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This Service Agreement - Pool Maintenance Service is a legally binding document that outlines the terms and conditions between the servicer and the client for the provision of pool maintenance services. The agreement highlights the importance of clearly identifying both parties and their principal places of business. It also emphasizes the need to specify the price and completion date of the work to be carried out, as well as the type of services to be provided. The agreement covers various aspects such as the obligations of the servicer, the completion of the work, the assignment of workers, compliance with laws and permits, release of rights to use property photographs, licensing and insurance requirements, service fees and payment terms, warranties and indemnities, term and termination, ownership of materials, confidentiality, announcements/publicity, amendment, assignment, severability, further assurance, warranty of capacity and power, force majeure, and jurisdiction. The agreement also includes provisions for notices and service, as well as counterparts for execution. It is important for both parties to carefully review and understand the terms of this agreement before signing.
To use this Service Agreement - Pool Maintenance Service, follow these steps:
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 price and completion date: 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. Describe services: 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. Agree on length of warranty and time of payment: 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. Specify damages: 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. Assign workers: The Contractor should assign a team of employees to perform the services. The Contractor reserves the right to change employee assignments if necessary.
7. Obtain necessary licenses and permits: The Customer should obtain all licenses, permits, and/or permissions needed by the Contractor to provide the services.
8. Review release and indemnity clauses: The Customer should carefully review the clauses related to the release of rights to use property photographs and the indemnification of the Contractor for any liabilities arising from the use of such photographs.
9. Agree on service fees and payment terms: Both parties should agree on the service fees and payment terms. The Contractor will invoice the Customer prior to the payment date, and late payment may incur additional charges.
10. Review warranties and indemnities: Both parties should review the warranties and indemnities provided in the agreement. The Customer should promptly report any defects in the Contractor's performance, and the Contractor should rectify any defaults as soon as reasonably practicable.
11. Understand termination provisions: Both parties should understand the conditions under which the agreement can be terminated, including termination for non-payment or breach of material provisions.
12. Review ownership of materials: The Customer should be aware that the Contractor reserves intellectual property rights in the deliverables and services, but grants a license to the Customer to use them.
13. Maintain 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.
14. Seek legal advice if needed: If there are any uncertainties or concerns about the agreement, it is advisable to seek legal advice before signing.
Please note that this guidance is for informational purposes only and does not constitute legal advice. It is recommended to consult with a legal professional to ensure compliance with applicable laws and regulations.