
Agreement for Professional Services
This Agreement for Professional Services (the
"Agreement"), effective is by and between Monaco Enterprises (petrent.net), a sole proprietorship, with its principal office in
WHEREAS, Client finds that the Company is willing to perform certain work
hereinafter described in accordance with the provisions of this Agreement; and
WHEREAS, Client finds that the Company is qualified to perform the work,
all relevant factors considered.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein
and intending to be legally bound, the parties hereto agree as follows:
1
. SERVICES.
1
.
1
Services
to Client. The Company shall
provide a reasonable number and variety of pet-friendly rental units in the
client’s marketplace for a term of 90 days.
Client is to use the provided information for his/her own personal use. Based
on varying market trends, including but not limited to vacancy rates, the number
of listings may fall below the average indicated.
1 . 2 Time allowances of contract. Client shall allow full term of membership for company to perform said services.
2
.
PAYMENT
AND INVOICING TERMS.
2
.
1
Payment
for Services. The Company will
be paid in full before services are rendered.
3
.
CHANGES.
3.1 Company may issue written directions within the general
scope of any Services to be ordered. Such
changes (the "Change Order") may be the manner or location at which
the pet-friendly listings may be viewed, or the frequency with which they are
delivered. Changes are not limited
to these examples.
4
. STANDARD
OF CARE.
4.1 The Company warrants that it services shall be performed by
personnel possessing competency consistent with applicable industry standards.
No other representation, express or implied, and no warranty or guarantee
are included or intended in this Agreement, or in any report, opinion,
deliverable, work product, document or otherwise. Furthermore, no guarantee is
made as to the efficacy or value of any services performed.
5
. LIABILITY.
5
.1 Remedy.
Client's exclusive remedy for any claim arising out of or relating to
this Agreement will be for the Company, upon receipt of written notice, either (i)
to use commercially reasonable efforts to cure, at its expense, the matter that
gave rise to the claim for which the Company is at fault, or (ii) return to
Client the fees paid by Client to the Company for the particular service
provided that gives rise to the claim. Client
agrees that it will not allege that this remedy fails its essential purpose.
5
.2 Survival.
Articles 2, 4, 5, and 6 survive the expiration or termination of this
Agreement for any reason.
6
.
USES.
6
.
1
Insecurity
and Adequate Assurances. If
reasonable grounds for insecurity arise with respect to Client's use of services
the Company may demand in writing adequate assurances of Client's use of
services rendered. Specifically the
re-sale and/or re-listing of these properties for profit or not. (i.e. sharing
the information and rental properties listed) under this Agreement.
Unless Client provides the assurances in a reasonable time and manner
acceptable to the Company, in addition to any other rights and remedies
available, Client may partially or totally suspend its performance while
awaiting assurances, without liability to Client.
6
.
2
Severability.
Should any part of this Agreement for any reason be declared invalid,
such decision shall not affect the validity of any remaining provisions, which
remaining provisions shall remain in full force and effect as if this Agreement
had been executed with the invalid portion thereof eliminated, and it is hereby
declared the intention of the parties that they would have executed the
remaining portion of this Agreement without including any such part, parts, or
portions which may, for any reason, be hereafter declared invalid.
Any provision shall nevertheless remain in full force and effect in all
other circumstances.
6
.
3
Modification
and Waiver. Waiver of breach of
this Agreement by either part shall not be considered a waiver of any other
subsequent breach.
6
.4 Assignment.
The Agreement is not assignable or transferable by Client.
This Agreement is assignable or transferable by the Company without the
written consent of Client.
6
.5 Disputes.
The Company and Client recognize that disputes arising under this
Agreement are best resolved at the working level by the parties directly
involved. Both parties are
encouraged to be imaginative in designing mechanism and procedures to resolve
disputes at this level. Such efforts
shall include the referral of any remaining issues in dispute to higher
authority within each participating party's organization for resolution.
Failing resolution of conflicts at the organizational level, the Company
and Client agree that any remaining conflicts arising out of or relating to this
Contract shall be submitted to nonbinding mediation unless the Company and
Client mutually agree otherwise. If
the dispute is not resolved through non-binding mediation, then the parties may
take other appropriate action subject to the other terms of this Agreement.
6
.6 Section
Headings. Title and headings of
sections of this Agreement are for convenience of reference only and shall not
affect the construction of any provision of this Agreement.
6
.7 Residuals.
Nothing in this Agreement or elsewhere will prohibit or limit the
Company's ownership and use of ideas, concepts, know-how, methods, models, data,
techniques, skill knowledge and experience that were used, developed or gained
in connection with this Agreement. The
Company and only the Company has the right to use all data collected or
generated under this Agreement.
6
.8 Governing
Law and Construction. This
Agreement will be governed by and construed in accordance with the laws of
6
.9 Entire
Agreement; Survival. This
Agreement, including any Exhibits, states the entire Agreement between the
parties and supersedes all previous contracts, proposals, oral or written, and
all other communications between the parties respecting the subject matter
hereof, and supersedes any and all prior understandings, representations,
warranties, agreements or contracts (whether oral or written) between Client and
the Company respecting the subject matter hereof.
This Agreement may only be amended by an agreement in writing executed by
the parties hereto.
6
.10 Force
Majeure. The Company shall not
be responsible for delays or failures (including any delay by the Company to
make progress in the prosecution of any Services) if such delay arises out of
causes beyond its control. Such
causes may include, but are not restricted to, acts of God or of the public
enemy, fires, floods, epidemics, riots, quarantine restrictions, strikes,
freight embargoes, earthquakes, electrical outages, computer or communications
failures, and severe weather, and acts or omissions of subcontractors or third
parties.
6
.11 Use By
Third Parties. Work performed by
the Company pursuant to this Agreement are only for the purpose intended and may
be misleading if used in another context. Client
agrees not to use any documents produced under this Agreement for anything other
than the intended purpose without the Company's written permission.
This Agreement shall, therefore, not create any rights or benefits to
parties other than to other Client and the Company.
7. GUARANTEES.
7 . 1 The Company may offer a guarantee that states that the company shall provide a reasonable number of properties that meet the basic specifics requested by the client at time of purchase as requested during the enrollment procedure. "Basic Specifics" includes, town, neighborhood, number of bed rooms, and pet allowances. Company defines a reasonable number of properties as 8. Company does not guarantee rent rates requested. Nor does the guarantee cover such specialized requests such as "private pool", "private yard" or "off street parking", and is not limited to these examples. Company is allowed full 90 day term of contract to fulfill said quota. This guarantee may not be offered in all marketplaces. Guarantee is void if service is purchased by the client at a discounted or special price or if no request of property specifics is made by the client at time of purchase. To request a refund client will sign a refund request affidavit that will be mailed by the company at clients request.