1. Introduction
These Terms and Conditions (“Terms”) govern the relationship between ARK Solutions (“Service Provider”) and the property owner (“Client”) for maintenance services provided by the Service Provider as outlined in this Maintenance Contract. By signing the Maintenance Contract, the Client acknowledges acceptance of these Terms.
2. Scope of Services
The Service Provider agrees to provide maintenance inspections of the Client’s property (“Maintenance Services”). The scope of these Services are agreed individually with each client and includes:
- Conducting thorough inspections of the property.
- Providing a detailed report on the state of the property, including observations and any issues identified during inspections.
- Assigning a confidence index that reflects the overall condition of the property.
The exact services are to be agreed upon in a separate addendum when entering the Maintenance contract.
3. Reporting
Following each inspection, the Service Provider will deliver a report (“Maintenance Report”) to the Client that includes:
- A summary of the property’s condition.
- Specific observations and notes on any areas that may require attention or maintenance.
- A confidence index reflecting the overall state of the property.
4. Client’s Responsibilities
The Client agrees to:
- Review the Maintenance Reports in a timely manner.
- Consider all observations and suggested works presented by the Service Provider.
- Make all decisions regarding necessary repairs, maintenance, or any further action based on the provided reports.
5. Additional Work and Materials
- Any materials, repairs, or work required beyond the scope of the biweekly maintenance inspections are not included in the maintenance contract.
- Upon the request of the client, the Service Provider will provide separate quotes for any additional services or materials needed to perform needed work, which must be approved by the Client before any work is undertaken.
- Work rendered may be performed by specialists not affiliated with ARK Solutions. ARK Solutions can not issue warranties for such work and must be given by the specific service provider directly to the client.
- ARK Solutions will always attempt to receive the pre-approval for any work prior to commencement, however in case of critical emergency situations, such as fire, heavy water damage or any situation that may jeopardise the property and / or its contents, and whether during routine control or by requested responce, the client understands and pre-approves ARK Solutions to perform any work necessary to control damages.
6. Fees and Payment
- The Service Provider will charge a fixed fee for the Maintenance Services as outlined in the Maintenance Contract.
- Payment terms will be specified in the Maintenance Contract. Any additional work or materials will be invoiced separately upon acceptance of the provided quote.
7. Term and Termination
- This Maintenance Contract will commence on the date specified and will continue for a term of 1 year, and will automatically renew for an additional 1 year term unless terminated by either party with 1 month written notice before the automatic renewal.
- The Service Provider reserves the right to terminate the Maintenance Contract immediately for breach of these Terms by the Client or for non-payment of any fees due under this Agreement.
8. Liability
- The Service Provider shall not be liable for any damages or losses incurred by the Client or third parties as a result of the Client’s decisions based on the Maintenance Reports, nor for any issues that arise before or after Maintenance Services are provided, other than for works performed by the service provider.
- The Service Provider shall carry out services with reasonable skill and care but does not warrant the property’s condition after inspection or the effectiveness of any suggested works.
9. Confidentiality
Both parties agree to keep all information and reports confidential and to not disclose any details to third parties without prior written consent from the other party, unless required by law.
10. Amendments
The Service Provider reserves the right to amend these Terms at any time. Any amendments will be communicated to the Client in writing and shall be effective upon receipt by the Client.
12. Acceptance of Terms
By signing the Maintenance Contract, the Client affirms that they have read, understood, and agree to these Terms and Conditions.
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Please ensure that you have carefully read and understood the above information.
If you have any questions, we will be happy to answer them, and we look forward to working with you.
By accepting a quotation from us, you automatically accept these Terms & Conditions.
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Last revision of these Terms & Conditions 14.03.2023