further known as contractor or service provider, provides contract or trade services. Whereas contractor shall provide an outline or agreement or contract for work to be provided.
Whereas Synergy Real Estate Group Inc further known as the company and/or the homeowners association and/or property owner further known as may have hired contractor for work to be completed as outlined in a separate agreement.
Whereas the contractor may submit invoices for payment for work that may have been contracted for.
Now therefore, the contractor and Synergy Real Estate Group Inc for itself or as representative for a property owner or homeowners association agree as follows.
Agreement to Hire:
Vendor agrees and understands that unless otherwise stated in writing, the vendor is being hired by the Homeowners Association that the work is occurring in and that there is no agreement, direct or indirect, implied or otherwise that the vendor is being hired by Synergy Real Estate Group Inc.
Synergy Real Estate Group Inc works for or on behalf of Homeowners Associations and property owners. Synergy Real Estate Group Inc shall not be held liable and shall be held harmless by contractor for any open balance, for any work or service that is performed on any property that Synergy Real Estate Group Inc does not own.
Synergy Real Estate Group Inc may from time to time, be authorized, to enter into agreements for work to be conducted on property, that it manages or has a management relationship with. However, Synergy Real Estate Group Inc does not own the property that service is being performed on unless otherwise disclosed in a separate document.
In the event the service provider has a grievance of any kind with the property owner or Homeowners Association, service provider agrees to hold harmless Synergy Real Estate Group Inc. for any and all liability including but not limited to payment for services rendered by vendor. Legal fees for enforcement of any agreement other than material breach of any agreement that may have been entered into or for work specifically for Synergy Real Estate Group Inc.
The agreement to hire shall be done in a separate agreement. The agreement herein is intended to outline the terms of payment and requirements of the contractor, in order that Synergy Real Estate Group Inc. may process payments for service provider. Any agreement to hire shall not alter the terms set forth herein unless otherwise agreed to in writing. In the event of a conflict in terms this agreement shall be superior to any other agreement when applicable to sections of conflict noted in any other such agreement.
All parties are aware that any and all agreements that are entered into by Synergy Real Estate Group Inc, unless otherwise agreed to in writing, are being entered into on behalf of a third party. All parties agree that Synergy Real Estate Group Inc. does not have the ability to control the third party and that any contract that may be entered into is being done so at the direction of a Homeowners Association board or property owner. Contractor agrees to hold harmless Synergy Real Estate Group Inc. Contractor is advised to have in hand a signed agreement or work order detailing the work to be performed. Contractor understands that by commencing work outside of a written agreement or work order the work is being done outside of any agreement or contract. The decision for the contractor to start work in these conditions is at the option of the contractor.
Safety/Hold harmless:
Contractor agrees to hold harmless and indemnify Synergy Real Estate Group Inc, its employees and related subcontractors as well as the Homeowners Association or property owner which service is being provided for any and all bodily injury, personal property or contractor owned or leased or rented damage to equipment or tools, theft of personal property or property that is owned by any subcontractor or employee of subcontractor. This hold harmless and indemnification includes any and all transportation of goods, personnel or any other subcontractor or employee the contractor may hire or contract with.
In the event that contractor, it’s employees or subcontractor damage personal property belonging to the community, community owner, tenant, or property owner the subcontractor shall be responsible for the repair or replacement of damaged item.
Entry arrangements to any property must be arranged in advance with the owner, or tenant of the property. No service provider shall enter any property without notification or permission by the resident.
All work is being performed at the risk of the service provider or vendor. No guarantees as to the safety of the vendor are provided. Synergy Real Estate Group Inc. offers no assurances of any kind that the work zone or area is safe. Service provider shall make its own determination as to the safety of the work area and if any hazard exists. In the event a hazard exists service provider is directed to contact the property manager that requested the work and state the nature of the hazard. It is at the service providers discretion as to continue the service or terminate the service. It is the sole responsibility of the service provider to create a safe work environment for its contractors or employees, Synergy Real Estate Group Inc shall owe no duty to the creation of a safe work environment.
Service provider shall post notification, flagging signage, or barrier notifying the general public of any hazard that may exist during the work period. In the event that the work is not completed in the same day or time frame the service provider shall provide notification and barrier and identify any hazard that may exist where the general public may become injured or harmed, as a result of the ongoing work that may or may not be completed. Service provider shall hold harmless and indemnify the Homeowners Association as well as Synergy Real Estate Group Inc for any failure to adequately notify the general public of a hazard should an accident or injury occur in the work area.
Code requirements:
Contractor shall be reasonable for any and all building permits and paperwork that may be associated with any building permit. All work shall be performed to any and all Federal, State and/or local building codes with any and all provisions as defined in the current building code. Contractor shall be responsible for verification of any and all applicable building codes. Any work not preformed to applicable building code shall not be paid for.
Master key:
Any master key that may be provided to any service provider shall remain the property of Synergy Real Estate Group Inc and shall not be used without the express permission of the owner, property manager to resident/tenant of the property that is being serviced. Contractor agrees not to copy the master key and further agrees that if the master key is lost they shall be responsible for any and all cost associated with making the master key system safe. Contractor agrees to return or surrender any master key to the Synergy Real Estate Group Inc representative that may request the key be returned.
Prior to any work that may create a hazard to the general public service provider shall:
- Use a device to warn the general public of the hazard.
- Cone or section off the work area.
- Any hole or like hazard must be cordoned off in a manner that will alert the general public of any potential hazard that may exist in the work area.
- Prior to departure from the work area the work area must be made safe.
- Prior to departure from the work area the work area must be cleaned, all tools must be neatly stacked as to provide a generally acceptable appearance.
- Notify the owner or tenant of the property that the service provider has received a work order for 48 hours prior to arrival at the property to set an appointment time.
Prior to work starting contractor is advised but not required to:
- Take before and after work photos.
- Complete a written agreement with the property owner that work is being provided for in the event the work in question is for an individual property located within a homeowners association.
- Advise property owners and other residents of potential breakage of owned property that is in the work area.
Post work the service provider shall:
- Provide a notification to the property owner or tenant that the work has been completed. This may be done by either leaving a door hanger or phone call.
- Clean work area to a reasonable condition and remove any and all debris and trash.
Post work the contractor may:
- Have the resident, property owner or tenant sign off on a completion of work satisfactory agreement.
- Take post work photos.
Use of non-owned power and water:
Contractor agrees that any use of non-community owned water, power or natural gas, further known as utility is strictly prohibited. Any use of said utility shall be done at the expense of the contractor. This provision is limited to power, water and gas that is not owned by a homeowners association. It is fully understood if the service provider is conducting work on an individual home or rental unit that a utility would need to be used and shall come from the unit being serviced at no additional cost to service provider. However, any project that services the community as a whole shall need a utility hookup from a community utility source. It shall be the responsibility of the contractor to locate the utility connection for use during the large-scale project. In the event service provider should hook up to a utility that is not a community utility service provider shall be obligated to deal directly with the owner of the utility contractor hooked to.
Payments/Invoices:
All payments will be made once the work has been completed and approved either by the Synergy Real Estate Group Inc representative or the community board. This depends on who has the authority to sign off on the work. If there is a question about this, contractor will need to clarify prior to starting work.
All payments will be processed within 30 days from the date of approval. All days herein are described as Monday to Friday accept for any and all banking or national holidays.
Checks for payments are not created in the Synergy Real Estate Group Inc office. Any payments that are created will be sent to the contractor by USPS, unless the contractor elects a different payment option with the payments service provider.
Property managers have no access to checks or the ability to create checks.
A Work order number must accompany any invoice that is submitted for payment. Failure to provide a work order number with the invoice will result in the invoice being returned to the contractor for proper formatting. There will be no payments made for improperly formatted invoices.
All invoices submitted must contain the following:
- Name of Homeowners association and/or Property address if Rental property.
- Name, Address and Phone Number of Contractor submitting invoice for payment.
- Work order number coming from Synergy Real Estate Group Inc requesting work.
- Description of work completed.
- Date work was preformed or completed.
- If the invoice is for a partial payment request with balance due at completion must be noted on the invoice.
- Any credits that have been applied to the open invoice for down payment or work performed.
No payment for service shall be issued until the following documents have been submitted.
- IRS form W-9
- Certificate of insurance naming Synergy Real Estate Group Inc Additional insured as well as the homeowners association that service is being provided at. Insurance shall include certificate of workmen’s comp insurance, general liability insurance, auto owned and not owned.
- Copy of contractor’s license or any other license if applicable.
Submission of request for payments:
All invoices must be emailed to invoice@sregtn.com for proper handling. Failure to submit invoices in accordance with the proper submission requirement will cause the invoice to be rejected for payment.
Invoices that are not properly formatted shall be removed from the payment system without notification to service provider.
Invoices for any future period shall not be submitted for payment. Any invoice for future payment shall be removed from the payment system without notification to contractor.
Invoices for future periods shall not be held or stockpiled by Synergy Real Estate Group Inc for submission. Service providers shall submit their invoices in accordance with work that has been completed.
Property Managers shall not be responsible for the creation of any invoice for any service provider. All service providers shall create their own invoice.
Invoices shall not be supplied to the property manager for payment unless directed to do so in writing by the property manager. However, this shall not place liability for payment and proper formatting of the invoice for the service provider unto Synergy Real Estate Group Inc.
In some cases, a final sign off may be required by a board member for payment. In that event, the contractor shall be notified of this requirement and shall be responsible for acquiring said signature. No Invoice shall be processed for payment until such time as the needed authorizations have been made.
Work hours:
No work shall commence prior to 8:00 AM and all work shall be completed for the day no later than 6:00 PM. No work shall be permitted on Sundays or any nationally recognized holiday without the permission of the property manager, resident or property owner.
Warranty:
All work completed by Sub-contractor shall be warranted for no less than 1 year from the invoice provided for the work unless otherwise described in the work agreement or contract supplied by the subcontractor and entered in to on behalf of the community or property owner for which the work is being completed.
Governing Law:
The laws of the State of Tennessee shall govern this agreement without giving effect to conflicts of law principals. In the event of any dispute all legal proceedings shall be filed and held in the courts of Williamson County Tennessee.
Relationship:
Nothing herein contained shall be construed to imply a joint venture, partnership or principal agent relationship between Synergy Real Estate Group Inc. or the Homeowners association and/or contractor. Neither party shall have the right power or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed to in writing.
Contract Construction:
Neither party herein shall be construed as the creator of this agreement. Both parties have had the opportunity to seek legal counsel prior to entering into this agreement and have elected to enter into this agreement with or without consulting legal counsel.
Section Headings:
The sections headings contained herein are for reference only and shall not be deemed to vary the content of this agreement or limit the scope of any section.
Severability:
If any provision of this agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this agreement and this agreement shall be construed in full force and effect and be construed and enforced as if such provision had not been included or had been modified as above provided as the case may be.
Time is of the Essence:
Time is of the essence in this agreement.
Notifications:
If for Synergy Real Estate Group Inc:
Synergy Real Estate Group Inc
179 Belle Forest Circle
Suite 302
Nashville, TN 37221
Paragraph Headings:
The Paragraph headings set forth in this agreement are for the convenience of the parties and in no way define, limit or describe the scope or intent of this agreement and are to be given no legal effect.
Method of Execution:
The parties agree that signatures and initials transmitted by facsimile, or other photocopy transmittal or by transmittal of digital signature as defined by the applicable state and federal laws shall be acceptable and may be treated as originals and that all signatures may be executed partially by or by original “wet” signature or partially by digital signature as defined by state and federal law.
Force Majeure:
The performance of this agreement by either party, will be excused during any delayed such party will not be liable for any non-performance of this agreement during any delay, caused by any event beyond the reasonable control of such party and not due to the gross negligence or willful misconduct of such party, including (1.) Failure of systems hardware or software, (2.) Acts of civil or military authorities, (3.) Acts of god or war, (4.) Internet, electrical power or other utilities malfunction or interruption, (5.) Terrorism, civil disorder or disturbance, riot, or labor dispute or (6.) Acts or omissions of another party. Such party will resume its performance as promptly as practicable under the circumstances.
Limit of Scope:
Synergy Real Estate Group Inc. employees and sub-contractors are not licensed insurance agents, attorneys or general contractors. The Association should seek the opinion of a licensed professional and attorneys and should not rely solely on the opinion of the property manager, employee, or sub-contractor. Further, all legal actions must be conducted by an attorney and not by a property manager, subcontractor or employee of Synergy Real Estate Group Inc. This includes but is not limited to liens, notification of pending legal action, change in by-laws or Declaration Covenants and Conditions “DCCR” documents and/or opinions related to the legal interoperation of the DCCR documents and By-laws for the community as well as building codes and other civil legal opinions. Any opinion that may be offered is just that, the opinion of the person offering, there is no guarantee, written expressed or otherwise as to the validity of the opinion. Any and all boards are encouraged to verify the provided opinion by a person licensed to provide such an opinion.
Legal Document:
This is an important legal document creating valuable rights and obligations if any party to this document has any questions about it you should review the document with an attorney. Neither party to the document is authorized or qualified to provide advice of the legal effects of its provisions.
Modifications of Agreement:
This agreement represents the understanding of the parties. This Agreement may be modified only in writing signed by both a representative of Synergy Real Estate Group Inc. and the fully authorized representative of the Board of Managers/Board of Directors for the Homeowner Association acting under a Board of Managers/Board of Directors resolution stating such ability. Unless change is with reference to Addendum A in the event of a change to Addendum A the paragraph titled “Additional Service stated here in” shall prevail and control.
Binding Effect, Entire Agreement, Modification, Assignment:
This agreement shall be for the benefit of, and be binding upon, the parties hereto, their successors, legal representatives and assigns no modifications of the agreement shall be binding unless signed by all parties. The agreement represented the sole and entire agreement unless otherwise noted or entered into by the parties in writing. No promise, exchange or inducement shall be binding unless stated in this agreement. Any assignee shall be obligated to perform and shall fulfill any and all terms stated herein.
Successors:
This agreement shall be binding upon all successors, assigns or transferees, irrespective of any change with the regard to the name or personnel of either party.
Binding Effect:
This Agreement shall constitute a binding obligation upon the signature of the Service provider.
Breach in conditions:
Any breach of the agreement stated herein may result in the contractual work becoming null and void at the direction of either the Homeowners Association Board or Synergy Real Estate Group Inc.
Contract acceptance:
By placing my signature below I certify that I am authorized to enter into an agreement on behalf of the company stated herein and that this agreement shall be binding upon the placement of my signature.
This document is entered into and accepted with the signature placed below by service provider. Synergy Real Estate Group Inc may elect not to sign the agreement, however, this will not render the agreement invalid. The submission of the agreement by service provider shall constitute agreement to be entered into by Synergy Real Estate Group Inc.