Service Agreement

 

General Provisions 

  • Our service department bills on a time and materials (T&M) basis. 
  • Published standard service rates will apply for all service requests with a 1-hour minimum plus destination fee. 
  • Final invoices will reflect actual man-hours needed and materials used. Rain Pros, Inc. cannot make any guarantee of the accuracy of T&M estimates or budget requests. Estimates are provided as a courtesy. 
  • Budget requests may not be sufficient to correct all issues or even potentially identify all problems. However, we will not exceed the budget without prior consent and payment is due for progress made. 
  • Verbal approval will be considered a part of this agreement. 
  • All work will be performed in a professional workman like manner with appropriate safety equipment provided. 
  • All Rain Pros standard materials and practices if not specified will be followed, deviations may incur additional expense. 
  • We reserve the right to refuse service to anyone without providing a reason 
  • Claims reported to Rain Pros and scheduled as warranty repair, will be billed as a diagnostic visit at our standard rates, in the event it is determined out of warranty. 
  • Clients who require a ferry to access their property will be billed the cost of the ferry ride on the final invoice 
  • If a senior service tech is required for initial visit and or was requested through referral, Rain Pros will bill $129/hr, in addition to our standard rates. 
  • Rain pros will bill 1 administrative hour per accumulative 14 tech hours in a single visit, can be waived at managements discretion. 

 

Scheduling Provisions: 

  • Communication regarding scheduling will be done through our service coordinator or the service manager, calls to a service tech will be redirected back to the service coordinator.  
  • It is the responsibility of the Customer to provide access codes, when applicable, in addition to maintaining current contact info with Rain Pros. Any wait time at gates will be billed at our standard rates.  
  • Rain Pros will wait 15 minutes to gain access, if unsuccessful the visit must be rescheduled and a reschedule fee of $65 will be billed.   
  • Every effort will be made accommodate scheduling preferences within a rebate period, but no guarantee can be made.  
  • We schedule visits with a 4-hour window of arrival, and we will email and text typically 3-7 days in advance.  
  • If you know you need to be home during the service call and are not available a 1-hour standard service call rate will be billed, the subsequent rescheduled visit will be billed separately.  
  • Cancelations within 48 hours of a scheduled visit will result in a 10% fee of the projected budget for the planned work. 
  • Greater than 2 rescheduled appointments will result in a $50 deposit being required to reschedule, for each additional rescheduled appointment. Missed appointments will forfeit the deposit. 

Preventative Maintenance Provisions: 

SSU/ Summer Tune 

  • In order to receive a summer tune from rain pros you must have had a SSU completed in spring. 

Winterization 

  • Rain Pro provides winterizations on a good faith basis. We assume no liability for freeze damage more than 30 days from the time of service. 

Drain Maintenance 

  • Prior to any Drain Maintenance service, Rain Pros has given your system a clean bill of health during a previous drain maintenance visit, a previous drain inspection visit, and or the system has been built by Rain Pros in the last 12 months and confirmed the system now just required upkeep. 

 

Payment Terms: 

  • Payment is due at the time of service  
  • Payment can be given directly to the service technicians on site, physically mailed, submitted via credit card or ACH transfer from the emailed copy of the invoice. 
  • Credit card payments are accepted with no convenience fee. 
  • $40 late fee will be assessed 5 business days after the digital copy has been sent plus 1% per month interest will accrue from original due date. 
  • HOA's and property managers have net 30 days from the time of the digital delivery for payment to be received before a late fee of $40 will be assessed plus 1% per month interest will accrue from original due date. 
  • In the event of litigation or a referral to a collection agency regarding this contract the prevailing party shall collect all associated expenses and reasonable attorney’s fees, not less than 36% of the original contract amount. 

 

Warranty: 

  • All materials and craftsmanship are warrantied for 30 days from the day of service. Follow up visits after 30 days will be billed as a separate request. 

 

Severability: 

  • In the event that any of the provisions of this agreement are held to be invalid or unenforceable in the 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 agreement. 

Waiver: 

  • The waiver by either party of any provision will not be construed as a waiver of any subsequent violations of the same or other provisions. 

Entire Agreement: 

  • It is agreed that there is no representation, warranty or condition affecting this agreement except as expressly provided in this agreement. 

Limited Liability: 

  • In recognition of the relative risks and benefits of the Project to both the Client and Rain Pros, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of Rain Pros for any and all claims, losses, costs, damages of any nature whatsoever whether arising from breach of contract, negligence, or other common law or statutory theory of recovery, or claims expenses from any cause or causes, including attorney’s fees and costs and expert witness fees, so that the total aggregate liability of Rain Pros shall not exceed the amount of the total cost of the total fee for services rendered on the Project. It is intended that this limitation apply to all liability or cause of action however alleged or arising, unless otherwise prohibited by law, including but not limited to negligence, breach of contract, or any other claim whether in tort, contract, or equity. 

Client agrees this contract is binding and will remain in full force and effect indefinitely, including changes in company policy and pricing. Updated copies of the agreement will be provided upon request. 

Client confirms contact information provided below is accurate and will update Rain Pros with any changes. 

 

  • This field is for validation purposes and should be left unchanged.