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The document titled 'Landscaping Services' is an agreement between a servicer and a customer for the provision of landscaping services. The document begins with an interpretation section, defining key terms and providing general provisions. The servicer's obligations are outlined in section 2, which includes using professional knowledge and skills to provide the services, designing and implementing a landscape based on the customer's preferences and budget, complying with regulations, and providing services in a professional and diligent manner. Section 3 discusses the consultation process between the parties to discuss ideas, planning, and design for the property. Section 4 addresses the need for the servicer to obtain all necessary licenses, permits, and permissions, as well as comply with any rules imposed by the management of the property. The completion of the work is emphasized in section 5, with time being of the essence and the possibility of granting an extension if there are valid reasons for delay. Section 6 outlines the payment terms, including the service fee, invoicing, late charges, and reimbursement of expenses. Section 7 covers warranties and indemnities, with the customer reporting any defects and the servicer rectifying them. Limitations of liability and indemnification obligations are also included. Section 8 discusses the term and termination of the agreement, with provisions for termination by either party under certain circumstances. Background checks on employees are addressed in section 9, ensuring that employees have passed comprehensive background checks and have no criminal history. The customer grants the servicer the right to use photographs of the property for various purposes in section 10. Section 11 requires the servicer to obtain necessary licenses and maintain appropriate insurance coverage. Ownership of materials and deliverables is addressed in section 12, with the servicer reserving intellectual property rights but granting a license to the customer. Confidentiality obligations are outlined in section 13, with exceptions for certain circumstances. The parties must seek approval for any announcements or publicity related to the agreement in section 14. Section 15 states that any variations to the agreement must be in writing and signed by the parties. The assignment of the agreement is addressed in section 16, requiring prior written consent. Severability of provisions is discussed in section 17, with a commitment to negotiate substitute provisions if necessary. Further assurance of performance and execution of documents is required in section 18. The parties represent and warrant their capacity and power to enter into the agreement in section 19. Force majeure provisions are included in section 20, protecting parties from liability for failure or delay due to causes beyond their control. The agreement does not confer rights on third parties, as stated in section 21. Dispute resolution through arbitration is encouraged in section 22. Notice and service provisions are outlined in section 23, specifying methods and addresses for communication. The agreement may be executed in counterparts, as stated in section 24.
1. Discuss ideas and design: Engage in a consultation with the servicer to discuss ideas, planning, and design for the property.
2. Obtain necessary licenses and permits: Ensure that the servicer has obtained all required licenses, permits, and permissions to provide the landscaping services.
3. Monitor progress and completion: Keep track of the progress of the work and ensure that it is completed within the agreed-upon timeframe.
4. Review and approve invoices: Regularly review and approve invoices from the servicer, which should include a breakdown of services performed and any expenses incurred.
5. Report defects and request rectification: Promptly report any defects in the servicer's performance of the services and request rectification as soon as possible.
6. Understand payment terms: Familiarize yourself with the payment terms, including the service fee, invoicing schedule, and any late charges.
7. Comply with rules and regulations: Ensure that the servicer complies with any rules imposed by the management of the property and all applicable laws and regulations.
8. Protect intellectual property rights: Recognize that the servicer reserves intellectual property rights in any deliverables and obtain a license for their use.
9. Maintain confidentiality: Keep the terms of the agreement and any confidential information disclosed by the parties confidential, unless required by law or with the other party's approval.
10. Seek approval for announcements: Obtain written approval from the other party before making any announcements or disclosures related to the agreement.
11. Monitor performance and address disputes: Monitor the servicer's performance and promptly address any disputes or issues that may arise.
12. Comply with termination provisions: Understand the circumstances under which either party can terminate the agreement and comply with the notice requirements.
13. Ensure background checks on employees: Confirm that the servicer has conducted comprehensive background checks on its employees and that they have no criminal history.
14. Grant rights for photograph use: Grant the servicer the right to use photographs of the property for various purposes without expecting compensation.
15. Maintain necessary licenses and insurance: Confirm that the servicer maintains the necessary licenses and insurance coverage for the provision of the services.
16. Understand ownership of materials: Recognize that ownership of materials and deliverables remains with the servicer until payment is made in full.
17. Seek legal advice if necessary: If you have any concerns or questions about the agreement, consider seeking legal advice to ensure your rights and obligations are protected.