Contract For Services - A.B. Designs & Consultants

Go to content
A.B. Designs & Consultants
www.abdzynz.com
469.262.6721
Richardson, TX. 75081


CONTRACT FOR SERVICES   

This Contract for Services is a binding contract between you (the purchaser) and A.B. Designs & Consultants (the service provider).  This contract becomes effective once you agree to the Terms and Conditions, the items are purchased and your payment has been received.    

1. DESCRIPTION OF SERVICES. Beginning on day of purchase A.B. Designs & Consultants will provide the following services: Send description of service(s) via email to customersupport@abdzynz.com or contact us at (469)262-6721.  

2. PAYMENT. Payment(s) can be made at paypal.com payable to payment@abdzynz.com.   
You (the purchaser) are agreeing to pay the sum of $Amount Quoted to You to A.B. Designs & Consultants.  Once payment is received, work of service will begin.    
In addition to your purchase, if any payment comes back as a decline A.B. Designs & Consultants has the option to treat such failure to pay as a material breach of this Contract.  Furthermore if necessary, A.B. Designs & Consultants may obtain legal advice and seek any court cost that applies, along with the amount that is due from the services that is provided to you.  

3. WARRANTIES. A.B. Designs & Consultants shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in ABD & C's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to ABD & C on similar projects.  

4. LIABILITY. A.B. Designs & Consultants are not held liable for service(s) provided after final purchase.
5. TERM. All work of service done under this Contract is considered binding even upon the completion of service by A.B. Designs & Consultants.  

6. WORK PRODUCT OWNERSHIP.  Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information developed in whole or in part by ABD & C in connection with the services will be the exclusive property of A.B. Designs & Consultants.  Upon request, ABD & C will execute all documents necessary to confirm or perfect the exclusive ownership of work done per this contract to the service recipient; with the understanding that transfer of ownership is not finalized until final payment is made, therefore leaving ABD & C having ownership of all work performed until then.   

7. DEFAULT.  The occurrence of any of the following shall constitute a material default under this Contract:
A.B. Designs & Consultants www.abdzynz.com 469.262.6721 Richardson, TX. 75081   
CFS Document # 003 Revised 1/10/2017
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.

8. REMEDIES ON DEFAULT.  In addition to any and all other rights a party may 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 (ABD&C) may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 7 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.  

9. FORCE MAJEURE.  If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of nonperformance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.  

10. DISPUTE RESOLUTION.  The parties will attempt to resolve any dispute arising out of or 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 entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.  

11. CONFIDENTIALITY. ABD & C, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of ABD & C, or divulge, disclose, or communicate in any manner, any information that is proprietary to you
A.B. Designs & Consultants www.abdzynz.com 469.262.6721 Richardson, TX. 75081   
CFS Document # 003 Revised 1/10/2017
(the purchaser).  A.B. Designs & Consultants 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 completion of this Contract.

12. NOTICE.  Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing.  

13. ENTIRE CONTRACT. This Contract contains the entire agreement of the parties regarding the subject matter of this Contract, and there are no other promises or conditions in any other agreement whether oral or written. This Contract supersedes any prior written or oral agreements between the parties.  

14. AMENDMENT.  This Contract may be modified or amended if the amendment is made in writing and signed by both parties.  

15. SEVERABILITY.  If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.  If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.  

16. 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.  

17. APPLICABLE LAW.  This Contract shall be governed by the laws of the State of Texas.  

18. SIGNATORIES. This Agreement is binding once the Terms and Conditions are agreed upon on behalf of ABD & C and you (the purchaser).           

Service Provider: A.B. Designs & Consultants
By: Adrianne Chism Owner


Back to content