This Service Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between ____________________, Contact Info: ___________________________ (hereinafter referred to as the “Company”), and __________, Contact Info: ___________, (herein referred to as the “Contractor”).
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
The initial term of this Agreement shall be for a period ______ [Days/Weeks/Months/Years] commencing on the Effective Date herein.
- The Contractor shall be offering advertisement services for the Company on a digital report provided by a 3rd party software provider. The Contractor shall provide and create AD Space at the beginning of each digital residential home inspection report that links the Company’s website or Google business page.
- The Company shall provide a preferred scheduling and/or a discount on services rendered to the Company’s clients.
The Company shall pay the Contractor Two Hundred Dollars ($200) monthly for the services covered under this Agreement, payment shall be made by automatic credit card/debit card charge.
- INDEPENDENT CONTRACTOR.
The Contractor shall be retained as an independent contractor. The Contractor shall be fully responsible for payment of their own income taxes on all compensation earned under this Agreement. The Company shall not withhold or pay any income tax, social security tax, or any other payroll taxes on the Contractor’s behalf during the term of this Agreement.
- WAIVER AND ASSIGNMENT.
- The waiver by either Party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall NOT in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
- No Party shall assign its rights or obligations under this Agreement without prior Notice or consent by the other Party.
- FORCE MAJEURE:
The failure on the part of the Contractor to perform their obligation under this Agreement will not be considered as default if such failure is the result of natural calamities, acts or God, Covid-19, extreme adverse disasters and circumstances beyond the control of the parties. The Contractor shall inform the Company of such inconveniences promptly and arrange for a reschedule of the sessions.
The Parties acknowledge that either Party can terminate/cancel this Agreement at any time provided that they issue a _______ Day Written Notice on the same. The Company may terminate/cancel this Agreement if they are not satisfied with number of leads and/or work the Contractor generates. The Contractor may terminate/cancel this Agreement if the Contractor’s clients are not satisfied. The Company shall ensure to pay any unpaid payments due before the Agreement is effectively terminated/cancelled.
- DISPUTE RESOLUTION.
In the event of disputes arising about the execution of this Agreement and/or performance of obligations stated herein, the Parties shall solve such issues through a binding arbitration process in accordance with the ADR rules and mechanisms of the State of California USA. If the arbitration process fails to provide mutual resolve, the matter shall be resolved through litigation in the Orange County Superior Court and the Company shall be responsible for all and any legal fees.
This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
- GOVERNING LAW/JURISDICTION.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA. Exclusive jurisdiction and venue shall be in the State of California, USA.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
COMPANY: _____________ ___________________ ___________
(SIGNATURE) (NAME) (DATE)
CONTRACTOR: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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