AQUARIUM SERVICE AGREEMENT
Purpose of Document. This document is developed to set Client expectations, while defining a clear understanding of scope of work, Service, and responsibility. A Client may cancel this service agreement at will, with at least 48 hours or 2 days’ notice, and will not be held financially responsible for any future obligations. Annual renewal is required from the signing date.
- The Parties. This Service Agreement made on __________ is by and between:
Service Provider:
Reef Route Aquatics LLC
6065 Sedgeridge Avenue
Murfreesboro, TN. 37129
, and
Client:
_________________________
_________________________
_________________________
Service Provider and Client are each referred to herein as a “Party” and, collectively, as the “Parties.”
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, the Client hires the Service Provider to work under the terms and conditions hereby agreed upon by the Parties:
- Term. The term of this Service Agreement shall commence on __________ Appointments will be scheduled every ____ week(s) and terminate:
– At-Will: Written notice of at least 2 days’ notice.
– End Date: __________
– Other __________________________________________________________________
III. The Service. The Service Provider agrees to provide the following:
Service Provider shall provide regular scheduled services which includes __ __ visits at ____ hours every ____ week(s) based on the Service package. (Service Provider has a commitment window of 15 minutes +/- the scheduled time. All appointments are made using Google Calendar. Invitations are delivered via email.)
Please limit after-hours calls and emails to emergency situations. All after-hours calls, Text messages, and emails are subject to current published rates, as outlined in Section XI, Item b.
Service Package
- Water change (Up-to 20% total monthly or every4 weeks)
- Gravel Vacuuming. (If applicable)
- Full and thorough cleaning of algae from all aquarium glass/acrylic surfaces.
- Cleaning and or rinsing of readily accessible filters, sponges, and pads.
- Filter replacement (If supplied by customer or Reef Route Aquatics, Upon Request)
- Bacterial supplement (As Needed)
- Chemical media (If supplied by customer or Reef Route Aquatics, Upon Request)
- Advanced aquarium testing (Alkalinity, Calcium, Magnesium, Phosphate; Upon Request)
- One part trace element dosing. (If supplied by customer or Reef Route Aquatics, Upon Request)
- Simple aquarium testing (Ammonia, Nitrite, Nitrate, General Hardness)
- Visual check of equipment, air, and water flow
- Visual check of fish for headcount, disease, swimming, and breathing
- Cleaning protein skimmer (If applicable)
- Refilling of auto feeder (If supplied by customer or Reef Route Aquatics, Upon Request)
Hereinafter known as the “Service”
The Service Provider shall provide, while performing the Service, that he/she/they shall comply with the policies, standards, and regulations of the Client, including local, State, and Federal laws and to the best of their abilities.
- Payment Amount. The Client agrees to compensate the Service Provider for the services rendered under this Service Agreement for a term of one year. The specified Payment Amount covers only the provision of services and water. Any additional items, including but not limited to food, filters, filter media, advanced testing, equipment, or the dosing of solutions, chemicals, or trace elements, will incur additional charges, either upon the Client’s request or as recommended by the Service Provider.
__________/ per Service
__________/ Saltwater
__________/ RODI (Subject to change based on Client’s needs)
__________ TOTAL
Hereinafter known as the “Payment Amount”
- Payment Method. The Client shall pay the Payment Amount:
– Due upon receipt
– Net 15 Days
– Net 30 Days
– Net 60 Days
– Net 90 Days
- Returned Payment Policy: In the event of any checks or electronic transfers returned unpaid for any reason, the Client agrees to replace the returned payment with certified funds or a money order within 24 hours of notification.
- Returned Payment Charge: A fee of $100 per returned check or e-check will be applied.
By utilizing our services, the Client acknowledges and agrees to abide by the terms of this Returned Payment Policy. Please note that cash sales are not accepted. The Client shall make payments through the invoice system provided by the Installer.
Hereinafter known as the “Payment Method.” The Payment Amount and Payment Method collectively shall be referred to as “Compensation.”
- Late Payment Fee. Client agrees to pay an overdue payment fee up to10% of the total Payment or $30.00 after ___ days from Service date.
VII. Nonpayment. The Client agrees to pay all costs of collection, including attorney’s fees and costs of court, in addition to and not in lieu of Service Provider’s other damages, if Service Provider is forced to pursue collection against Client through probate, bankruptcy or other legal proceedings.
.
VIII. Retainer. This Agreement requires:
– A Retainer. Client agrees to pay a retainer in the amount of $25.00 a month to the Service Provider for Aquarium Monitoring Services. Upon activation, additional Emergency Service fees will apply at $150.00 for the first hour, and on the quarter hour after the first hour.
– Retainer is refundable.
– Retainer is non-refundable.
– No Retainer. The Client is not required to pay a retainer before the Service Provider is able to commence work.
- Inspection of Services. Any Compensation shall be subject to the Client inspecting the completed Services of the Service Provider. If any of the Services performed by the Service Provider pursuant to this Agreement are defective or incomplete, the Client shall have the right to notify the Service Provider, at which time the Service Provider shall promptly correct such work within a reasonable time.
- Return of Property. Upon the termination of this Agreement, all property provided by the Client, including, but not limited to, cleaning supplies, containers, equipment, livestock, and any other items must be returned by the Service Provider. Failure to do so may result in a delay in any final payment made by the Client.
Upon the termination of this Agreement, all property provided by the Service Provider, including, but not limited to, cleaning supplies, containers, equipment, livestock, and any other items must be returned by the Client. Failure to do so may result in additional payment amounts made by the Service Provider.
- Additional Rates and Fees. All Parties acknowledge that time is of the essence regarding the performance of all Services as indicated by Section III.
- Overage Labor Fee. Overage Labor is billed at a discounted rate of $50 per hour on extended visits, due to Client requests not listed in Section III. under Service Package. Prices are subject to change prior to Client notice.
- Fees for Non-Scheduled Maintenance, Afterhours or Emergency Service: Non-scheduled visits during normal business hours (7:30 a.m. – 6:30 p.m. CST, Monday through Friday) are billed at $150/hour per staff person needed for the first hour, and $75/hour per staff person needed for each additional hour. Prices are subject to change prior to Client notice.
- Service Provider is on call 24 hours a day, seven days a week. Service hours are 7:30 a.m. – 6:30 p.m. CST, Monday through Friday. Calls outside of normal operating hours will be billed at the Emergency visit rate of $150/hour per staff person needed for the first hour, and $75/hour per staff person needed for each additional hour. Prices are subject to change prior to Client notice.
- Off-Site Labor Policy. Texts, phone calls, and emails regarding scheduling services, placing orders, or asking billing questions will be returned within one business day. All other non-emergency communications, communications requesting a response within 24 hours, or excessive communications may be designated as off-site labor or consultations and considered billable. These will be billed at the same rates as listed above in Section XI, item b., for non-scheduled or after-hours service and added to your next invoice. Rates: Under 30 minutes bill at half an hour; over 30 minutes round up to the hour. Prices are subject to change prior to Client notice.
XII. Confidentiality. Service Provider acknowledges and agrees that all financial and accounting records, lists of property owned by Client, including amounts paid, therefore, client and customer lists, and any other data and information related to the Client’s business is confidential (“Confidential Information”). Therefore, except for disclosures required to be made to advance the business of the Client and information which is a matter of public record, Service Provider shall not, during the term of this Agreement or after its termination, disclose any Confidential Information for the benefit of the Service Provider or any other person, except with the prior written consent of the Client.
- Return of Documents. Service Provider acknowledges and agrees that all originals and copies of records, reports, documents, lists, plans, memoranda, notes, and other documentation related to the business of the Client containing Confidential Information shall be the sole and exclusive property of the Client and shall be returned to the Client upon termination of this Agreement or upon written request of the Client.
- Injunction. Client agrees that it would be difficult to measure damage to the Client’s business from any breach by the Service Provider under this Section; therefore, any monetary damages would be an inadequate remedy for such breach. Accordingly, the Service Provider agrees that if he/she/they should breach this Section, the Client shall be entitled to, in addition to all other remedies it may have at law or equity, to an injunction or other appropriate orders to restrain any such breach, without showing or proving actual damages sustained by the Client.
- No Release. Service Provider agrees that the termination of this Agreement shall not release him/her/they from the obligations in this Section.
XIII. Taxes. Service Provider shall pay and be solely responsible for all withholdings, including, but not limited to, Social Security, State unemployment, State and Federal income taxes, and any other obligations. In addition, Client shall pay all applicable sales or use taxes on the services provided and materials furnished or otherwise required by law in connection with the Services performed.
- Aquariums are considered Tangible Personal Property or (TPP) by the state of Tennessee, and all services, equipment, and materials are subject to sale tax in accordance with state law.
XIV. Independent Contractor Status. Service Provider acknowledges that he/she/they are an independent contractor and not an agent, partner, joint venture, nor an employee of the Client. The Service Provider shall have no authority to bind or otherwise obligate the Client in any manner, nor shall the Service Provider represent anyone that has a right to do so. The Service Provider further agrees that in the event the Client suffers any loss or damage because of a violation of this provision, the Service Provider shall indemnify and hold harmless the Client from any such loss or damage.
- Safety. Service Provider shall, at his/her/their own expense, be solely responsible for protecting its employees, sub-Service Providers, material suppliers, and all other persons from risk of death, injury or bodily harm arising from or in any way related to the Services or the site where it is being performed (“Work Site”). In addition, Service Provider agrees to act in accordance with the rules and regulations administered by federal law and OSHA. Service Provider shall be solely responsible and liable for any penalties, fines, or fees incurred.
XVI. Alcohol and Drugs. Service Provider agrees that the presence of alcohol and drugs are prohibited on the Work Site and while performing their Services. If the Service Provider or any of their agents, employees, or subcontractors are determined to be present or with alcohol or drugs in their possession, this Agreement shall terminate immediately.
XVII. Successors and Assigns. The provisions of this Agreement shall be binding upon and inured to the benefit of heirs, personal representatives, successors, and assigns of the Parties. Any provision hereof which imposes upon the Service Provider or Client an obligation after termination or expiration of this Agreement shall survive termination or expiration hereof and be binding upon the Service Provider or Client.
XVIII. Default. In the event of default under this Agreement, the defaulted Party shall reimburse the non-defaulting Party or Parties for all costs and expenses reasonably incurred by the non-defaulting Party or Parties in connection with the default, including, without limitation, attorney’s fees. Additionally, in the event a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing Party or Parties shall be reimbursed by the other Party for all costs and expenses incurred in connection with the suit or action, including, without limitation, reasonable attorney’s fees at the trial level and on appeal.
XIX. No Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a continuing waiver, and no waiver shall be binding unless executed in writing by the Party making the waiver.
- Governing Law. This Agreement shall be governed by and shall be construed in accordance with the laws in the State of Tennessee.
XXI. Severability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
XXII. Additional Terms & Conditions. Service Provider is responsible at the time of Service. Service Provider is not to be held responsible for leaks, aquarium damage, livestock, or any other defects or failures after Service is complete. The Client agrees to inspect all services performed before the Service Provider vacates the Client premises.
- The Client agrees to observe and comply with all posted rules and warnings and to follow any oral or written instructions or directions provided by Reef Route Aquatics or its employees, representatives, or agents. If the Client fails to adhere to these instructions, directions, rules, or warnings, the service provider reserves the right to terminate this agreement immediately.
XXIII. Cancellation Fees. The Client must provide a minimum of 48 hours’ notice prior to the scheduled service date to cancel the service. If the Client fails to provide the required 48-hour notice, the Client may be charged a cancellation fee of $35.00 or the full payment amount for the scheduled service. Similarly, if the Client is unavailable at the scheduled time of service, the Client may be charged a cancellation fee of $35.00 or the full payment amount.
Cancellations must be communicated via one of the following methods: leaving a voicemail at (615) 410-7038 or sending an email to [email protected]. No other forms of communication will be accepted. Rescheduling maintenance visits due to a cancellation will incur additional service fees.
A cancellation fee or a charge due to cancellation must be paid before any further appointments can be scheduled or rescheduled.
XXIV. Entire Agreement. This Agreement constitutes the entire agreement between the Parties to its subject matter and supersedes all prior contemporaneous agreements, representations, and understandings of the Parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all Parties.
IN WITNESS WHEREOF, the Parties hereto agree to the above terms and have caused this Agreement to be executed in their names by their duly authorized officers.
Client’s Signature_____________________________________________ Date: ___________
Print Name _________________________________
Service Provider’s Signature __________________________________ Date: ___________
Print Name _________________________________
