This Services Agreement (the "Agreement") is made effective as of the date signed below (“Effective Date”), by and between Better Speech Inc., (hereafter “Contractor”) located at 500 West Over Dr, #11458, Sanford, NC 27330 and Client located at the address listed below (hereafter “Client”).
1. DESCRIPTION OF SERVICES. Contractor shall provide Speech and Language therapy services (collectively, the "Services") by licensed and certified ASHA pathologists to patients referred by the Client. Contractor shall document the content and outcome of each session in its HIPAA compliant EMR system and shall provide Client ongoing access and a detailed monthly report on all sessions conducted with referred patients.
2. PAYMENT FOR SERVICES. Contractor shall provide Client on the 1st of each month a detailed report of all Services rendered in the previous month and shall charge the Client at a rate of USD $59 per 30 minutes of Services rendered.
4. TERM/TERMINATION. This Agreement may be terminated by either party with a fourteen (14) days notice to the other party. Client is responsible to pay for Services provided up to termination.
5. RELATIONSHIP OF PARTIES. It is understood by the parties that Contractor and Contractor’s affiliates are an independent contractor with respect to Client and shall not receive any fringe benefits, including health insurance benefits, or any other employee benefits.
6. CONFIDENTIALITY AND NON-SOLICITATION. Contractor shall not divulge, disclose, or communicate any information that is proprietary to the Client and its patients. Contractor will protect such information and treat it as strictly confidential. Commencing on the Effective Date and ending two years following termination, Company shall not solicit or hire any of Contractors affiliates and Contractor shall not engage privately with any of Clients’ patients.
7. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
8. DISPUTE RESOLUTION. Any dispute arising under this Agreement shall be settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). The arbitration shall take place in Raleigh, North California, and the arbitral decision may be enforced in any court.
9. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.
This Agreement is effective as of the date signed herein.