UTS ServicePros Contractor Service Agreement
This Contractor Service Agreement (the "Agreement") is made and entered into as of the date of electronic signature below, by and between UTS, LLC d/b/a UTS ServicePros, with its principal place of business at 740 E Campbell Rd, STE 300, Richardson, TX 75081 ("Company") and the undersigned independent contractor ("Contractor").
1. SERVICES
Contractor agrees to perform door and window service work as assigned by Company from time to time. Contractor shall perform all services in a professional manner and in accordance with industry standards.
2. INDEPENDENT CONTRACTOR STATUS
Contractor acknowledges and agrees that Contractor is an independent contractor and not an employee of Company. Contractor is responsible for all taxes, insurance, and business expenses related to the performance of services under this Agreement.
3. INSURANCE REQUIREMENTS
Contractor shall maintain, at Contractor's expense, the following insurance coverage:
- Commercial General Liability (including products and completed operations, personal and advertising injury, and contractual liability coverage) written on an occurrence form, with a deductible of not more than $5,000 Each Occurrence, and with limits of not less than:
- $1,000,000 Each Occurrence
- $2,000,000 General Aggregate
- $2,000,000 Products/Completed Operations Aggregate
- Workers' Compensation insurance with statutory limits and Employers' Liability insurance with limits of not less than $1,000,000 Each Accident/Disease, including occupational disease. The state of Florida must be listed in item 3A of the policy for work performed in Florida.
- Commercial Automobile Liability (including owned, non-owned, and hired vehicles) with a deductible of not more than $2,500 Each Accident, and with limits of not less than $1,000,000 Each Accident (combined single limit for Bodily Injury and Property Damage).
All policies must include endorsements CG 20 10 and CG 20 37 (or their equivalents) naming UTS, LLC, 740 E Campbell Rd, STE 300, Richardson, TX 75081 as additional insured. The additional insured coverage must be primary and non-contributory, and it must apply both to ongoing and completed operations. The policy must include a waiver of subrogation against UTS, its affiliates, and their respective employees, directors, and representatives.
4. TERM AND TERMINATION
This Agreement shall commence on the date of electronic signature and shall continue until terminated by either party with 30 days' written notice. Company may terminate this Agreement immediately for cause, including but not limited to Contractor's failure to maintain required insurance coverage.
5. CONFIDENTIALITY
Contractor agrees to maintain the confidentiality of all proprietary information of Company, including but not limited to customer information, pricing, and business methods.
6. NON-SOLICITATION
During the term of this Agreement and for a period of one (1) year thereafter, Contractor shall not directly or indirectly solicit or provide services to any customer of Company with whom Contractor had contact during the performance of services under this Agreement.
7. INDEMNIFICATION
Contractor agrees to indemnify, defend, and hold harmless Company, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, and expenses, including reasonable attorneys' fees, arising out of or resulting from Contractor's performance of services under this Agreement.
8. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law provisions.
9. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written.
10. ELECTRONIC SIGNATURE
The parties agree that electronic signature of this Agreement shall have the same force and effect as a signature affixed by hand.
