SERVICE AGREEMENT

SERVICE AGREEMENT

BETWEEN

MILLENNIUM CONSTRUCTION SERVICES INC (THE CONTRACTOR)

AND

_________________________________________________________ (THE CLIENT)

_____________________________________________________________________________________

THIS AGREEMENT is made on the ………….day of……….20……., entered into by the Contractor of  license number ___________________and the Client (Contractor and Client collectively referred to herein as the “Parties” or individually as the “Party”) and includes that party’s successors and assigns.

Parties agree to the following terms and conditions and to be bound thereby:

1. 1.       COMMENCEMENT AND DURATION

This agreement shall come into force upon execution by both parties until_____________________. This is the estimated duration, that may be subject to change due to factors beyond the Contractor’s control such as force majeure, accidents, frustration of contract and unavailability of materials. A definite completion date has not been determined.

• SERVICES

The Contractor shall provide kitchen and bathrooms renovations services to the Client. The particular services, materials (name, brand, model etc and charges shall be as listed hereunder;

• The Contractor will also be responsible for getting all necessary permits. The services will also include any other tasks which the parties may agree on.
• The Contractor shall furnish the Client with a Certificate of Workers’ Compensation Insurance before commencement of the services.
• The Client is entitled to cancel for a full refund if the Contractor fails to commence the services within _____________days after commencement.

• COMPENSATION

The Contractor will charge the Client as follows; the particular services, materials used, expenses incurred, charges and due date of payment shall be as listed hereunder;

NON-PAYMENT OR LATE PAYMENT WILL ENTITLE THE CONTRACTOR TO LEGAL REMEDIES INCLUDING BUT NOT LIMITED TO LIEN OVER THE CLIENT’S PROPERTY.

• DISCLAIMER OF WARRANTIES.
• The Company will provide a __________year manufacturer warranty. In no event will the Contractor’s total cumulative liability to the Client or any third party for all damages, losses and causes of action (whether in contract, tort, including negligence and strict liability, or otherwise) exceed the total amount paid by the Client to the Contractor under this agreement
• Except for the limited warranty, the Equipment and Services are provided to you “as is, where is”, with all faults and without warranty of any kind. To the maximum extent permitted under applicable laws, the Contractor expressly disclaims all other representations, warranties and conditions, express and implied, statutory (including under sale of goods legislation, or otherwise), including without limitation any representations, warranties or conditions of merchantability, fitness for any particular purpose, suitability for any particular purpose, title and non-infringement.
• Parties agree to be subjected to all relevant laws, rules and regulations including but not limited to consumer protection laws
• INDEPENDENT CONTRACTOR

The relationship of the parties hereto is that of independent Contractor. Accordingly, the parties hereto are not deemed agents, partners, or joint venturers of the others for any purpose due to this agreement or the transactions contemplated thereby. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the term. The Contractor is responsible for paying and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Contractor under this agreement.

• INTELLECTUAL PROPERTY

The Client agrees that any intellectual property and associated rights owed or developed by the Contractor, solely or jointly with others, during the subsistence of this agreement, is the Contractor’s exclusive property. The Client will enjoy a non-exclusive limited use license of the Contractor’s intellectual property. Title, copyright, intellectual property rights and distribution rights of the intellectual property remain exclusively with the Contractor.

• DISPUTE RESOLUTION

Any dispute under this agreement shall be resolved by Mediation. Parties shall act in good faith to resolve the dispute. Nothing in this section shall be construed as limiting the Court’s jurisdiction. This agreement shall be governed by the Virginia State Laws.

• TERMINATION

• Either party may terminate this agreement at any time upon breach of the contract by the other party.
• Either party may terminate this agreement upon giving the other party no less than one (1) month notice in writing. If the Client wishes to terminate the contract with less than one (1) month notice, the Contractor reserves the right to charge costs that have already been paid in advance or incurred by the Contractor on their behalf.
• Either party may terminate this agreement at any time if both parties agree to the termination.
• The termination of this agreement shall not discharge the liabilities accumulated by either party.
• Any Clauses intended by the parties or this agreement to survive the termination of this agreement shall survive the termination of this agreement by whatever cause.

• CONFIDENTIALITY

The Client shall not at any time disclose, directly or indirectly to any other person whatsoever (including to the public or any section of the public) or use for a personal benefit, any information concerning this agreement, whether such information is stated to be confidential or not, without the express written permission of the Contractor.

1. FORCE MAJEURE

For this agreement, “Force Majeure” means an event which a diligent party could not have reasonably avoided in the circumstances, which is beyond the control of a party and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies. A Party’s failure to fulfill its obligations due to Force Majeure, shall not be considered as a breach of this agreement, provided that the party has taken all reasonable precautions, due care, reasonable alternative measures, and minimal delay all to carry out the terms of this agreement.

1. GENERAL PROVISIONS

• The provisions of this agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.
• This agreement constitutes the entire agreement between the parties. It supersedes all prior oral or written agreements or understandings between the parties concerning the subject matter of this agreement.
• Parties may alter this agreement subject to a written document signed by all parties.
• Except where otherwise provided, failure by either Party to enforce any of these terms or conditions shall not be a waiver of their right to enforce them.
• This agreement may be executed in counterparts, each of which shall be an original, all of which shall constitute the same instrument.
• The article and section headings in this agreement are for convenience; they form in no part of this agreement and shall not affect its interpretation.
• The Parties will exercise utmost good faith in this agreement.
• If any ambiguity is found in the agreement, the Parties shall issue any necessary clarification.
• Parties shall be served through the following addresses; either Party may change their addressees by reasonable written notice given to the other Party.

THE CONTRACTOR:

PHYSICAL ADDRESS ___________________________________________

EMAIL                        ___________________________________________

TELEPHONE               ___________________________________________

WEBSITE                    ___________________________________________

OTHER                        ___________________________________________

THE CLIENT:           

PHYSICAL ADDRESS ___________________________________________

EMAIL                        ___________________________________________

TELEPHONE                ___________________________________________

OTHER                        ___________________________________________

• This agreement shall be governed in all respects by the New York State Laws.

IN WITNESS WHEREOF, each of the Parties has executed this agreement, both Parties by their duly authorized officer, as of the day and year set forth below.

YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.