GENERAL CONTRACT FOR SERVICES
Exhibit
10.87
This
contract for Service (this “Contract”) was made effective as of January 01, 2005
by and between Swiftnet Ltd of 000 Xxxx Xxxx, Xxxxxx, XX X00 0XX, and Xfone,
Inc. of 0000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxx, XX 00000, XXX. In this
Contract, the party who is contracting to receive services will be referred
to
as “Swiftnet”, and the party who will be providing the services will be referred
to as “Xfone”.
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1.
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DESCRIPTION
OF SERVICE. Beginning
on January 01, 2005, Xfone will provide to Swiftnet the following
services
(collectively, the “Services”);
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Marketing,
Finance and Operational Consultancy work related to customers and transactions
that are based in and outside the United Kingdom.
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2.
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PAYMENT
FOR SERVICES. In
exchange for the Services Swiftnet will pay Xfone according to the
following schedule:
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5%
of the
total turnover of Swiftnet
5%
on
money raised from sources outside the UK.
Expenses.
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3.
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TERM.
This
Contract may be terminated by either party upon 30 days prior written
notice to the other party. The payment terms will be reviewed at
the end
of each year.
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4.
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WORK
PRODUCT OWNERSHIP. Any
copyrightable works, ideas, discoveries, inventions, patents, products,
or
other information (collectively the “Work Product”) developed in whole or
in part by Xfone in connection with the Services will be the exclusive
property of Swiftnet. Upon request, Xfone will execute all documents
necessary to confirm or perfect the exclusive ownership of Swiftnet
to the
Work Product.
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5.
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CONFIDENTIALITY.
Xfone,
and its employees, agents, or representatives will not at any time
or in
any manner, either directly or indirectly, use for the personal benefit
of
Xfone, or divulge, disclose, or communicate in any manner, any information
that is proprietary to Swiftnet. Zfone and its employees, agents,
and
representatives will protect such information and treat it as strictly
confidential. This provision will continue to be effective after
the
termination of this contract.
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Upon
termination of this Contract, Xfone will return to Swiftnet all records, notes,
documents and other items that were used, created, or controlled by Xfone during
the term of this Contract.
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6.
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REMEDIES.
In
addition to any and all other rights a party may have available according
to law, if a party defaults by failing to substantially perform any
provision, term or condition of this contract (including without
limitation the failure to make a monetary payment when due), the
other
party may terminate the Contract by providing written notice to the
defaulting party. This notice shall describe with sufficient detail
the
nature of the default. The party receiving such notice shall have
30 days
from the effective date of such notice to cure the default(s). Unless
waived by a party providing notice, the failure to cure the default(s)
within such time period shall result in the automatic termination
of this
Contract.
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7.
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ENTIRE
AGREEMENT. This
Contract contains the entire agreement of the parties, and there
are no
other promises or conditions in any other agreement whether oral
or
written concerning the subject matter of this Contract. This contract
supersedes any prior written oral agreements between the
parties.
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8.
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SEVERABILITY.
If
any provision of this Contract will be held to be invalid or unenforceable
for any reason, the remaining provisions will continue to be valid
and
enforceable. If a court finds that nay provision of this Contract
is
invalid or unenforceable, but that by limiting such provision it
would
become valid and enforceable, then such provision will be deemed
to be
written, construed, and enforced as so limited.
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9.
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AMENDMENT.
This
Contract may be modified or amended in writing, if the writing is
signed
by the party obligated under the
amendment.
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10.
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GOVERNING
LAW. This
Contract shall be construed in accordance with the laws of the State
of
Missisppi.
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11.
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NOTICE.
Any
notice or communication required or permitted under this Contract
shall be
sufficiently given if delivered in person or by certified mail, return
receipt requested, to the address set forth in the opening paragraph
or to
such other address as one party may have furnished to the other in
writing.
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12.
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ASSIGNMENT.
Neither
party may assign or transfer this Contract without the prior written
consent of the non-assigning party, which approval shall not be
unreasonably withheld.
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Service
Recipient
Swiftnet
Ltd
By:
/s/
Xxx
Xxxxxxxxx
Xxx
Xxxxxxxxx
Service
Provider
Xfone,
Inc.
By:
/s/ Xxx
Xxxxxxxxx
Xxx
Xxxxxxxxx
