SBA * Consulting LTDTerm Sheet
(updated 1/27/12)
Client: <Client Name>
<Client Address>
Date: <Date>
Term: Rates valid for <Period>
1. Client agrees to pay SBA * Consulting for services ("Work") rendered based on the following schedule:
Managing Consulting CFO:
<Time-period>: $<fill-in as agreed>
Consulting Relationship Manager/Audit Manager:
<Time-period>: $<fill-in as agreed>
Consulting CFO:
<Time-period>: $<fill-in as agreed>
Consulting Controller:
<Time-period>: $<fill-in as agreed>
2. Client agrees that payment will be made upon presentation of an invoice from SBA * Consulting payable on the schedule used by Client with their W-2 Payroll. Payment is made with the next Payroll date after presentation.
Client stipulates they are on a _____________ payroll.
3. SBA * Consulting, shall provide the services of a financial officer to Client. SBA * Consulting consultants approved in writing by Client shall perform such financial services on behalf of SBA * Consulting. SBA * Consulting will provide its services during such hours at the offices of Client as are reasonably necessary to fulfill its obligations.
4. SBA * Consulting’s relationship with Client is that of an independent contractor, and nothing in this agreement is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship.
5. Client will provide SBA * Consulting with a retainer of $_____ which will be returned at the end of the engagement less any invoices/fees unpaid.
6. To the fullest extent permitted by law, the Client shall indemnify and hold harmless SBA * Consulting from and against claims, damages, losses and expenses arising out of or resulting from performance of the Work. Client agrees to add SBA * Consulting as an additional insured on its liability insurance policies.
7. All Consulting members of SBA * Consulting have a Non-Solicit agreement (“NSA”) with SBA * Consulting. In no event shall Client hire SBA * Consulting’s Consultant as an independent contractor. Should Client wish to hire Consultant on a full or part-time W2 basis, the Client agrees to pay SBA * Consulting as consideration for the release of the NSA for this Client a fee of 20% of the agreed upon annual compensation for the Consultant. Annual compensation is calculated as Annual Salary plus any Bonus. SBA * Consulting is not involved in the negotiations involved in determining any term discussed between Client and Consultant in this paragraph. The Client may not hire the Consultant for a period of 24 months from the last day of service unless the aforementioned terms are met. This paragraph survives the termination of this contract.
8. Neither Consultant, nor any partner, agent or employee of SBA *Consulting, has authority to enter into contracts that bind the Client or create obligations on the part of the Client or assumes signatory powers on behalf of the Client or assumes a corporate or legal position on behalf of the Client. Consultant does not have authority to enter into contracts, create obligations or assumes signatory powers that bind SBA * Consulting LTD.
9. Either party shall have the right to terminate this engagement with seven (7) days prior written notice.
Signed:
<Client> |
SBA * Consulting, LTD |
|
|
________________ <Signer> <Title> |
________________ <Signer> President |
Revised 27 January 2012
