CONTRACT FOR SERVICES
DESCRIPTION OF SERVICES
Beginning on the date of this completed contract, Digital Age will provide to client the selected services (collectively, the "Services"):Services selected
Payment shall be made to Digital Age. Client agrees to pay in monthly installment payments as stated in the selected package. Client shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if client fails to pay for the Services when due, Digital Age has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
The term of this contract is for a period of one month. At the end of the contract period, the contract will renew on a one month basis until cancelled. This contract may be terminated, after the contract term, by either party, upon 30 days prior written notice to the other party. An email notice by one party will suffice.
Digital Age, and its employees, agents, or representatives will not at anytime or in any manner, either directly or indirectly, use for the personal benefit of Digital Age, or divulge, disclose or communicate in any manner, any information that is propriety to client. Digital Age 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 Digital Age to disclose client’s confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the third party, and the confidentiality clause will continue to be in effect for all other occurrences.
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 for the benefit of creditors, application 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 in this Contract.
In addition to any and all other rights a party have available according to law, if a party defaults by failing to substantially perform any provision, 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 have 30 days from the effective date of such notice to cure default(s). Unless waived in writing by a party providing notice, the failure to sure the default(s) within such time period shall result in the automatic termination of this Contract.
The parties will attempt to resolve any dispute out of relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, 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 submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
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 tis Contract. This Contract supersedes any prior written or oral agreements between the parties.
If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provisions of this Contract is invalid or unenforceable, but that by limiting such provisions it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced ad so limited.
This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.
This Contract shall be construed in accordance with the laws of the State of Colorado.
Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered by email.
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 and compel strict compliance with every provision of this Contract.
ATTORNEY’S 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 on appeal.
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.
Client signer personally guarantees to make the payments if the represented company fails to do so.