Concierge Service Agreement

THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements contained in this Agreement, Client and Provider agree as follows:

Terms and Conditions

1. Services. Provider will provide Client with the services described and submitted in a timely manner as designated here in. Services must fall within the pre-described criteria as set forth in this agreement. Provider agrees, at all times during the term of this Agreement, to provide the services in a timely and professional manner.

2. Rates and Charges. Services will be billed at a rate of $25. (twenty-five dollars) per hour with a one hour minimum. All billable hours are measured and invoiced in increments of 15 (fifteen) minutes, with the exception of the first hour. Clients signing up for monthly memberships will receive 5 (five) hours for $100. (one hundred dollar) monthly membership fee. Monthly memberships will be paid in advanced by the 5^th of each month. Provider agrees not to exceed a maximum of 6 hours per month without prior approval from Client. Unused time can be rolled over for one month.

Provider’s hourly rates do not include the cost of postage, delivery charges, long distance charges, products or services provided by referred businesses, or other such expenses, which may be incurred by Provider in the performance of its obligations hereunder. A reasonable estimate of cost must be calculated and provided to the provider prior to executing the service requiring the expense. Any such expense incurred by Provider in excess will be itemized on and added to Provider’s monthly invoice, and proper receipts will be attached. All expenses in excess of 20% (twenty percent) of total cost must be approved by Client prior to being incurred.

3. Deposit. A non-refundable deposit of $25.00 is due for hourly service option, upon signing of this Agreement and will be subtracted from the final invoice.

4. Invoicing. Client will be invoiced for services beyond prepaid hours. Each invoice will be accompanied with time sheets setting out the dates, hours and services provided which are included in the invoice. Invoices are due within 15 (fifteen) days. Service statements will be provided detailing service provided and time spent for each client each month.

5. No Liability for Referred Business Services. Provider endeavors to provide services of the highest quality for all of its clients and will from time to time give Client referrals for certain businesses. Businesses are referred by Provider, based on the professional reputation of each company, agency, business, service or individual and are expected to provide quality service; however, 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 contracted services in any way. Although Provider may suggest a referred business, it is the sole responsibility of Client to select the business which best suits Client’s needs.

6. Cancellation. This Agreement may be cancelled upon thirty (30) days written notice from one party to the other. Provider reserves the right to cancel this Agreement at any time upon five (5) days notice in the event of any abuse of Provider staff and/or referred businesses, or any other action by Client which is deemed by Provider as a violation of this Agreement.

7. Disputes. In the event of a dispute between the parties, which cannot be resolved, both parties agree that mediation will be the first avenue for settlement of such dispute.

8. Independent Contractor. The parties agree that the relationship created hereby is that of independent contractor, and this Agreement will not be construed to create a partnership, joint venture, agency or employment relationship between them. Neither party will have the right or authority to create any obligation or responsibility on the other’s behalf or to obligate or bind the other in any respect.

9. Returned Checks. If any check of Client’s is returned for any reason, Provider will immediately cease all services until Client has replaced the returned check with cash, money order, cashier’s check or payment by credit card. A check fee of $20 will also be added for all return checks.

10. Communication. Provider personnel can be reached through the main office phone number at 661 665-0757, during normal business hours (Tuesday through Friday 7a.m. to 5 p.m., [PST]). For emergencies outside of normal business hours, the emergency phone number is 661 665-0393. Notices may be mailed to Provider’s office address at PO Box 71355, or sent via facsimile transmission to Provider’s fax number: 661 665-0757. Notices sent by mail will be deemed to have been received two (2) business days after mailing. Notices sent by fax will be deemed to have been received on the transmission date, unless the transmission was sent outside of regular business hours, in which case receipt will be deemed to be the next business day following transmission [set out any other means of communication, e.g. email, pagers, etc]

11. Force Majeure. If, for any reason beyond Provider’s control, (including but not limited to strike, labor dispute, acts of war, acts of God, fire, flood, accidents or other circumstances beyond the reasonable control of Provider), Provider is unable to perform its obligations under the provisions of this Agreement, such non-performance is excused and Provider may terminate this Agreement without further liability of any nature upon return of any unused portion of Client’s deposit.

12. Legal Fees. In the event that the services of an attorney are required or legal action is taken to enforce the terms of this Agreement by either party, or to protect those rights provided by this Agreement or by law, the prevailing party shall be entitled to an award of actual attorney’s fees, costs, and expenses reasonably expended.

13. Entire Agreement. This Agreement contains the entire agreement of the parties and there are no other provisions or conditions in any other agreement, whether oral or written, having any effect on this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.

14. Amendment. This Agreement may not be modified or amended except by an instrument in writing signed by both parties.

15. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision is deemed to be written, construed, and enforced as so limited.

16. Waiver of Contractual Right. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

17. Binding Effect. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors and assigns.

18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of California any legal actions; claims or demands shall be handled in a court of competent jurisdiction within Kern County.