again the most minor of normally overlooked clauses have saved our collectives asses when things turn rough with a particular client. Proposal Kit IS the reason we are still in business; a PROFITABLE BUSINESS after all these years."
Repair Estimate Quote This quote is good for days from the date listed below for labor only. company name address address city state or province zip or postal code Phone. phone number Date. current date Estimated Delivery. end date Estimate #. WorkOrder Pricing and Options for.
company name city state or province zip or postal code Phone. phone number Job Options Repair. Installation. Upgrade.
Job Description. Insert what you are doing for the customer here Make. Model. Serial Number. Pick up Local Delivery Shipped PART # DESCRIPTION QTY PRICE ea SUBTOTAL TOTAL PARTS TAX TOTAL LABOR TOTAL ESTIMATE Labor Description. Insert detailed description of the work to be performed. Shipping Options.
Fed Ex UPS DHL USPS Freight Estimated Shipping Costs. Insert Shipping Estimate Note. All shipping costs are estimates and subject to change. Customers may opt to use their shipper of choice or their own account. Cost estimates of third party components are only good for the day quoted and are subject to change at any time before the repair order is authorized. No goods will be held for over thirty days. company name is not responsible for loss or damages caused by events outside of our control. Repairs are warranted for thirty days from date of delivery for labor only. Company Initials Customer Initials
RETAINER AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Company and company name Customer Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Company hereby agree as follows. 1. Engagement of Services. Company agrees to render to Customer professional services as follows. a Insert the type of service to be covered under this retainer here. b Insert the type of service to be covered under this retainer here.
c Insert the type of service to be covered under this retainer here. d Insert the type of service to be covered under this retainer here. In addition to professional services Customer agrees to pay for additional expenses and third party costs incurred for or on behalf of Customer including but not limited to. a Copies shipping courier services printing media costs disks storage etc. b Insert any additional type of expense to be covered under this retainer here. c Insert any additional type of expense to be covered under this retainer here.
2. Billing and Understanding of Rates. Fees are based on the actual time spent on services performed at rate of hourly rate per hour billed in quarter hour 25 increments. Travel Rates shall be billed at hourly rate per hour and Insert the Travel Mileage Rate per mile. Phone conferences shall be billed at actual time when demanded or scheduled ahead of time by customer. Customer acknowledges that all phone or email time spent working on services for Customer shall be subject to the hourly billing rate. Rates are guaranteed for days from the date of this agreement. Rates may be adjusted after this date without prior approval. All estimates of time to complete given task are based on our evaluation of the task the extent of Companys involvement and the complexity of the task to be performed. During the course of working for Customer additional requirements or problems may become evident or additional work may be requested or required. Customer further understands that all estimates are done using the information made available to Company by Customer and that all estimates may be subject to modification at any time. Company shall submit an itemized account of all time spent on particular task and Company shall not exceed Insert Maximum Billing Amount in monthly billing without Customers prior written or unilateral verbal approval. 3. Cancellation. a Should Customer ultimately not engage Company for services Customer agrees to cancellation fee of Insert the Retainer Cancellation Fee to be deducted from the retainer in addition to any expenses or third party costs Company has paid on behalf of Customer.
b Upon termination or expiration of Agreement Customer agrees to be solely responsible for any additional third party fees for any service utilized for or on behalf of Customer by Company. Additional expenses may include but are not limited to. hosting fees licenses translations royalties talent and other associated fees. 4. Retainer. To secure Companys commitment to perform the services listed above Customer agrees to pay Company Insert the Retainer Contract Fee as retainer to be credited against all future services performed. 5. General Provisions. 5 Entire Agreement.
This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto. 5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 5 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Company and their respective successors and assigns provided that Company may not assign any of its obligations under this Agreement without Customers prior written consent.
5 Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement. 5 Good Faith. Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation execution delivery performance and any termination of this Agreement. 5 Right to Withhold Creative Content and Services. In the event Customer fails to make any of the payments set forth on Exhibit within the time prescribed in Exhibit Company has the right to withhold further creative content and services performed for or on behalf of Customer until payment in full is made plus accrued late charges of 2% per month. 5 Indemnification.
Customer agrees to indemnify and hold Company harmless from any and all claims brought by any third party relating to any aspect of the services including but without limitation any and all demands liabilities losses costs and claims including attorneys fees arising out of injury caused by Customers products services material supplied by Customer copyright infringement and defective products sold via the advertising or services. Further Customer agrees to indemnify Company from responsibility for problems disruptions caused by third party services and contractors that Customer may use such as media buyers transportation merchant accounts shopping carts shipping hosting services real time credit card processing and other services that relate to the execution of the services outlined in this Agreement by Company. 5 Use of Services and Creative Content for Promotional Purposes. Customer grants Company the right to use the creative content description of services performed results of services and campaign data as it sees fit for promotional purposes. 5 No Responsibility for Theft. Company has no responsibility for any third party taking all or any part of the content ideas or services provided to Customer by Company. 5. 10 Attorneys Fees.
In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement the prevailing party shall be entitled to recover its actual attorneys fees and costs including expert witness fees. 5. 11 Term of Agreement. This Agreement shall begin on current date and shall continue in full force until terminated by either party upon at least thirty days prior written notice. Both parties represent and warrant that on the date first written above they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signatures below. EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed
company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials Company Initials
RIGHT OF FIRST REFUSAL AGREEMENT INCLUDES MUTUAL NON DISCLOSURE This Right of First Refusal Agreement and Mutual Non Disclosure Agreement is made between the companies listed below which may hereinafter be referred to as the parties. company name AND company name address address city state or province zip or postal code city state or province zip or postal code Purpose of this Agreement The purpose of this Agreement is to set forth an understanding that the above named parties wish to develop mutually beneficial and profitable business relationship. Both companies desire to jointly develop goods and services and market such services in their respective business channels. Both parties agree to work together to ensure that their sales marketing and development efforts remain consistent and represent the interests of each party in an agreeable manner. Definitions Right of First Refusal ROFR shall mean the contractual right or option to enter into or to refuse business transaction with customer according to terms specified below.
Primary Goods and Services shall mean any goods and services provided by either party which are to be subject to Right of First Refusal under this Agreement. Common Goods and Services shall mean any Primary Goods and Services provided by both parties in part or in whole which are similar in nature to one another. Duration. The Right of First Refusal between the parties shall be limited to years years from the date on this Agreement. Exceptions shall mean the transactions and transaction types that are exempt from the Right of First Refusal unless otherwise agreed upon in writing by both parties. Notice of Acceptance or Refusal of Terms shall mean the period of time that response shall be required from the other party notice of sale for the potential business transaction governed by this Agreement.
Limited time period to close transaction. If the Receiving Party cannot complete the sale or transaction within days days then other party shall have full rights to pursue the business transaction as defined in the notice of sale as they see fit. Disclosing Party shall mean any party to this agreement who conveys distributes publishes or otherwise distributes Proprietary Information that is not available to the public to Receiving Party. Receiving Party shall mean any party to this agreement who receives information from Disclosing Party. The Right of First Refusal Agreements Both parties understand that each conducts commerce within the Insert Industry Parties are in Here industry and that each of their respective customers may request services customarily provided by the other party. Both parties agree to offer to each other the Right of First Refusal for goods and services Primary Services provided by the other party.
1. company name is provider of the following Primary Services. Insert services products and areas of operation within your marketplace ; and other related services. 2. company name is provider of the following Primary Services. Insert services products and areas of operation within your marketplace ; and other related services. 3. Both parties currently engage in providing the following common goods and services Insert common goods and services to which neither party shall be considered to have Right of First Refusal on Insert common goods and services included under this agreement although both parties shall be free to offer the other Insert acceptable goods and services 4. Both parties agree that should project include products or services customarily provided by the other that party shall have Right of First Refusal ROFR to perform that work at their customary fees pricing or other terms and conditions. 5. The parties shall be obligated to provide timely acceptance or refusal of any work requested of the other and agree that failure to respond within days days shall be considered refusal of the work. Mutual Non Disclosure Agreements During the term of this Agreement each party may have disclosed or may disclose information and trade secrets relating to their business including but without limitation customer communications and customer lists computer programs technical drawings graphics and media files algorithms scripts know how formulas processes ideas inventions whether patentable or not schematics and other technical business financial customer and product development plans forecasts strategies business practices and information which to the extent previously presently or subsequently disclosed is hereinafter referred to as Proprietary Information. Proprietary Information also includes proprietary or confidential information of any third party who may disclose such information to either party in the course of the either parties business.
Agreements In consideration of the parties discussions and any access to Proprietary Information of either party both parties make the following agreements. a To hold all Proprietary Information disclosed by either party in the strictest of confidence and to take the same degree of care to protect such information as it does with its own Proprietary Information. No less than reasonable care shall be maintained by either party. b Parties shall grant the use of Proprietary Information only within the scope and purpose for which it was disclosed; to be used only for the benefit of the Disclosing Party and the Receiving Party. c Not to disclose or use any such Proprietary Information or any information derived there from to any firm supplier business third party or other organization. d Not to reverse engineer tamper alter or copy any such Proprietary Information. e Not to export allow for export or distribute into the public domain any such Proprietary Information or product thereof. f That all records files letters memos faxes notebooks drawings sketches reports collateral program listings or other written audio magnetic video source or other tangible material containing Proprietary Information whether Disclosing Party is the author or not are exclusive property of the Disclosing Party and are entrusted to be used only to the benefit of this relationship and shall be made available by the Disclosing Party immediately upon request by the Receiving Party. g Upon request the Receiving Party shall turn over all Proprietary Information owned by the Disclosing Party and immediately surrender any and all records files letters memos faxes notebooks drawings sketches reports collateral program listings or other written audio magnetic video source or other tangible material containing any such Proprietary Information and any and all copies or extracts thereof.
h That each provision herein shall be treated as separate and independent clause and the unenforceability of any one clause shall in no way impair the enforceability of any other clauses herein. Both parties also shall not disclose the Proprietary Information to those employees who do not have qualifiable need to know such information and in any event each party shall be liable for all improper disclosures by its employees. Without grant of any right or license the parties agree that the foregoing shall not apply with respect to any Proprietary Information that either party can document as. a Made available or becoming generally available to the public through no improper action or inaction by either party or any agent consultant affiliate contractor or employee. b Disclosed to it by third party who did not owe duty of confidentiality. c In its possession or known by it without restriction prior to receipt from the other party.
d Independently developed without use of any Proprietary Information by employees who have had no access to such information. Either party may make disclosures required by law or court order provided it uses diligent reasonable efforts to limit disclosure and to obtain confidential treatment or protective order and has allowed the Disclosing Party to participate in the proceeding. Either party shall immediately give notice to the other of any unauthorized use or disclosure of the others Proprietary Information by the party or its employees or agents. Both parties understand that nothing herein requires. 1 The disclosure of any Proprietary Information of the Disclosing Party or requires either Party to proceed with any transaction or relationship. Both parties understand that except as otherwise agreed in writing the Proprietary Information which it may receive concerning future plans is tentative and is not intended to represent contract of employment or retainment nor does it constitute decision by either party concerning the implementation of such plans. Proprietary Information provided to either party hereunder does not represent commitment by either party to purchase or otherwise acquire any products or services from the other party. If either party desires to purchase or otherwise acquire any products or services from the other party the parties will execute separate written agreement to govern such transactions. 2 This agreement supersedes all prior agreements whether written or oral between the Disclosing and Receiving Parties as relating to the subject matter of this Agreement. This Agreement may not be altered modified amended or discharged in whole or in part without the express written permission of both the Disclosing and Receiving Parties. General Terms and Conditions
1. Communications. This Agreement shall govern all communications whether electronic written oral or other medium between the parties made during the term of this Agreement. 2. Termination. This Agreement shall expire upon thirty days written notice by either party; provided however Receiving Partys obligations under the terms of this Agreement shall continue with respect to all Proprietary Information disclosed prior to the expiration of this Agreement. Both the Disclosing and Receiving Parties obligations shall survive the termination of employment and shall be binding upon all heirs executors administrators and legal representatives. 3. Remedy of Law. Each party acknowledges and agrees that due to the nature of the Proprietary Information there can be no adequate remedy of law for any breach of its obligations hereunder which breach may result in irreparable harm. Upon any such breach or any threat thereof the party disclosing the information shall be entitled to appropriate equitable relief in addition to whatever remedies it might have at law. In the event that any of the provisions of this Agreement shall be held by court to be overbroad as to scope such provision or provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain compatible with the law as it shall appear. 4. General Provisions.
4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 4 Entire Agreement. This Agreement supersedes all prior discussions and writings and constitutes the entire agreement between the parties with respect to the subject matter hereof. The prevailing party in any action to enforce this Agreement shall be entitled to costs and attorneys fees. 4 Binding Effect. This Agreement shall be binding upon and inure to the benefit of both parties and their respective successors and assigns. Neither party may assign any of their obligations under this Agreement without prior written consent. Both parties represent and warrant that on the date first written above they are authorized to enter into this Agreement in its entirety and duly bind their respective principals by their signatures below. EXECUTED as of the date first written above. company name
By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed
company name Initials company name Initials