AGREEMENT FOR SERVICES – SEE ALSO TITANPW.COM/DISCLAIMER
THIS AGREEMENT (“Agreement”) is made and entered into by and between the Client, as stated in the quote/estimate/invoice provided prior to the execution of this agreement (“Client”) and Titan Pressure Washing LLC, whose address is 3756 SE Dixie Hwy, Stuart, FL 34997 (“Company”).
WHEREAS, the Client intends to purchase services from the Company and;
WHEREAS, the Client has reviewed the products and services to be supplied by the Company and found
the Company to be qualified to provide the necessary and requested services; and;
WHEREAS, the Company has provided to the Client prior to this agreement a detailed invoice of services to be provided, invoice number, date of service, client name, full address, date of payment and amount of payment for services and;
WHEREAS the Client and Company having reviewed expectations of the other, and in consideration of the mutual covenants contained herein, do agree as follows:
I. SERVICES
The Company agrees to diligently provide all services in accordance with the detailed invoice sent to the Client prior to the sending of this agreement. Client hereby states that they have had time and opportunity to review and will comply with all terms and conditions set forth through the invoice, official estimate, correspondence through Jobber and all agreed modifications, are hereby deemed incorporated into this Agreement.
II. COMPENSATION
This agreement will commence immediately upon the receipt of the Agreement by both parties. The Client shall pay the Company in accordance with the terms and conditions of this Agreement for providing all products and services as set forth in this Agreement, Invoice, Official Estimate and/or Correspondence through Jobber, attached hereto and incorporated herein. The total amount to be all inclusive of the necessary costs to provide all products and services as outlined in this Agreement, Invoice, Official Estimate and/or Correspondence through Jobber and are deemed incorporated into this Agreement.
III. METHOD OF PAYMENT
The Client shall pay the Company in accordance with the methods provided by the Company, including Jobber, provided in the Estimate or Invoice. Payment shall be made upon receipt or at the date specified in the Estimate or Invoice.
IV. ADDITIONAL PURCHASES
Should the client require additional services or additional products as related to this Agreement, then Company shall be entitled to additional compensation based upon the Amended Agreement, Updated Invoice and/or Updated Estimate and shall be agreed upon before the commencement of any additional services and shall be incorporated into this agreement by written amendment. Client may request additional services at the time of cleaning and shall be bound under the verbal agreement for said services & compensation.
V. INSURANCE
It is understood by both parties, that the Company at the time of this agreement has procured and maintained insurance as suitable for the services to be provided. Company understands that they will not open themselves to any conditions which might endanger the health and/or safety of the Company, its employees, contractors and vendors. Client agrees to provide a safe and suitable condition, to the best of their ability to the Company in exchange for services.
Titan may encounter unusual circumstances during the work performed that require us to notify customer of unsafe, hazardous or beyond original estimate / scope of work conditions. This may include extreme levels of organic growth that require additional chemicals and/or labor beyond what was originally estimated. Should this occur customer will be notified of any additional charges that apply.
VI. RESPONSIBILITIES
Company shall be responsible for the quality and functionality of the products and services to be performed by the Company under this Agreement. Company is and shall be in the performance of all work, services and activities under this Agreement a contracted service provider and is not an employee, agent or servant of the Client. All persons engaged in any work or services of the Company shall be subject to the Company’s sole direction, supervision and control.
VII. TERMINATION
The Parties have the right at any time, via written notice, to terminate this agreement in part or in whole for whatever reason. In the event of such termination, the Company is owed for all fees and time invested until that point. Deposits are non-refundable as outlined on the initial quote Payment Terms. Upon receipt of notice, all parties will stop work and provide updated invoice within seventy-two hours. All outstanding liabilities, invoices and claims will be paid by Client to Company within seventy-hours upon receipt.
VIII. DELIQUENT INVOICE
All invoices and/or estimates sent directly from Company to Client, via Jobber or another service provider are to be completed as per the timeframe provided on the invoice. Payment will be considered late as of seventy-two hours following the payment due date. As of seventy-two hours from the due date of fulfilment of the invoice and/or estimate a late fee in the amount of fifteen percent of the fee due will be added to the total amount. Said fee will be compounded monthly per annum until resolved. Client hereby waives all personal jurisdiction and agrees to incur the costs of all attorneys fees, costs and lost revenue owed to Company as a result of late payment.
IX. DISPUTE RESOLUTION
This Agreement shall be governed by the laws of the State of Florida. In the event of a dispute or claim arising out of this Agreement, the parties agree to first attempt to settle in a good faith. Should this be unsuccessful, the parties agree to enter into mediation in Martin County, Florida, with the parties equally sharing the cost of mediation. Should mediation fail, the Client agree to waive any objections to the exclusive personal jurisdiction and that all litigation arises will be litigated in Martin County, Florida. This Agreement and the rights and obligations of all parties shall be governed by the laws of the State of Florida without regard to its conflict of law and principals.
Client agrees to assume and pay all costs of collection, whether or not litigation is filed, including reasonable attorney fees incurred by Titan Pressure Washing for pursuit of payment under this agreement. Once a service has been completed, no refunds or discounts shall be given. The service shall be deemed acceptable by Clients that are present during cleaning and sign off at the time of payment. For Clients not present that express a concern the same day as a completed service, Titan will return for a complimentary service call to best address their concerns.
X. MISCELLANEOUS
This Agreement constitutes the sole and complete understanding between the parties and supersedes all other contracts between the parties, whether oral or written, with respect to the subject matter. No amendment, change or addendum to this Agreement is enforceable unless agreed to in writing by both parties and incorporated in this Agreement.
The provisions of this Agreement shall incur to the benefit of and be binding upon the respective successors, heirs and assignee’s of the parties hereto.
The parties covenant and agree that each is duly authorized to enter into and perform this Agreement and those executing this Agreement have all the requisite power and authority to bind the parties.
Any notices of default or termination shall be sufficient if sent by the parties via email; United States certified mail, postage paid or a nationally recognized delivery service to and from the addresses listed on the Estimate, Invoice, Jobber or another service provider.
Paragraph headings are for the convenience of the parties and for reference purposes only and shall be given no legal effect.
The contract price for this project has been calculated based on the current prices for the materials and necessary labor at the time of quoting. However, the market for the materials is considered to be fluid, and sudden price increases could occur. Titan agrees to use best efforts to obtain the lowest possible prices from suppliers, but should there be an increase in the prices of these specified materials that are purchased after execution at any stage of the project(s) in the contract for use in this project, the Client agrees to pay that cost increase to Titan. Any claim by Titan for payment of a cost increase, as provided above, shall require written notice delivered by Titan to the Client stating the increased cost for necessary materials and/or additional labor. Material includes (but not limited to) chemicals, fuel, sealing / removal products, sand, water reclamation materials and equipment.
If completion of the project(s) in this contract is delayed by scheduling and/or causes under Client’s control for a period of more than 30 days, Client agrees to pay the increased labor and material, and equipment cost resulting from Client’s delay.
Service Charge – Please note that there will be a minimum service charge of $100 (subject to change depending on project size) if a scheduled service is not able to be completed if due to any reason not caused by Titan or their employees unless otherwise noted in this contract. For jobs in progress that cannot be completed due to animal infestations such as bats, pigeons, owls, etc services will be immediately stopped and will not resume until issue is resolved, repairs are complete and the animal professional involved approves moving forward. In such cases, payment is still due for services scheduled for that date and no refunds are given for the day of service for incomplete projects. A return fee of $350 will be charged to complete the service.