SERVICE AGREEMENT
This Service Agreement is between “the Service Provider”, NurtureWorq (G-Sell Virtual Business Solutions Services), and “the Subscriber”,
BACKGROUND
It is the belief of the Subscriber that the Service Provider possesses those skills, qualifications and abilities necessary to provide services to the Subscriber.
IN CONSIDERATION OF the mutual benefits and responsibilities specified in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, both the Subscriber and the Service Provider agree as follows
NATURE OF SERVICES
The Service Provider agrees to provide the Subscriber with the following services, and any other mutually agreed upon services that the Subscriber may from time to time require. Services will be listed in the Invoice.
TERM OF AGREEMENT
This Agreement will take effect immediately upon initial payment, and will automatically renew at the end of each term unless the Service Provider or Subscriber provides the other party with written notice at least 30 days prior to End of Service. Cancellation Request Form must be submitted in order to cancel subscription.
CANCELLATION POLICY
This Agreement will take effect immediately upon initial payment, and will remain in effect indefinitely unless the Service Provider or Subscriber provides the other party with written notice at least 30 days prior to End of Service.
Cancellation Request Form must be submitted in order to cancel subscription.
*Request must be submitted before the 10th of the month to avoid the next Billing cycle.
REPRESENTATIONS & WARRANTIES
Except as expressly stated in this agreement, the Service Provider makes no express or implied warranties, including warranties of merchantability, fitness for a particular purpose, noninfringement, accuracy or condition of data or that services will be uninterrupted or error free. The Service Provider does not warrant that the services will meet the requirements of any third party and, in particular, the Service Provider does not warrant that the services will be error free or will operate without interruption.
INDEMNIFICATION
The Subscriber shall defend, indemnify, and hold harmless the Service Provider, its affiliates and their officers, directors, members, managers, employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys’ fees) arising out of or resulting from: (a) any damage to the Service Provider resulting from Subscriber’s acts or omissions; and (b) the material breach of any representation, warranty, or obligation of the Subscriber under this Agreement.
LIMITATION OF LIABILITY
The Service Provider’s entire liability to the Subscriber, or to any party or person claiming through the Subscriber, relating in any manner to the Services rendered pursuant to this Agreement, shall be limited exclusively to the return of the Fee paid pursuant to this Agreement.
PREVAILING PARTY
If any legal action or other proceeding is brought for the enforcement of this Agreement or any other Transaction Documents, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement or any other Transaction Documents, the successful or prevailing party or parties shall be entitled to recover from the non-prevailing party, reasonable attorneys’ fees, court costs and all expenses, even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
PRICING
In exchange for providing the Services, the Subscriber agrees to compensate the Service Provider for Services indicated on Billing Statement.
PAYMENT SCHEDULE
The Subscriber will pay the Service Provider once per month within 15 days of Billing Statement.
Monthly recurring fees will be on Billing Statement in advance for the upcoming month.
Per Lead fees will be on Billing Statement for the previous month.
One time fees will be paid upon service order.
Service Provider will charge payment method on file upon due date if payment has not been made.
In case payment due date falls on a bank holiday, payment method will be charged at least one (1) banking day prior to payment due date.
Subscriber can view/pay Billing Statement though Online Billing Portal.
NON-PAYMENT SUSPENSION
In addition to any other rights granted to the Service Provider herein, the Service Provider reserves the right to suspend or terminate your access to the Service if your account becomes delinquent (falls into arrears). You will continue to be charged for Monthly Access during any period of suspension within the commitment agreement period. If you or the Service Provider initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Payment Schedule in section above. You agree that the Service Provider may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. the Service Provider reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service.
NON-DISCLOSURE