OPERATING AGREEMENT
This Agreement is made this day of 2021
BETWEEN
MARKET STRIKES operating under TEK PREMIER LLC hereinafter referred to as “Company” which expression shall where the context so admits include its personal representatives and assigns on the first part; AND
hereinafter referred to as “Client” which expression shall where the context so admits includes its personal representatives and assigns of the other part.
WHEREAS:
All the parties herein agree that this agreement is enforceable under any circumstance and by executing the same they have decided to abide by the terms and conditions herein.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this agreement, the receipt and sufficiency of which consideration is hereby acknowledged, all parties agree as follows:
1. SERVICE
1.1 The Client is desirous of receiving services from the Company as listed on its website, https://www.marketstrikes.com/services/.
1.2 Company offers an array of services as listed on its website. In addition to that the Client has agreed to retain the services of the Company.
2. TERM
The term of this Agreement shall commence as of the Effective Date and shall continue thereafter, unless sooner terminated in accordance with the terms of this Agreement (the “Term”).
3. LATE PAYMENT
In consideration of the services provided by the Company, the Client shall pay promptly for the package requested. Prompt payment consists of payment by the last day of the month. Any late payment will attract a penalty of 3% fee of the total invoice payment after the 3rd day of the following month and subsequently the service will be terminated on the 7th day of the following month if the Client fails to pay promptly and fully.
4. RELEASE OF LIABILITY
Both parties herein agree that there may be potential risks involved with the services involved. The Client shall assume all risks, known and unknown, in any way connected with this operating agreement. In addition to that the Client accepts its own responsibility for any liability, injury, loss or damage in any way connected to the services offered by the Company.
5. CONFIDENTIALITY
The Company agrees to retain in confidence at all times and to require its employees, consultants, professional representatives and agents to retain in confidence all information disclosed by the Client. The Company shall only use the client’s information solely for the purpose of performing obligations under this Agreement, and only disclose the Confidential Information on a need-to-know basis. The Client shall take all necessary precautions in handling the Confidential Information of the other party and limit disclosures on a strict need-to-know basis. Further, the Client may disclose information to the extent ordered to be disclosed by subpoena, other legal process or requirement of law, after first giving the disclosing Party a reasonable opportunity to contest such disclosure requirement.
6. INDEMNIFICATION
The Client herein shall defend, indemnify and hold harmless the Company from and against all claims, demands, suits, actions, expenses, judgments, obligations, damages, charges, losses and liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including without limitation the fees and expenses for attorneys, expert witnesses and consultants) that may be imposed upon, incurred by or asserted against arising out of or resulting from this operating agreement.
7. GOVERNING LAW
This operating agreement shall be construed in accordance with the laws of the state of Arizona, without reference to its conflict of law provisions, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.
8. NO GUARANTEE
The parties hereto acknowledge and agree that the Company cannot guarantee the results or effectiveness of any of the services to be performed by the Company due to many variables such as business, fluctuating economy etc. Rather, the Company shall conduct its operations and provide its services in a professional manner and in accordance with good industry practice and all federal, state and local laws.
9. LIMITATION OF LIABILITY
Company shall not be liable to the Client for exemplary, punitive, special, incidental, indirect or consequential damages including without limitation, interruption of business, lost profits, lost or corrupted data or content, lost revenue arising out of this operating agreement (including without limitation the service, the use of the service or the inability to use service), even if the party has been advised of the possibility of such damages.
10. SUBSCRIPTION
Unless otherwise provided; (a) services and content are purchased as subscriptions, (b) subscriptions may be added during a subscription term at the same pricing as the underlying subscription pricing, prorated for the portion of that subscription term remaining at the time the subscription are added, and (c) any added subscriptions will terminate on the same date as the underlying subscriptions.
11. FORCE MAJEURE
Company will be liable to the other for any failure or delay in the performance in such party’s non-monetary obligations due to causes beyond its control, such as failure or delay caused, directly or indirectly, by fire, flood, earthquakes other elements of nature, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, epidemics, communications line or power failures or governmental laws, court orders and regulations imposed after the fact.
12. MISCELLANEOUS
10.1 This operating agreement may only be amended, modified or supplemented by an operating agreement in writing signed by each party. Any of the terms hereof may be waived only by a written document signed by the party waiving compliance with the term.
10.2 If any term or provision of this operating agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this operating agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
IN WITNESS WHEREOF this operating agreement has been duly executed by the parties hereto the day and year first herein before written.
SIGNED BY COMPANY
PRINT NAME: TEK PREMIER LLC
REPRESENTATIVE:
SIGNATURE:
DATE:
SIGNED BY CLIENT
PRINT NAME:
SIGNATURE:
DATE:
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