Business Stats Template

BUSINESS STATS TEMPLATE

This Business Stats Template Agreement (the Agreement) is entered into between:

Client Name:    Business Entity Type: LLC Corporation Other

Service Provider:    Contact Address:

RECITALS

WHEREAS, Client requires periodic compilation, analysis and delivery of business performance statistics, financial summaries and key performance indicators to support decision-making; and

WHEREAS, Service Provider possesses the expertise, tools and personnel necessary to collect, aggregate and report the business statistics and related analyses described in this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties agree as follows:

SCOPE OF WORK

Monthly performance report
Quarterly trend analysis
Interactive dashboard / data feed
Custom KPI set

BUSINESS METRICS TO BE REPORTED

From:    To:

PAYMENT TERMS

Client shall pay Service Provider for the services and deliverables set forth in this Agreement as follows:

Any amount not paid within the time specified shall accrue interest at the rate of , and Client shall be responsible for reasonable collection costs, including attorney fees.

TERM AND TERMINATION

This Agreement commences on and, unless earlier terminated in accordance with this Section, continues until .

Either party may terminate this Agreement for convenience upon written notice delivered at least days prior to the effective date of termination. Either party may terminate for material breach if the breaching party fails to cure such breach within thirty (30) days after receipt of written notice specifying the nature of the breach.

CONFIDENTIALITY

"Confidential Information" means nonpublic information disclosed by one party to the other, whether in oral, written or electronic form, including business metrics, financial data, customer lists, pricing models and nonpublic analyses. Recipient agrees: (a) to use Confidential Information solely for performance of this Agreement; (b) to restrict disclosure to its employees and contractors who have a need to know and who are bound by confidentiality obligations at least as protective as those herein; and (c) to implement reasonable administrative, physical and technical safeguards to protect Confidential Information from unauthorized access or disclosure.

Confidential Information does not include information that: (i) is or becomes publicly available without breach of this Agreement; (ii) was known to Recipient prior to disclosure as demonstrated by written records; (iii) is rightfully received from a third party without restriction; or (iv) is independently developed without use of Confidential Information. In the event of compelled disclosure by law, Recipient shall provide prompt written notice to discloser to allow for protective action.

LIMITATION OF LIABILITY

Except for liability arising from gross negligence or willful misconduct, each party's aggregate liability under this Agreement shall not exceed the total fees paid by Client to Service Provider under this Agreement during the twelve (12) months preceding the event giving rise to the claim. Neither party shall be liable for incidental, consequential, punitive or special damages.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction selected by the parties: , without regard to its conflicts of law principles.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, proposals, negotiations, representations and agreements, whether written or oral. Any amendment or modification must be in writing and signed by authorized representatives of both parties.

DATA ACCURACY AND RELIANCE

Service Provider will use commercially reasonable efforts to ensure the accuracy and completeness of reported statistics based on data provided or authorized by Client. Client acknowledges that reports may reflect limitations or gaps in underlying data. Client's decision-making and reliance on the reports are its sole responsibility; Service Provider does not guarantee business outcomes resulting from use of the reports.

MISCELLANEOUS PROVISIONS

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 notice. If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect.

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