- Acceptance of Terms:
Acceptance of Terms: Client knows and accepts that, even if Client does not return this completed Agreement to Agency, Client’s employment or utilization of the services of a Housekeeper referred by Agency shall indicate Client’s acceptance of the terms and conditions of this Agreement. When you sign up to use our services, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of this Service Agreement, the terms of the click-through agreement will supplement or amend this Service Agreement, but only with respect to the matters governed by the “click-through agreement.”
- Booking a Service: SCHEDULING
Appointments for cleaning are made over the phone or via the website. Prices are determined by the Client’s description of the services required. These services are provided in accordance with the website’s 70-Point Checklist and the Client’s description. Priorities and standards for cleanings must be specified at the time the service is scheduled. If the Housekeeper reports inaccuracies in the description of the cleaning provided by the Client, the Housekeeper will inform the Agency and the cleaning will either be canceled or an additional charge will be applied. If more time is required to complete the job indicated, I-Shine Cleaning will charge the Client an additional 65 dollars for each hour the Housekeeper is required to complete that work.
Under California law, I-Shine Cleaning Inc. has the legal right to refuse service to anyone for any reason. Without incurring any liability, I-Shine retains the right to cancel or postpone a reservation. The service is booked through the website www.Heromaid.com.
Payment is due after the service has been scheduled. A valid credit card may be provided by the client for billing purposes. The client is responsible for the whole cost of the services requested by I-Shine Cleaning Inc. and agrees to pay the full cost of those services. The client agrees to pay the Agency a Referral Fee as long as the Housekeeper’s services are retained or used in any other way. In the event that Client’s payment is returned by the institution on which it is drawn for whatever reason, Client shall pay Agency a $35 service charge.
I-Shine Cleaning Inc. accepts MasterCard, Visa, or electronic transfer PayPal, Zelle when scheduling the cleaning. I-Shine Cleaning Inc. must keep a credit card number on file or any form of payment means. Unless informed by local I-Shine Cleaning Inc. with an alternate method of payment, your account will be charged the balance due, plus any costs, after the cleaning service has been rendered.
After the services have been performed, payment is due. Payment failure or delay is assessed at a rate of 5% per day, plus administrative expenses.
- Events of Default:
If you are in default of your responsibilities under the aforementioned written contract as a consequence of obtaining full payment, you have three (3) days to correct the situation. If you do not correct the default within the period provided, I shall take additional steps to safeguard the company’s interests. This notification reserves all of the company’s rights.
- A courteous call will be made on the first attempt within the day of charge for services rendered.
- On the second try, a courtesy invoice due to notice will be sent to the email address on file.
- On the third attempt, written notification will be mailed to your address on file, together with a copy of the invoice.
- As the last notification, the firm will send you a certified letter to the address supplied for the service.
- The file will be forwarded to a collection agency 30 days after the cleaning service is done.
- According to corporate policy, if a client is in default of payment, the firm maintains the right to deny future bookings until the default amount is paid.
Failure to notify I-Shine Cleaning Inc. twenty-four (24) hours in advance of any service cancellation will result in a $50 cancellation fee being charged for the scheduled visit. The cost of a recurring service is reduced. If the Client chooses to discontinue recurring service after only one cleaning, Client will be charged the usual One-Time Cleaning fees.
Please provide parking convenient for the Service Providers. If Service Providers must leave due to parking issues, the appointment will be considered “canceled,” and a $50 cancellation fee will be charged.
- Arriving window:
For Service Providers, there is a 1-2 hour arrival window. We cannot promise exact arrival times due to a variety of circumstances such as traffic, finding new homes, and finding parking, hauling in equipment, and traveling from one home to another. The Service Providers make every effort to arrive at the start of the arrival window. We will tell the consumer if they require an arrival adjustment.
- Lock Out or No-Show:
It is the Client’s obligation to guarantee that cleaning access is available. There will be a $50 lock-out fee if the Client is not available or other access arrangements have not been arranged and the Housekeeper is unable to enter. The Client must provide I-Shine Cleaning Inc. with the form of access granted to the Housekeeper.
- Housekeeper Performance:
All first-time customers will be told that their first meeting will include an initial and final walkthrough. This is to guarantee that the service is satisfactory. If a walkthrough is canceled due to unforeseen circumstances, the agency will not provide a refund or free touchup. If the Client is not completely satisfied with the housekeeping services performed, the Agency must be alerted no later than 48 hours after the service has been completed. We can then notify the Housekeeper of your concerns and arrange for them to return to the subject property within 24 hours of your contact, free of charge, to re-clean the areas that were not completed to your satisfaction. If the Agency is contacted more than 48 hours after completion of the service, all additional housekeeping services will be subject to standard charges and is dealt with on a case-by-case basis
- In-Home Time (Labor Hours):
Housekeepers are frequently allocated to jobs as a single cleaner. Two cleaners may be assigned to a job in specific conditions. Please keep in mind if more than one person is assigned to work, the reported time in labor hours required to complete the task decreases. For example, if you scheduled a five-hour labor service and assigned two service providers, the total time spent cleaning your home will be two and a half hours.
- Direct Hiring Prohibited:
The Client agrees not to engage the services of any referred Housekeeper without informing I-Shine Cleaning Inc. of the scheduled services during the course of this Agreement and for a period of nine (9) months after termination of services. The client agrees to pay I-Shine Cleaning Inc. $2,500 as a finder’s fee if services are started or new services are offered without informing Agency (I-Shine Cleaning Inc.).
- Performance of Services:
Without the guidance, control, or supervision of the Agency, the Housekeeper certifies that he or she has the credentials, skill, and expertise to perform the services requested by and rendered to the Client. The Housekeeper is exclusively accountable for the quality of the services to be provided to the Client. If a Client complains about the quality of services offered or work performed, or about damage, theft, or any other problem that occurred while the Housekeeper was providing service, it is the Housekeeper’s entire obligation to settle the situation directly with the Client. If Agency receives any such complaints or concerns, Agency commits to promptly notify the Housekeepers so that he or she can settle the situation directly with the Client. The client agrees to hold Agency harmless from and against any and all claims, losses, expenses, fees, liabilities, damages, or other injuries resulting from the Housekeeper’s acts or inadequate performance.
- Independent Domestic Worker:
The domestic worker referred to the Client is not employed by the Agency. The client acknowledges that, depending on the nature of the professional connection created with the suggested Housekeeper, she or he may have employer duties and so be liable for payment of State and/or Federal employment taxes paid during and throughout the engagement. The client also acknowledges that Agency is not liable for any claims, losses, costs, fees, liabilities, damages, or injuries arising from Client’s failure to pay any such taxes, and Client agrees to indemnify Agency from and against any such claims, losses, costs, fees, liabilities, damages, or injuries.
Each Housekeeper is responsible for bringing their own cleaning supplies. I-Shine Cleaning makes no guarantees or endorsements regarding cleaning materials or cleaners. If the Client requests specialized cleaning products, the Agency must be notified in order for the Housekeeper to be informed.
Our liability limits are set at $500 a maximum. Notification must be made within 48 hours of service. Key replacement/locksmith fees are paid only if keys are lost or miscoded. There is a $100 per location liability limit for key replacement and/or locksmith services.
If scheduled cleaning falls on a holiday that I-Shine Cleaning Inc. observes, I-Shine Cleaning Inc. will contact the Client to reschedule the service if Housekeepers are not available.
- Gratuity: I-Shine Cleaning Inc. never requests gratuities from clients. This is entirely up to the Client’s discretion. All gratuities offered to the Housekeeper are entirely for the Housekeeper’s benefit, with no portion of this money going to I-Shine Cleaning Inc.
- Termination: For whatever reason, the Client maintains the right to replace or dismiss the Housekeeper.
- Gift Certificate/Gift Cards:
Gift Certificates are non-transferable and non-refundable. Gift cards are non-refundable, non-transferable, and non-refundable except as required by law. We do not impose service or dormancy fees on gift certificates issued by I-Shine Cleaning Inc. Please visit www.Heromaid.com/mygiftcard to view your gift certificate balance.
- Attorney’s Fees:
If there is a dispute relating to any provisions in this Contract, the prevailing party is entitled to, and the non-prevailing party shall pay, the cost and expenses incurred by the prevailing party in the dispute, including but not limited to all out-of-pocket costs of collection, court costs, and reasonable attorney fees and expenses.
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 3 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.
- Force Majeure:
If the 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 unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the ensued 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 natural emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplies 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 or a party if a party is committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
- Dispute Resolutions:
The parties will attempt to resolve any dispute arising out of or relating to this Agreement 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 Agreement 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.
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.
This Contract may be modified or amended in writing by mutual agreement between the parties if the writing is signed by the party obligated under the amendment.
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 fourth in the opening paragraph, or to such other address as one party may have furnished to the other in writing.
- Waive 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.
- 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.
- Governing Law/ Jurisdiction:
The laws of the State of California shall govern and be construed in line with this Agreement. Any action or procedure arising out of or relating to this Agreement or its topics must be filed in Fresno County, California.
Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party; for which approval shall not be unreasonably withheld.
- Consent for Use of Electronic Signatures:
This Agreement may be signed in original, facsimile, or electronic form, each of which, once affixed, is considered an original and enforceable against the executing party.
Definitions of terms:
- Client: Customer signing up for service from I-Shine Cleaning Inc.
- Agency: I-Shine Cleaning Inc.
- Housekeeper or Service Provider: Independent contractors working with I-Shine Cleaning Inc. as a housekeeper.