1. Supply of Services
1.1 The Services to be provided to the Trainee by the Service Provider under this agreement shall include training sessions held in the tax field. Services shall be rendered in person at the following address: []
Hereinafter each of the party is referred to as the Party and together as the Parties;
Whereas, The Service Provider is a Tax and Training Company which provides professional tax and training services in its field and the Trainee is in need of such service;
NOW, THEREFORE, considering the mutual covenants and promises, set forth herein, Parties by signing this document (hereinafter Agreement) agree as follows:
BACKGROUND
1. The Service Provider confirms that it has the necessary qualifications, experience, and abilities to provide Services (as defined below) to the Partner.
2. The Service Provider agrees to provide Services to the Trainee according to the terms and conditions set out in this Agreement.
3. The Trainee wishes to engage the Service Provider to provide such Services.
1.2 The Service Provider offers Tax training basic and intermediate which are covered by the Service.
1.3 Service Provider is entitled to receive the payment for Services in accordance with the terms and conditions of this Agreement.
1.4 Service Provider is entitled to ask for any information (in whatever form), document, or instruction from the Trainee, which is necessary for the due performance of Services and the Trainee shall provide such information immediately unless it needs a reasonable time to be provided.
2. Warranties and Liability
The Service Provider will not have any liability to the Trainee for any loss, damage, costs, expenses, or other claims for compensation arising from any material or instructions supplied by the Trainee which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Trainee.
3. Payment
3.1 The full cost of the Service which includes use of software payable
3.2 The Service /Software non refundable fee shall be paid
3.3 The Partner/Affiliate shall abide by the following option of how the Service Fee to the Service
Provider) The Partner/Affiliate chooses the Service Provider to be its service bureau for 3 years to the date signed
3.4 If agreed, the Service Fee along with the aggressive percentage of Thirty percent (30%) of all preparer fees will automatically be transferred to the Service Provider’s bank account by the tax bank chosen by the Partner. The training sessions together with general tax support will be held until the end of the tax year during which the Service Provider will be the service bureau of the Partner.
3.5 Payment shall be effected in US dollars.
3.6 Parties are solely responsible for the tax-related or other kinds of duties laid on them according to effective legislation.
3.7 The Partner hereby acknowledges that Service Provider determines the days on which the training sessions will be held.
4. Coming into effect and termination of the Agreement
4.1 The present Agreement enters into effect from the date of its signing by the Parties and is valid until the completion of Services “Services” shall also include supporting Partner by the Service Provider until the end of the tax year).
4.2 The Service Provider is authorized, in case of breaching the obligations of this Agreement by the Partner, to unilaterally terminate the Agreement in full or partially without prior notice or any refund.
5. Parties' responsibilities
If any Party breaches its obligations undertaken by this Agreement, it shall fully remunerate all direct damages including but not limited to material and/or intangible damages incurred to the other Party and the non-breaching party shall have the right to seek injunctive relief or other remedy.
6.
6.3 The Service Provider is authorized to deliver information related to the Trainee to the third parties for the purpose of exercising the rights of the Service Provider resulted from failure to perform or duly perform the conditions of the Agreement by the Partner/Affiliate, and/or for monitoring of ful
Confidentiality
6.1 The Parties shall keep any kind of information received from the other Party confidential throughout the entire term of the Agreement.
6.2 If information will be disclosed to third parties upon written agreement of the Parties, in such a case the Party disclosing the information will be responsible for third party’s keeping information confidential.
6.3 The Service Provider is authorized to deliver information related to the Trainee to the third parties for the purpose of exercising the rights of the Service Provider resulted from failure to perform or duly performthe conditions of the Agreement by the Partner/Affiliate, and/or for monitoring of fulfilment by the Partner/ Affiliate of the conditions of the Agreement.
7. Force Majeure – excuse for non-performance
7.1 A Party is exempted from the responsibility for overall or partial non-fulfilment of obligations under this Agreement if this default is caused by circumstances of extreme character (Force Majeure, which includes, but is not limited by the following occasions: fire, earthquake, pandemic, flood, war, natural disasters, cataclysm, political and/or another similar kind of occasion, government act, change of legislation, etc.) that have arisen after the conclusion of the Agreement and which the Party was unable neither to foresee nor to prevent and which makes it impossible for the Parties to fulfil their obligations taken under this Agreement.
7.2 If the Party is unable to fulfill the obligations on the grounds of Force Majeure, notification about the commencement/ending of such occasion must be delivered to other Party within 3 (three) working days. Otherwise, Party will not be exempted from its responsibilities.
7.3 If the Force Majeure is not eliminated within 30 (thirty) days after notifying, the other Party has the right to terminate the Agreement without prior notice.
8. Notice
Any notice under this Agreement shall be in writing and may be served by leaving it or sending it to the address of the other Party as specified by the Parties in this Agreement, including by email.
9. Entire Agreement
This Agreement sets out the entire agreement between the Parties. Parties confirm that they have full right to sign this Agreement and by signing and fulfilling, the obligations stated herein the Parties do not breach the effective legislation or any other regulating document. By signing this Agreement, the Parties confirm that they have read and understood the content of the Agreement.
10. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with laws of the State of Louisiana. The Parties agree to submit to the exclusive jurisdiction of the courts of the State of Louisiana.
11. Amendments
No supplement, modification, or amendment of this Agreement shall be binding unless it is executed in writing and signed by each Party. At that any change regarding the particulars of the Parties shall be notified to other Party within 5 (five) working days after such change.
12. Exclusion of third-party Rights
No person other than the Parties shall have the right to enforce any of the terms of this Agreement.
13. Effect of invalid or unenforceable provisions
If and to the extent that any provision of this Agreement is held to be invalid or unenforceable, it shall be given no effect and shall be deemed not to be included in this Agreement, but everything else in the Agreement shall continue to be binding.