This SERVICE AGREEMENT (hereafter, ‘‘this agreement’’) effective as of [DATE], is made and entered into by and between DAVID MUENZER of address [ADDRESS] (hereafter ‘‘Client’’) and MELENDEZ ENTERPRISE LLC with a business address of [ADDRESS] (hereafter, ‘‘the Company/Service Provider’’).
WHEREAS, the Company intends to carry out services to the Client’s property in accordance to “EXHIBIT 1”;
WHEREAS, “EXHIBIT 1” herein refers to the invoice attached hereinafter;
WHEREAS, the parties to this Agreement (‘‘the parties’’) wish to set forth the terms and conditions upon which such service will be executed by the Service Provider;
Now, therefore, in consideration of the foregoing premises, and of the mutual promises and covenants herein contained, the parties, intending to be legally bound, do hereby agree as follows:
SERVICE PROVIDER OBLIGATIONS (The Company)
The Service Provider herein has been appointed by the Client to render the agreed service. The Service Provider shall commence performance of the Services on the date first signed below, and shall continue until completion of the Services unless this Agreement is sooner terminated by the terms as set forth herein.
The duties of the Service Provider shall include all duties stipulated in the Invoice labeled “EXHIBIT 1” herein in addition to;
- Removing all working equipment
- Clean and vacuum all working areas
For any other additional service, the additional service shall be charged.
The price stipulated in the invoice only covers the work described in this agreement. Therefore, any additional work requested will be estimated and turned for approval before doing any extra work.
After the deposit is given, payments will be required in accordance with the job site progress.
As a safety precaution against contamination, Service Provider will cover any area possible with professional plastic and paper cover as needed.
In consideration for the services to be performed by the Service Provider, the Client agrees to pay the Service Provider under the terms of this Agreement.
The Service Provider is to be paid according to the invoice. Any additional work shall be charged separately.
For purposes of this Contract, “Confidential Information” shall mean information or material proprietary to a Party or designated as confidential by such Party (the “Disclosing Party”), as well as information about which a Party (the “Receiving Party”) obtains knowledge or access, through or as a result of this Contract (including information conceived, originated, discovered or developed in whole or in part by the contractor hereunder). Confidential Information does not include:
a) Information that is or becomes publicly known without restriction and without breach of this Contract or that is generally employed by the trade at or after the time the Receiving Party first learns of such information;
b) Generic information or knowledge which the Receiving Party would have learned in the course of similar employment or work elsewhere in the trade;
c) Information the Receiving Party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation;
d) information the Receiving Party rightfully knew prior to receiving such information from the Disclosing Party to the extent such knowledge was not subject to restrictions on further disclosure; or
(e) Information the Receiving Party develops independent of any information originating from the Disclosing Party.
4.2 Non-Disclosure. The Parties hereby agree that during the term hereof and at all times thereafter, and except as specifically permitted herein or in a separate writing signed by the Disclosing Party, the Receiving Party shall not use, commercialize or disclose Confidential Information to any person or entity. Upon termination, or at any time upon the request of the Disclosing Party, the Receiving Party shall return to the Disclosing Party all Confidential Information, including all notes, data, reference materials, sketches, drawings, memorandums, documentations and records which in any way incorporate Confidential Information.
TERM AND TERMINATION
This agreement shall stay in effect for a period of 3 weeks or more as agreed by both parties.
This agreement shall terminate once all services and all dues owed though this agreement have been fulfilled by both parties according to the terms herein.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Contract will be construed to create an employer and employee relationship between the Service Provider and the Client. Service Provider and Client agree that the Service Provider is, and at all times during this Contract shall remain, an independent contractor.
Except as otherwise specifically agreed in writing by the Provider and the Client, any dispute relating to any rights and/ or obligations arising from this Agreement which is not resolved by the parties shall be adjudicated by any court of competent jurisdiction.
This contract represents the entire agreement between the two parties and supersedes any previous written or oral agreement. This agreement may be modified at any time, provided there is written consent of both the Provider and the Client.
The parties agree that if any portion of this contract is found to be void or unenforceable, it shall be struck from the record and the remaining provisions will retain their full force and effect.
This contract shall be governed, interpreted, and construed in accordance with the laws of ___________ (STATE/COUNTRY/etc)
In Witness Whereof, this Agreement is duly executed by the duly authorized representatives of the parties as set forth below:
Service Provider’s Signature Date
Client’s Signature Date
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