Property Services Near Wilmington, Vermont

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Service Agreement

Outlined specific to your needs. See or request an estimate.

Outlined specific to your needs. See or request an estimate.

    1. Peak Property Services shall receive for services rendered the amount outlined in the estimate.  
    2. The fee is guaranteed for the term of the contract and may be adjusted by Company upon 30 days written notice to the Client.
    3. The company may revisit and change the price anytime during the time of the contract in the event of economic events or incidents that will influence and damage business operations. Example; Large fluctuations in gas prices driven by oil shortages beyond our control. 30 days’ notice will be provided. The client has the option to leave or continue in the situation.
    4. All payments from the buyer to the seller for services and products will be paid by the buyer on or before the due date on the invoice.
    5. All invoices will be sent via email to customer’s email address provided unless advised otherwise. $1.00 fee applies for paper invoices to reduce paper resources.
    6. Early exit fees apply and vary depending on agreement expenses incurred by company before total agreement amount has been paid by client.
    7. Failure to meet the payment.
      1. In the event of a failure to meet a scheduled payment of any of the charges due and payable under this Agreement, the remainder of this Agreement, including interest of 1.5% per month (18% per year) and attorney’s fees accrued thereon, will be accelerated and become immediately payable in full.
      2. In the event of a failure to meet a scheduled payment of any of the charges due and payable under this Agreement, service may be terminated anytime by the company.
      3. Outstanding payments must be made in full even after service terminated for any reason.
      4. Any fees incurred by the company for client’s failure to meet payment deadline will be charged to the customer at a fee to be determined by the company including the initial fee.
      5. Premature termination by the customer will require payments for individual outstanding services completed before termination and monthly invoice.
    8. Default
      1. If any one or more of the following events shall occur, then to the extent permitted by law, the Company shall have the right to exercise any one or more of remedies set forth below:
      2. Failure to pay any payment due;
      3. Client and/or its Guarantor becomes insolvent or files for Bankruptcy protection (voluntary or involuntary);
      4. A receiver, trustee, conservator or liquidator is appointed on behalf of the Client or Guarantor under any Federal or State Law;
      5. Client’s breach of any other section of this Agreement and fails to remedy said Breach within 10 days after breach;
      6. The client enters into a new Agreement with another Company for services at the contracted premise before this Agreement expiration date.
    9. REMEDIES:
      1. If this Agreement shall be breached by the Client or if the Client shall be in default as set forth above, the Company shall have the option to:
      2. Declare immediately due and payable any unpaid balance, including interest and late Charges iii. Bring action for collection of damages, expenses, reasonable attorney’s fees, court costs, and interest;
      3. Discontinue services without notice.
      4. All remedies of the Company are cumulative and are in addition to any other remedies provided by the law.
      5. The election of one remedy shall not be deemed a waiver to any other remedies nor shall it preclude the Company from electing any other remedy concurrently.
      6. No failure or delay on the part of the Company to elect a remedy shall be deemed a waiver nor shall it modify the Agreement.
      1. On non-weather permitting days, service will be completed before or after the weather event.
      2. Repairs because of storm damage, vandalism, damage done by others or conditions beyond Company’s control such as over or under watering will be the client’s responsibility.
      3. Company employees will attempt to close any gates opened for service. However, Company does not assume any liability if a gate is left open.
      4. Irrigation clocks and sprinkler heads can be checked at no charge to the client upon request while Company is performing regular weekly Mow/Edge Service.
      5. Needed repairs will be made and billed to the client with prior approval.
      6. Low growth rates some seasons can result in unnecessary mowing. Monthly fees still apply and the property will be visited by the company still to assess the property’s needs.
      7. Changes in obstacles present in the yard will result in price changes for the service. Play equipment, pools, trampolines and animal facies are some examples of obstacles.
      8. Special projects will have custom clauses added to project at Peak property Services discretion and shared with customer.
    1. Communication
      1. If it shall become necessary for Company or Client to give notice of any kind, the same shall be written and served by sending such a notice by regular mail or email to the last known address of Company or the Client.
      2. The customer acknowledges billing will be sent electronically unless advised of preference for mail service.
      3. The customer must advise within 12 hours of any intent to have the
    2. Auto Renewal
      1. If services rendered are on a seasonal routine basis the client agrees that there will be a yearly continuation of services without the need for a yearly re-agreement.
      2. Any PPS proposal and its services included will be automatically renewed once the need for it returns.
      3. The customer acknowledges that a reminder will be sent 30 days before the New Year advising of automatic renewals.
      4. Withdraw
        1. Peak Property Services reserves the right to withdraw from this agreement upon its expiration and not renew services.
        2. The buyer of services may withdraw from the agreement after expiration and by notifying peak property services within 10 days.
    3. Non Solicitation
      1. Client agrees that it will not solicit for employment for itself, or any other entity, or employ, in any capacity, any employee of Company assigned by Company to perform any service for or on behalf of Client for a period of two years after Company has completed providing service to Client. In the event of Client’s violation of this provision, in addition to injunctive relief, Company shall recover from Client an amount equal to such employee’s salary based on the average three months preceding employee’s termination of employment with Company, times twelve, together with Peak Property Services counsel and expert witness fees.
    4. Grievances
      1. The client agrees to engage with the company representative in the event of a concern or complaint regarding the services provided.
      2. The client agrees they will not engage any public criticism of the company or voice any concerns in any public way including print and electronic means of publishing.
      3. The client agrees the company shall have 30 days to determine a mutually agreeable solution to remedy such situation.
    5. Cancellation Due to Catastrophe
      1. This contract may be canceled without notice at the option of the Company, in case the Company’s equipment is destroyed by fire or another catastrophe, or so substantially damaged that it is impractical to continue service and, likewise be cancelled at the option of the Client, in the event the Client’s premises are so destroyed or seriously damaged.
    6. Entire agreement
      1. It is agreed to and understood by the parties that this agreement constitutes the entire agreement between the parties and there are no verbal understandings changing or modifying any of the terms of this agreement. This agreement may not be changed, modified or varied except in writing and signed by an authorized representative of the Company. Client hereby acknowledges that he/she has read, received a copy of, and understands this entire agreement.
    7. Company’s right to subcontract special services
      1. a. Client agrees that Company is authorized and permitted to subcontract any services to be provided by Company to third parties who may be independent of Company, and that Company shall not be liable for any loss or damage sustained by Client by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties. Client appoints Company to act as Client‘s agent with respect to such third parties, except that Company shall not obligate Client to make any payments to such third parties.
    8. Limitations on lawsuits; venue, waiver of jury trial
      1. a. Both Company and Client agree that no lawsuit or any other legal proceeding connected with this Agreement shall be brought or filed more than one (1) year after the incident giving rise to the claim occurred.
      2. b. Each party hereby irrevocably agrees that any suit, action or other legal proceeding (“suit”) arising out of or from, in connection with or as a result of this Agreement shall be brought exclusively in the State Courts or in the Courts of the United States located in the District or County where Company’s principal place of business is located.
      3. Each party consents to the exclusive jurisdiction and venue of each such court in any such suit and waives any objection that it may have to jurisdiction or venue of any such suit.
      4. Unless prohibited by law, any lawsuit brought by either party with respect to this Agreement shall not be heard before a jury. Both parties hereby waive any right to a jury trial.
      5. Client waives any right to counterclaim
      6. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
      7. If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity nor enforceability of the remainder of this Agreement shall be affected.
      8. This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made by this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect thereto.
      9. Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of God, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other. Fees may apply to client.
      10. The buyer of this agreement acknowledges that the company and the recommendations it makes are based on experience and knowledge level. Maintenance work that requires the attention of a, but not limited to, qualified plumber, electrician, roofer, HVAC specialist and tree care professional is generally recommended and pursued by the company on behalf of the buyer. The company is not responsible for any undesirable situations resulting from the conditions for which the speciality work is required.
      11. Client acknowledges that all employees and subcontractors carry appropriate required insurance coverage for both liability and workers compensation purposes required by law. This does not waive clients responsibility for injuries or damages to clients property or people or companies property or peoples through negligent actions of the client.
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