1. Unless paid in advance, all charges shall be due and immediately payable upon submission of each invoice. The time and terms of payment are of the essence. Client agrees to pay a 3% late charge per month and all reasonable attorney fees and costs which may be incurred in connection with the collection of any past due account.
2. Notwithstanding anything to the contrary contained herein, neither party shall be liable to the other for any failure or performance hereunder which is due to an act of God, fire, lock-out, strike or other labor dispute, riot or civil disorder, injunction, judgment, adverse claim, fire, flood, delay in transportation, war, whether war has been declared or not, or armed insurrection, enactment, rule, act or order of government, public disaster, mechanical failure, or other acts of a similar or different nature beyond the reasonable control of such party.
3. Client acknowledges that AF SERVICES, INC. is not an insurer. The amounts payable to AF SERVICES, INC., hereunder are based solely upon the value of the services rendered under this Authorization and are unrelated to the value of the Client's property of others located in or about clients' premises. Client acknowledges that AF SERVICES, INC. does not have any specific knowledge of Client's premises of any personal property or fixtures in Client's Premises or the value of any of the aforesaid or of any person or persons that are or may be in or about Client's premises and that it is not possible to ascertain the amount of any damages that might be claimed relative to the services rendered under this Authorization. Client therefore agrees that AF SERVICES, INC. shall not be liable for any loss, damage, or injury arising out of the services rendered by AF SERVICES, INC. and Client further agrees to that extent to indemnify and defend AF SERVICES, INC.
4. This Authorization represents the entire agreement between the parties and no other agreements, understandings of representations, whether oral or written, have been made or relied upon by either party. No modifications of changes can be made unless AF SERVICES, INC. agreed to such in writing.
5. AF SERVICES, INC. reserves the right to terminate the service immediately and without prior notice, upon default by Client on the payment of any monies due AF SERVICES, INC. or upon the bankruptcy or insolvency of Client.
6. The terminology monitor is a general term used by AF SERVICES, INC. to describe Ushers, Monitors, Fire Guards, Security Personnel, Badge Checkers, Doormen, Access Control etc.
7. In the event of cancellation by Client the following cancellation charges will be due. The client will not be charged for services contracted if cancellation notice is given seven days prior to first day of service. The client will be charged for 50% of estimated total hours for services contracted, if cancellation notice is given less than seven days prior to first day of service.
8. The services to be provided by AF Services are intended to serve as a visual deterrent against theft, pilferage, robbery, and vandalism. It is specifically understood that AF Services offers no guarantee against theft, pilferage, robbery, vandalism or any loss or damage to persons, or property, unless such loss or damage results directly from the negligence or willful misconduct of AF Services in the performance of its services hereunder.
9. Insurance surcharge is a charge to offset the post 9/11 increases in insurance costs. It does not imply insurance offered to the client of any type nor does it change any of the aforementioned terms of contract.
AN EQUAL OPPORTUNITY EMPLOYER