Services Agreement

Terms

1.    Description Of Services

As indicated on checkout page.

2.    Payment

Payment shall be made to The Motivated Co. LLC, DB Zero to Entrepreneur in the total amount of

Total: as indicated and agreed to on checkout page.

Client will be billed through an invoicing system, with invoices to be automatically billed as indicated and agreed on the checkout page.

Payment shall be made in full prior to the start of services per project or adhere to the agreed upon payment plan until termination of this agreement.

All payments shall be accepted as payments via Credit Card.

All payments will be converted to USD.

Late Payment Policy

All payments made after 3 days past the invoice due date will be assessed a $50 late fee, after which a $10 per day fee will be charged to the delinquent account.  After 21 days of delinquency, the account will be forwarded to collections. All services will cease to be provided until the account balance is paid in full.

In addition, any other rights or remedy provided by law, if Client fails to pay for the services when due, Business Owner has the option to treat such failure to pay as the material breach of this contract and may cancel this Contract and/or seek legal remedies.

3.    Duration

The Motivated Co. LLC, DB Zero to Entrepreneur will render services to the client for an initial period of the agreed-upon project start date until all project deliverables are met and transferred to the client or the agreed-upon project end date, whichever comes first. The duration of the project and deliverables met can be negotiated if needed. Client and Business Owner must both mutually agree to any new terms or changes to the duration, scope, and price of services. Email notice of the changes can serve as an amendment to this contract.

4.    Term & Termination

This Contract may be terminated by either party upon 30 days’ prior written notice to the other party. An email notice by one party will suffice.

5.    Availability

Client will not control the time and manner of work that the Business Owner undertakes.  However, the Business Owner agrees to provide a weekly update on projects/assigned deliverables. The Business Owner also agrees to meet all deliverables by the due dates assigned.

Business Owner will not be available on major US Holidays unless previous agreements have been made.

New Years Eve

New Years Day

Martin Luther King Jr. Day

Memorial Day

Independence Day

Labor Day

Veterans Day

Thanksgiving Eve

Thanksgiving Day

Day after Thanksgiving

Christmas Eve

Christmas Day

6.    Non Exclusivity

Business Owner may be engaged or employed in any other business,  trade, or profession, or other activity which does not place Business Owner in conflict of interest with the Clients deliverables.

7.    Cancellation and Refund Policy

The refund policy in effect for the term of this Agreement is as follows:

CANCELLATION AND REFUND POLICY

All contracts are binding. The Motivated Co. LLC, DB Zero to Entrepreneur does not offer refunds on services. It is to the Client benefit to decide before purchasing your package and committing to work with The Motivated Co. LLC, DB Zero to Entrepreneur that we are the right fit for your company. It is important that you prioritize our work together to receive the full benefit of your package.

Once the duration of the contract is met, either party may opt to conclude the agreement without penalty. Otherwise, the two parties may extend the agreement for 30-day increments so long as both parties agree and/or unless a new duration is agreed upon. Email notification shall suffice.

Furthermore, project deliverables are set prior to the project start date and do not transfer or roll over to any following project work. Additional deliverables can be negotiated but must be agreed upon, in writting and paid in full prior to services rendered. 

Should Client chose to terminate Contract without cause prior to the end of the contract date, the Client must provide The Motivated Co. LLC, DB Zero to Entrepreneur with a written or typed notice of termination and compensation equal to the amount to be paid to The Motivated Co. LLC, DB Zero to Entrepreneur over the duration of the initial contract period.

8.    Work Product Ownership

Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by Business Owner in connection with the services will be the exclusive property of the Client.  Upon request Business Owner will execute,  within a reasonable period of time, all documents necessary to confirm or perfect the exclusive ownership of Client to the Work Product.

9.    Confidentiality

Business Owner and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly,  use for the personal benefit of Business Owner or divulge,  disclose, or communicate in any manner, any information that is proprietary to Client. Business Owner and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. Any oral or written waiver by Client of these confidentiality obligations which allows Business Owner to disclose Clients confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.

Upon termination of this Contract, Business Owner will return to Client all records, notes, documentation, and other items that were used, created, or controlled by Business Owner during the term of the Contract.

10.    Default

The occurrence of any of the following shall constitute a material default under this Contract:

a. The failure to make a required payment when due.

b. The insolvency or bankruptcy of either party.

c.  The subjection. of any of either party’s property to any levy, seizure, general assignment, or sale for or by any creditor or government agency.

d.  The failure to make available or deliver the Services in the time and manner provided for this Contract

11.    Limitations of Liability

The Motivated Co. LLC, DB Zero to Entrepreneur and its affiliates shall not be liable for any special, incidental, punitive, or consequential damages or any lost profits, loss of use, loss of data, or loss of goodwill, or the cost of procuring substitute products arising out of or in connection will this Agreement. Whether such liability arises from any claim based upon breach of contract, breach of warranty, tort (including negligence), product liability, or any other cause of action or theory of liability,  in no event will Business Owner and its affiliate’s total cumulative liability under or arising out of the Agreement exceed USD $10.00. The nature of. the liability or the number of claims or suits shall not enlarge or extend this limit.  These exclusions and limitations of liability shall apply regardless if Business Owner or its affiliates have been advised of the possibility of such damages, and regardless of whether a remedy fails its essential purpose.

12.    Guarantees

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13.    Remedies

In addition to any and all other rights, a party may have available according to law; if a party defaults by failing to substantially perform any provisions,  term or condition of this Contract (including without limitation the failure to make a monetary payment when due) the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of. this Contract.

14.    Force Majeure

if performance of this Contract or any obligation under this Contract is prevented,  restricted, or interfered with by causes beyond either party’s reasonable control (” Force Majeure”),  and if the party is unable to carry out its obligations gives the other party prompt written notice of such event, the obligations of the party invoking this provision shall be suspended to the extent necessary by such event.  The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease, or any other public health crisis, including quarantine, or other employee restrictions, fire, explosion, vandalism, storm, or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or. caused by such party, or its employees, officers, agents,  or affiliates.

15.    Dispute Resolution

The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper juristition.

16.    Indemnification

Client and Business Owner shall each defend, indemnify, and hold each other harmless (including all affiliates, directors, employees, agents, successors, and assigns) from and against all losses, damages, liabilities, deficiencies, actions, judgments, interests, awards, penalties, fines, costs, or expenses, of whatever kind (including reasonable attorneys fees) arising out of or resulting from bodily injury, death of any person, damages, real or intangible, to personal property resulting from the others acts or omissions or the breach of any representation, warranty, or obligation, under this Agreement.

17.   Attorneys Fees to Prevailing Party

In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney’s fees and costs, both in the trial court and appeal.

18.    Governing Law

This contract shall be construed in accordance with the laws of the State of Texas in the United States of America.

19.    Notice

Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person. or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other addresses as one party may have furnished to the other in writing.

20.    Waiver of Contractual Right.

The failure of either party to enforce any provision of this Contract. shall not be construed as a waiver or limitation of that party’s right to subsequently enforce any compel strict compliance with every provision of this Contract.

21.   Construction and Interpretation

The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.

22.    Amendment

This Contract may be modified or amended. in writing by mutual agreement between parties, if the writing signed by the party obligated under the amendment.

23.   Assignment

Neither part may assign or transfer this Contract without the prior written consent of the non-assigning party, with approval shall not be unreasonably withheld.

24.    Entire Agreement

This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. The Contract supersedes any prior written or oral agreements between the parties.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their daily authorized representatives as of the due date first above written.

Client:

I agree to the terms and conditions of this contract.

Electronic Signature will be requested at checkout page

Business Owner:

I agree to the terms and conditions of this contract.

Alicia Lozano