This Service/Product Agreement (the “Agreement”) is made today, when electronically signed by accepting the terms and conditions of the agreement. This is an agreement and between purchaser of services, (the “Client”) and Small Business Development Center, LLc (dba, The Startup Expert), (the “Provider”) (collectively as “the Parties”).
WHEREAS, the Client wishes to obtain certain services/products and SBDC wishes to provide certain services/products 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. The Client hereby engages SBDC to provide the services/products set forth in Exhibit A attached hereto (the “Services” “Products”).
2. Compensation. SBDC shall be compensated at a rate agreed to in Exhibit A and pay in advance to begin the service. Client will continue to be billed with recurring payments, monthly, quarterly or annually until a product is cancelled if such payments exist according to Exhibit A.
3. Terms and Conditions. SBDC requires clients to give at least 24 notice if you cannot make the appointment and need to reschedule. Any appointments missed with less than 24 hours’ notice, you forfeit the appointment. The appointment cannot be rescheduled if it was a coaching fulfillment appointment.
4. Third Party Independent Contractors. Client acknowledges that SBDC may utilize the services of third-party independent contractors to facilitate the performance of its obligations under this Agreement.
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 SBDC to facilitate the performance of the Services/Products under this Agreement. SBDC agrees that it will utilize and disclose this Confidential Information only as required pursuant to the performance of this Agreement.
6. Ownership of Property. Client shall own all right, title and interest relating to any and all final products and designs specifically created for Client in connection with this Agreement (“ Client Property”). Client Property does not include information relating to the SBDC’s business, products, processes, clients, independent contractors, product plans, products, services, diagrams, formulae, processes, techniques, technology, copyrights, trademarks, trade secrets, utilized by SBDC to facilitate the performance of the Services/Products under this Agreement.
7. Termination. This Agreement may be terminated immediately upon written notice of termination provided by either party for any reason or no reason upon at least ten days written notice (as defined below). Upon termination of this Agreement, Client will pay to SBDC any fees earned as of the Termination Date and vice versa. SBDC will return any of the Client’s Confidential Information in its possession within five business days and vice versa. SBDC will provide Client with any Client Property created pursuant to the Agreement within five business days of its receipt of earned fees and vice versa.
8. 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, nonappealable judgment by a court of competent jurisdiction.
9. 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.
10. Assignment. The Parties shall not assign, delegate, transfer or subcontract any right or obligation under this Agreement without the prior written consent of the other party.
11. 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.
12. 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.
13. 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.
14. Results Disclaimer. There have been no agreements, understandings, representations, or statements made or relied upon that suggest, estimate, or guarantee that any results, success, 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.
15. Cancellations. Client has three days to cancel service from date of purchase to be eligible for a refund. All cancellation requests must be made in writing and emailed to firstname.lastname@example.org. Refunds will be paid in full, minus a 15% processing fee, to via the same form of payment used during purchase. Please allow up to 3 days for refunds to be processed. If services were worked on by Provider during the first three days and a cancellation and refund request was made, a pro-rated refund amount at the discretion of the provider, as well as a 15% processing fee, will give based on the amount of work done. After three days, no refunds will be offered.
If you cannot attend a scheduled appointment you must provide at least 24 hours’ notice to reschedule the appointment. Appointments missed or canceled within 24 hours of the scheduled coaching session will be forfeited.
Provider shall provide the following Services to Client:
(a) Weekly coaching
(b) One, one hour business coaching call per week with email access to coach
2. Coaching Fee
(a) Fee. In consideration of the Services to be rendered hereunder, the Client shall pay fee accepted on invoice (the “Fee”).
(b) Weekly coaching is an initial payment of $833.00 and then $833.00 every month thereafter until cancelled.