SERVICE AGREEMENT AND WORK ORDER TERMS AND CONDITIONS
This a document was last modified on 9/22/2022.
No one likes to read the small print that is often a part of conducting the affairs of our lives. Whether it’s a mobile phone contract, gym membership, bank loan, lease agreement, medical release form, or health insurance form, no one likes reading the small print; and, most of us seldom do. This is why we limit the amount of small print in our paperwork with you by posting it publicly here on our website. The way we see it is that if you have chosen to do business with us, it is because you know, like, and trust us. You know about us and why we are in business as a social enterprise. You like what we are doing to give back to the communities we work in and the idea of supporting a company that is endeavoring to be socially responsible. And, you have chosen to trust us to do the work we have promised you that we will do for you. Know. Like. Trust. This is how the best and most lasting relationships are forged. We want to become your first choice for providing all of your home or business handyman, renovations, and maintenance needs because you know, like, and trust us and are grateful you have given us this opportunity to serve you.
SERVICE AGREEMENT AND WORK ORDER TERMS AND CONDITIONS
(for Soteria Worx, LLC Service Agreements and Work Orders)
The “small print” that follows, represents the Terms and Conditions (“Terms”) of every Service Agreement or Work Order (“Agreement”) of Soteria Worx, LLC (“Soteria”, “we”, “us”, “our”) that we enter into with our Customers. Whether our Agreement with you is by written, oral, or implied by handshake acceptance, these Terms apply to all service and/or work we provide our customers.
If you, as our customer (“customer”, “you”, “your”) have any questions or concerns about our working relationship with you, you can find your answers in these Terms. Whether a signed Agreement (physically or electronically signed) with Soteria, or by verbal handshake agreement, these Terms constitute the whole Agreement between you and Soteria.
SERVICE AGREEMENT AND WORK ORDER TERMS AND CONDITIONS
(The Small Print)
Communication and Legal Notices
We live in a technology-driven world. Email, cellphones, texting, instant messaging apps, and specialized phone apps that make it easy to do business online with most companies. Technology makes life easier and allows for decisions to be made more quickly – even instantaneously. Soteria Worx uses this sort of technology for ongoing communications with our customers/clients when at all possible, and all communication may be recorded by either you or Soteria for both quality assurance and/or to enforce the Terms of our working relationship. To this end, delivery of all communication – job scheduling, job updates, inquiries, etc, as well as job invoices, statements, and ongoing communication related to our working relationship with you may be delivered via faxing, email, texting, or any messaging app that allows for communication between you as our customer and Soteria, as well as hand-delivered or through the US Postal Service or should communication with you electronically be problematic.
Fee Schedule and Charges
Soteria Worx does not knowingly perform any work for any business or homeowner that requires a building permit to do the work that you need done. While we do work with contractors who can provide you high quality work for all permitted projects that you may have, we do not knowingly engage in any construction or repair services that require a building, electrical, plumbing, or roofing permit. Only licensed general contractors are permitted to do this sort of work. Our services are limited to all non-permit required services.
Interior & Exterior Painting Services – Painting services will be on a per job basis and not based on an hourly rate, with a minimum charge for painting services of $300.00 (materials not included), unless otherwise specified in Work Order.
Pressure Washing Services (high pressure and soft wash) – High pressure or soft wash pressure washing services will be on a per job basis with a three (3) hour minimum charge of $250.00 (equipment, supplies and materials included), unless otherwise specified in Work Order. Additional washing services beyond our three hour minimum, will be on an hourly basis, unless otherwise specified in Work Order. Our hourly rate for a two technician team is $140.00 per hour.
Driveway and Walkway Painting & Sealing – Soteria charges a minimum of $450.00 in labor to prepare, treat, paint and/or seal your driveway, and/or sidewalks (materials not included). Our charges are based on the condition of the surfaces to be painted or sealed, and the amount of preparation required. The average cost for concrete painting and sealing is $3.50 per square foot based on the amount of time needed for preparation, the type and quality of materials used, and you desired surface finish. These charges do not include cleaning and/or pressure washing that may be required. We can provide a more accurate per square foot price once we have inspected the surfaces you desire to have painted or sealed.
Handyman Services – These services may include, but are not limited to, home or business repairs, improvements, renovations, remodeling, carpentry, tiling, flooring, sound proofing, drywall installation and finishing; appliance installation; window treatments; gutter installation or repair, general repair services, or cleaning services; general cleanup and hauling services; or, any other handyman services you may require. Unless otherwise agreed to in writing as a lump sum price, all non-permitted handyman services will be charged at an hourly rate of $75.00 per man hour with a three (3) hour minimum (excluding electrical, plumbing, and roofing repair services) or as otherwise outlined in Work Order. In almost all instances our handyman will work with an assistant to expedite the work that needs to be completed in a timely manner. The charge for a handyman assistant is $60.00 per man hour.
Plumbing Services – Non-permitted plumbing services will be at an hourly rate of $90.00 per man hour with a two hour minimum, plus materials, if not otherwise agreed to as a lump sum price. In the event that plumbing services are offered as a part of our handyman services, non-permitted plumbing repairs and maintenance will be changed at our handyman hourly rate.
Electrical Services – Non-permitted electrical services will be at an hourly rate of $90.00 per man hour with a two hour minimum, plus materials, if not otherwise agreed to as a lump sum price. In the event that electrical services are offered as a part of our handyman services, non-permitted electrical repairs and maintenance will be changed at our handyman hourly rate.
Roofing Services – Non-permitted roofing repair services will be at an hourly rate of $90.00 per man hour with a three hour minimum, plus materials, if not otherwise agreed to as a lump sum price.
Landscape Services – Soteria provides various landscape related services to business and homeowners. Unless agreed to in writing as a lump sum price, all consulting, planning and design services are at an hourly rate of $150.00, with a two (2) hour minimum and an additional $70.00 per half-hour or portion thereof; installation services, and various clean-up and maintenance services at a rate of $60.00 per man hour – all of which may vary in pricing depending on the scope and expertise of the services you request.
Project Planning and Consulting Services – There is an old adage that goes like this – “You don’t know what you don’t know.” This is the very reason why wisdom tells us to seek out wise counsel about things we don’t know so that we can make wise choices. Oftentimes, as a “do-it-yourselfer” property owners like yourself need someone with experience and expertise in things they lack the experience and expertise in, to come alongside them and help plan and/or troubleshoot a present or future project. This is when you need a project planning and consulting service – someone knowledgeable enough to help you understand the ins-and-outs of your proposed do-it-yourselfer project. In the construction and home improvement industry, this is something that can help you immensely when it comes to gathering bids and negotiating terms, whether you choose a company(s) to do your work or you decide to do the work yourself. This is an ideal service for do-it-yourselfers who want to do the work, but don’t want to second-guess themselves, overlook something that could shipwreck their project, or make unnecessary mistakes that will add significant cost to their project. We offer this helpful service for an hourly rate of $150.00 per hour with a two (2) hour minimum and an additional $70.00 per half-hour or portion thereof, thereafter. As a part of this service, we provide a written overview of our time with you, along with insights and recommendations so you won’t forget anything when the time comes for you to begin your project.
Materials and Supplies – Unless otherwise agreed to in writing where you have agreed to a lump sum fee for Soteria to complete your project, you agree to pay for all materials and supplies necessary to complete the services you have requested Soteria to do. You further agree to pay for said materials and supplies upon their delivery to your home or business as invoiced. Unless you have personally purchased and had the materials and supplies delivered that we require to complete your project, all materials and supplies necessary to complete work you want us to do that we have delivered – whether personally or by a supply vendor – will be charged to you at our cost plus twenty-percent (20%), and payment for said materials or supplies will be due as invoiced to you by Soteria.
Deliveries – Unless the project that you have hired us for is for a lump sum contracted price, as a part of every job there is almost always the need to have materials and supplies delivered to your job site – materials and supplies like cabinets, appliances, flooring, doors, lumber, concrete, brick pavers, landscape materials, various soils and gravel, rental equipment, etc. Depending upon the minimum materials or supplies that a supplier requires, all suppliers charge a delivery charge for materials and supplies they deliver. Should delivery charges be incurred by Soteria from a supplier as a part of Soteria fulfilling our responsibilities under the Terms of this Agreement, you agree to pay for these delivery charges as invoiced. In the event that Soteria delivers materials or supplies to you for the completion of the work we are doing for you, unless otherwise agreed to in the Work Order, we charge $75 per delivery for supplies and materials.
Compensation – How We Get Paid
You, the Customer, will pay Soteria in accordance with Our Fee Schedule and Charges which make up a part of this Service Agreement. All additional expenses associated with contracted work that fall outside of the scope of services and work outlined in the Agreement will result in an additional cost to you, and payable upon being invoiced. Your approval of the work you desire Soteria to provide you or any additional work beyond our original agreement will be evidenced by a) a written work order signed by you on the job site, b) an email that may include either an overview of the work we will be doing for you or a generated electronic work order in the form of a PDF file, that has been approved by you via your affirmative response to such an email, and/or c) electronic messaging between You and Soteria which asserts your desire for us to perform the work, our understanding of the work, and the estimated cost to do the work, which also confirms your approval via your affirmative response for the work outlined, and the charges for said work. Electronic messaging or email may also include an attachment(s) of a non-editable PDF file which will outline said work. Once you have acknowledged that you have received our document and approved it, Soteria will begin said work upon receipt of your affirmative response to our email that includes the scope of work and estimated cost to complete your project, and/or your electronic messaging to Soteria confirming the scope of work, and agreeing to what we have communicated to you.
Taxes and Fees – Unless otherwise stated in our Agreement with you, the charges to you for any services provided by Soteria do not include sales tax or any other taxes/required fees that may be assessed by a municipality. You agree to pay these taxes or fees that may be applicable to your project. As applicable, any unforeseen costs such permits or fees that are required by local or state law will be your responsibility. Payment for the work we provide is outlined under the “Payments” section of Work Order Terms.
Payments
The following is an overview of the payments you agree to make to Soteria and the Terms related to all payments:
- Your initial Good Faith Deposit, if any, or your authorization by any means as outlined above for services to be performed by Soteria will constitute your acceptance of our Agreement with you for the work you desire us to do. Soteria provides its services on a first come first serve basis and will schedule your project as soon as humanly possible. Your Good Faith Deposit is non-refundable.
- In lieu of a Good Faith Deposit, our commencement of the work we have agreed to do for you will constitute both your acceptance and our acceptance of the work we have agreed to do, and that you have agreed to pay us for.
- You agree to pay for all job-related materials and supplies that are necessary to complete work, as invoiced by Soteria to you, whether we are working for you on a lump sum or an hourly man hour rate, plus materials and supplies.
- Additional job cost payments for materials and supplies beyond those outlined in the initial work order, if any, will be made by you to Soteria in a timely manner so as not to delay our work progress in the fulfillment of our Agreement with you.
- Unless otherwise outlined in our Agreement or unless a written agreement for monthly installment payments has been agreed to in writing prior to the commencement of the work you have contracted us to do, you agree to make all payments in a timely manner as invoiced by Soteria to you.
- You agree to pay in full any remaining balance for labor, and for all supplies and materials that have been delivered and/or installed on your project, upon being invoiced by Soteria for all work that has been completed – whether it is work in progress or a final statement for your account – upon receipt of any invoice we submit for work in progress or upon receipt of our Final Statement upon the completion of the work you have contracted us to do.
- Invoices and our final statement to you will be considered received by You upon, but not limited to its delivery to you in person, by electronic means (a PDF sent via email or text messaging), or by postal service.
- Payments through Barter. In some instances, Soteria will enter into a barter agreement with individuals or companies that we work for. Our barter agreement is straightforward. We will charge you our current market labor rate as outlined under “Fee Schedule and Charges” unless otherwise agreed to verbally or in writing, and you will provide products and/or services in-kind at a fair market value, i.e., new or pre-agreed to used products, or labor services on a dollar-for-dollar barter trade. All barter payments by you to Soteria are to be settled within thirty days of each statement presented. Should you default on your barter agreement with Soteria, you agree to pay Soteria, either by cash, credit card, approved crypto currency, other legal tender, in full within ten (10) days after you have defaulted on our barter agreement. An accounting of all barters will be provided to you on a periodic basis in the form of a Statement of Your account with Soteria and/or upon receipt of our final statement for services rendered to you.
Commencement of Work
Upon the mutual approval of the work we have discussed with you, Soteria will initiate the scheduling of said work. Notwithstanding any conflicts in scheduling with customers who have been placed on our schedule ahead of you or any unforeseen delays such as inclement weather or a delay in the delivery of materials or supplies necessary to complete our work for you, we will begin working on your project as quickly as possible once your agreement with us has been finalized.
Our commencement of the work on your job site will constitute a binding contractual agreement for the scope of work we are to provide you. Our commencement of the work we are to provide you implies that you have accepted these Terms and Conditions of Service that govern our working relationship, and further implies a mutual agreement between you and Soteria with regard to the payment(s) for the services we are providing – whether a lump sum price has been agreed upon or we will be working on a per man hour basis for you.
In lieu of our commencement of work, the receipt of a good faith deposit from you for the work you want us to do constitutes the beginning of our contractual relationship with you. Upon receipt of your good faith deposit, we will immediately begin the planning and scheduling of your project and begin working on your project at our earliest convenience, in the order that your project was received by Soteria.
Cancellations
Sometimes there are changes in the circumstances in life that cannot be avoided. Equally, it is also possible that someone can make financial decisions that are premature or simply not right for them. Whether bad timing or a change in financial circumstances, we understand this can happen. At any time upon the commencement of our work for you, should you decide you no longer desire to have us complete your work, you can provide us with a notice of cancellation in accordance with the Terms outlined under “Communications and Legal Notices” of this Agreement.
While good faith deposits for our work are non-refundable, upon your cancellation, we will apply all good faith deposits you have made to Soteria against any outstanding job-related expenses that have been incurred by Soteria including all labor, materials, supplies, and incidental costs directly associated with your job, up until the time of your Notice of Cancellation to Soteria. All labor services and job-related expenses that are beyond the amount of your Good Faith Deposit(s) will be due upon receipt of our final Statement to you, delivered either in person, or by text, email, and/or USPS.
All work performed will be considered as billable time at our standard hourly rates per man hour as outlined under “Compensation” heading, unless otherwise agreed to in writing. If our Agreement with you is for a lump sum amount for the job we are doing for you and not at an hourly rate per man hour, and you decide that you know longer want us to continue or to complete the work we have started, your project will revert to an hourly rate per man hour as outlined herein.
Notice of Cancellation shall be deemed sufficient when you notify us in writing electronically (by text or email) or by other acceptable delivery means as outlined in these Terms. Upon proper notice, payment for all labor performed, along with materials and supplies already delivered and/or installed shall become due upon delivery of our final statement to you, electronically or otherwise, for all labor, materials, supplies, or other incidental expenses incurred up until the date and time of your cancellation notice to Soteria. We recommend that you use both electronic messaging (texting) and email to provide immediate notice to cancel since these two methods have both a date and time stamp for the time they have been sent.
If any materials or supplies have been purchased by Soteria, but not delivered to your job site at the time of your cancellation, there will be a 20% return and restocking fee associated with the materials or supplies that we have purchased on your behalf.
NOTICE OF MECHANICS LIEN. As a matter of policy, Soteria regularly files a Notice of Intent to File a Mechanics Lien to its customers as a part of doing business. This Notice of our intent to file a Mechanics Lien states that if the agreed contracted price is not paid as agreed to, that Soteria may at its discretion attach a Mechanics Lien on your property – specifically your home or business – when a customer/client does not pay their balance in full within 20 days of receiving a Statement from Soteria. As such, this provision of this Agreement acts as an official Notice of Intent to File a Mechanics Lien on your property. You are hereby notified that should you not pay us as agreed, we will place a Mechanics Lien on your property.
Independent Contractor
In providing the Services you have authorized us to do, it is expressly agreed that Soteria is acting as an independent contractor and not as your employee. Soteria and you as our Customer acknowledge that this Work Order does not create a partnership or joint venture, and is a contract for Services exclusively as outlined in Work Order. Soteria is responsible for, 1) the management, oversight, and supervision of all workers, 2) for paying any and all employees and/or subcontractors, 3) and complying with all reporting requirements for local, state, and federal taxes related to payments made to employees or subcontractors under this Agreement.
Right of Substitution
Except as otherwise provided in this Agreement, Soteria may, at our own discretion, engage a third-party subcontractor to perform some or all of the obligations of Soteria under this Agreement as outlined in Work Order. You agree as our Customer not to hire or engage any third-party to assist with the provisions of Work Order. In the event Soteria hires a subcontractor, Soteria will pay the subcontractor for their services and the agreed compensation as outlined herein will remain payable by you to Soteria. For the purposes of the indemnification clause of this Agreement and Work Order, any subcontractor hired by Soteria is an agent of Soteria and as such, Soteria will be fully responsible for all work performed by the subcontractor(s) and applicable warranties.
Autonomy
Except as otherwise provided in this Agreement and/or Work Order, Soteria will have full control over working time, methods, and decision-making in relation to providing the Services to be rendered in accordance with this Work Order. We will work autonomously and not at the discretion of you, the Customer. However, we desire to provide 100% satisfaction to every customer we serve and as such will seek to be highly responsive to the reasonable needs, wants, and desires you may have in the performance of our duties as outlined in Work Order.
Amendments and Modifications
Any amendment or modification to an existing Work Order – whether verbal or written – which may add to the rights and obligation(s) of a Work Order by you and/or Soteria will be binding on both parties if evidenced in writing and signed by an authorized representative of both Parties.
In other words, no work will be performed beyond our initial agreement with you verbal or otherwise – unless a new Work Order for additional work has been properly approved as evidenced by your signature to the work order we will provide you with at the time of the modifications of our original agreed to services.
Assignment
Soteria will not voluntarily, or by any operation of law, assign or otherwise transfer its obligation(s) under this Work Order without the prior written consent from You. You will not voluntarily, or by any operation of law, assign or otherwise transfer your obligation(s) under this Work Order without the prior written consent from Soteria.
Equipment
Unless otherwise stated in these Terms, when we provide work for you on a lump sum basis, Soteria will provide at our expense, any and all transportation, tools, machinery, equipment, rentals, safety equipment, and miscellaneous supplies not specifically mentioned in this Agreement and Work Order that are necessary to complete the work you have agreed to have us provide you.
Failure to Pay for Services Rendered
Soteria regularly files a Notice of Intent to File a Mechanics Lien to its customers as a part of doing business. This Notice states that if the agreed contracted price is not paid as agreed to, that Soteria may at its discretion attach a Mechanics Lien on any project where a customer/client does not pay their balance in full. Failure to pay Soteria as agreed may result in collections and/or civil action, to include, but not be limited to placing a Mechanic’s Lien on the real property associated with our working agreement or other personal property, where Soteria has performed the services and/or work you hired us to do and you choose not to pay on a timely manner.
Non-payment for services rendered will begin to accrue simple interest of not less than 1.5% per month or the maximum interest rate allowed by governing law, whichever is greater, on any unpaid balance after thirty (30) days from the due date. If you choose to pay for our services through an installment plan, all payments must be made in accordance with the provisions of the Soteria Installment Agreement in order to avoid defaulting on your payment agreement with us.
Default and Collections Communications
Should you default on your obligation to pay Soteria for services rendered and/or job related expenses incurred in the execution of the work you have approved Soteria to do, all official documentation in the matters of collections will be deemed delivered if the document has been delivered to you via any form of electronic or physical delivery of, but not limited to legal notices or impending legal proceedings, requests, and/or demands for payment.
Legal notices, requests, and demands will be deemed to be properly delivered (a) immediately upon being served to either party by the other party through any Court-recognized third party (Process Server or Sheriff’s Deputy), (b) three days after being deposited with the US Postal Service if served by registered mail, or (c) the day of delivery at the last known address of record by an overnight courier.
Indemnification
You agree to indemnify and hold harmless Soteria, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever which may result from or arise out of any action or omission of Soteria, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Work Order. This indemnification will survive the completion and/or termination of this Work Order.
Enurement
This Work Order will enure to the benefit of and be binding upon both Parties and their respective heirs, executors, administrators, legal agents, permitted successors, and/or assigns.
Governing Law
This Work Order, its Terms, and any adjudication of same shall be governed by the laws of the State of Florida, in the County of Alachua. The prevailing Party of any litigation shall be reimbursed by the opposing Party for all reasonable costs and attorney fees incurred in the enforcement of this Work Order unless otherwise agreed to by the presiding Court.
Waiver
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Work Order by the other Party will not be construed as a waiver of any subsequent breach of the same, or of other provisions found in these Terms and Conditions.
Whole Agreement
It is agreed by Soteria and Customer that there are no other representations, promises, collateral agreements or conditions, warranties, or guarantees, implied verbally or otherwise, as it relates to the performance or execution of this Agreement. The Terms of this Agreement constitutes the whole agreement between Customer and Soteria unless otherwise prohibited by law or by a Court of competent jurisdiction.
Titles and Headings
Titles and headings are inserted only for convenience, and are not to be considered when interpreting this Work Order or Terms, or the enforcement thereof.