Terms and Conditions
STANDARD TERMS AND CONDITIONS FOR BRILLIANT MAIDS LLC
Please take some time to review this Agreement. Use of our services constitutes your acceptance of these terms and conditions. By ordering Brilliant Maids Cleaning Services LLC services by telephone, e-mail, fax or its website the Client agrees to be bound by Brilliant Maids Cleaning Services LLC terms and conditions. 1. DEFINITIONS In relation to the proposal or quote (the “Proposal”) for cleaning services (the Service”) given to the Client by Brilliant Maids (both the Client and the service provider are referred to as the “Parties”), the Client accepts the Proposal and the following terms and conditions (the “Agreement”). Brilliant Maids agrees to provide residential and commercial cleaning services (the “Service”) at an address specified by the Customer (the “Premises”). 2. DESCRIPTION OF WORK – CLEANING SERVICES 1. Subject to the terms of this Agreement, Brilliant Maids agrees to provide residential and/or commercial cleaning services to the Customer at an address specified by the Customer. 2. The Service will be for such cleaning duties as agreed with the Customer at the time of booking. 3. The Services included but are not limited to regular cleaning (also known as Standard Clean), move in & move out cleaning, and deep cleaning services. 4. Other extra services as per the Clients request remains separate from the stipulated services. 5. Brilliant Maids Operators are identified by their Brilliant Maids uniforms which are to be worn during the Service. 6. Brilliant Maids will always try to accommodate its regular Clients by assigning the same team to clean the Clients Premises, however Brilliant Maids reserves the right to change Operators on a regular basis subject to availability. 7. Brilliant Maids reserves the right to suspend the Service if payments are not received on the due date. 8. Brilliant Maids endeavors to complete all jobs within estimated times, however such estimates are based on average times required to clean homes of similar size. If for reasons beyond Brilliant Maids’ control a given job takes longer than estimated, Brilliant Maids reserves the right to negotiate additional charges with the client. 9. Should you require our Operators to operate washing machines, dryers, or dish washers, this is done at your own risk. 3. ALTERATIONS / ADDITIONS TO WORK 1. Neither party may affect any change of whatever nature to the scope of the Service outlined in the Proposal without the prior written approval of the other party. 2. If the Client requires any additional Services or variations at the time the Service is being performed, the Client must first contact Brilliant Maids, who may agree to provide the additional services in its absolute discretion. The Operators are not authorized to agree to any changes to the Service being provided. The Client must not request such changes directly from the Operators. 4. JOB QUOTATIONS – AGREEMENTS: 1. The actual price payable by the Client is calculated on the amount of time it is estimated the job will take. Any price quoted by Brilliant Maids is an estimate only based on Brilliant Maids experience, without inspection, and based on information provided by the Client. 2. If at the commencement, or during the course of providing the Service, it is apparent that the actual cost of the Service will exceed the quote provided by Brilliant Maids due to: client provides inaccurate description of property, or if in the view of Brilliant Maids Operatives, condition of property is in an unreasonable state compared to services ordered. 3. The Client must inform Brilliant Maids whether any cleaning services required are for an ‘end of tenancy’ at the time of quotation. 5. BOOKINGS 1. At the time of booking the Client must provide details of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime located at the Premises. 2. Brilliant Maids reserves the right not to accept a booking for any reason. 3. Only the areas agreed to on the booking form will be cleaned by Brilliant Maids Operators. 6. PAYMENT 1. The Client agrees to pay the price invoiced by Brilliant Maids in full on day of service, prior to the Service Time. The invoice amount will be equal to the estimate provided on Brilliant Maids website, plus any additional services, if any, requested by the client, on the day of service. 2. If no payment has been made by the Service Time, Brilliant Maids will use reasonable endeavors to contact the Client for payment. In the event that Brilliant Maids is unable to reach the Client, or payment is not made by the Service Time, the Client will be deemed to have cancelled the Service, and the Client will be charged for full cost of scheduled service. 3. All payments must be made in US Dollars. 4. Payments may be made via debit or credit card. The Client will be sent a receipt via email. 7. FEE ON NON-ACCESS TO PREMISES 1. In the event that the Client does not provide unencumbered access to the Premises for Brilliant Maids or its Operators to provide the Service, the Client agrees to forfeit entire agreed upon fee for the scheduled services. 8. COMPLAINT NOTIFICATION 1. The client agrees to contact Brilliant Maids in writing within a 24-hour time period regarding any and all complaints relative to the services provided. 9. CANCELLATION 1. In the event that the Client does not provide 72 hours’ notice prior to the commencement of the Service, the Client agrees to pay a cancellation fee of 100% of estimated job. 10. FORCE MAJEURE Brilliant Maids will not be liable for any delay in performing, or any failure to perform any obligation under this Agreement due to any cause beyond its reasonable control including, but without being limited to, any of the following: • The services of Brilliant Maids’ staff members are no longer available, for any reason; • Strikes, lock outs or other industrial action; • Sabotage, terrorism, civil commotion, riot, political riot or disturbance, invasion, war, threat or preparation for war; • Fire, explosion, storm, flood, epidemic or natural physical disaster; • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and any act of any state or Government or other authority having jurisdiction over either Party. 11. INDEMNIFICATION 1. Notwithstanding any provisions in this Agreement and whilst Brilliant Maids warrants that it shall use its best endeavors to ensure that the work is of the highest standard, no warranty can be given by Brilliant Maids in respect of the work and accordingly the Client hereby agrees to waive all claims for any harm or loss, including consequential losses, which it may substantially have against Brilliant Maids, its employees, agents, mandatories and other persons connected in some way to such work, such claims having arisen from any cause whatsoever. 2. All costs (legal and other) incurred by Brilliant Maids to collect monies owed for services provided by Brilliant Maids, to the Client, are the responsibility of the Client 12. INTELLECTUAL PROPERTY 1. All copyright, title and interest in any document produced or process designed or devised by Brilliant Maids in the course of this Agreement shall remain vested in Brilliant Maids. 13. VARIATIONS / AMENDMENTS 1. No variation or amendment of the terms and provisions of this Agreement shall have any force or effect unless same are reduced to writing and such amending document is signed by the parties. 2. Brilliant Maids reserves the right to update or modify these terms and conditions at any time without prior notice, and may do so by publishing an updated agreement on its website. 3. The Client agrees that any use of the Service following any such change, whether as a single job or as part of a regular cleaning schedule, constitutes their agreement to follow and be bound by the terms and conditions as changed. 14. HEALTH AND SAFETY RISKS 1. In addition to the obligations and warranties , the Client acknowledges and agrees that: 2. The Operators are entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Premises. 3. The Operators may, either before or during the provision of the Service not use or cease using any materials or cleaning equipment provided by the Client if the Operator suspects, in their absolute discretion, that the use of such materials or cleaning equipment poses a risk to health and safety. 4. The Operators may, either before or during the provision of the Service, cease the provision of the Service where carrying out the Service presents, in the absolute discretion of the Operators, a risk to health and safety. 15. BREACH 1. Should either party be in breach of any provision of this Agreement the aggrieved party shall by written notice give the offending party 14 working days in which to remedy the cause for complaint failing which the aggrieved party shall have the right to: 2. Grant the offending party further time to remedy the cause for complaint; 3. Apply to the Court for an order demanding specific performance with or without damages; 4. Cancel this Agreement and sue for damages. 16. LIMITATION OF LIABILITY In circumstances where the Client is entitled to recover damages from Brilliant Maids (including fundamental breach, negligence, misrepresentation, or other contractual or delictual claim), Brilliant Maids is liable for no more than the amount of actual, direct damages up to the total of the amounts paid by the Client under this Agreement. 1. Neither Party will be liable for any indirect or consequential damages or losses of whatsoever nature. 2. Information provided by Brilliant Maids to the Client during the Project will be for the Client’s use only. Brilliant Maids will not be liable for any loss suffered by any third party who is supplied with such information contrary to this provision and relies on it. 3. The Parties agree that Brilliant Maids’ obligations will cease upon delivery of the last agreed deliverable, and that no direct or indirect liability will rest upon it for the effects of any product or process that may be produced by the Client and any other party, notwithstanding that the formulation of such product or process may be based on the results of the Project. 17. GENERAL CONDITIONS Neither Party may bind the other in any way. • Neither Party may assign or cede any benefit, obligation or interest it may have in the contact to any other person without the prior written consent of the other Party. • Neither Party is regarded as having waived, or is precluded in any way from exercising any right under or arising out of this Agreement by reason of such Party having at any time granted any extension of time for, or having shown any indulgency to, the other Party with reference to any performance of any obligation under this Agreement, or having failed to enforce, or delayed in enforcing any right of action against the other Party. • In the event of any clause of this Agreement or any part thereof being found to be invalid for any reason whatsoever, such clause or part thereof will be severable from the remainder of this Agreement and will not affect the validity of such remainder. • Neither Party grants the other the right to use its trademarks, trade names, logos or other such designations in any promotion or publication without prior written consent. • Once signed, any reproduction of this Agreement or part thereof made by reliable means (for example, photocopy, facsimile or electronic copy) is considered an original. • The Client agrees to Brilliant Maids communicating with them electronically and/or via other means in order to provide the Service or for reasons related to the provision of the Service. • Brilliant Maids will take all reasonable precautions to protect personal information provided by the Client from loss, misuse, unauthorized access or disclosure, alteration or destruction. • This web site contains links to other sites that are not owned or controlled by Brilliant Maids. Please be aware that we, Brilliant Maids, are not in any way responsible for the content, security, or privacy policies of these external web sites. • In the event Brilliant Maids goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. 18. CLIENT REPRESENTATIONS AND WARRANTIES The Client represents and warrants that: • It will provide a safe working environment at the Premises for the Operators to perform the Service; • The Operators will have unencumbered and unobstructed access to those areas of the Premises requiring the Service; • It will provide the Operators with access to all services and utilities (including hot and cold water, electricity, and garbage bins) as required by the Operators to provide the Service; • It will provide all usual and necessary cleaning equipment and materials required by the Operators to provide the Service, unless the Client has chosen to use the cleaning equipment and materials that belong to Brilliant Maids. • All Brilliant Maids’ cleaning equipment and materials remain the property of Brilliant Maids. • All cleaning equipment and materials provided by the Client are safe, have not been tampered with and are in full working order; • It will advise Brilliant Maids prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises; • It is authorized to use the Premises and obtain the provision of Service; • It will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewelry, works of art, antiques, or items of sentimental value prior to the commencement of the Service. 19. NO ENGAGEMENT OF OPERATORS 1. The Client acknowledges Brilliant Maids invests significant resources in recruiting, selecting and training its Operators. Unless Brilliant Maids gives prior written permission, the Client must not, directly or indirectly, engage, employ or contract with any Operator to provide residential or commercial services to the Client or any associate of the Client for any period during which services are provided by Brilliant Maids or for a period within 12 months after the conclusion of any Service. 2. The Client acknowledges that Brilliant Maids may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Client. 20. NON -APPEARANCE If an Operator fails to attend the Premises within 2 hour of the Service Time and does not provide the requested Service, Brilliant Maids will provide the Client with either: 1. A full refund of payments made by the Client; or 2. Offer to reschedule the Service at another time mutually agreed between the Client and Brilliant Maids. 21. COMPLAINTS 1. If the Client is dissatisfied for any reason with the Service provided, it must inform Brilliant Maids within 24 hours of completion of the Service. Brilliant Maids strives to commence the guarantee process and will endeavor to resolve the problem quickly and efficiently. Brilliant Maids will offer the Client he following: 2. First, to re-supply of Service without charge within 24 hours of original booking; 3. Second, if client is still not satisfied, total refund of what was charged for service 22. EXCLUSIONS AND LIMITATIONS The only conditions and warranties which are binding on Brilliant Maids in respect of the state, quality or condition of goods and services supplied by Brilliant Maids to Clients are those imposed and required to be binding by statute. To the extent permitted by statute, the liability, if any, of Brilliant Maids is, at Brilliant Maids’ option, limited to and completely discharged by the resupply of the Service. Brilliant Maids is not responsible for: 1. Not completing or providing the Service as a result of a breach of a warranty by the Client (including a failure by the Client to provide proper materials, cleaning equipment, utility services, a safe working environment or unencumbered access to the Premises); or 2. Any damages caused by defective cleaning materials or cleaning equipment provided by the Client; 3. Not completing or providing the Service as a result of the Operator not proceeding for health and safety reasons under clause 4; 4. Any loss or damage incurred by the Client or any third party as a result of the effects of a force majeure, being any event beyond the reasonable control of Brilliant Maids; 5. Not completing or providing the Service due to an act or omission of the Client or any other person at the Premises during provision of the Service; 6. Existing dirt, wear, damage or stains that cannot be completely cleaned or removed; 7. Any wear or discoloring of fabric or surfaces becoming more visible once dirt has been removed; 8. Any loss incurred as a result of any breakage or damage to goods, items of value (including antiques, items of sentimental value) or the Premises; or 9. The cost of any key replacement or locksmith fees, unless keys were lost by Brilliant Maids or the Operator. 10. 1. Except as provided in this clause, all conditions and warranties implied by law in respect of the state, quality or condition of the Service which may apart from this clause be binding on Brilliant Maids are excluded. 11. e) The Client acknowledges that the results of any services provided may vary depending on a number of factors (including materials used, equipment provided, time elapsed since Premises was last cleaned, and nature of cleaning required), and that Brilliant Maids gives no guarantee as to the actual results of the Service. 12. f) Except to the extent provided in this clause, Brilliant Maids has no liability (including liability in negligence) to any person for any loss or damage, consequential or otherwise, suffered or incurred by that person in relation to the products or services provided by Brilliant Maids (including any loss caused by, or resulting directly or indirectly from, any failure, defect or deficiency or any kind of or in the products used or services provided by Brilliant Maids).