BRESS- Terms of Service Agreement
Please take the time to read this entire Agreement Contract.
By engaging with Business and Real Estate Service and Solutions, LLC, (BRESS) you expressly agree to the following standard terms and conditions:
In this Agreement, the party who is contracting to receive the services shall be referred to as the “Client”, and the party who will be providing the services, BRESS, shall be referred to as the “Contractor”.
Contractor will utilize the services of virtual assistants herein referred to as Subcontractors. All Subcontractors hired by the Contractor to assist in performing the tasks and duties shall be the responsibility of the Contractor, unless specifically indicated otherwise in an agreement signed by all parties.
DESCRIPTION OF SERVICES:
- Contractor will provide the following services that may include but are not limited to:
- Billing and Invoicing
- Research & data entry
- Calendar and appointment management
- Website management
- Email management
- Other administrative duties that may arise
- Services may vary depending on Client’s needs and Subcontractor's abilities.
- Client agrees to give detailed instructions to Subcontractor to complete each task.
- Client understands that some tasks may be outside of Subcontractor’s abilities.
- Subcontractors will work a maximum of 160 hours per month to execute services, as delegated by Client.
- Subcontractors will work in 15 min. increments to execute services, as delegated by Client.
- The Client shall have 90 days to use the hours purchased in the bucket of hours.
- Contractor will provide Client 30 days of service beginning on the date of this agreement (the service), Client may have the option to cancel and stop service on the next billing cycle. This period will still be paid and constitute as part of the 1st month's payment if Client does not cancel.
PAYMENT FOR SERVICES:
- Client shall pay Contractor the dollar amount associated with the chosen bucket of hours or plan (bucket of hours, full service, full service with coaching, mentorship program.)
- These installments will be due upfront for every bucket or plan and will begin on the date of this Agreement.
- All used hours and services are non-refundable.
- Client will be responsible for any extra expenses or subscriptions that may be needed for Contractor to complete Clients tasks.
- No amount of unused hours of virtual assistant services will rollover or be used in any following Terms
- Client or Contractor may not, unless approved by the other party, terminate this agreement before the end of Term.
- If Client fails to purchase an additional bucket or plan without coming to an additional agreement with Contractor, Client will be deemed as breaching this agreement the contractor will stop work at the end of the term.
- If Client breaches this agreement, Contractor has the right to send the remaining debt balance to a collections agency, whose fees will be added onto the remaining debt balance.
- In the event of either party committing a crime, this agreement is deemed terminated immediately.
RELATIONSHIP OF PARTIES:
It is understood by the parties that Contractor is an independent contractor. The Client shall not be responsible for withholding taxes with respect to the Contractor’s compensation hereunder but will supply Contractor with a 1099 form at the close of each calendar year. Additionally, The Client is not responsible for the Contractor’s vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
Contractor and Subcontractors will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Contractor and Subcontractors, or divulge, disclose, or communicate in any manner, any information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this agreement. Upon termination of this agreement, Contractor and Subcontractors will return to Client all records, notes, documentation, and other items that were used, created, or controlled by Contractor and Subcontractors during the term of this Agreement.
WARRANTIES & INDEMNIFICATION:
- Both parties warrant and represent that they are under no disability, restriction or prohibition, whether contractual or otherwise, with respect to their right to execute this Agreement and perform its terms and conditions.
- Each party agrees to and does hereby indemnify, save and hold the other party harmless from any and all loss and damage (including reasonable attorneys'ʹ fees) arising out of, connected with or as a result of any inconsistency with, failure of, or breach by either party of any warranty, representation, agreement, promise, undertaking or covenant contained in this Agreement
In the event that Contractor or Client is forced to obtain an attorney to enforce the terms of this Agreement, that party shall be entitled to recover from attorney’s fees incurred in such action.
CHOICE OF LAW:
The laws of the State of Utah shall govern the validity of this agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto. The courts located in the City of Sandy Utah shall have exclusive jurisdiction over all disputes between Contractor and Client pertaining to this Agreement and all matters related hereto.
Client acknowledges that persons providing services to Client from BRESS are or may be subject to agreement prohibiting BRESS personnel from working, directly, or indirectly, for Client while employed by BRESS, Or in the event that BRESS ceases or terminates their working relationship with BRESS. Accordingly, Client agrees not to hire or otherwise permit services to be provided to Client by any past or present BRESS personnel, directly or indirectly, during the term of their employment or theater for twelve (12) months from the date that the Client terminates their relationship with BRESS. It is acknowledged that if Client/financially Responsible Party breaches this obligation, BRESS will suffer great and irreparable injury in amounts difficult to ascertain. Therefore Company shall be entitled to enforce the terms of this provision by filing for temporary and permanent injunction and addition to any action for the recovery of damages sustained by Company.