Onsite Pro Restoration Terms of Service

This Terms of Service (“Agreement”) is entered into as of [Date], by and between [Customer Name] (“Customer”) and Onsite Pro Restoration Inc. (“Contractor”).

1. Introduction

1.1 Parties

  • Customer: [Customer Name]
  • Contractor: Onsite Pro Restoration Inc.
  • Effective Date: [Date]

2. Order for Services

Customer authorizes Onsite Pro Restoration to perform the specified Services and all necessary or appropriate chemical treatments.

3. Limitation on Services and Disclaimer

Onsite Pro Restoration is not liable for damages, problems, or liabilities related to materials not worked upon by them.

4. Subcontractors

Onsite Pro Restoration may use subcontractors or vendors for certain Services. Customer agrees to cooperate with and accommodate subcontractors.

5. Invoicing and Pricing

Invoices issued upon completion of Services. Payment terms are due upon receipt of the invoice. Pricing details specified in the invoice.

6. Equipment Usage

Rentals billed from arrival to midnight, with a three-day minimum. Equipment billed on-site regardless of usage.

7. Assignment of Benefits and Direct Payment Authorization

Customer assigns insurance rights, benefits, and proceeds to the Contractor. Direct payment authorization for benefits or proceeds to the Contractor.

8. Payment and Interest

Payment due upon invoice. Unpaid invoices accrue interest at 18% per annum. Customer responsible for taxes and charges related to Services.

9. Definitions

  • Agreement: This Emergency Service Mitigation Contract/Work Order Service Agreement, and all addendums, amendments, and supplements.
  • Company or Onsite Pro Restoration: Onsite Pro Restoration Inc.
  • Services: Analytical, collection, management, transportation, rentals, cleanup, mitigation, and other services provided by Onsite Pro Restoration.

10. Warranties

10.1 Onsite Pro Restoration Warranties

  • Engaged in disaster cleanup services.
  • Will perform Services in a safe and compliant manner.

10.2 Customer Warranties

  • Accurate description of requested Services.
  • Provision of necessary information and a safe work environment.

11. Excuse of Performance

Agreement performance may be suspended due to causes beyond the party’s control. A 24-hour notice is required for equipment removal.

12. No Transfer of Title

Onsite Pro Restoration does not take title to Customer’s property.

13. Customer Indemnification

Customer to indemnify Onsite Pro Restoration against liabilities resulting from breaches or negligence.

14. Waiver of Damages

Waiver of consequential, incidental, indirect, special, or punitive damages.

15. Liability Limitation

Onsite Pro Restoration’s liability limited to the total invoiced amount.

16. Insurance

Onsite Pro Restoration to maintain liability insurance as required by laws.

17. Parties Bound

Other entities controlled by the parties to abide by the agreement terms.

18. Conflict in Forms

Agreement terms govern in case of conflicts. Preprinted terms on Customer’s forms are null and void.

19. Miscellaneous

19.1 Severability

Illegal portion does not affect the entire agreement.

19.2 Notice

Written notice required for communication.

19.3 Entire Agreement

This agreement supersedes all previous agreements.

19.4 Modification

Agreement can only be amended in writing, signed by both parties.

19.5 Waiver

Waiver of one provision does not affect others.

19.6 Governing Law

Governed by the laws of the state of Tennessee.

19.7 Collection Costs, Attorneys’ Fees, and Interest

Onsite Pro Restoration entitled to interest, collection costs, and attorneys’ fees for overdue payments.

19.8 Jurisdiction and Venue

Agreement subject to the jurisdiction and venue of the state of California.

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