Care Plan Agreement


THIS CARE PLAN AGREEMENT (the "Agreement")  dated

BETWEEN:

  OF
(the "Client")

- AND -

Masterservices Marine Pty Ltd of Shop4, D'Albora Marina, 1b New Beach Road, Darling Point, NSW, 2027
(the "Contractor").

BACKGROUND:

  1. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
  2. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
  3. The Care Plan is designed to provide comprehensive, ongoing care for your vessel, ensuring it remains in optimal condition year-round. The services included in the Care Plan are tailored by you to meet the unique needs of each boat and owner, offering a range of services that can be customized to fit your specific requirements.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

  • Services Provided
    • The Client hereby agrees to engage the Contractor to provide the Client with services (the "Services") consisting of:
      • Care Plan
        The specifics of the Care Plan will be detailed according to the WooCommerce cart items selected by the Client and associated with the Client's purchase, which can be found under "Subscriptions" in the Client's account.

  • Term of Agreement
    • The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services after 12 Months, subject to earlier termination as provided in this Agreement.
    • The Term of this Agreement may be extended by mutual written agreement of the Parties.
    • In the event that either Party wishes to terminate this Agreement prior to completion of the Services, that Party will be required to provide at least 30 days' notice to the other Party.

  • Performance
    • The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
  • Currency
    • Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in Australian Dollars.

  • Compensation
    • For the services rendered by the Contractor as required by this Agreement, the Client will provide compensation (the "Compensation") to the Contractor at the rate detailed according to the WooCommerce cart items selected by the Client and associated with the Client's purchase, which can be found under "Subscriptions" in the Client's account.
    • The Compensation will be payable on a monthly basis, while this Agreement is in force.
    • If the cut, polish, and wax service is selected, it will be performed after 5 months from the commencement of the agreement, unless a two-month security deposit is paid. The security deposit will be refunded by not charging the Client for the last two months of the subscription.
    • The above Compensation includes all applicable sales tax, and duties as required by law.

  • Termination and Consequences
    • If the Agreement is terminated before 5 months, the Client will be billed for the Teak Treatment, Teak Oil, and Metal Polish, at their full price, quantified by how many times these services have been provided regardless of any discounts or promotions that may have applied at the time of purchase.

  • Capacity/Independent Contractor
    • In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

  • Notice
    • All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows:
      • Email: Admin@masterservices.com.au
      • Masterservices Marine Pty Ltd
        Shop4, D'Albora Marina, 1b New Beach Road, Darling Point, NSW, 2027
      • or to such other address as any Party may from time to time notify the other.

  • Australian Business Number (ABN)
    • Masterservices Marine Pty Ltd: 68 649 644 468

Indemnification

Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

Insurance

The Contractor will be required to maintain general liability insurance including coverage for bodily injury and property damage at a level that would be considered reasonable in the industry of the Contractor based on the risk associated with the characteristics of this Agreement and only to the extent permitted by law. All insurance policies will remain materially unchanged for the duration of this Agreement.

Legal Expenses

In the event that legal action is brought to enforce or interpret any term of this Agreement, the prevailing Party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action.

Modification of Agreement

Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

Time of the Essence

Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

Assignment

The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

Entire Agreement

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

Enurement

This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted assigns.

Titles/Headings

Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

Gender

Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law

It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of New South Wales, without regard to the jurisdiction in which any action or special proceeding may be instituted.

Severability

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in 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 a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this date

 

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Signed by Marcello Valentini
Signed On: 07/11/2023


Signature Certificate
Document name: Care Plan Agreement
lock iconUnique Document ID: 9e3fd0f2a83f648f0fd1a20f98788c40c786dc08
Timestamp Audit
03/11/2023 12:04 PM AESTCare Plan Agreement Uploaded by Marcello Valentini - admin@masterservices.com.au IP 203.40.24.44