Terms and Conditions
My terms and conditions are designed to be firm, but fair, and help ensure that we're all on the same page.
Per my standard service agreement, I do have a place for special terms, but these are the standard terms applicable to every contract or agreement.
A couple of key notes to keep in mind:
1) As part of my documentation preparation package for your job, I will create a lien document for each property address of yours that I work on.
2) All timekeeping will be tracked per physical address that I perform work on.
3) All invoicing will include all time and expenses for that week, broken down by the physical project address.
4) I strive to be 'lien ready' to encourage on time and in full payments so that work may continue moving forward for all of us. It's not a threat, a power play, or an effort to 'put you in your place', it's a sign of the times we're in, and this is me insuring myself.
The Agreement
In all contracts, agreements, or other documents designed to act as an agreement or contract between parties, unless otherwise noted, Done Right by Daniel, LLC is known as the ‘provider’.
The other party, person or entity in agreement is known as ‘client’.
By contracting me to perform work for you, you are agreeing to the following terms:
Scope of Work
The Scope of Work will be defined in the Agreement, assigned by Primary Discipline, as defined by standard industry terms.
In such cases where the Work to be done exceeds the Scope of Work, Provider and Client will communicate to create an addendum or Change Order.
Communication Methods
Client and Provider agree to receive and accept communications via Email for all notices, addendum requests, change order requests, and other project communications, to and from the email addresses provided in the agreement.
While phone calls, text messages, and letters are all acceptable forms of general communication, any information that is not sent by email may not be properly received, understood, or acted upon inside the agreement.
Invoices
For ongoing work, invoices will be issued each week on Friday for the hours, expenses, and other costs incurred for the client from the week.
For service visits, invoices will be issued by the end of the day on the day the work was completed.
For all other work, invoices will be issued per the payment terms in the agreement.
For work requiring a deposit or retainer, the amount due will be invoiced up front, and work will be scheduled once the funds have been received by Provider.
Unless otherwise agreed upon in writing, invoice payments are due 7 calendar days from issue date. Payments are considered received once the Provider has access to the funds, less holds placed by Providers financial institution per their standard policy.
Invoices are considered late if not paid by end of business on the due date. Late invoices will be assessed a late fee of 10% of the total due, recurring every seven calendar days until the invoice is paid in full.
Mobilization
Unless otherwise specified:
A Mobilization invoice will be issued prior to work being scheduled;
Mobilization will be 100% of the cost of materials, and 50% of the labor (check your estimate for the specific amounts);
Mobilization payments are non refundable once the project has commenced (materials have been purchased or work has started).
Payment methods
Acceptable payment methods are cash, a debit or credit card through Providers online payment portal, or cashiers check.
Other methods may be agreed upon in writing, contained in the agreement.
A 3% fee will be added to any balance being paid with a card through the online payment portal.
Work scheduling
All work will be scheduled based on availability of Provider, contractors, subcontractors, work space/ project site, project readiness, and/or project access. All scheduling is subject to weather, and other considerations out of our control.
Every reasonable effort will be made to schedule, perform, and complete the work in a timely fashion.
Every reasonable effort will be made to ensure that my work does not cause any delays to agreed upon and scheduled work, or work in progress, except where necessary for changes, updates, or problems.
Every reasonable effort will be made to be available to my client by telephone from 0700 to 1900 local time each business day. I can be emailed any day and time; email responses are within 1 business day.
Quality of work
It is my duty to ensure the quality of work meets or exceeds the agreed upon (contracted) results, building codes, and industry standards. If at any time the client does not believe the work being performed by any contractor, including myself, is ‘up to par’, it is their duty to inform me right away, within 24 hours of first identifying the work in question. Once informed, I will make every reasonable effort to correct any work necessary, stop any further progress that is sub-par, and correct the errors, or replace the errors/errant contractors where needed.
Errors or Omissions
Every reasonable effort will be made to ensure no Errors or Omissions are made during the course of work, however, the Client agrees that the Provider is not financially responsible for Errors or Omissions so long as the Provider can show reasonable effort and due diligence in the course of work.
Late Invoices - ongoing work
On the first late invoice, a late fee of 10% will be applied, and a warning will be given.
On the second late invoice, all scheduled work is put on hold, and all 'to be scheduled' work is pushed to the bottom of the list. Once all invoices are paid in full, work will be rescheduled as available.
On the third late invoice, all scheduled work is put on hold, and all 'to be scheduled' work is pushed to the bottom of the list.
The payment terms of the agreement default to a retainer model, and a retainer invoice will be issued.
Once all invoices are paid in full, including the retainer invoice, work will be rescheduled as available.
If a late invoice is not made current within 14 days being issued, it shall count as another invoice late, and repeat each week.
If any invoice reaches 21 days past due, all current work is suspended, and no new work will be scheduled until all invoices are paid in full.
Lien Filings
If any invoice reaches 28 days past due, A lien will be filled, signed, notarized, and recorded per the laws of the jurisdiction of the client or project address.
Client agrees to pay all fees and time associated with the procurement, preparation, production, recording, and/or foreclosure of the lien, including, but not limited to any and all time spent in the work of the lien, billed at $50/hour, notary fees, filing/recording fees, legal fees, travel time, and other reasonable fees incurred by Provider in the pursuit of the lien.
Disputes or Disagreements
All disputes related to an invoice must be raised within three days of invoice issued.
Any dispute or disagreement should be raised, documented, and have notice to other parties sent upon discovery of the issue.
The dispute must specify what, exactly, is in dispute, and why it is being disputed.
All items not in dispute must be paid in full by invoice due date.
All costs incurred to Provider for Client shall be paid in full by the invoice due date, regardless of being disputed.
If the investigation shows that Client was billed improperly, funds will be returned to Client at the next invoice cycle.
The burden of proof to prove a dispute lies with the Client.
The Client may request information/documentation/research for their case from Provider, but all time spent on the matter will be billed to the Client, and must be paid for up front.
Any documentation and/or communication shall be sent to the email address listed on the contract, and in doing so shall be pursuant to acceptable legal delivery of information.
Wherein it is required to send a letter, sending it to the formal address for Provider will abide.
Any disputes arising out of this Agreement shall be endeavored to be settled amicably by all Parties within 7 calendar days.
If the Parties are unable to amicably settle the disputes within 7 (seven) days, the disputes shall be resolved by way of arbitration, mediation, or other method agreed upon by all parties, in writing.
Intellectual Property
Any and all digital content that I create or procure is my property, held, owned, and controlled solely by me.
Any intellectual property that includes personal or private information also falls under my privacy policy, and shall be treated as such.
Materials
For work where materials are required:
The Client may provide materials upon Provider approval of said materials.
Client provided materials must be of a type, kind, and quality agreed upon by the provider prior to purchase or use.
For materials provided by the Provider, no markup on materials will be made; the time to find, acquire, transport, or otherwise handle materials will be billed along with other time worked in the job.