Client Service Agreement

Parties:

Known as
"Handyman"

and

Known as "Client"

Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties."

Purpose of the Agreement

This agreement made between Handyman Hoffman LLC. (hereinafter referred to as "Vendor", "We" or "Handyman"), and the undersigned owner (hereinafter referred to as "Client", "You" or "Customer") of the real estate properly specified under Address of Project. Handyman hereby agrees to sell or construct in substantial performance with the specifications set forth hereinafter as detailed and according to the terms of this Agreement.

a) This contract and specifications are valid for the scope of work described in the below stated Services. Customer acknowledges there may be conditions not known to the parties (hidden conditions) that may affect the scope of the work described in below stated Services and in such circumstances, change order or new proposal will be required to address any such condition.

Terms & Conditions

Services

Handyman shall provide Client with the services stated in the invoice agreed upon for services and/or products ("Services"):

Location and Delivery of Services

Location. Handyman shall deliver Services to Client at the following location(s) stated on the invoice.

Delivery of Services. Handyman will provide all Services by the date specified on the invoice, unless otherwise specified in this Agreement.

Cost, Fees and Payment

Cost. Total Cash Price for Labor and Material.
The cost of the work described in above stated Services is due in full by. Client shall pay the Total Cost to Handyman as follows:

On-Site Evaluation Fees Clause:

To secure an appointment for an on-site evaluation, a non-refundable fee is required. This fee ensures our commitment to allocate the necessary time and resources for a thorough assessment of your project.

During the on-site evaluation, our team will collect essential data to provide you with an accurate and comprehensive quote. This process involves a detailed examination of the project scope, potential challenges, and resource requirements, ensuring that we meet your expectations with the highest quality of service.

This fee will be credited towards the total cost of any additional projects booked that extend beyond the initial on-site evaluation.

For further details regarding project payments, please refer to the terms outlined in the subsequent sections of this agreement.

By signing this agreement, you acknowledge and accept the terms of the on-site evaluation fees and their application to future projects.

Booked Projects:

The first payment is a non-refundable retainer fee. At a minimum, Client agrees that the retainer fee fairly compensates Handyman for committing to provide the Services and turning down other potential projects/clients. Final payment is due on or before completion of work or as agreed upon in this contract.

Should the Customer fail to make such payments, We reserve the right to discontinue work and require the balance of the Contract to be put into an escrow account. Customer will pay interest accrued at eighteen percent (18 %) per annum or if monthly payments are agreed upon by both parties, then one and a half percent (1.5%) per month (3 days grace period) will apply for delinquent accounts plus collection costs. In the further event it becomes necessary for Handyman to place this Contract in the hands of an attorney or collection agency for collections, the Customer will pay all fees and costs of collection, including attorney fees. Title to all equipment, parts and accessories hereunder shall remain as Handyman's personal property until all payments due by Customer are paid in full. Progress payments for any stage of the work constitutes acceptance by Customer for work performed at said stage.

In the event of returned or bounced checks, Client is responsible for all bank fees incurred by Handyman as a result of such returned check(s), and Handyman has the right to charge a $50 fee per check in addition to collecting the amount of the amount of the original check plus bank fees.

Exclusivity.
Client understands and agrees that he or she has hired Handyman exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Handyman hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

Intellectual Property

Copyright Ownership. Handyman owns any intellectual property, whether tangible or intangible, including but not limited to any and all products, processes, inventions, formulas, or trade secrets created as a result of the Services provided herein.

Additional Terms

Handyman reserves the right to erect a company sign on the Customer's front yard during the performance of its work. The parties agree that any unused materials at the conclusion of the project will remain the property of Handyman.

Warranty

Handyman is responsible for completion of the work in accordance with this Contract document, including all applicable building code requirements and a good workmanlike manner and agrees to remedy any defects in material or workmanship if it receives written notice within one (1) year of the completion of its work.
It is specifically understood that Handyman has the right to cancel all warranties if Customer fails to make payments under this Contract, and if any damage is caused during such period of payment delinquency, it will not be covered under any warranty whether the warranty is reinstated or not. The parties agree that there are no warranties or representations by or on behalf of Handyman other than those set forth specifically herein, Any alterations or changes to this agreement must be made in writing and signed by both parties. Otherwise, Handyman will not acknowledge any changes.

Variances

Building, electrical, plumbing and location improvement permits, unless otherwise provided in the Contract, will be provided by Handyman. Customer will be responsible to obtain and pay the costs of any approvals of variances if required. If any town, city, county, state or municipal board requires additional construction not contemplated by this agreement, such construction will be the responsibility of the Customer.

Limit of Liability

Maximum Damages.

Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Handyman.

Handyman is not responsible to repair damages to driveways, septic tanks, sprinkler systems, sod, bushes, trees, curbs, sidewalks, wells, well pipes, or lawns that may occur in the ordinary course of performing work. Any steps to protect such improvements must be taken by the customer before Handyman commences work.

Indemnification.

Client agrees to indemnify, defend and hold harmless Handyman and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Handyman provides to Client.

Property Ownership. Customer warrants that he/she/they is/are the owner(s) of the property on which the work is to be performed. He/She/They is/are authorized on behalf of the owner to enter into this agreement. Customer authorizes Handyman to enter the premises without notice at any reasonable time before and during construction until final payment occurs. All parties executing this document are jointly and severally responsible for payments and obligations under this agreement.

Subcontracting

Handyman has the privilege of subletting portions of this work as we believe it advisable. In the event subcontractors are used, Handyman's workmanship warranty will cover all said work.

Cancellation

YOU, THE BUYER MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION ("CANCELLATION TIME”). CONTACT US IMMEDIATELY FOR A NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. The parties agree that Handyman will neither commence work nor order or special order any material for the work described in the proposal until expiration of the Cancellation Time.

Impossibility

Force Majeure. Handyman shall not be held liable for any delay, interruption, or failure to perform any of its obligations under this Contract, and shall be excused from any further performance, due to circumstances beyond its reasonable control, such as force majeure events, which shall include, but not be limited to strike, boycott, war, acts of God, pandemics, fire, earthquake, or other natural disasters or calamities, labor troubles, civil disturbance, riot, delay of commercial carriers, restraint of public authority, martial law, mechanical breakdown or any other reason, similar or dissimilar, beyond the control of the party, and not the result of the negligence or willful misconduct of the party. If either party is unable to perform a material obligation under this Contract, then either party shall have the right, upon written notice to the other party, to suspend the term and obligations contained in this Agreement while such event of force majeure exists, or, at either party’s option, to terminate this Agreement if such event of force majeure continues for longer than twelve (12) months.

General Provisions

Governing Law. The laws of Indiana govern all matters arising out of or relating to this Agreement, including torts.

Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

Email: 1. Handyman's Email: [email protected]
2. Client Email

Merger.

The undersigned owners hereby acknowledge that they have read the Contract and understand that all work to be performed must be done to the scope of work above, and that any work not specified will require additional charges. It is further acknowledged by the undersigned that this Contract constitutes the entire agreement and no other verbal offers, agreements or stipulations have been made or implied.

Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.