Service agreement draft

Which was created between:

MileageWise Inc. (Registered office: 677 N Washington Blvd  #57, Sarasota, FL. 34236; EIN number: 37-1961234; represented by Ákos Barazsy Managing Director), hereinafter referred to as “Service Provider

and

XYZ LLC (Registered office, address: 000 Sample Street,
Sample City, Sample State, 00000, United States of America; EIN number.: 00-0000000; represented by XY managing director), hereinafter referred to as “
Customer

collectively as between the “Parties“.

 

  1. Scope of the agreement

The Service Provider undertakes the task of preparing IRS-proof mileage log drafts for the Customer for the period and vehicles indicated on the invoice issued by the Service Provider based on the needs and the data provided by the Customer.

 

  1. Term of agreement

The deadline for completing the service specified in Clause 1 of this agreement: the 7th working day after the submission of the data of the month in question for each mileage log. (In the case of retrospective mileage logs, 7 working days per the number of months for which the service is needed.)

 

  1. Service period and range of vehicles

The vehicles and period specified by the Customer for which the mileage log drafts are to be prepared.

 

  1. Compensation and the method of payment

4.1. The Service Provider shall be remunerated for the performance of the service described in Clause 1 as follows, which shall be invoiced in a single amount before the commencement of the ordered service.

In the event that the Customer does not yet have a MileageWise subscription for the term with the Service Provider:

Price of the Software + Service

1-year agreement per vehicle:

$599.88 ($49.99 / vehicle /  month)

2-year agreement per vehicle:

$1,079.76 ($44.99 / vehicle / month)

3-year agreement per vehicle:

$1,439.64 ($39.99 / vehicle / month)

4-year agreement per vehicle:

$1,919.52 ($39.99 / vehicle / month)

5-year agreement per vehicle:

$2,399.40 ($39.99 / vehicle / month)

 

OR

 

In the event that the Customer already has a MileageWise subscription with the Service Provider for the term of the agreement, the Service Provider will always offer a personalized quote (in addition to the software usage fee) based on the following price list guidelines:

Price of the Service

1-year agreement per vehicle:

$420 ($35 / vehicle /  month)

2-year agreement per vehicle:

$791.95 ($33 / vehicle / month)

3-year agreement per vehicle:

$1,079.88 ($30 / vehicle / month)

4-year agreement per vehicle:

$1,433.84 ($29.87 / vehicle / month)

5-year agreement per vehicle:

$1,838.17 ($30.64 / vehicle / month)

 

4.2. In the event of an Urgent Request, the Service Provider will apply a 30% mark-up on the top of the above-listed prices in all cases. An Urgent Request requires a service that falls under the “high priority” category, therefore has to be carried out with a shorter deadline than the deadline established in Clause 2. In the case of an Urgent Request, the Service Provider undertakes the task of carrying out a year’s worth of mileage logs (mileage log * 12 months) for up to 3 vehicles with a deadline of 2 to 4 weeks which starts on the date of the payment received from the Customer.

4.3. In the event of termination during the service period, the Service Provider cannot be obliged to reimburse (all or part of) the service.

 

  1. Other terms and conditions of the agreement

5.1. Customer undertakes the task of:

Providing the Service Provider with the necessary data for the performance of the service within the deadline, namely:

  • car details (car make, company or personal car, license plate number, fuel type, which method to use: Standard Mileage Rate or Actual Expense Method);
  • driver’s name, owner’s name, tax identification number;
  • a list of business and personal partners that the vehicle visits (name, exact address, or GPS coordinates);
  • the purpose of the trips;
  • refueling receipts or statements of said transactions;
  • end-of-month odometer readings and odometer readings at the time of refuelings;
  • other car-related receipts (service, car wash, tire, parking, speeding penalty, etc.);
  • holidays for the month in question.

The deadline for submitting the data required to complete the service for a given month is 30 days after we request said data.

5.2. The data required for mileage logs can be submitted by the following tools:

  • MileageWise mileage tracker app;
  • MileageWise web dashboard;
  • In-person, in writing, or by phone;
  • Through direct API data intercoms (e.g., billing programs, accounting software packages, (built-in) GPS-s,  mileage log software solutions, electronic refueling receipts).

5.3. It is the responsibility of the Customer to inform the Service Provider if

  • any changes have been made to the partner list;
  • any changes have been made to the recurring daily trips;
  • any changes have been made to the vehicles.

5.4. Customer options for requesting changes:

The mileage log draft can be amended free of charge within 3 working days of sending the draft to the Customer, during which time it is possible to request the amendment of the draft, free of charge a total of 3 times.

After the expiry of the 3 working day period or after 3 modification requests, a modification request is only possible at a surcharge with the value of 50% of the monthly service charge of said month.

5.5. The mileage log draft for the given month shall be deemed complete if:

  • based on the data submitted by the deadline, the expert of the Service Provider will prepare a draft of the mileage log – which the Customer will receive by email;
  • the Customer fails to submit the data by the end of the month following the month in question or within 30 days of the request for the data;
  • the Customer did not indicate his/her intention to modify the mileage log draft after receiving the mileage log draft during the period specified in Clause 5.4 

5.6. The mileage log draft (not considered the finalized mileage log) verification, finalization, or use is the responsibility of the Customer. The Customer assumes all responsibility for the authenticity of the data provided.

5.7. The Service Provider undertakes the task of submitting a mileage log draft from the data made available which meets the content and formal requirements of the legislation applicable at the time. In addition, the Service Provider carries out the task of checking 70 logical conflicts, if any errors or deficiencies are detected by the Service Provider, the Service Provider shall indicate that to the Customer for the purpose of rectification.

 

  1. Warranty

6.1. The Service Provider warrants that the mileage log draft created as part of the service will be formally compliant with current legislation.

 

  1. Confidentiality and Privacy Policy

7.1. The Service Provider and the Customer shall be obliged to disclose all business, technical, economic data, methods, and information or other confidential information to which they have access to, and keep it in accordance with current laws and regulations.

7.2. Such information may be disclosed to a third party only with the prior written consent of both parties or as required by law. All damages resulting from a breach of this obligation shall be the sole responsibility of the party in breach of confidentiality and data management.

 

  1. Other Provisions

8.1. Issues not regulated by this agreement are governed by the law of the State of Florida.

8.2. In respect of matters not settled in the Service Agreement, the provisions of the Term of Service shall prevail. 

This Agreement, after reading and interpreting, has been signed by both Parties in the same manner as their will.

In witness whereof the Parties have duly affixed their signatures under hand and seal on this ___________day of ________________, ________________.