B "Trade Secret Information" shall be defined specifically as any formula, process, method, pattern, design or other information that is not known or reasonably ascertainable by the public, consumers, or competitors through which, and because of such secrecy, an economic or commercial advantage can be achieved. II Not disclose the Confidential Information via any unauthorized means to any third parties for a period of 3 three years following the termination of this Agreement;.
III Not disclose the Trade Secret Information forever, or for as long as such information remains a trade secret under applicable law, whichever occurs first, to any third party at any time;. IV Not use the Confidential Information or the Trade Secret Information for any purpose except those contemplated herein or expressly authorized by the Disclosing Party.
During the course of this Agreement and for a period of one year following the termination of this Agreement, the Service Provider agrees to refrain from engaging, directly or indirectly, in any form of commercial competition including, but not limited to, through business, marketing, investment or financial activities with the Client. Specifically, the Service Provider shall not:. A Use any of the Proprietary Information directly or indirectly to procure a commercial advantage over the Client or otherwise use any designs, ideas or concepts created by or belonging to the Client without the express written consent of the Client;.
B Solicit the clients or customers of the Client to provide services or supply goods to them of the same or a similar type to those provided by the Client during the course of this Agreement and for a period of one year following the termination of this Agreement;. C Endeavour to entice away from the Client or employ or offer to employ any person who is employed by the Client during the term of this Agreement and for one year following the termination of this Agreement, whether or not the person would commit a breach of his or her contract of employment by being enticed or accepting employment with them.
This prohibition shall not apply to the recruitment of any such employee who has answered a bona fide advertisement or been recruited by an agency to the Service Provider, if the Service Provider has not given directly or indirectly any form of encouragement to that employee to do so.
The Service Provider represents and warrants that it will perform the Services using reasonable care and skill for a Service Provider in their field and that any end products or materials given by the Service Provider to the Client under the terms and conditions of this Agreement will not infringe on or violate the intellectual property rights or any other right of any third party.
To the extent it is lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business.
This clause shall not be read to provide indemnification for any Party in the event that a competent court of law, rendering a final judgment, holds that the bad faith, gross negligence, or willful misconduct of the Party caused the damage, liability, or loss. Time shall be of the essence for the performance by the Service Provider of its obligations under the Agreement. Any dates, periods or times for performance specified in the Agreement are to be met, and in default, the Service Provider will be in breach of the Agreement.
I if the other party commits a material breach of any term of this Agreement that is not capable of being remedied within fourteen 14 days or that should have been remedied within fourteen 14 days after a written request and was not;.
II if the other party becomes unable to perform its duties hereunder, including a duty to pay or a duty to perform;. III if the other party or its employees or agents engage in any conduct prejudicial to the business of the other, or in the event that either party considers that a conflict or potential conflict of interest has arisen between the parties.
B This Agreement may be terminated by the Service Provider if the Client fails to pay any requisite Fees within seven 7 days after the date they are due. The Service Provider may terminate the Agreement immediately, with no notice period, in writing. If this Agreement is terminated before the expiration of its natural term, Client hereby agrees to pay for all Services rendered up to the date of termination, and for any and all expenditure due for payment after the date of termination for commitments reasonably made and incurred by Service Provider related to the rendering of Services prior to the date of termination.
Any termination of under this subpart shall not affect the accrued rights or liabilities of either Party under this Agreement or at law and shall be without prejudice to any rights or remedies either Party may be entitled to. Any provision or subpart of this Agreement which is meant to continue after termination or come into force at or after termination shall not be affected by this subpart.
The Parties hereby acknowledge and agree that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the Parties and that this Agreement is for the sole and express purpose of the rendering of the specific Services by the Service Provider to the client under the terms and conditions herein.
This Agreement shall be governed in all respects by the laws of the state of Alabama and any applicable federal law.
Both Parties consent to jurisdiction under the state and federal courts within the state of Alabama. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.
All communications made or notices given pursuant to this Agreement shall be in the English language. This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by either Party. This Agreement may only be amended in writing signed by both Parties. None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties.
No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.
If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.
Neither Party will make any public announcement or disclosure about the existence of this Agreement or any of the terms herein without the prior written approval of the other Party. This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral. Headings to this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.
This Agreement may be executed in counterparts, all of which shall constitute a single agreement. If the dates set forth at the end of this document are different, this Agreement is to be considered effective as of the date that both Parties have signed the agreement, which may be the later date.
Service Provider is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
The relevant contact information for the Parties is as follows:. Notices sent as above shall be deemed to have been received 3 working days after the day of posting in the case of inland first class mail , or 7 working days after the date of posting in the case of air mail , or next working day after sending in the case of e-mail. The document is written according to your responses - clauses are added or removed, paragraphs are customized, words are changed, etc. At the end, you will immediately receive the document in Word and PDF formats for free.
You can then open the Word document to modify it and reuse it however you wish. Choose the state where the services will be provided under the contract or where the services will primarily be provided, if across multiple states. X Choose the state where the services will mostly be done. Next Customize the template.
Service Agreement State of Alabama This Service Agreement, hereinafter referred to as "Agreement," is entered into and made effective as of the date set forth at the end of this document by and between the following parties: As used in this Agreement: A "Services" shall be used to refer to the following specific services that the Service Provider will provide to the Client under the terms and conditions set forth herein: The Key Dates will be as follows: Specifically, the fees shall be as follows: Service Provider will render the Services at the following location throughout this agreement, "Location": The Service Provider shall only utilize the following staff or employees to assist in the provision of the Services, as these individuals are hereby approved and agreed to by Client: The Client agrees to pay the Service Provide the required Fees, as outlined elsewhere in this Agreement, for the provision of the Services, subject to the following terms and conditions: Service Provider will accept the following forms of payment: Compensation is payable at the completion of services.
The Service Provider is acting as an independent contractor in providing the Services under this Agreement, not as an employee. The parties agree that this Agreement does not create a joint venture or a partnership between them.
Any modifications or amendments to this Agreement will be binding if evidenced in writing signed by each Party. All notices or demands required or permitted by the terms of this Agreement will be given in writing and delivered to the parties. Time is of the Essence. No extension or variation of this Agreement will operate as a waiver of this provision. Time is of the essence in this Agreement.
This Agreement contains the entire agreement and understanding by and between the Customer and the Service Provider and no representations, promises, agreements or understandings, written or oral, not herein contained shall be of any force or effect.
The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any one or more of the provisions hereof shall not affect the validity and enforceability of the other provisions hereof.
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It does not constitute legal advice, advertising, a solicitation, or tax advice. Transmission of this form and the information contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship. You should not rely upon this document or information for any purpose without seeking legal advice from an appropriately licensed attorney, including without limitation to review and provide advice on the terms of this form, the appropriate approvals required in connection with the transactions contemplated by this form, and any securities law and other legal issues contemplated by this form or the transactions contemplated by this form.
A service agreement is a contract entered into by two entities in which one agrees to provide a specified service to the other. It typically defines the boundaries of the service that is being provided and the compensation or payment that the service provider will receive. Signing a service agreement can help a project go more smoothly.
It provides legal protection to both the service provider and the employer and ensures that everyone is agreeing to the same terms. A service agreement might also be called a general service contract, a service level agreement, or a consulting services agreement.
A service agreement can be used for marketing services, advertising services, testing services, consulting services, management services, or any other professional services where one person has agreed to provide a service to another.
A service agreement might also be a warranty feature offered with a product. A bond holds only one person to the contract, while a service agreement holds both parties accountable. That way both parties are protected instead of just one. There are specific guidelines for what language and terms should be included in a service agreement to make it legally binding and to protect both parties. A service agreement is necessary any time a contractor sells his services or anytime a business purchases a service from another entity.
A service agreement is especially important because services are harder to prove than a product. A service contract makes sure everyone understands what will be delivered and when. Some services, such as marketing or advertising, are subjective. For instance, a marketing agency can provide their services without your business seeing a return. This is where a service agreement can come in handy. It makes sure that both the marketing agency and your business know what the end result will be and the cost to get there.
When working with a contractor or as a contractor, protection is necessary. Even a contractor with a great reputation can fail. If something goes wrong, a service agreement acts as the protection for both parties.
To create your own service agreement, consider the level of protection you need. Describe the services that will be provided. The more detailed this description is, the better. It will reduce the chance of misunderstandings later. When you run a business, time is money. The time spent creating, discussing, and signing a service agreement will be much less than you would spend sorting out a misunderstanding with a contractor.
Because a service agreement outlines the specifics of payment, it also helps prevent any surprise costs. When you sign the agreement, you should know exactly what the service will cost you. A service agreement, at its very core, lists the services that will be provided, the time frame in which it will be provided, and the compensation. Once both parties sign, it should be clear what is expected. Because everything is agreed upon up front and written down on paper, the risk of a misunderstanding is greatly reduced.
If a misunderstanding does come up, the service agreement should make clear who is right and how to solve the problem.
Misunderstandings can lead to litigation, and lawsuits are expensive. A service agreement reduces the risk of misunderstandings and therefore the potential for litigation. A service agreement is a contract that specifically lays out a service that will be provided by one entity and the payment that will be provided by a second entity.
A written agreement gives both parties protection in case something goes wrong. A broken contract can be scary or annoying. If you need to create a service agreement or you find yourself in the situation of a broken agreement, you can hire a knowledgeable attorney to help you through the process. The attorneys at UpCounsel are experienced and ready to help.
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This Service Agreement Template governs the relationship between the customer & the service provider & establishes key details, such as scope of work & payment.
Sample Service Agreement More than just a template, our step-by-step interview process makes it easy to create a Service Agreement. Save, sign, print, .
Includes contracts for household- and professional services, real estate and rentals, sales contracts, and more. sample contract templates you can view, download and print for free. There are contracts and agreements for many home and business arrangements, including home maintenance services, modeling and photography contracts, rental. Customize a free Service Agreement for yourself, a corporation, or a small business with our easy-to-follow questionnaire. A Service Agreement outlines the terms of a service or job provided by one party in exchange for compensation, and can be used in industries from construction to .
TidyForm provides a large number of free and hand-picked Service Agreement Template, which can be used for small, medium and large-sized enterprises. You can find practical, colorful files in Word, Excel, PowerPoint and PDF formats. Like a business proposal template, this sample service contract template outlines the agreed upon services to be provided.