Janitorial Service Contract

This Janitorial Service Contract ("Contract") is entered into as of [Effective Date], by and between:

1. [Your Company Name], a [State of Incorporation] corporation, with its principal place of business at [Your Company Address] ("Service Provider"), and

2. [Second Party Company Name], a [Business Type], with its principal place of business at [Second Party Company Address] ("Client").

I. Introduction

A. Parties to the Contract

This Contract is made between [Your Company Name] ("Service Provider") and [Second Party Company Name] ("Client") to establish the terms and conditions under which janitorial services will be provided. The Service Provider specializes in cleaning and maintaining commercial and residential facilities and is capable of meeting the Client's specific needs. Both parties agree to uphold their respective obligations as set forth in this Contract.

B. Effective Date

This Contract shall become effective on [Effective Date], the date on which both parties agree to its terms and conditions. Services under this agreement will commence on [Commencement Date], subject to completion of any necessary preparations or formalities. This agreement will continue until the expiration or termination as provided in Section IV.

C. Recitals or Background

WHEREAS, the Client requires consistent and professional janitorial services for the maintenance of their facility; and

WHEREAS, the Service Provider has the necessary qualifications, expertise, and resources to provide the required cleaning services;

NOW, THEREFORE, the parties hereby agree to the terms and conditions outlined in this Contract.

II. Definitions

A. Key Terms

1. "Facility" refers to the premises located at [Your Company Address], owned or occupied by the Client, where cleaning and janitorial services will be provided. The Facility may include offices, restrooms, kitchens, hallways, and any other areas specified in the scope of work.

2. "Cleaning Services" refers to the routine janitorial tasks, including but not limited to sweeping, mopping, dusting, sanitizing restrooms, and other services listed in Section III of this Contract.

3. "Specialized Services" includes non-routine tasks such as carpet cleaning, floor waxing, pressure washing, or window washing. These services are performed upon request and are subject to additional charges.

III. Scope of Services

A. Cleaning Tasks

The Service Provider shall provide cleaning services in the manner described below, based on the schedule agreed upon:

1. Daily Cleaning: Tasks to be completed on a daily basis include sweeping and mopping of all hard surface floors, vacuuming carpets, emptying trash bins, and ensuring that all common areas are sanitized.

2. Weekly Cleaning: Services to be performed once a week shall include detailed cleaning of restrooms, kitchen areas, and the dusting of surfaces such as desks, countertops, and shelves.

3. Monthly Cleaning: Tasks that will be performed monthly include deep carpet cleaning, high dusting of light fixtures, and the washing of windows inside the Facility.

B. Additional Services

Specialized Services

The Client may request additional cleaning services not included in the regular cleaning schedule, such as carpet shampooing, exterior window cleaning, or high-pressure washing. These services will be billed separately according to the rates specified in Section V.

Emergency Cleaning

If an emergency cleaning is required, such as cleaning up spills or damage, the Service Provider will accommodate these requests outside the normal schedule. Emergency services will be billed at a premium rate for off-hours work or unusual circumstances.

C. Exclusions

Certain services are not covered under this Contract, including but not limited to the cleaning of hazardous materials (e.g., asbestos), heavy-duty machinery, or areas that are inaccessible due to safety concerns.

The Service Provider is not responsible for cleaning items that are not in the designated cleaning areas or are obstructed by personal or office items.

High-rise window washing above the second floor is excluded unless specifically negotiated and agreed upon as a specialized service.

D. Supplies and Equipment

The Service Provider will provide all necessary cleaning materials, tools, and equipment required to perform the services, including vacuum cleaners, brooms, cleaning chemicals, and safety equipment. The Client agrees to provide access to electricity, water, and other resources as needed for service delivery.

The Service Provider will ensure that all cleaning supplies are non-toxic and environmentally friendly, where possible, and compliant with relevant health and safety regulations.

If the Client prefers to use specific brands or types of supplies, it may provide them, but this must be agreed upon in writing prior to the commencement of services.

IV. Term of the Agreement

A. Initial Term

The term of this Contract will be one (1) year, commencing on [Commencement Date] and concluding on [End Date]. This initial term shall automatically renew unless either party provides written notice of non-renewal at least 30 days prior to the expiration of the current term.

B. Renewal

Upon mutual agreement of both parties, the Contract may be renewed for successive terms of one year, with any adjustments to pricing or terms negotiated prior to the renewal date. Any changes to the pricing or terms will be communicated in writing, with the Client having the option to accept or reject the updated terms.

C. Termination

Either party may terminate this Contract with 30 days written notice if the other party materially breaches any term of the agreement. The breach must be remedied within the notice period to avoid termination.

The Client may terminate the Contract without cause by providing 30 days written notice, in which case the Client will be liable for services rendered up to the termination date.

In the event of termination, both parties agree to settle all outstanding payments and obligations before the final termination date.

V. Payment Terms

A. Service Fees

The Service Provider will charge a monthly fee of [$00] for standard janitorial services, which includes all regular cleaning tasks outlined in Section III. Payment for the full month is due by the first day of each month.

Any additional services requested by the Client outside of the agreed-upon scope, such as carpet cleaning or special requests, will be charged at the rate of [$00].

Payments must be made promptly and in accordance with the invoicing schedule to avoid disruption of services.

B. Additional Charges

If the Client requests services that fall outside the standard scope, the Service Provider will provide an estimate in writing before commencing any work. These additional services may include deep cleaning, extra staff for special events, or emergency cleaning.

Charges for late payments will be assessed at the rate of [$00] per month if payment is not received within 30 days of the due date.

Emergency services outside regular hours may incur an additional premium, and the Client will be notified of these charges in advance.

C. Payment Method

Payments will be made by [Credit Card]. All payments are due on the [Day] of each month, and the Client will be invoiced on the last day of the preceding month.

D. Late Payment and Penalties

If payment is not received by the due date, the Service Provider reserves the right to suspend services until the balance is paid. A late fee of [$00] will be added to any overdue amounts, and interest will accrue at a rate of [$00] per month.

VI. Performance Standards and Monitoring

A. Service Quality

The Service Provider is committed to delivering high-quality cleaning services. The Client expects the Facility to be clean, safe, and well-maintained, with services performed to the highest professional standards.

The Service Provider shall follow all local, state, and federal regulations regarding cleaning and sanitation practices to ensure the health and safety of both employees and clients.

If at any time the Client is dissatisfied with the quality of the work, the Service Provider will address the issues promptly and ensure that corrective actions are taken.

B. Monitoring and Inspection

The Client may conduct periodic inspections of the cleaning services to ensure compliance with the scope of work and quality standards outlined in this Contract. The Service Provider will cooperate fully in these inspections.

Both parties will agree on a schedule for performance reviews and inspections, which may be quarterly or as requested by the Client.

Any discrepancies or issues identified during inspections will be addressed immediately, and a plan of action for improvement will be provided by the Service Provider.

C. Corrective Action

If the Service Provider fails to meet the agreed-upon standards or deliverables, corrective actions will be taken within [00] hours or [00] days, depending on the nature of the issue.

These actions may include re-cleaning, adjustments to the cleaning schedule, or providing additional resources to meet the Client's expectations.

Should the Service Provider fail to rectify issues after multiple notices, the Client reserves the right to terminate the Contract for cause as per Section IV.

VII. Insurance and Liability

A. Insurance Coverage

The Service Provider agrees to maintain adequate general liability insurance with coverage of at least [$00] for bodily injury, property damage, and other potential claims arising from the provision of janitorial services.

In addition, the Service Provider will maintain workers' compensation insurance covering its employees who perform services under this Contract. Proof of such insurance will be provided upon request.

The Client shall not be liable for any accidents, injuries, or damages sustained by the Service Provider's personnel during the performance of duties under this agreement.

B. Indemnity and Liability

The Service Provider agrees to indemnify and hold harmless the Client, its employees, and agents from any claims, damages, or liabilities arising out of the Service Provider's negligence, errors, or omissions during service delivery.

The Client acknowledges that the Service Provider will not be held responsible for any damages caused by the Client's failure to maintain the premises or provide accurate information regarding the areas to be cleaned.

The Service Provider's liability for any damage to the Client's property is limited to the amount of the service fees paid for the month in which the damage occurred.

VIII. Confidentiality and Security

A. Confidentiality Agreement

Both parties agree to maintain confidentiality regarding any proprietary information or trade secrets obtained through this Contract, including business processes, employee details, and financial data.

This obligation shall extend beyond the termination of this Contract and will remain in force as long as the information remains confidential and non-public.

Disclosure of confidential information may only occur with the written consent of the party whose information is being disclosed or as required by law.

B. Security Measures

The Service Provider will implement necessary security protocols to protect the Facility’s property during service delivery, including securing doors, windows, and access points when leaving the premises.

The Service Provider’s personnel shall be trained to follow the Client’s security procedures, especially in facilities that contain sensitive or confidential data.

Any loss, theft, or damage to property that occurs due to the Service Provider’s failure to follow security protocols will be investigated, and the Service Provider will bear responsibility for the loss.

IX. Subcontracting and Assignment

A. Subcontracting

The Service Provider shall not subcontract any portion of the services without prior written consent from the Client.

If subcontracting is approved, the Service Provider remains responsible for the performance and quality of services provided by the subcontractor.

The Client reserves the right to approve the qualifications and credentials of any subcontractors employed.

B. Assignment of the Contract

Neither party may assign or transfer any rights or obligations under this Contract to a third party without the other party's written consent.

Any assignment must be made with the written approval of the Client and must not affect the quality or continuity of the services.

In the event of a merger, acquisition, or sale of assets, either party must notify the other party in writing and obtain consent before assigning any rights or obligations under this agreement.

X. Dispute Resolution

A. Governing Law

This Contract shall be governed by the laws of the State of [State], without regard to its conflicts of law provisions. Any dispute that arises under or in connection with this Contract will be resolved based on the laws of [State].

B. Dispute Resolution Process

In the event of a dispute, the parties will attempt to resolve the matter through good faith negotiations or mediation.

If mediation fails, the dispute will be settled through binding arbitration in [Location], and the decision of the arbitrator will be final and binding on both parties.

The costs of mediation or arbitration shall be shared equally between both parties unless the arbitrator determines otherwise.

XI. Miscellaneous Provisions

A. Force Majeure

Neither party shall be liable for any failure or delay in performance under this Contract due to events beyond their reasonable control, such as acts of God, war, strikes, or government actions.

In the event of such a delay, the affected party must provide written notice within [00] days to the other party and take reasonable steps to mitigate the impact.

If the force majeure event lasts for more than [00] days, either party may terminate the Contract without penalty.

B. Amendment and Modification

This Contract may only be amended or modified by a written document signed by both parties.

Any proposed changes to the scope of services, fees, or contract duration must be documented and agreed upon before taking effect.

No verbal agreements or understandings will be enforceable unless reduced to writing and signed by both parties.

C. Entire Agreement

This Contract constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior written or oral agreements.

Any prior negotiations, drafts, or discussions are not part of this Contract unless specifically incorporated herein by reference.

Any provision of this Contract that conflicts with applicable law will be amended to comply with such law, but the remaining provisions will remain valid and enforceable.

D. Severability

If any provision of this Contract is determined to be invalid or unenforceable by a court of law, the remainder of the Contract will continue in effect.

The parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid provision that reflects the intent of the original.

Invalidity of one provision does not affect the validity of the rest of the Contract, and the Contract remains in full force and effect.

XII. Signatures

A. Service Provider’s Signature

By signing this Contract, the Service Provider agrees to fulfill the obligations and responsibilities outlined herein, and acknowledges that they have the necessary qualifications and resources to perform the required services. The Service Provider affirms that the terms of the Contract are understood and accepted in their entirety. This signature represents the official and binding agreement to commence services as described in the Contract.

[Your Name]

[Date]

B. Client’s Signature

By signing this Contract, the Client agrees to the terms and conditions set forth and commits to paying for the services as specified in Section V. The Client acknowledges that they have read, understood, and accepted all provisions of the agreement, including the scope of services and payment terms. This signature signifies the Client’s official agreement to the terms, and their authorization for the Service Provider to begin performing the contracted services.

[Second Party Representative's Name]

[Date]

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