This Biscochito LLC Services Agreement is an agreement between you and Biscochito (or one of its affiliates) that governs your use of Biscochito Home Companion Services. Biscochito reserves the right to update and modify this service agreement at any time and without notice. 

This Home Companion Services Agreement (“Agreement”) sets forth the terms and conditions under which Biscochito, LLC (“Service Provider”) will provide home companion care services to you (“Client”).  By Client’s or Client’s Authorized Representative’s online acceptance and/or receipt of services, whichever is first, Client agrees to the terms and conditions in this Agreement.  

We understand that you may have questions about the Biscochito Services Agreement. We have an FAQ page (https://biscochito.care/FAQ) that provides more information, including what Biscochito products and services it covers. Whenever we make changes, we provide a summary of the most notable changes to the current Biscochito Services Agreement. We will also continue to provide a summary of the changes to the previous version, and a link to the previous version, of the Biscochito Services Agreement on the Summary of Changes (https://biscochito.care/tos/updates) page.  

1. AUTHORIZATION.  If an Authorized Representative of the Client is executing this Agreement on behalf of the Client, the Authorized Representative warrants and represents that the Authorized Representative has legal authority to execute this Agreement and will provide a copy of the instrument granting such authority at the time of the execution of this Agreement.The Client or Client’s Authorized Representative hereby grants the authority to the Service Provider to provide companion care services, as further defined in this Agreement, to Client at Client’s home.   

2. CLIENT CONTACT INFORMATION. The Client’s primary contact is the information provided during the online enrollment process. 

3. CONFIDENTIALITY.  Service Provider understands that any and all private information obtained about the Client, Client’s family or relatives during the course of this engagement, including but not limited to medical, financial, legal, career and assets are strictly confidential and may not be disclosed to any third party for any reason. The obligations of the Service Provider under this clause survive termination of this Contract. Service Provider will adhere to all applicable Federal and State statutes and regulations, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and will make their best efforts to preserve data integrity and the confidentiality of protected health information.

4. TERM OF AGREEMENT. The term of this Agreement will start on the first day that Client receives any service from Service Provider (the “Effective Date”) and will continue as needed until the Agreement is terminated by either party, as provided in this Agreement.   

6. SCHEDULING.  Services will be provided for the hours and days requested by Client through the online request for service or service request via phone call. Visits will be confirmed by Service Provider the afternoon before the visit. If a visit is canceled or changed with less than 24 hour notice and Service Provider is unable to fill the shift, Client will be charged 60% of the total visit amount.  

7. FEES FOR SERVICES.  Service Provider will charge the following rates for Services (“Fees”).The Client shall pay a contract price to the Service Provider at an amount of $45 per hour. Service Provider will charge a mileage rate of $0.67 per mile for transportation services provided by its employees to the Client.  

8. PAYING FOR SERVICES.  Client assumes full responsibility for the payment of any and all sums that become due for Services. Client may pay by check on the day Services are provided or Service Provider will invoice the client the sum total of fees due on a bi-monthly basis and is due within 7 calendar days of the date of the invoice. 

9. CLIENT’S RESPONSIBILITIES. Client will not solicit Service Provider’s employees to work for Client independently. Client acknowledges that asking an employee of Service Provider to work for Client independently is not only inappropriate and prohibited under this Agreement, but it may also result in the employee’s termination of employment from Biscochito LLC if they choose to accept an offer to work for Client independently.  Client will not give an employee of Service Provider a check, credit card, or bank card (ATM, LINK, debit, etc.) for withdrawals, activation, or shopping.  Likewise, Client will not provide confidential financial information to any employee of Service Provider.  Client will not give an employee of Service Provider cash for assistance with shopping or other small daily expenses.  Any exception to these prohibitions must be provided to Service Provider in writing, utilizing the cash authorization form on Appendix A.  Client releases Services Provider from any liability or obligation arising from the unauthorized provision of cash or other items paid or given to employees of Service Provider. Client will not give gifts to employees of Service Provider in value more than $25 without prior approval by Service Provider.  Client will not be released from their obligation to pay Fees for Services as a result of the provision of cash or other items paid or given directly to employees of Service Provider.  

10. SUPPLIES AND EQUIPMENT.  Client is responsible for providing all supplies (i.e., cleaning, personal care supplies, including latex gloves, needed for the safe execution of any kind of personal care) and equipment which may be necessary for provision of Services.  

11. TERMINATION OF THIS AGREEMENT.  Either Client or Agency may terminate this Agreement. 

12. GOVERNING LAW.  The laws of the State of New Mexico shall govern the terms and conditions of the Agreement, without regard to choice of law principles.  

13. SEVERABILITY.  In case of any term, phrase, clause, section, restriction, covenant, or agreement contained in this Agreement shall be held to be invalid or unenforceable and incapable of being reformed, the term and condition will be severable from the rest of the Agreement and shall not defeat or impair the remaining provisions of the Agreement. 

15. WAIVER.  The waiver by Service Provider of a breach of any provision of this Agreement by Client shall not operate or be construed as a waiver of any subsequent or continuing breach of this Agreement by Client.  Likewise, the waiver by Service Provider of entitlement to fees for certain Services from time to time is not a waiver of this Agreement. 

16. ASSIGNMENT.  This Agreement may not be assigned under any circumstances by the Client. 

17. AMENDMENT. This Agreement may be modified or amended in writing, if the writing is signed by both parties. 

18. ENTIRE AGREEMENT.  This Agreement, including any Addendum or Schedule attached hereto, constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes and replaces all prior oral or written representations or agreements. 

By accepting this Agreement during enrollment, Client hereby consents to receive the Services in accordance with the terms and conditions of this Agreement. Regardless, acceptance of any service by the Client from the Service Provider constitutes acceptance of this agreement.