ANNUAL MAINTENANCE PLAN
TERMS AND CONDITIONS
1. The Contractor is defined as follows:
Deck Teck, LLC
31 Beaver Pond Rd
Kennebunkport, ME 04046
The Contractor shall perform the Annual Maintenance Services at the Client’s property as described in the Product/Service Section of the Quote.
a. Client agrees to pay Contractor the Annual Maintenance Price set forth in the Quote. Client agrees store a credit card on file with Contractor’s third-party billing provider for automatic deductions made in accordance with this section.
b. Client agrees to make an initial payment of 25% of the Annual Maintenance Price of February 1st of each year OR upon entering into Agreement with Contractor for services planned for the current year. Said payment will be automatically charged to the Client’s credit card on file with Contractor.
c. Client agrees to payment of the remaining balance of the Annual Maintenance Price upon completion of the Annual Maintenance Services. Said payment will be automatically charged to the Client’s credit card on file with Contractor.
d. Contractor reserves the right to adjust the Annual Maintenance Price to reflect increases in the price of labor and materials. All such price adjustments shall be agreed upon by Client and Contractor in writing, and if no agreement is made then the Parties may terminate Annual Maintenance Services.
4. Starting and Completion of Services
a. The Contractor will perform the Annual Maintenance Services once per year.
b. The construction industry is inherently unpredictable, and the services may be performed any time during the period described above. If Client wishes for the Annual Maintenance Service to occur at a specific time during a year, Client should notify Contractor, and Contractor will do its best to accommodate those wishes.
c. Contractor is not responsible for delays caused by force majeure events or events beyond the control of the Contractor, including but not limited to, acts of nature, governmental regulations and restrictions, and pandemics. Delays caused by the performance by Contractor of extras or for hidden, concealed, and unforeseen conditions are likewise excusable delays.
5. Term of Agreement; Automatically Renews
This Agreement is for the performance of Annual Maintenance Services on the Client’s property and as such this Agreement shall automatically renew one year from the date Client approves the Quote provided by Contractor, unless terminated or otherwise agreed upon by the Parties in a separate writing.
6. Material Substitutions
Contractor reserves the right to substitute other materials, products and/or labor for similar, equal, or superior quality, utility or color, as deemed necessary in its professional opinion.
7. Additional Work
a. If Client wishes to request additional work or services than the Annual Maintenance Services described in the Quote, the additional work or services will be billed to Client separately and in addition to the Annual Maintenance Services.
b. If Client wishes to add ongoing additional work or services to the Annual Maintenance Services they receive each year, Contractor will provide Client with a new Quote and the parties will enter into a new Annual Maintenance Services agreement.
a. Contractor agrees to maintain all necessary forms of insurance to protect the Client from liability for any occurrence arising from the performance of this Agreement. Contractor agrees to carry general liability and that all forms of insurance carried hereunder will be with reputable companies licensed to do business in this state.
b. Client agrees to carry full coverage on the subject property covering the Client’s risk of loss during the Term, together with all special forms required by reason of the performance of this Agreement.
10. Option to Terminate
Client and Contractor shall have the option to terminate this Agreement at any time by providing 30 days’ notice to the other party by email or phone call. In the event of termination, the 25% deposit to secure services is nonrefundable. Contractor shall be entitled to receive any outstanding balance for work performed or scheduled to be performed within the 30 days’ following the notice of termination.
11. Photography and Video
By signing this Agreement, the Client grants permission for photography and video of the work performed on their property to be placed on the Contractor’s website and social media, to be used for educational, marketing, or promotional purposes without compensation to the Client. The Client’s name and full address will not be published.
12. Independent Contractor Status
The Contractor, under the code of the Internal Revenue Service (IRS), is an independent contractor, and neither the Contractor’s employees nor contract personnel are, or shall be deemed, the Client’s employees. In its capacity as an independent contractor, Contractor agrees and represents: Contractor has the right to perform services for others during the term of this Agreement; Contractor has the sole right to control and direct the means, manner, and method by which the Services required by this Agreement will be performed. Contractor shall select the routes taken, starting and ending times, days of work, and order the work is performed; Contractor has the right to hire assistant(s) as subcontractors or to use employees to provide the Services required under this Agreement. Neither Contractor, nor the Contractor’s employees or personnel, shall be required to wear any uniforms provided by the Client; The Services required by this Agreement shall be performed by the Contractor, Contractor’s employees or personnel, or Contractor’s subcontractors, and the Client will not hire, supervise, or pay assistants to help the Contractor; Neither Contractor nor Contractor’s employees or personnel shall receive any training from the Client in the professional skills necessary to perform the Services required by this Agreement; and Neither the Contractor nor Contractor’s employees or personnel shall be required by the Client to devote full-time to the performance of the Services required by this Agreement.
13. Assignment and Delegation
Contractor may assign rights and may delegate duties under this Agreement to other individuals or entities acting as a subcontractor. Contractor shall hold the Client harmless of liability in connection with work performed by a subcontractor.
14. Governing Law This Agreement shall be governed by the laws of the State of Maine.
This Agreement shall remain in effect in the event a section or provision is unenforceable or invalid. All remaining sections and provisions shall be deemed legally binding unless a court rules that any such provision or section is invalid or unenforceable, thus limiting the effect of another provision or section. In such case, the affected provision or section shall be enforced as so limited.
16. Entire Agreement
The Parties enter into Annual Maintenance Agreement upon Client submitting their Approval of the Quote to Contractor. The Quote, along with these Terms and Conditions, represent the entire agreement between the Parties and supersedes any prior agreements, promises, conditions, or understandings between the Contractor and Client.