Service Agreement
READ THIS AGREEMENT CAREFULLY BEFORE USING ANY DFW TIMESAVERS SERVICE.
Hours of Operation
*Office hours are Monday through Friday 6pm-10pm.
Saturday and Sunday 8am-10pm.
*For after-hours emergencies, please call our office number, 817-235-0873. We
will answer your request as quickly as our schedule allows.
*We attempt to complete errands within 24 hours of processing a request. We will
notify you if a request will take longer.
Services
*We request that you try to provide at least 24
hours notice for all requests. We will always do our best to fulfill requests
for service as soon as possible, on a first come, first served basis.
*DFW TimeSavers reserves the right to refuse any business it feels is unsafe and
unsuitable for its employees.
*DFW TimeSavers reserves the right to make all final decisions on services and
related costs.
*DFW TimeSavers provides services to residents of Tarrant County.
Payment
*Payment is due upon completion of errand or
service. We accept cash or check (no starter checks, please).
*All additional service charges incurred such as dry cleaning, groceries, or
theatre tickets will need a deposit before services are begun. All charges
incurred will be due in full upon completion of service. Any purchases over $50
will require a full deposit prior to service being started.
*See below for additional information regarding payments, invoicing, and all
other terms and conditions.
1. Interpretation & General
1.1 In these
conditions: "Client" means the person, firm, company or organization for whom
DFW TimeSavers has agreed to provide the Services in accordance with these
conditions; "Contract" means the Contract for the provision of Services which
shall be governed by these conditions; "Services" means the Services to be
provided by DFW TimeSavers to or for the Client; "Charge" means the Charge
payable by the Client to DFW TimeSavers as notified by DFW TimeSavers.
1.2 DFW TimeSavers shall be entitled to alter and vary these conditions from
time to time on reasonable written notice to the Client without any liability to
the Client.
1.3 DFW TimeSavers' normal hours are Monday through Friday 6pm - 10pm; Saturday
and Sunday 8am-10pm. Where DFW TimeSavers is required to provide Services
outside these hours, DFW TimeSavers shall be entitled to Charge for its Services
at a higher hourly rate, as the same shall be notified to the Client in writing
from time to time.
1.4 The Client is required to provide DFW TimeSavers with a password for
identity verification. Both DFW TimeSavers and the Client will keep any such
password confidential.
2.
Supply of Services
2.1 DFW
TimeSavers shall provide the Services to the Client subject to these Conditions
or such other conditions as may be agreed in writing between DFW TimeSavers and
the Client
2.2 DFW TimeSavers reserves the right to refuse to supply Services if, in the
opinion of DFW TimeSavers, the Services are to be used by the Client for any
immoral or unlawful purpose.
2.3 DFW TimeSavers shall inform the Client from time to time of the type and
nature of services which DFW TimeSavers offers or is capable of dealing but
shall not be liable to the Client in the event that a request made of DFW
TimeSavers is not capable of fulfillment by them.
2.4 DFW TimeSavers shall, within an agreed reasonable period of time, use
reasonable endeavors to provide services in response to the Clients requests. If
DFW TimeSavers is unable to deal with any requests, it will inform the Client as
soon as reasonably possible.
3.
Payments and Invoicing
3.1 Subject
to any special terms agreed, the Client shall pay DFW TimeSavers the Charge and
any additional sums agreed between DFW TimeSavers and the Client for the
provision of the Services.
3.2 DFW TimeSavers shall be entitled to vary the Charge from time to time on
written notice to the Client.
3.3 DFW TimeSavers shall be entitled to invoice the Client immediately upon
completion of the services or at other times agreed with the Client. DFW
TimeSavers shall also be entitled to require payment prior to performance of
certain services offered.
3.4 The Charge and any additional sum due shall be paid by the Client (without
any set off, counterclaim or other deduction) in advance or within Fifteen (15)
days of DFW TimeSavers' invoice date.
3.5 A 5% monthly service charge is payable on all overdue balances. DFW
TimeSavers shall be entitled to recover attorneys fees, costs and interest
resulting from litigation or other attempts to collect payment.
4. Additional Client Responsibilities
4.1 Services
provided by DFW TimeSavers are provided expressly for the Clients and the
Clients shall not use the Services for any improper, immoral, unlawful or any
other purpose other than that for which the Client informs DFW TimeSavers at the
time of the initial request.
4.2 If the Client should request that DFW TimeSavers use the Client's credit
card and/or other credit facilities for the purpose of rendering Services, the
Client shall, promptly and upon request, provide written confirmation of its
authorization (in such form as DFW TimeSavers shall request) for DFW TimeSavers
to use any such credit facility. The Client acknowledges and agrees that DFW
TimeSavers shall have no liability or be responsible in any way whatsoever in
respect of the use of the Clients credit card and /or other credit card
facilities provided that DFW TimeSavers acts in accordance with the instructions
issued by the Client in relation thereto.
5. Termination
5.1 When the
Client has entered into an agreement of duration longer than one calendar month,
either DFW TimeSavers or the Client shall be entitled to terminate the Contract
for the provision of all or any of the Services on 15 days written notice to the
other.
5.2 Without prejudice to any other accrued rights and remedies available, DFW
TimeSavers shall have the right to terminate the Contract for the provision of
all or any of the Services forthwith upon written notice if:
5.2.1 The Client commits a breach of these conditions, such as non-payment, or,
in the case of a breach capable of remedy, fails to remedy such breach within 7
days of written notice from DFW TimeSavers to so remedy; or
5.2.2 The Client goes bankrupt or turns insolvent or makes voluntary arrangement
with any of its creditors or has an order made against any of its effects or
property.
5.3 On termination for any reason whatever, the Client shall immediately make
payment to DFW TimeSavers of all and any sums outstanding and owing to DFW
TimeSavers under these conditions (including the Charge or any outstanding
balance) and DFW TimeSavers shall provide information and suggestions in
response to all outstanding requests made by the Client prior to termination.
5.4 On termination of the Contract pursuant to clauses 5.1 and 5.2 above, the
Client shall not be entitled to refund of the Charge.
6.
Warranties and Limitation of Liability
6.1 NEITHER
DFW TIMESAVERS NOR ANY OF DFW TIMESAVERS' EMPLOYEES OR AGENTS SHALL BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL
DAMAGES OF ANY NATURE WHATSOEVER OR INTEREST THERETO ARISING IN CONNECTION WITH
OR OTHERWISE RELATING TO THE SERVICES OR GOODS TO BE PROVIDED BY DFW TIMESAVERS
HEREUNDER EVEN IF DFW TIMESAVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, TO THE FULL EXTENT ALL SUCH DAMAGES CAN BE DISCLAIMED BY LAW. THIS
LIMITATION OF LIABILITY IS EXPRESSLY INTENDED TO APPLY TO ALL TYPES OF DAMAGES
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR A LOSS OF PROFITS, LOSS OF BUSINESS
OPPORTUNITY, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, ANY LOSS, DFW
TIMESAVERS' NEGLIGENCE, OR OTHERWISE.
6.2 DFW TimeSavers warrants to the Client that DFW TimeSavers shall use
reasonable endeavors to provide the Services using reasonable care and skill
and, as far as reasonably possible, in accordance with the Client's requests and
instructions. Where DFW TimeSavers supplies the Client with any goods or
Services supplied by a third party, DFW TimeSavers does not give any warranty,
guarantee, representation or other terms as to the quality, merchantability,
fitness for a particular use or otherwise of the goods or Services and the
Client shall be required to seek compensation for any loss or damage suffered
from such third party direct. DFW TimeSavers does not and will not provide any
representations or recommendations in relation to any of the information and
suggestions comprised within the Services and the Client is deemed to be
responsible for, and shall use its own skill and judgment as to the quality,
value and suitability of any such information and suggestions and in relation to
deciding whether to enter into any Contract with any third party for the supply
of Services or sale of goods.
6.3 DFW TimeSavers shall not be liable or be deemed to be in breach of the
Contract by reason of any delay in performing, or any failure, any of DFW
TimeSavers' obligations in relation to the Services, if the delay or failure was
due to any cause beyond DFW TimeSavers' reasonable control.
6.4 Subject to the provisions of this clause 6, DFW TimeSavers' maximum
liability to the Client for breach of any of its obligations hereunder shall be
limited to the value of the Charge (provided that the Charge has at such time
been paid by the Client in full). In no event shall the total aggregate
liability for DFW TimeSavers exceed the amounts paid by Client for the products
or services.
7.
Website Use
7.1 This
section governs your (the "User" or "You") use of this Web Site provided by DFW
TimeSavers. Your use of the Web Site after such changes are implemented
constitutes your acceptance of the changes.
7.2 User has a nonexclusive, nontransferable, limited, and revocable right to
use the Web Site solely for User's personal informational use. User will not use
the Web Site for any other purpose, including any commercial purpose, without
DFW TimeSavers' express prior written consent.
7.3 Proprietary Information. User acknowledges and agrees that the content
accessible within the Web Site, including all trademarks, logos and text, is the
proprietary information of DFW TimeSavers and DFW TimeSavers retains all right,
title, and interest in the Content.
8. General
8.1 These
conditions (together with any other terms and conditions agreed in writing
between DFW TimeSavers and the Clients from time to time) constitute the entire
agreement between the parties, supersede any previous agreement or understanding
and may not be varied except on notice from DFW TimeSavers. All other terms and
conditions express or implied by a statute or otherwise are excluded to the
fullest extents permitted by Law.
8.2 Any notice required or permitted to be given by either party to the other
under these conditions shall be in writing addressed to the other party at it's
registered office or principal place of business or residential address (as the
case may be) or such other address as may at the relevant time have been
notified pursuant to the provision to the party giving notice. Any notice may be
sent by first class post facsimile transmission or email and notice shall be
deemed to have been served on the expiry of 48 hours in the case of post or at
the time of transmission in the case of facsimile or email transmission.
8.3 No failure or delay by DFW TimeSavers in exercising any of its rights under
the Contract shall be deemed to be a waiver of that right, and no waiver by DFW
TimeSavers of any breach of the Contract by the Client shall be considered as a
waiver of any subsequent breach of the same or any other provision.
8.4 If any provision of these conditions is held by any competent authority to
be invalid or unenforceable in whole or in parts, the validity of the other
provisions of these conditions will still stand.
8.5 These conditions and the Contract to which they relate shall be governed and
construed in accordance with the laws of the State of Texas and the parties
shall submit to the exclusive jurisdiction and venue of the Circuit or County
Court of Tarrant County, Texas.