HAR Easy Payment Solutions Powered by Custom Fin

by | Dec 18, 2021 | Samples legal papers

HAR EASY PAYMENT SOLUTIONS POWERED BY CUSTOM FINANCING SOLUTIONS SERVICE AGREEMENT

This Service Agreement (the “Agreement”) is made effective as of this _____ day of _______________, 2021 (the “Effective Date”), by and between:

Custom Financing Solutions, of 3301 NW 2nd Avenue, Suite 200, Boca Raton, Florida 33431 (Custom Fin)

-AND-

Buyer of Access to Financial Platform, of Insert Address, City, State and Zip Code (the “Buyer)

The Parties agree as follows:

Services Provided

  • Custom Fin will provide to the Buyer access to the Financial Platform.

 

Compensation

  • Buyer agrees to pay Custom Fin as follows:
  • 0-15% Lender Fee; and
  • Processing Fee of 5% per funded loan
  1. Payment can be made in cash or by check.
  2. If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at ___% per year, or the maximum percentage allowed under applicable laws, whichever is less. Buyer shall pay costs of collection, including without limitation, reasonable attorney fees.
  3. In addition to any other right or remedy provided by law, if Buyer fails to pay for the Services when due, Custom Fin has the option to treat such failure to pay as a material breach of this Agreement, and may cancel this Agreement and/or seek legal remedies.

 

Warranties

  • Custom Fin shall provide its Services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the Services which meet generally acceptable standards in Custom Fin’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Custom Fin on similar projects.

Term

  • This Agreement will begin on the Effective Date and will terminate automatically upon completion by Custom Fin of the Services required by this Agreement, or as agreed by the parties.

Default

  • The occurrence of any of the following shall constitute a material default under this Agreement:
  • The failure to make required payment when due;
  • The insolvency or bankruptcy of either Party; or
  • The failure to make available or deliver the Services in the time and manner provided for in this Agreement.

 

Remedies on Default

  • In addition to any and all other rights a party may have available according to law, if a party defaults by substantially failing to perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate this Agreement 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 ___ 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 Agreement.

 

Force Majeure

  • If performance of this Agreement or any obligation under this Agreement 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 reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

 

Hold Harmless

  1. Buyer shall hold harmless, defend and indemnify Custom Fin from any and all claims, actions, suits, charges and judgments whatsoever that arise out of Custom Fin’s performance or non-performance of the Services in this Agreement.

 

Dispute Resolution

  1. The Parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the Parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure:
  2. Any controversies or disputes arising out of or related to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, the Parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.

 

Confidentiality

  1. Custom Fin, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Custom Fin, or divulge, disclose, or communicate in any manner, any information that is proprietary to Buyer. Custom Fin and its employees, agents, or representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement.

 

Notice

  1. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one Party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.

 

Entire Agreement

  1. This Agreement contains the entire agreement of the Parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the Parties.

 

Amendment

  1. This Agreement may be modified or amended if the amendment is made in writing and signed by both Parties.

 

Severability

  1. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is valid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

 

Exclusion of Liability

  1. Except for the Parties’ indemnification obligations provided for herein and except in the case of a Party’s willful misconduct, gross negligence or bad faith breach hereunder, neither Party nor any of its affiliates will be liable (whether in contract, warranty, tort, or otherwise) to the other Party or any other person for damages for any indirect, incidental, or consequential damages arising out of or relating to this Agreement.

 

Waiver of Contractual Right

  1. The failure of either Party to enforce any provision of this Agreement 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 Agreement.

 

Applicable Law

  1. This Agreement shall be governed by the laws of the State of Florida.

 

Signatories

  1. This Agreement shall be signed on be half of Buyer by ____________________ and on behalf of Custom Fin by ____________________ and effective as of the date first above written.

 

Buyer of Access to Financial Platform

____________________ Date: 

Full Name of Signatory

Title of Signatory

 

Custom Financing Solutions

____________________ Date:

Full Name of Signatory

Title of Signatory

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