Terms of service.
BACKGROUND
A. The Client desires to engage the Contractor to provide cleaning services, and the Contractor has the requisite qualifications and experience to provide such services.
B. The Contractor agrees to provide the services to the Client under the terms and conditions set forth in this Agreement.
AGREEMENT
In consideration of the mutual covenants and promises herein contained, the Client and the Contractor (individually a "Party" and collectively the "Parties") agree as follows:
1. SERVICES PROVIDED
The Contractor will deliver the following cleaning services (the "Services"):
Eco-Friendly Cleaning Services.
(a.) Hourly Work:
For hourly work, the Services will encompass any additional cleaning tasks mutually agreed upon by the Parties before the start of the service. These tasks will be detailed and incorporated into the final scope of work. Any modifications or extra tasks requested by the Client will incur additional hourly charges as pre-determined.
(b.) Recurring Cleaning Services:
For recurring cleaning services, the scope of work will be based on a checklist maintained by Cleaning Buddha LLC, which details the standard tasks performed at each visit. This checklist is available upon request and will guide the recurring services provided. Requests for changes or additional tasks by the Client will require a new quote and may lead to adjustments in the Service charges.
2. TERM OF AGREEMENT
This Agreement will commence on the Effective Date and remain in effect until terminated by either Party. The Contractor may terminate this Agreement at any time, with or without cause, by providing written notice to the Client. The Client may terminate the Agreement by providing thirty (30) days' written notice to the Contractor. Upon termination by either Party, any outstanding charges for Services rendered up to the termination date will become immediately due. Provisions relating to confidentiality, indemnification, and payment obligations will survive the termination of this Agreement.
3. PERFORMANCE
Each Party agrees to perform its obligations under this Agreement diligently and in good faith.
4. CURRENCY
All monetary amounts referred to in this Agreement are in U.S. Dollars (USD).
5. COMPENSATION
The Contractor will provide an initial estimate of the total cost for the Services based on the information available and the scope of Services agreed upon at the time of scheduling. However, the final cost may vary at the Contractor’s discretion if there are changes in the scope of Services, additional tasks requested, or updates to the information provided by the Client. The Client will be informed of any adjustments to the total cost before the Services are performed. Payment terms and any final pricing adjustments will be detailed in the invoice issued upon completion of the Services.
A deposit of $50.00 (the "Deposit") is due upon execution of this Agreement.
The remaining balance due for the Services will be invoiced upon completion. Payment is required within forty-eight (48) hours from the receipt of the invoice. Should the Client fail to remit payment within this period, the Client hereby authorizes Cleaning Buddha LLC to charge the credit card on file, previously used for the deposit payment, for the full invoice amount. Cleaning Buddha LLC retains the right to charge the credit card on file for any outstanding balance due under this Agreement.
If the Client terminates the Agreement before completion but after partial performance, the Contractor is entitled to pro rata payment for the Services performed up to the termination date.
The Contractor will not be reimbursed for any expenses incurred in connection with the Services except as expressly provided in this Agreement.
6. INTEREST ON LATE PAYMENTS
Any overdue amounts will accrue interest at a rate of 25.00% per month or the maximum rate allowable by law, whichever is higher.
7. CONFIDENTIALITY
Confidential Information includes any proprietary data or information related to the Client’s business. The Contractor agrees not to disclose or use any Confidential Information for any purpose other than as authorized by the Client or required by law. This obligation survives the termination of this Agreement.
8. CAPACITY/INDEPENDENT CONTRACTOR
The Contractor is an independent contractor and not an employee of the Client. This Agreement does not create a partnership or joint venture. The Contractor is responsible for all taxes and benefits related to their work.
9. AUTONOMY
The Contractor will have full control over the methods and decisions in providing the Services, though they will respond to the Client’s reasonable needs and concerns.
10. EQUIPMENT
The Contractor will provide all necessary equipment, supplies, and materials required to perform the Services at their own expense.
11. NO EXCLUSIVITY
This Agreement is non-exclusive, and either Party may engage other parties for similar services during and after the Term.
12. NOTICE
All notices, requests, demands, or other communications required or permitted under this Agreement will be sent electronically to the Parties at the email addresses provided below, or to any other email address designated by either Party. Notices will be deemed delivered:
(a) Immediately upon being sent via email, provided no delivery failure notification is received.
13. INDEMNIFICATION
Each Party agrees to indemnify and hold harmless the other Party and its affiliates from any claims, losses, damages, liabilities, and expenses arising from their acts or omissions in connection with this Agreement. This indemnification obligation survives the termination of this Agreement.
14. MODIFICATION OF AGREEMENT
Any amendment or modification to this Agreement must be in writing and signed by both Parties.
15. TIME OF THE ESSENCE
Time is of the essence in this Agreement. No extension or variation will be considered a waiver of this provision.
16. ASSIGNMENT
The Contractor may not assign or transfer their obligations under this Agreement without the prior written consent of the Client.
17. ENUREMENT
This Agreement will be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, and permitted successors and assigns.
18. TITLES/HEADINGS
Headings are for convenience only and do not affect the interpretation of this Agreement.
19. GOVERNING LAW
This Agreement will be governed by and construed in accordance with the laws of the State of Oregon & Washington.
20. SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
21. WAIVER
A waiver of any breach or default will not be construed as a waiver of any subsequent breach or default.
22. PLATFORM SERVICE FEES
The Client acknowledges and agrees that any service fees associated with the platform through which they found and engaged our cleaning services, including but not limited to Thumbtack, HomeAdvisor, and Angie's List, shall be the Client's responsibility. By signing this agreement, the Client agrees to pay any applicable fees charged by the platform used to facilitate the service request. Such fees will be outlined in the final invoice.
23. LATE ARRIVAL AND DEPOSIT FORFEITURE POLICY
(a) Late Arrival: If the Client fails to provide access to the premises within one (1) hour of the agreed-upon start time for the scheduled cleaning service, the deposit will be forfeited.
(b) Notification and Rescheduling: The Client must notify the Contractor of any expected delays as soon as possible. The Contractor reserves the right to adjust the service schedule based on the delay. If the Client provides timely notice of the delay, the Contractor may, at their discretion, reschedule the service to a later time or date. Any additional costs incurred due to rescheduling will be the responsibility of the Client.
(c) Deposit Handling: The forfeited deposit will be retained by the Contractor as compensation for lost time and potential scheduling conflicts.
(d) Exceptions: The Contractor may evaluate each situation on a case-by-case basis and may choose to waive the deposit forfeiture under extenuating circumstances.
24. PHOTOGRAPHY AND QUALITY ASSURANCE
The Contractor reserves the right to take before-and-after photos of the premises for quality assurance purposes and internal audits. These photos may also be used for social media or marketing purposes unless the Client specifically requests in writing that no photos be shared publicly.
25. RECURRING CLEANING POLICIES
(a) Rescheduling Within 7 Days:
If you need to reschedule your recurring cleaning to a date within seven (7) days of the originally scheduled time, we’re happy to accommodate this at no extra charge. However, this courtesy is limited to four (4) occurrences per calendar year. Beyond this limit, a 25% fee will be applied to the next cleaning.
(b) Skipping a Cleaning:
If you choose to skip a scheduled cleaning entirely, a 25% fee will be added to the invoice for your next cleaning.
(c) Extended Gaps Between Cleanings:
If there is a gap of more than thirty (30) days between your cleanings, a Reset Clean will be required. This service, also referred to as a Homeostasis Clean, is similar to the initial cleaning performed when starting services. It is designed to restore your home to a manageable and maintainable state. Reset Cleans are billed at an hourly rate of $75/hour and typically take 3-4 hours, depending on the size and condition of the home.
(d) Reason for Reset Clean:
The Reset Clean ensures we can stay true to the pricing we initially quoted for your recurring services, preventing discrepancies caused by extended time between visits.