SERVICE AGREEMENT

SERVICE AGREEMENT

 

This SERVICE AGREEMENT (‘’this Agreement’’) is entered into between [NAME] of address [ADDRESS] (“the company”) and LONDON TECHNOLOGIES SERVICES of address [ADDRESS] (“service provider”) on [DATE].

 

WHEREAS the company and the Service Provider desire to enter a relationship in which the service provider will provide phone service which includes providing free phones to companies which will agree to a one year commitment.

 

WHEREAS the phone service of the Service Provider is billed per user so the company can add or remove users at any time with no adjustment fees.

WHEREAS the phones provided are the property of the company and not a lease.

 

NOW, THEREFORE, in consideration of the premises, and of the mutual promises and undertakings herein contained, the parties, intending to be legally bound, do agree as follows:

  • SERVICES

  1.    The Service Provider shall provide the following services (“Services”) to the company  in accordance with the terms and conditions of this Agreement:
  2. The service provider shall provide phone service which includes providing free phones to companies which will agree to a one year commitment. The phone service is to be billed per user.

  • COMPANY’S OBLIGATIONS

 

  1.    The company agrees to fulfill the following obligations (“the obligations”):

 

  1. The company agrees to a one year commitment in order for the service provider to provide the free phones. Apprehending a signature on this Agreement by the company depicts acceptance of the one year commitment.

  • TERM

 

  1.    This Agreement shall be operative from the date of execution of this Agreement and shall run until the completion of the Services or until the Agreement is terminated according to this Agreement
  2. Upon the addition of a new user by the company, the company can opt for a free phone for that user and the users of the service would have a one year commitment which would commence from the date of their admission. 

  • CONFIDENTIALITY

Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.

  • RELATIONSHIP

The Parties acknowledge and agree that the Services performed by the Service Provider, its employees, agents or sub-contractors shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.

  • CANCELATION OF TERMS

 In the event where the company undertakes to cancel the terms of the Agreement, $70 per free phone given to the company would be owed to London Technology Service. The amount quoted above represents 100% of the money owed to the service provider  per free phone. The money owed would be paid using the following scale;

  1. Cancelation in months 1-3: 100%
  2. Cancelation in month 4: 90%
  3. Cancelation in month 5: 80%
  4. Cancelation in month 6: 70%
  5. Cancelation in month 7: 60%
  6. Cancelation in month 8: 50%
  7. Cancelation in month 9: 40%
  8. Cancelation in month 10: 30%
  9. Cancelation in month 11: 20%

There is no provision to return phones in lieu of cancelation fees.

The cancelation fee can be waived by the service provider at its sole discretion.

  • APPLICABLE LAW

 

  This Agreement shall be deemed to have been made, executed, and delivered in the State of [NAME OF STATE] and shall be construed per the laws of the State of [STATE]. 

  • SEVERABILITY AND ASSIGNMENT

 The invalidity or unenforceability, in whole or in part, of any provision in this Agreement, shall not affect in any way the remainder of the provisions herein.

  • ENTIRE AGREEMENT

 This Agreement, together with any other materials referenced in or expressly made a part of the Agreement constitutes the final and entire Agreement between the company and the Service Provider. It supersedes all prior and contemporary agreements, oral or written.

  • MODIFICATION

  This Agreement may be modified or amended only by a duly authorized written instrument executed by the parties hereto.

  • TERMINATION

 Unless otherwise mutually agreed to in writing, either Party to this Agreement may terminate this Agreement upon written notice of termination to the other Party and take responsibility of the costs thereof.

 Unless otherwise mutually agreed to in writing, upon the termination of this Agreement, any arrangement for Services then in effect will immediately terminate.   

 

 MISCELLANEOUS

  1. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. 
  2. If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity nor enforceability of the remainder of this Agreement shall be affected. 
  3. Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party. 
  4. This Agreement may not be amended for any other reason without the prior written agreement of both Parties. 

 

In Witness of whom, this Agreement is duly executed by the duly authorized representatives of the parties as set forth below:

___________________________________ ___________________________

Company’s Signature Date

 

___________________________________ ___________________________

Service Provider’s Signature Date

 

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