Business Berry Document

Business Berry Document

This Business Services Agreement ("Agreement") is made effective as of by and between Client Name: (hereafter "Client"), and Service Provider Name: (hereafter "Provider"). Client Entity Type: ; Provider Entity Type:

RECITALS

WHEREAS, Provider is engaged in the business of providing business consulting, marketing and operational services, and represents that it has the qualifications, experience and ability to perform the services described in this Agreement; and

WHEREAS, Client desires to engage Provider to perform certain services and Provider desires to perform such services for Client under the terms and conditions set forth in this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

SCOPE OF WORK

Provider shall perform the services described below (the "Services"). Provider shall perform the Services in a professional and workmanlike manner consistent with industry standards.

PAYMENT TERMS

Client shall pay Provider for the Services in accordance with the terms set forth below. All payments are due in United States Dollars unless otherwise agreed in writing. Provider shall invoice Client as set forth in this section and Client shall remit payment in accordance with the invoice terms.

Unless otherwise stated, payments are due within days of invoice. Overdue amounts shall accrue interest at the rate set forth above and Client shall be responsible for all reasonable costs of collection, including attorneys' fees.

TERM AND TERMINATION

This Agreement shall commence on the Start Date and continue through the End Date unless earlier terminated in accordance with this section.

Start Date:    End Date:

Either party may terminate this Agreement for cause if the other party materially breaches any provision and fails to cure such breach within the notice period set forth above. Termination shall not relieve Client of the obligation to pay for services performed and expenses incurred prior to the effective date of termination.

CONFIDENTIALITY

For purposes of this Agreement, "Confidential Information" shall mean any non-public information disclosed by either party to the other, whether written, electronic or oral, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information does not include information that: (a) is or becomes generally available to the public through no fault of the receiving party; (b) was in the receiving party's possession prior to receipt from the disclosing party; (c) is rightfully received from a third party without restriction; or (d) is independently developed by the receiving party without use of the disclosing party's Confidential Information.

The receiving party shall (i) hold Confidential Information in strict confidence and use at least the same degree of care to protect the disclosing party's Confidential Information as it uses to protect its own confidential information, and (ii) not use Confidential Information for any purpose other than performing its obligations under this Agreement. The obligations of confidentiality shall survive termination of this Agreement for a period of .

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction selected below without regard to conflict of law principles. The parties consent to the exclusive jurisdiction of the courts located in the selected jurisdiction for any dispute arising out of or relating to this Agreement.

ENTIRE AGREEMENT

This Agreement, including any exhibits or attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, negotiations, understandings and communications, whether oral or written. No amendment, modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.

MISCELLANEOUS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other, except that either party may assign this Agreement in its entirety to an affiliate or in connection with a sale of all or substantially all of its assets or equity.

Sign Now