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GENERAL SERVICE AGREEMENT

THIS GENERAL SERVICE AGREEMENT (the "Agreement") dated this 4th day of September, 2015

BETWEEN:


_________________________ of ______________________________, ______________________________, _______________
(the "Customer")

- AND -


_________________________ of ______________________________, ______________________________, _______________
(the "Service Provider").

BACKGROUND:

  1. The Customer is of the opinion that the Service Provider has the necessary qualifications, experience and abilities to provide services to the Customer.
  2. The Service Provider is agreeable to providing such services to the Customer on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Customer and the Service Provider (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

  1. Services Provided
  2. The Customer hereby agrees to engage the Service Provider to provide the Customer with services (the "Services") consisting of:
    • _______________________________________________________________
      _______________________________________________________________.
  3. The Services will also include any other tasks which the Parties may agree on. The Service Provider hereby agrees to provide such Services to the Customer.
  4. Term of Agreement
  5. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended by mutual written agreement of the Parties.
  6. Performance
  7. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
  8. Currency
  9. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in CAD (Canadian Dollars).
  10. Compensation
  11. For the services rendered by the Service Provider as required by this Agreement, the Customer will provide compensation (the "Compensation") to the Service Provider of $0.00 per hour.
  12. The Compensation will be payable upon completion of the Services.
  13. Return of Property
  14. Upon the expiry or termination of this Agreement, the Service Provider will return to the Customer any property, documentation, records, or confidential information which is the property of the Customer.
  15. Capacity/Independent Contractor
  16. In providing the Services under this Agreement it is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
  17. Notice
  18. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows:
    1. _________________________
      ______________________________
      ______________________________, _______________, _________________________
      Fax: (_____) _______-_____________
      Email: ______________________________
    2. _________________________
      ______________________________
      ______________________________, _______________, _________________________
      Fax: (_____) _______-_____________
      Email: ______________________________

    or to such other address as any Party may from time to time notify the other.

  19. Modification of Agreement
  20. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
  21. Time of the Essence
  22. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
  23. Assignment
  24. The Service Provider will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Customer.
  25. Entire Agreement
  26. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
  27. Enurement
  28. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted assigns.
  29. Titles/Headings
  30. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
  31. Gender
  32. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  33. Governing Law
  34. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Province of Manitoba, without regard to the jurisdiction in which any action or special proceeding may be instituted.
  35. Severability
  36. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
  37. Waiver
  38. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this 4th day of September, 2015.

     
   

_____________________________

   

_________________________ (Customer)


     
   

_____________________________

   

_________________________ (Service Provider)

Service Agreement Information

A Service Agreement, also known as a Consulting Agreement or Service Contract, is a document used to define the terms of a business relationship between a service provider and a customer.

Who Should Use a Service Agreement?

If you are providing services to a customer, such as repairs, installations, landscaping, etc., you should use a Service Agreement to clearly define the terms of your services and pricing to your customer.

As a customer, if your service provider does not have a Service Agreement, you may wish to provide one in order to avoid any future complications that may arise due to a lack of a formal agreement.

This Service Agreement may be used in all Canadian provinces and territories.

Service Providers in a Service Agreement

A Service Agreement can protect a service provider in a number of ways. To complete a Service Agreement, a service provider should consider the following:

  • When do I want to be paid?
  • What amount should I be paid?
  • What is my time estimate for this project?
  • Will the customer be charged a penalty for any late payments?
  • Do I want to retain ownership of my intellectual property?
  • Do I want my expenses to be covered by the customer?
  • Do I require any resources, such as tools, office space, or equipment, from the client?
  • Will sales tax be included in the price?
  • What will happen in the event of a dispute?

Customers in a Service Agreement

A customer in a Service Agreement should ensure that they are fully protected and in agreement of the terms by deciding:

  • If you will reimburse the service provider for approved expenses.
  • What kind of payment schedule works best for you.
  • Whether you would like to include a non-compete, confidentiality, or non-solicitation clause for the service provider to adhere to.
  • If you would prefer to include terms regarding either indemnity or insurance.
  • If you will penalize the service provider if they do not meet deadlines.
  • If any additional compensation will be provided.
  • How much notice is required to end the contract early.

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