These terms and conditions ("Terms") govern the contractual relationship between UpwardMode ("we," "us," "our") and the client ("you," "your"). By engaging our services, you agree to be bound by these Terms.
2.1 Services Provided: We will perform the services detailed in the project proposal or contract, including but not limited to construction, renovation, and maintenance work.
2.2 Changes to Scope: Any changes to the scope of work must be agreed upon in writing by both parties. Additional charges may apply for changes or additions to the original scope.
3.1 Fee Structure: The total project cost and payment schedule will be outlined in the contract. Payments are to be made according to the agreed schedule.
3.2 Deposit: A deposit of 45% is required before the commencement of work. This deposit is non-refundable once work has commenced.
3.3 Late Payments: Late payments will incur a late fee of 0% per month on the outstanding amount.
4.1 Access: You must provide us with access to the site during agreed working hours.
4.2 Permits: You are responsible for obtaining all necessary permits and approvals unless otherwise specified in the contract.
4.3 Utilities: You must ensure that utilities (water, electricity) are available at the site during the construction period.
5.1 Commencement Date: Work will begin on the date specified in the contract, provided that all preliminary requirements are met.
5.2 Delays: We are not responsible for delays caused by factors beyond our control, including but not limited to inclement weather, supply chain disruptions, and changes requested by you.
6.1 Workmanship: All work will be completed in a professional manner and in accordance with industry standards.
6.2 Materials: Materials will be of good quality and fit for purpose. Any specific material requirements must be specified in the contract.
6.3 Warranty: We provide a warranty on workmanship and materials for a period of [number] years from the date of project completion. This warranty does not cover normal wear and tear or damage caused by misuse or neglect.
7.1 Compliance: We will comply with all relevant health and safety regulations during the project.
7.2 Site Safety: You must ensure that the site is safe and free from hazards. Any known hazards must be disclosed to us before work begins.
8.1 By Client: You may terminate the contract by providing written notice. Any work completed up to the termination date will be invoiced and must be paid.
8.2 By Company: We may terminate the contract if you fail to meet your obligations under these Terms. Notice will be provided in writing, and you will be invoiced for work completed up to the termination date.
9.1 Limitation of Liability: Our liability for any claim arising out of the performance of our services is limited to the amount paid by you for those services.
9.2 Insurance: We carry general liability insurance to cover any damages or accidents that may occur during the project. You are encouraged to maintain your own insurance for additional protection.
10.1 Negotiation: In the event of a dispute, both parties agree to first attempt to resolve the issue through informal negotiation.
10.2 Arbitration: If a resolution cannot be reached through negotiation, the dispute will be settled by binding arbitration in accordance with the rules of nation's law.
These Terms are governed by and construed in accordance with the laws of Botswana. Any legal actions arising out of these Terms must be brought in the courts of Botswana Magistrate.
We reserve the right to amend these Terms at any time. Any changes will be communicated to you in writing and will become effective upon your acceptance of the amended Terms.
13.1 Entire Agreement: These Terms, together with the project contract, constitute the entire agreement between the parties.
13.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to be in effect.
13.3 Waiver: No waiver of any provision of these Terms will be effective unless in writing and signed by both parties.
Please review these Terms carefully and contact us if you have any questions or need further clarification. Thank you for choosing UpwardMode for your project. We look forward to working with you.