THIS GENERAL SERVICE AGREEMENT (the "Agreement") dated as filled in below
- AND -
Sims Coaching Systems
1. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
2. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually, the "Party" and collectively the "Parties" to this Agreement) agree as follows:
The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services"):
Ongoing consultation regarding real estate business.
Term of Agreement
The term of this Agreement (the "Term") will begin on the date that this Agreement is signed by both Parties, and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended with the written consent of the Parties.
Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).
The cost of the service (the "Subscription”) is payable by the client using the agreed upon payment plan.
Invoices submitted by the Contractor will be processed immediately.
By signing this Agreement, Client agrees that Contractor may auto-charge Client’s credit card on file for the agreed upon amount.
Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.
All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
Any and all Intellectual Property owned by Contractor, including any trademarks, trade secrets, patents and copyrights, whether appearing on Contractor’s website, in materials forwarded to Client during the contractor relationship, or elsewhere, shall at all times constitute Contractor’s Intellectual Property. Except in circumstances expressly authorized in a written agreement, no such Intellectual Property, including any material(s) transmitted as part of the Services rendered pursuant to this Agreement, may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted by Client to any third party in any way whatsoever without the express, written consent of Contractor.
In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
1. CLIENT - Mentioned Below
2. CONTRACTOR - Sims Coaching Systems
Limitation of Liability
Client hereby agrees that, unless the result of Contractor’s willful or intentional misconduct, Contractor’s total liability to Client for any and all injuries, claims losses, expenses or damages, arising out of or in any way related to the Services and/or this Agreement, from any cause or causes, including but not limited to Contractor’s negligence, errors, omissions, strict liability, breach of contract or breach of warranty (hereafter "Client’s Claims"), shall not exceed the sum of the total Program Fees received from Client.
Term of Sale
The membership fee can be paid in full in advance, or pursuant to a payment plan, in the manner and amount(s) specified on the contract.
By clicking the payment button and providing us with your payment information, you authorize us to process payment in the amount indicated for the Products and/or Services selected.
If you elect to pay the membership fee in monthly instalments as specified on the contract, you understand and agree that you are bound to pay the entire membership fee and you authorize us to charge your credit card on file every month from the date of your purchase for each monthly instalment, until the entire membership fee is paid in full.
If you elect to pay your membership fee via an available payment plan, you agree to keep your credit card information current. In the event that a payment is rejected, you agree to update and provide a valid form of payment within forty-eight (48) hours of the failed payment attempt.
If you fail to remit your payment within 7 days of your due date, membership, service and product access will be immediately suspended without notice. If payment is not received within 30 days of your due date, we will have no choice but to take further action including but not limited to the following:
Terminate access to all memberships, services and products without notice
Terminate your right to use any material or content provided by us
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.
To engage with us, the Client agrees to the above information and acknowledges that Contractor neither owns nor governs the actions of any third party, person, entity, platform, search engine, software, program, or system, and Contractor therefore makes no warranties in connection therewith. Client also acknowledges that, due to factors and conditions beyond Contractor’s control, the actions of the Client and any of its customers, partners, employees, agents and/or representatives, the actions of third parties, and other conditions and circumstances beyond Contractor’s control, it is impossible for Contractor to guarantee any specific results. Contractor therefore does not guarantee and makes no warranties that the services provided hereunder will meet any specific intended results.
2206 Petersen Pl
Nanaimo, BC V9S4N5
Wilmington, DE 19808