NV SERVICE GROUP, INC.
GENERAL TERMS AND CONDITIONS
Please read these terms and conditions before submitting a request for proposal. By submitting a request for proposal, you are indicating that you have read, understood and agreed to these terms and conditions of NV Service Group.
The terms and conditions listed below govern the purchase of products and services from NV Service Group.
NV Service Group, Inc. Warrants all workmanship for services provided, once completed and approved by the Customer. This warranty only applies to the labor (product warranties are not inclusive). The warranty will be null and void if it is determined that a deficiency is due to negligence, misuse, or abuse on the behalf of the Customer, acts of God, or performance of work at the site by a party other than NV Service Group, Inc.
LOW PRICE GUARANTEE
NV Service Group guarantees the lowest price. If you receive a lower price by any other professionally licensed company, NV Service Group will beat it. A copy of our competitors quote must be provided to ensure same quality of materials and services to be provided. NV Service Group will pass final judgment on the professionalism of its competitors.
TERMS & CONDITIONS
Owner is the Owner and/or Operator of the property. The property, for convenience, will from time to time be referred to as “the premises.” The Owner and the Contractor desire to enter into an agreement whereby Owner may wish to employ the Contractor to perform specific services on the premises under the terms and conditions set forth below.
1. Proposal submission. By submitting a request for proposal, Owner hereby wishes to be contacted by NV Service Group for the purpose of receiving a proposal from NV Service Group. By submitting a request for proposal, you represent that you are at least 18 years of age and agree that NV Service Group may serve third party advertisement and/or NV Service Group provided advertisement and/or other content. You will have the ability to opt out of receiving such content.
2. Relationship of Parties. The parties intend that an independent contractor/owner relationship will be created by this agreement. In the event of the purchase of any product and/or service from NV Service Group, the Owner will be interested only in the results to be achieved and the conduct and control of the work force involved in performing this contract will lie solely with the Contractor. Contractor is not an employee of the Owner and is not entitled to the benefits provided by the Owner to its employees, if any.
3. Nature and Quality of Services to Be Performed. Contractor agrees to perform services on the premises in accordance with any accompanying specifications attached hereto in a good and workmanlike manner.
3.1 Notification of deficiencies in the performance of any agreement may be made either of two ways:
a. In writing, stating the exact nature of the deficiency.
b. By telephone call to the Contractor. (Voicemails are not acceptable and calls are recorded for quality assurance)
3.2 In any event, Contractor shall acknowledge the alleged deficiency. After investigation, if Contractor is at fault, the deficiency shall be corrected immediately. If the deficiency is caused by factors other than the Contractor's error, Owner may, at extra charge, hire Contractor to correct deficiency.
4. Contractor's Equipment and Materials
4.1 Contractor will furnish all labor, equipment, and materials to perform the specified duties under any agreement, except if otherwise stated in the agreement.
4.2 Substitute Materials. Contractor reserves the right to substitute materials that are equivalent in quality to those specified in any Customer Agreement, in the event Contractor is unable to obtain specified materials in a timely manner from its usual supplier or in the event that there has been a substantial price increase. In the event of any price increase, such price increase shall be reflected in a Contract Change Order, which the owner agrees to.
5. Supervision. In order to ensure the highest quality services, the Contractor agrees to employ fully trained supervisory personnel to make regular and scheduled inspections of the premises, noting any deficiencies to be corrected, as well as pointing out the areas of superior service to the regular staff. In addition, upper management personnel will be available for inspection and follow-up as the situation warrants such attention.
6. Disputes. IN THE EVENT THAT THE PARTIES FAIL TO RESOLVE ANY DISPUTES THAT MIGHT OCCUR, THEN THE MATTER SHALL BE REFERRED TO LITIGATION FOR DETERMINATION. THE RULES OF THE TRYING COURT SHALL BE CONTROLLING FOR PURPOSES OF DECISION, THE COST OF WHICH, INCLUDING REASONABLE ATTORNEYS' FEES, SHALL BE BORNE BY THE PARTY WHO FAILS TO PREVAIL IN THE ISSUE DETERMINED BY THE COURT. CONTRACTOR SHALL HAVE THE RIGHT TO FILE OR PURSUE A MECHANICS' LIEN CLAIM IN ORDER TO PRESERVE ITS MECHANICS’ LIEN RIGHTS AGAINST THE OWNER IN THE APPROPRIATE COURT. IN THE EVENT THAT THE CONTRACTOR PREVAILS IN SUCH ACTION, THE OWNER SHALL BE RESPONSIBLE TO PAY THE CONTRACTOR FOR THE ATTORNEY’S FEES AND COSTS THAT THE CONTRACTOR INCURRED IN THE PROSECUTION OF SUCH CLAIM. THE CLIENT HAS/HAVE READ AND UNDERSTOOD THIS LITIGATION PROVISION AND AGREE TO THIS PROVISION.
7. Indemnity. Contractor agrees to hold Owner harmless from any and all claims, costs, expenses, losses, or liabilities of every kind or nature, including attorney's fees, arising out of or in any manner connected directly or indirectly with Contractor's performance or failure to perform duties and services under this agreement.
7.1 Contractor shall carry and provide evidence of a minimum of $1,000,000.00 for bodily injury and $1,000,000.00 for property damage, including Broad Form Property Damage. Owner will receive within fifteen (15) days a written notice prior to any cancellation of said coverage.
7.2 Damage/Deficiencies. If the owner makes or wishes to make a claim in relation to any work performed by the Contractor, the owner acknowledges and agrees to notify the Contractor in writing and then permit the Contractor or its agents to inspect the work complained of and make any necessary corrections and repairs in order to correct any deficiency that may exist in the work performed. The sole obligation of the Contractor in relation to any such claim is to repair or correct any such deficiencies at its own expense. The failure of the owner to permit the Contractor or its agents to make the necessary correction or repairs fully releases the Contractor or its agents from any and all liability in relation to the complained of work and renders any warranties, whether actual or implied, null and void. Under no circumstances shall the Contractor be responsible or liable for any indirect or consequential damages, and the owner hereby waives any claims for such damages.
7.3 Contractor agrees to indemnify Owner against all liability and loss in connection with, and shall assume all liability for payment of all Federal, State, and Local taxes or contributions imposed or required under Unemployment Insurance, Social Security, Workers' Compensation, and Income Taxes with respect to Contractor or Contractor's employees engaged in the performance of the agreement.
8. Date of Commencement. The date of commencement shall be the day in which any proposed service begins or product is delivered.
9. Termination. Any agreement may be modified from time to time as set forth above, and may be terminated in its entirety by either the Owner or the Contractor at any time by giving notice in writing at least thirty (30) days prior to the desired date of termination. (Exception 1: Maid Service agreements may be terminated with 24 hours notice. Exception 2: Commercial Landscape Maintenance agreements may only be terminated in its entirety after the completion of the landscape season which last from January 1st thru December 31st. The Owner or the Contractor must give notice in writing of the desire to terminate the agreement before the start of the following landscape season or the landscaping maintenance portion of the contract will self renew for an additional season.)
9.1 “No Notice Cancellation”: Cancellation of any service appointment without a 24 hours notice will result in a “No Notice Cancellation Fee” of $50.00 being charged to the Owner (Voicemails are not an acceptable form of notification). The Owner acknowledges and agrees to this term and condition and agrees NV Service Group shall have the right to pursue collection of such payment. If NV Service Group is required to engage the services of a collection agency or an attorney, the Owner acknowledges and agrees to reimburse NV Service Group for any and all attorneys' fees and associated costs, incurred in the collection process.
10. Prior Agreements. The most recent Agreement will supersede any and all earlier Agreements between Owner and Contractor, whether written or oral, relating to its subject matter.
11. Severability. In the case that any provision of an Agreement is determined to be invalid, illegal, or unenforceable as written, both the Owner and the Contractor intend and desire that such provision be enforced to the fullest extent allowed by law, and that the remainder of this Agreement shall not be affected in any way.
12. Modification. Agreements may not be modified in any respect except upon mutual agreement of the Owner and the Contractor in the form of a Contract Change Order signed by both parties.
13. Adjustments. The prices set forth in any agreement are based on the present wage scales and other benefits affecting NV Service Group in each locality, the present services provided, and the frequency of work. In the event of any change in the above conditions, the contract price may be increased or decreased accordingly from the date the change is effective.
14. Pricing Standards. The prices set forth in any proposed agreement are based on the present wage scales and other benefits affecting a specific locality, the present services provided, and the frequency of work. In the event of any change in the above conditions, the contract price may be increased or decreased accordingly. Prices given in any proposed agreement are valid for thirty (30) days. Prices are not to be frozen based on previous purchases of products and/or services by any specific Owner.
15. Holidays. NV Service Group observes the following holidays: New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Eve, Christmas Day, and New Year’s Eve.
15.1 Observed holidays are calculated into service fees. Property services will not be provided on those days unless otherwise agreed upon.
16. Extra Services Provided On Request. Owner and Contractor agree that extra services can be provided on request at an additional labor and material charge.
17.1 Payment Terms. NV Service Group offers multiple payment terms to accommodate the different owner preferences and services offered by NV Service Group. Invoices and Statements will be sent by email to the address provided in each customer record.
Due on Completion: Payment is to be received upon the completion of each service.
Invoice: Payment will be due fifteen (15) days after billing. Billing will occur upon the completion of each service
Statement: Payment will be due thirty (30) days after billing. Billing will occur on the 1st day of each month for the services provided during the previous month.
Note: If service begins or ends in the middle of the month, any monthly fees will be prorated.
AutoPay: All customers have the ability to sign up for AutoPay by calling NV Service Group and providing an account representative with your credit card information. The credit information will be attached to your customer record and processed at time of billing as outlined in the terms above. It is the responsibility of the customer to update NV Service Group of any changes, cancellations, or expiration of any credit information used to process payment. Failure to update NV Service Group in a timely manner may result in Late Payment Fees.
17.2 AutoPay Requirement. In the event that a customer allows a balance to become past due on two separate occurrences or over sixty (60) days past due for one occurrence, that customer will be required to participate in AutoPay for future billings or prepay for future services.
17.3 Compensation. The owner will pay to NV Service Group any Contract price in accordance with the payment terms, as referred to in any Service Agreement. Past due amounts will bear interest at the rate of 1.5% a month (being 18% per annum) from the due date or the highest rate permitted by law. Payment will become past due on the day following the date of service for payments that were Due on Completion, after fifteen (15) days from the date of any invoice, after thirty (30) days from the date of any statement. Past due amounts are any amount not paid by the owner within the required time frame dictated by the payment term. In the event the owner fails to make payment within the required time frame, the owner agrees to pay a late fee totaling 10% of the owner’s account balance.
17.4 Credit Reporting. If your payment is more than 30 days late, NV Service Group may report delinquent balances to all three major credit bureaus, meaning the late payment will show up on your credit reports. A late payment on your credit report will stay on your credit report for seven years.
17.5 Collection Costs. If NV Service Group is required to engage the services of a collection agency or an attorney or file a Mechanics' Lien against real property, the owner acknowledges and agrees to reimburse NV Service Group for any and all attorneys' fees, filing fees and associated costs incurred in the collection process.
17.6 Counter Suit. If the Owner files a counter-claim against NV Service Group in any mechanics' lien or other legal action, then NV Service Group shall be entitled to recover all costs, attorneys' fees and expenses of litigation incurred in the defense of said action.
17.7 Reversal of Payment. In the event the owner makes a payment as required under this Customer Agreement, and then subsequently reverses payment either in the form of a stop payment on a check, or a chargeback on a credit card payment, the owner acknowledges and agrees that such act is a breach of this Customer Agreement by the owner. In such case, the owner acknowledges and agrees that NV Service Group is relieved of its responsibility to perform any further work on the project until payment is made in full for the entire Contract amount and any other amounts due pursuant to this Customer Agreement. The owner agrees to pay an administration fee of $50.00 for any NSF (non-sufficient funds) checks or checks subsequently cancelled via a stop payment. The owner agrees to pay an administration fee of $50.00 for any credit card tendered as payment, but subsequently charged back by the issuing bank. The owner acknowledges and agrees that in the interim NV Service Group shall have the right to pursue collection of such payment.