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Building Contract

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A Building Contract may be used for work that is on a fixed term or fixed project basis.


Your Building Contract

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BUILDING CONTRACT

THIS BUILDING CONTRACT (the "Contract") dated this 17th day of August, 2017

BETWEEN:

______________________ of ______________________________, _________________________, __________, __________
(the "Client")

- AND -

______________________ of ______________________________, _________________________, __________, __________
(the "Contractor").

BACKGROUND:

  1. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide  services to the Client.
  2. The Contractor is agreeable to providing such  services to the Client on the terms and conditions set out in this Contract.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Contract, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Contract) agree as follows:

  1. Services Provided
  2. The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services"):
    • _______________________________________________________________
      _______________________________________________________________.
  3. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
  4. Term of Contract.
  5. The term of this Contract (the "Term") will begin on the date of this Contract and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Contract. The Term of this Contract may be extended with the written consent of the Parties.
  6. In the event that either Party breaches a material provision under this Contract, the non-defaulting Party may terminate this Contract immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
  7. Performance
  8. The Parties agree to do everything necessary to ensure that the terms of this Contract take effect.
  9. Currency
  10. Except as otherwise provided in this Contract, all monetary amounts referred to in this Contract are in USD (US Dollars).
  11. Compensation
  12. The Contractor will charge the Client a flat fee of $0.00 for the Services (the "Compensation").
  13. The Client will be invoiced when the Services are complete.
  14. Invoices submitted by the Contractor to the Client are due within 30 days of receipt.
  15. In the event that this Contract is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Contractor will be entitled to pro rata payment of the Compensation to the date of termination provided that there has been no breach of contract on the part of the Contractor.
  16. The Compensation as stated in this Contract does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation.
  17. Reimbursement of Expenses
  18. The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services.
  19. All expenses must be pre-approved by the Client.
  20. Confidentiality
  21. Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
  22. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the term of this Contract and will survive indefinitely upon termination of this Contract.
  23. All written and oral information and material disclosed or provided by the Client to the Contractor under this Contract is Confidential Information regardless of whether it was provided before or after the date of this Contract or how it was provided to the Contractor.
  24. Ownership of Intellectual Property
  25. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Contract, is a "work made for hire" and will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
  26. The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Contract except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.
  27. Return of Property
  28. Upon the expiry or termination of this Contract, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
  29. Capacity/Independent Contractor
  30. In providing the Services under this Contract it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Contract does not create a partnership or joint venture between them, and is exclusively a contract for service.  The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the Term.  The Contractor is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Contractor under this Contract.
  31. Notice
  32. All notices, requests, demands or other communications required or permitted by the terms of this Contract will be given in writing and delivered to the Parties at the following addresses:
    1. ______________________
      ______________________________, _________________________, __________, __________
    2. ______________________
      ______________________________, _________________________, __________, __________

    or to such other address as either Party may from time to time notify the other, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail, or (c) the following day after being deposited with an overnight courier.

  33. Indemnification
  34. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Contract. This indemnification will survive the termination of this Contract.
  35. Modification of Contract
  36. Any amendment or modification of this Contract or additional obligation assumed by either Party in connection with this Contract will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
  37. Time of the Essence
  38. Time is of the essence in this Contract. No extension or variation of this Contract will operate as a waiver of this provision.
  39. Assignment
  40. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Contract without the prior written consent of the Client.
  41. Entire Agreement
  42. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Contract except as expressly provided in this Contract.
  43. Enurement
  44. This Contract will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
  45. Titles/Headings
  46. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Contract.
  47. Gender
  48. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  49. Governing Law
  50. This Contract will be governed by and construed in accordance with the laws of the State of ____________________.
  51. Severability
  52. In the event that any of the provisions of this Contract are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Contract.
  53. Waiver
  54. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Contract by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this 17th day of August, 2017.

 



_______________________________
__________________________(Client)

 



_______________________________
__________________________(Contractor)


Service Agreement Information

Alternate Names:

A Service Agreement is also known as a:

  • General Service Contract
  • Service Level Agreement
  • Consulting Services Agreement

What is a Service Agreement?

A Service Agreement is a written document that describes the terms of a service provided by a one party to another in exchange for compensation.

When should I use a Service Agreement?

For service providers: Any time you plan to perform a service for a client and wish to protect your interests and ensure you are compensated accordingly.

For customers: Use a Service Agreement whenever you hire a service provider to perform a paid task in order to establish the exact details of the arrangement, including compensation, duties, and confidentiality, if required.

How to create a Service Agreement

Identify the customer and service provider

Include contact information for both parties.

Describe the services being provided

Include an accurate and clear description of exactly what the service provider is going to do for the duration of the agreement. The more detailed your description is, the less chance there will be misunderstandings later. Also, an accurate description of services gives the customer a clear idea of what to expect and lets the service provider know what is expected of them.

Outline a payment schedule

Determine the compensation details for your arrangement, including pay rate, whether tax is included, payment schedule, who will provide the resources and whether there are penalties for late payments or non-performance.

Establish terms about confidentiality, non-solicitation, and non-competition

You may or may not choose to include terms addressing confidentiality. This will depend on whether the customer prefers to add these clauses to protect sensitive information about themselves or their business.

Non-solicitation and non-competition clauses are also up to the customer and whether he or she wants to prevent the service provider from unfairly competing or soliciting business for a specified period of time.

Address ownership of materials

It is best practice to specify which party will retain ownership rights of the materials produced during the relationship. Rights may be retained by the service provider or be exclusively granted to the customer.

Personalize your Service Agreement

The LawDepot service contract has the option to include additional clauses regarding indemnity, return of property, liability, as well as legal expenses. Adding these terms is optional and depends on your personal situation.

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Service Agreement Sample

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