Business Contract and Demand

BUSINESS CONTRACT AND DEMAND

This Business Contract and Demand (the Agreement) is entered into as of between:

Service Provider: , Address:

Client: , Address:

WHEREAS

WHEREAS, Service Provider is engaged in the business of providing professional services and possesses the experience and capability to perform the services described herein; and

WHEREAS, Client has requested that Service Provider perform certain services and Client desires to retain Service Provider on the terms and conditions set forth in this Agreement; and

WHEREAS, Service Provider demands payment for services performed and expenses incurred as described below, and the parties desire to set forth their agreement, remedies, and the conditions under which further performance and payment shall proceed.

SCOPE OF WORK

PAYMENT TERMS AND DEMAND

Amount Due: $ (the Demand Amount). This Demand Amount is immediately due and payable upon execution of this Agreement unless otherwise agreed in writing below.

Late Payment: If any payment is not received by Service Provider within days after its due date, interest shall accrue at the rate of or the maximum rate permitted by law, whichever is lower. In addition, Client shall be responsible for all costs of collection, including reasonable attorneys' fees and court costs.

Demand for Payment: Service Provider hereby demands immediate payment of the Demand Amount plus accrued interest and collection costs. Payment is payable to: and shall be delivered to:

TERM AND TERMINATION

Term Commencement Date: . Term Expiration Date: .

Either party may terminate this Agreement for material breach by the other party, provided that the non-breaching party gives written notice and a cure period of days. Termination shall not relieve Client of obligations to pay amounts accrued prior to termination, including the Demand Amount and any late fees and collection costs.

CONFIDENTIALITY

Each party shall maintain in confidence and shall not disclose to any third party any Confidential Information of the other party. "Confidential Information" includes business strategies, pricing, financial information, customer lists, trade secrets, and any non-public information disclosed in connection with this Agreement. Confidentiality obligations shall survive termination for a period of years, except where disclosure is required by law or to comply with a validly issued subpoena or order; in such event, the receiving party shall provide prompt notice and cooperate to seek protective measures where practical.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles. The parties agree that any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration or in the courts located within the chosen jurisdiction as elected by the Service Provider, and the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

ENTIRE AGREEMENT; SEVERABILITY

This Agreement, including all schedules and attachments executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

REPRESENTATIONS; INDEMNITY

Each party represents that it has the authority to enter into this Agreement and that performance will not violate any other agreement. Client agrees to indemnify and hold harmless Service Provider against any claims, losses, damages, or liabilities arising from Client's use of the services, except to the extent caused by Service Provider's gross negligence or willful misconduct.

NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as a party may designate by written notice. Notices shall be deemed given when personally delivered, sent by overnight courier, or three (3) business days after deposit in the U.S. mail, postage prepaid.

ADDITIONAL TERMS

Amendments. No amendment or modification of this Agreement shall be effective unless in writing and signed by both parties.

Assignment. Neither party may assign this Agreement without the prior written consent of the other party, except to a successor in interest by merger or sale of substantially all assets.

Remedies. The parties agree that monetary damages may be inadequate and that injunctive or equitable relief may be sought in addition to any other remedies available at law or in equity.

Sign Now