CLIENT SERVICE AGREEMENT
By SOLUX HEALTH SOLUTIONS HOME HEALTH LLC., and the undersigned client (the "Client") and personally guaranteed by the undersigned guarantor ("Guarantor"), if any.
Introduction
SOLUX HEALTH SOLUTIONS HOME HEALTH LLC. provides in-home care to people who require assistance with their activities of daily living. Client desires to engage SOLUX HEALTH SOLUTIONS HOME HEALTH LLC. at the Client's location for such service type(s) and schedule (the "Schedule") as the parties hereto may in advance agree upon as indicated below:
Agreed Hourly Rate: $______ per hour
In consideration of the mutual promises and covenants contained herein and the Terms and Conditions attached hereto, the parties agree a set forth below:
Agreement
Services Fees: The Client agrees to pay SOLUX HEALTH SOLUTIONS HOME HEALTH LLC time and one-half for any hours by SOLUX HEALTH SOLUTIONS HOME HEALTH LLC Contractor. Holidays for which time and one-half will be charged are as follows: After 3PM New Year's Eve, New Year's Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Thanksgiving, after 3PM Christmas Eve, Christmas Day. The weekend rate shall be $1 (one dollar) per hour more than the rate set forth above. SOLUX HEALTH SOLUTIONS HOME HEALTH LLC's fees and expenses are billed every 2 (two) weeks in arrears. Invoices are due immediately upon receipt. SOLUX HEALTH SOLUTIONS HOME HEALTH LLC reserves the right to modify the above referred fees for services.
2. Term: The term of this Agreement shall be from the date set forth above and shall continue, at will, until terminated by: (1) Client following one week advanced written notice to SOLUX HEALTH SOLUTIONS HOME HEALTH LLC or (2) SOLUX HEALTH SOLUTIONS HOME HEALTH LLC immediately and without the necessity of advanced notice. The Client's breach of this provision will result in the Client's forfeiture of the Client's deposit.
3. Deposit: A security deposit equal to (2) two weeks of service fees is due upon the execution of this agreement. The deposit will be fully refunded upon the Client's payment of all amounts due SOLUX HEALTH SOLUTIONS HOME HEALTH LLC.
4. Please Note: RN's are available to make visits at an additional cost.
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement, which incorporates the attached Terms and Conditions as of the date set forth above.
Credit Card Authorization: I hereby authorize payment for all invoices to be applied to the credit card as indicated on this form and understand there is a 3% convenience fee for this service.
Terms & Conditions
Availability of Caregivers: SOLUX HEALTH SOLUTIONS HOME HEALTH LLC will use reasonable efforts to provide the Client with qualified personnel from its available staff and to notify the Client in the event that it does not have the personnel resources to provide an Advanced Care Caregivers Contractor for the benefit of the Client. However, SOLUX HEALTH SOLUTIONS HOME HEALTH LLC makes no representation or warranties, expressed or implied, regarding the availability of a SOLUX HEALTH SOLUTIONS HOME HEALTH LLC Contractor at any given time. If SOLUX HEALTH SOLUTIONS HOME HEALTH LLC personnel do not arrive as scheduled, the Client agrees to promptly contact the SOLUX HEALTH SOLUTIONS HOME HEALTH LLC Office at 772-924-4431. Except in the case of an emergency, the cost of the shift will be due and payable for any scheduled shifts which are not cancelled at least forty-eight (48) hours prior to the scheduled shift.
Payment: Client agrees to pay one (1) week in advance for services ordered to secure their caregivers. Payment is due every Wednesday from the date of the 1st secured check. If payment is not received within ten (10) days from the date of the invoice, a late payment fee of the greater of $50.00 or 5% of the invoice amount will be applied to the following invoice. Interest on unpaid invoices or other amounts due hereunder shall be at the rate of 1.5% per month or the maximum amount permitted by law. No payment by the Client of a lesser amount than the amount set forth on the SOLUX HEALTH SOLUTIONS HOME HEALTH LLC invoice shall be deemed to be a payment in full of the amount due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and satisfaction, and SOLUX HEALTH SOLUTIONS HOME HEALTH LLC may accept such check or payment without prejudice to SOLUX HEALTH SOLUTIONS HOME HEALTH LLC right to recover the balance of such amount due or pursue any other remedy provided for herein. In the event of a bounced check, the client will be charged a bounced check fee of $30.00 as well as a late fee for that period. SOLUX HEALTH SOLUTIONS HOME HEALTH LLC reserves the right to no longer accept personal checks as a method of payment once the client bounces a check.
Supplies: SOLUX HEALTH SOLUTIONS HOME HEALTH LLC's caregivers are required to wear protective gloves while providing services, which gloves shall be supplied by the Client. If the Client fails to supply gloves for the caregiver, SOLUX HEALTH SOLUTIONS HOME HEALTH LLC will provide gloves to the caregiver, and the cost for the same shall be added to the Client's invoice.
Restrictive Covenants: The Client acknowledges that SOLUX HEALTH SOLUTIONS HOME HEALTH LLC has incurred significant expense for the recruitment, hiring, and training of its employees. Thus, during the term of this Agreement and for a period of twelve (12) months thereafter, the Client agrees not to (a) hire, solicit or contact, or attempt to hire, solicit or contact any SOLUX HEALTH SOLUTIONS HOME HEALTH LLC Contractor or (b) otherwise interfere with a SOLUX HEALTH SOLUTIONS HOME HEALTH LLC Contractor's employment relationship with Advanced Care, including, but not limited to requesting or inducing a SOLUX HEALTH SOLUTIONS HOME HEALTH LLC Contractor to provide services comparable to those provided through SOLUX HEALTH SOLUTIONS HOME HEALTH LLC through another entity. Notwithstanding the foregoing, if the Client desires to: 1) engage the SOLUX HEALTH SOLUTIONS HOME HEALTH LLC Contractor directly or 2) cause the SOLUX HEALTH SOLUTIONS HOME HEALTH LLC Employee to provide services through another entity, the Client may request that SOLUX HEALTH SOLUTIONS HOME HEALTH LLC consent to the same. If SOLUX HEALTH SOLUTIONS HOME HEALTH LLC provides its consent, then the Client shall pay to SOLUX HEALTH SOLUTIONS HOME HEALTH LLC an administrative fee of $10,000.00.
Use of Automobile: Client hereby authorizes the SOLUX HEALTH SOLUTIONS HOME HEALTH LLC caregiver to use Client's automobile for errands and to transport Client as needed. Client shall maintain insurance on Client's automobile during the term hereof. If the SOLUX HEALTH SOLUTIONS HOME HEALTH LLC Contractor uses his/her own vehicle for Client errands or for Client transport, Client shall reimburse SOLUX HEALTH SOLUTIONS HOME HEALTH LLC at the rate of $.50 per mile. Notwithstanding the foregoing, all travel must be pre-approved by SOLUX HEALTH SOLUTIONS HOME HEALTH LLC.
Emergencies: In the event of an emergency, the caregiver's sole responsibility is to dial 911, wait for the paramedics and use reasonable efforts to contact the SOLUX HEALTH SOLUTIONS HOME HEALTH LLC Office and/or the Client's family.
Miscellaneous: In no event will SOLUX HEALTH SOLUTIONS HOME HEALTH LLC, its affiliates or any of its directors, officers, employees, or agents be liable for any indirect, punitive, special, incidental, and/or consequential damages in connection with the Services provided hereunder. SOLUX HEALTH SOLUTIONS HOME HEALTH LLC makes no representation or warranties, express or implied, to the Client with respect to the services to be provided. Client acknowledges that SOLUX HEALTH SOLUTIONS HOME HEALTH LLC does not provide insurance covering physical loss or damage to Client's vehicles, machinery, equipment, or materials that are in the care, control or custody of a SOLUX HEALTH SOLUTIONS HOME HEALTH LLC Contractor, and that SOLUX HEALTH SOLUTIONS HOME HEALTH LLC is not responsible for any damage or physical loss related thereto. This Agreement shall be construed, interpreted and governed by the laws of the State of Florida without regard to its conflict of laws principles. The parties hereto acting for themselves and for their respective successors and assignees, without regard to domicile, citizenship or residence, hereby expressly and irrevocably consent to and subject themselves to the jurisdiction of the Florida courts and to venue in Palm Beach, Martin, St. Lucie, Indian River and Okeechobee counties as applicable. With respect to any matter arising under or in connection with this Agreement, SOLUX HEALTH SOLUTIONS HOME HEALTH LLC may, in addition to any other rights and remedies available hereunder, at law or otherwise, be entitled to have an injunction issued by any court of competent jurisdiction restraining the Client or the Guarantor from damages in this regard. This Agreement sets forth the entire understanding of the parties, and no oral agreements or written correspondence shall be held to affect the provisions hereof. This Agreement may be modified or amended by SOLUX HEALTH SOLUTIONS HOME HEALTH LLC upon advanced notice to the Client. Client may not sell, pledge, assign, or otherwise transfer any of its rights under this Agreement. Any notice required or permitted to be sent hereunder shall be in writing and shall be effective upon receipt of personal delivery, overnight courier service, facsimile as confirmed by transmission receipt, or delivery via U.S. Mail to the address of the respective party. All payment obligations and restrictive covenants contained herein shall survive the termination of this Agreement. SOLUX HEALTH SOLUTIONS HOME HEALTH LLC Contractors, agents, officers, managers, and/or members shall have no personal liability to the Client or to any person or entity claiming hereunder. In any action, claim, suit or demand brought under or pursuant to the terms of this Agreement or the Services provided hereunder, the Client's or any other party's maximum recourse shall be limited to the lesser of the value of the SOLUX HEALTH SOLUTIONS HOME HEALTH LLC's assets (or proceeds thereof) or the total amount of the fees received by SOLUX HEALTH SOLUTIONS HOME HEALTH LLC during the six (6) month period prior to such event creating liability. In the event that SOLUX HEALTH SOLUTIONS HOME HEALTH LLC seeks to enforce any provision of this Agreement, SOLUX HEALTH SOLUTIONS HOME HEALTH LLC shall be entitled to reimbursement of all of its costs and expenses, including attorneys' and expert witness fees and court costs, incurred in enforcing such provision.