Terms of Service
Any Agreement (“the Agreement”) entered into by and between PRIORITY PROTECTION & INVESTIGATIONS, INC. (“Contractor”) and you (“The Client”) is governed by these terms and conditions. You may review them online in real time 24 hours a day, seven days a week. You agree to these terms by signing an agreement, accepting service or issuing a payment.
PRIORITY PROTECTION & INVESTIGATIONS, INC. The Contractor will provide Security Services for the client inside the defined boundaries of the proposal hereinafter.
TERM OF AGREEMENT. The term of the Agreement shall take effect on the date signed and will be as needed and a minimum of 8 hour shifts to be performed on a schedule to be coordinated with the Client representative starting upon execution of this contract and may be modified by either party upon 15 days written Notice.
Service shall commence on the date the proposal is signed by all parties and remain in effect until given notice.
Hours of service shall be a minimum of 56 hours per week
Duties will include be outlined on proposal.
FEES. (A) Client agrees to pay Contractor the fees as outlined in the project proposal.
Client may request, as reasonably needed, any Security Officer normally assigned to duty at premises to work additional coverage or time. All time accrued pursuant to such request shall be at Overtime Coverage rates. We prefer to have a (7) Day written notice if applicable if it is not applicable, contractor will try to accommodate Client request.Any variances between contractual services to be rendered and equipment supplied and those actually rendered or supplied will be adjusted in the next invoice period which follows the above billing date. Sales Tax is not included in the fees shown herein, such tax shall be shown on the invoice.
ALL INVOICES ARE DUE UPON RECEIPT THEREOF, payment shall be made at the offices of Contractor at: 6830 North Eldridge Parkway, Suite #211 Houston, TX 77041. Billing is done on a Bi-Weekly basis and services may be billed in advance of service. Invoices not paid within 14 days of invoicing will be subject to a 5% late fee. Failure to pay 2 or more invoices consecutively (or 30 days past due) will result in our services ending until paid in full.
DUTIES OF SECURITY OFFICERS. The Security Officers assigned to the Premises will perform normal Security duties to include patrol of all common areas and to act as a deterrent to any criminal wrongdoing. At all times while performing their duties, the officers will wear uniforms and present a neat and orderly appearance and will perform their duties in a courteous and respectful manner. Officer may make contact with members of the community and interact with suspicious persons to determine their reason for being in the area. Security Officers may make arrests under the Texas Code of Criminal Procedure 14.01.
STATEMENT OF NON-DISCRIMINATION. Client and Contractor agree not to discriminate on the basis of race, sex, color, creed, religion or national origin in regard to the supervision, hiring and placement of Security Officers in the course and scope of providing Security Service.
CERTIFICATE OF INSURANCE. Simultaneously with the execution of this Agreement or upon request from Client, the Contractor will deliver to the Client a certificate of insurance verifying the Contractor's insurance coverage and policy limits. Client agrees and further stipulates that to the extent Client suffers any injury or damage of any nature for which the Contractor has legal liability and for which the Contractor has insurance coverage for the risk giving rise to such legal liability, then Client agrees to limit its recovery, if any, from Contractor for such damages or injuries to such amounts or sums of money which such insurance will, does, or should pay for any such liability as described herein, not to exceed the respective policy limits of the insurance so effected. See Sample Certificate.
LIMITATION OF SERVICE. The Contractor does not guarantee or in any way warrant that the service or equipment supplied pursuant to the terms of this Agreement will prevent fraud, theft, fire, damage or any other occurrence to which the service or equipment may be designed to protect or monitor. The Client acknowledges and further stipulates that it is not entering into this Agreement with the expectation that the Contractor will insure or reimburse Client or any other person for losses from such occurrences.
INABILITY TO PERFORM PROTECTIVE SERVICES. The Contractor shall not be liable for failure to perform, or for delay, interruption or cessation in the performance of Protective Services due to statutory enactment’s, regulations or requirements of any governmental agency, acts of God, fire, floods, strikes, labor difficulties, riots or other acts of civil disobedience, lockouts or any other causes or events not within the reasonable control of Contractor. Failure to perform issues must be presented to Contractor in writing via certified mail. Contractor gas 30 days to remedy any and all performance issues prior to cancellation notice being given.
RECRUITMENT AND TRAINING EXPENSES. Client acknowledges and agrees that the Security Officers or other employees of PRIORITY PROTECTION & INVESTIGATIONS, INC. which will be assigned pursuant to provisions of this Contract have been recruited and trained at the expense of the Contractor through methods and training programs developed by the Contractor, and that the Contractor would suffer the loss of such recruiting and training expenses if any such employee or employees of Contractor abandons employment with Contractor and becomes employed by the Client, or by the owners or management of the Client in any capacity whatsoever.
SEVERABILITY OF PROVISIONS. The covenants and promises contained in this Agreement are separate and independent, and in the event any section, paragraph or provision hereof shall be declared invalid or unenforceable by any court or governmental agency, such invalidity shall not affect the validity or enforcement of any other section, paragraph or provision hereof.
ENTIRE AGREEMENT. No oral agreement or representation made at the time or before the execution of this Agreement shall be binding upon Contractor or Client and all prior conversations and agreements relating to this Agreement are merged herein. This Agreement is the final expression and embodies the entire agreement of the parties relating to the subject matter hereof and no amendment or modification of this Agreement shall be valid or binding upon the parties unless made in writing and attached hereto as an amendment.
This Agreement shall not be assigned by the Client without the expressed written consent of the Contractor.
NOTICE. At any time that notice or other written request is necessary under the terms of this Agreement, then notice shall be sufficient if actually made, in writing, to the respective party to whom directed or such notice shall be deemed to have been given at the time when received, if mailed, at any United States Post Office addressed to, in the case of the Contractor, PRIORITY PROTECTION & INVESTIGATIONS, INC., 21251 FM 529, Bldg D, Cypress, Texas 77433
, and as to the Client at the address appearing below his signature to this Agreement or as provided in Paragraph 1 above, or to any other address as Client may designate. Any notice of change of address shall be effective only as provided in this paragraph as any other notice. Notice of intent to terminate contract must be made in writing and mailed via Certified Mail, no less than THIRTY (30) days prior to termination. Unless notice is provided no less than THIRTY (30) days in advance of contract expiration, contract will auto- renew on a month to month basis.
GOVERNING LAW AND VENUE This Agreement is entered into under and shall be governed by and construed in accordance with the laws of the State of Texas.
MEDIATION. In the event of a dispute between the parties of this agreement, the parties or their representatives will meet promptly in an effort to resolve the dispute. All disputes relating to this agreement (not limited to breach of contract action) that are not resolved by the parties themselves shall be submitted to mediation. Before any party to this agreement may commence any legal action relating to this agreement, the party shall first submit the claim for mediation. This provision shall be specifically enforceable and damages for breach of this provision shall include but not limited to court costs and attorney’s fees.
ATTORNEY'S FEES AND INTEREST. If, on account of any breach or default by Client of any Client’s obligations hereunder, it shall be necessary for Contractor to employ an attorney to enforce or defend any of Contractor's rights or remedies hereunder, then and in that event Client agrees and covenants to pay any and all reasonable attorneys' fees and related costs incurred by Contractor, which shall in no event be less than twenty-five percent (25%) of all sums then due and owing by Client or Contractor.
Client hereby agrees and covenants to pay all invoices in accordance with Section 3 (B) herein. Any and all invoices or other charges as reflected in this Agreement which are not paid timely shall bear interest at the rate of three percent (3%) per month from and after the fifteenth day after such services have been rendered or such charges assessed, or at the maximum rate as allowed by law. In no event shall Client be liable for any interest pursuant to this Agreement in excess of maximum rate as allowed by law.