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Terms of Service

This General Consulting Business Agreement (the “Agreement”) is effective today BETWEEN: You (Hereinafter called the “Client”) residing under the laws of the State of Texas with their head office located as mention in this form

AND: The Department of Help & Human Services Inc (hereinafter called the “the Firm”), is an Incorporation organized and existing under the laws of the Texas, with its head office located at: 16192 Coastal Highway Lewes, Delaware 19958

 

WITNESSETH:

WHEREAS, The Department of Help & Human Services Inc (hereinafter called the “the Firm”) agrees to represent (the “Client”) in providing “General Business Consultation Services” and;

WHEREAS, the “Client” hereby authorize the “Firm”, to perform all necessary tasks relating to providing “General Business Consultation Services”

NOW THEREFORE, this agreement shall serve as an engagement between the “Client” and “the Firm” in which the Firm shall represent Client, as consultants, in providing “General Business Consultation Services”. These covenants shall remain in force until complete or until specifically terminated in writing by the “Client”. The Department of Help & Human Services Inc (hereinafter called the “the Firm) agrees to provide the following “General Business Consultation Services” to the “Client".

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SERVICES TO BE PROVIDED

The services we shall provide are those you mention in this form

 

SCOPE OF ACTIVITIES.

WHERE NECESSARY the “Firm” has the authority and right to file city, state and federal documents on behalf of the “Client”. The “Firm” shall act as a representative regarding the “Client”, but shall at no time go beyond the scope of activities. The “Firm” shall not perform any legal services or give any legal advice in connection with this “General Business Consultation Services”. The “Firm” shall refer all legal matters arising out of this said agreement to a retained independent legal counsel.

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PAYMENTS.

The “Client” shall pay with any major Debit Card, Credit Card. Payments for services shall be billed and procured directly by The Department of Help & Human Service Inc.

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FILING FEES.

The “Client” shall be responsible to pay all filing fees in connection with this contract separate of processing and consulting fees as listed on the online enrollment web form. Payment submitted today shall not include any state, city or federal filing fees. The client is aware that nonpayment of such fees shall result in the enrollment process to be invalid.

 

BREACH.

Under Texas law, a breach of contract occurs when a party to a contract fails to perform an act that it has expressly or impliedly promised to perform. In addition, a breach occurs when a party terminates this contract prior to or before it has had time to mature or be carried out to it's completion. When one party to a contract commits a “material breach” of this contract, the other party is discharged or excused from further performance.

 

ARBITRATION.

All disputes and controversies of every kind and nature between the parties to this agreement arising out of or in connection with this General Business Consultation Agreement as to the existence, construction, validity, interpretation or meaning, performance, nonperformance, enforcement, operation, breach, continuance, or termination of the agreement shall be submitted to arbitration pursuant to the procedure set forth in this agreement. This include credit card disputes, bank disputes and any other electronic payment disputes.

 

PROCEDURE. Either party may demand such arbitration in writing within 7 days after the controversy or dispute arises. It is agreed that any claim or dispute between parties shall be resolved by arbitration as directed by the American Arbitration Association in effect when the claim is filed. Both parties agree to the follow procedures:

 

  1. Within 7 days after such demand, Claimant and Respondent will each prepare a list of at least five (5) acceptable Arbitrator candidates, and submit the list to the other side upon receipt of which, each party will select an Arbitrator and those two, Arbitrators will select the third Arbitrator who will act as Chair.

 

  1. The arbitration hearing shall be held at Houston, Texas and/or virtually if available on 30 days’ notice to the parties.

 

  1. The arbitration rules and procedures of the Texas Arbitration Act shall be used in the arbitration hearing and the law of evidence of TEXAS shall govern the presentation of evidence at such hearing.

 

  1. The arbitration hearing shall be concluded within 15 days unless otherwise ordered by the arbitrators and the award on the hearing shall be made within 30 days after the close of the submission of evidence.

 

  1. An award rendered by a majority of the arbitrators appointed under this agreement shall be final and binding on all parties to the proceeding during the period of this agreement, and judgment on such award may be entered by either party in the highest court, state or federal, having jurisdiction.

 

 

AGREEMENT AS BAR TO SUIT.

The provisions of this agreement shall be a complete defense to any suit, action, or proceeding instituted in any federal, state, or local court or before any administrative tribunal with respect to any controversy or dispute arising during the period of this agreement and which is arbitrable as set forth in this agreement. The arbitration provisions of this agreement shall, with respect to such controversy or dispute, survive the termination or expiration of this General Business Consultation Agreement.

 

LACK OF ARBITRATORS’ AUTHORITY TO MODIFY AGREEMENT.

Nothing contained in this agreement shall be deemed to give the arbitrators any authority, power, or right to alter, change, amend, modify, add to, or subtract from any of the provisions of General Business Consultation Agreement.

 

GOVERNING LAW.

It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas.

 

CONTRACTUAL PROCEDURES.

Unless specifically disallowed by law, should dispute arise hereunder, service of process therefore may be obtained through certified mail, return receipt requested or email with read receipt; the parties hereto waiving any and all rights they may have to object to the method by which service was perfected.

 

EXTRAORDINARY REMEDIES.

To the extent cognizable at law, the parties hereto, in the event of breach and in addition to any and all other remedies available thereto, may obtain injunctive relief, regardless of whether the injured party can demonstrate that no adequate remedy exists at law.

 

NON-PAYMENT.

The Client” breaches this Agreement if payment have not been paid to “The Firm” within (30) days from when payment is due, as per “Payment Schedule” mention herein. On the 31st day thereafter, this contract is considered involuntarily terminated and payments accrued are considered due and enforceable by the firm.

 

RETURN PAYMENTS.

If a payment is issued and returns due to insufficient funds, a $35 insufficient funds fee shall be assessed and services shall suspended immediately. If a return payment is not paid within 30 days, this shall result in a breach this agreement. This contract is considered involuntarily terminated and payments accrued are considered due and enforceable by the firm.

 

CREDIT CARD REVERSALS.

If the client intentionally files a credit card dispute in connection with this agreement, this agreement shall be considered breached by the "Client", pursuant to the arbitration clause of this contract. If a breach cause by a credit card dispute all payments shall become due and services shall be terminated.

 

NON-COMMUNICATION/NON-RESPONSIVE.

Pursuant to this agreement, the client understands slow or not execution of task on their behalf can adversely affect the completion of services and can if not cured, can result in a breach by default by the client. The “Firm” shall be permitted to withdraw from representing the “Client” for the “Client’s” failure to communicate with the “Firm” for more than 60 days. The “Firm” must issue written notice 30 days in advance by certified mail of its intent to withdrawal. If a response is not received within 60 days of issuance of its intent to withdraw the “Firm” shall be permitted to withdraw without penalty.

 

ANTICIPATED TIMELINE

The Firm anticipates the said services shall take 60-90 days’ time from the inception of this agreement. This timeline can be subject to change due to unforeseen circumstances and delays from the state, medicare, medicaid, accreditation agencies and/or other inter-related occurrences relevant to compliance with state or federal governmental requirements. If this timeline does change the “Client” shall be notified and a revised timeline shall be issued. The client hold themselves out as someone knowledgeable with these processes and is aware that these timeline are not concrete and are subject to change.

 

REFUND PROVISIONS

The “Client” understand, due the time expended, and the contractor expenses involved, a privilege of a full refund will not exist after the execution of this agreement. After a period of two days, the client is ineligible to receive any refund in conjunction with this agreement, however task must be executed and carried out fully until complete. If the “Firm” deems after a review that this agreement cannot be completed a full refund shall be granted. However if the Client terminates this contract prior to or before it has had time to mature no refund shall be granted.

 

INDEMNIFICATION:

Indemnification. The “Client” shall indemnify and hold harmless the “Firm” of any claim, injury, damage lawsuit, cause of action, liability, or loss, including reasonable attorneys’ fees arising out of, related to or resulting from the alleged or actual acts, fault or omissions of the “Client”. This includes: (ii) in the performance of any act, action or service perform by staff members of the “Client” (iii) for penalties or fines assessed for alleged or actual violation of any federal, state or municipal regulation or law. This indemnification obligation shall survive termination of this Agreement. The “Firm” will not assume any liabilities or losses sustained due to the “Client” having in-sufficient operating capital to sustain the operation of the said business.

 

NON-DISCLOSURE

Non-Disclosure. The parties hereby agree that during the term hereof, and at all times thereafter, and except as specifically permitted herein or in a separate writing signed by the Disclosing Party the "Firm", the Receiving Party the "Client" shall not use, commercialize or disclose Confidential Information as a result of services performed to any person or entity, whether affiliated or not. This includes all notes, data, reference materials, rates, vendors, contracts, memorandums, documentation and records which in any way incorporate Confidential Information.

 

NON-CIRCUMVENTION.

The Receiving Party the "Client" expressly agrees not to circumvent, avoid, bypass or obviate the Disclosing Party the "Firm" in any manner, directly or indirectly, to avoid payment of fees, royalties, or any other obligation in any way involving any of the parties introduced and Confidential Information disclosed pursuant to this Agreement, or any transaction contemplated hereunder or other business arrangement arising out of or connected in any way to the Confidential Information.

 

MANAGEMENT OF YOUR INFORMATION

Pursuant to your Confidentiality and Private Information. We retain records relating to professional services that we provide so that we are better able to assist you with your professional needs and to comply with federal and state laws regarding retaining client confidentiality. In order to guard your nonpublic personal information, we maintain physical, electronic, and procedural safeguards.

We do not share any of your confidential personal or business information with any third-party. A third-party is any person or company other than you, the client. That means we cannot disclose your identity, income, net worth, tax liabilities, or other protected information to the Internal Revenue Service, state tax authorities, unmarried partners, friends, relatives, real estate agents, mortgage brokers, banks, or any other person or company without your explicit authorization. Furthermore, The Department of Help & Human Services Inc is not require to store or maintain any physical or electronic files related to your services for month than 2 years. All files are destroyed properly and professionally by a qualified third-party.

As indicated by my signature I understand: The Department of Help & Human Services Inc needs my confidential information for this reason and I attest the information submitted is my information and it is true and correct. I duly authorized them to use this information on my behalf for the sole purpose for which it was intended.

 

STATUS OF THE PARTIES

Independent Contractor. It is expressly understood and agreed that, in the performance of services under this Agreement, the “Firm” shall act as an independent contractor with respect to “Client”, and not as an employee or agent of “Client”. Further, it is expressly understood and agreed by the Parties that nothing contained in this Agreement will be construed to create a joint venture, partnership, association, or other affiliation or like relationship between the Parties. In no event shall either Party be liable for the debts or obligations of any other except as otherwise specifically provided in this Agreement.

 

FULL DISCLOSURE

In order to certify that full disclosure of our representation has been made please sign this agreement on the line below and return the original to the attention of the undersigned. Your signature is an acknowledgment of our disclosure and is your consent to our representation of you. This agreement will be deemed excepted when a copy of this agreement is executed by you, herein call the “Client”.

 

INSURANCE POLICY

The Firm does hold a ($1M) Professional Insurance Policy hereto attached for all professional services rendered.

 

CLIENT APPROVAL

I realize this agreement is a binding contract I have reviewed the entire agreement and have been given the opportunity to consult with independent counsel regarding the terms of this agreement prior to my signature. By my signature below I specifically approve of the terms of this agreement.

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