PARTIAL REFUND AGREEMENT

SETTLEMENT /PARTIAL REFUND AGREEMENT

This Settlement/Partial Refund Agreement (“Agreement”) is entered into on [Insert date] (“Effective Date”) by and between [Insert your Name/Company Name] (“Consultant”) and [Insert Client’s Name] (“Client”), collectively referred to as the “Parties” and individually as “Party”.

RECITALS

WHEREAS, the Consultant has provided certain items and services to the Client relating to the acquisition of a MN Aged Corporation, Tradeline Package 4 and payment and Creditsafe Tradeline 60k, and, as documented in invoice number XXXX (“Invoice”);

WHEREAS, there were issues related to the delivery of certain items as mentioned above, which required additional assistance from the Consultant;

WHEREAS, the Client has requested a partial refund of $3,000 in good faith towards finding a more permanent solution and settling any disputes related to the Invoice;

WHEREAS, the Parties wish to avoid the expense and uncertainty of litigation and instead resolve this matter in a mutually agreeable manner.

NOW THEREFORE, in consideration of the mutual promises, covenants, and representations contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows:

  1. REFUND AMOUNT
  1. The Consultant acknowledges that portions of the Invoice have not been fulfilled as follows:

 

  1. Successfully provided on:
  • MN Aged Corporation acquisition with one (1) year office;
  1. Items delivered but require additional assistance:
  • Tradeline 60k; and
  • Tradeline Package 4 and payment.
  1. In consideration of resolving the dispute and in good faith, Consultant agrees to issue a partial refund in the amount of $3,000.

 

  1. The Client acknowledges that this refund consideration is only in regards to Invoice number 6132022374212 and that all other invoices have been completed in fulfillment terms, including invoice number 6132022374211, which was completely refunded.

 

  1. The Consultant also acknowledges that they actually sent the Client more in return than the $35,000 from invoice number 6132022374211.
  1. NO ADMISSION OF FAULT

The Consultant does not admit any fault, liability, or culpability related to the delivery of goods and services as described in the Invoice, and the Parties acknowledge that this Agreement is entered into in good faith, without any admission of fault, and with an intention to resolve any disputes in a mutually beneficial manner.

  1. INDEMNIFICATION

The Client agrees to indemnify, defend, and hold harmless the Consultant, its officers, directors, employees, and agents from and against any claims, actions, suits, liabilities, losses, damages, costs, and expenses (including reasonable attorney fees) arising out of or related to this Agreement, except to the extent caused by the Consultant’s gross negligence or willful misconduct. any breach of this Agreement.

  1. NON-DISCLOSURE AND NON-DISPARAGEMENT

 

  1. The Client agrees to maintain strict confidentiality regarding the terms and existence of this Agreement.

 

  1. The Client further agrees not to make any defamatory statements or posts, whether online or offline, that may harm the reputation of the Consultant.

 

  1. The Client also agrees not to file or cause to be filed any verbal or written complaints against the Consultant with any third-party network partners or vendors.

 

  1. RELEASE OF CLAIMS

Upon receipt of the refund amount mentioned in Clause I, the Client releases the Consultant from any and all claims, demands, causes of action, suits, and liabilities, whether known or unknown, arising out of or in any way connected with invoice number XXX

  1. GOVERNING LAW AND JURISDICTION

 

  1. This Agreement shall be governed by and construed in accordance with the laws of the state of XXX without regard to its conflict of laws principles.

 

  1. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in XXXX.

 

  • GENERAL PROVISIONS

 

  1. Entire Agreement

This Agreement supersedes any and all oral and written statements and representations by any Party and contains the entire agreement and understanding between the Parties hereto with respect to the subject matter hereof and the transactions contemplated thereby. All prior discussions, agreements and understanding of any nature between the Parties are merged herein and superseded hereby.

 

  1. Severability

The provisions of this Agreement are severable, and if any one or more paragraphs, subparagraphs, or provisions of this agreement is/are determined to be illegal, indefinite, invalid or otherwise unenforceable in whole or in part, the remaining provisions of this Agreement, and any partially unenforceable provision to the extent enforceable in any jurisdiction shall continue in full force and effect and shall be binding and enforceable.

  1. Notices

Any notice or other communication under this Agreement shall be in writing and shall be considered given when delivered personally or mailed by registered mail, return receipt requested, to the Parties at their respective addresses set forth above (or at such other address as a Party may specify by notice to the other).

  1. Amendment

No amendment or modification of this Agreement shall be valid or binding unless it is in writing and signed by both Parties.

  1. Waiver

 

All rights and remedies granted to the Parties in any provision of this Agreement shall be deemed cumulative. No waiver of any provision of this Agreement shall be deemed to be a waiver of any past or future breach of the same, or any other provision of this Agreement, nor shall any act or failure to act be construed as a waiver, unless memorandum thereof, expressing the intention to waive, signed by the Party to be charged, is made and delivered to the other Party.

 

  1. Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

 

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

[Insert Consultant’s Name]

By: _______________________________

Name: _____________________________

Title: ______________________________

[Insert Client’s Name]

By: _______________________________

Name: _____________________________

Title: ______________________________

 

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