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This service agreement is a legally binding contract between the Servicer and the Customer for the provision of roofing services. The agreement outlines the obligations and responsibilities of both parties, ensuring that the services are carried out in a professional and diligent manner.
The agreement begins with an interpretation section, defining key terms and providing general provisions. It includes definitions for terms such as 'agreement', 'services', and 'completion date'. The agreement also clarifies that the Servicer is an independent contractor and not an employee of the Customer.
The Servicer's obligations are outlined in detail in Section 2 of the agreement. The Servicer is responsible for providing the roofing services in a timely and efficient manner. They must obtain all necessary licenses and permits, and ensure that the services are performed in accordance with industry standards and good commercial practice. The Servicer is also required to comply with all applicable laws and regulations, including those related to anti-bribery and corruption, and data protection.
Section 3 of the agreement covers the completion of the work. It emphasizes the importance of timely completion and includes provisions for extensions of the completion date if necessary. If the services are not completed by the agreed-upon completion date, the Customer is entitled to liquidated damages.
The agreement also addresses service fees in Section 4. It specifies the amount and schedule of payment, as well as the Servicer's responsibility to invoice the Customer for services rendered. The Servicer is required to keep accurate records of any expenses incurred during the provision of services and obtain the Customer's written consent for any expenses exceeding a certain limit.
Section 5 of the agreement covers warranties and indemnities. The Servicer is obligated to promptly notify the Customer of any delays, problems, or complaints related to the services. They must also rectify any defects in the provision of services and maintain appropriate insurance coverage for personal injury or damage arising from the services.
The agreement includes provisions for licenses and insurance in Section 6. The Servicer is responsible for obtaining any necessary licenses and approvals for doing business in the relevant jurisdiction. The Customer agrees to be financially responsible for any injuries sustained by the Servicer due to the Customer's gross negligence.
Section 7 clarifies that the Servicer is an independent contractor and not an employee of the Customer. The Customer reserves the right to monitor the Servicer's performance and ensure compliance with the agreement.
The term and termination of the agreement are addressed in Section 8. The agreement may have a fixed term or continue indefinitely until the completion of the services. Either party may terminate the agreement with written notice under certain circumstances, such as failure to proceed diligently with the services or bankruptcy.
Section 9 addresses the ownership of materials and intellectual property. Materials delivered to the site become the property of the Customer, while intellectual property developed under the agreement belongs to the Customer. The Servicer is prohibited from using the Customer's intellectual property without written consent.
Confidentiality obligations are outlined in Section 10. The Servicer must keep the Customer's confidential information confidential and return it upon termination of the agreement.
The agreement also includes provisions for announcements/publicity, amendment, assignment, severability, further assurance, warranty of capacity and power, force majeure, and no rights under contracts for third parties.
Notices and service are addressed in Section 20, specifying the methods and timing of delivering notices between the parties. The agreement may be executed in counterparts, with each counterpart constituting an original document.
Overall, this service agreement provides a comprehensive framework for the provision of roofing services, ensuring that both parties understand their rights and obligations.
1. Provide information: Enter the Servicer's and Customer's information in the agreement, including their principal place of business. This ensures that both parties are clearly identified.
2. Specify services, completion date, and price: Clearly describe the roofing services to be provided by the Servicer. Include any specifications, brand names, and model numbers of materials needed. Specify the completion date and agreed-upon price for the services.
3. Obtain necessary licenses and permits: The Servicer is responsible for obtaining all licenses, permits, and permissions required to provide the services. Ensure that the costs and fees for these licenses are included in the service fee.
4. Perform daily and final cleanup: The Servicer must clean up their equipment and any rubbish produced during the provision of services. A final and complete cleanup should be performed upon completing the services.
5. Comply with laws and regulations: The Servicer must comply with all applicable laws and regulations, including those related to anti-bribery and corruption, and data protection. Ensure that all necessary notices and instructions are given.
6. Agree on payment terms: Specify the payment schedule and due date for the service fee. Keep accurate records of any expenses incurred and obtain the Customer's written consent for expenses exceeding a certain limit.
7. Rectify defects and provide further services: If any defects in the provision of services are reported, the Servicer must use their best endeavors to rectify them promptly. Provide any further services necessary to ensure customer satisfaction.
8. Maintain insurance coverage: The Servicer should maintain appropriate insurance coverage for personal injury or damage arising from the services. Provide evidence of insurance to the Customer if requested.
9. Protect confidential information: The Servicer must keep the Customer's confidential information confidential and return it upon termination of the agreement. Obtain written permission before disclosing any confidential information.
10. Monitor performance and compliance: The Customer reserves the right to monitor the Servicer's performance and ensure compliance with the agreement. The Servicer should cooperate and facilitate such monitoring.
11. Termination and dispute resolution: The agreement may be terminated under certain circumstances. Both parties should make reasonable efforts to resolve any disputes amicably and in good faith.
12. Execute the agreement: Sign the agreement in counterparts, with each party retaining an original copy. Ensure that all necessary parties have signed the agreement before commencing the provision of services.