This Service Agreement (the “Agreement”) dated the ______ of _____________________, 20____ is between_____________________________________, herein referred to as “Customer” and Cory Marqusee, herein referred to as “Service Provider”.
Service provider has agreed to provide services to the Customer on the terms and conditions set forth in this Agreement, while Customer is of the opinion that Service Provider has the proper and necessary qualifications, experience and abilities to provide services to the Customer.
Therefore in consideration of the matters described above, the receipt and sufficiency of which consideration is hereby acknowledged, the Customer and the Service Provider agree as follows:
The Service Provider is to provide the Customer with the following services (the “Services”) and will include any other tasks which the Customer and the Service Provider may agree on:
This Agreement will begin on ________________________________________________ and will remain in full force and effect until the completion of the Services. This Agreement may be extended by mutual written agreement of the parties.
The Service Provider and the Customer may terminate the Agreement immediately by giving written notice to the other if a voluntary arrangement is approved.
The Customer will provide compensation to the Service Provider of $_____________ per hour for the services rendered by the Service Provider as required by this Agreement. Compensation is payable at the completion of services.
The Service Provider is acting as an independent contractor in providing the Services under this Agreement, not as an employee. The parties agree that this Amendment does not create a joint venture or a partnership between them.
Any modifications or amendments to this Agreement will be binding if evidenced in writing signed by each Party.
All notices or demands required or permitted by the terms of this Agreement will be given in writing and delivered to the parties.
No extension or variation of this Agreement will operate as a waiver of this provision. Time is of the essence in this Agreement.
This Agreement contains the entire agreement and understanding by and between the Customer and the Service Provider and no representations, promises, agreements or understandings, written or oral, not herein contained shall be of any force or effect.
The Agreement and the performance under this Agreement and all suits and special proceedings under this Agreement, be construed in accordance with and governed by the laws of the State of California.
The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any one or more of the provisions hereof shall not affect the validity and enforceability of the other provision hereof.
Subject to the limitations upon its liabilities set out in this Clause 12, the Service Provider warrants to the Customer that the Service Provider will perform the Services with reasonable care and skill. However, the Service Provider makes no warranties, express or implied, as to whether any given issue can be resolved within a certain timeframe, or resolved at all. The Service Provider will not be liable to the Customer by way of representation (unless fraudulent), common law duty or under any express or implied term of the Agreement for any:
12.1. data or information corruption or loss, howsoever caused, it being the Customer’s responsibility to keep adequate back-up copies of data and programs held or used by the Customer or on its behalf. Should any such data loss occur, we will make reasonable efforts to recovered secured data only, but not for rekeying of data lost which has not been secured on restorable tape or disk. If a third party specialist data recovery services are required, then it is the Customer’s responsibility to cover the cost for this.
12.2. indirect, special or consequential loss or damage or loss of profits or business (whether actual or anticipated, or caused by our negligence or that of our employees agents or otherwise) arising in connection with the Services provided.
12.3. loss of use, loss of production, loss of opportunities, loss of revenue, loss of capital, loss of contracts, costs of replacement, loss due to business interruption, loss of reputation, loss of goodwill, loss of interest, loss of power, loss from any third party contracts or contractual claims from third parties; or
12.4. incidental, special or consequential losses or damages arising from or in connection with the Services or other indirect or consequential loss or damage whatsoever.
The Service Provider will always aim to return the affected software or operating system to an acceptable operational state, however depending on the nature of the problem this many not be possible or may require changes to the software by the manufacturer.