Acceptance of Terms of Service
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Agreement for contract Consulting Services (the “Agreement”)
CONDITIONS. This Agreement will not take effect, and CBC will have no obligation to provide consulting services, until Client acknowledges, accepts and consents to this Agreement.
SCOPE OF CONSULTING SERVICES. Client hires CBC to provide consulting services in the field of contract review and management and as requested. CBC will provide those services reasonably required to Client. CBC will take reasonable steps to keep Client informed of progress and to respond to Client’s inquiries.
CLIENT’S DUTIES. Client agrees to fully disclose to CBC all relevant facts and information relevant to the transaction upon which the service is sought and to cooperate, to respond to CBC’s inquiries and requests for information in a timely manner, to keep CBC fully informed of any information or developments which may come to Client’s attention. To abide by this Agreement, to pay CBC’s bills on time and to keep CBC advised of Client’s address, e-mail address, telephone number and whereabouts. Client will assist CBC in providing information and documents necessary for the services in the described matter. If Client fails to perform its duties as described above, CBC shall have the right to terminate services to Client upon written notice, which shall include notice by electronic mail.
FEES AND BILLING PRACTICES. Client agrees to pay by the hour at CBC’s prevailing rates for all time spent on Client’s matter by CBC. Hourly rate (To be discussed and dependent on project) plus any applicable local sales tax e.g VAT and or Tax may be exclusive depending on jurisdiction. Rates are subject to change in accordance with Central Statistics Office, Bureau of Labor Statistics or as applicable. Time is charged in minimum units of one tenth (1/10) of an hour. The rates on this schedule are subject to change on 30 days’ written notice to Client. If Client declines to pay any increased rates, CBC will have the right to withdraw as a contractor for Client. The time charged will include the time CBC spends on telephone calls relating to Client’s matter, including calls with Client and other parties and CBCs. CBC will charge for waiting time and for travel time, both local and out of town.
COSTS AND OTHER CHARGES. (if applicable)
(a) MISCELLANEOUS. CBC will incur various costs and expenses in performing consulting services under this Agreement. Client agrees to pay for all costs, disbursements and expenses in addition to the hourly fees. The costs and expenses commonly include fees and filing charges fixed by law or assessed by public agencies, filing fees, administrative fees, long distance telephone charges, messenger and other delivery fees, postage, photocopying and other reproduction costs, travel costs including parking, mileage, transportation, meals and hotel costs, investigation expenses and other similar items. All costs and expenses will be charged at CBC’s cost described in herein.
(b) TRAVEL. Client agrees to pay transportation, meals, lodging and all other costs of any necessary out-of-town travel as requested by Client. Client will also be charged a minimum on a daily rate or case by case basis.
(c) CONSULTANTS. To aid in the representation in Client’s matter, it may become necessary to hire consultants, and or counsel, as the case may be. Client agrees to pay such fees and charges. CBC will select any consultants, counsel etc. to be hired, and Client will be informed of persons chosen and their charges.
BILLING STATEMENTS. CBC will send Client periodic statements for fees and costs incurred. The statements shall include the amount, rate, basis of calculation or other method of determination of the fees and costs, which costs will be clearly identified by item and amount. Payment is expected fifteen (15) days from billing/invoice date. If payment is not received within thirty (30) days, there will be a penalty interest of 4% over bank base rate from date of invoice to payment compounded monthly.
DISCHARGE AND WITHDRAWAL. Client and CBC may terminate this Agreement by providing fifteen (15) days’ notice. When CBC’s services conclude, all unpaid charges will immediately become due and payable. After services conclude, CBC will, upon Client’s request, deliver Client’s file, and property in CBC’s possession.
DISCLAIMER OF GUARANTEE AND ESTIMATES. Nothing in this Agreement and nothing in CBC’s statements to Client will be construed as a promise or guarantee about the outcome of the matter. CBC is a subject matter expert, and does not warrant any information is provided by legal counsel or a legal firm. You acknowledge and understand that CBC is not a law group, law firm, nor is the managing member counsel or an attorney, rather a subject matter expert. CBC’s comments about the outcome of the matter are expressions of opinion only based on experience and knowledge. If fees are being charged on an hourly basis as described in herein, any estimate of fees given by CBC are an estimate only and shall in no way be taken to be a fixed sum. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CBC disclaims all warranties with regard to information contained on this Site and the Consulting Services, including all implied warranties of merchantability and fitness for a particular purpose, any warranties that access to this Site will be uninterrupted, error-free and any warranties that this Site will be free of viruses or other harmful materials.
LIMITATION OF LIABILITY. Neither party is liable to the other or any third party for loss of profits or for any special, indirect, incidental, consequential, punitive or exemplary damages (including damages for loss of business profits, loss of goodwill, business interruption, loss of business information) in connection with the performance of the services, or the performance of any other obligations under this Agreement, even if it is aware of the possibility of the occurrence of such damages. CBC’s liability under these terms shall be limited to an amount no greater than the amount billed immediately preceding the claim excluding disbursements.
WAIVER OF CLAIMS. Client hereby agrees to indemnify, defend and hold CBC harmless from and against any and all claims and damages (foreseen or unforeseen) including: loss or damage related to the services provided by CBC. Client unconditionally and irrevocably waives, releases, discharges in full and forever hold harmless CBC from claims, demands and causes of action that have accrued or may accrue arising out of or relating to the services provided by CBC to Client under the terms of this Agreement.
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties with respect to the services to be performed. Unless explicitly allowed herein, no other oral or written agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.
SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both parties.
VENUE AND GOVERNING LAW. This Agreement shall be deemed to have been drawn in accordance with the statutes and laws of the Republic of Ireland. In the event of any disagreement or dispute, the laws of Republic of Ireland shall exclusively govern. All such disagreements or disputes shall be submitted and instituted exclusively in the courts of the Republic of Ireland. The Parties hereby agree to the exclusive jurisdiction in such courts and waive all defenses to venue in or personal jurisdiction of such courts.
THE CLIENT HAS READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREES TO THEM AS OF THE DATE CBC FIRST PROVIDED SERVICES.