Real Estate Property Maintenance Service Agreement

I. The Parties

This Real Estate Property Maintenance Service Agreement ("Agreement") is made and entered into on [Month Day, Year] ("Effective Date") by and between [Your Company Name] ("Service Provider") with a primary place of business at [Your Company Address] and [Client's Name] ("Client") with a place of business at [Client's Address] collectively referred to as the ("Parties").

WHEREAS, the Service Provider is engaged in the business of providing property maintenance services and has the necessary expertise, personnel, and resources to provide such services;

WHEREAS, the Client owns and/or manages real estate properties and requires property maintenance services to ensure the upkeep, functionality, and value of such properties;

WHEREAS, the Client desires to engage the Service Provider to provide property maintenance services for the Client’s properties, and the Service Provider is willing to provide such services, subject to the terms and conditions set forth in this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

II. Service Terms

A. Scope of Services

1. General Responsibilities: The Service Provider will be responsible for providing comprehensive maintenance services to the Client’s real properties as specified in this Agreement. This includes ensuring that all properties are kept in good repair and are safe for use. The Service Provider will regularly inspect the properties to identify any potential issues and address them promptly.

   1.1. Inspections: Regular inspections of the properties will be conducted to identify any potential issues. These inspections will be thorough and will cover all aspects of the property.

   1.2. Issue Resolution: Any issues identified during the inspections will be addressed promptly. The Service Provider will have a team of skilled professionals on standby to handle any repairs or maintenance work that may be required.

   1.3. Safety: Ensuring the safety of the properties is a top priority. All work will be done in accordance with safety regulations and guidelines to ensure the safety of both the property and its occupants.

2. Specific Services: The scope of maintenance services will include, but will not be limited to, building repair, landscaping, plumbing, and electrical work. Each of these services will be performed by personnel who are skilled in these specific areas, ensuring high-quality work.

   2.1. Building Repair: This includes any necessary repairs to the structure of the buildings, such as fixing leaks, repairing damage, and maintaining the overall integrity of the buildings.

   2.2. Landscaping: The Service Provider will maintain the exterior of the properties, including lawns, gardens, and other outdoor spaces. This includes regular mowing, trimming, planting, and other necessary tasks.

   2.3. Plumbing and Electrical Work: Any necessary plumbing and electrical work will be handled by skilled professionals. This includes repairing leaks, fixing electrical issues, and ensuring that all plumbing and electrical systems are functioning properly.

3. Personnel: The Service Provider will ensure that all services are performed by skilled and experienced personnel. The Service Provider will provide ongoing training to its personnel to keep their skills up-to-date.

   3.1. Training: All personnel will receive regular training to ensure that their skills are up-to-date. This training will cover all aspects of property maintenance, including new techniques and technologies.

   3.2. Experience: The Service Provider will ensure that all personnel have the necessary experience to perform their duties effectively. This includes having experience in the specific services they will be providing.

   3.3. Professionalism: All personnel will conduct themselves in a professional manner. They will be respectful, punctual, and dedicated to providing high-quality service.

B. Quality Assurance

1. Standards: The Service Provider will adhere to industry standards and best practices in the execution of all maintenance services. The Service Provider will regularly review these standards and practices to ensure they are up-to-date.

   1.1. Industry Standards: The Service Provider will follow all relevant industry standards in the execution of their services. This includes standards related to safety, quality, and environmental impact.

   1.2. Best Practices: In addition to following industry standards, the Service Provider will also adhere to recognized best practices. This includes staying up-to-date with the latest techniques and technologies, and continuously looking for ways to improve their services.

   1.3. Continuous Improvement: The Service Provider is committed to continuous improvement. They will regularly review their practices and make any necessary changes to improve the quality of their services.

2. Inspections: The Service Provider will conduct regular inspections of the properties to identify any issues that need to be addressed. The Service Provider will provide the Client with reports detailing the results of these inspections.

   2.1. Regular Inspections: Inspections will be conducted on a regular basis to ensure that all properties are in good condition. These inspections will be thorough and will cover all aspects of the property.

   2.2. Reporting: After each inspection, the Service Provider will provide the Client with a detailed report. This report will include the findings of the inspection, any issues identified, and the steps taken to address these issues.

   2.3. Transparency: The Service Provider is committed to transparency. They will keep the Client informed about all aspects of the maintenance services, including any issues identified and the steps taken to address them.

3. Issue Resolution: The Service Provider will promptly address any issues or concerns raised by the Client regarding the quality of the services. The Service Provider will work closely with the Client to resolve these issues to the Client’s satisfaction.

   3.1. Prompt Response: If the Client raises any issues or concerns, the Service Provider will respond promptly. They understand the importance of addressing issues quickly to prevent them from escalating.

   3.2. Resolution Process: The Service Provider has a clear process in place for resolving issues. This includes investigating the issue, determining the best course of action, implementing the necessary changes, and monitoring the situation to ensure the issue is fully resolved.

   3.3. Client Satisfaction: The Service Provider is committed to client satisfaction. They will work closely with the Client to ensure that any issues are resolved to the Client’s satisfaction.

III. Payment

A. Payment Terms

1. Agreement: The Client agrees to pay the Service Provider an amount of [$50,000] per year. This amount has been agreed upon by both parties and reflects the value of the services to be provided.

2. Coverage: This amount will cover all services detailed in this Agreement and will be payable upon presentation of an invoice by the Service Provider. The invoice will provide a detailed breakdown of the services performed and the associated costs.

3. Non-Payment: The Service Provider reserves the right to halt services if invoices are not paid within [14] days of receipt. If services are halted, they will not resume until payment is received.

B. Invoicing

1. Detail: The Service Provider will provide the Client with detailed invoices for all services performed under this Agreement. Each invoice will clearly list the services performed, the date of service, and the total amount due.

2. Approval: The Client agrees to review and approve all invoices within a reasonable time frame. If the Client has any questions or concerns about an invoice, they should contact the Service Provider immediately.

3. Disputes: In the event of a dispute over an invoice, the Client and Service Provider agree to work together in good faith to resolve the dispute. The Service Provider is committed to providing excellent customer service and will make every effort to resolve any disputes to the Client’s satisfaction.

C. Late Payments

1. Late Payment: Any invoice not paid within [14] days of receipt will be considered late. The Service Provider understands that sometimes delays can occur and will work with the Client to resolve any issues that may prevent timely payment.

2. Interest: Late payments may be subject to an interest charge of [1.5]% per month. This interest rate is standard for the industry and is intended to encourage prompt payment.

3. Service Interruption: The Service Provider reserves the right to halt services until all outstanding invoices are paid in full. The Service Provider will provide the Client with advance notice before halting services.

IV. Terms and Termination

A. Agreement Duration

1. Commencement: This Agreement will commence on the date specified above. The Effective Date marks the beginning of the Service Provider’s responsibilities as outlined in this Agreement.

2. Continuation: The Agreement will continue in full force until it is terminated by either party. This ensures that the Service Provider’s services will be available for the duration of the Agreement unless otherwise terminated.

B. Termination Notice

1. Notice Requirement: Either party may terminate this Agreement with a written notice of [30] days. This allows both parties sufficient time to make necessary arrangements following the termination of the Agreement.

2. Notice Delivery: The termination notice must be delivered in writing and must clearly state the intention to terminate the Agreement. This ensures clear communication between both parties.

C. Early Termination

1. Termination without Cause: The Client may also terminate this Agreement without cause. This provides the Client with the flexibility to end the Agreement as needed.

2. Early Termination Fee: In the event of early termination without cause, the Client agrees to pay the Service Provider an early termination fee equal to [50]% of the unpaid balance for the Agreement’s remainder. This compensates the Service Provider for the potential loss of income due to the early termination.

V. Limitation of Liability

A. Liability Limitation

1. No Liability for Indirect Damages: Under no circumstances shall either the Service Provider or the Client, or any of their respective officers, directors, employees, agents, or insurers, be liable to the other party for any special, indirect, consequential, incidental or punitive damages. This protects both parties from being held responsible for damages that are not directly related to the Agreement.

2. Direct Damages: Both parties may be held liable for direct damages that result from their actions or inactions under this Agreement. These damages must be directly related to the Agreement and must be proven to have been caused by one party’s actions or inactions.

3. Maximum Liability: The maximum liability of either party under this Agreement shall not exceed the total amount paid by the Client to the Service Provider under this Agreement. This limits the financial risk for both parties.

B. Liability Exceptions

1. Gross Negligence or Willful Misconduct: The limitations of liability do not apply in cases of gross negligence or willful misconduct. If either party is found to have acted with gross negligence or willful misconduct, they may be held liable for damages beyond the limitations set out in this Agreement.

2. Breach of Agreement: If either party breaches the terms of this Agreement, the limitations of liability may not apply. The breaching party may be held liable for damages resulting from the breach.

3. Legal Requirements: The limitations of liability are subject to any applicable laws or regulations. If a law or regulation requires a different limitation of liability, that law or regulation will take precedence.

VI. Confidentiality

A. Confidential Information

1. Definition: Confidential information refers to any information relating to this Agreement that is not publicly available. This includes, but is not limited to, the terms of the Agreement, the services provided, and any data or information shared between the parties.

   1.1. Terms of Agreement: The specific terms and conditions of this Agreement, including the scope of services, payment terms, and termination clauses, are considered confidential information.

   1.2. Services Provided: Any information about the services provided under this Agreement, including the methods, techniques, and personnel involved, is considered confidential information.

   1.3. Shared Data: Any data or information that the parties share with each other in the course of executing this Agreement is considered confidential information.

2. Protection: Both parties agree to take reasonable measures to protect the confidentiality of the information. This includes storing the information securely and limiting access to only those who need to know the information.

   2.1. Secure Storage: Both parties will store the confidential information in a secure manner, using appropriate security measures such as encryption and password protection.

   2.2. Limited Access: Access to the confidential information will be limited to only those individuals who need to know the information for the purpose of executing this Agreement.

3. Non-Disclosure: Neither party will disclose any confidential information to any third party without the prior written consent of the other party. This ensures that the information is kept confidential and is not shared without permission.

   3.1. Third Parties: Confidential information will not be shared with any third parties, unless such sharing is necessary for the execution of this Agreement and is done with the prior written consent of the other party.

   3.2. Written Consent: Any sharing of confidential information with third parties will require the prior written consent of the other party. This consent must be explicit and must specify what information can be shared and with whom.

B. Term of Confidentiality

1. During the Agreement: Both parties agree to keep all information relating to this Agreement confidential during the term of this Agreement. This means that while the Agreement is in effect, neither party will share any confidential information.

   1.1. Active Protection: During the term of the Agreement, both parties will actively protect the confidential information from unauthorized disclosure.

   1.2. No Unauthorized Sharing: Neither party will share any confidential information with any third parties, unless such sharing is necessary for the execution of this Agreement and is done with the prior written consent of the other party.

2. After the Agreement: The obligation to keep the information confidential extends beyond the term of this Agreement. Even after the Agreement has ended, neither party will share any confidential information.

   2.1. Continued Protection: After the term of the Agreement, both parties will continue to protect the confidential information from unauthorized disclosure.

   2.2. No Sharing: Neither party will share any confidential information after the term of the Agreement, unless such sharing is required by law or is done with the prior written consent of the other party.

VII. Governing Law

A. Applicable Law

1. Governing Law: This Agreement and any disputes arising out of or in connection with it will be governed by the laws of [State Name]. This means that the laws of [State Name] will be used to interpret the Agreement and resolve any disputes.

2. Consistency with Law: All terms and conditions of this Agreement must be consistent with the laws of [State Name]. If any term or condition of this Agreement is found to be inconsistent with the law, it will be modified to make it consistent.

B. Jurisdiction

1. Court Jurisdiction: The courts of [State Name] will have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement. This means that any legal action related to this Agreement must be brought in [State Name].

2. Submission to Jurisdiction: Both parties agree to submit to the jurisdiction of the courts of [State Name]. This means that both parties agree to abide by the decisions of the courts of [State Name].

VIII. Signatures

By signing below, the parties confirm that they have read, understood, and agree to the terms of this Agreement.

Service Provider

[Authorized Representative Name]

[Your Company Name]

Date: [Month Day, Year]

Client

[Client's Name]

Date: [Month Day, Year]

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