THIS SERVICE AGREEMENT (the “Agreement”) dated this 8/2/2019
BETWEEN
COMPANY RECEIVER'S NAME of COMPANY RECEIVER'S ADDRESS
(the “Customer”)
- AND -
COMPANY SENDER'S NAME of COMPANY SENDER'S ADDRESS
(the “Service Provider”).
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Overview:
The Customer is
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a corporation, company or an individual who have been purchased usage license and/or subscribed to a service provided by MiracleLab hereby called “Service Provider”.
The Service Provider is agreeable to providing such services to the Customer 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 Customer and the Service Provider (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
Customer Right of Usage
Services Provided
1. The Customer hereby agrees to engage the Service Provider to provide the Customer with services (the “Services”) consisting of:
• Providing the following services by demand: marketing consultation, marketing development, advertising material, graphic design, web design, web development, audiovisual and photography.
2. The Services will also include any other tasks which the Parties may agree on. The Service Provider hereby agrees to provide such Services to the Customerprovided to customer are includes following rights to customer:
Right of using apps and services for business and personal purpose, customer is not able to resell the whole or partial of service/apps to another party unless service provider agreed upon.
Customer have the right to cancel subscription at the end of subscription period and the subscription fee non-refundable for the terms customer used the service.
Term of Agreement
3. The term of this Agreement (the “Term”) will begin on the date of this Agreement first day of activating product by customer after trial period if any, and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
4. In the event that either Party wishes to terminate this Agreement, that Party will be required to provide 30 days notice to the other Party.
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Performance
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Currency
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Compensation
8. For the services rendered by the Service Provider as required by this Agreement, the Customer will provide compensation (the “Compensation”) to the Service Provider as follows:
• The Customer will pay the Service Provider per project agreed. Each project has its own costs and the Service Provider agrees to inform the Customer what are the costs involved when setting the quotation and the Customer agrees to pay the total amount when the project is delivered.
9. The Compensation will be payable upon completion of the Services.
10. The Service Provider is responsible for paying any Superannuation Guarantee contributions that may be required in relation to the work performed by the Service Provider or by employees of the Service Provider under this Agreement.
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Provision of Extras
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Reimbursement of Expenses
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Confidentiality
14. via uninstalling or unsubscribing to service.
Warranty
The Customer is fully aware that there is no warranty or guaranty included in service provided by Service Provider, this does not include necessary training material or required support if customer needed while using apps or services.
Confidentiality
Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the Customer which would reasonably be considered to be proprietary to the Customer including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Customer and where the release of that Confidential Information could reasonably be expected to cause harm to the Customer.
15. The Service Provider agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Service Provider has obtained, except as authorized by the Customer. This obligation will survive indefinitely upon termination of this Agreement.
16. All written and oral information and material disclosed or provided by the Customer to the Service Provider 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 Service Provider.
Return of Property
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Capacity/Independent Contractor
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Notice
19. 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 of this Agreement as follows:
a. COMPANY RECEIVER'S NAME COMPANY RECEIVER'S ADDRESS Email: receiver@email.com
b. COMPANY SENDER'S NAME COMPANY SENDER'S ADDRESS Email: sender@email.com
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Australian Business Number (ABN)
20. The Australian Business Numbers (ABN's) for the Parties to this Agreement are as follows:
a. RECEIVER: ABN Number (Receiver)
b. SENDER: ABN Number (Sender)
Australian Company Number (ACN)
21. The Australian Company Numbers (ACN's) for the Parties to this Agreement are as follows:
a. RECEIVER: ACN number (receiver)
b. SENDER: ACN Number (Sender)
Dispute Resolution
22. In the event a dispute arises out of or in connection with this Agreement, the Parties will attempt to resolve the dispute through friendly consultation.
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Modification of Agreement
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Time of the Essence
25. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
Assignment
26. The Service Provider will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Customer.
Entire Agreement
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Enurement
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Titles/Headings
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Gender
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Governing Law
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Severability
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Waiver
33. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisionsreserve its right to transfer operations, support and ownership of apps and service to third party and in such case this agreement and any other agreement between Service Provider and customer will remain the same and with prior notice to the Customer.