AC ON TIME LLC PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made effective as of the date on the above estimate, by and between the Client named in said Estimate, hereinafter referred to as "Client" and AC on Time LLC, a Florida corporation hereinafter referred to as "Company."
WHEREIN, Client desires to retain AC on Time to provide services. In consideration of the agreement made, and the payments to be made by Client, the parties agree to the following:
1. Incorporation of Terms. These terms and conditions govern the agreement formed by your acceptance of the estimate given to you by AC on Time. These terms are incorporated by reference into the estimate and control over any inconsistent terms.
2. Scope of Services. “Company” agrees to provide services described in the Estimate attached hereto and by this reference, made a part hereof.
3. Payment for Services. In exchange for Services, “Client” will pay the “Company” the amount provided in the Estimate, incorporated herein by reference.
- Payment is due as per the invoice "Due Date". The company default Due Date is "Upon completion of work".
- The company allows all of our clients to pay no later than three (3) calendar days after the work is completed and/or the invoice is sent without any extra fees added.
- A downpayment of up to 50% will be required on every job over $3,000 before the job starts.
- The Client will be assessed a 10% late payment fee from three (3) days of nonpayment up to a month, followed by an extra 3% late payment fee every month after that.
- If multiple payments are agreed upon, the Client must remit each payment no later than three (3) days after each due date. The client acknowledges that failure to remit payment when due, may result in a Lien being placed on your property, or suit.
***NOTICE TO CLIENT***
ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
4. Additional Services. Parties agrees that any additional work requested by Client or determined by Company to be necessary to properly perform service under this agreement after execution of this agreement constitutes additional services. Additional service must be agreed upon in writing by both parties, and payment will be due upon receiving a final invoice.
5. Permits. Contractor shall obtain and pay for all necessary permits and licenses relative to the Project.
6. Loan Approval. This agreement is NOT contingent upon Loan approval. Company is NOT liable for issues that Client incurs in seeking loan approval, nor can Company be held liable by Client for a subsequent loan denial, or other resulting damages. Parties understand that the Company is not affiliated with the loan company, has no input as to approval of said loan, and cannot be held liable for loan company’s actions. All questions and concerns regarding your loan application must be directed to Greensky or the Bank or institution that approved your loan.
7. Warranty. The Company hereby offers an express labor warranty (“warranty”) for twelve (12) months (“Warranty Period”) following the date of installation or repair. Pursuant to this warranty, the Company warrants to the Client that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by this Agreement, and that the Work will be free from defects. This warranty does not cover maintenance issues or damage caused by things such as clogged drain lines, dirty coils, lightning, hurricane, floods, acts of God, damage cause by someone other than AC on Time technicians working on the unit, or other sources non labor related issues. This warranty is in lieu of any other warranty, express or implied. Any implied warranties, including but not limited to, the implied warranty of merchantability, fitness for a particular purpose, habitability, and any UCC warranties are waived.
8. Cancellation. In the event Client cancels this agreement prior to completion of services, Client agrees to pay a cancellation fee of 10 % of the total cost of services agreed upon and the cost of all materials, supplies and labor expended by Company.
9. Limitation of Liability. In no event will Company be liable for any lost profits, indirect, special, incidental or consequential damages of any kind suffered by Client in connection with the Company’s services pursuant to this Agreement.
10. Force Majeure. Company shall not be liable to Client or any third Party for any costs or damages due to delay or nonperformance under this Agreement arising out of any cause or event beyond Company’s control, including, without limitation, cessation of services hereunder or any damages resulting therefrom to the other party as a result of work stoppage, power or other mechanical failure, computer virus, natural disaster, governmental action, or communication disruption.
11. Assignment. Neither party may assign or transfer this Agreement without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
12. Severability. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
13. Amendment. This Contract may be amended or modified only by written agreement of all parties.
14. Jurisdiction and Venue. This Contract shall be construed in accordance with the laws of the State of Florida and the parties hereto agree that venue shall be in Hillsborough County, Florida. Florida law will govern this agreement, without regard to conflict of law principles.
15. Indemnification. Client agrees to indemnify, defend, and hold Company harmless from any and all liabilities including, but not limited to, litigation costs and attorney fees that it may incur as a consequence of this Contract and from any and all claims and losses to anyone who may be injured or damaged by reason of Client’s willful misconduct or negligent performance of this Contract.
16. Notices. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
17. Entire Agreement. This Agreement, along with the attached Estimate, contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written or oral agreements between the parties. No supplement, modification, waiver, or termination of this Agreement shall be binding unless in writing and executed by the parties to this Agreement.
18. Binding Effect. The terms contained in this Service Agreement (the “Agreement”) are accepted upon the Electronic singing of this Agreement by You or an authorized representative.