CONSULTANT-CLIENT FEE AGREEMENT
Argento Financial Systems LLC (“Consultant”), and {Individual Name (First):14.3} {Individual Name (Last):14.6} {Business Name (First):6.3} (“Client”)
hereby agree that Consultant will provide consulting services to Client on the terms set forth below.
1. CONDITIONS.
This Agreement will not take effect, and Consultant will have no obligation to provide consulting services, until Client reads, accepts this Agreement and pays the initial deposit called for under Paragraph 4.
2. SCOPE OF SERVICES.
Client hires Consultant to provide consulting services in the following matter: M&A PROCEEDS AND ANY RELATED MATTERS. Consultant will provide those consulting services reasonably required to represent Client. Consultant will take reasonable steps to keep Client informed of progress and to respond to Client’s inquiries. If a court action is filed, Consultant will represent Client through trial and post-trial motions. This Agreement does not cover representation on appeal or in execution proceedings after judgment. Separate arrangements must be agreed to for those services. Services in any matter not described above will require a separate written agreement.
3. CLIENT’S DUTIES.
Client agrees to be truthful with Consultant, to cooperate, to keep Consultant informed of any information or developments which may come to Client’s attention, to abide by this Agreement, to pay Consultant’s bills on time, and to keep Consultant advised of Client’s address, telephone number and whereabouts. Client will assist Consultant in providing necessary information and documents and will appear when necessary at legal proceedings.
4. DEPOSIT.
Client agrees to pay Consultant an initial deposit in relation to his holdings/proceeds value. The hourly charges will be charged against the deposit. The initial deposit, as well as any future deposit, will be held in a trust account. Client authorizes Consultant to use that fund to pay the fees and other charges as they are incurred. Payments from the fund will be made upon submitting billing statement to Client. Client acknowledges that the deposit is not an estimate of total fees and costs, but merely an advance for security.
Whenever the deposit is exhausted, Consultant reserves the right to demand further deposits. Once a service is provided, Client shall pay all sums then owing and deposit the Consultants’ fees estimated to be incurred in preparing for and completing the trial or arbitration, as well as the jury fees or arbitration fees, expert witness fees and other costs likely to be assessed. Those sums may exceed the maximum deposit.
Client agrees to pay all deposits after the initial deposit within 5 business days of Consultant’s demand. Unless otherwise agreed in writing, any unused deposit at the conclusion of Consultant’s services will be refunded.
Any and all funds obtained by settlement, award, or recovery, shall be made payable to and deposited in “Argento Financial Systems LLC”, and shall be applied to any outstanding invoices prior to disbursement to the Client.
5. CONSULTING FEES AND BILLING PRACTICES.
Client agrees to pay by the hour at Consultant’s prevailing rates for all time spent on Client’s matter by Consultant’s personnel.
Current hourly rates for Consultant’s personnel are varying by the value of Client’s holdings/proceeds and are as follows:
For Clients with holdings/proceeds valued at less than $500.000,00: Associates $83.33/hour
For Clients with holdings/proceeds valued at more than $500.000,00 but less than $1.000.000,00: Associates $166.66/hour
For Clients with holdings/proceeds valued at more than $1.000.000,00: Associates $250.00/hour
For the avoidance of doubt: Package selected by the client was: {Product Name:30} with an initial deposit of {Total:31}
The rates on this schedule are subject to change on 30 days’ written notice to Client. If Client declines to pay increased rates, Consultant will have the right to withdraw as Consultant for Client.
The time charged will include the time Consultant spends on telephone calls relating to Client’s matter, including calls with Client, M&A Participants, witnesses, counsels or court personnel. The personnel assigned to Client’s matter may confer among themselves about the matter, as required and appropriate. When they do confer, each person will charge for the time expended, as long as the work done is reasonably necessary and not duplicative. Likewise, if more than one of the personnel attends a meeting, court hearing or other proceeding, each will charge for the time spent. Consultant will charge for waiting time in court and elsewhere and for travel time, both local and out of town.
Time is charged in fifteen-minute increments of an hour.
6. COSTS AND OTHER CHARGES.
(a) Consultant will incur various costs and expenses in performing consulting services under this Agreement. Client agrees to pay for all costs, disbursements and expenses in addition to the hourly fees. The costs and expenses commonly include, service of process charges, filing fees, court and deposition reporters' fees, jury fees, notary fees, deposition costs, long distance telephone charges, messenger and other delivery fees, postage, photocopying and other reproduction costs, travel costs including parking, mileage, transportation, meals and hotel costs, investigation expenses, consultants' fees, expert witness, professional, mediator, arbitrator and/or special master fees and other similar items. Except for the items listed below, all costs and expenses will be charged at Consultant’s cost (Forwarded to the Client).
In-office photocopying: $0.25/black & White pages $1.00/color pages
(b) Out of town travel. Client agrees to pay transportation, meals, lodging and all other costs of any necessary out-of-town travel by Consultant’s personnel. Client will also be charged the hourly rates for the time personnel spend traveling.
(c) Experts, Consultants and Investigators. To aid in the preparation or presentation of Client’s case, it may become necessary to hire expert witnesses, consultants or investigators.
Client agrees to pay such fees and charges. Consultant will select any expert witnesses, consultants or investigators to be hired, and Client will be informed of persons chosen and their charges.
Additionally, Client understands that if the matter proceeds to court action or arbitration, Client may be required to pay fees and/or costs to other parties in the action. Any such payment will be entirely the responsibility of Client.
7. BILLING STATEMENTS.
Consultant will send Client periodic statements for fees and costs incurred. Each statement will be payable within 10 days of its mailing date.
Client may request a statement at intervals of no less than 30 days. If Client so requests, Consultant will provide one within 10 days. The statements shall include the amount, rate, basis of calculation or other method of determination of the fees and costs, which costs will be clearly identified by item and amount.
CLIENT HEREBY UNDERSTANDS AND AGREES THAT ANY UNPAID FEES AND COSTS BILLED IN EXCESS OF THE RETAINER PAID, OR SHOULD ANY PART OFTHE RETAINER NOT BE PAID AS SET FORTH HEREIN, SAID AMOUNT SHALL ACCRUE INTEREST AT THE RATE OF 1.5% PER MONTH UNTIL PAID, COMMENCING TEN (10) DAYS AFTER CLIENT IS BILLED, OR THE COST OR FEE IS OTHERWISE DUE AND PAYABLE. CONSULTANT’S POLICY REGARDING THE MATTER OF INTEREST CHARGES IS SET FORTH IN THE DISCLOSURE STATEMENT ON FINANCE CHARGES, A COPY OF WHICH IS ATTACHEDHERETO AND MADE A PART HEREOF AS ATTACHMENT I. BY SIGNING THISRETAINER AGREEMENT, CLIENT ACKNOWLEDGES THAT CLIENT HAS READAND UNDERSTANDS THE INFORMATION SET FORTH IN THE DISCLOSURESTATEMENT, AND THAT CLIENT AGREES TO PAY THE INTEREST CHARGES, IFANY, ON ANY OUTSTANDING UNPAID BALANCE, AND ANY COSTS OFCOLLECTION, INCLUDING REASONABLE CONSULTANTS’ FEES NECESSITATEDBY THE NON-PAYMENT OF CLIENT’S BILL IN A TIMELY MANNER.
8. LIEN.
Client hereby grants Consultant a lien on any and all claims or causes of action that are the subject of the representation under this Agreement. The lien will be for any sums owing to Consultant at the conclusion of services performed. The lien will attach to any recovery Client may obtain, whether by arbitration award, judgment, settlement or otherwise. The effect of such a lien is that Consultant may be able to compel payment of fees and costs from any such funds recovered on behalf of Client even if Consultant has been discharged before the end of the case. Because a lien may affect Client’s property rights, Client may seek the advice of an independent lawyer of Client’s choice before agreeing to such a lien. By initialing this paragraph, Client represents and agrees that Client has had a reasonable opportunity to consult such an independent lawyer and— whether or not Client has chosen to consult such an independent lawyer—Client agrees that Consultant will have a lien as specified above.
10. DISCHARGE AND WITHDRAWAL.
Client may discharge Consultant at any time. Consultant may withdraw with Client’s consent or for good cause. Good cause includes Client’s breach of this Agreement, refusal to cooperate or to follow Consultant’s advice on a material matter or any fact or circumstance that would render Consultant’s continuing representation unlawful or unethical. When Consultant’s services conclude, all unpaid charges will immediately become due and payable. After services conclude, Consultant will, upon Client’s request, deliver Client’s file and property in Consultant’s possession unless subject to the lien provided in Paragraph 8 above, whether or not Client has paid for all services.
11. DISCLAIMER OF GUARANTEE AND ESTIMATES.
Nothing in this Agreement and nothing in Consultant’s statements to Client will be construed as a promise or guarantee about the outcome of the matter. Consultant makes no such promises or guarantees.
Consultant’s comments about the outcome of the matter are expressions of opinion only. Any estimate of fees given by Consultant shall not be a guarantee. Actual fees may vary from estimates given.
12. ENTIRE AGREEMENT.
This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.
13. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY.
If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
14. MODIFICATION BY SUBSEQUENT AGREEMENT.
This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them, or an oral agreement only to the extent that the parties carry it out.
15. EFFECTIVE DATE.
This Agreement will govern all consulting services performed by Consultant on behalf of Client commencing with the date Consultant first performed services.
The date at the beginning of this Agreement is for reference only. Even if this Agreement does not take effect, Client will be obligated to pay Consultant the reasonable value of any services Consultant may have performed for Client.
16. FILE RETENTION.
After our services conclude for any reason, Consultant will upon Client’s request, retain the Client file in storage for up to FOUR (4) YEARS in Consultant’s possession. At the conclusion of the retention period, Consultant will, at Consultant’s discretion, destroy it without further notice to Client. Should Client wish to maintain any portion of the file after our service conclude for any reason, Client may request a copy at Client’s expense ($0.25 per page) of that portion of the file client notifies Consultant in writing he wants to maintain, prepaying the cost of copying with Client’s notice.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE CONSULTANT FIRST PROVIDED SERVICES. IF MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. CLIENT SHALL RECEIVE A FULLY EXECUTED DUPLICATE OF THIS AGREEMENT.
DATED: 12/22/2024 , Client
By:
{Individual Name (First):14.3} {Individual Name (Last):14.6} {Business Name (First):6.3}
{Billing Address (Address Line 2):4.2}
{Billing Address (City):4.3} {Billing Address (State / Province):4.4} {Billing Address (ZIP / Postal Code):4.5}
{Billing Address (Country):4.6}
Client Contact Email: {Email:8}
Consultant:
DATED: 12/22/2024 Argento Financial Systems LLC
By:
Argento Financial Systems
848 N. Rainbow Blvd. #9133
Las Vegas NV 89107
ATTACHMENT I
DISCLOSURE STATEMENT ON FINANCE CHARGES CONSULTANT will from time to time bill CLIENT in excess of the retainer paid in the form of an invoice for services rendered at the hourly rates contained by the Retainer Agreement, costs advanced and expenses incurred. The invoice will show a "balance due" that is payable within ten (10) days from the date of the invoice and will thereafter bear a FINANCE CHARGE of one and one half percent (1.5%) per month, that corresponds to an ANNUAL PERCENTAGE RATE of 19.0238%. The balance upon which a FINANCE CHARGE will be imposed is determined by adding all charges for services rendered, all costs advanced, all expenses incurred, and all FINANCE CHARGES which remain unpaid ten (10) days from the date of the invoice in which those charges appear. The amount of the FINANCE CHARGE will be computed by multiplying the overdue balance by one and one half percent (1.5%) per month.
CONSULTANT requests receipt of payment within ten (10) days from the date of the invoice so that FINANCE CHARGES may be avoided. No FINANCE CHARGE will be assessed upon any charges which are paid within ten (10) days of the date of the invoice in which those charges appear. If you receive an invoice that you think is incorrect or insufficiently supported, please write to CONSULTANT as soon as possible in a separate letter. CONSULTANT must hear from CLIENT within ten (10) days after CONSULTANT’S office sent CLIENT the first invoice on which the error or problem appeared. CLIENT can telephone CONSULTANT, but CLIENT must promptly confirm the substance of the conversation in writing to preserve CLIENT’S rights.
In CLIENT’S letter, CLIENT is asked to give CONSULTANT the following information:
1. CLIENT’S name and the invoice number or date;
2. The amount of the claimed error; and
3. A description of the error.
CLIENT does not have to pay any amount in question while CONSULTANT is investigating the claim, but CLIENT remains obligated to pay the portion of CLIENT’S invoice that is not in question. While CONSULTANT’S office investigates, we cannot and will not report CLIENT as delinquent or take any action to collect the amount CLIENT questions.
This DISCLOSURE STATEMENT ON FINANCE CHARGES describes the policy that has governed CONSULTANT’S relationship with CLIENTS effective December 1, 2021.
Please continue to pay: {Total:31}
