Moreover, Contractor shall be fully responsible for work done by its subcontractors within the scope of the applicable Statement of Work as it is for work done by its own employees. Although it seems simple enough, if you forget to include an explicit provision defining the effective term of the contract, you could find yourself in a dispute on the issue. If such default is not cured within [#] days after receipt of such notice, the notifying party shall be entitled to terminate this Agreement by giving notice of such termination to take effect immediately. In the event the Project is terminated by Customer prior to completion, Contractor shall use its best efforts to conclude or transfer the Project, as directed by Customer, as expeditiously as possible. Customer reserves the right to terminate a Project in whole or in part, upon [NUMBER] days written notice to Contractor. IN WITNESS WHEREOF, by execution by the parties below, this Service-Level Agreement will form a part of the Contract. These Terms govern your use of Facebook, Messenger, and the other products, features, apps, services, technologies, and software we offer (the Facebook Products or Products), except where we expressly state that separate terms (and not these) apply. The payment term can include any necessary approvals or other steps that must be met prior to payment and should provide a process for how the contractor will invoice your business for the services. Time for Claims. Learn More About Contract Terms by Speaking to an Attorney. It should describe the relationship in such a way that it is clear that he or she is not an employee. Interest may be charged on all amounts unpaid after [NUMBER] days at the annual rate of 1-1/2 percent per month or the highest legal rate, whichever is lower. PAYMENT TERMS AND CONDITIONS. WHO IS THIS AGREEMENT WITH? This Service Contract is issued in conformance with these terms and conditions. The Service Contract includes the Declarations Page, Terms and Conditions, state specific Addendums and any other applicable Addendums. Invoices will contain a description of the Services or Deliverables provided. Any such written statement of nonconformities shall provide sufficient detail to enable Contractor to remedy the failure to conform to the Completion Criteria. NOTICES. Now, therefore, in consideration of the premises, and of the mutual promises and undertakings herein contained, the parties, intending to be legally bound, do hereby agree as follows: PandaTip: This Service Contract Template assumes a pure labor based contract with certain software involved. Note that a detailed scope of work can be attached as a separate exhibit to the contract. Whereas, Contractor and Customer desire to enter into a relationship in which Contractor will provide [DESCRIPTION OF SERVICES]. Contractor will use reasonable efforts to continue performance as practicable under the circumstances and Customer will continue to make all scheduled payments; or. The advantage of our service contracts is that they cover the most frequently replaced parts on all major brands. Specific Contract Terms to Include . Applicable Law. In the event of such changes, you may discon-tinue participation in the Contract Program. In many circumstances, the intellectual property rights at issue are complex and are the subject of an entirely separate agreement, which may be incorporated into the service agreement by attaching the IP agreement as an exhibit. Sometimes accidents and mistakes happen during the course of a contract. In the event of such delay, the date of delivery or time of completion will be extended by a period of time reasonably necessary to overcome the effect of any such delay. d. If software source code is delivered to Customer under this license, Customer agrees to keep the source code strictly confidential in accordance with Section 13 below. If Customer fails to provide a written acceptance or a written statement of nonconformities within five (5) days of initial receipt of said Deliverables or such other mutually acceptable period as defined in the applicable Statement of Work, or within five (5) days of re-delivery of said corrected Deliverables or such other mutually acceptable period, the Deliverables shall be deemed immediately accepted by Customer. Ryan's practice focuses on assisting entrepreneurs with entity formation, startup financing, securities regulation, employment issues, business transactions, intellectual property, non-profit organizations, data privacy, and governance. Note that this list is not in not in any particular order, and it is not an exhaustive list of contract terms to be included in a service contract. By compensating the business for any loss suffered as a result of a contractor’s acts, the contractor is said to “indemnify” the business. Services for your business will often be performed by an “independent contractor” as opposed to an employee of your business (see this article for a discussion on the difference between an employee and an independent contractor). A Standard Service Agreement such as those available in this subfolder provides a useful starting point for a variety of different services. Projects will be performed on a firm fixed price basis or a time and materials basis, as indicated in the applicable Statement of Work. Add images, video, pricing tables, and more. Ryan is an attorney who believes that business can be a powerful tool for social change. c. Contractor further warrants that to its knowledge the Deliverables do not infringe any intellectual property right held by a third party. On July 1, 1997, AOL posted revised terms service to take effect July 31, 1997, without formally notifying its users of the changes made, most notably a new policy which would grant third-party business partners, including a marketing firm, access to its members' telephone numbers. PAINTING SERVICES This SERVICE CONTRACT (this “Agreement” or this “Service Contract”), effective as of [DATE], is made and entered into by and between [CUSTOMER NAME], a company organized and existing in [STATE], with offices located at [ADDRESS] (hereinafter the “Customer”), and [CONTRACTOR NAME], a [STATE] company, with a registered address located at [ADDRESS] (hereinafter the “Contractor”). Contractor and Customer acknowledge that during the course of the performance of a Project, information of a confidential nature may be disclosed between the parties. All of the foregoing shall be deemed to be work made for hire, except as hereafter specified, and belong to Customer, with Customer having the sole right to obtain, hold, and renew, in its own name or for its own benefit, patents, copyrights, registrations, or other appropriate protection. PRICE. GENERAL. g. If Customer orders any commercial off-the-shelf type products, a separate licensing agreement shall be negotiated and shall become part of the applicable Statement of Work. When terms and conditions are defined, the service provider keeps the payment terms clear. 11. Other direct costs such as [DESCRIPTION OF OTHER DIRECT COSTS] are not included in the fixed price and will be invoiced at actual cost plus administrative burden. It will include what action may be taken against a user who breaks the terms and may also detail the intellect… Below is a list of ten important contract terms that should be considered in every contract for services. A good rule of thumb is to imagine being a third party (such as a judge) reading the contract without knowing anything about the parties or the situation and think about whether the responsibilities of each party would be clear based solely on the language in the contract.Of course, there are times where the responsibilities need to be open-ended as it may not yet be clear what the responsibilities of each party will be in the future, but the agreement should specify the details that are known and use terms that a court can enforce. Any additional or unscheduled Services or Deliverables to be provided by Contractor outside of the Statement of Work must be mutually agreed upon in writing signed by both parties hereto referencing this Agreement. c. Following redelivery of corrected Deliverables, a new acceptance test shall be immediately commenced by Customer. Some contracts contain a “Choice of Law” or “Prevailing Law” provision which makes clear that the laws of a certain state, county, or municipality will govern the dispute. While it's important that you understand the terms and conditions included in any contract you draft or sign onto, sometimes it takes the expertise of a legal professional to interpret contractual language into plain English. As is important with all contract terms, the more detail provided, the more clarity there will be for the parties and for a judge or other person interpreting the contract. In Witness Whereof, this Agreement is duly executed by the duly authorized representatives of the parties as set forth below: _________________________________ ______________, [NAME], [TITLE] DATE. d. Customer’s sole and exclusive remedy and Contractor’s only obligation for breach of the warranty hereunder will be, at Contractor’s option, to correct any material errors in provision of Services or to replace or repair Deliverables which do not conform to the warranty. The payment term should also specify the party that will be responsible for costs incurred in furtherance of the services. The term of Your service contract, as set forth in this Agreement, shall begin thirty (30) days following Select’s receipt of all outstanding payments and premiums due to Select are received by Select (“Effective Date”) please add an additional 5 days for credit/debit card payments. The Deliverables, if any, shall be deemed accepted by Customer upon completion of the following acceptance test: a. All similar product must be covered. One thing a Contractor will surely want, is the ability to speak of clients it has done work for. Unless otherwise agreed to in writing by the parties, Contractor will redeliver corrected Deliverables to Customer within a reasonable amount of time after receipt of such statement of nonconformities. Customer acknowledges that Contractor uses, or may develop hereunder, methods, concepts, code sequences, format, sequence structure, organization, menu command hierarchy, templates, masks, user interface, techniques, program organization, database structuring techniques, and the like (Contractor proprietary items) that are proprietary to Contractor. See section on Change Orders. a. Or, for that matter, what is the penalty if the payment is delayed. coverage, or any terms of the Contract Program at any time. Built by the Government Digital Service In no event will either party be liable for SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, including but not limited to loss of profits, revenues, data or power, damage to or loss of the use of products, damage to property, claims of third parties, including personal injury or death, suffered as a result of provision of Services or use of Deliverables. Contractors are frequently hired because of their purported expertise, credentials, and claimed abilities. These Products are provided to you by Facebook… You will become bound by these provisions once you accept these T&Cs. This Consulting Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of [State] and subject to the exclusive jurisdiction of the federal and state courts located in [County], [State].. Please refer to the contract provisions for specific details of benefits, vehicle eligibility, exclusions, conditions and limitations. Should any of the Deliverables furnished to Contractor hereunder become the subject of a claim of any infringement of a patent, trademark, copyright, or trade secret, Customer shall, at its option and expense, deliver non-infringing material, modify the material so that it becomes non-infringing, or procure for Contractor the right to continue using Customer’s infringing material. Any approval required under this Section shall not be unreasonably withheld or delayed by either party. Contractor grants Customer a perpetual, non-exclusive, paid-up license to use Contractor proprietary items subject to the following: a. Service Contract Terms & Conditions AGE, BRAND AND MODEL OF EQUIPMENT: Directly affect the coverage and contract price. Invoices shall be mailed to the following address: This free grant proposal template not only helps you put your most professional foot forward, it offers you loads of tips to make your project shine. It is agreed that these Contractor proprietary items shall remain the sole and exclusive property of Contractor. If you choose not to enforce some term in your contract at one point in time, you do not want to lose the ability to enforce that term (or other terms) in the future. Except for commercial off-the-shelf type products where the license for such products is contained in the applicable Statement of Work, Customer shall have exclusive unlimited ownership rights to all deliverables developed under this Agreement. All profit and non-profit corporations, both foreign and domestic have to file annual reports. The total liability of Contractor to Customer from any cause whatsoever, will be limited to the lesser of Customer’s actual damages or the Project price paid to Contractor for those Services and Deliverables in a Project that are the subject of Customer’s claim. Repair of damage to Deliverables caused by Customer during unpacking. Customer agrees to indemnify and hold Contractor harmless against all claims, liabilities, demands, damages, or expenses (including attorneys’ fees and expenses) arising out of or in connection with Customer’s use of the Deliverables. Contractor warrants that with respect to any Deliverable assigned by Contractor to Customer that Contractor has the right to transfer title to Customer. Visit pseg. b. Customer may use Contractor proprietary items solely in connection with the products purchased hereunder, for the purpose for which those products were originally purchased. If any invoice is not paid when due, Contractor may suspend provision of Services and/or Deliverables without liability or penalty until final resolution of the matter. Neither party will be liable to the other for the disclosure of Confidential Information if, as shown by clear and convincing evidence, the Confidential Information: (a) is generally known to the public at the time of disclosure by the disclosing party; or (b) becomes generally known to the public through no fault of the receiving party; or (c) was lawfully in the possession of the receiving party prior to signing this Agreement; or (d) is subject to applicable United States laws or a valid court order requiring disclosure of such Confidential Information. e. Except for the warranties stated in this Section, Contractor DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SERVICES AND DELIVERABLES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST NON-INFRINGEMENT. There are many variations of indemnification clauses (with varying strength) that may be used in different circumstances, but a well-drafted indemnification clause can be used to shield your business from significant costs and liabilities. The contractor also reserves the right to increase the value of the contract due to changes in design or materials by the client after execution of the contract and may result in change order fees. Invoices are due and payable within [NUMBER] days of Contractor’s invoice date. Terms and conditions THIS SERVICE PLAN IS NOT A CONTRACT OF INSURANCE. Individual terms and conditions can be negotiated and services specified in detail, while standard elements of the contract are already taken care of. Contractor may, at its option, subcontract work under a Statement of Work but Contractor’s use of subcontractors shall not affect its responsibilities under the applicable Statement of Work. This is one of the most important contract terms in the unfortunate event that a dispute arises over any alleged changes to the contract. d. ENTIRE AGREEMENT. Contractor does not warrant any third-party software development tools. Neither party will use the other party’s name or marks, refer to or identify the other party for any other reason, except as established in this section, without such other party’s written approval. d. TITLE AND SECURITY INTEREST. Such information, excluding the Deliverables and any other information incident to the Deliverables that a party could reasonably be expected to be provided to the other party as contemplated hereunder, shall be considered confidential information (“Confidential Information”). All service contracts should clearly state the term of the contract (when the contract begins and when it ends). No laws require you to have one. It effectively forms a contract between the site and the user. Customer shall defend, indemnify, and save Contractor harmless, at Customer’s own expense, against any action or suit brought for any loss, damage, expense or liability that may result by reason of an infringement of any patent, trademark, copyright, or trade secret based upon the normal and intended use of the Deliverables furnished to Contractor hereunder. Otherwise, you're unlikely to create a complete agreement. The invalidity or unenforceability, in whole or in part, of any provision in this Agreement shall not affect in any way the remainder of the provisions herein. com/terms for the latest terms and conditions. The Service cannot be resold or otherwise made available to anyone on the Premises or outside the Premises (i.e. c. “Project” means the combination of Services and Deliverables to be provided under this Agreement. The way to prevent this result from happening is to include a clause that states that your business does not waive any rights under the contract based on the fact that you did not enforce a term in a given situation. If age of equipment is misstated by more than one year or if brand, or model is misstated product will not be covered and contract will be void. If software object code is delivered, Customer will not copy or modify the software or subject the software to any process intended to create computer source code from Contractor proprietary items. iii. Customer shall pay the following fees and expenses: Travel expenses are not included in the fixed price and will be invoiced at actual cost. If this remedy is adjudged to have failed of its essential purpose, Contractor’s total liability will be to refund the price paid to Contractor by Customer for the nonconforming Deliverables. This clause requires attention to detail and will be very specific to the nature of the services to be performed. ii. b. THIS STATEMENT OF WORK (this “Statement of Work”) is entered into by and between [CUSTOMER NAME] and [CONTRACTOR NAME] pursuant to the Service Contract entered into by the parties as of [DATE]. Neither party shall be liable for failure to perform, nor be deemed to be in default, under this Agreement for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to failure of performance by the other party, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquake, riot, insurrection, civil disturbance, sabotage, embargo, blockade, acts of war, or power failure. Customer may not transfer, sell, or otherwise dispose of any Contractor proprietary items without the prior written consent of Contractor. The Statement of Work shall specify: (i) description of Services and Deliverables, (ii) schedule for Deliverables, and (iii) price and payment schedule. Feel free to use the above as a starting point to craft an acceptance test suitable for the work you are providing. The remedy provided by Contractor for breach of warranty does not include the following, which may be provided, at Contractor’s sole option, at Contractor’s then-current time and materials rates: i. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. Although the specific terms or articles required in an employment contract vary by state and by type of employment, the following terms and conditions are usually included in these types of agreements. A clause that makes clear how such a modification may occur will help resolve any later dispute about whether a subsequent discussion between the parties resulted in a change in the terms of a contract. It establishes legal rights and obligations of each party to the contract, sets out the expectations for each party, and addresses how issues that may arise will be handled. PandaTip: A detailed acceptance test is always a plus from the Contractor’s perspective since it eliminates any risk that acceptance (and therefore payment) can be delayed. In any judicial proceeding, it will be presumed that the Confidential Information in question constitutes protectable trade secrets of the disclosing party, and the receiving party shall bear the burden of proving that the Confidential Information was publicly or rightfully known or disclosed. In the event of termination of a Project as described above, Contractor shall be entitled to compensation as follows: a. The work which Contractor shall perform shall be specified in the Statement of Work–attached hereto as Attachment A–which will be written under the terms and conditions of this Agreement. Before you write the Terms & Conditions for your app or website, understand why you need it and what you hope to accomplish with it. accordance with the terms and conditions contained in this Agreement. This Agreement may be executed via facsimile in any number of counterparts, all of which taken together shall constitute one and the same agreement. Contract Terms and Conditions-Commercial Items (Oct 2018) (a) Inspection/Acceptance. The best practice is to require that any modifications be made by written agreement between the parties. A general condition is one that is common and included in most contracts. Startup Lawyers | Terms of Use | Privacy Policy, 7 Key Questions to Ask Before Hiring a Startup Lawyer. Contractor will re-assign personnel to extend Contractor’s work schedule without liability, and Customer will pay all additional costs, if any. For purposes of this Agreement, the following terms shall have the following meanings: a. PandaTip: Provide a detailed description of the work to be performed. Contractor may use Customer’s name or mark and identify Customer as a client of Contractor, on Contractor’s website and/or marketing materials. For example, the clause should include a statement that the contractor will be responsible for paying their own taxes for the compensation received under the service contract, will not be covered by unemployment or workers’ compensation insurance, will have the ability to decide the day-to-day work to be done to achieve the business’ desired results, and that the contractor is free to pursue other work that is not in conflict with the scope of the service contract. These General Terms and Conditions shall apply exclusively to repair works undertaken by ZEISS, except where other agreements have been explicitly made. For more clarification contact an SPZ Attorney. The parties agree not to copy in whole or in part, any Confidential Information nor modify the same in any way without prior written consent from the other party. Apply a document theme that matches your company brand. SPZ Attorney Ryan Shaening Pokrasso on Kruze Consulting’s Founders & Friends Podcast, Navigating Employee Leave During COVID-19 Pandemic, Terminating Employees Due to COVID-19? This is important … Special conditions are those that are specific to that contract, i.e., payment, price variation, penalties, etc. Notices to be given by either party under this Agreement shall be sent by certified mail, express overnight delivery, or telecopy to the attention of the other party at the addresses of the parties as first set forth above. If the nature of the contract is an exchange of money for services (as opposed to a contract for an exchange of services, or some other arrangement), the contract should have a clear term explaining how much the contractor will receive and when the contractor will receive the payment. A well-drafted provision stating that your business relied on the representation or warranty by the contractor as a “material inducement” to entering into the contract will provide backing to demonstrate that the failure to achieve the result is a material breach of the contract and that your business should be adequately compensated for the breach. 1.1 Except where condition 8 applies, these terms and conditions apply to every order … This Agreement, together with any other materials referenced in or expressly made a part of the Agreement, constitutes the final and entire Agreement between Contractor and Customer and supersedes all prior and contemporary agreements, oral or written. This Service Contract shall be deemed to have been made, executed and delivered in the State of [STATE] and shall be construed in accordance with the laws of the State of [STATE]. Scope of application . Billing Structure. To get the most from your coverage, we recommend you … NOW THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1. This day care contract template makes it easy for any day care provider to create and sign a digital contract with new customers. Standard Terms and Conditions of Contract for Services Cefas Standard Terms and Conditions of Contract for Services. The Model Services Contract forms a set of model terms and conditions for major services contracts that are published for use by government departments and many other public sector organisations. The Parties hereto agree that facsimile signatures shall be as effective as if originals. Unless otherwise regulated under state law, the contents under this Service Plan should be interpreted and understood within the meaning of a “service contract” in Public Law #93-637. In this situation, it is necessary to have a provision in the service contract stating that the contractor will serve as an independent contractor. Contractor specifically does not warrant the accuracy of any technical or subject matter content of the courseware or software that is based upon information or direction provided by Customer. a. e. Customer agrees to retain or reproduce on all copies of any Contractor proprietary items all copyright notices and other proprietary legends and all trademarks or service marks of Contractor or any third party. b. TAXES. Often times, businesses and organizations will have “boilerplate” terms that they pull from other contracts but will then glaze over the actual responsibilities for each of the parties. Track opens, views, and time spent on each page. Parties other than PandaDoc may provide products, services, recommendations, or views on PandaDoc’s site (“Third Party Materials”). Contractor shall perform and deliver the Project as set forth in the Statement of Work issued against and subject to the terms and conditions of this Agreement. The effective term of this Contract, and the extended warranty coverage provided for on the terms and conditions set forth herein, begins and ends on the dates specified on the certificate mailed to Customer. h. Customer grants Contractor a perpetual non-exclusive, paid-up license to use all portions of the deliverables first developed by Contractor during the performance of this Agreement, not to include content or any material provided to Contractor by Customer. But it is important to note that a “Choice of Law” provision will not be given effect in certain situations where parties cannot contract around the law of a given state for public policy reasons. Reimbursement for any non-cancelable services and commitments entered into by Contractor, in connection with the Project being terminated, provided Contractor provides Customer with documentation of completion of work or expenses incurred. c. PAYMENT SCHEDULE. All claims against Contractor must be brought within one (1) year after the cause of action arises and Customer waives any statute of limitations which might apply by operation of law or otherwise. e. COUNTERPARTS. Do you want to provide a firm date, or estimated dates to allow the Contractor more flexibility? Terms and conditions agreement is a page on a website that sets out the rights and responsibilities of anyone using the site. 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