GENERAL SERVICE AGREEMENT
Information and Benefits: The following information and benefits is what distinguishes us from other online providers.
Customer Description
Name, Address, Billing Address, Phone and Fax.
Description of Services/Equipment
In order to conserve space, the service-provider should create a table of items with summary descriptions and prices. The table should provide for a sub-total, sales taxes, if applicable and grand total.
Warranty Terms
If services or equipment is warranted, the terms of such warranty should be summarized on the front of the contract and detailed on the back.
Term
The term of the commitment should reflect the type of transaction being contemplated. For instance, if the service includes a rental of equipment, then the term generally requires a return within a relatively short period of time. However, if the contract is for services, the term may be substantially longer. This is especially true if such services are provided in conjunction with the sale or rental of goods and/or equipment.
Buyer's Right to Cancel
Many states have laws giving consumers a specific right to cancel certain contracts if the agreement was entered into under circumstances in which the state believes the consumer may have been at a bargaining disadvantage. Often, the state mandates that a written term be included in the contract at or near where the consumer signs in order to provide the consumer conspicuous notice of his/her rights under state law.
Scope of Work
The actual services and/or goods provided should be clearly described in order to prevent the inference by the consumer that additional work is included in the sale.
Limitation of Liability
A clear description of what the seller is and is not responsible for following services rendered should be included here. Except for express warranties specified in the agreement, if any, the service provider should disclaim all other implied warranties or oral representations.
Credit
If the service-provider will extend credit to the consumer in order to pay for services, there should be a separate provision detailing such terms and conditions. In addition, the provider should confirm the credit-worthiness of any prospective borrower by conducting a thorough credit check according to a credit application completed by the prospective borrower.
Severability
In the event any part, portion or provision or paragraph of this Agreement is declared void or invalid, the remaining portions of this Agreement are not affected and remain in full force and effect.
Mediation and Arbitration
Mediation and Arbitration should always specify a location in a convenient jurisdiction (preferably, in the same county where they run their business). Mediation is a non-binding way to settle the dispute quickly and amicably. If unable to settle in mediation, arbitration is first option available. Arbitration is the preferred alternative to litigation because of speed, cost, and ability to maintain low profile (no info is publicly available).
Governing Law
Always stipulate that the contract will be governed under the law and jurisdiction where business is conducted. Always make sure that venue and jurisdiction are convenient.
No Modification or Waiver
No modifications except those specifically agreed upon by the parties in writing. Any waiver of a term or provision will not act as a waiver of any other provision.
Entire Agreement
This agreement constitutes the entire agreement of the parties and may be modified only in a writing executed by both parties.
Notices
Notices should always list the current and best addresses where each party may contact the other for whatever reason.
Real Lawyers. Real People.
Spiegel & Utrera, P.A. : Affordable Agreements. Custom-Fit Contracts. Why do I need a Legal Contract or Agreement?
1840 Coral Way
4th Floor
Miami, FL 33145
Toll Free: (800) 603 - 3900
(305) 854-6000
Fax: (305) 857-3700
Natalia Utrera, Esq.,
Managing Attorney