Business Services SBA Template

Business Services SBA Template

Parties

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

Recitals

WHEREAS, Client operates a small business and seeks professional assistance with business planning, financing applications, compliance documentation and related advisory services in connection with small business program participation; and

WHEREAS, Provider possesses experience and expertise in preparing financing applications, financial analyses, training, and advisory services required to pursue such programs and is willing to provide specified services under the terms set forth herein; and

WHEREAS, the parties desire to set forth their mutual rights and obligations with respect to the services to be provided by Provider to Client.

Scope of Work

Provider shall perform the services described below and any attachments or statements of work signed by the parties. Provider will provide services in a professional manner consistent with industry standards.

Project Commencement Date:    Project Completion Date (estimated):

Payment Terms

Client shall pay Provider for services rendered in accordance with the following terms.

Invoices are due within days of receipt. Late payments shall accrue interest at the lesser of (a) a rate of % per month, or (b) the maximum rate permitted by applicable law. Additionally, a minimum late fee of $ will apply to delinquent invoices.

Term and Termination

This Agreement shall commence on the Effective Date and shall continue until the Project Completion Date unless earlier terminated as provided below.

Either party may terminate this Agreement for convenience upon written notice to the other party delivered at least days prior to the effective date of termination. Either party may terminate immediately for material breach that remains uncured for thirty (30) days after written notice specifying the breach. Termination shall not relieve Client of its obligation to pay for services performed and reasonable costs incurred prior to termination.

Confidentiality

Each party (the Receiving Party) shall keep confidential and not disclose to any third party any confidential information disclosed by the other party (the Disclosing Party) except as reasonably necessary to perform this Agreement or as required by law. Confidential information includes nonpublic business information, financial data, proprietary methodologies, client lists, and application materials, but does not include information that is (a) already generally available to the public when disclosed, (b) lawfully in the Receiving Party's possession prior to disclosure by the Disclosing Party, or (c) rightfully received from a third party without restriction on disclosure.

Upon termination or request, the Receiving Party shall promptly return or destroy confidential materials. The confidentiality obligations shall survive termination of this Agreement for a period of years.

Governing Law; Compliance

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflicts of law principles. Each party shall comply with all applicable laws, rules and regulations in performing its obligations under this Agreement.

Indemnification and Limitation of Liability

Provider shall indemnify and hold Client harmless from third-party claims arising from Provider's gross negligence or willful misconduct in performing the services. Except for liability arising from gross negligence or willful misconduct, neither party shall be liable to the other for consequential, incidental, or punitive damages. The total aggregate liability of either party for any claim arising under this Agreement shall not exceed the total fees paid by Client to Provider under this Agreement.

Independent Contractor; Subcontracting

Provider is an independent contractor and not an employee, partner, or agent of Client. Provider may engage subcontractors to perform portions of the services provided that Provider remains responsible for performance and compliance with this Agreement.

Entire Agreement

This Agreement, including all attachments and statements of work executed by the parties, constitutes the entire agreement between Client and Provider with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. Any amendment to this Agreement must be in writing and signed by both parties.

Notices

All notices under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address designated in writing by a party. Notices are effective upon receipt.

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