CONTRACTUAL AGREEMENT – PLEASE READ CAREFULLY. THIS CONTRACTUAL AGREEMENT INCLUDES THE DISCLOSURE OF OUR BUSINESS POLICIES, PRACTICES, PROCEDURES, AS WELL AS RELEASE OF LIABILITY AND WAIVER OF CERTAIN RIGHTS. BY AGREEING TO RECEIVE THE SERVICES YOU HAVE AGREED TO THE STATEMENTS AND CONDITIONS BELOW.
THIS TERMS AND CONDITIONS AGREEMENT (the "Agreement", "Document") is between the parties to this Agreement (the "Parties"). By and between VARTTA GROUP SERVICES, INC. (DBA: Vartta Group Janitorial Services) ((hereinafter "Vartta Group" the "Company", "Service, Provider", "Independent/Sub/Hired Contractor") of 3701 San Dario Ave., Laredo, Texas 78041 a Texas corporation and In consideration for receiving certain services from the Service Provider I, (the "Client", "Customer", "Contractor", or "Service Recipient") take responsibility and agree to the following.
RELATIONSHIP OF PARTIES. The relationship of Client to Vartta Group is that of an independent contractor as described in Texas Labor Code, Section 406.121(2) and 406.141(2). Under no circumstances shall employees, sub-contractors, owner operators, or agents be deemed employees to Client or its affiliates. The Company shall provide sole supervision and for the operations of its personnel, and/or related parties, as well as any and all vehicles, equipment and/or property, whether tangible or intangible. The Company shall be entirely and solely responsible for the payment of its employees and payroll taxes, contributions, and/or assessments, whether pertaining to federal, state, or local requirements for all of its employees providing the services specified in this Agreement.
RECITALS. The purpose of this Agreement is to specify the terms and conditions under which Vartta Group will be contracted for the performance of certain work primarily related to property cleaning, maintenance, and management services and/or related services as described in writing (the "Services"). Services in this agreement will be completed at the intended service location for the Service Recipient on behalf of the Client in this agreement. Services in this agreement will be completed at the intended service location for the Service Recipient on behalf of the Client in this agreement. The Client understands that any agreement between the Service Recipient is separate from and will not be considered in correlation with Vartta Group. NOW, THEREFORE, it is agreed as follows:
DESCRIPTION OF SERVICES. Vartta Group Janitorial Services shall provide until complete, Services (i.e. Janitorial Services, Property Cleaning, Post-Construction & Make-Ready Cleaning, Window & Pressure Washing, Grass Cutting, Etc); as described via quote, estimate, proposal, or as specified in writing by an authorized representative of Vartta Group Janitorial Services Inc.
CONSUMABLES. The Service Provider shall furnish all labor and equipment necessary to perform the services described in this agreement; with the exception of all consumable supplies (i.e. hand soap, disposable towels, sanitary tissue, trash bags, seat covers, etc). Please be advised. The Service Recipient will be responsible for associated costs of consumables as well as maintaining adequate necessary supplies throughout the duration of the serviced property or facility. Presence of Hazardous Materials. Storage and use of hazardous materials throughout the service site may be required. Service Recipient assumes the risk of harm to themselves, its employees, their property, or other related properties resulting from direct or indirect contact with hazardous materials due to negligence on behalf of the Service Recipient.
CONTACTING VARTTA GROUP. Systematic inspection shall be conducted by the Service Provider to ensure that all services are being properly performed in relation to its field. Client and/or Service Recipient will promptly relay any complaints, questions, or concerns to Vartta Group in the form of writing by e-mail firstname.lastname@example.org, by phone (956) 949-9260 (Ext. #1) or by mail to PO Box 450407 Laredo, TX 78045 with sufficient time to allow the issue(s), concern(s), or question(s) to be resolved; up to thirty (30) business days, excluding national holidays.
MUTUAL NON-DISCLOSURE & CONFIDENTIALITY AGREEMENT. With respect to potential transactions involving the purchase and/or sale of goods, services, and/or other items between both Parties. Shall mean all such information that is or has been brought to light by the Disclosing Party or its Affiliates (defined below): (a) in writing or by email or other tangible electronic storage medium and is clearly marked “Confidential” or “Proprietary”; or (b) orally or visually. Confidential Information also includes, but is not limited to, valuable data as defined in this Agreement or by Texas Law, whichever is greater. This Agreement will continue to be effective after the termination of this Contract.
INVOICING AND PAYMENT TERMS. Client agrees to liquidate the balance due as described in writing by Vartta Group via E-mail or Invoice. Payments can be made in the form of Cash, Check, or Money Order made payable to Vartta Group Janitorial Services, and mailed to P.O. BOX 450407, Laredo, Texas 78045. PLEASE BE ADVISED. Client will be responsible for assuring all correspondence, contact information, invoices and other charges that have been submitted by Vartta Group have been received in a timely fashion. Client will be held liable for the failure to research and/or update Vartta Group with current information or due to negligence, ignorance, on the Client's behalf for not receiving information (ie. Checking their e-mail junk folder, mail, etc). LATE FEES AND OTHER CHARGES. Late fees will be incurred by the Client for all late/overdue invoices for the amount of 10% of the Amount Due. An additional 10% Late Fee of the original amount will be charged per month until the balances owed have been liquidated. Client shall be held responsible to pay all costs of Late Fees, collection, including without limitation reasonable attorney fees, court fees, additional, accumulated, or associated fees. Vartta Group has the option to-and will seek legal remedies for all fees and dues until balance is liquidated to the maximum extent permitted by Texas law.
VARTTA GROUP WARRANTY. Vartta Group shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in the Service Provider's community and region, and will provide a standard of care equal and superior care by similar service providers.
DAMAGE WAIVER AND INDEMNITY AGREEMENT. Client shall indemnify, defend and hold the Service Provider, its parent company, subsidiaries, agents, contractors, hired third parties, officers and employees harmless, waives any all rights of recovery from and against any and all claims, actions, suits, demands, assessments or judgments asserted and any and all losses, liabilities, any injury, damages, costs and expenses regardless of cause (including, without limitation, reasonable attorneys' fees to the extent permitted by law, accounting fees and investigation costs) alleged or incurred by out of or relating to any services provided, leased, purchased from, operations, obligations, acts or omissions under these Terms and Conditions regardless of cause, including negligence and gross negligence; including subrogation claims by insurance carriers.
ENTIRE AGREEMENT. This Document constitutes the entire agreement of the parties. There are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract or Agreement. This Contract supersedes any and all prior written or oral agreements concerning of such services including any Documents, Contracts, or Agreements provided by the Client. TRANSFER OR ASSIGNMENT. Neither party may assign or transfer the Services without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
SEVERABILITY. If any provision of this Agreement, or the application thereof to any person or circumstance, shall be held to be invalid or unenforceable for any reason, any court of competent jurisdiction, the remaining provisions of the Agreement or application will continue to be valid and enforceable. If a court of the corresponding jurisdiction finds that any provision of this Agreement or application 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. In performing the services required of it under this agreement, Service Provider and its employees pursuant to this Agreement shall conform with and be in full compliance with all applicable laws, rules, ordinances and regulations adopted or required by any federal, state, or local government.
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, or other labor disputes, or supplier failures. 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.
GOVERNING LAW. This Contract and Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Client hereby irrevocably submits to the jurisdiction of any Texas court sitting in Webb County; Texas over any suit, action or proceeding arising out of or relating to this liability waiver and indemnity agreement and to the maximum extent permitted by law, Client waives any right to trial by jury in any litigation or to have a jury participate in resolving any dispute arising out of or with respect to this Contract and Agreement.
Revised on 11/23/2016 by Eduardo G Martinez