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.
