This Contract for Services (“Contract” or “Agreement”) is made effective as of the date of signature, by and between (the “Company”) a Texas registered limited liability company, and the , identified in the signature portion below, and referred to collectively as the “Parties”.
WHEREAS, The Company is engaged in the business of providing services relating to ; and
WHEREAS, the Client is interested in availing such services of the Company.
IN FURTHERANCE TO THE ABOVE, the Client hereby agrees to and does hereby engage the services of The Company, and the Company hereby accepts the engagement to .
I.DESCRIPTION OF SERVICES.
Beginning on the Start Date outlined in Section III below, the Company will provide to the Client the following services(collectively, the "Services”):
The Client shall pay the Company the rate of for the total time that the Company renders Services. Refunds will not be considered.
This Contract will begin on (“Start Date”) and will automatically terminate at the completion of the Services. In the event that the Client decides to terminate this agreement sooner, the Client must provide the Company written notice within 72-hours.
The Company shall provide the agreed to Services and meet the obligations under this Contract in a timely and workmanlike manner, using knowledge and industry-approved recommendations for performing the services which meet generally acceptable standards in the Company's community and industry and will provide a standard of care equal to, or superior to, care used by industry professionals similar to the Company for similar Services.
THE CLIENT AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY FROM ALL CLAIMS, LOSSES, EXPENSES, FEES INCLUDING ATTORNEY FEES, COSTS, AND JUDGMENTS THAT MAY BE ASSERTED AGAINST THE COMPANY THAT RESULT FROM THE ACTS OR OMISSIONS OF THE CLIENT, THE CLIENT'S EMPLOYEES, IF ANY, AND THE CLIENT'S AGENTS.
The occurrence of any of the following shall constitute a material default under this Contract:
i. The failure to make a required payment when due.
ii. The insolvency or bankruptcy of either party.
iii The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
iv.The failure to make available or deliver the Services in the time and manner provided for in this Contract.
In addition to any and all other rights, a party may have available according to law, if a party defaults by failing to substantially perform any provision, term, or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have five days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
If the performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
The parties will attempt to resolve any dispute arising out of or relating to this Contract through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Contract will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the Parties.
If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
This Contract may be modified or amended in if the writing is signed by both Parties.
This Contract shall be construed in accordance with the laws of the State of Texas.
Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by email, certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
XV.WAIVER OF CONTRACTUAL RIGHT.
The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
The Parties agree that by signing this Contract they agree to abide by the terms listed above. The Parties further warrant that they have authority to bind themselves to this Agreement.