JIFFY LUBE FLEET BILLING SERVICES AGREEMENT
THIS AGREEMENT is made as of the date of signature below by and between Sound Billing, LLC, a Wisconsin limited liability company (“SB”) having its principal place of business at 7447 University Avenue Suite 201, Middleton, WI 53562, and the undersigned Client, having its principal place of business at the address shown below.
WHEREAS, Client operates a Jiffy Lube and desires to engage the services of SB to furnish billing services for some of Client’s local, co-op and/or Auto Integrate fleet accounts; and
WHEREAS, the parties desire to set forth their agreement whereby SB will provide such billing services during the term hereof.
NOW, THEREFORE, in consideration of the premises and mutual promises contained herein, the parties hereto agree as follows:
1. Services. SB agrees to provide billing services to Franchisee for some customer accounts for which a fleet application or fleet account has been established (the “Accounts”). SB will send a monthly statement to all Accounts for work performed by Franchisee. SB will remit to Franchisee, on a periodic basis, per the selection made by the Client on this enrollment portal, all payments received by SB from the Accounts of Franchisee in the previous period, less the Service Fees and less the Adjustments (as defined below). SB will continue to invoice Accounts for all past due amounts. SB makes no representations or warranties as to the ability of SB to collect amounts due on behalf of the Franchisee. Adjustments shall mean credit card fees, bank fees, discounts and other adjustments made by SB.
2. Service Fees. Client agrees to pay the following service fees (the “Service Fees”) to SB: (i) $1.98 for each original invoice submitted on behalf of Client, and (ii) an initial set-up fee of $ 0 (to be determined) per Account. Any invoice created on the Auto Integrate system will incur an Auto Integrate fee. This fee is determined by Auto Integrate per their contract with Jiffy Lube International and is in addition to the Sound Billing Service Fees. The Service Fees shall not change during the initial term of this Agreement. For any extension period after the initial term of the Agreement, SB may adjust the Service Fees to be paid by the Client by providing written notice of any adjustment in the Service Fees to the Client at least sixty (60) days prior to the expiration of the then current term.
3. Obligations of Client. Client agrees: (i) to provide fleet applications or account information to SB for all Accounts made subject to this Agreement, (ii) to provide all necessary Account information to enable SB to perform its obligations, and (iii) agrees that all billed fleets will be processed by SB. Client authorizes SB to access its Account information through point of sale program (“POS”) and to obtain all such other information as may be necessary for SB to perform its obligations. Client agrees to provide at Client’s expense all needed and necessary computer interface programming.
4. Term. The Agreement shall remain in force for an initial term of two (2) years from the date hereof. Thereafter, this Agreement shall automatically be extended for consecutive periods of one (1) year each unless and until terminated by either party by giving the other party written notice of termination at least sixty (60) days prior to the expiration of the then current term. Such notice shall be given by certified mail or registered mail to the address of the other party provided herein or to such other addresses as either party shall designate in writing to the other. Each extension period shall be subject to the same terms and conditions as those applicable to the initial term, except for any change in the Service Fees by SB.
5. Applicable Law and Forum. This Agreement shall be interpreted according to the laws of the State of Wisconsin. The venue for any legal proceedings arising out of or relating to this Agreement, brought by either party, shall be in Dane County, Wisconsin.
6. Enforcement Costs. If SB brings any action for injunctive relief or recovery of damages or to enforce any of the terms, covenants or conditions contained herein and is the prevailing party, SB shall be entitled to recover from the Client reasonable attorney’s fees, in addition to costs and necessary disbursements incurred in such action.
7. Assignment. SB may assign this Agreement without prior consent of the Client. Client may not assign this Agreement without the prior written consent of SB.
8. Miscellaneous. In the event any provision of this Agreement is held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity and enforceability of any other provision hereof. Each of the undersigned individuals represents and warrants that he or she has been duly authorized to enter into this Agreement on behalf of the party he or she purports to represent. The covenants, conditions, agreement, and credit/collection policy contained in this Agreement shall be binding upon and pass to the benefit of the parties and their respective heirs, successors, personal representatives and assigns. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and shall supersede all previous proposals, both oral and written, negotiations, representations, commitments, agreements and all other communication between the parties. This Agreement may not be altered or modified except in writing signed by both parties.
I understand that by completing this application and entering my name below, I am agreeing to all terms and conditions of this Agreement.
JIFFY LUBE FLEET BILLING SERVICES AGREEMENT
The following provisions are an Addendum to and hereby made part of the Billing Services by and between Sound Billing, LLC, a Wisconsin limited liability company (“SB”) having its principal place of business at 7447 University Avenue Suite 201, Middleton, WI 53562, and the undersigned Client, having its principal place of business at the address shown below.
WHEREAS, Client operates a Jiffy Lube and desires to engage the services of SB to furnish billing services for certain Auto Integrate fleet accounts.
1. Services. SB agrees to provide billing services to Franchisee for fleet accounts that use utilize the Auto Integrate system. SB will send a monthly statement to all Accounts for work performed by Franchisee. SB will remit to Franchisee, on a periodic basis, per the existing Agreement, all payments received by SB from the Accounts of Franchisee in the previous period, less the Service Fees and less the Adjustments (as defined below). SB will continue to invoice Accounts for all past due amounts. SB makes no representations or warranties as to the ability of SB to collect amounts due on behalf of the Franchisee. Adjustments shall mean credit card fees, bank fees, discounts and other adjustments made by SB.
2. Service Fees. Client agrees to pay the following service fees (the “Service Fees”) to SB: (i) $ 1.98 for each original invoice submitted on behalf of Client, per Account. Any invoice created on the Auto Integrate system will incur an Auto Integrate fee. This fee is determined by Auto Integrate per their contract with Jiffy Lube International and is in addition to the Sound Billing Service Fees.
3. Assignment. SB may assign this Agreement without prior consent of the Client. Client may not assign this Agreement without the prior written consent of SB.
I understand that by completing this application and entering my name below, I am agreeing to all terms of this Agreement.
