Metropolitan Total Property, Inc
General Policies & Procedures
Customer / Owner
A Customer / Owner for the purpose of this Agreement is the person ordering a service(s) either by written contract, verbal phone order or online request to be done at the property address they provide. If the Customer is not the property owner they are an authorized agent and/or accept financial responsibility for any order they place. The Customer / Owner understands that they are responsible for reviewing Policies & Procedures prior to placing any order.
Contractor and Customer / Owner understand and agree that due to the nature of the service(s) offered it is not reasonable or timely to require an official contract with personal signatures and waives this formality. Customer / Owner understand and accepts that they were informed of policies prior to ordering or had the opportunity to review online or request a copy be sent to them before ordering any service. Customer / Owner acknowledges that it is their responsibility to understand all terms prior to placing any order. By placing an order Customer / Owner agrees to all terms of this Agreement. All such work, wherever or whenever performed, shall be subject to the terms and conditions of this Agreement.
Execution of Work
All work described in the Order Confirmation, shall be performed in accordance with, and subject to, the terms and conditions of this Agreement. Contractor agrees to furnish all labor, materials, skill, supervision, equipment, supplies and all other things necessary or incidentally required to perform and complete, in strict accordance with the applicable descriptions, the items set forth in the Agreement, including changes thereto (hereinafter referred to as “Work”). It is the intention of the Agreement to provide for the entire performance and completion of the Work. It will be the responsibility of the Contractor to familiarize itself with the documents relating to the Work to be performed, specifically including applicable plans and specifications.
Any changes to the scope of work or unforeseen difficulties or complications related to the work being done may delay the completion of work but the Customer / Owner will be alerted should the expected completion date change.
Contractor shall perform all services diligently and in a good, professional and first class manner, using good quality materials, equipment and workmanship and sufficiently trained personnel to complete the services in a safe and timely manner which does not unduly interfere with the operation of the property or other contactors working onsite.
Contractor will do its best to keep Customer / Owner thoroughly informed as to the progress of the work should work to be delayed for any reason.
Contractor shall be an independent contractor, and all persons working under the direction of Contractor shall be employees of Contractor and not of Customer / Owner. Contractor and not Customer / Owner shall be liable for the payment of their wages, benefits and all taxes with respect thereto and Contractor shall comply with all applicable federal, state and local laws, regulations, codes, rules and ordinances with respect to (a) the hiring, employment, compensation, health and safety of employees and (b) the environment.
Payment is due when services are performed or if a service(s) is ordered that requires pre-payment to receive a discount then payment is due at time of order. All payment obligations are non-cancelable and all amounts paid are non-refundable even if service(s) are cancelled.
Forms of accepted payment are: Check, Money Order, Visa, Master Car, Discover and American Express
An invoice will be emailed upon completion of any service that was not pre-paid. Payment for that service must be received no later than 10 days following the service date. If payment is not received within that 10 day period an 8% delinquency fee will be applied and will be charged again every 30 days after that at the rate of eight percent (8%) per month, or the maximum legal rate, if less.
If an account remains unpaid for 60 days or if a credit card payment is disputed or if a check is returned due to non-sufficient funds the account will accrue late fees as though the account is unpaid and be charged accordingly, return check or dispute fees in the amount of $35.00 will be charged, all discounts will be forfeited causing the balance due to be recalculated, collection fees of 40% of total amount due or $100.00 whichever is greater will be added and the account will be sent to collections. If the collection company is not able to receive payment legal action will be taken to collect payment. Arbitration will not be an option to resolve non-payment issues. The owner will be responsible for all legal fees and any fees incurred in the attempt to collect payment.
We realize that from time to time things are overlooked and appointments must be cancelled. We will do our best to accommodate your needs and ask that you help us to maintain our level of service to our other customers by making all cancellation requests by 5:00 pm the day prior to the scheduled date of service. This will help us to manage our schedule so that we can avoid charging you any cancellation fees.
1) If cancellation notification is received after 5:00pm the day prior to the scheduled date of service, you may be billed a $20.00 cancellation fee.
2) If cancellation notification is received by 7:00am the day service is scheduled you may be billed a $35.00 cancellation fee.
3) If cancellation notification is received by 9:00am the day service is scheduled you may be billed a $50.00 cancellation fee.
4) If we complete the requested work prior to your cancellation call or email, full payment is required for any servicesthat were completed as a part of the original order.
5) If we arrive to provide a service that requires that the customer be home and you are not available for that appointment as scheduled a missed appointment fee of $65 will be assessed.
There are no cash or credit refunds. All qualified refunds will be applied to your account (tied to address) as a credit to be applied to future services.
These Terms constitute the entire agreement between Customer / Owner and Contractor regarding the use of the Contractors Services. The Contractors failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to the Contractor is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated or otherwise transferred by you without the Contractor’s prior written consent, and any attempted assignment, subcontract delegation or transfer in violation of the foregoing will be null and void. The terms and conditions set forth in these Terms shall be binding upon assignees.
To the fullest extent permitted by law, the Customer / Owner shall indemnify and hold harmless the Contractor and its agents and employees from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work provided that such claim damage, loss or expense is attributable to bodily injury, sickness, disease, or death, or a physical injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom but only to the extent caused in whole or in part by negligent acts or omissions of the Subcontractor, anyone directly or indirectly employed by it or anyone for whose acts they may be liable regardless of whether or not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person describe.
The Contractor is adequately insured with Liability and Workmen’s Compensation Insurance
The Contractor and Customer / Owner waive all rights against each other and any of their subcontractors, agents, material suppliers, each of the other for damages caused by fire or other perils to the extent covered by property insurance.
Use of Contractor’s, Customers / Owners, or Other Subcontractor’s Equipment
Should Contractor or its employees use any of Customer’s / Owner’s or any other Subcontractor’s equipment or other facilities it is understood and agreed that such use shall be at the sole risk of the user and the user agrees to indemnify and hold harmless all parties against any loss arising out of the use thereof and does assume full responsibility for any and all loss, cost, expense, damage or injury including attorneys’ fees relating to such use.
Should Customer / Owner use any of the Contractor’s or any other Subcontractor’s equipment or other facilities it is understood and agreed that such use shall be at the sole risk of the user and the user agrees to indemnify and hold harmless all parties against any loss arising out of the use thereof and does assume full responsibility for any and all loss, cost, expense, damage or injury including attorneys’ fees relating to such use.
Governing Law & Consent to Jurisdiction
The parties agree that in the event of any legal action arising out of or in consequence of the performance or nonperformance of the provisions of the Agreement, all costs thereof, including reasonable attorneys’ fees shall be borne by the non-prevailing party. The parties agree that in the event a legal action occurs, which legal action arises out ofor as a consequence of or the performance or nonperformance of the provisions of the Agreement, the laws of the State of Colorado as defined by statute, case law or ordinance shall be used in the interpretation, construction and application of this Agreement.
If you provide the Contractor with any feedback or suggestions regarding the Service, Employees, Agreement (“Feedback”), you hereby assign to the Contractor all rights in such Feedback and agree that the Contractor shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Contractor will treat any Feedback you provide to them as non-confidential and non-proprietary. You agree that you will not submit to the Contractor any information or ideas that you consider to be confidential or proprietary.
Other Agreements and Section Headings
There are no understandings or agreements except as herein stated. Section headings identifying paragraphs herein are for purposes of convenience only and shall not affect the meaning or interpretation of this Agreement.