Terms
Here are the terms and conditions for booking services from LightSmiths.
1. Scope of Work
The work to be performed by the Provider under this Services Contract (“Services”) shall be as set forth in the proposal above. The Provider will exercise its best efforts to complete the Services in a professional and diligent manner, on the schedule and at the price stated in the proposal above. Overtime hours beyond the scope of time outlined above are $110/hr. per technician prior to midnight, $165/hr. per technician after midnight. A $300 fee applies for any unscheduled event extension lasting longer than 30 minutes.
2. Term
The term of this Agreement is for the date of its execution by Provider.
3. Payment
Provider will invoice Client for a non-refundable 50% reservation fee at the time this agreement is signed below to secure services. A prep/rush of 20% applies to any contract established shorter than 14 days prior to the event. Client will pay Provider the 50% balance as set forth in the proposal 14 calendar days prior to the performance date, unless prior arrangements are made. Should the Client book less than 14 days prior to the event, the full contract amount is due at signing. Final payment is required prior to a LightSmiths installation.
4. Confidentiality
For purposes of this Agreement, the term "Information" shall mean any information that Provider may receive from Client pursuant to this Agreement where such information (a) if Provider receives it in written form, is marked “Confidential” and (b) if Provider does not receive it in written form, is declared by Client in writing to be confidential within the date of performance or prior. Provider shall not use the Information except to perform the Services.
5. Indemnification
Client agrees to indemnify and hold Provider harmless against all claims, demands, suits, liabilities, losses, damages or injuries (collectively “Liabilities”) that arise out of Client’s use of the Services, except to the extent such Liabilities result from the negligence or wrong doing of Provider. Provider agrees to indemnify and hold Client harmless against all claims, demands, suits, liabilities, losses, damages or injuries that arise out of Provider’s performance of this Agreement, except to the extent such Liabilities result from the negligence or wrong doing of Client.
6. Limitation of Liability
In no event will either party be liable for any special, indirect, consequential, or incidental damages.
7. Entire Agreement
This Agreement sets forth the entire agreement between Client and Provider as to its subject matter. None of the terms of this Services Contract shall be amended except in writing signed by both parties.
8. Termination
This agreement may be terminated greater than 90 days away from the event date(s) if such occasions deem this necessary, and both parties agree to this in writing, with a settlement of 50% of the agreement balance due, less the reservation fee. For cancellations 90 days or less from the event date(s), the full remainder of the agreement balance less the reservation fee is due, as the ability for the Provider to rebook the event date is greatly diminished. The agreement may be rescheduled a single time for a future date that would need to be re-booked with the Provider in 365 days or less from the original agreement date. The reservation fee is applied to any rescheduled date.
9. Force Majeure
Neither Client nor Provider shall be liable for failure of or delay in performing obligations set forth in this Agreement, and neither shall be deemed in breach of its obligations, if such failure or delay is due to natural disasters, epidemic, pandemic or act of God beyond the control of the Client or Provider.
10. Digital Signature
This Agreement shall be construed in accordance with the laws of the State of Washington. The parties agree to the terms of this Services Contract to be executed and delivered by their duly authorized representatives. By sending the document, LightSmiths has digitally signed to the terms. By providing payment, the Client has given their acceptance to this proposal, regardless if an implicit digital signature has been provided.