Cafe Service Contract
Cafe Service Contract
This Cafe Service Contract (the "Contract") is entered into as of [Date] (the "Effective Date"), by and between [Your Company Name], with its principal place of business at [Your Company Address] ("Cafe"), and [Service Provider Name], with its principal place of business at [Service Provider Address] ("Service Provider"). This Contract sets forth the terms and conditions under which the Service Provider will provide certain services to the Cafe.
I. Scope of Services
A. Description of Services: The Service Provider agrees to provide the following services to the Cafe:
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Daily cleaning of the cafe premises, including floors, tables, restrooms, and kitchen.
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Weekly deep cleaning, including equipment and fixtures.
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Monthly maintenance of kitchen appliances and plumbing systems.
B. Service Standards: The Service Provider will ensure that all services are performed to the highest standards of quality and in accordance with all applicable health and safety regulations.
C. Additional Services: Any additional services requested by the Cafe will be subject to mutual agreement and may incur additional charges. Such services will be documented and agreed upon in writing.
II. Term and Termination
A. Contract Duration: This Contract will commence on the Effective Date and will continue for a period of one (1) year unless terminated earlier in accordance with this Contract.
B. Renewal Terms: The Contract may be renewed for additional one (1) year terms upon mutual written agreement by both parties at least thirty (30) days prior to the end of the current term.
C. Termination Clause: Either party may terminate this Contract for any reason by providing sixty (60) days' written notice to the other party. The Cafe may terminate this Contract immediately if the Service Provider fails to meet the service standards outlined in this Contract.
III. Payment Terms
A. Payment Structure: The Cafe agrees to pay the Service Provider a monthly fee of $2,000 for the services described in this Contract. Payments are due on the first day of each month.
B. Invoicing: The Service Provider will submit invoices to the Cafe on the 25th day of each month for services rendered during that month. Invoices must detail the services provided and the corresponding charges.
C. Late Payment Penalties: Payments not received within fifteen (15) days of the due date will incur a late fee of 1.5% per month on the outstanding balance.
IV. Responsibilities of Cafe
A. Access to Facilities: The Cafe will provide the Service Provider with access to the premises during normal operating hours and at other mutually agreed-upon times for the purpose of performing the services.
B. Provision of Materials: The Cafe will supply all necessary cleaning supplies and equipment unless otherwise agreed upon. Any materials provided by the Service Provider will be reimbursed by the Cafe at cost.
C. Safe Working Environment: The Cafe will ensure that the working environment is safe and complies with all relevant health and safety regulations. The Cafe will inform the Service Provider of any potential hazards on the premises.
V. Responsibilities of Service Provider
A. Adherence to Service Standards: The Service Provider will perform all services in a professional and workmanlike manner, adhering to the highest standards of quality and in compliance with all applicable laws and regulations.
B. Provision of Qualified Personnel: The Service Provider will provide trained and qualified personnel to perform the services. All personnel will be subject to the Cafe's approval and must comply with the Cafe's policies and procedures while on the premises.
C. Compliance with Laws: The Service Provider will comply with all applicable federal, state, and local laws, regulations, and ordinances in the performance of the services. The Service Provider will obtain and maintain all necessary licenses and permits required for the performance of the services.
VI. Performance Monitoring
A. Evaluation Criteria: The Cafe will evaluate the Service Provider's performance based on cleanliness, adherence to service schedules, and overall customer satisfaction. Specific metrics include the frequency of cleaning, the thoroughness of maintenance, and responsiveness to service requests.
B. Regular Reviews: The Cafe and the Service Provider will conduct quarterly performance reviews. These reviews will assess the Service Provider’s adherence to the service standards outlined in this Contract and address any areas for improvement.
C. Reporting Requirements: The Service Provider will submit a monthly performance report detailing the services performed, any issues encountered, and steps taken to resolve them. These reports will be reviewed during the quarterly performance reviews.
VII. Confidentiality
A. Confidential Information: The Service Provider agrees to treat all information related to the Cafe’s operations, customers, and business practices as confidential. This includes but is not limited to, financial records, customer lists, and proprietary processes.
B. Non-Disclosure: The Service Provider will not disclose any confidential information to any third party without the prior written consent of the Cafe. This obligation extends beyond the termination of this Contract.
C. Return of Information: Upon termination of this Contract, the Service Provider agrees to return or destroy all confidential information provided by the Cafe. This includes physical documents, electronic files, and any other forms of confidential data.
VIII. Liability and Insurance
A. Liability Coverage: The Service Provider will be liable for any damages caused by its negligence or willful misconduct while performing the services. This includes damages to the Cafe’s property and any third-party claims arising from the Service Provider’s actions.
B. Insurance Requirements: The Service Provider will maintain general liability insurance with coverage of at least $1,000,000 per occurrence and $2,000,000 aggregate. The Service Provider will provide the Cafe with a certificate of insurance upon request.
C. Workers’ Compensation: The Service Provider will maintain workers’ compensation insurance as required by law for all its employees performing services under this Contract. The Service Provider will provide proof of such insurance to the Cafe upon request.
IX. Dispute Resolution
A. Dispute Resolution Process: Any disputes arising from or related to this Contract will first be addressed through good faith negotiations between the parties. If the dispute cannot be resolved through negotiation, the parties agree to proceed to mediation.
B. Mediation: If negotiation fails, the parties will submit the dispute to mediation before a mutually agreed-upon mediator. The costs of mediation will be shared equally by both parties.
C. Arbitration: If mediation does not resolve the dispute, the parties agree to submit the dispute to binding arbitration under the rules of the American Arbitration Association. The decision of the arbitrator will be final and binding on both parties, and judgment on the award may be entered in any court of competent jurisdiction.
X. Indemnification
A. Indemnity by Service Provider: The Service Provider agrees to indemnify, defend, and hold harmless the Cafe, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with the performance of services under this Contract.
B. Indemnity by Cafe: The Cafe agrees to indemnify, defend, and hold harmless the Service Provider, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with the Cafe's actions or inactions related to this Contract.
C. Indemnification Procedure: The party seeking indemnification will promptly notify the indemnifying party of any claim or legal action and will cooperate fully in the defense of such claim or action. The indemnifying party will have the right to control the defense and settlement of any such claim, provided that it does not settle any claim without the prior written consent of the indemnified party, which consent will not be unreasonably withheld.
XI. Miscellaneous Provisions
A. Amendments and Modifications: Any amendments or modifications to this Contract must be made in writing and signed by both parties. No oral statements or representations will be considered as a valid amendment.
B. Governing Law: This Contract will be governed by and construed in accordance with the laws of the state in which the Cafe is located, without regard to its conflict of laws principles.
C. Entire Agreement: This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, understandings, and representations, whether oral or written, regarding such subject matter.
Signatures
By signing below, the parties acknowledge that they have read and understood this Contract and agree to be bound by its terms and conditions.
Cafe
[Name]
[Date]
Service Provider
[Name]
[Date]