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The Service Agreement - Snow Plowing is a document that outlines the terms and conditions between the servicer and the customer for the provision of snow plow services. This agreement is important as it establishes the rights and obligations of both parties, ensuring clarity and transparency in the business relationship.
The entire document consists of several sections that cover various aspects of the agreement. The interpretation section defines key terms used throughout the agreement, ensuring a common understanding between the parties. The servicer's obligations section outlines the responsibilities of the servicer in providing the snow plow services. It includes provisions for the professional and diligent performance of services, compliance with laws and regulations, and the requirement for a separate agreement for any services outside the defined scope.
The completion of the work section emphasizes the importance of timely completion of the services. It establishes that time is of the essence and allows for an extension of the completion date under certain circumstances. The service fees section specifies the payment terms, including the fee amount, invoicing schedule, and consequences of late payment. It also addresses the reimbursement of expenses incurred by the servicer.
The staff section clarifies that the servicer will assign a team of employees to perform the services and reserves the right to substitute employees if necessary. The release section grants the servicer the right to use photographs of the property for various purposes and releases the servicer from any claims related to the use of such photographs. The license and insurance section requires the servicer to obtain necessary licenses and approvals and holds the customer responsible for any injury resulting from gross negligence.
The warranties and indemnities section establishes the customer's obligation to report any defects in the services and the servicer's responsibility to rectify such defects. It also limits the liability of the servicer and includes an indemnification clause. The term and termination section specifies the duration of the agreement and the conditions for termination by either party.
The ownership of materials section addresses intellectual property rights and the license granted to the customer. The confidential information section imposes obligations on the parties to keep certain information confidential. The announcements/publicity section requires prior approval for any announcements or disclosures related to the agreement.
The amendment section outlines the requirements for any variations to the agreement. The assignment section restricts the customer from assigning the agreement without consent. The severability section ensures that if any provision of the agreement is deemed invalid, it will not affect the validity of the remaining provisions. The further assurance section obligates the parties to perform additional acts or execute documents as necessary.
The warranty of capacity and power section includes representations and warranties by each party regarding their authority and capacity to enter into the agreement. The force majeure section addresses the parties' liability in case of failure or delay due to circumstances beyond their control. The no rights under contracts for third parties section clarifies that only the parties to the agreement have enforceable rights.
The arbitration and proper law section encourages the parties to resolve disputes amicably and specifies the jurisdiction for any legal proceedings. The notices and service section outlines the methods and deemed times of service for any notices under the agreement. The counterparts section allows for the execution of the agreement in multiple counterparts.
In summary, the Service Agreement - Snow Plowing is a comprehensive document that covers all aspects of the agreement between the servicer and the customer for the provision of snow plow services. It ensures clarity, transparency, and protection of the rights and obligations of both parties.
1. Enter the Contractor's and Customer's information in the agreement, including their principal place of business. This ensures that both parties are clearly identified.
2. Clearly specify the agreed price and completion date of the work to be carried out by the Contractor. This will ensure that both parties are aware of the expectations and deadlines.
3. Clearly describe the type(s) of services to be provided by the Contractor. This ensures that both parties are aware of the scope of work and can avoid any misunderstandings.
4. Both parties should agree on the length of warranty and time of payment after the completion of the work. This ensures that both parties are aware of the payment terms and the length of the warranty.
5. If the work is not completed by the completion date, specify the amount of damages per week that the Customer is entitled to. This ensures that both parties are aware of the consequences of non-completion.
6. The Customer, at their own expense, shall furnish their own supplies and equipment necessary to deliver and complete the services as defined under this agreement unless otherwise agreed upon by the parties. Should the Customer not furnish the agreed-upon supplies, the Customer understands they will be responsible for reimbursing the Contractor for all expenses incurred.
7. The Contractor shall assign and send a team of employees to the property to perform the services. The Contractor reserves the right to change any employee assignment and substitute another employee at any time for any reason whatsoever.
8. The Customer hereby grants the Contractor an irrevocable and unrestricted right to use, alter, and publish photographs of the property for various purposes. The Customer releases all claims to profits that may arise from the use of any photographs.
9. The Customer agrees to hold harmless the Contractor for all liabilities and actions resulting from the use of any photographs of the property.
10. The Contractor shall obtain the necessary licenses and approvals for doing business in the relevant jurisdiction. The Customer agrees to be responsible for the financial costs of treating any injury sustained by the Contractor or its employees and/or contractors resulting from the gross negligence of the Customer.
11. The Customer shall promptly report any defects in the Contractor's performance of the services. The Contractor shall use its reasonable endeavors to rectify any reported defects as soon as reasonably practicable.
12. The Customer will indemnify the Contractor against any liabilities incurred by the Contractor arising out of or as a result of acting as the service provider under this agreement.
13. This agreement shall be effective on the date hereof and shall continue for the agreed-upon period or until the expressly agreed-upon date of completion of the services, unless terminated earlier in accordance with the terms of this agreement.
14. The Contractor may terminate this agreement at any given time upon one month written notice to the Customer.
15. Either party may terminate this agreement if the other party becomes bankrupt, makes any composition or arrangement with its creditors, has a winding up order made, or breaches any material provision of this agreement.
16. The Customer understands that the Contractor may terminate this agreement if the Customer fails to pay for the services provided or breaches any other material provision listed in this agreement.
17. The Contractor reserves all intellectual property rights in any deliverables or in connection with the provision of the services. The Contractor grants the Customer a non-exclusive license to use such rights.
18. The Customer shall keep confidential the terms of this agreement and all information disclosed by the Contractor. Exceptions to this confidentiality obligation include information that becomes publicly available, is disclosed by a third party not under confidentiality obligations, or is required to be disclosed by law.
19. No announcement or disclosure in connection with this agreement shall be made without the prior written approval of the other party, except as required by law or regulatory bodies.
20. Any variation of this agreement must be in writing and signed by the parties. No variation shall constitute a general waiver of any provisions of this agreement.
21. The Customer shall not assign the agreement or sub-contract the performance thereof without the prior written consent of the Contractor.
22. If any provision of this agreement is held to be illegal, void, or unenforceable, the parties shall negotiate in good faith to agree on a valid substitute provision.
23. The parties agree to perform all further acts and execute documents as necessary to implement and give effect to this agreement.
24. Each party represents and warrants its authority and capacity to enter into and carry out its obligations under this agreement.
25. Neither party shall be liable for any failure or delay in performing its obligations under this agreement due to causes beyond its reasonable control.
26. This agreement does not confer any rights under contracts for third parties.
27. Any disputes shall be resolved amicably and in good faith. If not resolved, the parties may resort to arbitration or other agreed-upon methods.
28. Any notices under this agreement shall be served by hand, e-mail, or post, and deemed to be given at specific times depending on the method of delivery.
29. This agreement may be executed in multiple counterparts, each of which is an original but together constitute one and the same instrument.
This guidance provides a concise and practical overview of how to use the Service Agreement - Snow Plowing. It focuses on the key steps and considerations for both parties, ensuring a smooth and effective implementation of the agreement.