Oak Creek Business Services Agreement

OAK CREEK BUSINESS SERVICES AGREEMENT

This Business Services Agreement ("Agreement") is entered into as of between Oak Creek Business Services (the "Service Provider"), and Client Name: (the "Client").

WHEREAS

WHEREAS, Service Provider is engaged in the business of providing business operations, consulting, administrative and related services and possesses the necessary experience, personnel and resources to perform the services described herein; and

WHEREAS, Client desires to engage Service Provider to perform certain services on the terms and conditions set forth in this Agreement, and Service Provider desires to perform such services for Client in accordance with this Agreement.

SCOPE OF WORK

Service Provider shall provide the services described below. The parties acknowledge that this description defines the primary obligations of Service Provider; any change to scope shall be governed by Section entitled "Change Orders."

PAYMENT TERMS

In consideration for the performance of the services, Client shall pay Service Provider as follows. All fees are payable in U.S. Dollars unless otherwise agreed in writing.

All undisputed invoices not paid when due shall accrue the late fee set forth above. Client shall pay reasonable collection costs, including attorneys' fees, incurred by Service Provider to collect any amounts past due.

TERM AND TERMINATION

This Agreement commences on and, unless earlier terminated in accordance with this Agreement, shall continue until (the "Term").

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

Upon termination or expiration, Client shall pay Service Provider for all services performed and expenses incurred through the effective date of termination. Provisions that by their nature survive termination shall survive.

CONFIDENTIALITY

"Confidential Information" means any non-public 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.

Receiving party shall: (a) hold Confidential Information in strict confidence; (b) not use Confidential Information except to perform its obligations under this Agreement; and (c) not disclose Confidential Information to any third party except to its employees, contractors or advisors who have a need to know and are bound by obligations of confidentiality at least as restrictive as those herein. Confidential obligations do not apply to information that: (i) is or becomes publicly available through no wrongful act of receiving party; (ii) was rightfully in receiving party's possession prior to disclosure; (iii) is rightfully received from a third party without restriction; or (iv) is independently developed without use of the disclosing party's Confidential Information.

The confidentiality obligations in this Section shall survive termination of this Agreement for years. Notwithstanding the foregoing, Service Provider acknowledges that disclosure of Client's Confidential Information may cause irreparable harm for which monetary damages would be inadequate, and Client shall be entitled to injunctive relief in addition to other remedies.

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 conflict of laws principles. The parties agree that disputes arising out of or relating to this Agreement shall be resolved by the state and federal courts located in the chosen state, and each party consents to personal jurisdiction and venue in those courts unless the parties mutually agree in writing to arbitration.

MISCELLANEOUS

Entire Agreement: This Agreement, including all exhibits and attachments, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and communications, whether written or oral. No amendment or waiver shall be effective unless in writing and signed by both parties.

Independent Contractor: Service Provider is an independent contractor and nothing in this Agreement creates an employment, partnership, joint venture or agency relationship between the parties. Service Provider shall be solely responsible for all taxes, withholdings and other statutory, regulatory or contractual obligations of an employer.

Limitation of Liability: Except for liability arising from gross negligence, willful misconduct or breaches of confidentiality, neither party shall be liable for consequential, incidental, special or punitive damages, and the aggregate liability of either party for any claim arising out of or relating to this Agreement shall not exceed the total amounts paid by Client to Service Provider under this Agreement during the six (6) months preceding the claim.

Sign Now