Business Fillable Forms

GENERAL BUSINESS AGREEMENT

This General Business Agreement (the Agreement) is entered into as of by and between Client Name: and Service Provider: .

RECITALS

WHEREAS, Client Name is engaged in the business of providing goods or services to its customers and requires certain business services described herein; and

WHEREAS, Service Provider represents that it has the necessary expertise, personnel and resources to perform the services set forth in this Agreement and is willing to provide such services to Client Name under the terms and conditions contained herein; and

WHEREAS, the parties desire to set forth their respective rights and obligations in writing.

SCOPE OF WORK

Service Provider shall perform the services and deliverables described below. The parties may attach schedules or statements of work that specify detailed tasks, deliverables, milestones and acceptance criteria.

PAYMENT TERMS

In consideration for the Services, Client Name shall pay Service Provider as follows.

Unless otherwise stated, payments are due within days of invoice. Payments shall be made by the method(s) indicated below.

ACH/Direct Deposit    Wire Transfer    Check    Credit/Debit Card

Late payments shall incur interest at the lesser of (a) % per month or (b) the maximum rate permitted by applicable law. In addition, Client shall reimburse Service Provider for reasonable collection costs, including attorneys' fees, incurred in collecting overdue amounts.

TERM AND TERMINATION

Term: This Agreement shall commence on and shall continue until unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for convenience upon days' prior written notice to the other party. Either party may terminate immediately for material breach if such breach remains uncured for thirty (30) days after written notice specifying the breach, or immediately for insolvency or bankruptcy of the other party.

Upon termination, Service Provider shall deliver all completed work and invoices for work performed through the termination date. Client shall pay for all undisputed work performed through the effective date of termination.

CONFIDENTIALITY

For purposes of this Agreement, Confidential Information means non-public, proprietary or business information disclosed by one party to the other, whether oral or written, 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 expressly excludes information that (a) is or becomes generally available to the public other than as a result of a breach of this Agreement, (b) was rightfully known to the receiving party prior to disclosure, (c) is rightfully received from a third party without restriction, or (d) is independently developed without use of the disclosing party's Confidential Information.

Each party agrees to (i) hold the other party's Confidential Information in strict confidence, (ii) not disclose such Confidential Information to any third party except to those employees, agents or subcontractors who have a need to know and who are bound to confidentiality obligations at least as protective as those in this Agreement, and (iii) use Confidential Information only for the purposes of performing obligations under this Agreement. The obligations in this Section shall survive termination for a period of years, except that trade secrets shall remain protected for so long as they remain trade secrets under applicable law.

NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as either party may designate in writing.

REPRESENTATIONS; WARRANTIES; INDEMNITY

Each party represents and warrants that it has the full right, power and authority to enter into this Agreement. Service Provider represents that the Services will be performed in a professional and workmanlike manner consistent with prevailing industry standards. Each party agrees to indemnify, defend and hold the other harmless from and against any third-party claims, liabilities, damages and expenses arising from the indemnifying party's negligence, willful misconduct or breach of this Agreement.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. The parties shall attempt in good faith to resolve disputes through negotiation. If negotiation fails, the parties agree that disputes shall be resolved by binding arbitration before a single neutral arbitrator in accordance with commercial arbitration rules, with the arbitrator's award to be final and enforceable in any court of competent jurisdiction.

ENTIRE AGREEMENT; AMENDMENT

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

SEVERABILITY; ASSIGNMENT

If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Neither party may assign this Agreement or any rights hereunder without the prior written consent of the other party, except that either party may assign this Agreement in connection with a merger, acquisition or sale of substantially all of its assets.

Sign Now