BRESS- Terms of Service Agreement
Please take the time to read this entire Agreement Contract.
By engaging with Business and Real Estate Service and Solutions, LLC, (BRESS) you expressly agree to the following standard terms and conditions:
In this Agreement, the party who is contracting to receive the services shall be referred to as the “Client” and the party who will be providing the services, BRESS, shall be referred to as the “Contractor”.
SUBCONTRACTORS:
The contractor will utilize the services of virtual assistants herein referred to as Subcontractors. All Subcontractors hired by the Contractor to assist in performing the tasks and duties shall be the responsibility of the Contractor unless specifically indicated otherwise in an agreement signed by all parties.
DESCRIPTION OF SERVICES:
- The contractor will provide the following services that may include but are not limited to:
- Billing and Invoicing
- Research & data entry
- Calendar and appointment management
- Website management
- Email management
- Other administrative duties that may arise
- Services may vary depending on the Client’s needs and Subcontractor’s abilities.
- The client agrees to give detailed instructions to the Subcontractor to complete each task.
- The client understands that some tasks may be outside of the Subcontractor’s abilities.
- Subcontractors will work a maximum of 160 hours per month to execute services, as delegated by the Client.
- Subcontractors will work in 15 min. increments to execute services, as delegated by Client.
ROLLOVER HOURS:
- Accumulation
- Rollover hours accumulate when you use fewer hours than your plan includes.
- Example: If you have a plan that includes 160 hours, and one month you only use 100 hours, you will accumulate 60 rollover hours.
- Rollover hours begin accumulating at the end of your second billing period
- Use
- Rollover Hours are used only after other hours have been depleted for the billing cycle.
- Example: If you have a plan that includes 160 hours, and one month you use 220 hours, the excess of 60 hours will be deducted from your accumulated Rollover Hours.
- Limitations
- Unused Rollover hours expire after 2 billing periods
- Example: RolloverHours you accumulate this August must be used by the end of September (the following month) or they will expire.
- Rollover Hours are not transferrable or redeemable for cash or credits.
- If your account is suspended, your current Rollover Hours continue to age, so any Rollover Hours that are not used with 2 billing periods will expire.
- Additional information
- All Rollover Hours will expire if you switch discontinue service
- All Rollover Hours will expire if you change to a plan that isn’t eligible for Rollover.
TERM:
- The Client shall have 30 days to use the hours purchased in the bucket of hours.
- The contractor will provide Client 30 days of service beginning on the date of this agreement (the service), Client may have the option to cancel and stop service on the next billing cycle. This period will still be paid and constitute as part of the 1st month’s payment if the Client does not cancel.
- The contractor will provide the Client a 20-day trial period beginning on the date of this agreement (the Trial), in which the Client may have the option to cancel and receive a refund on the unused hours.
Refunds will be processed within 15 days of written notice.
PAYMENT FOR SERVICES:
- Client shall pay Contractor the dollar amount associated with the chosen bucket of hours or plan (bucket of hours, full service, full service with coaching, mentorship program.)
- These installments will be due upfront for every bucket or plan and will begin on the date of this Agreement.
- All used hours and services are non-refundable.
- The client will be responsible for any extra expenses or subscriptions that may be needed for the Contractor to complete Client tasks.
TERMINATION:
- Client or Contractor may not, unless approved by the other party, terminate this agreement before the end of the Term.
- If the Client fails to purchase an additional bucket or plan without coming to an additional agreement with the Contractor, Client will be deemed as breaching this agreement. The contractor will stop work at the end of the term.
- If the Client breaches this agreement, the Contractor has the right to send the remaining debt balance to a collections agency, whose fees will be added onto the remaining debt balance.
- In the event of either party committing a crime, this agreement is deemed terminated immediately.
RELATIONSHIP OF PARTIES:
It is understood by the parties that the Contractor is an independent contractor. The Client shall not be responsible for withholding taxes with respect to the Contractor’s compensation hereunder but will supply Contractor with a 1099 form at the close of each calendar year. Additionally, The Client is not responsible for the Contractor’s vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
CONFIDENTIALITY:
Contractor and Subcontractors will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Contractor and Subcontractors, or divulge, disclose, or communicate in any manner, any information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this agreement. Upon termination of this agreement, the Contractor and Subcontractors will return to Client all records, notes, documentation, and other items that were used, created, or controlled by Contractor and Subcontractors during the term of this Agreement.
WARRANTIES & INDEMNIFICATION:
- Both parties warrant and represent that they are under no disability, restriction, or prohibition, whether contractual or otherwise, with respect to their right to execute this Agreement and perform its terms and conditions.
- Each party agrees to and does hereby indemnify, save and hold the other party harmless from any and all loss and damage (including reasonable attorneys’ʹ fees) arising out of, connected with or as a result of any inconsistency with, failure of, or breach by either party of any warranty, representation, agreement, promise, undertaking or covenant contained in this Agreement.
LEGAL FEES:
In the event that Contractor or Client is forced to obtain an attorney to enforce the terms of this Agreement, that party shall be entitled to recover from attorney’s fees incurred in such action.
CHOICE OF LAW:
The laws of the State of Utah shall govern the validity of this agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto. The courts located in the City of St. George Utah shall have exclusive jurisdiction over all disputes between Contractor and Client pertaining to this Agreement and all matters related hereto.
NON-SOLICITATION:
Client acknowledges that persons providing services to Client from BRESS are or may be subject to agreement prohibiting BRESS personnel from working, directly, or indirectly, for Client while employed by BRESS, Or in the event that BRESS ceases or terminates their working relationship with BRESS. Accordingly, Client agrees not to hire or otherwise permit services to be provided to Client by any past or present BRESS personnel, directly or indirectly, during the term of their employment or theater for twelve (12) months from the date that the Client terminates their relationship with BRESS. It is acknowledged that if Client/financially Responsible Party breaches this obligation, BRESS will suffer significant and irreparable injury in amounts difficult to ascertain. Therefore Company shall be entitled to enforce the terms of this provision by filing for temporary and permanent injunction and addition to any action for the recovery of damages sustained by Company.