General Technical Writing Service Agreement
This Service Agreement for remote contract labor is between the (Client) and the (Contractor). IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby, acknowledged, the Client and the Contractor (individually the “Party” and collectively the “Parties” to the Agreement) agree as follows: Background a) The Client agrees that the Contractor has the necessary qualification and abilities to provide remote technical writing services to the Client. b) The Contractor agrees to provide remote technical writing services to the Client based on terms and conditions set out in this Agreement. c) The Contractor is herein, referred to as: creative virtuosity® S.P. d) The Client herein, is designated as which is documented via the creative virtuosity® S.P. online store. SERVICE PROVIDED The Client hereby agrees to engage the Contractor to provide the Client with the following service of: Technical Writing. 1. The Client understands that all labor performed by the Contractor will be performed in the State of Texas, unless otherwise expressly stated. 2. The Client understands that any dispute resolution related to employment that is subject to litigation will reside within the jurisdictional constraints defined by the State of Texas. 3. The Contractor is not subject to any involuntary background screening for the purposes of this Agreement. 4. The Services will include other tasks which the Parties may agree on as defined by scope of work provided by the Client and the creative virtuosity® S.P. online store Agreement. TERMS OF AGREEMENT The "term" of this Agreement will begin on the date of purchase made via the creative virtuosity® S.P. online store and will remain in effect until the completion of the Services, or subject to cancellation of Service as provided in this Agreement. CANCELLATION The Client acknowledges that Service cancellation must be requested within five business days of the contract start date designated by the Client, which is documented via the creative virtuosity® S.P. online store. PERFORMANCE During project duration, the aforementioned Parties agree to provide reputable and timely documentation (content) review, editing and sign-off on all technical writing provided upon delivery of the Service. The Client understands that no additional time will be granted for untimely documentation edit requests or edits outside the scope of work. The Client agrees that appropriate review and editing time for all documentation (content) will be a co-operative effort during work hours designated defined by the Remote Tech Writer service selected by the Client via the creative virtuosity® S.P. online store. The Parties further agree that sign-off is a binding signature that the Client is satisfied with the Service provided by the Contractor. COMPENSATION The Client agrees that all monetary amount referred to in this Agreement are in: USD (US Dollars). 1. The Client agrees to pay the initial ten (10) percent deposit of the flat rate fee defined by the Remote Tech Writer service selected by the Client via the creative virtuosity® S.P. online store. 2. The Client acknowledges that Service deposit must be received within fifteen business days of the contract start date designated by the Client, which is documented via the creative virtuosity® S.P. online store. 3. The Client understands that all deposits and payments will be verified by the appropriate financial institution prior to contract start and throughout contract duration. 4. The Client acknowledges that all labor for the contract duration will be performed in a remote or remote-on-site fashion or as otherwise defined by the Remote Tech Writer service selected by the Client via the creative virtuosity® S.P. online store. 5. The Client agrees that the Contractor will provide the Client with invoices for payment on any balances owed after the ten (10) percent deposit of the flat rate fee is received; as defined by the Remote Tech Writer service, selected by the Client via the creative virtuosity® S.P. online store. 6. The Client understands that invoices must be paid in a timely manner. Any disagreement regarding an invoice received should be directed to the Contractor; as defined by the Remote Tech Writer service, selected by the Client via the creative virtuosity® S.P. online store. 7. The Client agrees, that in the event that this Agreement is involuntarily terminated by the Client, prior to completion of the Services but where the Services have been partially performed, the Contractor will be entitled to pro-rate payment of Compensation to the date of termination of the employment contract. 8. The Client acknowledges, standard sales tax and return shipping costs may apply to any purchase made via the creative virtuosity® S.P. online store. 9. The Client agrees, that return shipping costs will be applied when hardware / software shipment is defined by the Remote Tech Writer service, selected by the Client via the creative virtuosity® S.P. online store. REIMBURSEMENT OF EXPENSES The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services. The Contractor will only be reimbursed for expenses submitted according the following guidelines: 1. The Client agrees to insure any hardware and software shipped or personally provided to the Contractor for the performance of work for the term of the contract. 2. The Client agrees to pay any travel expenses for any on-site visit requirement as defined by the project and by the Remote Tech Writer service, selected by the Client via the creative virtuosity® S.P. online store. 3. The Client agrees to pay the non-refundable service cost of $100 upon cancellation of any contract agreement. 4. The Contractor agrees to insure return shipping of any hardware and software provided by the Client upon completion of contract. 5. The Parties agree that communication services is an expense that is not subject to liability concerns unless confidentiality is breached. CONFIDENTIALITY The Contractor understands that any technical writing performed for the Client is a “work made for hire” and will be the sole property of the Client only upon payment by the Client for Services rendered by the Contractor. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained in reference to the Client and the Clients' Intellectual Property. The obligations of confidentiality is applicable to both the Client and Contractor as related to individually owned trade secrets, related material, moral rights, goodwill, relevant registration and patent, copyright, trademark, trade dress, industrial design, and trade name. The Client understands that the Contractor, on contract or subcontract, may provide Services to its competitors via the creative virtuosity® S.P. online store. CAPACITY / INDEPENDENT CONTRACTOR In providing Services under the Agreement it is expressly agreed that the Contractor is not an employee of the Client. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture and is exclusively for the Service of: Technical Writing in a remote contract labor capacity. The Client is responsible for paying for technical writing services and complying with reporting for all local, state, and federal taxes as related to the Contractor under this Agreement. The Contractor acknowledges that tax reporting for all local, state, and federal taxes as related to the Contractor is applicable to all Parties under this Agreement. SEVERABILITY In the event that any of the provisions found in this Agreement are held to be invalid or non-enforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or non-enforceable provisions severed from the Agreement. WAIVER The waiver by either Party of a breach, default, delay, or omission of any provisions of this Agreement by the other Party will not be construed as a waiver to any subsequent breach of the same of other provisions. No extension or variation of this Agreement will operate as a waiver of this Agreement.