Service Agreement
This Service Agreement (“Agreement”) between The Tech Guys Doors and Gates (the “Service Provider”) and their clients (the “Client”)

Service Agreement

The Service Provider agrees to perform the following services (the “Services”):

  • Installation and fabrication of gates, driver gates, and automatic gates
  • Installation of intercom systems, key fobs, and networking
  • Access control systems
  • Deposit: A deposit of ten percent of the total project cost is required upon signing this Agreement. This deposit may be waived if the job is urgent or by mutual agreement.
  • Product Costs: The cost of any products purchased by the Service Provider on behalf of the Client will be collected upon purchase.
  • Final Payment: The remaining balance is due on the same day of installation.
  • Late Payments: Any delay in payment will incur a fee of five percent per month from the due date. This fee will be prorated for any portion of a month that payment is late.
  • Accepted Payment Types: Payments can be made through online payment (ACH), check, cash, and selected cryptocurrencies. The Service Provider does not accept credit card payments unless agreed upon between the Client and the Service Provider, and only for payments not exceeding three hundred fifty dollars.
  • General Cost of Labor: If not described differently, labor costs are generally fixed price based on the scope of work. For small repair services, the Service Provider charges one hundred seventy-five dollars per hour for one technician and two hundred twenty-five dollars per hour for two technicians, with a minimum of two hours for each service.

Non-Payment

  • If the Client fails to pay by the due date, the Service Provider reserves the right to reclaim installed products and suspend access to installed systems until full payment is received.
  • For subscription-based services, such as Brevo.com and services with monthly fees, the Client will be blocked from accessing the software after three notices of non-payment.
  • General Terms: This Agreement is not specific to any particular quote or estimate. It outlines the general terms of service applicable to all projects undertaken by the Service Provider.
  • Insurance and Liability: The Service Provider is insured. Proof of insurance and licensing is available upon request.
  • Force Majeure: The Service Provider shall not be liable for any delays or failures in performance due to circumstances beyond their control, including but not limited to natural disasters, acts of war, or government actions.
  • Service Warranty: All services are warranted for one year from the date of installation.
  • Product Warranty: Warranties on products are provided by the manufacturers and are the responsibility of the Client.
  • Site Access: The Client shall provide full and free access to the work site, including necessary facilities and utilities.
  • Information: The Client must provide accurate and complete information required for the Services, including any known issues or pre-existing conditions. This includes, but is not limited to, the following examples:
  • If the Client is aware of existing problems with gates or doors when scheduling the installation of an intercom system, these issues must be disclosed.
  • If the Client knows of any networking or wiring issues that could affect the installation of key fobs or access control systems, this information must be provided.
  • If there are any pre-existing structural or electrical issues that could impact the installation of automatic gates, these must be communicated.

The Client must disclose any such issues to the Service Provider in advance. Any claims regarding issues or defects must be accompanied by evidence proving that the issue existed prior to the Service Provider’s work. Failure to provide such information or evidence may result in the Client being held responsible for any additional costs or delays resulting from undisclosed issues.

  • Mediation and Arbitration: Any disputes arising from this Agreement shall first be attempted to be resolved through mediation. If mediation fails, disputes shall be resolved through binding arbitration.
  • Governing Law: This Agreement shall be governed by the laws of the State of California.
  • Termination by Client: The Client may terminate this Agreement with three days’ written notice, in accordance with California law, which requires a seller of home goods or services to give the buyer three days to reconsider their purchase.
  • Termination by Service Provider: The Service Provider may terminate this Agreement if the Client fails to comply with the terms, including non-payment.
  • Any modifications to this Agreement must be made in writing and signed by both parties.
  • The Client agrees to indemnify and hold harmless the Service Provider from any claims, damages, or liabilities arising from the Services provided, except in cases where the Service Provider is found to be at fault.
  • Any intellectual property created during the provision of Services remains the property of the Service Provider until full payment is received. If any products installed are not paid for in full, they remain the property of the Service Provider, who retains full access to those products.
  • Both parties agree to keep all information related to this Agreement confidential.
  • The Service Provider shall not be liable for any delays or failures in performance due to circumstances beyond their control, including but not limited to natural disasters, acts of war, or government actions.
  • This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

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