SERVICE AGREEMENT

August 29, 2023

SERVICE AGREEMENT
BETWEEN

FACILITY MAINTENANCE CONCIERGE (COMPANY)

AND

__________ (CLIENT)


THIS AGREEMENT is made on the _day of _________________20, (hereinafter, “Effective
Date”) entered into by the Company of
_______________________________________________address, and the Client of
_________________________________________________________address. Company and Client
collectively referred to as the “Parties” or individually as the “Party”) and includes that Party’s successors
and assigns.
In consideration of covenants and agreements contained in this agreement, and other good and valuable
consideration, the receipt of which is hereby acknowledged, Parties agree to the following terms and
conditions and to be bound thereby:

  1. TERM
    This agreement shall be valid from the Effective Date until termination.
  2. SERVICES
    The Company shall provide janitorial services to the Client professionally, per industry standards, and the
    terms herein agreed upon. The Client agrees and understands that as part of the services herein, they
    agree to the Company managing vendors that provide the Client with diverse services such as but not
    limited to facility maintenance agreement.
  3. CONTRACT SUM
    For the services rendered, the Client shall pay the Company a monthly management fee of
    $_____________ USD on or before the ______day of the month. This management fee is based on
    employee count. The Client shall also pay all their monthly vendor contracts to the Company on or
    before the 1 st day of each month, and the Company will thereafter pay the Sub-contractors.
  4. LIMITATION OF LIABILITY
    THE COMPANY SHALL NOT BE LIABLE TO THE CLIENT OR ANY THIRD PARTY UNDER
    ANY CIRCUMSTANCES (EVEN IF THIS AGREEMENT IS TERMINATED) FOR ANY
    CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING
    WITHOUT LIMITATION LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR
    BUSINESS ADVANTAGE), WHETHER BASED UPON A CLAIM OR ACTION OF TORT,
    CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY
    DUTY, CONTRIBUTION, CLASS ACTION, MASS TORT, INDEMNITY OR ANY OTHER LEGAL
    THEORY OR CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
    DAMAGES.
    THE COMPANY’S TOTAL LIABILITY UNDER OR RELATING TO THIS AGREEMENT,
    REGARDLESS OF THE CAUSE OR FORM OF ACTION, AND WHETHER BEFORE OR AFTER
    ITS TERMINATION, SHALL NOT EXCEED THE TOTAL OF ALL AMOUNTS PAID TO THE
    COMPANY BY THE CLIENT HEREIN MINUS ANY AMOUNT PAID TO SUB-CONTRACTORS.
  5. TERMINATION AND CANCELLATION
     Fulfillment of the parties’ obligations herein shall constitute termination of this agreement.
     Either party may terminate this agreement upon service of a 30 days written notice. If a Party
    wishes to terminate the contract with less than these stated days, the other Party reserves the right
    to charge costs that they have already paid in advance or incurred.

 This agreement may also be terminated at any time by the mutual written agreement of the
parties.
 The termination of this agreement shall not discharge the liabilities accumulated by either Party.
 Any Clauses intended by the Parties or this agreement to survive the termination of this
agreement shall survive the termination of this agreement by whatever cause.

  1. ASSIGNMENT AND DELEGATION
    Client shall not transfer or assign this agreement without Company’s consent. However, Company may
    transfer or assign this agreement or subcontract its obligations hereunder at any time without Client’s
    consent.
  2. DISPUTE RESOLUTION
    Parties agree to settle disputes under this Agreement through Mediation under the American Arbitration
    Association (AAA).
  3. FORCE MAJEURE
    For this Agreement, “Force Majeure” means an event which a diligent party could not have reasonably
    avoided in the circumstances, which is beyond the control of a party and includes, but is not limited to,
    war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other
    industrial action, terrorist acts, confiscation or any other action by government agencies. A Party’s failure
    to fulfill its obligations due to Force Majeure shall not be considered a breach of this Agreement,
    provided that the Party has taken all reasonable precautions, due care, reasonable alternative measures,
    and minimal delay all to carry out the terms of this Agreement.
  4. DRAFTING RESPONSIBILITY
    Neither party shall be held to a higher standard than the other party in the interpretation or enforcement of
    this Contract as a whole or any portion hereof based on drafting responsibility.
  5. CHANGES TO THE AGREEMENT
    Either Party may request changes to the agreement, but they will only be effective if agreed in writing,
    and signed by all Parties. If any ambiguity is found in the agreement or various documents forming this
    agreement, the Parties shall issue any necessary clarification or instruction.
  6. NO WAIVER
    A waiver by one Party of any right or benefit provided in this Agreement does not infer or permit a
    further waiver of that right or benefit, nor does it infer or permit a waiver of any other right or benefit
    provided in this Agreement.
  7. SEVERABILITY
    The provisions of this agreement are severable. If any provision is held to be invalid or unenforceable, it
    shall not affect the validity or enforceability of any other provision.
  8. COUNTERPARTS
    This agreement may be executed in any number of counterparts, each of which shall be deemed to be an
    original and all of which taken together shall constitute one instrument.
  9. ENTIRE AGREEMENT
    This agreement constitutes the entire agreement between the parties. It supersedes all prior oral or written
    agreements or understandings between the Parties concerning the subject matter of this agreement. All
    documents annexed to this agreement shall be subject to the terms under this agreement, provided that the
    Parties append their signatures on the documents. The Parties will exercise utmost good faith in this
    agreement.
  10. HEADINGS
    The article and section headings in this agreement are for convenience; they form in no part of this
    agreement and shall not affect its interpretation.
  11. PRONOUNS
    All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter,
    singular, or plural, as the identity of the person or entity may require. As used in this agreement: words of
    the masculine gender shall mean and include corresponding neuter words or words of the feminine
    gender, and words in the singular shall mean and include the plural and vice versa.
  12. GOVERNING LAW
    This Agreement shall be governed in all respects by the laws of Texas, and its Courts without regard to its
    conflict of law provisions.
    IN WITNESS WHEREOF, each of the Parties has executed this agreement, as of the day and year set
    forth below.
    Signed by the duly authorized representative of
    the COMPANY

Signature: ………………………………………
Name: ………………………………………….
Designation: …………………………………..
Date: …………………………………………….

Signed by the CLIENT

Signature: ……………………………………
Name: …………………………………………
Date: …………………………………………….

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