Terms of Service

OUR SERVICES AGREEMENT

This Services Agreement (this “Agreement”) is entered into as of the 09 day of August, 2022, by and among Citizens tests LLC, located at 3003 SW 9th Ave, Cape Coral, FL 33914 (collectively “Service Provider”) and Customer, (collectively “Buyer”). Each Service Provider and Buyer may be referred to in this Agreement individually as a “Party” and collectively as the “Parties.”

1. Services. Service Provider agrees to provide and Buyer agrees to purchase the following services for the specific projects described below:

2. Purchase Price. Buyer will pay to Service Provider and for all obligations specified in this Agreement, if any, as the full and complete purchase price, the sum per Course chosen Unless otherwise stated, Buyer shall be responsible for all taxes in connection with the purchase of Services in this Agreement.

3. Payment. Payment for the Services will be by credit or debit card, according to the following schedule

A. Previously paid by Buyer.
B. No access_, until the purchase price has been paid in full.

4. Right of Inspection. Buyer shall be allowed to examine the final products once received and shall do so within one (1) days after the receipt of the final products. In the event that Buyer discovers any problems, shortcomings, errors, or other nonconformance of the services, Buyer shall notify Service Provider within one (1) days after completion of the services or discovery of the problems, whichever is sooner. Failure to notify Service Provider by such date shall constitute an acceptance of Services. In the event the services do not meet the standards of this contract, Buyer may at its option:

– terminate the contract following payment for without renewal of the services

The above shall be the sole remedies of Buyer and only obligations of Service Provider with respect to any Services.

5. Force Majeure. Service Provider shall not be responsible for any claims or damages resulting from any delays in performance or for non-performance due to unforeseen circumstances or causes beyond Service Provider’s reasonable control.

6. Limitation of Liability. Service Provider will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether Service Provider has been advised of the possibility of any such damage. In no event will Service Provider’s liability exceed the price paid by Buyer for the Services giving rise to the claim or cause of action.

7. Amendments. The provider maintains the right to amendment to this Agreement for all parties with 10 day notice. No amendment will be effective unless it is in writing.

8. Governing Law. The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, not including its conflicts of law provisions.

9. Disputes. Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.

10. Entire Agreement. This Agreement contains the entire understanding between the Parties and supersedes and cancels all prior agreements of the Parties, whether oral or written, with respect to such subject matter.

11. Notices. Any notice or other communication given or made to any Party under this Agreement shall be in writing and delivered electronic means, sent to the email of record.

12. Waiver. No Party shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by any Party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any other subsequent breach or violation.

13. Miscellaneous. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors and assigns. The provisions of this Agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. The section headings herein are for reference purposes only and shall not otherwise affect the meaning, construction or interpretation of any provision of this Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together, shall constitute one and the same document.

14. Other. Contract can be cancelled anytime and will end on the last day of the existing term.

15. The buyer agrees that at no time more than 1 device shall be connected concurrently to the services at the same time. Failure to limit access to yourself shall be cause for termination of this agreement.

16. Guarantee. The training provided by Citizens Tests LLC guarantees that you will pass the citizenship test in the federal allotted number of attempts. If you use our courseware and take the test within 60 days of you completion and fail to pass. Send a copy of the failure notification to us by email to support@citizenstests.com for a full refund of the course expense. Refund will be sent in a written check by USPS within 14 days of receipt.

YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE 1st BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.

GENERAL INSTRUCTIONS

WHAT IS A BUSINESS CONTRACT?

A business contract is an agreement in which each party agrees to an exchange, typically involving money, goods, or services. Business contracts protect both buyers and sellers, by reducing agreements to writing. The contract can be as long or short as necessary in order to cover the important details of the contract.

Contracts are legally binding on the parties who sign them. In business, contracts are typically either sales agreements, for the sale of goods, or service agreements, for the sale of services.

An offer is the basis for the contract. For example, “I will provide cleaning services for your business at $40 an hour” is an offer. When the business owner says, in effect, “I will pay $40 an hour for your cleaning services” that is an acceptance of the offer. Consideration is the exchange, in this case, of money for services. Both parties must agree to the terms of the offer and acceptance. If the business owner says, instead, “I will pay you $35 an hour for your cleaning service,” this is a counter offer. In this example, there is not yet a meeting of the minds, and therefore no contract.

Reducing agreements to writing is not always required for a legally binding business contract, however, when agreements are not reduced to writing, some confusion may occur. Consequently, it is best to write out the agreement.

WHAT IS A SALES AGREEMENT?

When one is engaged in selling goods, a business contract called a sales agreement is used. The sales agreement details the agreement between the parties. It likely includes the item sold, the purchase price for the item, and the number of items the buyer will purchase. It may also include the date the items will be delivered, how they will be delivered, and when payment is due.

WHAT IS A SERVICES AGREEMENT?

Service agreements are business contracts used when one is selling a service. The service agreement provides necessary details, such as the service provided, the timeline in which the service will be provided, the cost of the service, when payment is due, and other details necessary to cover the agreement between the parties.

THE CONSEQUENCES OF NOT HAVING ONE

When you have a business contract reduced to writing, you have a clear road map detailing what you and the other party to the contract agreed to. Because contracts are legally binding, if the other party fails to meet their obligations, you have the right to legal recourse.

The absence of written service agreements and sales agreements has led to many disagreements. This can lead to lost business and ill will. In some cases, if the contract is not in writing, it is not enforceable – even if there is no dispute over the terms. Most states have adopted the Uniform Commercial Code (UCC) which requires all contracts must be in writing, if they contract lasts more than one year.

THE MOST COMMON SITUATIONS FOR USING ONE

Business contracts are most commonly used any time a business owner agrees to provide a service or good to another, or any time a business owner agrees to pay for a service or good. In other words, if money is being exchanged, a service agreement or sales agreement is the best practice.

Business owners use sales agreements when selling their products. They also use sales agreements when purchasing supplies to create their product. Finally, sales agreements are used when purchasing supplies for the office, from cleaning supplies, to lunch for the staff, to office supplies.

Business owners use service agreements when selling their services. They also use service agreements when purchasing services, from office cleaning, to instrument and machine maintenance, to car services.

WHAT SHOULD BE INCLUDED?

When drafting a business contract, include every detail relevant to the contract. If it is not written into the contract, it is not considered part of the contract. When writing a contract, at a minimum, the following should be included:

– Offer
– Acceptance
– Consideration
– Details pertaining to the order
– Signatures