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Terms and Conditions

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Client”), and The Family Assistant Co, LLC (“Provider”), concerning your access to and use of the Provider’s website and services. You agree that by accepting these terms, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, please do not accept these Terms and Conditions.

Recitals

WHEREAS, the Provider is a service that provides people with reliable and professional assistance in and around the Jacksonville, FL and St Johns county areas, including but not limited to housekeeping, errands, childcare, pet care, and personal concierge;

WHEREAS, the Client is an adult 21 years of age or older who wishes to engage the Provider to provide certain services for their home and family;

WHEREAS, the Parties desire to enter into this Agreement to set forth the terms and conditions of their relationship and the services to be provided by the Provider.

Agreement

NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties agree as follows

1.    Services. The Provider agrees to provide the services (the “Services”) as described in Exhibit A attached hereto and incorporated herein by reference. The Provider shall perform the Services in a professional, timely, and satisfactory manner, in accordance with the industry standards and best practices, and in compliance with all applicable laws and regulations. The Provider shall use its best efforts to meet the Client’s needs and preferences, and to communicate with the Client regularly and promptly.

2.    Compensation. The Client agrees to pay the Provider the fees (the “Fees”) as described in Exhibit B attached hereto and incorporated herein by reference. The Fees shall be charged to the Client’s payment method on a monthly basis, or as otherwise agreed by the Parties in writing. The Client hereby authorizes the Provider to charge the Client’s payment method for the Fees on a recurring basis until this Agreement is terminated. The Client shall also reimburse the Provider for any reasonable and necessary expenses incurred by the Provider in connection with the performance of the Services, upon submission of receipts or other documentation by the Provider. Examples of this would include but aren’t limited to: Postage, Cleaning Supplies, Building Materials, Memberships, Shopped Items, etc. The Client shall pay the Provider by check, credit card, or any other method agreed by the Parties in writing.

3.    Term and Termination. This Agreement shall commence on the Effective Date and shall continue until terminated by either Party as provided herein. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party 30 days’ prior written notice. Upon termination of this Agreement, the Provider shall cease performing the Services and the Client shall pay the Provider for any Services performed and expenses (if applicable) incurred up to the date of termination. The provisions of Sections 4, 5, 6, 7, 8, and 9 shall survive the termination of this Agreement.

4.    Ownership and Confidentiality. The Provider acknowledges and agrees that any materials, documents, data, or information (collectively, the “Materials”) that the Provider creates, develops, or delivers solely in connection with the Services shall be the sole and exclusive property of the Client. The Provider hereby assigns to the Client all rights, title, and interest in and to the Materials, including but not limited to any intellectual property rights therein. The Provider shall deliver the Materials to the Client upon completion of the Services or upon the Client’s request. The Provider shall not use, disclose, copy, or reproduce the Materials for any purpose other than as necessary to perform the Services, without the Client’s prior written consent. The Provider shall also treat as confidential and not use, disclose, copy, or reproduce any information or data that the Provider receives or learns from the Client in connection with this Agreement, including but not limited to the Client’s personal, financial, or business information, or any information or data relating to the Client’s home, family, or pets (collectively, the “Confidential Information”), without the Client’s prior written consent. The Provider shall return or destroy all Confidential Information upon termination of this Agreement or upon the Client’s request. The Provider shall also comply with all applicable privacy laws and regulations in relation to the Confidential Information. The obligations of this Section shall not apply to any Materials or Confidential Information that: (a) is or becomes publicly available without the Provider’s breach of this Agreement; (b) is or was rightfully known by the Provider before receiving it from the Client; © is or was rightfully obtained by the Provider from a third party who has the right to disclose it; or (d) is or was independently developed by the Provider without using or referring to the Materials or Confidential Information.

5.    Non-Solicitation. The Provider agrees that during the term of this Agreement and for a period of six months thereafter, the Provider shall not solicit, hire, or engage any employee, contractor, or agent of the Client, or induce or attempt to induce any such person to terminate or reduce their relationship with the Client, without the Client’s prior written consent. The Provider also agrees that during the term of this Agreement and for a period of six months thereafter, the Provider shall not, directly or indirectly, solicit, divert, or take away any customer, client, or business partner of the Client, or induce or attempt to induce any such person to terminate or reduce their relationship with the Client, without the Client’s prior written consent.

6.    Indemnification. The Provider agrees to indemnify, defend, and hold harmless the Client and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, liabilities, losses, costs, and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to: (a) the Provider’s breach of any representation, warranty, covenant, or obligation under this Agreement; (b) the Provider’s negligence, willful misconduct, or fraud in connection with the performance of the Services; or (c) any injury, death, or property damage caused by the Provider or the Provider’s employees, contractors, or agents in connection with the performance of the Services. The Client agrees to indemnify, defend, and hold harmless the Provider and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, liabilities, losses, costs, and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to: (a) the Client’s breach of any representation, warranty, covenant, or obligation under this Agreement; (b) the Client’s negligence, willful misconduct, or fraud in connection with this Agreement; or (c) any injury, death, or property damage caused by the Client or the Client’s employees, contractors, or agents in connection with this Agreement.

7.    Limitation of Liability. In no event shall either Party be liable to the other Party for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, revenue, or business opportunities, arising out of or relating to this Agreement, whether based on contract, tort, or any other legal theory, and whether or not the Party has been advised of the possibility of such damages. The total liability of either Party to the other Party for any direct damages arising out of or relating to this Agreement shall not exceed the total amount of Fees paid or payable by the Client to the Provider under this Agreement.

8.    Dispute Resolution. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the Parties, or if the Parties cannot agree, by a single arbitrator appointed by the American Arbitration Association. The arbitration shall take place in Jacksonville, FL, and the award shall be final and binding upon the Parties and may be entered and enforced in any court having jurisdiction thereof. The prevailing Party in any arbitration or litigation shall be entitled to recover its reasonable attorneys’ fees and costs from the other Party.

9.    Miscellaneous. This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous agreements, understandings, or representations, whether written or oral, relating to the subject matter hereof. This Agreement may not be modified or amended except by a written instrument signed by both Parties. This Agreement may not be assigned or transferred by either Party without the prior written consent of the other Party, except that the Provider may assign this Agreement to a successor entity in the event of a merger, acquisition, or sale of substantially all of its assets. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

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