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Used in Conjunction with Conceptualize-Capitalize-Completion-Close Steps Reload on each visit to ensure latest
version Terms of Service Agreement
Business Subscription Consulting Service Prosper
Systems (herein "PS") will provide consulting
("Services") to the small-business Client (together known as
"Parties") on any part of the Phases in the Conceptualize-Capitalize-Complete-Close process at StartupSteps.ProsperSystems.biz, as well as general, non-contractual
Real Estate evaluation and transactions. Consulting Services: Services are provided to companies with
1-10 employees; Client is represented by one individual,
who may field questions from others in his company; Business Hours: 9am-6pm USA Mtn Time, Monday through
Friday, except US Holidays; Calls designated phone number or preferably
Video Skype, WhatsApp, Zoom, Hangouts,
) Schedule; Texts (phone, preferred Video system
(Skype, WhatsApp, Hangouts,
) returned within two (2) business hours; Voicemails returned within four (4)
business hours; In-person by appointment at PS's office
in south Littleton CO Schedule; Appointments call or in-person other
days and times are possible Schedule; Emails kenton@ProsperSystems.biz returned within eight
(8) business hours, generally sooner detailed information on the situation
and question will ensure the best response; One topic per call, email or in-person; Duration of up to 30 minutes; Additional 30-minute research and
15-minute call back possible, though PS's Team and possible additional
connections; Document review up to 10 pages per month,
deliverable within three (3) business days; SEC lawyer total of two (2) hours
for all clients included monthly at no additional charge; Provide one
(1) vetted financial resource (grant, cash-flow, debt or equity) per
month (TEMPORARY OFFER). Fee Structure: $499 per month; Discounted for longer-term payment
6-month, 10%; annual, 20%; 25% additional outside USA/Canada Seminars and webinars discounted 50% for
monthly subscribers, no charge for longer-term subscribers; Fully-paid seminar/webinar/course
attendees receive a discounted subscription rate; Additional consulting available to
subscribers at 75% normal rates; Monthly payments made by recurring credit card, PayPal or other AutoPay charge
system; Partial equity substitutions and other
customized packages possible by written Agreement. Employment Status. PS is an independent contractor. PS will pay its own travel, communication
and office expenses, as well as provide PS's own transportation, office and
office equipment. PS will be
responsible for payment of all taxes including Federal, State and local taxes
arising out of the PS's activities in accordance with this Agreement,
including by way of illustration but not limitation, Federal and State income
tax, Social Security tax, Unemployment Insurance taxes, W-9, and any other
taxes or business license fees as required.
Non-Competition. Parties shall not use each other's
information to compete with the other Party. Confidentiality. Parties agree that for one year from the conclusion of a project together: any contacts, properties, plans and other business data that Prosper Systems and named party ("Parties") will share, that have not been previously discovered from other sources nor is Public Information, will be kept in confidence between the Parties; neither Party shall use each other's information to compete with or circumvent the other; both will have their employees and contractors make similar agreements; any disputes will be decided in the appropriate court having jurisdiction over the current address of the defendant. Employee/Contractor Compliance. Both Parties will have their employees and
contractors sign similar agreements to the Non-Competition and Confidentiality paragraphs, and both paragraphs will survive this Agreement for a period of one year. Both Parties will have their employees and
contractors sign similar agreements. Term. _____________ months per Fee Structure,
renewable automatically, until: Another Agreement supersedes it; 5-days notice prior to Agreement renewal. Disclaimer. Neither PS, nor PS's Founding Member,
Kenton H Johnson, are licensed Real Estate or Lending Brokers, Business
Brokers, Securities Dealers or Investment Advisers. One Member of PS is a Licensed
general-practice Attorney. PS makes no
warranties or representations as to the quality of an opportunity, the integrity
of the Business Owner, Buyer, Seller or associated Collaborators, or the
value of a given transaction. PS is
acting only as consultant with Business Owners, Buyers, Sellers or their
Collaborators. All final due diligence
is the responsibility of Client. Indemnity. PS is not responsible for any taxes,
filings, liens, unlawful actions or other claims against Client, and Client
has disclosed all actual and potential claims to PS prior to signing this
Agreement. Client and PS will disclose
to each other any possible claims that arise, and will make best effort to
not incur claims. Governing Law. The applicable law shall be: The laws of the State of Colorado and the
United States of America, as may be applicable for this Agreement. The laws in all jurisdictions where the
Parties operate Legal Venue. Any disputes will be decided in the
appropriate court having jurisdiction over the current address of the
defendant party. Severability. If any provisions of this Agreement shall
be held to be invalid, the other provisions shall remain enforceable unless
deletion of the invalid material will defeat the essential purpose of the
Parties expressed in this Agreement. Compliance with Laws. The Parties represent and warrant that they
shall comply with any and all laws of the United States of America, State, or
locality applicable to the Projects and the performance of this Agreement. Force Majeure. The Parties shall not be responsible for
any failure or delay in performance of any obligations hereunder caused by
act of God, flood, fire, war or public enemy.
The Parties have indicated their acceptance of this Agreement by
signing in the spaces below. Liquidated Damages. In the event of breaches of this Agreement,
the total compensation/ownership and any accrued, established interest
thereon will constitute liquidated damages. Notice. Any notice given under this Agreement shall
be in writing and shall be served either personally, delivered by
postage-prepaid, trackable first class US mail, or by nationally recognized
overnight courier, or by facsimile, if the Party to whom this notice is being
sent has such a device available in its office, provided a complete copy of
any notice so transmitted shall also be mailed in the same manner as required
for a mailed notice as well as by email, if available. Notices shall be deemed received at the earlier
of confirmation of facsimile transmission or trackable receipt, three (3)
days following deposit in US mail, or one (1) business day following deposit
with a nationally recognized overnight courier. Notices shall be directed to the addresses
set forth below, subject to being changed by the giving of appropriate notice
as required hereunder. Execution. Initial Payment for this Subscription
Consulting Service will constitute Acknowledgement and Agreement to these
Terms and Conditions. Client to email: Contact Name, Company, Address, Phone(s) and
online presence Links (website/profiles). AGREED THIS ______ DAY OF
_________________, 202___
Copyright © 2015-2023, Prosper
Systems, LLC, Denver CO USA. All
Rights Reserved. File stored at AgreeConsultSubscription.ProsperSystems.biz. Last
updated 2/28/2020 by KHJ |