Consulting Services Agreement
THIS SERVICES AGREEMENT (the Agreement) is made effective, by and between Quality Business Plan (Company) and __________ (Client).
THE PARTIES AGREE AS FOLLOWS:
Scope of Services
1.1 Quality Business Plan by Paul Borosky, MBA. will provide the Client with a business plan, ghostwriting service, consulting, or other service, as mutually agreed upon and described in the attached Statement of Work. All writing/consulting services to be provided hereunder will be referred to as Services.
1.2 Statements of Work will be a written document setting forth at a minimum:
- A complete, sufficiently-detailed description of the types of services to be rendered.
- The applicable billing rates and fees for the Services to be rendered (Services Fees); and
- Any additional terms and conditions to which the parties may agree.
1.3 The parties contemplate that it may be desirable to make changes to the Statement(s) of Work. Before performing any work associated with any such change, a written Change Order shall set forth the necessary revisions to the Statement(s) of Work, and the parties shall agree in writing that such work constitutes a change from the original Statement of Work, as amended, and that they further agree to the change provisions set forth in the Change Order. Each Change Order shall be numbered serially.
1.4 No additional information will be included in the business plan after the initial meeting is completed unless agreed upon during the meeting. Additional information submission constitutes exceeding the scope of work agreed upon, which may lead to additional charges, delayed business plan delivery, forfeit of funds, and or business plan being canceled. ___ (Initial)
1.5 The final product will be emailed to the Client(s) in a Word Document and PDF File.
1.6 Client agrees to hold Quality Business Plan, its owner, and employees harmless from any errors and or omissions in the business plan, financial model, financial projections, and any other writing or research conducted.
1.7 Client agrees to thoroughly review the business plan for any errors and or omissions, AND request needed changes BEFORE releasing the business plan to third parties for funding or other purposes. _____ (Initial)
Services, Fees, and Expenses.
2.1 Client shall be responsible for all Service Fees as identified in the applicable Statement(s) of Work (and Change Orders, as applicable) before Services are provided.
2.2 Quality Business Plan will invoice the Client for the Services Fees. The Client agrees to remit full payment upon its receipt of the invoice within 72 hours. Once the service fees payment is received, work will be scheduled and completed. After 72 hours, the scope of work and payment link will expire. From this point, a new scope of work and payment link will need to be created and agreed upon.
Term and Termination.
3.1 NO REFUNDS - Both the Client and Company have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. NO REFUNDS shall be offered where a Service is deemed to have begun and is, for all intents and purposes, underway. _____ (Initial)
Proprietary Rights: Non-Disclosure Agreement (NDA)
4.1 For a period of twenty-four (24) months from the date hereof, Company shall hold in trust and confidence, and not purposely disclose to others or use for Company’s own benefit or for the benefit of another, any Proprietary Information which is disclosed to Company by Client at any time between the date hereof and twenty-four (24) months thereafter. The Company shall disclose Proprietary Information received under this Agreement to a person within its organization or to a third party only if such persons or entities have a need-to-know basis.
4.2 The undertakings and obligations of the Company under this Agreement shall not apply to any Proprietary Information which: (a) is described in an issued patent anywhere in the world, is disclosed in a printed publication available to the public, or is otherwise in the public domain; (b) is generally disclosed to third parties by Client without restriction on such third parties, or is approved for release by written authorization of Client; (c) if not designated “confidential” at the time of first disclosure to the Company to be of a secret, confidential or proprietary nature.
4.3 Title to all property received by the Company from Client, including all Proprietary Information, shall remain at all times the sole property of Client, and this Agreement shall not be construed to grant to the Company any patents, licenses, or similar rights to such property and Proprietary Information disclosed to the Company hereunder.
4.4 Quality Business Plan shall, upon request of Client, return to Client, at the Client’s cost, all documents, drawings, and other tangible materials, including all Proprietary Information and all manifestation thereof, physically delivered to the Company.
4.5 Any purposeful breach by Quality Business Plan of any of our obligations under this Agreement will result in an irreparable injury to the Client for which damages and other legal remedies will be inadequate. In seeking enforcement of any of these obligations, the Client will be entitled (in addition to other remedies) to preliminary and permanent injunctive and other equitable relief to prevent, discontinue and or restrain the breach of this Agreement.
5.1 Quality Business Plan warrants that the Services to be provided under this Agreement shall be performed in a professional manner conforming to the business plan example videos posted by the Company (Express Business Plan) (Express Plus Business plan video link) (Traditional Business plan video link) (Advanced Business plan video link). The customer agrees to watch the business plan video in its entirety. _____ (Initial)
6.1 If any provision of this Agreement is invalid or unenforceable, then such provision shall be construed and limited to the extent necessary or severed if necessary in order to eliminate such invalidity or unenforceability, and the other provisions of this Agreement shall not be affected, thereby.
6.2 This Agreement shall be binding upon and will endure to the benefit of the parties hereto and their respective successors and assigns.
6.3 Any assignment in violation of these terms is void.
6.4 This Agreement is governed by and will be construed in accordance with the laws of the State of Florida, and the courts of Seminole County, Florida, shall be the exclusive forum.
6.5 This Agreement is in addition to any prior written agreement between Client and the Company relating to the subject matter of this Agreement; in the event of any disparity or conflict between the provision of such agreements, the provision which is more protective of Proprietary Information shall control. This Agreement may not be modified, in whole or in part, except by an agreement in writing signed by the Client and the Company.
6.8 This Agreement, all attached schedules, and all other agreements referred to herein or to be delivered by the parties pursuant hereto represents the entire understanding and agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them and supersedes and replaces any and every other Agreement or understanding which may have existed between the parties to the extent that any such agreement or understanding relates to providing Services to the Client. The Client hereby acknowledges that it has not reasonably relied on any other representation or statement that is not contained in this Agreement or made by a person or entity other than Paul Borosky. To the extent, if any, that the terms and conditions of Client’s orders or other correspondence are inconsistent with this Agreement, this Agreement shall control.
7.1 Our firm does use templates in some business plan sections (ex., funding requests, job descriptions, financial model, etc.) Because of this, Quality Business Plan retains copyright ownership of all business plans.
7.2 Clients are solely responsible for providing accurate business information, such as startup costs, estimated sales, operating costs, etc., to our business plan writers. Without accurate information, our business plan writers and business plan consultants will use general estimates, NOT researched, to compensate. No guarantees are provided in relation to the accuracy of our information used as a placeholder. _____ (Initial)
7.3 If a business plan consists of competitor research, the Client will provide us with two competitors before making the full payment for the business plan. If no competitors are provided, two competitors will be chosen by our business plan writer.
Our competitor research consists of website reviews, user feedback, and other information available online or through possible phone conversations. We do not provide competitor revenues, costs, or other proprietary information about private companies.
7.4 Our business plan price includes our business plan writer’s usage of our proprietary excel spreadsheet, which is “minimally” customized for your business. Excessive changes to the spreadsheet may not be available or will incur additional charges. Excel Financial Model is NOT included in the business plan price. _____ (Initial)
7.5 The business plan process includes two phone consultations. The initial consultation and consultation after the initial business plan is emailed. Additional phone consultants may be billed at an hourly rate.
7.6 Industry research is summarized from IBIS World market reports available through their standard subscription. Each business plan will include industry research from ONE industry. Additional industry research is available at an additional cost. All Industry research is based on a national perspective. No local market research is included in any plan except for competitor research.
7.7 Quality Business Plan’s business plan writers, grant writers, and ghostwriters are academic writers. This means that, for the most part, we use passive verbiage to allow for a clear and unbiased view of your business. _____ (Initial)
Business Plan and other Writing Revisions
8.1 A business plan and other writing revisions consist of correcting misspellings, ensuring the document is grammatically correct, and products, services, competitors, and industries are described accurately. Finally, a revision may include updating financial information, such as sales projections. _____ (Initial)
8.2 Revisions DO NOT include adding adjectives and or changing adverbs to make a product or service sound ‘mind-blowing.’ Nor do revisions include structuring a sentence(s) to ‘sound best’ to the Client or other use of the business plan. Finally, revisions do not include adding additional information or editing work added by the Client. _____ (Initial)
8.3 Clients are allowed two revisions for most plans. Initial revision requests must be sent within 30 calendar days of our firm emailing the initial rough draft. Requests to revise a revision must be made within 5 calendar days of the email date of the revised document. All revisions must be completed on the original file, which is in possession of Quality Business Plan. _____ (Initial)
8.4 All requests for revisions must be emailed to Paulb@qualitybusinessplan.com. Revisions do not include requests for more information. Additional prices may apply for additional information or services. Additional revisions after the 30-day period or exceeding allowed revisions will be billed at the current business consulting rate or denied.
8.5 All revisions are made on Quality Business Plan’s master file. NO revisions will be made to edited work by the Client. _____ (Initial)