Vendor that contains or is based on Confidential Information, without the prior consent of an authorized representative of Construction Gallery USA. Any document or media provided by an authorized Handyman Tewang Corp DBA Construction Gallery USA representative or notes taken to document discussions with Handyman Tewang Corp DBA Construction Gallery USA representatives pertaining to the Business Purpose hereunder will be deemed to fall outside the consent requirement unless otherwise stated by the Handyman Tewang Corp DBA Construction Gallery USA representative.

5. With the exception of Associate Information, Customer Information and Consumer Information, the obligations of confidentiality in this Agreement shall not apply to any information that (i) Recipient rightfully has in its possession when disclosed to it, free of obligation to Discloser to maintain its confidentiality; (ii) Recipient independently develops without access to Discloser's Confidential Information; (iii) is or becomes known to the public other than by breach of this Agreement or (iv) is rightfully received by Recipient from a third party without the obligation of confidentiality. Any combination of Confidential Information disclosed with the information not so classified shall not be deemed to be within one of the foregoing exclusions merely because individual portions of such combination are free of any confidentiality obligation or are separately known in the public domain.

6. Neither party shall issue any media releases, public announcements and public disclosures, relating to this Agreement or use the name or logo of the other Party, including, without limitation, in promotional or marketing material or on a list of customers, provided that nothing in this paragraph shall restrict any disclosure required by legal, accounting or regulatory requirements beyond the reasonable control of the releasing Party.

7. Handyman Tewang Corp DBA Construction Gallery USA may disclose Confidential Information of Vendor to its clients or to independent contractors for the purpose of further handling, processing, modifying and adapting the services or goods provided under the Business Purpose for use by or for Construction Gallery USA, provided that such clients or independent contractors have agreed to observe in substance the obligations of Handyman Tewang Corp DBA Construction Gallery USA set forth in this Agreement.

8. Vendor acknowledges that clients of Handyman Tewang Corp DBA Construction Gallery USA may be required to comply with the information security standards required by the Gramm-Leach-Bliley Act (15 U.S.C. 6801, 6805(b)(1)), and the regulations issued thereunder (12 C.F.R. Part 40), the Fair and Accurate Credit Transactions Act (15 U.S.C. 1681, 1681w) and the regulations issued thereunder (12 C.F..R. Parts 30 and 41) and with other statutory, legal and regulatory requirements (collectively, "Privacy Laws"). If applicable, Vendor shall make commercial best efforts to assist Handyman Tewang Corp DBA Construction Gallery USA clients to so comply and shall comply and conform with applicable Privacy Laws, as amended from time to time, and with the Handyman Tewang Corp DBA Construction Gallery USA policies for information protection as modified by Handyman Tewang Corp DBA Construction Gallery USA from time to time. 9. The restrictions and obligations of this Agreement shall survive any expiration, termination or cancellation of this Agreement and shall continue to bind Vendor, it successors and assigns.

CONFIDENTIALITY AND INFORMATION PROTECTION

TERMS AND CONDITIONS

1. The term "Confidential Information" shall mean this Agreement and any other Agreement executed in furtherance of the Business Purpose and all data, trade secrets, business information and other information of any kind whatsoever that a Party ("Discloser") discloses, in writing, orally, visually or in any other medium, to the other Party ("Recipient") or to which Recipient obtains access and that relates to Discloser or in the case of Vendor, to Handyman Tewang Corp DBA Construction Gallery USA or its Representatives, customers, third party vendors or licensors.

A. Confidential Information shall include any Associate Information, defined as any non-public information about a representative of Construction Gallery USA, its clients, or third-party vendors, whether in paper, electronic, or other form that is maintained by Construction Gallery USA, its clients, or third-party vendors for a business purpose.

B. Confidential Information shall include any Customer Information, defined as any record containing information about a Customer of Handyman Tewang Corp DBA Construction Gallery USA or of its clients, its usage of Handyman Tewang Corp DBA Construction Gallery USA or its clients' services, or about a Customer's accounts, whether in paper, electronic, or other form that is maintained by or on behalf of Handyman Tewang Corp DBA Construction Gallery USA or its clients for a business purpose.

C. Confidential Information shall include Consumer Information, defined as any record about an individual, whether in paper, electronic, or other form, that is a consumer report as such term is defined in the Fair Credit Reporting act (15 USC 1681 et seq.) or is derived from a consumer report and that is maintained or otherwise possessed by or on behalf of Handyman Tewang Corp DBA Construction Gallery USA or its clients for a business purpose, including any compilation of such records.

2. Vendor acknowledges that Handyman Tewang Corp DBA Construction Gallery USA provides services to clients who may have a responsibility to its customers and other consumers using their services to keep Associate Information, Customer Information and Consumer Information strictly confidential. Each of the Parties, as Recipient, hereby agrees that it will not, and will cause its representatives, consultants, affiliates and independent contractors not to disclose Confidential Information of the other Party or its clients, including Associate Information, Customer Information and Consumer Information, during or after the Term of any Agreement regarding the Business Purpose, or after the effective date of this Agreement, other than on a "need to know" basis and then only to: (a) affiliates of Construction Gallery USA; (b) Recipient's employees or officers; (c) affiliates of recipient, its independent contractors at any level, agents and consultants, provided that such persons are subject to a written confidentiality agreement that shall be no less restrictive than the provisions of this Agreement; (d) pursuant to the exceptions set forth in 15 USC 6802(e) and accompanying regulations, which disclosures are made in the ordinary course of business and (e) as required by law or as otherwise expressly permitted by this Agreement. Recipient shall not use or disclose Confidential Information of the other Party for any purpose other than to carry out the Business Purpose. Recipient shall treat Confidential Information of the other Party with no less care than it employs for its own Confidential Information of a similar nature that it does not wish to disclose, publish or disseminate, but not less than a reasonable level of care. Upon expiration or local arbitration rules of Judicate West or JAMS End Dispute located therein. Additionally, before any claim or dispute is brought to Arbitration, YOU agree to participate in mediation conducted by a mediator selected from the available mediator panels of Judicate West or JAMS End Dispute in Orange County, CA. The cost of mediation or arbitration is to be shared equally by the parties.
This Agreement is the complete agreement of the parties concerning the subject matter herein and supersedes any prior such agreements, may not be amended or in any manner modified except by a written instrument signed by authorized representatives of both parties, and shall be governed and construed in accordance with the laws of California without regard to its choice of law provisions.

CONTRACTOR SERVICES AGREEMENT

1. TERM

This Agreement is effective as of the date first designated above. This Agreement shall continue in force until either party cancels this Agreement upon 30 days prior written notice by either party or upon termination for cause at Handyman Tewang Corp DBA Construction Gallery USA election.

2.SERVICES

YOU shall supply to Handyman Tewang Corp DBA Construction Gallery USA such services as are usually provided by YOU in the regular course of business as requested by Handyman Tewang Corp DBA Construction Gallery USA in the form of authorized work orders or approved bids. ONLY such work orders or bids that are authorized or approved by Handyman Tewang Corp DBA Construction Gallery USA may secure services from YOU. All other services are NOT REQUESTED NOR AUTHORIZED.

3.USE OF EMPLOYEES OR SUBCONTRACTORS

YOU shall furnish duly-qualified persons to provide the services under this Agreement, which persons shall at all times be either YOUR employees or subcontractors, but NEVER employees of Construction Gallery USA.

YOU shall be responsible for the performance or nonperformance of YOUR employees or subcontractors as if such performance or nonperformance was YOURS. If YOU choose to use subcontractors to perform services under this agreement, YOU agree to require as a condition of their engagement, a subcontractor agreement with substantially the same provisions as those included in this Agreement.

Employees or subcontractors engaged by YOU to provide services under this Agreement are held to a higher standard of conduct and scrutiny than in other industries or business enterprises. YOU agree that YOUR employees or subcontractors providing services under this agreement shall possess appropriate character, disposition, and honesty. YOU shall be responsible for maintaining comprehensive hiring policies and procedures for YOUR direct employees which shall include, at the least, a background check for criminal convictions, verification of employment and education, and if requested by Construction Gallery USA, drug testing, all to the extent permitted by law. To be considered comprehensive, background checks for criminal convictions shall include every county or municipality in which YOUR employees have lived, worked, or went to school during the past seven years. YOU also represent that through YOUR hiring policies and procedures including background checks, YOU endeavor to hire the best candidates with appropriate character, disposition, and honesty.

YOU shall be responsible for paying all of YOUR employees or subcontractors that YOU hire to complete work orders under this agreement. Should Handyman Tewang Corp DBA Construction Gallery USA adjust payment on an authorized work order or approved bid, it is still YOUR sole responsibility to pay YOUR employees and subcontractors. Handyman Tewang Corp DBA Construction Gallery USA will NOT ADDRESS deficiency of payment with any of YOUR employees or subcontractors. Any claim for payment made by YOUR employee or subcontractor must be appropriately and expediently addressed by YOU, and under no circumstances should YOUR employees or subcontractors contact Handyman Tewang Corp DBA Construction Gallery USA or Handyman Tewang Corp DBA Construction Gallery USA clients regarding payment.

If Handyman Tewang Corp DBA Construction Gallery USA is contacted by YOUR employee or subcontractor regarding a payment deficiency on a work order that Handyman Tewang Corp DBA Construction Gallery USA has already paid YOU for, Handyman Tewang Corp DBA Construction Gallery USA may, with 24 hours notice to YOU, disclose payment details to YOUR employee or subcontractor, disclose such information to YOUR employee or subcontractor about YOU that would expedite claims against YOU, delay or withhold future work orders to YOU, back charge YOU for amounts paid to YOUR subcontractor and/or hold YOU in breach of this Agreement.

4.PRINCIPALS, DIRECTORS, OR OFFICERS

Directors, and/or Officers shall submit to comprehensive criminal background investigations and/or drug testing to the extent permitted by law, at the request of Handyman Tewang Corp DBA Construction Gallery USA as a condition to receiving work under this Agreement. Such comprehensive criminal background investigations may include criminal records checks in every county or municipality in which YOUR Principals, Directors, and/or Officers have lived, worked, or went to school during the past seven years.

5. INDEPENDENT CONTRACTOR RELATIONSHIP

The parties intend that this Agreement create an independent contractor relationship between them. Handyman Tewang Corp DBA Construction Gallery USA is interested only in the results achieved by YOUR services. The manner of legally achieving those results is YOUR sole responsibility. YOU are NOT an agent or employee of Handyman Tewang Corp DBA Construction Gallery USA for any purpose. Handyman Tewang Corp DBA Construction Gallery USA is NOT responsible for deducting, and shall NOT deduct, from payments to YOU any amounts for withholding tax, FICA, insurance or other similar items for or on YOUR, YOUR employees or YOUR subcontractors behalf. YOU shall be solely responsible for deducting and paying such items. Neither YOU or YOUR employees or subcontractors shall be eligible or entitled to any of the benefits to which employees of Handyman Tewang Corp DBA Construction Gallery USA may be entitled to, such as worker's compensation, unemployment compensation, insurance, paid vacations, paid holidays, pension, profit sharing, Social Security, and other benefits that may be available.

6. PAYMENT

Handyman Tewang Corp DBA Construction Gallery USA shall pay YOU for the services provided from time to time under this Agreement ONLY to the extent that such amount is supported by an authorized work order or approved bid for that amount. Services performed under an authorized work order are subject to Construction Gallery USA'S pricing guidelines at the time the work order is authorized. Handyman Tewang Corp DBA Construction Gallery USA pricing guidelines are subject to change from time to time without notice.

YOU shall submit to Handyman Tewang Corp DBA Construction Gallery USA invoices for YOUR services under this Agreement from time to time, but Handyman Tewang Corp DBA Construction Gallery USA shall not be required to pay YOU for your services more often than once a week. All invoices submitted for payment must be included with the associated work order or bid approval, photographs, and any other documents pertaining to the work order.

Handyman Tewang Corp DBA Construction Gallery USA shall NOT be liable to YOU for overtime work (work by any one person in excess of forty hours in one week) and Handyman Tewang Corp DBA Construction Gallery USA shall not be liable to YOU for per diem expenses of persons performing the services unless Handyman Tewang Corp DBA Construction Gallery USA expressly agrees in writing to pay per diem expenses, and such agreement, if any, shall be limited and shall not be viewed as a continuing assent to pay per diem expenses.

7.PHOTOGRAPHS SUPPORTING WORK

All services under this Agreement must be accompanied by photographs which depict or support YOUR contention that the services were completed satisfactorily by YOU or YOUR employees or subcontractors. The quantity, quality, and composure of photographs shall adhere to Handyman Tewang Corp DBA Construction Gallery USA guidelines as may be disseminated from time to time and subject to change without notice, but at ALL times must be sufficient to allow Handyman Tewang Corp DBA Construction Gallery USA to verify that A) that services were specifically and currently necessary and justified in that instance, B) that the services were rendered by YOU or YOUR employees or subcontractors, and C) the services were rendered to Construction Gallery USA'S good faith satisfaction.Photographs must be RECEIVED by Handyman Tewang Corp DBA Construction Gallery USA by the due date stated on the authorized work order. It is YOUR responsibility to ensure that the photos are RECEIVED by Handyman Tewang Corp DBA Construction Gallery USA on or before this due date.

FAILURE TO SUBMIT PHOTOGRAPHS ON OR BEFORE THE DUE DATE, THE SUBMISSION OF PHOTOS WHICH DO NOT ADHERE TO Handyman Tewang Corp DBA Construction Gallery USA GUIDELINES, OR THE SUBMISSION OF PHOTOS THAT DO NOT MEET THE REQUIREMENTS AS STATED ABOVE WILL RESULT IN FORFEITURE OF PAYMENT.

8.DUTY TO REPORT CONDITIONS NEEDING REPAIR

In many instances, YOUR services under this Agreement are the ONLY contact that Handyman Tewang Corp DBA Construction Gallery USA will have with a subject property. As such, YOU MUST submit bids for or OTHERWISE DOCUMENT and notify Handyman Tewang Corp DBA Construction Gallery USA of conditions at a subject property that require, now or in the future, repairs or improvements to prevent further damage to the subject property or a dangerous condition. If it is determined that you were aware of or reasonably SHOULD HAVE BEEN aware of a condition requiring repairs, and you fail to submit a bid or otherwise document and notify Handyman Tewang Corp DBA Construction Gallery USA of those conditions, you will be liable for all damages, including consequential damages, that may result.

YOU may be required to return to the same subject property more than once when rendering YOUR services under this Agreement. YOUR duty to report conditions needing repair under this Agreement applies to both your initial visit and ALL SUBSEQUENT VISITS.

9.SUB-STANDARD WORK

Any service rendered by YOU under this agreement that is deemed by Handyman Tewang Corp DBA Construction Gallery USA in good faith as failing to adhere to prevailing nationwide industry practices shall be deemed sub-standard. Handyman Tewang Corp DBA Construction Gallery USA may, at its discretion, refuse to pay for sub-standard services under this Agreement and, if payment has already been made, charge back to YOUR account the amount paid for the sub-standard services. YOU may also be required by Handyman Tewang Corp DBA Construction Gallery USA to pay for damages that result from your sub-standard work, and agree to make any such payment within 14 days of Construction Gallery USA'S demands.

10.PAYMENT RESOLUTION

YOU agree to exhaust all remedies under this Agreement before filing, or causing to be filed, any suit, claim, or judgment against Construction Gallery USA, its employees, vendors, clients, or properties covered under this Agreement. All payment discrepancies, including invoice reductions or adjustments, must be disputed within 30 days of the invoice date or job completion, whichever occurs earlier. YOU may initiate a dispute by contacting the Handyman Tewang Corp DBA Construction Gallery USA coordinator for YOUR State. At YOUR request, the coordinator will provide to YOU via email a schedule of pending invoices to be paid, whether each to be paid in full or reduced or adjusted, and will provide supplemental notation for those invoices to be reduced or adjusted. YOU will have up to 48 hours to specify which invoices YOU wish to dispute, and to submit PHOTOGRAPHS OR OTHER DOCUMENTATION to support YOUR dispute. DISPUTES NOT ACCOMPANIED BY ADDITIONAL SUPPORTING EVIDENCE WILL NOT BE CONSIDERED. IF THE DISPUTE IS NOT MADE WITHIN 48 HOURS OF A BILLING SUMMARY PROVIDED UNDER THIS SECTION, YOU ARE AGREEING THAT THE ADJUSTED OR REDUCED INVOICES ARE CORRECT AND SHALL BE PAID ACCORDINGLY. If additional evidence is submitted, Handyman Tewang Corp DBA Construction Gallery USA will perform a second review of the invoice reductions or adjustment, and the outcome of this final review shall constitute the agreed upon final invoice amount.
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