• Terms And Conditions and General Service Agreement

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    THIS GENERAL SERVICE AGREEMENT (the“Agreement”) dated this [DATE]
    BETWEEN
    [COMPANY RECEIVER'S NAME] of [COMPANY RECEIVER'S ADDRESS]
    (the “Customer”)
    - AND -
    Say Travel Consulting Inc. of 80Cosburn Ave. Unit#803, Toronto, Ontario, Canada]
    (the “Service Provider”).
    BACKGROUND:
    The Customer is of the opinion thatthe Service Provider has the necessary qualifications, experience and abilitiesto provide services to the Customer.
    The Service Provider is agreeable toproviding such services to the Customer on the terms and conditions set out inthis Agreement.
    IN CONSIDERATION OF the matters described above and of the mutual benefits andobligations set forth in this Agreement, the receipt and sufficiency of whichconsideration is hereby acknowledged, the Customer and the Service Provider(individually the “Party” and collectively the “Parties” to this Agreement)agree as follows:
    Services Provided
    1. The Customer hereby agrees toengage the Service Provider to provide the Customer with services (the“Services”) consisting of
    2. The Services will also include anyother tasks which the Parties may agree on. The Service Provider hereby agreesto provide such Services to the Customer.
    Term of Agreement
    3. The term of this Agreement (the“Term”) will begin on the date of this Agreement and will remain in full forceand effect indefinitely until terminated as provided in this Agreement. (See Appendix 1 Cancellation and Return Policy)
    4. In the event that either Partywishes to terminate this Agreement, that Party will be required to provide 7days notice to the other Party.
    5. Except as otherwise provided inthis Agreement, the obligations of the Service Provider will end upon thetermination of this Agreement.
    Performance
    6. The Parties agree to do everythingnecessary to ensure that the terms of this Agreement take effect.
    Currency
    7. Except as otherwise provided inthis Agreement, all monetary amounts referred to in this Agreement are in CAD (CanadianDollar).
    Compensation
    8. For the services rendered by the ServiceProvider as required by this Agreement, the Customer will provide compensation(the “Compensation”) to the Service Provider as follows:
    • The Customer will pay the ServiceProvider per project agreed. Each project has its own costs and the Service Provideragrees to inform the Customer what are the costs involved when setting thequotation and the Customer agrees to pay the total amount when the project isdelivered.
    9. The Compensation will be payableupon completion of the Services.
    10. The Service Provider isresponsible for paying any Superannuation Guarantee contributions that may berequired in relation to the work performed by the Service Provider or byemployees of the Service Provider under this Agreement.
    11. The above Compensation includes allapplicable sales tax, and duties as required by law.
    Provision of Extras
    12. The Customer will not provide anyresources, assistance or extras for use by the Service Provider in providingthe Services.
    Reimbursement of Expenses
    13. The Service Provider, Customersand, Third Party Esteblisment and Individuals will not be reimbursed forexpenses incurred by the Service Provider in connection with providing theServices of this Agreement.
    Confidentiality
    14. Confidential information (the“Confidential Information”) refers to any data or information relating to thebusiness of the Customer which would reasonably be considered to be proprietaryto the Customer including, but not limited to, accounting records, businessprocesses, and client records and that is not generally known in the industry of the Customer and where the release of that Confidential Information couldreasonably be expected to cause harm to the Customer.
    15. The Service Provider agrees thatthey will not disclose, divulge, reveal, report or use, for any purpose, anyConfidential Information which the Service Provider has obtained, except asauthorized by the Customer. This obligation will survive indefinitely upontermination of this Agreement.
    16. All written and oral informationand material disclosed or provided by the Customer to the Service Providerunder this Agreement is Confidential Information regardless of whether it wasprovided before or after the date of this Agreement or how it was provided tothe Service Provider.
    Return of Property
    17. Upon the expiry or termination ofthis Agreement, the Service Provider will return to the Customer any property,documentation, records, or Confidential Information which is the property ofthe Customer upon request.
    Capacity/Independent Contractor
    18. In providing the Services underthis Agreement it is expressly agreed that the Service Provider is acting as anindependent contractor and not as an employee. The Service Provider and theCustomer acknowledge that this Agreement does not create a partnership or jointventure between them, and is exclusively a contract for service.
    Modification of Agreement
    19. Any amendment or modification ofthis Agreement or additional obligation assumed by either Party in connectionwith this Agreement will only be binding if evidenced in writing signed by eachParty or an authorized representative of each Party.
    Time of the Essence
    20. Time is of the essence in thisAgreement. No extension or variation of this Agreement will operate as a waiverof this provision.
    Assignment
    21. The Service Provider will notvoluntarily or by operation of law assign or otherwise transfer its obligationsunder this Agreement without the prior written consent of the Customer.
    Entire Agreement
    22. It is agreed that there is norepresentation, warranty, collateral agreement or condition affecting thisAgreement except as expressly provided in this Agreement.
    Enurement
    23. This Agreement will enure to thebenefit of and be binding on the Parties and their respective heirs, executors,administrators, successors and permitted assigns.
    Titles/Headings
    24. Headings are inserted for theconvenience of the Parties only and are not to be considered when interpretingthis Agreement.
    Gender
    25. Words in the singular mean and includethe plural and vice versa. Words in the masculine mean and include the feminineand vice versa.
    Governing Law
    26. It is the intention of theParties to this Agreement that this Agreement and the performance under thisAgreement, and all suits and special proceedings under this Agreement, beconstrued in accordance with and governed, to the exclusion of the law of anyother forum, by the laws of the Province of Ontario, without regard to thejurisdiction in which any action or special proceeding may be instituted.
     
    27.This agreement is considered adirect agreement under Ontario Consumer Protection Act, 2002
    Severability
    28. In the event that any of theprovisions of this Agreement are held to be invalid or unenforceable in wholeor in part, all other provisions will nevertheless continue to be valid andenforceable with the invalid or unenforceable parts severed from the remainderof this Agreement.
    Waiver
    29. The waiver by either Party of abreach, default, delay or omission of any of the provisions of this Agreementby the other Party will not be construed as a waiver of any subsequent breachof the same or other provisions.
    IN WITNESS WHEREOF the Parties haveduly affixed their signatures under hand and seal on this [DATE].

    SIGNED, SEALED, AND DELIVERED
    in the presence of:
    [COMPANY RECEIVER'S NAME] (Customer)


    Per:_________________________ (SEAL)
    Witness Name: ______________________
    Witness: ______________________ (Sign)
    SIGNED, SEALED, AND DELIVERED
    in the presence of:
    Say Travel Consulting Inc. (ServiceProvider)



    Per:_________________________ (SEAL)
    Witness Name: ______________________
    Witness: ______________________ (Sign)
     
    APPENDIX 1
     
    CANCELLATION AND RETURN POLICY
     
    RESERVATIONS
    – Say TravelConsulting may charge you with up to 50% of the total amount of your due as adeposit of your reservation by credit card. The remaining 50% balance must bepaid in full at check in, in cash or by credit card.
    – Reservations made 7 days before your arrival date may be charged 100%. Thistransaction is non-refundable in case of cancellation or modification.
    – Once the deposit payment has been successfully received, we will send you anemail confirmation within a period no longer than 48 hours. It is importantbring copy of the booking confirmation as it will be requested at front desk ofeach service locations during check in.
    – In case the payment of the deposit has not been completed successfully, youwill be contacted via e-mail to request your payment once again within thefollowing 24 hours of being notified. In no response from their side and notcomplete the payment period specified, your booking may be canceledautomatically.
    – Payments made via bank transfer have an additional charge of 50usd pertransaction fee concept.
    – Once you paid the deposit for a reservation is deemed to have read andaccepted the terms and conditions for reservations and cancellations.
     
    CANCELLATIONS&REFUND
     
    – Reservations canbe modified 7 days before the service date; any change is subject toavailability.
    – Cancellation made7 days before the service date will result in full refund after transaction feededucted.
    – In case of cancellation of any services booked 7 days prior to service date,will absorb a charge of 50 USD penalty of transaction fees for all refunds toapply.
    – Cancellationsmade less than 2 days of service date will be non refundable.
    – Reimbursement are to be made in a period of 5- 10 business days after theacknowledgement in our end by a wire transfer or refund to the credit card usedby the client.
    – If there is any doubt regarding our policies or you do not agree with theterms and conditions, please contact us before making your reservation.
    – There is no refund for any services provided by Say Travel Consulting oncethe service(s) begin used or consumed by client(s)
    – No show (when thecustomer is not presented in the confirmed arrival date) result in no depositor full refund.
    –Say TravelConsulting Inc. may re-schedule the services requested by the client uponreasonable cancellation.
    –Say TravelConsulting Inc. may refund any payment made; if medical professionals may notbe provided.
    –Say TravelConsulting Inc. may not be kept responsible any of Doctor`s opinion and maycancel any service requested by the client; if the client`s procudure revokedby Medical Doctor due current or perminant client`s health status.
    –Say TravelConsulting Inc. may refund or change the amount any payment made; if thedoctor(s) change(s) or reject(s) the any of procedures requested by the client.$50 USD transaction fee, daily rate of hotel accomodation and, transportationfor transfer(s) within destionation city charge may be applied in case of fullcancellation of medical procedure.