Service Agreement Draft

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SERVICE AGREEMENT
 
THIS AGREEMENT is made and entered into this ____ day of ______________, _________, by and between

 
Name: ____________
Address: ____________
____________

 
(Service Recipient)

 
Name: ____________
Address: ____________
____________

 
(Service Provider)

 
Service Details
 
The Service Provider agrees to provide the Service Receiver with the following services:
 
_______________________________________________________________________________
 
The parties agree that in addition to the aforementioned services they may agree upon other services from time to time (collectively called the "Services").
 
Service Term
 
This Agreement shall commence on , and shall remain in effect This Agreement will also be subject to termination as provided hereinafter.
 
Time shall be of the essence of this Agreement and of every part hereof. No extension or variation of this Agreement shall operate as a waiver of this provision.
 
Compensation
 
In return for the Services provided, the Service Receiver will compensate the Service Provider
 
Business Expenses
 

 
Return of Materials
 
The Service Provider shall return to the Service Receiver any property, documentation, records, or confidential information belonging to the Service Receiver upon the termination of this Agreement.
 
Termination
 
The obligations of the Service Provider under this Agreement shall terminate upon the earlier of the Service Provider ceasing to be engaged by the Service Receiver or the termination of this Agreement by the Service Receiver or the Service Provider.
 
Entire Agreement
 
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressed herein.
 
Assignment
 
The Service Provider shall not in any manner of capacity whatsoever assign or otherwise transfer the obligations incurred under this Agreement without the written consent of the Service Receiver.
 
Modifications
 
Any modification of this Agreement will be effective only if it is in writing and signed by both parties.
 
Capacity of Party Providing Services
 
The parties agree that the Service Provider is providing a service and is not an employee while providing the Services under this Agreement. The parties further agree that this Agreement does not create a partnership between them.
 
Notice
 
All communications arising from the terms of this Agreement will be made in writing and served personally, by registered mail or by email. The addresses for any communications to be delivered to the parties are as appeared on the top part of this agreement, or to such other address as to the parties may agree.
 
Legal expenses
 
In the event of a legal action brought forward by either party to enforce or construe any term of this Agreement, the winning party shall be entitled to their legal costs.
 
Headings
 
Headings are not to be considered when interpreting this Agreement. Rather, headings are inserted for the convenience of the parties only.
 
Unenforceability of Provisions
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
 
Governing Law
 
This Agreement shall be construed in accordance with the laws of the State of , without regard to the jurisdiction in which any action or special proceeding may be instituted.
 
IN WITNESS WHEREOF the parties have duly executed this Service Agreement this ____ day of ______________, _________
 
SIGNED, SEALED AND DELIVERED in the presence of: