Watchmybud Services Agreement
Watchmybud Service Agreement
|THIS AGREEMENT is made on||04/21/17|
- Pet Owner of (the “Buyer”); and
- Pet Sitter of (the “Service Provider”),
- Pet Service Business (the “service Provider Companies”),
collectively referred to as the “Parties”. RECITALS
The Buyer wishes to be provided with the Services (defined below) by the Service Provider and the Service Provider agrees to provide the Services to the Buyer on the terms and conditions of this Agreement.
- Key Terms
The Service Provider shall provide the following services (“Services”) to the Buyer in accordance with the terms and conditions of this Agreement:
- Dog Training
- Pet service companies
- emergency pet care
- and more related to pet service industry.
1.2 Delivery of the Services
- Start date: The Service Provider shall commence the provision of the Services on April 21, 2017.
- Completion date: continuance.
- Key Dates: Dates agreed upon booking, for bookings.
- If disputes arrises from booking or transactional services, watchmybud will investigate the dispute if the service wasn’t provided by the pet sitter or pet service provider. The pet owner, will receive a refund, minimum our 20% transactional fee.
- One month membership services for 1 month, either $9.99 service for premium plan. No Refunds issued on memberships.
- One month membership service minimum 3 month plan, for $97 each month. No Refunds issues on memberships.
The Service Provider shall provide the Services at the following site(s): http://www.watchmybud.com
- As consideration for the provision of the Services by the Service Provider, the price for the provision of the Services is Price agreed upon booking on the site. (“Price”).
- The Buyer shall/shall not pay for the Service Provider’s out-of-pocket expenses.
- Our prices are 20% for booking, plus transactional fee of 2.99% and taxes of 7.5% depending on the state that the service provider resides.
- The Buyer agrees to pay the Price to the Service Provider on the following dates of completion of service:
As agreed on http://www.watchmybud.com
Payment made on paypal or stripe. And Watchmybud disburses the funds, and handles the transaction for both parties involved.
- The Service Provider shall invoice the Buyer through Watchmybud for the Services that it has provided to the Buyer booked before service is began, and Watchmybud will hold money in escrow until the service is completed.
- The Buyer shall pay the booking before service is began days of their receipt from the Service Provider.
- The method of payment of the Price by the Buyer to the Service Provider shall be by:
- paypal, check or other currency, credit sent to the following address: Cancelation fee of $15.00
- wire transfer through watchmybud to the following account:
- credit card payment through Watchmybud.
- Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the Services by the Service Provider to the Buyer under this Agreement and such shall be payable by the Buyer to the Service Provider in addition to all other charges payable hereunder.
- General terms
2.2 General Liability Coverage
- The Service Provider represents and warrants that:
- it will perform the Services with reasonable care and skill; and
- the Services to feed and comfort the pets will be provided by the pet owners.
- General liability is covered for both parties by Watchmybud LLC insurance provider, determined by the insurance company liability. But pet service provider, will also have professional liability insurance, as a pet service provider as recommended by pet services industry and terms and conditions herein.
- The service provide agrees to take reasonable care of the pets while in his custody, to avoid any harm, toxic, death or other ailments.
2.3 Limitation of liability
- Subject to the Buyer’s obligation to pay the Price to the Service Provider, either party’s liability in contract, tort or otherwise (including negligence) arising directly out of or in connection with this Agreement or the performance or observance of its obligations under this Agreement and every applicable part of it shall be limited in aggregate to the Price.
- To the extent it is lawful to exclude the following heads of loss or injury and subject to the Buyer’s obligation to pay the Price, in no event shall either party be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever.
- Nothing in this Clause 2.3 will serve to limit or exclude either Party’s liability for death or personal injury arising from its own negligence.
2.4 Term and Termination
- This Agreement shall be effective on the date hereof and shall continue, unless terminated sooner in accordance with Clause 2.4(b), until the Completion Date.
- Either Party may terminate this Agreement upon notice in writing if:
- the other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 30 days of written notice from the other Party so to do; or
- a voluntary arrangement is approved, a bankruptcy or an administration order is made or a receiver or administrative receiver is appointed over any of the other Party’s assets or an undertaking or a resolution or petition to wind up the other Party is passed or presented (other than for the purposes of amalgamation or reconstruction) or any analogous procedure in the country of incorporation of either party or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order in respect of the other Party.
- [For European Buyers and Service Providers only] If the Buyer is a consumer and the Distance Selling Directive (97/7/EC) (the “Directive”) applies to this Agreement, the Buyer may terminate this Agreement within the relevant timescales prescribed by the regulations or laws in the relevant Member State which implement the requirements of the Directive in respect of a right for the Buyer to withdraw from a contract. In the event of termination in accordance with this Clause 2.4(c), the liability of the Buyer to the Service Provider shall be as prescribed in the Directive or in any regulations or laws implementing its requirements in the relevant Member States.
- Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
2.5 Relationship of the Parties
The Parties acknowledge and agree that the Services performed by the Service Provider, its employees, agents or sub-contractors shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.
Small business owners, will operate as their own entity. An such the name of their organization, will be displayed on our platform. So that our organization, can provide them with access to pet owners from a local to national level. Small business, will also ensure that they have their organization corporate structure and ein number for annual tax reporting of their earnings. Watchmybud, does not take personal responsibility for another organization.
By agreeing to Watchmybud service agreement, business will ensure that they have their appropriate documentation and insurance that protects their company from possible liabilities and services, that they provide. Watchmybud, services are only of a intermediary and services or offline work performed are the responsibility of the organization or person providing the service’s.
Any notice which may be given by a Party under this Agreement shall be deemed to have been duly delivered if delivered by hand, first class post, facsimile transmission or electronic mail to the address of the other Party as specified in this Agreement or any other address notified in writing to the other Party. Subject to any applicable local law provisions to the contrary, any such communication shall be deemed to have been made to the other Party, if delivered by:
- first class post, 2 days from the date of posting;
- hand or by facsimile transmission, on the date of such delivery or transmission; and
- electronic mail, when the Party sending such communication receives confirmation of such delivery by electronic mail.
- The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
- If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity or enforceability of the remainder of this Agreement shall be affected.
- Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party.
- This Agreement may not be amended for any other reason without the prior written agreement of both Parties.
- This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
- Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other.
- This Clause 2.8(g) and Clauses 2.3, 2.5, 2.6, 2.7 and 2.8 of this Agreement shall survive any termination or expiration.
- This Agreement shall be governed by the laws of the jurisdiction in which the Buyer is located (or if the Buyer is based in more than one country, the country in which its headquarters are located) (the “Territory”) and the parties agree to submit disputes arising out of or in connection with this Agreement to the non-exclusive of the courts in the Territory.
- Amendments to existing clauses
- Additional clauses
By using any of Watchmybud services you agree to Watchmybud LLC Terms.