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Terms of Service:
Client and Bargain Business Plan (“BBP”) agree to the following terms and conditions:
1. Services. BBP shall prepare a business plan (“Business Plan”) for Client upon the terms and conditions set forth herein.
2. Compensation.
2.1 Payment in Full: Client shall pay BBP in full prior to commencement of or preparation of the Business Plan by BBP.
2.2 Split Payment Option: BBP will offer Client the opportunity of choosing a split payment option. Should client choose the split payment option, the following payment schedule will apply:
i. Client shall pay BBP 50% of the full amount due prior to commencement of or preparation of the Business Plan by BBP.
ii. Client shall pay the remaining balance due upon completion of the Business Plan or 30 days after the first draft of the
Business Plan is delivered to Client (through electronic mail or any other method), whichever is sooner. BBP is authorized to process the remaining balance due at that time.
iii. A valid credit card is required for all accounts unless waived by a BBP manager. Client agrees to pay any fees, commissions, and/or costs associated with any action instituted for the collection of monies due BBP for services rendered.
3. Revisions. Revisions to the Business Plan will be completed free of charge for a period of 30 days after the first draft of the Business Plan is delivered to Client (through electronic mail or any other method). Any changes beyond the 30 day period will have an additional charge depending on the nature of the change.
4. Confidentiality. Except as otherwise required by law, or unless Client grants express written consent, at any time during or subsequent to the preparation of the Business Plan, BBP agrees to keep confidential and not to disclose to any party any of Client’s confidential information, including, but not limited to the nature of the services being performed by BBP, the terms and conditions herein, any data submitted to BBP by Client, and any data regarding Client obtained by BBP in the course of preparing the Business Plan, without the prior written approval of Client, which may be withheld in Client’s sole discretion. Confidential information excludes information that: (i) becomes generally publicly available other than as a result of disclosure by BBP; (ii) becomes available to the BBP on a non-confidential basis from a third party that is not bound by a similar duty of confidentiality; or (iii) is in the lawful possession of BBP prior to disclosure by Client.
5. No Personal Liability. Neither the BBP nor its directors, officers, employees, agents, subcontractors, and representatives (collectively, “Representatives”), shall be personally liable, whether directly or indirectly, by reason of any default by BBP or its Representatives in the performance of any of the obligations of BBP or its Representatives herein.
6. LIMITATION OF LIABILITY. IN NO EVENT WILL BBP, OR ITS REPRESENTATIVES BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFIT(S), BUSINESS INTERRUPTION, DENIAL AND LOSS OF LOANS AND INVESTMENTS, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION OR TRANSACTIONS PROVIDED ON THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF BBP OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION THROUGH THE SERVICE PROVIDED BY BBP. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES BBP'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. Entire Agreement. This represents the entire agreement between the Parties and supersedes and cancels all other contracts, agreements, representations and understandings between the Parties, whether written or oral, expressed or implied, with respect to the subject matter hereof. These terms and conditions may not be modified or amended except in writing signed by authorized representatives of both Parties
8. Execution. This agreement may be executed in one or more counterparts, in electronic form, at different times and places. When Parties have executed, either physically or electronically, a counterpart of this agreement, it shall be binding on all Parties notwithstanding that all of them may not have signed the same counterpart. A facsimile or other