(“Customer”) whose address is
3. Starting Date and Completion Date. The Services shall commence on the date signed by the Contractor and continue on a monthly or yearly basis depending on the program and payment option chosen by the Customer. The Contractor or Customer can terminate at any time by giving the other party not less than forty-eight (48) hours advance notice of cancellation by email and the Customer will receive a pro rata credit for the amount paid for any time remaining. The Contractor reserves the right to change the terms of this Agreement or the monthly fee, but must give the Customer at least seven (7) calendar days advance notice by email, during which time the Customer may give notice of termination by email and the Customer will receive a pro rata credit for the amount paid for any time remaining.
4. General Provisions.
a. PAYMENT DUE UPON SIGNING. In the event the Customer fails to pay any payment when it is due under this Agreement, the Contractor may suspend or cease Services, pending payment or resolution of any dispute. Any such suspension or cessation of Work by the Contractor shall not constitute a breach of this Contract.
b. If the Customer fails to pay the Contractor all sums due under this Contract, the Contractor may avail itself of any and all remedies available to it under the law.
c. No Other Agreements or Representations: This Contract and any attachments hereto constitute the complete and exclusive
statement of the Contract between the parties with respect to the subject matter hereof and shall supersede or proposals,
prior Contracts, and representations, oral or written, and all communications between the parties relating to the subject
matter hereof. No representative of Contractor has authority to make representations, guarantees, warranties, Contracts, or other promises other than as are expressly set forth in this Contract, and this Contract shall not be varied by any agreement
or representation other than an instrument in writing executed by the duly authorized officer of Contractor and Customer.
d. Contractor and Customer acknowledge that previously unknown conditions (hazardous or otherwise) may be uncovered at
any job site, and in particular where existing structures are being demolished and/or remodeled to accommodate new
construction or to reutilize existing facilities. Any quote or estimate for construction work cannot take into account all such
previously unknown conditions. Should a previously unknown condition later be encountered on the job site once construction
work commences, Owner acknowledges that the Contractor shall be entitled to adjustments in the time to perform, and the price to
perform the work.
5. Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of New York, without regard to any choice of law provisions therein.
6. Entire Agreement; Assignability. This Contract constitutes the entire understanding and agreement between the Contractor and the Customer and supersedes all prior representations and agreements. This Contract may not be assigned by either the Contractor or the Customer.
7. Severability. If any provision of this Contract is found to be invalid, illegal or unenforceable in any respect, in whole or in part, by a judgment, order or decree of any court of competent jurisdiction or the award of any arbitrator, the validity of the remaining terms and provisions, and of the remaining part of any terms or provisions held to be partially invalid, illegal or unenforceable, shall continue in full force and effect to the extent permitted, modified or adjusted by such judgment, order, decree or award.
8. Waiver. . No consent or waiver, express or implied, by the Contractor to or of any breach or default in the performance by the Customer of its or his obligations under this Contract shall be deemed or construed to be a consent to or waiver of any other breach or default in the performance by the Customer of the same or any other obligations of the Customer under this Contract. Failure on the part of Contractor to complain of any act or failure to act on the part of the Customer or to declare the Customer in default, irrespective of how long such failure continues, shall not constitute a waiver by such Contractor of its rights under this Contract.
9. Dispute Resolution. Customer agrees to notify Contractor of all complaints in writing and allow Contractor a period of 30 days to inspect and/or correct any deficiencies in the services. The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) arising out of or relating to this Contract or the Services hereunder (a “Dispute”) through negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. In the event the parties are unable to resolve the Dispute within thirty (30) days of notice of the Dispute to the other party, the parties agree to submit the Dispute to arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association (“AAA”) before a one-person arbitration panel (or before any other arbitration provider to which the parties mutually agree), and the judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be held in New York, New York unless the parties mutually agree to hold the arbitration earing remotely by Zoom or another similar video conferencing platform as may be required by the AAA (or mutually agreeable other arbitrator). The arbitrator shall not award either party exemplary or punitive damages, and the parties shall be deemed to have waived any right to such damages.
Customer
By:
