BUSINESS CONTRACT
Background:
This Service Agreement (“Agreement”) is entered into on the [INSERT DATE] between:
Service Provider(s): [INSERT NAME] located at [INSERT ADDRESS] (“Service Provider”, “Party”,
“Parties”) and
Buyer(s): [INSERT NAME] located at [INSERT ADDRESS] (“Buyer”, “Party”, “Parties”)
Services
1. The Service Provider agrees to provide the services and the Buyer agrees to purchase the
following services highlighted in Schedule 1 of this Agreement.
Purchase Price
2. The Buyer agrees to pay to the Service Provider a total sum of $[INSERT AMOUNT] for all
obligations under this Agreement.
3. The Service Provider [SHALL OR SHALL NOT] be responsible for all taxes in relation to the
purchase of Services under this Agreement.
Payment
4. Payment for the Services will be by: [INSERT ALL THOSE THAT APPLY]
a. [Credit or debit card];
b. [Personal Cheque];
c. [Cashier cheque];
d. [Cash];
e. [Money order]; and
f. [Wire transfer].
5. The Following amounts will be paid:
a. Amount of $[INSERT AMOUNT] previously paid by the Buyer;
b. Down payment of $[INSERT AMOUNT] upon the performance of this Agreement.
c. Payment of $[INSERT AMOUNT] for the Services [upon the completion of the
Services] OR [in instalments of $[INSERT AMOUNT] on [INSERT DUE DATE OF
INSTALMENT PAYMENTS], until the price of the Services has been paid in full.
Right of Inspection
6. [There is no right to inspection] OR
[The Buyer shall have the right to examine the final products and shall do so within [INSERT
DAYS] of receipt of the final product(s). In the event the Buyer discovers any issues, errors,
or faults with the Services, the Buyer shall notify the Service Provider within [INSERT DAYS]
of discovering said faults, or after completion of the Services. Failure to notify the Service
Provider of these faults within this timeframe shall comprise an acceptance of the terms of
this Agreement. ]
7. In the event the Services do not meet the standards of this Agreement, the Buyer may:
a. [Request one revision of the product]
b. [Terminate the Agreement following a 50% payment of the Services]
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8. The above shall be the sole remedy of the Buyer and the only obligations on the Service
Provider in the event any of the Services in this Agreement do not meet the Buyer’s
standards.
Security Interest
9. The Buyer grants to the Service Provider a security interest for any products resulting from
the Services highlighted in this Agreement and Schedule 1, until the Buyer has fully paid for
the Services.
10. The Buyer shall provide the Service Provider with any necessary documents the Service
Provider may request to finalise the Security Interest.
Force Majeure
11. The Service Provider shall not be responsible for any claims or damages resulting from any
delays in performance or non-performance of the Terms of this Agreement due to
unforeseen circumstances out of the Service Providers reasonable control.
Limitation of Liability
12. The Service Provider shall not in any circumstance be liable for any loss of profit, goodwill,
business, business opportunity, indirect, special, consequential, or punitive damage arising
from this Agreement.
13. In no event will the Service Provider be liable for any amount exceeding the price paid by the
Buyer for the Services giving rise to the claim.
Assignment [INSERT WHICH APPLIES]
14. [The Service Provider will need permission in the event they assign a third party. The Seller
may not assign any of its rights or appoint any performance under this Agreement, except
with the prior [written] consent of the Buyer. Any implied assignment of rights or delegation
of performance in violation of this clause is null and void.] OR
15. [The Buyer will need permission in the event they assign a third party. The Buyer may not
assign any of its rights or appoint any performance under this Agreement, except with the
prior [written] consent of the Service Provider. Any implied assignment of rights or
delegation of performance in violation of this clause is null and void.] OR
16. [Both parties will need permission in the event they assign a third party. Either party may
not assign any of its rights or appoint any performance under this Agreement, except with
the prior [written] consent of the other party. Any implied assignment of rights or delegation
of performance in violation of this clause is null and void.] OR
17. [Either party in this Agreement does not require permission to assign and delegate its rights
to a third party.]
Amendments
18. No amendment of the terms in this Agreement shall be effective unless it is in writing and
signed by both parties.
Governing Law
19. The terms of this Agreement shall be governed and construed in accordance with the law of
[ENTER GOVERNING LAW].
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Dispute resolution
20. Any dispute arising from this Agreement shall be resolved through: [INSERT ALL THAT APPLY]
a. [Court Litigation][:if either Party brings legal action, the prevailing party will be
entitled to recover from the other party, any legal expenses incurred in relation to
the claim.
b. [Binding Arbitration [INSERT DETAILS]];
c. [Mediation.]
Entire Agreement
21. This Agreement, including any schedules and appendixes, constitutes the entire agreement
between the parties, and supersedes and extinguishes all previous agreements, promises,
assurances, warranties, representations, and assurances between them, whether written or
oral.
Notices
22. Any notice or other communication given to a party in connection with this Agreement shall
be in writing, and shall be:
a. Delivered either by hand, by pre-paid first-class post, or by other next working day
delivery service, at the receiving party’s postal address provided in this Agreement
unless otherwise stated; OR
b. Sent by email to the email address specified in writing as being a suitable address for
service.
Waiver
23. No Party shall be deemed to have waived any provision of this Agreement unless such
waiver is expressed in writing.
24. No failure or delay by a party to exercise any right or remedy provided under this agreement
or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent
or restrict the further exercise of that or any other right or remedy.
Miscellaneous
25. This Agreement shall be binding upon and accustomed to the benefits of the parties and
their representatives. The provisions of this Agreement are severable meaning if any
provision is invalid or unenforceable, it shall not affect the validity and enforceability of the
rest of this Agreement.
26. This Agreement may be executed in one or more counterpart. Each counterpart shall be
considered an original.
Other
27. The Buyer may cancel this transaction at any time before midnight on the third business day
after the transaction is made. For more information regarding cancelling the transaction,
please see the attached cancellation form.
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Schedule 1- Details of Services
Description of Services Number of projects Price of project ($)
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date stated above.
SIGNATURES
Buyer Signature Buyer Full Name
Buyer Signature Buyer Full Name
Service Provider Signature Service Provider Full Name
Service Provider Signature Service provider Full Name
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