This Agreement for Assessment Services (the "Agreement") is made and effective on the date of acceptance by the applicant as recorded on the day the Assessment fee was paid via the Lance-Kamaka website.
BETWEEN: The Applicant:
AND: Lance-Kamaka Ltd (Lance):
WHEREAS, the Applicant would like to engage Lance to perform an assessment of their application for finance before the Applicant formally submits the application to Lance.
WHEREAS, the Applicant finds that Lance is uniquely qualified to perform the work, all relevant factors considered, and that such performance will be in furtherance of the Applicants business interests.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and intending to be legally bound, the parties hereto agree as follows:
1. SERVICES TO CLIENT
Lance shall provide the following ("Services") to the Applicant:
Assess the Applicants pending application for finance and provide frank opinion on the likelihood of the application being approved. Lance shall also offer suggestions that could increase the strength and improve structure, content and offering of the application.
2. PAYMENT AND INVOICING TERMS
2.1 Payment for Services
The Applicant will pay Lance a fee of $1,500 + GST. Payment will be made online via the Lance website.
The fee is non-refundable under any circumstances including providing a negative assessment to the Applicant, the unwillingness of Lance to accept and process a formal application, the non-approval of a formal application or a lack of satisfaction on behalf of the Applicant.
An invoice will be provided the Lance’s online payment provider.
3. STANDARD OF CARE
Lance warrants that it shall perform its work to the best of its ability and will take every reasonable step to provide an accurate and reliable assessment. No other representation, express or implied, and no warranty or guarantee are included or intended in this Agreement, or in any report, opinion, deliverable, work product, document or otherwise. Furthermore, no guarantee is made as to the efficacy or value of any services performed Lance.
The Applicant shall indemnify Lance in respect of any loss, damage cost or expense which it may suffer or incur as a direct result of any act performed or not performed by Lance including gross negligence.
Nothing expressed or implied in this Agreement shall confer any liability on Lance in respect of any loss, damage, cost or expense suffered or incurred by the Applicant by any act or omission, including gross negligence.
5.1 Modification and Waiver
Waiver of breach of this Agreement by either part shall not be considered a waiver of any other subsequent breach.
Each person executing this Agreement on behalf of a party hereto represents and warrants that such person is duly and validly authorized to do so on behalf of such party, with full right and authority to execute this Agreement and to bind such party with respect to all of its obligations hereunder. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute but one and the same instrument.
Nothing in this Agreement or elsewhere will prohibit or limit Lances ownership and use of ideas, concepts, know-how, methods, models, data, techniques, skill knowledge and experience that were used, developed or gained in connection with this Agreement.
The Applicant will cooperate with Lance in taking actions and providing documents, as appropriate, to achieve the objectives of this Agreement. The Applicant agrees that Lance’s ability to perform its work in accordance to Clause 3. is in large part dependent on the Applicants timely and effective cooperation. The Applicant acknowledges that any delay by the Applicant may result in Lance being released from any obligation or scheduled deadline or in the Applicant having to pay reasonable extra fees to Lance.
5.5 Information Retrieval
The Applicant authorizes Lance to retrieve information about the Applicant from any third party, including credit reporting agencies and information bureaus. Further, the Applicant authorizes Lance and directs such third parties to compile and provide such information to Lance. The Applicant acknowledges that the information retrieved may include names, addresses, credit history, and other data about the Applicant and/or its representatives.
5.6 Entire Agreement; Survival
This document states the entire Agreement between the parties and supersedes all previous contracts, proposals, oral or written, and all other communications between the parties respecting the subject matter hereof, and supersedes any and all prior understandings, representations, warranties, agreements or contracts (whether oral or written) between the Applicant and Lance with the exception of the Non-Disclosure Agreement already signed and accepted by the Applicant.
5.7 Use By Third Parties
Work performed by Lance pursuant to this Agreement is only for the purpose intended. The Applicant agrees not to use any documents produced under this Agreement for anything other than the intended purpose.
The Applicant agrees with the terms and conditions of the agreement as written above.