Charles Moody Service Agreement
The contract documents consist of this agreement, general conditions, construction documents, specifications, allowances, finish schedules, construction draw schedule, information disclosure statement, all addenda issued prior to execution of this agreement and all change orders or modifications issued and agreed to by both parties. All documents noted herein shall be provided to the Contractor/Charles Moody (CMS) by the Client/Owner. These contract documents represent the entire agreement of both parties and supersede any prior oral or written agreement. The Contractor/Charles Moody (CMS) reserves the right to terminate his agreement fully and shall be paid for only work performed to that point. Bad weather & holidays could cause jobs to run long, thus changing the projects time-line (when weather contingencies and or holidays apply plan accordingly). Charles Moody & All Associates Wear Body Cams while onsite preforming services (All Communications are Video & Audio Recorded for security purposes.)
CHANGES IN POLICY & GENERAL PROVISIONS
Since our business is constantly changing the Contractor/Charles Moody (CMS) expressly reserves the right to revise, modify, delete, or add to any CMS POLICES & GENERAL PROVISIONS, work rules or benefits stated. No oral statement or representations can in any way alter the provisions of CMS POLICES & GENERAL PROVISIONS. Nothing in CMS POLICES & GENERAL PROVISIONS or in any other document, including descriptions, creates or is intended to create a promise or representation of continued service/s by the Contractor/Charles Moody (CMS).
PAYMENTS AND DEPOSITS
A deposit will be required upon approval of this service agreement. Your purchase is your signature & implies your agreement with our terms & conditions stated here, and the balance due on a daily basis (unless otherwise agreed). Only $49.99 per man-hour when you purchase an 8-hour (full day) time-block and purchase it three (3) or more days in advance! Otherwise a $56.00 per man hour rate applies. *Minimum Commitment time block is a quarter-day (2 hours) for all service requests. *Materials costs are the responsibility of the Client/Owner ^ Some types of jobs may or may not be offered as part of handyman services due to their nature such as electrical, plumbing or other licensed professions. Jobs requiring the use of power tools are also excluded unless such tools are provided by the Client/Owner; --And in such cases, the Client/Owner indemnifies Contractor/Charles Moody (CMS) and Agents/Subcontractor/s from any and all claims arising from the use of tool and or service thereof. *Mileage billed at $.50/ mile for Jobs that require running around/traveling. *Final pricing may vary based on onsite estimate, which you can accept or not. Your invention and or purchase is your acceptance and approval for work to begin. The Owner will make payments to the Contractor/Charles Moody (CMS) upon request based on invoices for labor and materials submitted. All construction coordination fees shall also be paid with those draws/payment upon request, with the remainder paid at the completion of the project. Should the Client/Owner fail to make payment, Contractor/Charles Moody (CMS) may charge a penalty equal (=) to the Contractor/Charles Moody (CMS) daily operating costs util the remaining balance (finial invoice) due, has been paid in full.
HAZARDOUS MATERIALS, WASTE AND ASBESTOS
Both parties agree that dealing with hazardous materials, waste or asbestos requires specialized training, processes, precautions and licenses. Therefore, unless the scope of this agreement includes the specific handling, disturbance, removal or transportation of hazardous materials, waste or asbestos, upon discovery of such hazardous materials the Contractor/Charles Moody (CMS) shall notify the Client/Owner immediately and allow the Contractor/Charles Moody (CMS) to contract with a properly licensed and qualified hazardous material contractor. Any such work shall be treated as a Change Order resulting in additional costs and time considerations.
LIMITATIONS OF LIABILITY
Contractor/Charles Moody (CMS) & his agents shall be immunized from any claim resulting from the good-faith implementation of this service (beyond the scope of the immediate service/s performed) & any liability of unforeseen consequences of providing such services. The Client/Owner understands & agrees to the terms of this contract. The Contractor/Charles Moody (CMS) reserves the right to terminate his agreement fully and shall be paid for only work performed to that point.
The Parties agree and understand that while Contractor/Charles Moody (CMS) and or Agent/Subcontractor are performing services for the Client/Owner that the Client/Owner and Agent/Subcontractor/s is bound by a non-competition agreement. This agreement prohibits the Client/Owner and the Agent/Subcontractor from soliciting in any manner to perform any service or sale apart from Contractor/Charles Moody (CMS) agreement with the Client/Owner and or Agent/Subcontractor/s, for any work to be performed by Contractor/Charles Moody (CMS) without the express written consent of Contractor/Charles Moody (CMS). This agreement and the restrictions set by it shall be in effect for ten years from the last day of service set between Contractor/Charles Moody (CMS) and the Client/Owner and the Agent/Subcontractor/s. Breach of this clause may constitute damage against Contractor/Charles Moody (CMS) in the amount of any sale or service acquired by the Client/Owner or Subcontractor plus all associated expenses, costs or fees incurred by the Contractor/Charles Moody (CMS) to remedy the damage.
The Parties agree not to disclose, reveal or make use of any information during discussion or observation regarding methods, concepts, ideas, specifications, product, services, or proposed new products or services, nor to do business with any of the revealed contacts without the written consent of the introducing party or parties, and upon acceptance of the Contractor/Charles Moody (CMS).
The Client/Owner hereby agrees for himself or herself, their officers, directors, agents, associates and any related parties, that they will not, directly or indirectly, contact, deal with or otherwise become involved with any entity or any other entities or parties introduced, directly or indirectly, by or through the other party, its officers, directors, agents or associates, for the purpose of avoiding the services of the Contractor/Charles Moody (CMS) and or payment to Contractor/Charles Moody (CMS), fees or otherwise, without the specific written approval of Contractor/Charles Moody (CMS).
ARBITRATION OF DISPUTES
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
TERMINATION OF THE CONTRACT
Should the Client/Owner or Contractor/Charles Moody (CMS) fail to carry out this contract, with all of its provisions, the following options and stipulations shall apply: If the Client/Owner or the Contractor/Charles Moody (CMS) shall default on the contract, the non-defaulting party may declare the contract is in default and proceed against the defaulting party for the recovery of all damages incurred as a result of said breach of contract, including a reasonable attorney’s fee. In the case of a defaulting Client/Owner, the Earnest money herein mentioned shall be applied to the legally ascertained damages. In the event of a default by the Client/Owner or Contractor/Charles Moody (CMS), the non-defaulting party may state his intention to comply with the contract and proceed for specific performance. In the case of a defaulting Client/Owner, the Contractor/Charles Moody (CMS) may accept, at his option the earnest money as shown herein as liquidated damages, should earnest money not cover the expenses to date, the Contractor/Charles Moody (CMS) may make claim to the Client/Owner for all work executed and for proven loss with respect to equipment, materials, tools, construction equipment and machinery, including reasonable overhead, profit and damages applicable to the property less the earnest money.
In the event of any mediation or litigation relating to the project, project performance or this contract, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses associated.
~Handy-Service Payments can be made by using your [credit/debit card] via PayPal. Click the PAY$AFE W/ PAYPAL button (preferred method of payment)]. Deposits are generally required in advance; -with additional or unforeseen contingencies billed after the fact. Once payment has been received the property will be scheduled for service. Balance due at completion. Mileage billed at $.50/mile. Checks made payable to Charles Moody. I appreciate your understanding & cooperation. ** Minimum Commitment time block is a quarter-day (2 hours) unless otherwise arranged * Materials costs are the responsibility of the customer ^ Some types of jobs may or may not be offered as part of handyman services due to their nature such as electrical, plumbing or other licensed professions. Jobs requiring the use of power tools are also excluded unless such tools are provided by the customer; --And in such cases, the customer indemnifies CMS from any and all claims arising from the use thereof.