TERMS AND CONDITIONS – This Independent Contractor Agreement (the “Agreement”) is made effective by, and between the customer listed (the “Recipient”) at the listed address, and Ace Pelizon Plumbing (the “Contractor”), with an address to be specified in California. In this Agreement, the party who is contracting to receive the services shall be referred to as the “Recipient” and the party who is providing the services shall be referred to as the “Contractor.”
DESCRIPTION OF SERVICES – The Contractor will provide the services listed on the Recipient’s Estimate/invoice.
PLUMBING SERVICES – Furthermore, the Contractor has the sole right of control over how the Contractor will perform these services, and/or any future services. The Recipient has no right of control. The Contractor will provide any equipment or materials necessary to complete the service unless agreed upon prior to the service being completed. Any such agreement is to be documented on an estimate/invoice.
PAYMENTS FOR SERVICES – The Recipient will pay compensation to the Contractor for all services completed. Payments will be as follows:
- For projects requiring a rough-in and trim-out, each portion of the job requires a payment upon completion, unless otherwise agreed in writing.
- Other projects are paid in full upon completion, though any work over $2,000.00 may require a down payment.
- Permitting, sales taxes, and disposal fees are included in the estimate and not added to the final invoice.
- The Recipient is responsible for all permitting fees, even if work is not completed. Permits are submitted for by the Contractor usually within 72 hours of the job scheduled. Cancelation fees apply if canceled after permit issuance.
- A 3% credit card processing fee is added to all payments but can be avoided by paying via check or cash.
CANCELLATION POLICY – Detailed terms about cancellation fees, restocking fees, and conditions for refund of down payments.
EXTRA SERVICES – Additional services outside the original agreement will be invoiced separately and require full payment upon completion.
CONTRACTOR’S RESPONSIBILITIES – The Contractor is solely responsible for payroll, tax remittance, and insurance coverages.
ESTIMATE VALIDITY – Estimates are valid for 60 days. Beyond this, a new estimate is required.
TERMINATION – Conditions under which the Agreement can be terminated.
RELATIONSHIP OF THE PARTIES – Acknowledgment that the Contractor is an independent contractor, not an employee of the Recipient.
RECIPIENT’S CONTROL – Details about the Recipient’s lack of control over the Contractor’s work methods.
PROFESSIONAL CAPACITY – Confirmation that the Contractor is a licensed plumbing company in California, adhering to state regulations.
PERSONAL SERVICES NOT REQUIRED – The Contractor can employ others to perform services without the Recipient’s consent.
WORK HOURS – Business hours and additional fees for services rendered outside regular hours.
WARRANTY – Terms of the labor warranty.
CONFIDENTIALITY – Agreement regarding non-disclosure of confidential information.
INJURIES – Insurance requirements and waiver of recovery rights from the Recipient.
INDEMNIFICATION – Terms of indemnification by the Contractor.
NO RIGHT TO ACT AS AGENT – Clarification that the Contractor cannot act as an agent for the Recipient.
ENTIRE AGREEMENT – Statement that this Agreement is the entire contract between the parties.
WAIVE OF BREACH – Terms regarding the waiver of breaches.
SEVERABILITY – Provisions for the event of parts of the Agreement being found invalid.
APPLICABLE LAW – The Agreement shall be governed by the laws of the State of California.
10DLC COMPLIANCE – The Contractor acknowledges and agrees to comply with the 10DLC regulations, which govern the use of standard ten-digit phone numbers for application-to-person (A2P) text messaging. The Contractor shall ensure that all A2P messaging services, if used as part of the service provided under this Agreement, comply with carrier requirements, registration processes, and message throughput limits as per 10DLC guidelines. The Contractor is responsible for obtaining any necessary approvals and adhering to the best practices and standards set forth by mobile network operators and regulatory bodies. Any violation of 10DLC regulations that results in penalties, fees, or additional charges shall be the sole responsibility of the Contractor. The Recipient shall not be liable for any non-compliance by the Contractor with the 10DLC regulations.
DATA COLLECTION AND PRIVACY – The Contractor acknowledges that in the course of performing services under this Agreement, they may collect, use, and store personal data and other information related to the Recipient and their clients. The Contractor agrees to comply with all applicable data protection and privacy laws and regulations, including but not limited to the California Consumer Privacy Act (CCPA). The Contractor is responsible for implementing appropriate security measures to protect such data against unauthorized access, disclosure, alteration, and destruction. The Contractor will only use the collected data for purposes directly related to the services provided under this Agreement and will not share, sell, or use the data for any unrelated purposes without explicit consent from the Recipient or as required by law. The Contractor will ensure that any data collection is transparent, and that individuals whose data is collected are informed about the nature of the collection and their rights concerning their personal data.
