Below is the front page of my contract which I have printed on company letterhead. Please look at number 5. Confidential Information. (All the quotation marks and apostrophes will look like ? on this BBS because it is typed with microsoft word)
I also offer safe storage of their inventory (exported to an external hard drive) which is kept locked in a safe in my office and a copy on CD is transported by armed security to a non disclosed location off site where it is also kept in a safe (safe deposit box in a bank). Once everything is backed up and secured, their information is then deleted from my computer. I am the only one with the combination to my safe and have the only outside key for the safe deposit box which is also kept locked in my safe when not in use.
The armed security I refer to above is me, as I'm ALWAYS armed (Nevada CCW permit holder and authorized CCW instructor), but they don't really need to know that. As a former Law Enforcement Officer, I take the security of their information VERY seriously. I also advise them I do not repeat anything I hear or see while doing their inventory. Business owners are concerned about that more then home owners.
I do from time to time make changes and add things to my contract which is signed by both the client and I at the time of service.
I hope this answers your question. If not, please contact me.
JD
PROFESSIONAL SERVICES AGREEMENT
Home & Business Inventory Documentation
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made between: Weicor, LLC, a documentation service company organized under the laws of the state of Nevada ("Contractor") and ____________________________________________________ (Client) with property located at Street Address:___________________________________________________________________
City: _________________________________State: ___ on this ___ day of __________, 200___.
1. Term. The term of this Agreement shall begin on the date specified above and conclude once the services specified in the attached Schedule have been performed.
2. Professional Services. Contractor agrees to perform the services specified in the Schedule attached to this Agreement, which may be modified by the mutual written agreement of the parties and attached to this agreement.
3. Acceptance. The Contractor's services or the results of such services shall be deemed satisfactory to and accepted by the Client unless the Contractor is notified within ten (10) business days in writing. In the event of such written notice, the Contractor shall use its best efforts to make any changes required to correct any deficiencies.
4. Compensation. Client agrees to pay Contractor compensation as specified in the Schedule attached to this Agreement. Payment of 50% is due prior to starting the inventory, with the remainder due upon delivery of the reports. However, Client may make 100% payment prior to the start of inventory.
5. Confidential Information.
(a) Contractor acknowledges that it may be furnished or may otherwise receive or have access to information regarding the Clients personal or business property, assets and finances. All such information is considered strictly confidential ("Confidential Information").
(b) Both during and after the term of this Agreement, Contractor agrees to preserve and protect the confidentiality of the Confidential Information and all physical forms thereof, whether disclosed to Contractor before this Agreement is signed or afterward. Contractor shall not disclose or distribute the Confidential Information to any third party and shall not use the Confidential Information for its own benefit or for the benefits of any third party.
6. Representations. Contractor represents and warrants that it is able to perform the services specified in the Schedule to this Agreement.
7. Ownership. Contractor acknowledges and agrees that all information obtained performing the services specified in the attached Schedule are the property of the Client.
8. Termination. This Agreement may be terminated if agreed upon by both the Contractor and the Client in writing.
9. Damages. In no event shall either party be liable to the other for any consequential, incidental or special damages arising out of this agreement, whether in contract or tort. The client shall not seek damages from the contractor for any item, or items not photographed, or not listed in the inventory. No items will be added to the inventory unless photographed.
10. Property Value. We are not appraisers. It is the clients responsibility to supply values for their property. If client does not supply property values, they will not be included in the inventory documentation. We will not suggest, guess or assign a value to items.
11. Relationships. Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose.
12. Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.
13. Integration. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations and understandings. This Agreement may not be amended except in a writing signed by both parties.
14. Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
