Maintenance Contract Agreement
I. Introduction
This Maintenance Contract Agreement (“Agreement”) is entered into on this 5th day of March, 2050, by and between:
[Your Company Name], a corporation registered under the laws of the State of Florida, with its principal office located at [Your Company Address], represented by [Your Name], Maintenance Director ("Service Provider").
MindStove, a corporation registered under the laws of the State of Florida, with its principal office located at Jacksonville, FL 32099, represented by Malcolm Raynor, CEO ("Client").
The parties hereby agree as follows:
II. Scope of Services
1. Maintenance Services
Service Provider agrees to provide maintenance services for the Client’s property located at Jacksonville, FL 32099. The services will include, but are not limited to, the following:
Routine Inspections: Monthly inspection of HVAC systems, electrical systems, plumbing, and overall building structure.
Repairs: Timely repair of any malfunctioning equipment or infrastructure, including electrical systems, plumbing fixtures, and HVAC units.
Cleaning Services: Regular cleaning of common areas, including lobbies, restrooms, and hallways.
Emergency Services: Availability for emergency maintenance requests 24/7 with response times not exceeding 2 hours for urgent issues.
Service Provider will perform all maintenance services in a professional manner, in compliance with industry standards and applicable local regulations.
2. Excluded Services
The following services are excluded from the scope of this Agreement and will require separate agreements:
Renovations or major alterations to the property.
Replacement of obsolete or non-functional systems.
External services like landscaping and parking lot maintenance.
III. Term and Termination
1. Term
This Agreement will commence on 5th March, 2050, and will continue for a period of 12 months, expiring on 5th March, 2051, unless earlier terminated by either party as provided in this Agreement.
2. Termination for Convenience
Either party may terminate this Agreement with 30 days’ written notice. In the event of termination, the Client shall pay for all services rendered up to the termination date, and the Service Provider will cease providing services.
3. Termination for Breach
If either party breaches any material provision of this Agreement, the non-breaching party may terminate the Agreement by providing 15 days’ written notice. The notice will specify the nature of the breach and allow the breaching party time to cure the issue within the 15-day period.
IV. Compensation and Payment Terms
1. Fees
Client agrees to compensate Service Provider as follows:
Monthly Service Fee: $3,000 per month, payable in advance, covering all routine maintenance and inspections.
Emergency Services: An additional charge of $150 per hour for emergency services outside regular working hours.
Repair Costs: The Client will be responsible for the cost of parts and materials for repairs that are beyond standard maintenance.
2. Payment Schedule
Invoices will be issued on the 1st day of each month for the monthly service fee. Emergency services and repairs will be invoiced separately, within 10 days of the completion of the service. All payments are due within 15 days of the invoice date. A late fee of 5% will be applied to any overdue payments.
V. Responsibilities of the Parties
1. Service Provider’s Responsibilities
Perform maintenance as scheduled and agreed.
Ensure that all maintenance activities are carried out by qualified personnel.
Report property condition and maintenance needs to client in writing.
Promptly address emergency maintenance requests as per the Agreement.
2. Client’s Responsibilities
Ensure access to the property for maintenance activities.
Report property issues to Service Provider promptly.
Pay the agreed fees promptly and according to the payment schedule.
Maintain adequate insurance coverage for the property.
VI. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of this Agreement, including but not limited to business operations, property-related information, and maintenance reports. This obligation shall remain in effect for 2 years after the termination or expiration of this Agreement.
VII. Limitation of Liability
Service Provider’s liability for any claims arising out of or relating to the performance of this Agreement shall be limited to the total amount paid by the Client to the Service Provider under this Agreement. In no event shall either party be liable for consequential, incidental, or punitive damages.
VIII. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any disputes arising under or in connection with this Agreement shall be resolved in the courts located in Jacksonville, Florida.
IX. Force Majeure
Neither party shall be held liable for failure to perform any of its obligations under this Agreement if such failure is due to an event beyond the party's reasonable control, including but not limited to acts of nature, strikes, or government regulations.
X. Miscellaneous Provisions
1. Entire Agreement
This Agreement constitutes the entire understanding between the parties with respect to the maintenance services and supersedes all prior discussions, agreements, or understandings, whether written or oral.
2. Amendments
Any amendments or modifications to this Agreement must be made in writing and signed by both parties.
3. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
XI. Signatures
IN WITNESS WHEREOF, the parties have executed this Agreement as of the 5th day of March, 2050.
[Your Company Name]
[Your Name], Maintenance Director
Date: 5th March, 2050
MindStove
Malcolm Raynor, CEO
Date: 5th March, 2050
For any inquiries, please contact [Your Name] at [Your Email] or reach out to [Your Company Name] at [Your Company Email].
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