Consumer Service Contract Agreement

Consumer Service Contract Agreement

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**CONSUMER SERVICE CONTRACT AGREEMENT** **THIS AGREEMENT** is made and entered into on this ______ day of _______, 20______ (hereinafter, the "Effective Date"). **BETWEEN:** (1) _________________, a company incorporated under the Companies Act, 2013, having its registered office at _____________________ (hereinafter referred to as the “Service Provider", which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the First Part; **AND** (2) _______________, an individual residing at ________________________ (hereinafter referred to as the “Consumer", which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include his/her heirs, executors, administrators and assigns) of the Second Part. **1. DEFINITIONS AND INTERPRETATION** 1.1 The definitions and rules of interpretation in this clause apply in this Agreement. **2. SCOPE OF SERVICES** 2.1 The Service Provider agrees to provide to the Consumer the services described in Schedule A attached hereto (the “Services"). **3. TERM AND TERMINATION** 3.1 This Agreement shall commence on the Effective Date and continue until terminated. **4. COMPENSATION** 4.1 As full consideration for the Services, the Consumer shall pay the Service Provider the compensation set forth in Schedule B. **5. CONFIDENTIALITY** 5.1 Each party undertakes to maintain the confidentiality of the information of the other. **6. INDEMNITY** 6.1 Each party agrees to indemnify and hold harmless the other from any claims arising out of this Agreement. **7. FORCE MAJEURE** 7.1 Neither party shall be liable for any failure to perform its obligations due to an event beyond the control of such party. **8. GOVERNING LAW AND JURISDICTION** 8.1 This Agreement shall be governed by and construed in accordance with the laws of India. **9. DISPUTE RESOLUTION** 9.1 Any disputes arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. **10. ENTIRE AGREEMENT** 10.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. **11. AMENDMENTS** 11.1 No amendment to this Agreement shall be effective unless it is in writing and signed by both parties. **12. WAIVER** 12.1 No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by the party waiving its rights. **13. SEVERABILITY** 13.1 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, the remainder of this Agreement shall continue in full force and effect. **14. NOTICES** 14.1 All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally or sent by registered post. **15. ASSIGNMENT** 15.1 Neither party may assign this Agreement without the prior written consent of the other party. **16. INDEPENDENT CONTRACTOR** 16.1 The Service Provider is an independent contractor and nothing in this Agreement shall be construed as creating an employer-employee relationship. **17. NO THIRD PARTY BENEFICIARIES** 17.1 This Agreement is for the benefit of the parties hereto and not for the benefit of any third party. **18. LIMITATION OF LIABILITY** 18.1 The Service Provider's liability under this Agreement shall be limited to the amount paid by the Consumer for the Services. **19. NON-SOLICITATION** 19.1 During the term of this Agreement and for a period of one year thereafter, the Consumer shall not solicit the employees or contractors of the Service Provider. **20. COMPLIANCE WITH LAWS** 20.1 Each party shall comply with all applicable laws in performing its obligations under this Agreement. **21. SURVIVAL** 21.1 The provisions of this Agreement which by their nature should survive termination shall survive termination, including confidentiality, indemnity, limitation of liability, and dispute resolution. **22. COUNTERPARTS** 22.1 This Agreement may be executed in counterparts, each of which shall be deemed an original. **23. DISCLOSURE** 23.1 The Service Provider shall disclose any potential conflict of interest to the Consumer. **24. NON-EXCLUSIVITY** 24.1 The Service Provider is free to provide similar services to other consumers. **25. WARRANTY** 25.1 The Service Provider warrants that the Services will be performed in a professional and workmanlike manner. **26. INTELLECTUAL PROPERTY** 26.1 Any intellectual property rights arising out of the performance of the Services shall belong to the Service Provider, unless otherwise agreed in writing. **27. RESOLUTION OF DISPUTES** 27.1 In case of any dispute, the parties shall first attempt to resolve the dispute amicably before resorting to arbitration. **28. BINDING EFFECT** 28.1 This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. **29. HEADINGS** 29.1 The headings in this Agreement are for convenience only and shall not affect its interpretation. **30. ATTORNEYS' FEES** 30.1 In any action to enforce this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs. **IN WITNESS WHEREOF,** the Parties have executed this Agreement as of the Effective Date. ______________________ Service Provider ______________________ Consumer (Note: This is a sample consumer service contract agreement for reference only. It is advisable to seek legal advice and customize this to your specific situation before using.)
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MM slash DD slash YYYY
MM slash DD slash YYYY
MM slash DD slash YYYY
Name Actions
 
Company Name Actions
 
Scope of Services
Term and Termination
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**CONSUMER SERVICE CONTRACT AGREEMENT** **THIS AGREEMENT** is made and entered into on this ______ day of _______, 20______ (hereinafter, the "Effective Date"). **BETWEEN:** (1) _________________, a company incorporated under the Companies Act, 2013, having its registered office at _____________________ (hereinafter referred to as the “Service Provider", which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the First Part; **AND** (2) _______________, an individual residing at ________________________ (hereinafter referred to as the “Consumer", which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include his/her heirs, executors, administrators and assigns) of the Second Part. **1. DEFINITIONS AND INTERPRETATION** 1.1 The definitions and rules of interpretation in this clause apply in this Agreement. **2. SCOPE OF SERVICES** 2.1 The Service Provider agrees to provide to the Consumer the services described in Schedule A attached hereto (the “Services"). **3. TERM AND TERMINATION** 3.1 This Agreement shall commence on the Effective Date and continue until terminated. **4. COMPENSATION** 4.1 As full consideration for the Services, the Consumer shall pay the Service Provider the compensation set forth in Schedule B. **5. CONFIDENTIALITY** 5.1 Each party undertakes to maintain the confidentiality of the information of the other. **6. INDEMNITY** 6.1 Each party agrees to indemnify and hold harmless the other from any claims arising out of this Agreement. **7. FORCE MAJEURE** 7.1 Neither party shall be liable for any failure to perform its obligations due to an event beyond the control of such party. **8. GOVERNING LAW AND JURISDICTION** 8.1 This Agreement shall be governed by and construed in accordance with the laws of India. **9. DISPUTE RESOLUTION** 9.1 Any disputes arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. **10. ENTIRE AGREEMENT** 10.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. **11. AMENDMENTS** 11.1 No amendment to this Agreement shall be effective unless it is in writing and signed by both parties. **12. WAIVER** 12.1 No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by the party waiving its rights. **13. SEVERABILITY** 13.1 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, the remainder of this Agreement shall continue in full force and effect. **14. NOTICES** 14.1 All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally or sent by registered post. **15. ASSIGNMENT** 15.1 Neither party may assign this Agreement without the prior written consent of the other party. **16. INDEPENDENT CONTRACTOR** 16.1 The Service Provider is an independent contractor and nothing in this Agreement shall be construed as creating an employer-employee relationship. **17. NO THIRD PARTY BENEFICIARIES** 17.1 This Agreement is for the benefit of the parties hereto and not for the benefit of any third party. **18. LIMITATION OF LIABILITY** 18.1 The Service Provider's liability under this Agreement shall be limited to the amount paid by the Consumer for the Services. **19. NON-SOLICITATION** 19.1 During the term of this Agreement and for a period of one year thereafter, the Consumer shall not solicit the employees or contractors of the Service Provider. **20. COMPLIANCE WITH LAWS** 20.1 Each party shall comply with all applicable laws in performing its obligations under this Agreement. **21. SURVIVAL** 21.1 The provisions of this Agreement which by their nature should survive termination shall survive termination, including confidentiality, indemnity, limitation of liability, and dispute resolution. **22. COUNTERPARTS** 22.1 This Agreement may be executed in counterparts, each of which shall be deemed an original. **23. DISCLOSURE** 23.1 The Service Provider shall disclose any potential conflict of interest to the Consumer. **24. NON-EXCLUSIVITY** 24.1 The Service Provider is free to provide similar services to other consumers. **25. WARRANTY** 25.1 The Service Provider warrants that the Services will be performed in a professional and workmanlike manner. **26. INTELLECTUAL PROPERTY** 26.1 Any intellectual property rights arising out of the performance of the Services shall belong to the Service Provider, unless otherwise agreed in writing. **27. RESOLUTION OF DISPUTES** 27.1 In case of any dispute, the parties shall first attempt to resolve the dispute amicably before resorting to arbitration. **28. BINDING EFFECT** 28.1 This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. **29. HEADINGS** 29.1 The headings in this Agreement are for convenience only and shall not affect its interpretation. **30. ATTORNEYS' FEES** 30.1 In any action to enforce this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs. **IN WITNESS WHEREOF,** the Parties have executed this Agreement as of the Effective Date. ______________________ Service Provider ______________________ Consumer (Note: This is a sample consumer service contract agreement for reference only. It is advisable to seek legal advice and customize this to your specific situation before using.)
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