Terms and Conditions
- SERVICES AND PRICING.
- The term “Services” includes cleaning blinds, baseboards, fans, backsplashes, doors, window sills, sliding glass doors (inside and outside), easily accessible lights, front of cabinets, switch plates and unless excluded in the Proposal all rooms and all floors except basements.
- Exclusions. Excluded from the term “Services” are the interior of any oven or refrigerator and any basement. These items may be cleaned for an additional fee.
- Pricing In Proposal Is An Estimate. The Pricing set forth in the Proposal is an estimate only. The actual pricing for any specifical cleaning may vary based on the actual condition of the Property at the time of the Service. If the actual cost will exceed the Estimate by more than 25%, STW CLEANING will Notify Client prior to starting Services.
- Effect of Cancelling Services. STW CLEANING’s pricing structure is based on regular cleanings of the Property. If Client opts to skip regular cleanings under the Proposal, then STW CLEANING cannot guarantee the pricing provided in the Proposal. Clients who opt for weekly cleanings receive a discounted rate because they are committing to more frequent cleanings. As a result, if Client cancels or otherwise skips a weekly Service without rescheduling in the same week, twice in a row, STW CLEANING may charge Client the Initial Cleaning price for the next Service and thereafter charge the Client to the bi-weekly billing rate. If Client cancels or otherwise skips without rescheduling in the same time period a Bi-Weekly or Monthly Service, STW CLEANING may thereafter charge Client the Initial Cleaning rate for subsequent Service.
- Payment In Full. Client must pay by credit card or ACH transfer. This Fee is due and earned in full by STW CLEANING when STW CLEANING performs Services. By signing this Agreement, Client authorizes STW CLEANING to charge Client’s credit or debit card as payment for the Fee plus a 3% service fee. A Credit Card Processing Information sheet is attached. No refunds will be issued. Client’s payment will be processed on the Service date without further action on Client’s behalf.
- Declined Payments. Should payment processing be unsuccessful on the first attempt, STW CLEANING will process the scheduled payment the next day. Any payment declines not resolved within 3 days will incur a collection fee of $50.00.
III. CLIENT RESPONSIBITIES.
- General. Client will allow STW CLEANING and its representatives, into the residence to perform the Services on the date and time agreed by the parties.
- If Client opts to not be present during Services, Client will:
A Leave Key.
- Leave a key for the residence for STW CLEANING at a designated spot or provide STW CLEANING with the security code;
- Send STW CLEANING a picture of the key’s location;
- Ensure the key or other access is available for STW CLEANING at least 15 minutes before the Service; and
- Provide STW CLEANING directions on where to place the key when STW CLEANING has completed the Service; or.
- Provide Key.
- Provide STW CLEANING with a key that it may retain;
- STW CLEANING will retain the key in a secure location when not in use.
- STW CLEANING does not assume any liability for the security of the key or residence. STW CLEANING is not be liable for any damages or injury arising from the storage of the key and third-party misuse of the key provided STW CLEANING follows Client’s instructions regarding the use and disposition of the key and STW CLEANING is not grossly negligent.
- Pets. Client is responsible for ensuring Client’s pets are confined or otherwise located outside areas STW CLEANING will need to access to perform the Services and that the animals pose no threat to STW CLEANING’s employees. Client will indemnify, defend and hold harmless STW CLEANING from all claims, damages and liability including all costs and legal fees related to any acts or occurrences related to Client’s pets or other animals.
- Notice of Irreplicable Status. Client will notify STW CLEANING in writing if any item is deemed valuable, precious, of sentimental value or irreplaceable or otherwise needs extra care prior to the start of Services or upon bringing the item into the household if it is brought into the household after Services commence.
- Client to Secure Certain Items. Client is responsible for securing all items valued over $250 or items of sentimental value prior to each Service. While STW CLEANING uses all reasonable care possible accidents may occur. As a result, STW CLEANING is not responsible for the loss or damage to these or loss of these items if Client has not secured these items prior to Service.
TERMINATION OF CONTRACT AND REMEDIES
- Termination for Convenience. Either Party may terminate this Agreement upon 10 day’s prior written notice.
- Termination for Breach. STW CLEANING, in addition to any other rights set forth in this Agreement or at law or equity, has the right to immediately terminate Services by giving written Notice to the Client, email notice being sufficient, upon the occurrence of the following events with respect to the Client:
- Failure to make payment when due;
- The filing for relief under Chapter 7 of the United States Bankruptcy Code, whether voluntary or involuntary, or the appointment of a receiver for the other party where the bankruptcy or receivership is not dismissed within 30 days of filing;
- Breach of this agreement by the Client;
- C. Payments. In the event of termination of Services or the Agreement, the Client will pay all amounts outstanding to STW CLEANING within 5 days of the termination of Services.
- Refunds. No refunds will be issued.
- Declined Payments and Suspension of Services. If STW CLEANING is unable to process Client’s payment as set forth in Section II(B), then will immediately cease all Services, and the balance of the Fee, any collection or cancellation fees and any legal fees and costs will be due in full before the Services will resume. Declined payments or the termination of the Services do not relieve the Client of Client’s obligation to pay the Fees in full.
LIMITATION AND RELEASE OF LIABILITY.
- Release Of Liability. Client accepts all risks, foreseeable or unforeseeable, arising from STW CLEANING’s Services. Client remises, releases, acquits, and forever discharges the Releasees of and from all known or unknown, existing or future claims including any claims for damages, interest, penalties, legal fees and all other actions, third-party actions, causes of action, or suits at law or in equity, including claims for contribution, indemnity, negligence, or direct, indirect, incidental, special, punitive, consequential or exemplary damages related to the use or misuse of the Services, or because of any matter or thing done, omitted, or suffered to be done, for or related to Client’s use or reliance upon the information provided as part of the Services. This release is made with advice of counsel or after knowingly declining advice of counsel. “Releasees” means STW CLEANING, its owners, agents, officers, directors, employees, trustees, representatives, attorneys, related entities, affiliates, and successors and assigns.
- Special or Indirect Damages. RELEASEES ARE NOT AND WILL NOT BE LIABLE FOR ANY INDRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT, including but not limited to lost profits, lost revenues, lost sales, failure to realize expected savings, loss of data, delays, non-delivery, misdeliveries, service interruptions, tax interest or tax penalties, damage due to lost reputation or other commercial or economic losses of any kind.
- Limitation Of Any Non-Released Liability. If a Court of competent jurisdiction determines that despite the release in Section V(A), the Releasees or any one of them is liable to Client then Client’s damages are limited to the lesser of: (1) Total amount of the Fees for the month prior to the action giving rise to liability; or (2) $295.
- Limitation on time to bring claims. All claims against the Releasees on any theory of liability must be lodged with the entity having jurisdiction within 100-days of the date the claim first accrues or otherwise the claim will be forever barred.
- ASSIGNABILITY. Client will not assign this Agreement without STW CLEANING’s prior written consent. STW CLEANING may assign this Agreement to any subsidiary or related-entity, or as part of the sale of all or substantially STW CLEANING’s assets.
VII. GENERAL PROVISIONS.
- A. Entire Agreement. This Agreement, comprising the Agreement and these Terms and Conditions, constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all prior oral and written understandings and agreements relating to such subject matter. This Agreement may not be amended except by a writing executed by all of the parties hereto
- Contract Formation. If STW CLEANING commences Services based on the Client’s instructions prior to Client’s execution of the Proposal/Agreement, the Client will be responsible for Services at the rates and terms set forth in the Proposal and Terms and Conditions.
- Record Retention. STW CLEANING retains records, documents, information and data acquired or shared during the term of the STW CLEANING-Client relationship for a period of 12 months after the termination of STW CLEANING’s Services. after which the STW CLEANING may destroy the records without further notice to the Client. These records will be maintained by the STW CLEANING in a format of the STW CLEANING’s choice (print or digital/electronic).
- D. Provisions Subject to Applicable Law. All provisions of this Agreement will be applicable only to the extent that they do not violate any applicable law and are intended to be limited to the extent necessary so that they will not render this Agreement invalid, illegal or unenforceable under any applicable law. If any provision, clause, terms, or words of this Agreement or any application thereof will be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of other provisions, clauses, terms or words of this Agreement or of any other application of such provision will in no way be affected thereby.
- E. Waiver of Rights. No delay or failure by either party to exercise any right hereunder and no partial exercise of any such right will constitute a waiver of that or any other right unless otherwise expressly provided herein. Termination of this Agreement by either party is without prejudice to pursuit of any rights or remedies under this Agreement.
- Counterparts and Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. Electronic digitized signatures are representations of that party’s signature and are legally valid and binding as if that party had signed the document with ink on paper. Signing with an input device such as a mouse, stylus or finger is legally equivalent to signing with a pen on paper. A facsimile, electronically transmitted via PDF/email transmission, or similar copy of a handwritten signature or an electronic signature has the same effect of an original signature; and signature pages to this Agreement may be delivered by electronic transmission and are as binding as original counterparts.
- Governing Laws and Forum. This Agreement will be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Virginia regardless of the site of the Services. The parties hereto further agree that any action brought to enforce any right or obligation under this Agreement will be subject to the exclusive jurisdiction and venue in the local and Federal courts for Fairfax County. Virginia and the parties irrevocably consent to this exclusive jurisdiction and venue.
- Force Majeure. No party will be liable or responsible to the other Party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent this failure or delay is caused by or results from acts beyond the affected party’s reasonable control, including, without limitation: (a) acts of God and natural disasters; (b) flood, fire, or explosion; (c) war, invasion, riot, or other civil unrest; (d) actions, embargoes, or blockades in effect on or after the date of this Agreement; (e) national or regional emergency; (f) strikes, labor stoppages, or slowdowns or other industrial disturbances; (g) compliance with any law or governmental order, rule, regulation, or direction, or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota, or other restriction or prohibition, failing to grant a necessary license or consent or placing limits on gatherings; (h) shortage of adequate power or telecommunications or transportation facilities; (i) inability to secure labor; (j) pandemic or epidemic, or (k) any other event that is beyond the reasonable control of such party (each of the foregoing, a “Force Majeure Event”). If STW CLEANING cannot provide Services due to a Force Majeure Event and it reasonably believes the Force Majeure Event will continue for at least 30 days, then STW CLEANING may cancel the Agreement without penalty to either Party.
- No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other third party any legal or equitable right, benefit, or remedy of any nature whatsoever, under or by reason of this Agreement.
- Cumulative Rights. The Parties’ rights under this Agreement are cumulative and will not be construed to limit other remedies unless those remedies are precluded as a matter of law.
- Attorney’s Fees And Interest. If STW CLEANING is required to use legal process to recover any fees due, whether or not litigation is filed, Client will reimburse STW CLEANING for any costs associated therewith, including reasonable attorney’s fees, and interest at 18% per annum on all amounts deemed due and owing (including costs, expenses and attorney’s fees), which interest accrues from the date of the claim until fully paid. Any judgment or award will to the extent allowed by law contain a provision for the recovery of any subsequently incurred costs, expenses and actual attorney’s fees arising out of the collection of the judgment or award. The termination of this Agreement does not release Client from any obligations under this Section L of the Terms.
- Joint Drafting. The Parties acknowledge that the terms of this Agreement arose from negotiations and discussions between the Parties, each of whom were or had the option to be represented by legal counsel. Accordingly, no claimed ambiguity in this Agreement shall be construed against either Party claimed to have drafted or proposed the language in question, and any court reviewing this Agreement shall treat its language as if it had been chosen by both Parties.
- Headings. The headings in this Agreement are for convenience of reference only and have no legal meaning, force or effect.
- N. Any notices permitted or required under this Agreement will be deemed given upon the date of personal delivery or 48 hours after deposit in the United States mail, postage fully prepaid, return receipt requested at the address set forth in the Agreement for the Parties with a copy (which shall not constitute notice) to Nancy D. Greene, Esquire, N D Greene PC, 3977 Chain Bridge Rd, Suite 1, Fairfax, VA 22030 for STW CLEANING.
- Survival. Notwithstanding anything to the contrary herein, Sections II, III (B), IV(E), V, VII(G), (H), (I), (K)- (O) and VIII are intended to survive termination of this Agreement.
VIII. WAIVER OF JURY TRIAL. The parties waive all rights to a trial by jury in any action, counterclaim, or proceeding based upon, or related to, the subject of this Agreement. This waiver applies to all claims against all parties to the actions or proceedings, including individuals or entities who are not parties to this Agreement. This waiver is knowingly, intentionally, and voluntarily made by the parties and each acknowledges that neither the other parties hereto, nor any person acting on their behalf has made any representations of fact to induce this waiver of trial by jury or to modify or nullify its effect. The parties have read and understand the meaning and ramifications of this waiver provision.