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THIS SERVICE PROVIDER AGREEMENT (the “Agreement”) is made and entered into as of 9/26/2023 (the “Effective Date”) 3VERB, Inc., P.O. BOX 47073, Roberto Clemente Station, Chicago, Illinois 60647 (“Provider”) and _________________________, having an address at ___________________________ (“Client”). A. Client has requested that Provider provide the following services to Client: Monthly Website Hosting (the “Services); and B. Client has agreed to perform the Services in consideration of the Fees (as defined below); NOW, THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows:
1. Services. Provider agrees to perform the Services for Client for the agreed upon Fees.
2. Fees. Client agrees to pay Provider [a one time payment of $____________ in consideration of the performance of the Services (the “Fees”).] or [at an hourly rate of $_________ per hour for in consideration of the performance of the Services (the “Fees”). Provider will render an invoice upon completion of the Services to Client setting forth the amount of time that Provider spent on the Services along with the final Fee amount.]
3. [Satisfaction Guarantee. Provider agrees to complete the Services in a manner that is satisfactory to Client and in the event that Client is dissatisfied with the Services provided by Provider, Provider will work with Client to assure that Client is reasonably satisfied with the Services rendered by Provider. In the event that Client is still dissatisfied with Provider’s Services, Provider will refund any Fees already paid by Client and this Agreement will terminate and neither party will have any further rights hereunder, subject to the provisions of Section 7.]
4. Term and Termination. This Agreement shall commence as of the date first written above and shall continue in full force and effect the Services have been completed. Either party may terminate this Agreement at any time, with or without cause, by giving the other party thirty (30) days written notice
5. DISCLAIMER OR WARRANTIES. THE SERVICES ARE PROVIDED TO CLIENT BY PROVIDER “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PROVIDER HEREBY DISCLAIMS ALL WARRANTIES FOR THE SERVICES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER THE PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY OTHER COUNTRY.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR TO ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS OF PROFITS, WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PROVIDER’S LIABILITY TO CLIENT AND TO ANY THIRD PARTIES SHALL BE LIMITED IN ALL INSTANCES TO THE AMOUNT OF THE FEE PAID TO IT BY CLIENT.
7. General. This Agreement states the entire agreement between Client and Provider regarding the Services and supersedes all prior written and oral communications relating to the Services. This Agreement may be amended only by a written agreement executed by Client and Provider. The failure of Client to require performance of any provision hereof shall in no manner affect the right at a later time to enforce such provision. This Agreement shall be construed in accordance with the laws of the State of Illinois without regard to Illinois’ conflict of laws provisions. The terms of the U.N. Convention on Contracts for the International Sale of Goods shall not apply. Provider may not assign its rights or obligations under this Agreement. This Agreement shall be binding on and inure to the benefit of the parties, their successors, permitted assigns and legal representatives. Sections 5 and 6 shall survive termination or expiration of this Agreement for any reason.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written above in a manner appropriate to each.
PROVIDER: 3VERB, Inc.: Chicago
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