Handyman Service Agreement
Handyman Service Agreement (“Agreement”)
This Agreement is entered between Handyskilled, Inc. (“HS”) and the customer (“Customer”). In exchange for the Customer’s timely compliance with all obligations identified herein, HS shall provide certain handyman services consistent with the terms of this Agreement including the Terms and Conditions which are incorporated in this Agreement.
1.0 Monthly Membership, Rates, and Work Days and Hours. The customer agrees to pay HS the amounts set forth in Option ___ (choose Option 1 or 2).
2.0 Services Provided. Customer agrees that the services provided by HS under this Agreement are limited to “handyman” services. Such services include common and ordinary repairs not involving skilled labor. Such services do not include repairs and renovations requiring skilled labor. HS, in its sole discretion, shall determine if the repairs or services requested constitute handyman services.
3.0 Service Requests. Customer shall notify HS of any necessary repairs or services by e-mail to contact@handyskilled.com Any request for services or repairs within 24 hours of the request shall be considered a request for “Emergency” service and subject to the corresponding hourly rate.
4.0 Term and Cancellation of Agreement. This Agreement shall be for a term of one (1) year from the date of Customer’s signature on the Agreement. The term of this Agreement shall automatically extend for successive periods of one (1) year, unless either party notifies the other in writing (with e-mail or facsimile being acceptable written notice) at least thirty (30) days before the expiration of the then-current term. Either party may terminate the Agreement by providing thirty (30) days written notice (with e-mail or facsimile being acceptable written notice) to the other party.
5.0 Payment and Service Charges. Customer agrees to provide payment in full immediately upon completion of the services or repairs performed by HS. Payment shall be made in the form of (i) business check or money order payable to Handyskilled, Inc. only, or (ii) by credit card, however, Customer shall pay a service charge of 3% for each payment made by credit card. A service charge in the amount of 1.75% per month shall be assessed to all invoices not paid timely.
6.0 Additional Charges and Conditions. Customer agrees to the following additional charges and conditions:
6.1 Billing Policy: Customer agrees that HS will round up all partial hours and bill
in increments of full hours only.
6.2 Parts, Supplies and Specialty Tool Rental: Customer agrees to reimburse HS for the cost of any parts, supplies or specialty tool rental fees required to complete the repairs or services. In addition, Customer agrees to pay HS the corresponding hourly rate for time required to locate and secure all parts, supplies and/or specialty tools required to complete the repairs or services. This includes travel time to and from suppliers. The parties agree that any single part, supply or specialty tool rental fee in excess of $250.00 shall require the prior written authorization (with e-mail or facsimile being acceptable) of Customer.
6.3 Permits: It shall be the sole responsibility of Customer to obtain and pay the fees for all permits, if any, necessary for the repairs and services provided under this Agreement.
6.4 Debris disposal: Customer agrees to pay HS an addition fee in the amount of $180 per ton for disposal of construction debris.
6.5 Parking fees: Customer shall reimburse HS for all costs incurred for parking charges incurred by HS in performing any repairs or services under this Agreement.
Terms and Conditions
Representations and Assignment
Customer represents that he/she has the authority to enter into this Agreement. This Agreement may not be assigned by Customer without the advance written consent of HS.
Right to Subcontract
HS, in its sole discretion, may subcontract any of the repairs or services.
Notice and Right to Cure
The parties agree that no claim may be made for breach of this Agreement unless the aggrieved party shall provide written notice of the alleged breach to the other party. Such notice shall provide the receiving party a period of thirty (30) days to cure any alleged defect in its performance.
Warranty Disclaimer
HS will provide all services in a good and workmanlike manner. Except for the express warranties stated herein, FS DISCLAIMS ALL WARRANTIES INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Attorney’s Fees
If HS incurs attorney’s fees, expenses or costs as a result of the Customer’s failure to honor his/her obligations under this Agreement, Customer agrees to pay HS its attorney’s fees, expenses and costs regardless if either party initiates litigation or arbitration.
Force Majeure
Any delay or failure by the parties in their performance of this Agreement will be excused to the extent that the delay or failures are due solely to causes beyond the reasonable control of such Party. Such causes include, but are not limited to, any act of God, fire, casualty, flood, tornado, war, strike, lockout and failure of public facilities.
ARBITRATION
Any controversy, claim, cause of action, or other dispute arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, whether in tort, contract, consumer fraud or otherwise, except a cause of action or claim by FSC to recover full payment from Customer, shall be resolved by binding arbitration before a single arbitrator in Cook County, Illinois in accordance with the rules and procedures of the American Arbitration Association, and judgment upon any award rendered by the arbitrator may be entered in any court of competent jurisdiction.
WAIVER OF JURY TRIAL
The parties hereby WAIVE THE RIGHT OF TRIAL BY JURY WITH RESPECT TO ANY ACTION ARISING OUT OF THIS AGREEMENT.
Reduced Time to Bring a Legal Claim
Regardless of the applicable statute of limitations and regardless of when the Customer discovers any defect(s) or problem(s), the Customer hereby agrees that any arbitration or litigation arising from the repairs or services performed by HS shall be filed within one (1) year after the date of completion of the applicable repair or service, after which any such lawsuit(s) and claim(s) will be forever barred.
Release and Limitation of Liability
In the event that HS, its agents, employees and independent contractors are found liable under any theory of liability related to any work performed pursuant to this Agreement, then the liability of HS, its agents, employees and independent contractors shall be limited to a sum equal to the fee paid by Customer to HS for the applicable repair or service. Customer agrees that HS will not be liable for any incidental, consequential or punitive damages regardless of HS’s fault or negligence.
Governing Law, Jurisdiction & Venue
This Agreement shall be interpreted and construed in accordance with the laws of the State of Illinois. Except as set forth in the section entitled “Arbitration,” the parties agree to commence any action, suit or proceeding against one another only in the Circuit Court of Cook County, Illinois.
Severability
Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, unimpaired by the court’s holding.
Entire Agreement
This Agreement sets forth the entire agreement and understanding of the parties relating to its subject matter and merges all prior discussions between them. Neither party shall be bound by any definition, condition, warranty or representation other than as expressly stated in this Agreement. Any amendment, waiver or modification of the terms of this Agreement must be in writing and signed by the parties.