Hillcrest Designs, LLC (the “Company”) has agreed to provide services on TheGuestTable.com (“Site”) to the Customer on the terms and conditions set out in this Agreement, while Customer is of the opinion that Service Provider has the proper and necessary qualifications, experience and abilities to provide services to Customer.
Therefore, in consideration of the matters described above, the receipt and sufficiency of which consideration is hereby acknowledged, the Customer and the Service Provider agree as follows:
The Company will provide the Customer with the following services (the “Services”):
This Agreement will begin on the date the Customer renders payment for the Services and will remain in full force and effect until the completion of the Services. This Agreement may be extended by mutual written agreement of the parties.
If either party seeks termination of this Agreement, the terminating party must provide a 30-day written notice to the other party.
The Customer will provide compensation to the Company the chosen package price for the Services rendered by the Company as required by this Agreement. Compensation is payable prior to the initiation of the Services.
The Company is acting as an independent contractor in providing the Services under this Agreement, not as an employee. The parties agree that this Agreement does not create a joint venture or a partnership between them.
Any modifications or amendments to this Agreement will be binding if evidenced in writing signed by each Party.
All notices or demands required or permitted by the terms of this Agreement will be given in writing and delivered to the parties.
No extension or variation of this Agreement will operate as a waiver of this provision. Time is of the essence in this Agreement.
This Agreement contains the entire agreement and understanding by and between the Customer and the Company and no representations, promises, agreements or understandings, written or oral, not herein contained shall be of any force or effect.
Customer agrees to indemnify, defend and hold us and our affiliates harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorney’s fees, arising from or relating the provisions of the Services pursuant to this Agreement. We reserve the rights, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event, you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive the terms of this Agreement and the termination of your use of the Services.
If Customer is dissatisfied with the Services provided pursuant to this Agreement, the sole and exclusive remedy is to terminate this Agreement. The Company is not liable for any damages, including direct, indirect, special, incidental, or consequential arising from or related to the provision of the Services pursuant to this Agreement, whether in action of contract, negligence or strict liability, even if we knew or should have known or had been advised of the possibility of such damages. Notwithstanding the foregoing, Customer agrees that any claim of liability arising from the provision of Services pursuant to this Agreement will not exceed the amount Customer has actually paid to Company.
This Agreement and the performance under this Agreement and all suits and special proceedings under this Agreement, be construed in accordance with and governed by the laws of the State of Michigan.
The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any one or more of the provisions hereof shall not affect the validity and enforceability of the other provisions hereof.
The Parties agree to the terms and conditions of the Agreement when the Customer selects “accept” and makes the agreed upon payment for Services.