Payments made to the Consultant shall not constitute or be construed as acceptance of any of the Services performed by the Consultant under this Agreement.
The Consultant is an independent contractor, and nothing herein shall be construed to create or imply that there exists between the parties a partnership, joint venture, or other combined business organization. The Consultant shall hold no authority, express or implied, to commit, obligate, or make representations on behalf of the Company and shall make no representation to others to the contrary. Nothing herein is intended or shall be construed for creating the relation of employer and employee or agent and principal between the parties.
Except as otherwise specified herein, the Consultant retains the right to direct, control, or supervise the details and means by which the consulting services are provided. The Records shall be subject to inspection and audit by the Company and the Government at all reasonable times and upon reasonable notice for a period of three 3 years after final payment under this Agreement. Information that is disclosed orally or visually to a receiving party shall also be deemed Proprietary Information if the disclosing party identifies such information as proprietary at the time of disclosure and, within thirty 30 days after such disclosure, reduces the subject matter of the disclosure to writing and submits it to the receiving party.
A receiving party shall hold Proprietary Information received from the disclosing party in confidence, shall use such information only for the purpose of and in accordance with this Agreement, and shall not further disclose such information to any third party without the prior written approval of the original disclosing party.
The restrictions of this Section shall not apply to any information i lawfully received from another source free of restriction and without breach of this Agreement; ii that is published or becomes generally available to the public without breach of this Agreement; iii known by the receiving party prior to the time of disclosure; iv independently developed by the receiving party without resort or access to the Proprietary Information; or v that the disclosing party has approved for further release by the receiving party.
Proprietary Information shall remain the property of the disclosing party and shall be returned to that party or destroyed by the receiving party upon written request or termination or expiration of this Agreement.
The receiving party may retain one copy of all written Proprietary Information in the files of its legal counsel and for archival purposes only. The Consultant agrees to procure and maintain during the term of this Agreement, at their own cost and expense, liability and property damage insurance, including automobile and contractual liability, with the following minimum liability limits:. The Consultant agrees to provide appropriate certificates or other evidence of such insurance coverage as may be requested by the Company.
The Consultant agrees that the procurement and maintenance of the above insurance coverage shall not limit or affect any liability that the Consultant may incur under this Agreement or otherwise. The Consultant is responsible for maintaining a safe workplace by following commercially accepted safety and health rules and practices.
The Company is committed to keeping its workplaces free from hazards. The Consultant shall defend, indemnify, and hold the Company and its officers, directors, and employees harmless from and against all expenses, costs, damages, liabilities, and losses incurred by the Company in connection with any claim, investigation, demand, action, suit, or proceeding arising out of or resulting from the provision of any medical care, transportation, or treatment to those individuals performing Services on behalf of the Consultant hereunder.
Except as required by law, the Consultant shall not issue any press release or make any other public statement relating to this Agreement, any Services performed under this Agreement, or any of the transactions contemplated by this Agreement without obtaining the prior written approval of the Company. If the Company is not reasonably satisfied with any Service, it will notify the Consultant with a written explanation of the deficiency.
The foregoing procedure will be repeated until the Company accepts or finally rejects the Service. This Agreement may be terminated by either party in the event the other party fails to perform its obligations hereunder on time, fails to assure timely performance, or otherwise fails to perform its material obligations; provided, however, that prior to such termination the terminating party notifies the defaulting party in writing at least ten 10 days in advance, states the reasons why the Agreement should be terminated and affords the defaulting party an opportunity to cure any alleged default during such ten 10 day notice period.
Either party may terminate this Agreement, upon notice and without liability, in the event that the other party: a files a petition in bankruptcy; b has filed against it an involuntary petition in bankruptcy not dismissed within sixty 60 days; c consents to the appointment of a receiver, custodian, trustee, or liquidator; or d dissolves, liquidates, or makes a general assignment for the benefit of creditors. The Company may terminate this Agreement, or any Services to be performed hereunder, in whole or in part, without cause and for its own convenience, by providing the Consultant with written notice of termination at least seven 7 days in advance, specifying the extent to which the Agreement is so terminated and the date upon which such termination becomes effective.
The Company shall have no liability for such termination except for liability for Services rendered or expenses incurred by the Consultant in accordance with this Agreement prior to the effective date of such termination and for which payment has not been made.
Upon termination of this Agreement, the Consultant shall return to the Company all copies of any Company data, records, or materials of whatever nature and regardless of media format. The Consultant shall also furnish the Company with all work in progress or portions thereof.
Within thirty 30 days following the termination or expiration of this Agreement, the Consultant shall submit to the Company a termination proposal detailing the work completed and accepted by the Company and the proposed value of such work.
Upon payment of the agreed to termination settlement amount, the Company shall thereafter have no liability or obligation to the Consultant for any further compensation, fees, expenses, or other payments related to this Agreement. Neither the Company nor its officers, directors, employees, affiliates, or parent companies shall be liable for any injury to the person or property of the Consultant or its employees or contractors, except to the extent that such injury was directly caused by the fault or negligence of the Company or its employees acting within the scope of their employment.
This Agreement is duly executed by the authorized representatives of the parties as set forth below:. Company] Created by: [Consultant. Term The term of this Agreement shall commence on the Effective Date and continue until [Effective Date] unless otherwise modified by mutual, written agreement of the parties or terminated as set forth herein.
Reimbursement for reasonable and actual expenses shall be made in accordance with the following rates: Air travel — Lowest unrestricted coach fare Rented Automobile — Compact type, unless not practical Meals, Incidentals, Lodging Accommodations , and Private Vehicle Usage — Actual and reasonable costs supported by original receipts Miscellaneous Expense — Actual and reasonable pre-approved costs that are directly and reasonably required for the performance of the Services Alcohol and most entertainment costs are NOT allowable expenses, will not be reimbursed by the Company, and shall not be included in any manner in any invoice submitted hereunder.
Independent Contractor The Consultant is an independent contractor, and nothing herein shall be construed to create or imply that there exists between the parties a partnership, joint venture, or other combined business organization. Intellectual Property Rights a. The Consultant hereby agrees to cause itself and any individuals contracted or employed by it to perform work hereunder to waive all moral rights and rights to all intellectual property, including Inventions and copyrightable materials, created by such individuals in their performance of this Agreement.
In this regard, the Consultant further agrees to promptly notify the Company of any such limitation of which the Consultant is aware concerning said materials.
Should any such conflict of interest arise during the term of this Agreement, the Consultant covenants and agrees to immediately notify the Company.
Insurance The Consultant agrees to procure and maintain during the term of this Agreement, at their own cost and expense, liability and property damage insurance, including automobile and contractual liability, with the following minimum liability limits: 1.
This Agreement shall commence on the date stated above, and shall remain in effect until all obligations under this Agreement have been properly completed. Either party to this Agreement may terminate this Agreement with or without cause by providing at least 21 days written notice to the other party. Client shall provide requisite training for additional products or services required by this Agreement which are not within BizTech Inc.
It is expressly understood that this undertaking is not a joint venture. All such information concerning Client is hereinafter collectively referred to as "Confidential Information. Any rights granted to BizTech Inc. Conflict of Interest. This Agreement shall be construed and enforced in accordance with the laws of the Province of British Columbia.
This Agreement contains the entire understanding of the parties and may not be amended without the specific written consent of both parties. Any notice given under this Agreement shall be sufficient if it is in writing and if sent by certified or registered mail. Client and BizTech Inc. Actively scan device characteristics for identification.
Use precise geolocation data. Select personalised content. Create a personalised content profile. Measure ad performance.
Select basic ads. Create a personalised ads profile. Select personalised ads. Apply market research to generate audience insights. Measure content performance. Develop and improve products. List of Partners vendors. Management Communications. By Susan Ward. She has run an IT consulting firm and designed and presented courses on how to promote small businesses.
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