Service Terms and Conditions Agreement
Updated March 2024
1. Agreement
This agreement for Construction Services (“Agreement””) is made between Mr. Fix-it Handyman, LLC [the “Contractor”, “Service Provider”], d/b/a “Mr. Fix-it” whose corporate address is 90 Haviland Drive, Trumbull, CT 06611, and the “Client” whose legal name and property address is stated on the Project Estimate and Project Invoice. Referenced together as “Parties” or individually as “Party”. This Agreement shall commence on the date that the Client approved the Project Estimate (“Effective Date”). THEREFORE in consideration of their respective benefits, duties and obligations hereunder the Parties do hereby agree as follows:
2. Services
Contractor agrees to perform the services (“Services”) as described in the Project Estimate (also referred as the “Statement of Work” or “SOW”), which was electronically approved by the Client. The Project Estimate (which can also be referred to as a “quote”) is based on the description of work discussed or inspected at the premises. Any additional work not specified in the estimate will be subject to additional charges.
Once the Project Estimate is approved it is automatically attached and binding to this Agreement. Please review the Project Estimate (also known as the “Statement of Work” or “SOW”) carefully to make sure that you fully understand the specific Services Contractor is providing to you. You will notice that the cost for each Service is also included in the Project Estimate. Changes or deviations to the Scope of Work: Any changes or additions to the original Project Estimate’s scope of work must be agreed upon by both parties in writing. Additional costs may apply for extra work or materials, including time of completion. Deposits are non-refundable after 3 days from receipt of the approved Project Estimate.
3. Term
The term of this Agreement shall begin on the Effective Date and will continue in effect until the conclusion of any outstanding work as detailed in the approved Project Estimate (“Term”), unless terminated earlier as set forth below.
4. Termination
Contractor and Client may not terminate this Agreement unless both parties mutually agree to do so in writing. In the even that both Parties have agreed to terminate, (a) Contractor shall cease performing Services and (b) Client shall pay any outstanding amounts due. All in-process orders for materials shall be delivered to Client, subject to Client’s payment of any balance which may be due.
5. Payment
Client may be required to provide a Deposit before Services are rendered. Client may also be required to provide interim project payments throughout the duration of the project until all Services are rendered. Payment Terms are defined in the Project Estimate. Contractor reserves the right to immediately stop work or cease providing Services altogether if payment(s) are not provided when due. In such event, Contractor preserves the right to record a Mechanics Lien on your property.
6. Estimates, Materials and Material Disposal
The estimate provided within the Project Estimate is an approximation and is subject to change based on unforeseen circumstances or changes in project requirements. Should additional material be required, it will be added to the final invoice (determined upon completion of the work).
Disposal of material is not included and is the responsibility of the customer.
7. Expenses
“Expenses” are amounts that Contractor has either estimated and/or reasonably incurred during the provision of Services. Client agrees to reimburse Contractor for all expenses including but not limited to” obtaining samples, parking, postage and handling, freight, printing, transportation, and storage costs. Contractor will provide reasonable notice of material expenses when requested and where if possible.
8. Insurance and Security
Client shall procure insurance against loss or damage for transport or storage of all Materials until delivery at Client’s premises or other designated destination. Client shall have exclusive responsibility for risk of loss or damage. Client remains solely responsible for insuring its personal property. Contractor strongly recommends the installation of security cameras and other monitoring features to secure the premises during the Project.
9. Access and Site Conditions
The homeowner or authorized representative of the property must ensure access to the premises and provide a safe working environment for the Contractor.
10. Wall and Ceiling Repairs
– Contractor strives for seamless repairs, making every effort to achieve a smooth finish. However, depending on factors like wall condition, cause and/or extent of damage, type of wall structure (e.g., plaster, drywall/sheetrock), texture, age, client’s access to original paint or paint matching, the final result may display repair visibility.
11. Representations, Warranties & Disclaimers.
– Contractor shall comply with all local laws, ordinances and rules or any other applicable law that may impact Contractor’s performance of its obligations under this Agreement.
– Contractor warrants that that he/she possesses the unique ability, knowledge, skills as may be necessary, to perform the Services provided as stated in the Project Estimate.
– Contractor does not represent or warrant that the services will be error free; nor does the Contractor make any warranty as to the results that may be obtained from the Services.
– The Services are provided “as is” and Contractor disclaims all warranties express or implied including but not limited to implied warranties or merchantability and fitness for a particular purpose and non-infringement.
12. Indemnification and Limitations of Liability.
– In no event shall Contractor or Client be liable for any consequential, special, punitive, exemplary, or indirect damages, including but not limited to any damages for anticipated profits, loss of revenue, economic loss, cost of procurement of substitute goods or services, loss of use of Materials, or interruption of business or personal affairs, arising in any way out of this Agreement, under any theory of liability in contract, tort, or otherwise.
– In no event shall the total liability of Contractor or Client for any causes of action arising out of this Agreement exceed the sums paid to Contractor as compensation hereunder. The foregoing right to monetary damages shall be in lieu of any other remedies which a party may have against the other.
– Client agrees to indemnify, defend and hold the Contractor harmless to the fullest extent permitted by law from and against any third-party claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) relating to or arising out of the negligence, failure and/or acts or omissions on the part of Client or any architect, vendor, supplier, General Contractor or agent hired or retained by Client. Contractor agrees, for claims, damages, losses, or expenses suffered by Client cause in whole or in part by the negligent, reckless, or intentional acts or omissions and/or strict liability of Contractor or employees of Contractor, Contractor shall indemnify and hold harmless Client, subject to the Limitation of Liability provisions above.
13. Permits
Client is responsible for obtaining any and all necessary permits, licenses, waivers, or approvals required by any governmental agency (local. State or federal), homeowner’s association or condominium association.
14. Force Majeure
If the occurrence of any event beyond the reasonable control of a party makes performance impossible, contrary to law, or commercially unreasonable, such party shall be temporarily excused from performing its obligations under this Agreement for the duration of the event and the excused party shall resume performance of its obligations with due diligence after the expiration of such event. The parties will use their best efforts to overcome the cause and effect of any such suspension. In such occurrence, Client shall pay Contractor for services performed to date, including reimbursement of all expenses and materials for said project.
15. Miscellaneous
A. Non-Disparagement. Each Party agrees that neither it, nor its directors, officers, shareholders, employees, or agents shall say, write, or cause to be said or written, any statement that is defamatory, derogatory or disparaging of the other party, whether in print, electronically, on any public or social platform.
B. Attorneys’ Fees. Client shall be responsible for all reasonable costs, fees, and expenses incurred by Contractor to collect any amount due under this Agreement or otherwise enforce any of its rights arising out of this Agreement. The parties agree that any judgment or order entered will contain a specific provision providing for the recovery of attorneys’ fees and costs incurred in enforcing the judgment.
C. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent Contractor and not as partner, joint venturer, or agent of the other and shall not bind nor attempt to bind the other to any contract.
D. Entire Agreement. This Agreement and the attachments hereto, ans specifically including the client-approved Project Estimate, set forth the entire understanding between the parties and supersedes all previous agreements, arrangements, and understandings between the parties, whether verbal or written, and may not be amended except in writing and signed by both parties.
E. Governing Law and Venue. All disputes arising from this Agreement shall be resolved by binding private arbitration with each party to bear its own fees and costs. This Agreement will be construed and enforced in accordance with, and all questions concerning the construction, validity, interpretation and performance of this Agreement will be governed by the laws of the State of Connecticut (CT) without giving effect to provisions regarding conflict of laws. Each of the parties irrevocably submits to the exclusive jurisdiction of any state or federal court sitting in the County of Fairfield, State of Connecticut in any action or proceeding arising out of or relating to this Agreement and irrevocably agrees, on behalf of itself/himself/herself and on behalf of its/his/her successors and assigns, that all claims in respect of such action or proceeding may be heard and determined in any such court and irrevocably waives any objection such person may now or hereafter have as to the venue of any such suit, action or proceeding brought in such a court or that such a court is an inconvenient forum.
F. Signatures; Counterparts. The electronically-approved Project Estimate by the Client shall serve as an original signature. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall, when taken together, constitute a single document.