Business Plan Review Agreement
This Business Plan Review Agreement (“Agreement”) is an agreement and between the purchaser of business plan review services, (the “Client”) and Small Business Development Center, LLC (dba, The Startup Expert), (“Provider”). Client and Provider are collectively referred to as the “Parties”. This Agreement is effective when electronically signed by Client (“Effective Date”).
WHEREAS, Client wishes to obtain business plan review services and Provider wishes to provide business plan review services in accordance with the terms and conditions set forth in this Agreement;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the mutual covenants and obligations contained herein, the Parties agree as follows:
1. Scope of the Engagement. Provider will provide to Client the business plan review services identified in Exhibit A (the “Services”).
2. Payment. Provider shall be compensated at the rate and pursuant to the method agreed to in Exhibit A (the “Payment”).
3. Terms and Conditions. Client must provide Written Notice (defined below) to Provider at least 24 hours prior to a scheduled appointment if Client needs to reschedule the appointment. Any appointment missed with less than 24 hours’ Written Notice is forfeited.
4. Performance of Services. Client acknowledges that Provider may utilize the services of third-party independent contractors to facilitate the performance of its obligations under this Agreement. The use of such Contractors will be at the sole cost and discretion of Provider.
5. Confidential Information. “Confidential Information” shall mean all information that is not generally known outside of Client, relating to the Client’s business, products, clients, products, services, provided to Provider to facilitate the performance of the Services under this Agreement. Provider will disclose this Confidential Information only as required to perform this Agreement. Provider may also, but is not required to, use this Confidential information to identify other services or products that may benefit Client.
6. Termination. This Agreement may be terminated by either party for any reason or no reason by providing Written Notice (as defined below) to the other party. The date that Written Notice is provided is the Termination Date. If the Termination Date is within three days of the Effective Date Payment will be refunded, less a 15% processing fee and the prorated value of Services provided during the three days, at the sole distraction of Provider. If the Agreement is terminated at any point thereafter, Payment will not be refunded. Within five business days of the Termination Date Client will pay to Provider any outstanding Payment earned as of the Termination Date. Within five business days of its receipt of all outstanding Payment, Provider will return any of the Client’s Confidential Information in its possession or confirm in writing that the Confidential Information has been destroyed.
7. Attorneys Fees. If any proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in that proceeding, in addition to any other relief to which said party may be entitled, upon entry of a final, judgment by a court of competent jurisdiction.
8. Applicable Law and Choice of Forum. The substantive laws of the State of Florida will govern the interpretation, validity and effect of this Agreement, without regard to that state’s rules regarding conflict of laws. Any action brought to enforce this agreement shall be brought in Hillsborough County, Florida. Client agrees to submit itself to the jurisdiction of Florida.
9. Assignment. Client shall not assign, delegate, transfer or subcontract any right or obligation under this Agreement without the prior written consent of the Provider.
10. Severability. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
11. Written Notice. Wherever this Agreement requires Written Notice, notice shall be served on the parties by e-mail. The date that Written Notice is deemed delivered upon receipt of confirmation of transmission of such e-mail notice. Written Notice to the Provider shall be sent to: email@example.com. Written Notice to the Client shall be sent to the e-mail address used to execute this Agreement.
12. No Third Party Beneficiary. This Agreement is not intended to give or confer any benefit, right, privilege, claim, action, or remedy to any person or entity as a third party beneficiary, decree, or otherwise.
13. Entire Agreement and Amendment. This Agreement constitutes the entire agreement of the Parties on the subject hereof and supersedes all prior understandings and instruments on such subject. This Agreement may only be amended or modified in writing executed by both Parties. No oral waivers or extensions shall be binding on the parties.
14. Waiver. The Parties waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
15. Results Disclaimer. There have been no agreements, understandings, representations, or statements made or relied upon that suggest, estimate, or guarantee that any results, success, financing, earnings, relationships, customers, profits, earnings or any other measure of value will result from the Services provided pursuant to this Agreement. Client acknowledges the inherent risks and hurdles associated with business development and the infinite variables that impact success. Client has independently evaluated his/her/its prospects for success and the benefits that could arise from the Services.
Exhibit A: Services and Payment
Provider shall provide the following Services to Client:
A) Business Plan Review
a. Analysis and assessment of current business plan
b. Recommendations of business plan as written by client.
This does not include Provider writing any or all of Client’s business plan, which is a separate service.
Client will pay Provider $749 in order to begin service.