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Terms of Use and Consulting Agreement
1. Consultation Services. The Client (“Company”) hereby employs MBAPlans to perform Business Plan consulting services in accordance with the terms and conditions set forth in this Agreement and corresponding Proposal. The Company’s credit card will be billed by Second Venture Corporation.
2. Terms of Agreement. This agreement will begin upon the signing of this contract by both parties and will end upon completion of consulting engagement. Either party may cancel this agreement on thirty (30) days notice to the other party in writing, by mail, personal delivery or electronic means.
3. Payment Terms. MBAPlans will be paid according to the following schedule:
? $500 MBAPlans-Express Program Fee (as outlined in the corresponding proposal) plus expenses (to be billed at cost).
? $500 for each additional five (5) hours of consulting time plus expenses (to be billed at cost).
4. Independent Contractor. Both the Client and MBAPlans agree that MBAPlans will act as an independent contractor in the performance of its duties under this Agreement. Accordingly, MBAPlans shall be responsible for payment of all taxes including Federal, State and local taxes arising out of MBAPlans’ activities in accordance with this Agreement.
5. Confidential Information. MBAPlans agrees that any information received by MBAPlans during any furtherance of its obligations in accordance with this Agreement, which concerns the personal, financial or other affairs of the Company will be treated in full confidence and will not be revealed to any other persons, firms or organizations.
6. Attorney’s Fees and Venue. If any legal action is commenced or necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which that party may be entitled. This Agreement shall be construed and enforced in accordance with the laws of the State of New Jersey. Any action between the Parties shall be resolved through the appropriate court in the County of Hudson, New Jersey.
7. Understanding. This Agreement constitutes the full and complete understanding between the Parties with respect to the subject matter contained herein. No amendment, change, or modification to this agreement shall be binding unless reduced to writing and signed by both Parties. Should one clause of this contract be found invalid, this shall in no way be construed to diminish the enforceability of all other clauses thereof.
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