Contract of Professional Services No. YL/DGYL 2023
Name of the Group Carlos
Date: Thursday, September 28, 2023
CONTRACT OF PROFESSIONAL SERVICES
Dear
YUCATAN LOVE appreciates your preference for our services, and according to the agreement, then it is extended this CONTRACT TO PROVIDE PROFESSIONAL SERVICES to attend the group: Carlos
SERVICES AGREEMENT ENTERED BY AND BETWEEN ON ONE HAND THE COMPANY IMPULSORA DE TURISMO DE ROMANCE SAPI DE CV. WITH A LICENSED YUCATANLOVE TRADE NAME, REPRESENTED BY MR. LUIS ANGEL CANUL Y GUERRA HERE AND AFTER REFERRED AS “THE SERVICE PROVIDER'', AND IN ANOTHER PART, REPRESENTED BY HERE AND AFTER REFERRED AS “THE COSTUMER'' PURSUANT TO THE FOLLOWING STATEMENTS AND CLAUSES.
STATEMENTS
I. Declares the “CUSTOMER”:
A) To be called as has been reflected in the preamble of this contract.
B) That it wishes to commit to the terms and conditions of this contract, stating that it has the legal capacity to hold this contract and sufficient funds to cover the amounts as stipulated in this contract.
C) Temporarily required to have the services of a natural person with knowledge in planning, design, coordination, implementation and monitoring of social events, and fully meet the characteristics and needs of the services in this contract.
D) In consideration of the above and considering the model of comprehensive wedding planning presented by Mr. LUIS ANGEL CANUL Y GUERRA, has determined the hiring of “SERVICE PROVIDER” for the purposes specified in the preceding paragraph.
E) That for legal purposes of this contract notes as his residence, located in Santa Rosa
Phone number 9993392544
e-mail: charlygoba2@gmail.com .
II. Declares the “SERVICE PROVIDER”:
A) Be a Mexican Moral Person as stated in Public Deed No. 284, passed on the faith of Mr. Bernardo M. Rivadeneyra Pérez, Public Notary No. 25, of the state of Yucatan and registered in the Public Registry of Commerce under No. N-2017050019 dated June 22, 2017
B) That his legal representative is entitled to the celebration of this act, which he accredits with Notary Testimony No. 284 passed on the faith of Mr. Bernardo M. Rivadeneyra Pérez, Notary Public No. 25.
C) It is registered in the Federal Register of Taxpayers under the number ITR170619AJ1 granted by the Tax Administration Service of the Ministry of Finance and Federal Public Credit.
D) That it has the capacity, infrastructure, services and resources necessary to fully comply with the obligations contained in this contract.
E) That within its social object is related to the service of organization and planning of social events.
F) That for the purposes of this contract, as well as for any matter derived from the provision of professional services to “THE COSTUMER” indicates as its address the one located in Av. Colon #201 esq. 24 Col Garcia Ginerés CP 97070, in the city of Mérida, Yucatán. México.
G) For the attention of doubts, clarifications and claims that originate from the provision of the service, telephone (999) 291 2666, with a schedule of attention to the public from Monday to Friday from 09:00 a.m. to 2:00 p.m. and from 4:00 p.m. to 7:00 p.m. and on Saturdays from 9:00 p.m. to 2:00 p.m.
STATEMENTS
FIRST. The “SERVICE PROVIDER” undertakes to perform the services under contract to the customer personally and independently, for the period of from the day we sign the contract, April 14, 2023
until September 28, 2023 , and he will be solely responsible for the execution of services when not comply with the terms and conditions of this contract.
A) If at the end of the contract term, the “CUSTOMER” requires the services of the “SERVICE PROVIDER”, the conclusion of a contract will be agreed by providing professional services, with the formalities in question.
SECOND. Both parties agree to perform services for the planning, design, coordination and supervision of the event called Carlos WEDDING
dated September 28, 2023 , The service provider will invest human and economic resources, as well as working hours.
THIRD. The “CLIENT” must pay to the “SERVICE PROVIDER”, the amount of $
( )
a) The amount of $33,150.00 (thirty-three thousand one hundred and fifty pesos 00/100 M.N) to the signature of this contract as an advance corresponding to 34% of the total price of the service.
b) The amount of $32,175.00 (thirty-two thousand one hundred seventy-five pesos 00/100 M.N) between the signature of this contract and the wedding day. Date JUNE 13TH, 2023, by way of a second payment corresponding to 33% of the total price of the service.
c) The amount of $32,175.00 (thirty-two thousand one hundred seventy-five pesos 00/100 M.N) one month before the wedding day. By way of a third and final payment corresponding to 33% of the total price of the service.
For the advance payment, the service provider shall issue the respective receipt, which shall contain at least the following information: name, company name, date and amount of payment, name and signature of the person duly authorized to receive the advance and the seal of the establishment, the name of the customer, date, time and name of the group.
FOURTH. The total price the customer must solve for the provision of professional services is stipulated in the budget as part of this contract. This price will be paid in cash or certified checks in the establishment of the SERVICE PROVIDER, as well as through bank deposit or electronic transfer to the following account:
BANKING DATA FOR DEPOSITS AND PAYMENTS IN MEXICAN PESOS:
Beneficiary: IMPULSORA DE TURISMO DE ROMANCE SAPI DE CV
Bank: HSBC
SWIFT: BIMEMXMMXXX – HSBC México, S.A
Account: 4067411165
For Interbank Transfers: CLABE: 021 910 040 674 111 658
The “CUSTOMER” must send a copy of each of the payment receipts to e-mail: administracion@yucatanlove.com for their record.
FIFTH. To effect of having security in terms of the number of attendees to the social event, the “SERVICE PROVIDER” sets as a procedure for the control and verification, the following:
The parties shall appoint, each one, a person to the effect that only can enter to the place persons authorized by the “CUSTOMER” for which, may agree on the use of a ticket or password.
The “CUSTOMER” is responsible for the surpluses of people with his express authorization have joined the event. The “SERVICE PROVIDER” is obliged to have a margin of at least 10% (ten per cent) on the total of the service hired to be able to meet the on demand of attendees to the event that is authorized by the “CUSTOMER”.
SIXTH. The “CUSTOMER” has a period of five (5) business days following the signing of this agreement to cancel it without penalty or charge anyone, in which case, the “SERVICE PROVIDER” undertakes to refund all amounts that the “CUSTOMER” has delivered in a period not exceeding five (5) business days after the date of the cancellation request.
The parties agree that after the expiry of the five (5) working days specified in this clause and if either party requires canceling the service provision out of the designated period, the party requesting such cancellation shall:
Pay 34% of the total amount of the contract, if the cancellation is requested 90 working days before the event.
Pay 50% of the total amount of the contract, if the cancellation is requested 60 working days before the event.
Pay 70% of the total amount of the contract, if the cancellation is requested 30 working days before the event.
Pay 100% of the total amount of the contract, if the cancellation is requested 5 business days before the event.
In case the cancellation has been requested by the “CUSTOMER” in the terms stipulated in this Clause, the “SERVICE PROVIDER” shall reimburse the “CUSTOMER” the amount remaining after the “SERVICE PROVIDER” has collected the corresponding penalty payment from the “CUSTOMER”.
SEVENTH. If the goods intended for the provision of the service undergo an impairment by fault or negligence of the “CUSTOMER”, this is obliged to cover the costs of repairing the same, or in its case, to compensate the “SERVICE PROVIDER” with up to 60% of its value.
EIGHTH. The “CUSTOMER” is obliged to designate a trusted person who, during the events for which the “SERVICE PROVIDER” provides its services, it will be who addresses the issues related to the service, so it is obliged to refrain from giving instructions to the staff of the service that is not related to the subject matter hereof and ensure that the staff observes the same conduct. Meanwhile the “SERVICE PROVIDER” undertakes to appoint, from among its staff, a person who, during the celebration of the event, is going to deal with the representative of the “CUSTOMER” or with the “CUSTOMER” about the service issues and it requires that their staff attends with care and courtesy to the attendees.
NINTH. In the event that the SERVICE PROVIDER is unable to provide the service because of an accident or force majeure, such as fire, earthquake or other acts of nature or acts of man beyond the control of the service provider, it will not be incurred in failure, the SERVICE PROVIDER will reimburse the CUSTOMER the advance would have delivered.
TENTH. The SERVICE PROVIDER undertakes to apply their skills and expertise to successfully fulfill the activities entrusted by the CUSTOMER, and to respond to the quality of services and any other liability incurred, using appropriate materials and equipment, according to the requested service, in order to obtain faithful and optimal results to the style of the director, because this is what characterizes the service, pledging to cover the event punctually within the dates stipulated in the second clause of this contract.
ELEVENTH. The SERVICE PROVIDER undertakes to inform and respect the prices, rates, guarantees, quantities, qualities, measures, interest, fees, terms, deadlines, dates, modalities, reservations, and other conditions under which had offered, forced or agreed with the CUSTOMER for the service for which he was hired.
A) The SERVICE PROVIDER undertakes to exhibit markedly visible the total amount payable for the goods, products or services offered to the CUSTOMER to hold the event for which he was hired.
TWELFTH. The parties agree to meet / communicate in advance of the event to address some issues on the logistics of the event. The CUSTOMER at its discretion, will allow or not that meeting and will have all the cooperation and communication to achieve the best result of this work. The customer is willing to accept suggestions from the SERVICE PROVIDER to achieve the optimal development of the logistics of the events to be addressed.
THIRTEENTH. In case the location/production is outside the metropolitan area of Mérida (40 km outside the peripheral of Merida exit point for the location), travel expenses to agree (transportation expenses, accommodation and / or food) will be covered by the CUSTOMER; if these expenses not were covered previously, the SERVICE PROVIDER shall terminate the contract unilaterally without prior notification to the customer.
FOURTEENTH. The service is limited to the internal rules and policies of the locations where the event is going to develop, therefore the CUSTOMER accepts the technical results from the constraints or limitations that these have.
FIFTEENTH. The parties may agree that the customer can freely contract specific services related to social events with other service providers so to suit their interests, and if so, the CUSTOMER quit any responsibility to the SERVICE PROVIDER with regard to such specific services.
SIXTEENTH. It is expressly agreed when the SERVICE PROVIDER use assistants or support staff in the exercise of their activities, taking the work entrusted to it, the personnel will depend solely on him, without any link with the CUSTOMER, being therefore in charge of the service, all work responsibilities arising from the use of the services of staff that will succor him, and that is not made available by the CUSTOMER.
SEVENTEENTH. The dress code of the service provider does not alter, modify or intervenes in the quality of the compromised final product; it undertakes to dress according to the height of events to attend, wearing comfortable clothes and footwear for the agreed day to work.
EIGHTEENTH. It is expressly agreed that failure to comply with any of the obligations herein contracted, and those that follow from the Civil Code for the state of Yucatan in force, as intrinsic to the obligations of the parties shall be grounds for termination of this contract, with payment of damages the failure to comply caused to the counterparty.
NINETEENTH. About confidentiality:
The CUSTOMER agrees not to share confidential or inside information, as well as costs and ways to operate the service, with third parties unrelated to the signing of this contract.
The SERVICE PROVIDER undertakes to maintain data relating to the CUSTOMER as confidential, unless the info is requested in writing by a competent authority. Likewise, it undertakes not to assign or transfer to third parties data and information provided by the CUSTOMER on the occasion of this contract for marketing or advertising purposes.
The CUSTOMER agrees that the SERVICE PROVIDER can photograph the people involved in the production of his event and recognizes that the service will only use that resulting material for reasons of creation, production, advertising, promotion, exhibition and show of their services and own brands. Therefore, the CUSTOMER waives any right of inspection or approval for sale material where they appear for such purposes.
TWENTIETH. The ownership of the economic rights that originate with the execution of the works, object of this instrument rests with the CUSTOMER, giving due recognition for their participation to the SERVICE PROVIDER as a partner paid, who in terms of Article 83 of the Mexican Federal Law copyright shall have the right to be expressly mentioned as author, decorator, translator, compiler, interpreter or performer.
TWENTY-FIRST. The CUSTOMER does not acquire or recognizes any obligation related to employment, in favor of the SERVICE PROVIDER under not apply to the contractual relationship contained in this instrument, Articles 1 and 8 of the Federal Labor Law, so the service will not be considered as a worker for any legal purpose, especially for the benefits provided by the Law Institute for Social Security and Services for State Workers, according to the provisions of Article 1, section VI.
TWENTY-SECOND. The Federal Consumer Protection is competent on the administrative way to resolve any dispute arising over the interpretation or performance of this contract. Notwithstanding the foregoing, the parties submit to the jurisdiction of the competent courts in Merida, Yucatan, expressly waiving any other jurisdiction that may apply, by reason of their present or future domiciled or for any other reason.
Different parties already read the content of this contract and it knows their legal scope, signed in duplicate in the city of Merida, Yucatan, on April 14th, 2023.
THE SERVICE PROVIDER
Luis Ángel Canul y Guerra
THE CUSTOMER