WHEREAS, The Client is of the opinion that the Provider has the necessary qualifications, experience, and abilities to provide services or referrals to Client and seeks to become a Member or purchase the services of Provider, as more fully set forth below; WHEREAS, The Provider is agreeable to providing such services and referrals to the Client on the terms and conditions as set forth in this Agreement NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
Section 1 - Appointment
1.1 The Client hereby agrees to engage the Provider to provide the Client with Services consisting of Concierge services and other such services the Client and Provider may mutually agree upon from time to time (the "Services"). All Services offered by Provider are designated as ‘legal and kind’ and the Provider retains the right to refuse to provide any services or fulfill any request that does not meet that criteria as interpreted by the Provider.
Section 2 – Membership
2.1 Memberships are for the period of one (1) year unless otherwise agreed.
2.2 Membership is not required to utilize Provider's services.
2.3 All Clients are required to maintain a valid Credit Card on file.
2.4 Membership renewals are automatic unless Client provides written notice of cancellation at least 30 days prior to the anniversary date of membership.
2.5 Cancellation requests may require one billing cycle to take effect.
2.6 This Agreement may be terminated by either party, with or without cause, upon 30 days prior written notice.
Section 3 – Service Billing Rates
3.1 Provider hourly rates for work to be done by Provider for general Membership are as specified on the Monthly Membership page of the website.
3.2 General Membership includes Service Provider referrals at no additional charge.
3.3 All Member service packages require a minimum one year or equivalent service contract.
3.4 Unused minutes for Member accounts do not carry over to the next month.
Section 4 – Service Charges & Invoicing
4.1 For Personal Concierge Services, Client will be charged at time of initial agreement based on Provider pre-selected Service Package.
4.2 For any other Services requested for the Provider to facilitate other than hourly Concierge services, Provider shall provide a proposal for service, Client shall review and authorize the proposal, the work shall be performed and the Client's credit card on file shall be charged after completion of the Services.
4.3 The Provider may, at any time, request the Client to provide form of payment other than credit card (i.e. check, cashier’s check and/or wire transfer).
4.3 For Service Provider referrals requested by the Client, Client shall negotiate and pay directly with the Service Provider. Reference Section 6 below.
4.4 The Provider shall be reimbursed for all reasonable and necessary expenses plus a minimum of 20% surcharge incurred by the Provider in connection with performing the services hereunder. Provider's hourly rates do not include the cost of products or services, postage, long distance charges, third party charges or other such expenses which may be incurred by Provider in the performance of its obligations hereunder. All costs other than the Provider's hourly rates fall under this reimbursement policy
4.5 Provider shall have the right to bill the Client Credit Card for the fees, services and products ordered under the terms of this Agreement. Client will have their credit card charged immediately upon processing of products and completion of services. Invoice will be sent to Client by email thereafter.
4.6 In event that a valid credit card is not available, a deposit, determined based on the value of the services, will be required before the services are performed. The Client may be requested to provide the Provider post-dated checks for all services above $500.00.
4.7 All invoices being paid by cash, debit or money order are due immediately upon receipt of invoice by Client. Late charges will be charged for invoices not paid within 7 business days.
4.8 Each invoice shall include dates, hours, itemized products, services completed and any additional charges incurred while performing the services.
4.9 The Client shall be contacted by the Provider if Client's Credit Card is declined. Alternative payment will be arranged. Checks that are rejected by the Provider's banking institution will be subject to a fee equal to three times (3x) the value of the check.
4.10 The Provider’s invoice is the only invoice provided to the Client for hours, supplies, goods and services.
Section 5 – Performance
5.1 Both parties agree to do everything necessary to insure that the terms of the Agreement take effect
Section 6 – Errors and Omissions for Referred Business Services
6.1 Provider endeavors to provide services of the highest quality for all of its Clients and will from time to time give Client referrals to third parties for certain business. Business is referred by Provider based on the professional reputation of each company, agency, business, services, or individual and are expected to provide quality service.
6.2 Provider is not liable for any unsatisfactory services provided by any referred businesses or for any claims arising from any referred business' inability or failure to perform their agreed services in any way. Client specifically acknowledges that Provider shall not in any manner be held liable for unsatisfactory services by a third party contractor.
6.3 Although the Provider may suggest a referred business, it is the sole responsibility of the Client to select the business which best suits Client's needs.
6.4 In the event the Service requires Provider to access Client's home, Client hereby agrees to provide keys to the residence to the Provider. Provider agrees that immediately upon completion of Service, the Client's keys will be returned to Client unless Client gives specific instructions, in writing, to Provider directing otherwise.
Section 7 – Buyer's Right to Cancel
7.1 Within 3 business days of the Effective Date, Client may terminate this Agreement for any reason or no reason at all by providing written notice to Provider of the determination to terminate the Agreement. If Provider has provided any service to Client prior to the Agreement being terminated, Client shall be responsible for payment to Provider for services rendered, pursuant to the non-member rate.
7.2 In the event Client wishes to terminate this Agreement, they shall give notice of termination to Provider at the address set forth in this Agreement. Any notices given under this Agreement shall be given by certified mail, overnight mail or personal delivery.
7.3 Cancellations, other than the three (3) day right of termination as set forth herein, may require at least one billing cycle before taking effect.
Section 8 – Miscellaneous Provisions
8.1 This Agreement, including any applicable Attachments, Exhibits and Schedules hereto, constitutes the entire Agreement between the parties hereto and relating to the subject matter hereof.
8.2 This Agreement and the legal relations between the parties hereto, shall be governed by and interpreted in accordance with the laws of the State of California without regard to that State's choice of laws. The Federal and State courts of the State of California, specifically Riverside County, shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Originator hereby expressly consents to (1) the personal jurisdiction of the courts of California and (2) service of process being effected upon it by registered mail sent to the address set forth at the beginning of this Agreement.
8.3 If any portion or portions of this Agreement becomes void, unenforceable or contrary to public policy by reason of violation of any State, Federal or other law, statute, regulation or order, then any such provision shall be of no legal effect. All remaining provisions contained herein shall remain in full force and effect. The parties agree to re-negotiate in good faith any term held invalid and to be bound by the agreed substitute provision(s).
8.4 All Attachments, Exhibits and Schedules, if any, referred to in this Agreement are attached hereto and incorporated herein by reference in the places where references are made.
8.5 This Agreement may be executed in two or more originals; however, together all originals shall constitute one agreement.
8.6 The Section and Exhibit headings used in this Agreement are for convenience only and are not to be construed or considered in interpreting this Agreement.
8.7 The Client's rights and obligations under this Agreement may not be transferred or assigned, directly or indirectly without the prior written approval of Provider.
8.8 This Agreement supersedes any prior agreements, negotiations and communications, oral or written, including any letter of intent or letter of understanding previously executed by such parties, if any, and contains the entire agreement by Provider and Client as to the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party shall be of any effect unless in writing and executed by the party to be bound thereby.