Agency Service Agreement

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  • Last updated July 26, 2023
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Agency Service Agreement

1.0     Introduction

a.      Please read the following agreement, along with our terms and conditions, and privacy policy carefully before accessing or using McPeniel Research services. Note that these terms and conditions constitute a legal agreement between you (the agent) and McPeniel Research (the service provider).

b.     You may not access or use any McPeniel research services unless you agree to abide by all of the terms and conditions as contained in this agreement.

c.      This Agency Service Agreement (“Agreement”) is a legal agreement between McPeniel Consultancy (herein referred to as McPeniel Research, McPeniel, McPeniel Consultancy) And You (hereinafter referred to as the Agent) in order for You to enjoy specific benefits such as monetary, discounts, fee reduction, privilege supports ad other associated benefits as it is considered necessary by McPeniel for introducing, referring, sourcing, and or interfacing for research writing services and or clients to and for McPeniel.

d.     McPeniel and Agent are herein referred to collectively as “Parties” and individually as “Party”, whereas:

e.      McPeniel is a research writing firm that provides academic, business, creative, economic and social research services to individuals and corporate organizations. McPeniel offers its services through its website (herein also referred to as CRM), mobile applications available on Play Store and App Store (herein referred to as McPeniel Mobile App or Application).

f.       The Agent is desirous to partner with McPeniel by sourcing for individuals and corporate organizations who requires research writing services in exchange for benefits which include monetary, discounts, fee reduction, privilege supports ad other associated benefits as it is considered necessary by McPeniel.

g.     The Parties have agreed to work together in the provision of research writing services and have entered into this Agreement for the purpose of documenting their common intention.

 

2.0     Definitions

In this Agreement, the following definitions apply:

a.      Sourcing Territory: The countries, cities, institutions, and or geographic area in which the Agent intends to source for research writing clients.

b.     Research Writing Services: Services related to academic and business research, including but not limited to essay writing, report preparation, data analysis, literature reviews, and other research-related tasks offered by McPeniel Research.

c.      McPeniel Website: The website owned and operated by McPeniel Research to facilitate and correspond with agents and clients on research writing services.

d.     McPeniel Mobile App or McPeniel App: The mobile application owned and operated by McPeniel Research to facilitate and correspond with agents and clients on research writing services.

e.      AGENTCOM: This is a category of Agent operated in McPeniel Research.

f.       AGENTBUS: This is a category of Agent operated in McPeniel Research.

g.     Client: An individual or organization that orders for McPeniel’s research writing services directly or through agents.

 

3.0 Terms of Agreement

a.      McPeniel offers two categories of agency service operation which are “AGENTCOM” and “AGENTBUS”

b.     The Agent has confirmed its interest to carry out the necessary agency operations with McPeniel under any of these categorizations in “a” above.

c.      The AGENTCOM category is a referral-based agency operation in which the agent gets a commission payment on every new research writing service order referred by them. The commission payment on AGENTCOM operation is a one-time payment that is not extended to the second or later research writing service order by the referred client. By this, it implies that McPeniel will not be paying Agents operating as AGENTCOM any referral commission for research writing service orders coming from the client that has once ordered a research writing service with McPeniel even if the client was sourced through the same Agent in a previous task.

d.     The AGENTBUS category is a non-referral-based agency operation in which the agent source, owns, and retains the identities of its clients for its internal operation and only transfers its clients’ research writing task to McPeniel. The agent interfaces between the client and McPeniel on each task. The agent charges the client for the research writing orders at its chosen rate and in turn, pays McPeniel for the same research writing service at the AGENTBUS rate.

e.      The Agent agrees that its agency right does not translate to that of a franchisee and is not permitted to adopt McPeniel’s brand identity or trademark to secure its client or carry out any other operation. 

f.       The Agent agrees that its agency license with McPeniel does not translate to a partnership of any kind.

g.     The Agent agrees that McPeniel will not be liable for any damages or contravention of any sort subject to the Agent’s operation with the client or any other third parties.

h.     The Agent agrees that it would not directly or indirectly take ownership of McPeniel’s research writing delivery as its intellectual property and every delivered research works remains the absolute intellectual property of McPeniel Research.

i.       The Agent belonging to the AGENTCOM category agrees that payment for referred jobs will only be after the client has made full payment for the research writing order and this will be on or before 14 days after the completion of the payment by the client.

j.       The Agent belonging to the AGENTBUS category agrees that it will be responsible for the payment of any research order through its account on McPeniel even if the client defaults in payment to the Agent.

k.     The Agent agrees that McPeniel is not liable for unexecuted research orders that are yet to be paid for.

 

4.0 Agent Responsibilities

 

a.       The Agent shall be solely responsible for every cost it incurs in the process of sourcing or interfacing for a client or any other Agency operations.

b.     The Agent has the sole responsibility to ensure compliance with all applicable laws and regulations in the process of carrying out its operation.

c.      The Agent shall not at any time openly or privately make a false or misleading statement about McPeniel’s research delivery.

d.     The Agent belonging to the AGENTCOM category shall have the responsibility to ensure their referred clients make the necessary payment for the research writing service.

e.      The Agent belonging to the AGENTBUS category shall have the responsibility to ensure its clients make the necessary payment for the research writing service.

f.       The Agent belonging to the AGENTBUS category shall be responsible for handling the inquiries, requests, complaints, and refund requests related to the research writing services that come from its User account with McPeniel.

 

5.0. Fees, Rates and Payments

a.                  The official currency adopted by McPeniel for universal operation is the British pound (GBP)

b.                 Agency rates and fees differ based on the category of agent

 

5.1     AGENTBUS

a.      The Agent in this category shall enjoy a discounted payment fee for research orders as provided in 5.1(b) below.

b.     The following breakdown indicates McPeniel Research’s rate for Agents belonging to the AGENTBUS category;

-         Coursework charged Per 1,000 words – 40GBP

-         Dissertation D1 charged Per 6,000-9,999 words – 700GBP

-         Dissertation D2 charged Per 10,000-14,999 words – 900GBP

-         Dissertation D3 charged Per 15,000-20,0000 words – 1,100GBP

c.      Invoices generated for research work and delivered to the Agent supersede informal or other written agreements.

d.     The agent can request a review of an invoice prior to the commencement of the research and which is 24hrs after an invoice has been initiated and delivered to the Agent.  

 

5.2     AGENTCOM

a.                  The Agents in this category shall enjoy monetary benefits for referring a new client

b.                 McPeniel Research pays 10% on every completed payment by a referred client’s initial research order.

c.                  The following breakdown represents the expected commission payment to Agents belonging to the AGENTCOM category;

-         Coursework charged Per 1,000 words @ 50GBP – 10GBP

-         Dissertation D1 charged Per 6,000-9,999 @ 800GBP – 80GBP

-         Dissertation D2 charged Per 10,000-14,999 words @ 1,000GBP – 100GBP

-         Dissertation D3 charged Per 15,000-20,0000 words @ 1,250GBP – 125GBP.

d.                 Commission payment for referred jobs will only be after the client has made full payment for the research writing order.

e.                  Commission payment for a referral will be on or before 14 days after the completion of the payment by the client.

 

6.0. Intellectual Property

a.      The Agent acknowledges that McPeniel Research's branding, trademarks, and other intellectual property rights are owned by McPeniel.

b.     The Agent shall NOT refer to McPeniel Research's branding, trademarks, and other intellectual property for the purposes of promoting, or selling the research writing services, and other operational activities required of the Agent WITHOUT RECEIVING EXPRESS WRITTEN PERMISSION TO DO SO.

c.      McPeniel shall retain the ownership right to every delivered research work and may choose to use such work for the purpose of promotion and marketing.

 

7.0     Indemnification

a.      The Agent shall indemnify and hold McPeniel Research, its officers, directors, employees, and agents harmless from any claims, damages, liabilities, or expenses arising out of or related to the Agent’s use or the provision of research writing services.

 

8.0     Termination

a.      McPeniel may terminate this Agreement in the event of a material breach of any provision of this Agreement by the Agent with express notice for same delivered to the officially registered User account email.

b.     Upon termination of this Agreement, the Agent shall immediately cease using McPeniel Research's resources nor rely on McPeniel for the delivery of research works.

c.      Upon termination of this Agreement, McPeniel shall regardless of the termination remain indemnified and its intellectual right remained protected as stated in the indemnification and intellectual property section above.  

 

9.0     Governing Law and Dispute Resolution

a.      In the event of a dispute between Parties with respect to any issue arising out of or relating to this Agreement in any manner, including but not limited to the breach thereof, resolution of which cannot be resolved amicably by the Parties through negotiation within thirty (30) days shall be resolved by arbitration at the Lagos Court of Arbitration (LCA) before a single arbitrator in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria.