BEARD ADMIN SERVICES - TERMS & CONDITION FOR CONTRACT & NON-DISCLOSURE AGREEMENTS
Compensation paid is for the specific services selected only and includes fees payable to the Beard Admin Services or its affiliates. Compensation for the selected services is non-refundable and at the minimum, the Client agrees that the service fee fairly compensates the firm for committing to provide the selected services.
Independent Contractor Relationship.
Beard Admin Services or its affiliates relationship with Client will be that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship. No part of Beard Admin Services’ compensation or its affiliates will be subject to withholding by Client for the payment of any social security, federal, state, or any other employee payroll taxes.
Ownership of Work Product.
Beard Admin Services or its affiliates agrees that all work product developed by their firm or in conjunction with others in connection with the performance of services pursuant to this Agreement is and shall be the sole property of Client, and the firm shall retain no ownership, interest, or rights therein. Work product includes but is not limited to names, logos, graphics, memoranda, slogans, and taglines.
Confidential Information. "CONFIDENTIAL INFORMATION" as used in this Agreement shall mean any and all technical and nontechnical information including patent, copyright, trade secret, proprietary information, computer files, and client information related to the past, current, future, and proposed services of Client and includes, without limitation, Client property, and Client's information concerning customers, research, financial information, purchasing, business forecasts, sales and merchandising, and marketing plans and information.
Nondisclosure and Nonuse Obligations. Beard Admin Services and its affiliates agrees to protect the confidentiality of all Confidential Information and, except as permitted in this section, consultant shall neither use nor disclose the Confidential Information. Beard Admin Services or its affiliates may use the Confidential Information solely to perform the services to be rendered under this Agreement for the benefit of Client.
Client shall be responsible for forwarding all requested information to Beard Admin Services or its affiliates in a timely manner. Beard Admin Services or its affiliates is not responsible for turnaround time if client fails to submit all requested information in a timely manner. Client is aware and in agreeance that this contract is for contracts, NDA’s (Non-Disclosure Agreements) or waivers only. If Client fails to submit the required information in an accurate and timely manner, Client understands that this may result in a delay of the completion of their project. Client understands and agrees that he/she are entitled to complimentary Contract, NDA, or Waiver editing after completion of the project for 30-days only. Client understands and agrees that he/she must approve a Contract, NDA, or Waiver via email stating it is approved. Upon approval Consultant will release all files to Client and have no claims or ownership of said documents.
In any event caused by the Beard Admin Services or its affiliates or a representative of said company that results in non-completion of the project, Beard Admin Services or its affiliates will only issue a refund of the remaining amount for the work that has not been completed. Client is aware and knowledgeable that the Beard Admin Services or its affiliates is not an attorney and is a consulting firm only.
Governing Law. This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Illinois. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Illinois, as applicable, for any matter arising out of or relating to this Agreement, except that in actions seeking to enforce any order or any judgment of such federal or state courts located in Illinois, such personal jurisdiction shall be nonexclusive.
Severability. Termination of this agreement must be submitted in writing via email 10 days before the date of desired termination. If Client for any reason shall not be satisfied with the services provided by Beard Admin Services and its affiliates, Client must submit this reason in writing immediately via email to firstname.lastname@example.org for a mediated resolution. Should the client terminate this contract due to unsatisfactory work, Client agrees that he/she or their company does not have the right to defame the character of Beard Admin Services, its affiliates, any other representative of the firm or tarnish the reputation of the company in any way, shape or form. If any provision of this Agreement is held by a court of law to be illegal, invalid, or unenforceable, (a) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (b) the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
Injunctive Relief for Breach. Beard Admin Services or its affiliates agrees that their obligations under this Agreement are of a unique character that gives them particular value. Beard Admin Services or its affiliates breach of any of such obligations will result in irreparable and continuing damage to Client for which there will be no adequate remedy at law; and, in the event of such breach, Client will be entitled to injunctive relief and/or a decree for specific performance, and such other and further relief as may be proper, including monetary damages if appropriate.