This
Agreement is made on __________________, 200___ between ____________________
(the "Customer") and Biznesshosting, Inc. (the "Consultant"),
a Florida corporation, and is effective on immediately upon signing
or by typing entering full name in online order page accessible at https://www.biznesshosting.com/order.html.
The Consultant has extensive experience regarding the hosting, maintenance,
design, and servicing of websites, and the Customer seeks to benefit
from the Consultant's expertise by retaining the Consultant on an exclusive
basis. The Consultant wishes to perform consulting services for the
Customer. Accordingly, the Customer and the Consultant agree as follows:
I.
Services
a.
The consultant shall provide advice and consulting services to the Customer
with respect to matters related to ________________________________________
____________________________________________.
b.
Upon request by the Customer and in return for compensation detailed
in Article II, the Consultant shall keep the Customer informed about
applications, features, and specifications in the area of Web
Hosting and Design as features may broaden or change from time to
time as well as be available for assisting in quality control of the
website. By recognizing this agreement the customer also agrees to the
terms and conditions of Biznesshosting, Inc.'s Terms
of Service agreement.
II. Compensation
As full
consideration for the consulting services provided by the Consultant,
the Customer shall pay to the Consultant a) initial deposit for services
in the amount of ____________________ and b) the sum of ____________________
on a monthly basis payable on the 1st day of each month.
c) There will be a late charge in the amount of ____________________
for payments received after the 5th day of each month during
the term of this agreement.
III. Confidentiality
a.
Either party may disclose to the other party any information that the
disclosing party would normally freely disclose, whether by publication,
by presentation at seminars, or in informal discussions.
b. The parties may wish, from time to
time, in connection with work contemplated under this Agreement, to
disclose confidential information to each other ("Confidential
Information"). Each party will use reasonable efforts to prevent
the disclosure of any of the other party's Confidential Information
to third parties. The recipient may acquire information that pertains
to the discloser's processes, equipment, programs, developments, or
plans that is both (i) disclosed or made known by the disclosure to
the recipient and (ii) identified in writing as "proprietary"
by the disclosure. The recipient agrees not to disclose any Confidential
Information to third parties or to use any Confidential Information
for any purpose other than performance of the services contemplated
by this Agreement, without prior written consent of the Customer.
c. Confidential Information subject
to paragraph 3(b) does not include information that (i) is or later
becomes available to the public through no breach of this Agreement
by the recipient; (ii) is obtained by the recipient from a third party
who had the legal right to disclose the information to the recipient;
(iii) is already in the possession of the recipient on the date this
Agreement becomes effective; (iv) is independently developed by recipient;
or (v) is required to be disclosed by law, government regulation, or
court order. In addition, Confidential Information subject to paragraph
3(b) does not include information generated by the Consultant unless
the information (i) is generated as a direct result of the performance
of consulting services under this Agreement and (ii) is not generated
in the course of the Consultant's activities.
IV. Return of Materials
The Consultant
agrees to promptly return, following the termination of this Agreement
or upon earlier request by the Customer, all drawings, tracings, and
written materials in the Consultant's possession and (i) supplied by
the Customer in conjunction with the Consultant's consulting services
under this Agreement or (ii) generated by the Consultant in the performance
of consulting services under this Agreement and not generated in the
course of the Consultant's activities.
V. Defense and
Indemnification
The customer
agrees, at its sole expense, to defend the Consultant against, and to
indemnify and hold the Consultant and harmless from, any claims or suits
by a third party against the Consultant or any liabilities or judgments
based thereon, either arising form the Consultant's performance of services
for the Customer under this Agreement or arising from any Customer products
which result from the Consultant's performance of services under this
Agreement.
VI. Term and Termination
a.
This Agreement shall be for a term of Six(6) months, renewable
upon reasonable terms and conditions as may be agreed upon by the Customer
and the Consultant.
Termination of the Agreement under
paragraph 8(a) above shall not affect (a) the Customer's obligation
to pay for services previously performed by the Consultant or expenses
reasonably incurred by the Consultant for which the Consultant is entitled
to reimbursement under paragraph 2, above, (b) the Customer's obligation
to defend and indemnify the Consultant under paragraph 6 above, or (c)
the Consultant's continuing obligations to the Customer under paragraphs
4(b) and 6(a), above.
VII. Miscellaneous
a. a. This
Agreement shall inure to the benefit of and be binding upon the respective
heirs, executors, successors, representatives, and assigns of the parties,
as the case may be.
b. The relationship created by this Agreement shall be that
of independent contractor, and the Consultant shall have no authority
to bind or act as agent for the Customer or its employees for any purpose.
c. The Customer will not use the Consultant's name in any
commercial advertisement or similar material used to promote or sell
products, unless the Customer obtains in advance the written consent
of both the Consultant.
d. Notice or payments given by one party to the other
hereunder shall be in writing and deemed to have been properly given
or paid if deposited with the United States Postal Service, registered
or certified mail, addressed as follows:
e. This Agreement
replaces all previous agreements and the discussions relating to the
subject matters hereof and constitutes the entire agreement between
the Customer and the Consultant with respect to the subject matters
of this Agreement. This Agreement may not be modified in any respect
by any verbal statement, representation, or agreement made by any employee,
officer, or representative of the Customer, or by any written documents
unless it is signed by an officer of the Customer and by the Consultant.
f. If any term or provision
of this Agreement is deemed invalid, contrary to, or prohibited under
applicable laws or regulation of any jurisdiction, this Agreement (save
only this sentence) shall be invalid.
g. This contract shall be interpreted
in accordance with the laws of the State of Florida and shall be enforced
in Broward County, Florida.
h. In the event that any litigation
is deemed to be necessary, or if the parties cannot agree, such dispute
shall be arbitrated by the American Arbitration Association and the
non-prevailing party shall be responsible for and pay for the legal
fees and costs of the prevailing party including appellate fees (if
any).
IN WITNESS WHEREOF, the parties have executed
this Agreement effective the date first stated above.
Customer name: __________________________
By: ______________________________
President or authorized representative
BIZNESSHOSTING, INC. a Florida corporation.
By: ___________________________
Authorized representative