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This service agreement 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 agreed price and completion date of the work to be carried out by the servicer, as well as the type(s) of services to be provided. The agreement includes provisions for the length of warranty and time of payment after the completion of the work. It also addresses the consequences of non-completion, specifying the amount of damages per week that the client is entitled to if the services are not completed by the agreed completion date. The agreement further outlines the obligations of the servicer, including the use of professional knowledge and skills to provide the services in a professional and diligent manner. It also covers the assignment of employees to perform the services, the requirement to obtain necessary licenses and permits, and the need for comprehensive background checks on all employees. The agreement includes provisions for the ownership of materials, intellectual property, and confidential information. It also addresses the termination of the agreement, the payment of service fees, and the maintenance of necessary licenses and insurance by the servicer. The agreement concludes with clauses on amendment, assignment, severability, force majeure, and the proper law governing the agreement.
To use this service agreement, follow these steps:
1. Provide information: Enter the servicer's and client'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 servicer. 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 servicer. 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 services are not completed by the completion date, specify the amount of damages per week that the client is entitled to. This ensures that both parties are aware of the consequences of non-completion.
6. Assign workers: The servicer should assign a team of employees to perform the services. It is important to clarify that the servicer reserves the right to change employee assignments if necessary.
7. Obtain necessary licenses and permits: The servicer should obtain all licenses, permits, and/or permissions required to provide the services. This includes ensuring that any application of chemicals on the property is done with appropriate permits and/or certification.
8. Conduct background checks: The servicer should carry out comprehensive background checks on all employees to ensure they have no criminal history or are listed on any sex-offender registry.
9. Release of property photographs: The client grants the servicer the right to use, alter, and publish photographs of the property for various purposes. The client should understand and agree to hold harmless the servicer for any liabilities and actions resulting from the use of these photographs.
10. Obtain necessary licenses and insurance: The servicer should obtain the required licenses and approvals for doing business and maintain appropriate insurance coverage to cover liability arising from the services.
11. Determine service fees: The client agrees to pay the servicer a service fee for the services rendered. The servicer will invoice the client, and payment will be due within a specified timeframe.
12. Record and reimburse expenses: The servicer should keep an exact record of any expenses incurred while performing the services and submit an invoice itemizing each expense. Any expenses over a certain limit should require the client's written consent before being incurred.
13. Address disputes: The client should notify the servicer in writing of any disputes with an invoice, providing substantiating documentation or a detailed description of the dispute. Both parties should work towards resolving any disputes amicably and in good faith.
14. Termination of the agreement: Either party may terminate the agreement by providing written notice to the other party. The agreement may also be terminated for specific reasons outlined in the agreement. In the event of termination, the servicer should leave the property and deliver any relevant materials.
15. Ownership of materials and intellectual property: The agreement clarifies that materials and goods delivered to the property become the property of the client. Any intellectual property developed under the agreement also becomes the property of the client, unless otherwise agreed upon.
16. Confidentiality: Both parties agree to keep confidential any information disclosed during the agreement, unless required by law or with the other party's consent.
17. Amendment and further assurance: Any variations to the agreement should be in writing and signed by both parties. Both parties agree to perform any further acts or execute additional documents necessary to implement and give effect to the agreement.
18. Force majeure: Neither party shall be liable for any failure or delay in performing their obligations under the agreement if it is due to causes beyond their reasonable control.
19. No rights for third parties: The agreement does not confer any rights under contracts for third parties.
20. Notices and service: Any notices under the agreement should be served by hand, email, or post, in accordance with the specified addresses and timings.
21. Counterparts: The agreement may be executed in any number of counterparts, with each counterpart constituting an original document.