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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 highlights the importance of prompt and timely performance of the servicer's obligations and emphasizes the customer's right to terminate the agreement if the servicer fails to proceed diligently with the services or suspends the carrying out of the services before completion.
The agreement begins with an interpretation section that defines key terms and provides general provisions. It then outlines the servicer's obligations, including the use of professional knowledge and skills to provide the services, compliance with laws and regulations, and engagement in best and commercially reasonable efforts to provide the services. The agreement also specifies that any services outside the scope defined in the agreement will require a new agreement.
The completion of the work section emphasizes the importance of timely completion of the services by the completion date. It allows for extensions of the completion date if there are valid reasons for delay, but also provides for liquidated damages if the services are not completed by the completion date.
The agreement includes provisions regarding the workers assigned to perform the services, including requirements that they not report to perform the services under the influence of alcohol or drugs and not consume alcohol or drugs while performing the services. It also requires the servicer to obtain all necessary licenses, permits, and certifications for providing the services, including appropriate permits for the application of chemicals.
Background checks on all employees are required, and the servicer must affirm that no employee has any criminal history or is listed on any sex-offender registry.
The servicer is responsible for obtaining the necessary licenses and approvals for doing business in the relevant jurisdiction.
The agreement specifies the service fees to be paid by the customer for the services rendered. It outlines the invoicing and payment process, including the submission of invoices and itemized expenses. The servicer is responsible for furnishing their own supplies and equipment unless otherwise agreed upon.
Warranties and indemnities are provided by the servicer, including prompt notification of any delays or problems, provision of further services to rectify any defects, and maintenance of necessary insurances to cover liability for injury or damage.
The agreement has a term and termination section that allows for termination by either party upon written notice. It also includes provisions regarding ownership of materials, intellectual property, confidential information, announcements/publicity, amendment, assignment, severability, further assurance, warranty of capacity and power, force majeure, and no rights under contracts for third parties.
The agreement includes a jurisdiction clause and specifies the addresses for service of notices.
The agreement may be executed in counterparts, with each counterpart being an original but all together constituting one instrument.
1. Provide information: 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. Specify the scope of services: Clearly describe the type(s) of lawn maintenance services to be provided by the Contractor. This ensures that both parties are aware of the scope of work and can avoid any misunderstandings.
3. Agree on completion date: Set a completion date for the services. Time is of the essence, so prompt and timely performance is required. If there are valid reasons for delay, extensions of the completion date can be granted.
4. Specify payment terms: Clearly specify the agreed price for the services and the time of payment. This ensures that both parties are aware of the payment terms and can avoid any disputes.
5. Outline workers' requirements: Specify that the workers assigned to perform the services must not report under the influence of alcohol or drugs and must not consume alcohol or drugs while performing the services.
6. Obtain necessary licenses and permits: The Contractor should obtain all necessary licenses, permits, and certifications for providing the services, including appropriate permits for the application of chemicals.
7. Conduct background checks: The Contractor should affirm that comprehensive background checks have been carried out on all employees and that no employee has any criminal history or is listed on any sex-offender registry.
8. Provide warranties and indemnities: The Contractor should agree to promptly notify the Customer of any delays or problems in the provision of the services and to provide further services to rectify any defects. The Contractor should also maintain necessary insurances to cover liability for injury or damage.
9. Termination: The agreement can be terminated by either party upon written notice. The Customer may terminate the agreement if the Contractor fails to proceed diligently with the services or suspends the carrying out of the services before completion.
10. Ownership of materials and intellectual property: Specify that materials and goods delivered to or placed on the property become the property of the Customer. Any intellectual property developed under the agreement becomes the property of the Customer.
11. Confidentiality: Both parties should keep the terms of the agreement and any confidential information disclosed during the arrangement confidential, unless required by law or regulatory bodies.
12. Amendment: Any variations to the agreement must be in writing and signed by or on behalf of the parties.
13. Service of notices: Notices should be served by hand, email, or post, and the addresses of the parties should be specified for the purpose of service.
14. Counterparts: The agreement may be executed in any number of counterparts, with each counterpart being an original but all together constituting one instrument.