Terms and Conditions

This Rates & Conditions Agreement (“Agreement”) is made and entered into by and between the client (“the Client”) and Mr. Fix It, LLC, with an office located in Fort Myers, FL (the “Service Provider”). WHERE AS, the Client wishes to obtain the professional services of the Service Provider; and, WHERE AS, the Service Provider has the knowledge, skill, and capability to perform such services for the Client. THEREFORE, in consideration of the foregoing, the parties, intending to be legally bound, hereby agree to the following:

     1. Services. The Service Provider is hereby retained by the Client, and the Service Provider agrees to provide the services set forth in this agreement hereto and incorporated herein by this reference (the “Services”). Services shall be performed in accordance with the terms set forth in this agreement, or any supplemental schedule prepared by the Service Provider and agreed to in writing (electronic mail, electronic message, or handwritten) by an authorized representative of the Client. Our Mobilization / Call Out Fee / Service Fee will only be assessed on immediate, unscheduled repairs. Not Applicable for Scheduled Repairs. Mr. Fix It, LLC is a fleet-based company, we do not accept residential clients (a fleet consists of three or more company operated vehicles or equipment.) Acceptance of residential clients is based soley on the owner of Mr. Fix It, LLC. Technicians nor admnistrators can authorize services for a residential client.

     2. Service Requirements. The Services delivered hereunder shall conform in all material respects to the specifications set forth in this agreement and any other requirements agreed upon by the parties in writing (electronic mail, electronic message, or handwritten). The Service Provider agrees to use sound and professional principles and practices in accordance with normally accepted industry standards in rendering Services hereunder, and the Service Provider further agrees that performance shall reflect the best professional knowledge, skill, and judgment of the Service Provider. The Service Provider shall not be responsible for providing a location for, or transportation to, the Client for services to be performed; nor at any point during this agreement shall the Service Provider be responsible for providing transportation for the Client’s equipment in order for services to be performed by the Service Provider or any other entity not included or described in this agreement regardless of previous or scheduled services. The Service Provider shall provide security of Services by allowing a minimum of a three (3) month warranty period for all standard services performed during this agreement term unless otherwise specified in writing (electronic mail, electronic message, or handwritten) by the Service Provider. The Service Provider shall furnish competent personnel for fulfillment of its obligations. The Service Provider shall be responsible for, and shall rectify, any negligence, wrong-doing, or ill service performed by any authorized associate of the Service Provider, excluding subcontractors with individual or entity insurance. If the Client deems Service Provider personnel unsatisfactory to perform Services due to a failure by such personnel to comply with the terms and conditions imposed on the Service Provider as set forth herein, such personnel shall be removed immediately.

     3. Nature of Services.

a. Work Product. Any, and all reports, documentation, files, media, handwritten or electronic notes, and other materials created or produced by Service Provider in connection with the Services rendered hereunder shall be deemed “Work Product.” Any, and all communications between the Service Provider and the Client shall be used as proof of request when necessary. The variable amount of Work Product shall not deem Services greater or lesser quality. Any, and all Work Product produced during Agreement terms shall be deemed proof of work and used as evidence as applicable by Florida and federal law. 

b. Service Provider Proprietary Material. The Client does not under this Agreement acquire any ownership rights in and/or to any software, documentation, tools, techniques, methodologies, or other material which has not or is not created as part of the Services to be rendered hereunder which is proprietary to Service Provider (“Service Provider Proprietary Material”). However, if the Service Provider incorporates any Service Provider Proprietary Material into any Work Product, or any of the Work Product requires Service Provider Proprietary Material in order to operate or otherwise be use-able by the Client, the Service Provider hereby grants the Client a nonexclusive, royalty free, fully paid, perpetual, irrevocable license to use the Service Provider Proprietary Material as part of the Work Product.

c. Third-Party Proprietary Material. The Client does not under this Agreement acquire any ownership rights in and/or to any software, documentation, tools, techniques, methodologies, or other material which is proprietary to any third party (“Third-Party Proprietary Material”). The Client shall be responsible for obtaining any necessary licenses for Third Party Proprietary Material. Service Provider may not incorporate any Third-Party Proprietary Material into the Work Product without the prior written consent of the Client.

     4. Payment. The Client agrees to pay the Service Provider per invoice for Services completed in accordance with the terms of this Agreement. The fees shall be due and payable as specified in this agreement and displayed in the table above. Payment should be made via debit card, credit card, PayPal, ACH payment, or in the form of a check (business, individual, or cashier’s check) – made payable to Mr. Fix It, LLC. Debit cards, credit cards, PayPal, and ACH payments are subject to a processing fee in the amount matching the required merchant fees. A returned payment fee of thirty (30) dollars will be charged for returned or NSF payments. Each invoice shall be payable within fifteen (15) days after receipt by the Client unless otherwise specified in writing (electronic mail, electronic message, or handwritten) and agreed to by the Service Provider. The client shall have seven (7) days from receipt to dispute any charges made. If no dispute is determined within seven (7) days, the invoice shall be deemed approved by the Client and any parties hereby mentioned in this agreement. Current late fee rates are as described in each invoice and shall be treated as part of this signed agreement. If legal action is needed to achieve payment the Client shall be responsible for any and/or all legal fees of each party mentioned as applicable under Florida and federal law.

     5. Invoicing and Estimates. Invoices will be created as Services are completed by the Service Provider. Additional fees that may be required but are not listed on the table above will be described on the service invoice, if applicable. The Client hereby understands, unless otherwise required by applicable law, estimates are not provided prior to service completion and are supplied with special request only. All estimates expire fifteen (15) days of receipt; manufacturer part prices are subject to change with or without notice. All estimates contain the maximum labor rate allowed on a per service basis, excluding applicable commute time (drive-time). Part and supply mark-up provided at the sole determination of the Service Provider and is subject to change with or without notice. All parts purchased by the Service Provider are non-returnable. A ten (10) dollar inventory fee will be assessed for all parts held for the Client as requested in writing (electronic mail, electronic message, or hand-written) prior to purchase. Any part or parts held in inventory for the Client shall forfeit all warranty rights regardless of any scheduled installation dates. Estimate revisions are at the sole discretion of the Service Provider. Invoices shall not exceed ten (10) percent of the total of each estimate, not including any applicable taxes. Payment shall be made as described above. (See 4. Payments.)

     6. Term. The term of this Agreement shall commence on the date of first service and shall continue at-will unless this Agreement is otherwise terminated by either specified party in accordance with the terms specified herein.

     7. Entire Agreement. This Agreement, including the exhibits hereto, represents the entire agreement between the parties hereto and supersedes all prior and contemporaneous written or oral agreements and all other communications between the parties relating to the Services to be rendered hereunder. Any additions, deletions or modifications shall not be binding on either party unless accepted and approved in writing by duly authorized representatives of both parties. In the event of any contradictory provisions between this Agreement and the terms of any Exhibits, attachments, or schedules hereto or any purchase order or other documents issued by the Client or Service Provider in connection herewith, the terms set forth in the body of this Agreement shall prevail.

     8. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, and such counterparts will together constitute the same instrument.

     9. Severability. The provisions of this Agreement shall be deemed severable, and if any portion shall be held invalid, illegal, or unenforceable for any reason, the remainder of this Agreement shall be effective and binding upon the parties, unless to do so would clearly violate the present legal and valid intention of the parties hereto.

     10. Remedies. Pursuit by either party of any remedies described herein, or otherwise available at law or in equity, shall not preclude pursuit by that party of any other remedy or remedies provided herein or otherwise available at law or in equity. All remedies, rights, undertakings, obligations, and agreements shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of either party.