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 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:

  1. A complete, sufficiently-detailed description of the types of services to be rendered.
  2. The applicable billing rates and fees for the Services to be rendered (Services Fees); and
  3. 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.

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 Client for the Services Fees. Client agrees to remit full payment upon its receipt of the invoice. Once the service fees payment is received, work will be scheduled and completed.

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.

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. Company shall disclose Proprietary Information received under this Agreement to 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 irreparable inquiry to Client for which damages and other legal remedies will be inadequate. In seeking enforcement of any of these obligations, 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.

Warranties

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 (Business plan video link) and the .  Customer agrees to watch business plan video in its entirety.

General Provisions

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 indure 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 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 reasonable 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.

Writing Provisions

7.1       Our firm does use templates in some business plan sections (ex. Funding request, 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 available information, such as experience or research to compensate.  No guarantees are provided in relations to the accuracy of our information found.

7.3       If a business plan consists of competitor research, 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 “moderately” customized to your business. Excessive changes to the spreadsheet will incur additional charges.  Excel Financial Model is NOT included in business plan price.

7.5       The business plan process includes two phone consultations. The initial consultant and a 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.

Business Plan and other Writing Revisions

8.1       A business plan, and other writing, revisions consists of correcting misspellings, ensuring 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.

8.2       Revisions DO NOT include adding adjectives and adverbs to make a product or service sound 'mind-blowing'.  Nor do revisions include structuring a sentence(s) to 'sound best' to the owner or other use of the business plan.  Finally, revisions do not include adding additional information.

8.3       Clients are allowed two revisions. Initial revision request 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 revised document.

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.