THE FOLLOWING IS A SERVICE CONTRACT BETWEEN:
Party A: David Rodrigues Consulting, 2700 Pacific Avenue Wildwood, NJ 08260
Party B: ___________________________________________
THIS CONSULTING SERVICES CONTRACT is entered into on ______________ between Party A (or any representative thereof) and Party B (or any representative thereof) upon mutual agreement in connection with the consulting services to be provided by Party A in respect of the business of Party B:
For the purposes of this document, “Service” and “Services” are defined as follows: The labor of one or more individuals from Party A to 1) rectify a computer-related issue identified by Party B, or 2) perform computer-related maintenance or upgrades as requested by party B, directly or indirectly. Service scope includes hardware and software fixes, maintenance, upgrades, and enhancements to computers, networks, and any related systems thereof. Party A will deem what actions are necessary to fulfill the request from Party B.
A “Service Day” will be defined as the time of day at which a representative of Party A has finished laboring to complete any Service (whether or not the Service is completed) on any calendar day.
Scope of Service
The “Scope of Service” (the type granularity or limits of the Service) will be determined by Party A with respect to Party B’s initial request. Party B may request a written document detailing the Scope of Service. Note that for many Service requests, the Scope of Service cannot be determined absolutely. As such, Party A has the right to modify the Scope of Service at any time during the Service. If Party B disagrees as to the associated Service fee, Party B may cancel the Service provided all current fees have been paid. PARTY B AGREES TO PAY FOR ALL SERVICES PERFORMED REGARDLESS OF THE OUTCOME OF THE SERVICE.
When Party A completes the Service, Party B will receive an invoice within one business week. The invoice will detail the Service and show that Party B has remitted payment. If Party B paid in advance of the Service and there is an overcharge associated with the payment, Party B may receive a refund of the difference upon request. Otherwise, Party A will add the difference of the overcharge as credit to Party B’s account.
Payment of Fee
Immediately after Party A completes Service, Party B shall pay to Party A a fee in an amount to be determined by Party A on the basis of the specific contents of Party A’s Service, including any purchased items necessary to complete the Service as well as all applicable sales tax.
Alternately, Party B may pay in advance Party A a fee equal to or greater than the estimated fee of Service, to be estimated by Party A. In the event that Party A’s Service exceeds the estimated fee, Party B will then pay Party A another fee equal to or greater than the estimated fee of Service (estimated by Party A) in advance of said Service. This will continue until job completion. Note that Party A will discontinue Service until receipt of fee from Party B.
If Party B is tax exempt, they must provide a legal tax exemption form upon payment to Party A in order to be relieved of sales tax.
Party B may request net terms after 30 days of the first Service day of Party A. The availability of net terms will be solely determined by Party A.
Penalties and Interest
In addition to all fees outlined above, Party B agrees to pay to Party A:
- $35 for a returned (bounced) check.
- $25 late payment charge for a returned check or not paying in full at the end of any Service Day.
- 1.5% of the balance of any and all unpaid Service per month if Service is performed under net terms and has remained unpaid starting at the 16th day of the end of the earliest unpaid Service day.
- Any associated collection costs to Party A, legal and otherwise, while attempting to collect payment from Party B, will be paid by Party B.
If net terms has been granted to Party B by Party A, Party B agrees that it is their sole responsibility to retrieve the Service fee assessment (invoice) from Party A. If Party B has not received an invoice for any Service after 4 days, Party B agrees that it is their responsibility to contact Party A to request an invoice for any unpaid Service, and that no penalty listed above will be alleviated based on the fact that Party B did not receive an invoice for any unpaid Service from Party A.
Party A makes no warranties of any kind, expressed or implied. If Party B experiences the same or similar problem after receiving Service from Party A, Party A may choose to associate a fee with any future Service respective to Party B’s request. Party B may deny any new service, or agree to pay for the Service as defined above in Payment of Fee.
Party B agrees to hold Party A harmless from all liability for loss, damage, or injury to persons or property resulting from the negligence or misconduct of Party A, including any loss arising from a breach of contract or improper performance from Party A and for damages and/or injuries which may be incurred by Party B by virtue of defective design, material, or workmanship in any goods or services provided by Party A under this Agreement, or claim that the materials provided by Party A hereunder infringed any third party’s intellectual property rights or misappropriates a third party’s confidential information.
Party A will not relieve Party B of any liability caused by the willful misconduct or sole negligence of Party B, its officers, agents or servants.
This Agreement will be governed by and construed in accordance with the laws of the State of New Jersey. The Parties hereby agree that any action arising out of this Agreement will be brought solely under the relevant courts located in the in any state or federal court located in Cape May County, NJ. Both parties hereby submit to the exclusive jurisdiction and venue of any such court. THE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT.
Executed on ___________________
at ___________________________________, New Jersey.
By signing below, both parties (as listed on the first page of this document) agree to abide and uphold the terms of this agreement.
[David Rodrigues Consulting]