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The Service Agreement - Financial Advising Agreement is a document that outlines the terms and conditions between the servicer and the customer for the provision of financial advisory services. The agreement is entered into by both parties, with the servicer being in the business of providing financial advisory services and the customer wishing to engage the servicer for such services.
The agreement begins with an interpretation section, which defines key terms used throughout the document. It clarifies that references to persons include individuals, bodies corporate, unincorporated associations, and partnerships. The headings in the agreement are for convenience only and do not affect the construction of the agreement. It also states that any reference to an enactment or statutory provision is a reference to it as it may have been, or may from time to time be amended, modified, consolidated, or re-enacted.
The agreement then sets out the obligations of the servicer. It states that the servicer shall provide the services to the customer and agrees to engage in the best and commercially reasonable efforts to provide the services in accordance with the terms of the agreement. The servicer is also required to provide the services in a professional and diligent manner consistent with industry standards and good commercial practice. The servicer must comply with all laws and regulations applicable to the services, including those related to anti-bribery and corruption and data protection. Additionally, the servicer must comply with any instructions or variations issued by the customer and may claim for an extension of time if any instruction or variation results in a delay to the completion date. Services outside the scope defined in the agreement require a new agreement.
The customer's obligations are also outlined in the agreement. The customer agrees to be fully truthful with the servicer and provide all relevant information known to them for the performance of the services. The customer must also respond to all correspondence from the servicer in a timely manner.
The agreement includes provisions for the completion of the work. It emphasizes that time is of the essence, and the servicer must perform their obligations promptly and timely. The services are expected to be completed by the completion date, and if there is a delay, the customer may grant an extension of time. If the services are not completed by the completion date, the customer is entitled to liquidated damages specified in the agreement.
The agreement also addresses service fees. The customer agrees to pay the servicer a service fee for the full, prompt, and satisfactory performance of the services. The fee is payable according to a specified schedule, and the servicer will invoice the customer prior to the payment date. Late payment will incur a 3% per month late charge. The servicer may also incur expenses related to the services, and they must keep an exact record of these expenses and provide proof of purchase and receipt with the invoice. Any expense over a certain limit requires the customer's written consent.
Other sections of the agreement cover background checks, licenses and insurance, warranties and indemnities, term and termination, ownership of materials, confidential information, announcements/publicity, amendment, assignment, severability, further assurance, warranty of capacity and power, force majeure, and no rights under contracts for third parties. The agreement also includes a jurisdiction clause, notices and service provisions, and counterparts.
Overall, the Service Agreement - Financial Advising Agreement is a comprehensive document that outlines the rights, obligations, and expectations of both the servicer and the customer in relation to the provision of financial advisory services.
1. Provide information: Enter the Contractor's and Customer's information in the agreement, including their principal place of business. This ensures that both parties are clearly identified.
2. Specify price and completion date: Clearly specify the agreed price and completion date of the work to be carried out by the Contractor. This will ensure that both parties are aware of the expectations and deadlines.
3. Describe services: Clearly describe the type(s) of services to be provided by the Contractor. This ensures that both parties are aware of the scope of work and can avoid any misunderstandings.
4. Agree on length of warranty and time of payment: Both parties should agree on the length of warranty and time of payment after the completion of the work. This ensures that both parties are aware of the payment terms and the length of the warranty.
5. Specify damages: If the work is not completed by the completion date, specify the amount of damages per week that the Customer is entitled to. This ensures that both parties are aware of the consequences of non-completion.
6. Obtain necessary licenses and insurance: The Contractor should obtain any necessary licenses and approvals for doing business in the relevant jurisdiction. They should also maintain appropriate insurance coverage to cover any liability arising from the services.
7. Keep records of expenses: The Contractor should keep an exact record of any expenses incurred while performing the services. These expenses should be itemized and supported by proof of purchase and receipt.
8. Protect confidential information: The Contractor should treat any confidential information obtained from the Customer as strictly confidential and not disclose it without written permission from the Customer.
9. Comply with laws and regulations: The Contractor should comply with all applicable laws and regulations related to the services, including those related to anti-bribery and corruption, and data protection.
10. Promptly notify of delays or problems: The Contractor should promptly notify the Customer of any delays or problems in the provision of the services. They should also provide recommendations on how to avoid or rectify such circumstances.
11. Termination: The agreement may be terminated by either party under certain circumstances, such as non-diligent performance of services or bankruptcy of the other party. The termination should be done in accordance with the terms of the agreement.
12. Return of materials: Upon termination of the agreement, the Contractor should promptly return any materials or intellectual property belonging to the Customer.
13. Confidentiality obligations: The Contractor should maintain confidentiality obligations even after the termination of the agreement.
14. Seek legal advice if needed: If there are any uncertainties or disputes regarding the agreement, it is advisable to seek legal advice to ensure compliance with applicable laws and protect the interests of both parties.