SERVICE AGREEMENT

 

This Service Agreement is a Contract for Services (the "Agreement") is made effective as of date of purchase, by and between the customer (the "Recipient"), and Arcway Industries, LLC of 9541 Wexford Chase Rd, Jacksonville, Florida 32257 ("Arcway" or the "Provider").

 

DESCRIPTION OF SERVICES. Beginning within 5 business days of payment receipt, Arcway will provide to Recipient the services included within the selected Service Package or the selected Individual Service (collectively, the "Services") as purchased by the Recipient:

 

1. INDIVIDUAL SERVICE
   1. Brand Design: 5 hours of labor
   2. Resume Writing: 4 hours of labor
   3. Cover Letter Writing: 0.5 hours of labor
   4. Social Profile Design: 2 hours of labor
   5. Interview Modality: 1 hour of labor
   6. Tactical Negotiation: 0.5 hours of labor
   7. Application Automation: 5 hours of labor


2. SERVICE PACKAGE: “360 Formula”
   1. Brand Design: 5 hours of labor
   2. Resume Writing: 4 hours of labor
   3. Cover Letter Writing: 0.5 hours of labor
   4. Social Profile Design: 2 hours of labor
   5. Interview Modality: 1 hour of labor
   6. Tactical Negotiation: 0.5 hours of labor
   7. Application Automation: 5 hours of labor

The hours of labor associated with each service is calculated by the total number of minutes utilized by Arcway staff to apply to Recipient’s requested job requisitions (additional hour blocks of time may be purchased subject to separately negotiated purchase price under this Agreement).

PAYMENT.  Payment shall be made by Recipient to Provider in regular payments per month, as agreed upon and described in Exhibit A, until termination of this Agreement. The first monthly payment will be due at signing, and then the future monthly payments shall be due on that same date of the following 11 months (If that date falls on a weekend or holiday, then the due date for receipt of subscription payment will be the following Monday). Payment is non-refundable after 3 business days from execution and Recipient’s specific requests for Services should be made in writing after payment is made.  Recipient has up to six months from execution to make specific orders or requests for Services which shall be filled/accomplished in a reasonable amount of time after receipt (generally within 5 business days of receipt).  No Services will be provided until payment has cleared.

 

Recipient shall be responsible for and pay all costs of collection, including without limitation, reasonable attorney fees.  In addition to any other right or remedy provided by law, if Recipient fails to pay for the Services when due, Arcway has the option to treat such failure to pay as a material breach of this Agreement, and may cancel this Agreement and/or seek legal remedies at its sole option.

 

TERM. This Agreement will terminate automatically upon the final payment made by the Recipient that totals the full price agreed upon as described in Exhibit A.

WORK PRODUCT OWNERSHIP.  Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by Provider in connection with the Services will be the exclusive property of Provider. Upon request, Recipient will execute all documents necessary to confirm or perfect the exclusive ownership of Provider to the Work Product.

CONFIDENTIALITY.  Provider 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 Provider, or divulge, disclose, or communicate in any manner, any information that is proprietary to Recipient. Provider 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 termination of this Contract.  Any oral or written waiver by Recipient of these confidentiality obligations which allows Provider to disclose Recipient's confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.

 

Upon termination of this Agreement, Provider will return to Recipient all records, notes, documentation and other items that were used, created, or controlled by Provider during the term of this Agreement.

 

DEFAULT.  The occurrence of any of the following shall constitute a material default under this Agreement:

  1. The failure to make a required payment when due.

  2. The documented insolvency or bankruptcy of either party.

  3. 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.

  4. The failure to make available or deliver the Services in the time and manner provided for under this Agreement.

 

REMEDIES.  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 Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party (the effective date of such notice shall be the date of issuance of the notice to the email or mailing address of the offending/defaulting party). This Notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 7 calendar days from the effective date of such Notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.

 

FORCE MAJEURE.  If performance of this Agreement or any obligation under this Agreement 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 non-performance 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.

 

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 within 30 calendar days, 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 resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will provide a reasoned opinion for the award.  The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

 

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

 

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

 

AMENDMENT. This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.

 

GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of Florida without consideration of any choice of law provisions.

 

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 address set forth in the opening paragraph or the signature paragraph or to such other address as one party may have furnished to the other in writing for such purposes.

 

WAIVER OF CONTRACTUAL RIGHT.  The failure of either party to enforce any provision of this Agreement 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 Agreement.

 

ATTORNEY'S FEES TO PREVAILING PARTY.  In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.

 

CONSTRUCTION AND INTERPRETATION.  The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.

 

ASSIGNMENT.  Neither party may assign or transfer this Agreement without the prior written consent of the non-assigning party.

 

COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. A signed copy of this Agreement delivered by facsimile, e-mail, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement

 

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written:  


 

Service Recipient:

Name: Customer attesting consent during the online purchase process


 

Service Provider:

Arcway Industries, LLC

9541 Wexford Chase Rd

Jacksonville, Florida 32257  

Email: compliance@arcwayindustries.com