These Terms of Service ("Terms") govern your use of our facilities management services ("Services") provided by Proportional Facilities Management Solutions ("Company," "we," "our," or "us"). By engaging with our Services, you agree to these Terms. If you do not agree with these Terms, please do not use our Services.1. Services Provided
1.1 Our Services include, but are not limited to:
Onsite Facility Maintenance Services
Monthly Facilities Inspection & Reporting
Facility-Vendor Contract Management
24/7 Monitoring via Wi-Fi-connected Devices
Inventory Management
Facility Maintenance Program Management
24/7 FM Access
1.2 Detailed descriptions of each service can be found in the Scope of Services document provided separately.
2. Service Agreement
2.1 Contract Term: Contracted pricing reflects discounted rates for services provided under a 12-month service agreement with recurring monthly commitments. Non-contracted rates apply to one-time or ad hoc services without a long-term commitment.
2.2 Service Fees: Fees for our Services will be outlined in the Service Agreement and are subject to change based on additional services or adjustments required during the contract term. All pricing details will be provided upfront.
2.3 Payment Terms: Payments are due as specified in the Service Agreement. Invoices will be issued on a monthly basis, and payment is due within 10 days of receipt. Late payments may incur additional fees.
2.4 Auto-Renewal: Upon the expiration of the initial contract term, the agreement will automatically renew for an additional 12 months unless either party provides written notice of intent to terminate or renegotiate at least 30 days prior to the renewal date.
2.5 Amendments: Any changes to this agreement must be made in writing and agreed upon by both parties.
3. Client Responsibilities
3.1 Access: You agree to provide us with reasonable access to your facilities as required for the delivery of our Services.
3.2 Cooperation: You agree to cooperate with our team and provide necessary information or documentation needed to perform our Services effectively.
3.3 Reporting Issues: You agree to promptly report any issues or concerns related to our Services.
4. Company Responsibilities
4.1 Service Delivery: We commit to providing our Services in a professional and timely manner according to industry standards and the terms specified in the Service Agreement.
4.2 Compliance: We will ensure that our Services comply with all relevant regulations and industry best practices.
5. Confidentiality
5.1 Confidential Information: Both parties agree to maintain the confidentiality of any sensitive or proprietary information shared during the course of our engagement.
5.2 Use of Information: We will use your information solely for the purpose of providing our Services and will not disclose it to third parties without your consent.
6. Limitation of Liability
6.1 Limitation: Our liability for any claim arising out of or related to our Services is limited to the total amount paid for the specific Services giving rise to the claim.
6.2 Exclusions: We are not liable for any indirect, incidental, or consequential damages arising from the use of our Services.
7. Termination
7.1 Termination by Client: The Client may terminate this Agreement only if Proportional FM fails to meet the agreed-upon outcomes as specified in the Scope of Work. Written notice detailing the unmet outcomes must be provided, and Proportional FM shall have [30 days] to address the concerns before termination takes effect.
7.2 Termination by Company: Proportional FM may terminate this Agreement with [30 days’] written notice in cases of non-payment, breach of terms, or other justifiable reasons.
7.3 Effect of Termination: Upon termination, you are responsible for paying any outstanding fees up to the termination date.
8. Dispute Resolution
8.1 Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Texas.
8.2 Dispute Resolution: Both parties agree to resolve disputes amicably through negotiation. If a resolution cannot be reached, disputes may be escalated to mediation or arbitration, as agreed upon. Neither party shall sue the other for disputes arising out of the services provided under this agreement, except in cases of gross negligence or willful misconduct.
9. Amendments
9.1 Changes: We reserve the right to amend these Terms at any time. Any changes will be communicated to you, and continued use of our Services constitutes acceptance of the updated Terms.
10. Privacy Policy
10.1 Information Collection: We may collect personal information such as your name, contact details, and facility data as part of providing our Services. This information is collected through direct interactions, website usage, and communication with you.
10.2 Use of Information: The information we collect is used solely for the purpose of delivering our Services, including scheduling maintenance, responding to issues, and managing contracts. We may also use your data to improve our Services and for internal business purposes.
10.3 Data Sharing: We do not sell, rent, or share your personal information with third parties unless required to do so by law or necessary to fulfill our service obligations (such as working with approved vendors). In such cases, we will ensure that your information is treated with the utmost confidentiality.
10.4 Data Security: We implement commercially reasonable measures to protect your personal information from unauthorized access, loss, or misuse. However, we cannot guarantee absolute security due to the nature of internet-based systems.
10.5 Retention: Your information will be retained for as long as needed to fulfill the purposes outlined in this policy, or as required by law.
10.6 Your Rights: You have the right to access, correct, or request deletion of your personal data. If you wish to exercise these rights or have any questions about our data practices, please contact us.
By engaging our Services, you acknowledge that you have read, understood, and agree to our Privacy Policy.
11. Contact Information
For any questions or concerns about these Terms or our Services, please contact us at:
Email: ProportionalFM@Gmail.com
Acceptance:
By using our Services, you acknowledge that you have read, understood, and agree to these Terms of Service.