Terms of Service
Farina Exterior Maintenance
Snow Removal Services Terms and Conditions
1. Acceptance of Terms
By engaging Farina Exterior Maintenance (“Company”) for snow removal services (“Services”), you (“Client”) agree to these Terms and Conditions in their entirety. This agreement constitutes a binding contract between the Client and the Company.
2. Services Provided
– Scope of Work: The Company agrees to perform snow removal services at the Client’s property as specified in the service agreement. Services include clearing of driveways, walkways, sidewalks, and other designated areas as agreed upon.
– Service Initiation: Services will commence when snowfall accumulation reaches a predetermined depth of 0 inches or 1 inch, as agreed upon between the Client and the Company.
3. Payment Terms
– Invoices and Due Dates: Payment is due within fourteen (14) days of receiving the invoice. Payments not received within this period are considered delinquent.
– Delinquent Accounts: Accounts overdue by twenty-one (21) days or more will result in suspension of Services until the account is paid in full.
– Returned Payments: A $25.00 administrative fee will be charged for any returned checks or failed electronic payments due to insufficient funds or other banking issues.
– Accepted Payment Methods: The Company accepts Check, Bank Bill Pay, Zelle Transfer, ACH Transfer, Venmo, and e-check. Clients can access the **Client Hub** to review payment history and manage invoices.
4. Cancellation Policy
– Advance Notice Required: The Client must provide at least twenty-four (24) hours’ written notice via email to FarinaMaintenance@Gmail.com to cancel any Service.
– Repeated Cancellations: If the Client cancels Services three (3) times within a season, the Company reserves the right to terminate this agreement and discontinue all Services.
– Liability for Late Cancellations: Cancellations made without the required notice may be billed at the full Service rate.
5. Timing of Service
– Service Schedule: The Company will make reasonable efforts to clear the Client’s property before morning and evening commutes. However, due to unpredictable weather conditions, specific completion times cannot be guaranteed.
– Post-Storm Service: The Company aims to clear the property within six (6) hours after the snowfall ends, subject to weather conditions and route availability.
6. Snowfall Totals and Service Determination
– Certified Snowfall Totals: The Company utilizes Weather Works Inc., a third-party service, to determine official snowfall totals in your area.
– Company Discretion: The Company reserves the right to determine when Services are necessary based on actual conditions at the Client’s property, which may differ from general area reports.
7. Liability and Indemnification
– Slip and Fall Liability: The Client acknowledges that snow and ice may create hazardous conditions, and the Company cannot guarantee completely ice-free surfaces. The Client assumes all responsibility and liability for slip and fall accidents or injuries occurring on the property.
– Property Damage: The Company is not liable for damages to property that are not clearly visible or properly marked, including but not limited to landscaping, hardscaping, lighting fixtures, or decorative items.
– Surface Conditions: The Company does not guarantee “bare pavement” after snow removal. Slippery conditions may persist, and the Client is responsible for applying additional treatments as necessary.
– Indemnification: The Client agrees to indemnify, defend, and hold harmless the Company, its officers, employees, and agents from any claims, liabilities, damages, or expenses arising out of or in connection with the Services provided, except to the extent caused by the Company’s gross negligence or willful misconduct.
8. Client Responsibilities
– Site Accessibility: The Client must ensure that all areas to be serviced are accessible and free of obstacles, including vehicles, trash bins, and personal items.
– Visibility and Marking: The Client is responsible for marking any hidden obstacles or hazards (e.g., curbs, landscaping features, decorative items) that may be obscured by snow.
– Snow Storage: The Client acknowledges that snow will be stored on-site in designated areas agreed upon prior to Services commencing. Excessive accumulation may reduce available space. Snow relocation within the property or removal from the property is not included unless specified in the service agreement.
9. Additional Services
– De-Icing and Treatments: Upon request, the Company can apply de-icing materials. If the Client prefers pet-friendly or specific types of de-icing products, they must supply these materials to the Company prior to service.
10. Termination
– Termination by Client: The Client may terminate this agreement at any time with written notice to FarinaMaintenance@Gmail.com. All outstanding balances for Services rendered up to the termination date are due immediately.
– Termination by Company: The Company reserves the right to terminate this agreement for any reason, including but not limited to non-payment, breach of terms, unsafe conditions, or repeated cancellations.
11. Force Majeure
– Uncontrollable Events: The Company is not liable for delays or failure to perform Services due to events beyond its control, including but not limited to extreme weather, equipment failure, labor shortages, or governmental actions.
12. Insurance
– Coverage: The Company maintains general liability insurance and workers’ compensation insurance as required by law. Proof of insurance can be provided upon request.
13. Communication
– Contact Information: All communications, including inquiries, quotes, cancellations, and billing questions, should be directed to FarinaMaintenance@Gmail.com. This email address will be used for all formal communications and notifications.
14. Entire Agreement
– Complete Understanding: These Terms and Conditions constitute the entire agreement between the Client and the Company, superseding all prior discussions, agreements, or understandings, whether written or oral.
– Amendments: Any amendments or modifications to this agreement must be in writing and signed by both the Client and an authorized representative of the Company.
15. Assignment
– Transfer of Agreement: This agreement may not be assigned or transferred by the Client without the prior written consent of the Company. If the Client sells the property, the new owner must enter into a new agreement with the Company.
16. Client Acknowledgment
By engaging Farina Exterior Maintenance for snow removal Services, the Client acknowledges that they have read, understood, and agree to these Terms and Conditions. The Client further acknowledges that they have had the opportunity to consult with legal counsel before agreeing to these terms.
Disclaimer
This document is intended to outline the general terms of service between the Company and the Client. It is recommended that the Client review this agreement with legal counsel to ensure it meets all legal requirements and adequately protects their interests.
Contact Information
Farina Exterior Maintenance
Email: FarinaMaintenance@Gmail.com
Phone: 617-690-7444