Independent Contractor Services Agreement (ICSA)

This Independent Contractor Services Agreement (the “Agreement”) is entered into and made effective as of the date of digital execution (the “Effective Date”), by and between:

1. Gifton, a private digital agency operating in Pakistan (hereinafter referred to as the “Company”). 2. The Service Provider, whose legal name, CNIC number, and residential address are captured dynamically upon digital execution of this document (hereinafter referred to as the “Contractor”).

1. Nature of Engagement

  • 1.1 Independent Contractor Status: The Contractor explicitly acknowledges and agrees that their relationship with the Company is strictly that of an Independent Contractor under the Contract Act, 1872 of Pakistan. Nothing contained in this Agreement shall be construed to create a partnership, joint venture, agency, or employer-employee relationship.
  • 1.2 Waiver of Employee Benefits: The Contractor is not an employee of the Company and is strictly not entitled to any benefits, privileges, or protections mandated under Pakistani Labor Laws, including but not limited to:
    • Gratuity, Provident Fund, or Workers’ Profit Participation Fund (WPPF).
    • Employees’ Old-Age Benefits Institution (EOBI) registration or contributions.
    • Social Security (PESSI) coverage.
    • Overtime pay, paid annual leaves, or statutory severance pay.
  • 1.3 Tax Liabilities: The Contractor bears sole responsibility for declaring and paying all applicable local, provincial, and federal taxes (including income tax under the Income Tax Ordinance, 2001) arising from payments made by the Company under this Agreement. The Company will deduct withholding tax only where strictly required by Federal Board of Revenue (FBR) regulations.

2. Scope of Services & Universal Remote Deliverables

  • 2.1 Task Execution: The Contractor agrees to provide remote digital operations, project execution, data management, technical development, administrative support, or any assigned divisional workflows (the “Services”), as assigned by the Company through its internal portals.
  • 2.2 Method of Work: As a remote service provider, the Contractor retains autonomy over the specific hours worked, provided that all assigned tasks, projects, or scheduled operational windows are completed accurately, timely, and according to the Company’s operational quality guidelines.

3. Fees, Payment, and Financial Trail

  • 3.1 Service Fee / Stipend: The Company shall pay the Contractor a project-based service fee or stipend, calculated dynamically based on completed milestones, active shift fulfillments, or task volumes as recorded by the Company’s internal portal metrics.
  • 3.2 Banking Requirement: All payments will be processed strictly via corporate bank transfer to a Pakistani bank account registered under the exact legal name and CNIC provided by the Contractor. No payments will be routed through unverified third-party financial services or anonymous channels, establishing a transparent legal paper trail of cleared dues.

4. Indemnification & Waiver against Malicious Lawsuits

  • 4.1 Hold Harmless: The Contractor agrees to indemnify, defend, and hold harmless the Company, its owners, and its affiliates from any and all claims, losses, liabilities, damages, or costs (including legal fees) arising from the Contractor’s negligence, willful misconduct, or breach of this Agreement.
  • 4.2 Waiver of Labor Claims: The Contractor explicitly waives any right to file a claim or lawsuit against the Company in any local Provincial Labor Court, National Industrial Relations Commission (NIRC), or Payment of Wages Authority, on the grounds of misclassified employment, wrongful termination, or permanent employment status. Any attempt to do so for the purpose of financial extortion or blackmail shall be considered a material breach of contract, rendering this Agreement instantly voidable at the Company’s discretion.

5. Term, Notice Period, and Right to Terminate

  • 5.1 Term: This Agreement shall commence on the Effective Date and shall remain in effect on a project-to-project or batch-by-batch basis unless terminated as provided herein.
  • 5.2 Termination for Convenience: Either party may terminate this Agreement at any time by giving a mandatory 15-day written notice via email or official workspace channels.
  • 5.3 Immediate Termination for Cause: The Company reserves the right to terminate this Agreement instantly, without notice and without payment of any pending accrued fees, if the Contractor engages in data theft, cyber-harassment, system manipulation, or unauthorized abandonment of live, uncompleted projects.

6. Governing Law and Exclusive Jurisdiction

  • 6.1 Governing Law: This Agreement shall be governed by, intWork Portalreted, and enforced strictly in accordance with the federal and provincial laws of the Islamic Republic of Pakistan.
  • 6.2 Exclusive Venue: In the event of any contractual dispute, misunderstanding, or legal intWork Portalretation issue, both parties explicitly agree to submit to private arbitration. If legal recourse is sought, exclusive jurisdiction shall rest strictly within the civil courts of the Company’s designated home district (Gujranwala, Punjab, Pakistan). The Contractor explicitly waives the right to initiate legal proceedings in any other district or province.

7. Digital Acceptance and Execution

By clicking “I Accept,” checking the digital confirmation box, or electronically signing this document, the Contractor certifies that they:

  1. Have read, understood, and entirely agree to all terms outlined in this Independent Contractor Services Agreement.
  2. Explicitly accept that they are providing services as an independent contractor and not a permanent employee.
  3. Consented to the verification of their CNIC, utility bill data, and personal records for security validation.