Acceptance: If the acceptance to this Proposal is beyond thirty (30) days from date listed above, the stated prices are subject to change at the sole discretion of Stefanie Krievins & Co. This Proposal will automatically be voided if not accepted within sixty (60) days from the date listed herein. Upon execution of this Proposal, it shall become a binding contract.
Payment Terms: Time is of the essence for payment. All payments are due as described herein. Stefanie Krievins & Co. may refuse to initiate the services described herein or stop the services at any time if you are delinquent in payment. A finance charge at the rate of 1% per month may accrue, at Stefanie Krievins & Co.’s discretion, from the payment due date if the payment is not made in full. In the case you refuse or are unable to allow Stefanie Krievins & Co. to perform the services after acceptance of this Agreement, you shall be held liable for all expenses associated with the loss of profits, and other expenses and losses that may be incurred by Stefanie Krievins & Co. Any acceptance of late, partial payments or those marked “Paid in Full” shall not be deemed as a waiver to any of Stefanie Krievins & Co.’s rights to collect the full amount due or any other rights Stefanie Krievins & Co. has for your failure to pay.
Cancel/Delay: After the execution of this Agreement, the services may not be canceled or delayed unless you obtain the written consent of Stefanie Krievins & Co. Stefanie Krievins & Co. may require a reasonable Cancellation/Delay Charge up to the entire amount due under of this Agreement and will notify you of such charge at the time of sending its written consent of the cancellation or delay or within a reasonable time period. Such Cancellation/ Delay Charge shall take into account costs and expenses incurred by Stefanie Krievins & Co., including the material purchases and all other losses due to such cancellations or delays including but not limited to loss of profit under the Agreement. Cancellation/Delay charges shall be imposed at the sole and absolute discretion of Stefanie Krievins & Co.
Performance: Stefanie Krievins & Co. will strive to meet the promised dates to perform the services as listed herein, but all such dates are approximations. Failure by Stefanie Krievins & Co. to deliver the services in a timely manner as a result of an unforeseeable event or Act of God, as described herein does not give you the right to cancel or hold Stefanie Krievins & Co. responsible for any damages resulting from the failure to deliver within the time stated.
Acceptance of Services: You shall notify Stefanie Krievins & Co. of any issues with the Stefanie Krievins & Co.’s services under this Agreement within 48 hours after the respective service has been completed. Such notification shall specifically identify the issues with the performance; and Stefanie Krievins & Co. shall have a reasonable time to investigate, and if warranted, cure the issues. If you fail to notify Stefanie Krievins & Co. within 48 hours, then Stefanie Krievins & Co.’s respective services shall be deemed accepted by you.
Remedies for Breach: Your exclusive remedy against Stefanie Krievins & Co. for Stefanie Krievins & Co.’s breach of this agreement shall be to make a claim to recover out of pocket costs incurred by you for the services not completed by Stefanie Krievins & Co. Stefanie Krievins & Co. may use any remedy it may have and shall be entitled to both legal and equitable remedies.
Use of Materials: All materials used in this Agreement shall be deemed the confidential information and/or the intellectual property of Stefanie Krievins & Co. and may not be used or disclosed by you to any third party or used by you for subsequent purposes unless there is a subsequent written agreement executed by Stefanie Krievins & Co. allowing such use and/or disclosure of said confidential information and/or intellectual property.
Dispute Resolution, Venue and Jurisdiction: The parties agree to attempt to informally resolve any disputes which may arise pursuant to this Agreement. However, if the parties fail to resolve by informal attempts, the parties agree that any action arising out of this Agreement shall be determined by the Marion County, Indiana Small Claims, Circuit or Superior Court, or if required, the appropriate Indiana Federal Court. The parties further agree that this Agreement shall be governed under the laws of the State of Indiana.
Attorney Fees: Stefanie Krievins & Co. shall be reimbursed for all reasonable attorney fees, costs and expenses, incurred by Stefanie Krievins & Co. in connection with the enforcement of this Agreement or the collection of any amount due from you to Stefanie Krievins & Co., unless a Court of appropriate jurisdiction determines that Stefanie Krievins & Co. was grossly negligent, or its actions were deemed as willful misconduct.
Notice: Any notice required under this Agreement shall be sent by overnight courier or certified US mail, postage prepaid to the addresses provided in this Agreement or the ancillary documents of this Agreement or by electronic means for which receipt and confirmation of delivery is available.
Assignment: This Agreement is not in any way to be assigned by either party without the written consent of the other.
Severability: In the event that any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not in any way invalidate the entire Agreement and all other provisions shall remain in full force and effect. The provision found to be invalid shall be modified to the extent permitted by law to provide the same effect as originally intended by the parties at the time of execution of this Agreement.
Complete Agreement: This Agreement constitutes the full and final agreement between the parties. This Agreement supersedes all previous agreements (written and oral) between the parties and it contains a complete statement of the terms and conditions of the Agreement. This Agreement may include additional documentation referenced herein which are made a part hereto. No oral statements, representations or terms have any binding effect or form any part of the Agreement. Any addition or modification of terms and conditions of this Agreement are invalid unless agreed to in writing by both parties to this Agreement.
ACCEPTANCE OF THIS PROPOSAL SHALL DEEM THIS PROPOSAL TO BE AN ENFORCEABLE CONTRACT BY AND BETWEEN STEFANIE KRIEVINS & CO. AND THE CUSTOMER(S) LISTED HEREIN:
The above, prices and specifications of this Proposal are satisfactory and are hereby accepted. Stefanie Krievins & Co. is authorized to complete the work specified herein and all payments shall be made to Stefanie Krievins & Co. By signing this Proposal, I warrant that I have the authority to accept this Proposal and enter in to this enforceable agreement described herein as the Customer or the authorized representative of the Customer.
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Signed by Stefanie Krievins
Signed On: November 14, 2022
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Document Name: Proposal and Contract Signature 2022 DCEF - Strategic Planning
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