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This Service Agreement - Lawn Maintenance is a legally binding document that outlines the terms and conditions between the servicer and the customer for the provision of lawn maintenance services. The agreement emphasizes the importance of prompt and timely performance of the servicer's obligations.
The document begins with an interpretation section, defining key terms and providing general provisions. It includes definitions for agreement, services, completion date, and more. The agreement also clarifies that references to persons include individuals, bodies corporate, unincorporated associations, and partnerships.
The servicer's obligations are outlined in detail in Section 2. The servicer agrees to use its professional knowledge and skills to provide the lawn maintenance services to the customer's property. The servicer will generally perform the services on a weekly basis, but may adjust the frequency during certain seasonal periods to protect the health of the lawn. The servicer is also obligated to provide the services in a professional and diligent manner, complying with all applicable laws and regulations.
Section 3 focuses on the completion of the work. It states that the services should be completed by the agreed-upon completion date. If there is a delay, the customer may grant an extension, and if the services are not completed by the completion date, the customer is entitled to liquidated damages per week.
Section 4 addresses the workers assigned to perform the services. The servicer will send a team of employees to the property, reserving the right to change employee assignments if necessary. The employees are entitled to breaks and are prohibited from working under the influence of alcohol or drugs.
Section 5 highlights the importance of obtaining all necessary licenses, permits, and certifications for providing the services. The servicer must comply with all applicable laws and regulations, particularly those related to anti-bribery and corruption, and data protection.
Section 6 emphasizes the importance of comprehensive background checks on all employees. The servicer affirms that its employees have no criminal history and are not listed on any sex-offender registry.
Section 7 addresses the use of photographs of the property. The customer grants the servicer the right to use, alter, and publish photographs for various purposes, releasing all claims to profits arising from their use.
Section 8 requires the servicer to obtain the necessary licenses and insurance coverage. The customer agrees to be responsible for treating any injuries sustained by the servicer or its employees due to the customer's gross negligence.
Section 9 outlines the service fees and payment terms. The customer agrees to pay the servicer a service fee for the services rendered, and the servicer will invoice the customer 7 days prior to the payment date. Late payments will incur a 3% per month late charge. The servicer may also incur expenses not included in the fee, and the customer agrees to reimburse the servicer for these expenses.
Section 10 includes warranties and indemnities. The servicer agrees to promptly notify the customer of any delays, problems, or complaints related to the services. The customer must report any defects in the servicer's performance, and the servicer must rectify any defaults as soon as reasonably practicable.
Section 11 addresses the term and termination of the agreement. The agreement will continue for a specified period or until the completion of the services, unless terminated earlier by either party. Termination may occur with written notice, bankruptcy, breach of material provisions, or failure to proceed diligently with the services.
Section 12 clarifies the ownership of materials and intellectual property. Materials delivered to the property become the customer's property, and any intellectual property developed under the agreement becomes the customer's sole property. The servicer may not use the customer's intellectual property without written consent.
Section 13 establishes confidentiality obligations for both parties. They must keep confidential any information disclosed during the agreement, except for certain exceptions such as information already in the public domain or required to be disclosed by law.
Section 14 requires prior approval for any announcements or disclosures related to the agreement, unless required by law or regulatory bodies.
Section 15 states that any variations to the agreement must be in writing and signed by the parties. Variations do not constitute a general waiver of any provisions and do not affect rights and obligations already accrued.
Section 16 prohibits the assignment or subcontracting of the agreement without prior written consent.
Section 17 includes a severability clause, stating that if any provision of the agreement is deemed illegal or unenforceable, it will be removed without invalidating the remaining provisions.
Section 18 requires the parties to perform any further acts or execute additional documents necessary to implement the agreement.
Section 19 contains a warranty of capacity and power, stating that each party has the authority and capacity to enter into and carry out its obligations under the agreement.
Section 20 addresses force majeure events, stating that none of the parties will be liable for any failure or delay in performing their obligations due to causes beyond their reasonable control.
Section 21 clarifies that the agreement does not confer any rights on third parties to enforce its terms.
Section 22 encourages amicable resolution of disputes and specifies that the proper law governing the agreement is to be determined by the parties.
Section 23 outlines the requirements for notices and service, including delivery by hand, email, or post.
Section 24 allows the agreement to be executed in counterparts, with each counterpart considered an original document.
This Service Agreement - Lawn Maintenance is a comprehensive document that protects the rights and interests of both the servicer and the customer. It ensures that the services are provided in a professional and timely manner, with clear payment terms and provisions for dispute resolution.
To use this Service Agreement - Lawn Maintenance effectively, follow these steps:
1. Provide accurate information: Enter the names and addresses of both parties, the servicer and the customer, in the agreement. This ensures that both parties are clearly identified.
2. Understand the services and completion date: Familiarize yourself with the lawn maintenance services to be provided by the servicer. Make sure to agree on a completion date for the work. This will help manage expectations and deadlines.
3. Clarify the scope of services: Discuss and agree on the specific lawn maintenance services to be provided by the servicer. Clearly describe the type of services required to avoid any misunderstandings.
4. Agree on payment terms and warranty: Determine the length of the warranty and the 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. Specify damages for non-completion: If the services are not completed by the agreed completion date, specify the amount of damages per week that the customer is entitled to. This ensures that both parties understand the consequences of non-completion.
6. Understand the workers' rights and responsibilities: Be aware that the servicer will assign a team of employees to perform the services. Understand the employees' entitlement to breaks and their obligations regarding alcohol and drug use.
7. Ensure compliance with laws and permits: Confirm that the servicer will obtain all necessary licenses, permits, and certifications required to provide the services. This includes proper application of chemicals on the property.
8. Verify background checks: Request confirmation from the servicer that comprehensive background checks have been conducted on all employees. Ensure that no employee has a criminal history or is listed on any sex-offender registry.
9. Review the release and use of photographs: Understand that the servicer may use photographs of the property for various purposes. Clarify any concerns or restrictions regarding the use of these photographs.
10. Confirm licenses and insurance: Verify that the servicer will obtain the necessary licenses and approvals for doing business. Ensure that the servicer maintains appropriate insurance coverage to protect against liability.
11. Understand the service fees and payment terms: Review the service fee schedule and payment terms. Be aware of the invoicing process and any late payment charges. Discuss any additional expenses that may be incurred and the process for reimbursement.
12. Comply with warranties and indemnities: Both parties should promptly notify each other of any delays, problems, or complaints related to the services. Report any defects in the servicer's performance, and work together to rectify any defaults.
13. Be aware of termination rights: Understand the conditions under which either party may terminate the agreement. Ensure that termination rights are exercised in accordance with the agreed-upon notice periods and grounds for termination.
14. Clarify ownership of materials and intellectual property: Confirm that materials delivered to the property become the customer's property. Understand that any intellectual property developed under the agreement belongs to the customer, and the servicer must obtain written consent for its use.
15. Maintain confidentiality: Both parties must keep all information disclosed during the agreement confidential, except for certain exceptions outlined in the agreement.
16. Seek approval for announcements or disclosures: Obtain written approval from the other party before making any announcements or disclosures related to the agreement, unless required by law or regulatory bodies.
17. Seek legal advice for variations: If any variations to the agreement are required, consult with legal professionals to ensure that they are valid and enforceable.
18. Comply with notice and service requirements: Follow the specified methods for delivering notices and ensure that they are served within the designated timeframes.
By following these steps, you can effectively use the Service Agreement - Lawn Maintenance and ensure a smooth and mutually beneficial working relationship between the servicer and the customer.