TERMS OF SERVICE, GENERAL CONTRACT FOR SERVICES, SERVICE CONDITIONS, RELEASE OF LIABILITY
(READ CAREFULLY – THIS AFFECTS ANY CUSTOMER AND OR CLIENT’S LEGAL RIGHTS)
This Terms of Service, General Contract for Services, Services, Service Conditions and Release of Liability is made effective as of January 15, 2015, by and between Any Customer and or Client of Colorado Servicing LLC.
1. DESCRIPTION OF SERVICES. Beginning on January 15, 2015, Colorado Servicing LLC will provide to Any Customer and or Client the following services (collectively, the “Services”):
Air Duct Cleaning, Fertilize, Gutter Cleaning, Home and Lawn Care Maintenance, HVAC Inspection and Cleaning, Lawn Aeration, Lawn Mowing and Trimming, Over-seed, Power Washing, Property Inspection, Smoke and CO Detector Installation and Battery Replacement, Sprinkler Blowout, Sprinkler Repair, Weed Removal and Spray, Window Cleaning and not limited to only the above services.
2. SERVICE CONDITIONS. Colorado Servicing LLC shall not be liable for any damage to Any Customer and or Client property during any Services. Colorado Servicing LLC shall not be liable for failure to remove all dirt particles from any Services. ALL SALES ARE FINAL.
3. PAYMENT. Payment shall be made in full to Colorado Servicing LLC in the amount due upon completion of any Services described in this Contract.
If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 10 percent per year, or the maximum percentage allowed under applicable Colorado laws, whichever is less.
If any payment by check is returned unpaid, Any Customer and or Client further agrees to a $15 service charge and Any Customer and or Client shall be held responsible for any court or bank charges, interest, and any expenses incurred by Colorado Servicing LLC.
Any Customer and or Client shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if Any Customer and or Client fails to pay for the Services when due, Colorado Servicing LLC has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
4. TERM. This Contract will terminate automatically upon completion by Colorado Servicing LLC of the Services required by this Contract.
5. CONFIDENTIALITY. Colorado Servicing LLC, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Colorado Servicing LLC, or divulge, disclose, or communicate in any manner, any information that is proprietary to Any Customer and or Client. Colorado Servicing LLC and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. Any oral or written waiver by Any Customer and or Client of these confidentiality obligations which allows Colorado Servicing LLC to disclose Any Customer and or Client’s confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.
Upon termination of this Contract, Colorado Servicing LLC will return to Any Customer and or Client all records, notes, documentation and other items that were used, created, or controlled by Colorado Servicing LLC during the term of this Contract.
6. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
7. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
8. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
9. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
10. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
11. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of Colorado.
12. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
13. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
14. ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
15. RELEASE OF LIABILITY. (I, ANY CUSTOMER AND OR CLIENT)
In exchange for participation in the activity of Services organized and provided by Colorado Servicing LLC and/or use of the property, facilities or Services of Colorado Servicing LLC, I, Any Customer and or Client agree for myself and (if applicable) for the members of my family, to this Contract and its Terms of Service, General Contract for Services, Services, Service Conditions and Release of Liability in addition to all of the following lines below.
16. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Colorado Servicing LLC, or the employees, representatives or agents of Colorado Servicing LLC.
17. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Colorado Servicing LLC for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities or Services of Colorado Servicing LLC, whether caused by the fault of myself, my family, Colorado Servicing LLC or other third parties.
18. INDEMNIFICATION. I agree to indemnify and defend Colorado Servicing LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities or Services of Colorado Servicing LLC.
19. FEES. I agree to pay for all damages to the facilities or Services of Colorado Servicing LLC caused by any negligent, reckless, or willful actions by me or my family.
20. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under the State of Colorado law.
21. NO DURESS. I agree and acknowledge that I am under no pressure or duress to accept this Agreement and that I have been given a reasonable opportunity to review it before accepting. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Colorado Servicing LLC has offered to refund any fees I have paid to before the use of its Services if I choose not to accept this Agreement before giving permission to perform any Services.
22. ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
23. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
YOUR ACCESS TO OR USE OF ANY THE SERVICES. By providing permission to have Colorado Servicing LLC begin and perform services for any property SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE, GENERAL CONTRACT FOR SERVICES, SERVICE CONDITIONS AND RELEASE OF LIABILITY, AND FURTHER ACCEPT THAT YOU VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS. By accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to provide permission to begin or use any Services.