CONCIERGE SERVICE AGREEMENT
THIS AGREEMENT made this __ day of ____________, 20__, by and between
[First Name] [Last Name], with an address at [Number and Street], [City], [State] [Zip Code], hereinafter referred to as “the Client”
AND
Call Andrea, which is a division of Geoffrey Drew Marketing Inc., a New York State Corporation with a communications address at 2440 Broadway, New York, NY 10022 and Headquartered at 3000 Hempstead Turnpike, Suite 305, Levittown, NY 10056, hereinafter referred to as “the Company.”
WITNESSESTH
WHEREAS, The Company is in the business of providing quality of life services, which are intended to help the Client by reducing some of the stress of the Client’s everyday living experience and thereby enhancing the Client’s overall quality of life; and,
WHEREAS, the Client is desirous of contracting for the Company’s services;
NOW, THERFORE, in consideration of the fees to be paid by the Client to the Company, to be paid and satisfied as hereinafter stated, and in further consideration of the promises, covenants, and agreements herein contained, it is hereby agreed by and between the parties hereto as follows:
1. SERVICES TO BE PERFORMED: The services to be performed by the Company are summarized but not limited to those specifically described in Schedule 1 attached hereto.
2. ADDITIONAL SERVICES: If the Client needs any other services, other than those specifically described on Schedule 1, which may or may not relate to the described services, the Client and the Company may make a new agreement to provide the other services.
3. COMPENSATION: Because of the unique services being provided by the Company, it cannot always predict or guarantee what the Client’s final bill will be. This will depend upon the amount of time spent on providing the specific service or services requested by the Client, as well as the amount of expenses incurred by the Company in connection with executing the service or services.
A. FLAT FEE SERVICES: For services incurring a defined flat fee (e.g. standing by to ready to take visitors on tour of a facility for a certain number of hours, or rearranging a library of book or music in an on-going project, etc.) the Company will charge the Client a service fee for the day such service is performed.
B. ERRAND SERVICES: With regard to errand services (e.g. personal shopping, pickups/deliveries, etc.), the Client agrees to pay the Company for its services at a rate of $50.00 per hour exclusive of transportation and any other ancillary costs. All billable hours are to be accounted for and invoiced in ten (10) minute increments.
C. COSTS AND EXPENSES: In addition to the hourly rate provided in Paragraph 3B, the Client will be billed for, and shall pay for the following costs and expenses: postage, delivery charges, long distance phone charges, products or services provided by other businesses or persons such as messenger services and any and all other expenses which may be incurred by the Company in the performance of its services on behalf of the Client.
D. RETAINER: Fees are due and payable upon presentation of the Company's invoice to the Client. Client has a 30 day grace period; beginning on the invoice date, to pay any remaining balance in full before an Account Management Fee (finance charge) is imposed at a rate of 18% per annum computed daily or $20.00 per 30 day period, whichever is greater. An initial retainer of $750.00 is required before commencement of work. At the culmination of services connected with any spot or on-going services, the final invoice will be applied to the retainer and the balance, if any, will be returned to Client.
D. INVOICING: The Company will present to the Client itemized bills on a monthly basis. All bills for the Company’s fees and costs and expenses which have not been prepaid by the Client will be due upon receipt of the bill by The Client.
E. RETURNED CHECKS: The Client will be billed, and shall pay to the Company, Fifty ($50.00) Dollars for any check returned unpaid for any reason and a fee of Thirty-Five ($35.00) Dollars for any credit card transactions that are declined with an 18% per annum service charge until the outstanding balance is paid in full. Additionally, until any returned check is made good, by the payment of cash, bank check, money order, or credit card, the Company will perform no services for the Client.
4. DURATION OF AGREEMENT: This Agreement shall become effective upon receipt of retainer fee by the Client, and shall continue on a quarterly basis until terminated as provided in this Agreement. This Agreement may be terminated by either party hereto at any time upon thirty (30) days written notice to the other party. Each party reserves the right to terminate this Agreement for any reason whatsoever.
5. NON-LIABILITY: The Company agrees to provide conscientious, competent, and diligent services on behalf of the Client. The Company’s services include referrals to other businesses and professionals. Those other businesses and professionals are referred on the basis of their high standing and fine reputation, and are expected to provide quality service. However, the Company is not, and cannot be, liable or responsible for any unsatisfactory services provided by any company or person, agency, business, services, individual, or professional referred by the Company. THE COMPANY MAKES NO WARRANTY OR GUARANTEE, NEITHER EXPLICIT NOR IMPLIED, THAT ANY REFERRED BUSINESS, PROFESSIONAL, AGENCY, OR INDIVIDUAL WILL SATISFACTORILY PERFORM OR PROVIDE ITS CONTRACTED SERVICES. Although the Company may suggest or refer a particular business or professional to the Client, it is the Client’s sole responsibility to determine if that business or professional is satisfactory for the Client’s needs or purposes.
6. LIMITATION OF LIABILITY: THE LIABILITY OF THE COMPANY, IF ANY, AS A RESULT OF THIS CONTRACT WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL CHARGES PAID BY THE CLIENT TO THE COMPANY DURING THE PERIOD OF ONE (1) YEAR FROM THE DATE OF THIS CONTRACT. THE COMPANY WILL NOT BE LIABLE FOR DAMAGES WHICH ARE INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF THE COMPANY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES INCLUDE, BUT MAY NOT BE LIMITED TO, SUCH ITEMS AS LOSS OF PROFITS. ALL CLAIMS OF ANY TYPE BY THE CLIENT AGAINST THE COMPANY MUST BE BROUGHT WITHIN ONE (1) YEAR OF OCCURRENCE OR BE FOREVER BARRED. THE REMEDIES EXPRESSED IN THIS CONTRACT ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE.
7. DISPUTES: Any controversy or claim arising out of, or relating to, this Agreement, or the breach thereof, will initially be mediated by a mediator mutually agreed upon by both parties. In the event that the parties cannot mutually agree upon a mediator, or if the mediation is unsuccessful, the controversy or claim shall then be submitted to binding arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award of the Arbitrator may be entered in any Court having jurisdiction thereof. The fees of the mediator and/or the arbitrator shall be equally paid by the parties hereto.
8. INDEPENDENT CONTRACTOR: Both the Company and the Client agree that the relationship created by this Agreement is that of Independent Contractor, and not that of employee and employer, and shall not be construed otherwise.
9. BUSINESS HOURS: The Company is available 9 AM to 5 PM, Monday through Friday. The Company and its personnel can be reached by telephone at (646)418-27793 or by email at andrea@callandrea.com.
10. NOTICES: All notices necessary or desirable to be given hereunder shall be in writing and delivered in person or sent by certified mail or overnight delivery, return receipt requested, if to the Company, addressed at:
Call Andrea a division of Geoffrey Drew Marketing Inc.
2440 Broadway
New York, New York 10024
and, if to the Client, addressed to the Client at:
[First Name] [Last Name]
[Number and Street]
[City], [State] [Zip Code]
or to such other address as is stated in a notice given in compliance herewith. Any notice in accordance with the foregoing shall be deemed to have been given when delivered in person, by email, or, if mailed, on the day received or refused by the intended recipient. Notices email will be deemed to have been received on the transmission date unless sent outside of normal business hours, in which case receipt will be deemed to be the next normal business day.
11. LEGAL FEES: If either party brings an arbitration proceeding or a lawsuit in order to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees in addition to any other relief to which that party may be entitled.
12. INABILITY TO PERFORM: If by reason of: act of God; inevitable accident; fire; lockout, strike or other labor dispute; riot or civil commotion; act of public enemy, enactment, rule, order or act of government or governmental instrumentality (whether federal, state, or local); failure in whole or in part of the Company to perform under the terms of this Agreement, it shall not constitute a breach of this Agreement by the Company, except to the extent of refunding any advance payments made by the Client for the service not provided and for .
13. APPLICABLE LAW: The interpretation, construction and enforcement of this Agreement shall be in accordance with the Law of the State of New York.
14. AMENDMENTS: Any changes or amendments to this Agreement must be made in writing and signed by the parties hereto.
15. PARTIES BOUND: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successor and permitted assigns.
16. ENTIRE AGREEMENT: This instrument embodies the entire agreement between the parties hereto with respect to the transactions contemplated herein, and there have been no agreements, representations or warranties between the parties other than those set forth or provided for herein.
17. SIGNATURES: This Agreement may be executed in several counterparts, which shall constitute one and the same instrument.
IN WITNESS HEREOF, the parties hereto have hereunto set their hands and seals as of the day and year first written above.
By:_____________________
[The Client]
By: ____________________
Call Andrea a Division of Geoffrey Drew Marketing Inc.
[Authorized Signatory]
Schedule 1.
Errand Running Service including taking things to and picking things up from the various local merchants such as the dry cleaner, going the Post Office for stamps, mailing things, getting Money Orders, stopping at the bank to make deposits, to pay certain bills and to pick up certain documents, go to the pharmacy for dropping off and picking up prescriptions and various necessities, and delivering various things in and around town that the Client prefers not to send by mail or really in any other way but in person by someone known to them.
Prepare detailed itineraries for domestic and or international travel for business or for pleasure or both.
Organize and maintain personal or business filing system.
Coordinate gift buying and greeting card mailing throughout the year.
Conduct Internet based research for product items and comparative pricing of such items.
Prepare and process expense reports.
Personal Navigation: Manage appointments and scheduling.
Provide problem solving assistance.
Provide general office assistance with regard to organization, administrative assistance and data entry and management.
Assist in the complexities of moving from one residential or office location to another; including scheduling, packing, labeling, interfacing with moving companies and laborers, doormen installers and the like.
Event hosting coordination and preparation including, decor, catering, photography, venue selection, staffing, flowers, audio recording, signage, etc.
secure theater tickets, make restaurant reservations, schedule golf tee times, arranging private tours of special and famous places such as the Empire State Building, Radio City Music Hall and so many other great places in our city.
Office Help is not for everyone. But, it is for Call Andrea. We are not proud. Whether it is filing, organizing, copying, faxing ar administering ongoing programs, just Call Andrea and we will get things done and keep things neat and tidy.
Planning Dinner Parties and Other Events are great reasons to Call Andrea. Everything that goes into fabulous parties and events are elevated from "must do" to "all done" with great energy and panache. Every element, from invitations to menus, from selecting venues to decor, from music to photography; and everything in between gets done with your stamp on each element but without your having do anything in the way of heavy lifting. We even stamp the envelopes.
Repair and Maintenance Service - Call Andrea when things go awry or need sprucing up a bit. We will help settle on who will do what and when and for how much and will be your eyes and ears on the job to make sure things get done and done properly.
Shopping Services can be the most fun service offered by Call Andrea. We just love to shop, even if it is not for us. We can shop for groceries, gifts, wrapped on unwrapped, clothing, toys, electronics, furniture, jewelry; costume or real, books, sports equipment, flowers, house plants, art work, lessons and training in sports, the arts, ballroom dancing and the like, and almost anything else; as long at is legal and, from our point of view, fun. Sometimes, like when something does not fit or i not just right, things may need to be returned. It is part of the shopping experience and process and we do that too. Just Call Andrea.
Transportation Service - Whether you need to get yourself across the country or across the world or if you are shipping something special to Aunt Millie, call Andrea. We will make all the arrangements for you to get from here to there safely, in the style you prefer and when you want to be there. Or, for thing that need to be delivered quickly or just when ever they get there, Call Andrea and we will set it up and get it done for you.
Travel Service - Is this the right trip for you? Call Andrea to help zero in on just he right trip you want to take. And, then we will be pleased to make all the necessary reservations, flight connections, side trip arrangements, restaurant reservations, and anything related to national and international travel for you and your family or company.
Writing and Proofreading Services are something you might expect you can do with a computer. But, as good as they are, computers are not quite up to the task; not yet anyway. So, when you need assistance in preparing something special, such as speech before your club, a set of guidelines or instructions for a scavenger hunt for a local charity event; anything really. Just Call Andrea.
Ad hoc Services - Everyone is different and you just never know when special help of almost any kind may be needed. So, even if you need a special reminder to make sure you get to a particular place at a particular time and you do not want to depend on an alarm clock or the like, just Call Andrea. When everything seems to be falling apart and you wish the Marines would finally land and take over, Call Andrea. We will calm the waters, get things cleaned up and even call the Marines if necessary.
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