Terms & Conditions
General Contract for Services - Last updated: January 2025
Agreement to Terms
By accessing and using the services of The Crack Squad LLC ("Provider"), you ("Recipient") accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by the above, please do not use this service.
1. Description of Services
Beginning on the Effective Date, the Provider will provide to the Recipient the following services (collectively, "Services"):
Fully inject and seal the cracks in the poured walls/concrete floors/pipe penetrations of the home in the areas agreed upon between The Customer and The Crack Squad LLC. Any additional cracks discovered upon arrival or requested after arrival will be injected at an additional agreed upon cost.
2. Payment
Payment shall be made to the Provider in the total amount of $______________ upon completion of the Services.
In addition to any other right or remedy provided by law, if the Recipient fails to pay for the Services when due, the Provider has the option to treat such failure to pay as a material breach of this Contract and may cancel this Contract and/or seek legal remedies.
3. Term
This Contract will terminate automatically upon completion by the Provider of the Services required by this Contract.
4. Warranty
The Provider shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in the Provider's community. A separate warranty will be issued to the Recipient upon completion of the agreed upon Services and once the Provider has been paid in full.
5. Default
The occurrence of any of the following shall constitute a material default under this Contract:
- (a) The failure to make a required payment when due.
- (b) The insolvency or bankruptcy of either party.
- (c) The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application, or sale for or by any creditor or government agency.
- (d) The failure to make available or deliver the Services in the time and manner provided for in this Contract.
6. Remedies
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term, or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
7. Force Majeure
If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party who is unable to carry out its obligations and gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease, or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm, or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party or its employees, officers, agents, or affiliates.
8. Dispute Resolution
The parties will attempt to resolve any dispute arising out of or relating to this Contract through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Contract will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
9. Entire Agreement
This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
10. Severability
If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable but that by limiting such provision, it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
General Contract for Services
Additional Terms and Conditions
11. Amendment
This Contract may be modified or amended if the amendment is made in writing and is signed by both parties.
12. Governing Law
This Contract shall be construed in accordance with the laws of Michigan.
13. Notice
Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
14. Waiver of Contractual Right
The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
15. Attorney's Fees and Collection Costs
If there is dispute relating to any provisions in this Contract, the "Provider" is entitled to, and the "Recipient" shall pay, the costs and expenses incurred by the "Provider" in the dispute, including but not limited to all out-of-pocket costs of collection, court costs, and reasonable attorney fees and expenses.
16. Construction and Interpretation
The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
17. Assignment
Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, whose consent shall not be unreasonably withheld.
Cancellation Policy
Important: Cancellations made within 48 hours of the scheduled time and date will be subject to a 10% fee or loss of the deposit. Any rescheduling made within 48 hours of the scheduled time and date will be subject to a $50 reappointment fee. Any rescheduling or cancellation made prior to 48 hrs will be processed without penalty.
Contact Information
If you have any questions about these Terms & Conditions, please contact us at:
The Crack Squad LLC
Email: support@thecracksquad.com
Phone: 269-289-4600
Changes to Terms
We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services constitutes acceptance of any changes.