Evermaid Cleaners LLC: Terms & Conditions
At Evermaid Cleaners LLC, we are dedicated to connecting you with skilled Service Providers who are passionate about their work. However, to uphold professional standards, ensure safety, and clearly define risk, we operate under the following essential boundaries and limitations:
Right to Service Refusal and Discretion
Right of Cancellation: We maintain the unrestricted right to decline, terminate, or cancel any scheduled service, for any reason, at our sole discretion.
Unusual Property Conditions: If the property is in extremely poor condition—such as featuring broken glass, excessive clutter, or a “hoarder’s living space”—we will strive to improve it to a basic, habitable standard. However, the final result will be documented and will not be comparable to the level of cleanliness achieved in a standard home. We reserve the right to discuss the strategy before commencing and may use before-and-after photographs for internal company use only to optimize our approach.
Operational and Safety Requirements
Essential Utilities: The Service Provider requires access to functioning electricity and running water to perform the cleaning. If utilities are turned off, we will reschedule the appointment when they become available.
Height and Heavy Lifting Restrictions: For the safety of the Service Providers, they are instructed not to use client-supplied step ladders and will instead utilize approved telescopic tools for high-reach areas. Likewise, Service Providers are instructed not to move heavy furniture or appliances. They will clean accessible areas around and underneath these items.
Biohazard Exclusion: Service Providers are strictly prohibited from handling or cleaning animal feces, urine, or any other biohazardous waste.
Non-Cleaning Tasks Exclusion: Service Providers are not scheduled or equipped to handle non-cleaning personal or home support tasks. This includes but is not limited to tasks such as, a.answering doors or receiving packages, b.supervising children or pets, c.running errands or handling laundry not specifically included in the agreement.
Liability and Damage Exclusions
Damage Reporting: If any property damage is discovered or suspected after the Service Provider has departed, the Client must notify Evermaid Cleaners LLC within 24 hours of the scheduled service time. We will contact the Service Provider involved to collaborate on a reasonable resolution.
Pet Welfare: While Service Providers are expected to exercise professional awareness and caution in environments where pets are present, Evermaid Cleaners LLC does not assume liability for the health, safety, or well-being of any animals on the property. The Client is solely responsible for ensuring the security and care of their pets, including ensuring they are contained or secured if they pose a risk to themselves or the Service Provider, during the service appointment.
Exclusions for Non-Agency Damage: Evermaid Cleaners LLC is not responsible for damage caused by factors outside the Service Provider’s control, including:
- Normal wear and tear, or damage resulting from the improper or poor installation of fixtures and items.
- Carpet and Rug Snags: Carpet fiber snags caused by exposed loops from pre-existing wear that are caught by a vacuum’s roller brush. We will make every effort to avoid visibly worn areas.
- Brittle Window Coverings: Damage to blinds or shades that have become brittle due to prolonged sun exposure, age, or weakened strings/cords.
- Unsecured Wall Decor: Loss or damage to pictures, mirrors, or decorations that are improperly or insecurely fastened to the wall.
Valuables and Special Items:
- Undisclosed Valuables: We are not liable for damage to artwork, collectibles, or family heirlooms valued over $200 that were not explicitly disclosed to Evermaid Cleaners LLC in writing at the time of booking. By not disclosing these high-value items, the Client assumes all risk associated with their cleaning.
- Specialized Woodwork: If your woodwork, antique furniture, or vintage wooden items are unsealed, unpolished, or require unique care, you must notify us during the booking process and provide written specifications. If you wish to provide your own specialized cleaning product(s) for specific items (e.g., leather, pianos), this must be communicated to us via email or mail.
Non-Solicitation and Legal Terms
Non-Solicitation of Service Providers: Evermaid Cleaners LLC invests significant resources in the recruitment, vetting, and background checks of the Service Providers we refer. The Client agrees not to directly solicit or hire any individual introduced by Evermaid Cleaners LLC for any home-related services without first discussing the arrangement with our office. All Service Providers sign an agreement prohibiting them from cleaning for our past or present clients outside of Evermaid Cleaners LLC booking system. If the Client breaches this term by soliciting a Service Provider, a referral fee of $2,500 will be charged.
Client Indemnification: The Client agrees to defend, indemnify, and hold harmless Evermaid Cleaners LLC, its owners, agents, affiliates, and representatives from all claims, damages, losses, and expenses (including attorney’s fees) resulting from: (i) your utilization of the cleaning services received; and (ii) any alleged or actual property damage arising from the Service Provider’s performance.
Disclaimer of Warranties: To the maximum extent permitted by applicable law, Evermaid Cleaners LLC operates solely as a referral venue and does not warrant, guarantee, or assume responsibility for the cleaning services performed by the independent Service Providers, or any resulting damages. The service is provided to you on an “as is” and “as available” basis, and we explicitly disclaim all warranties, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Your use of the service is strictly at your own risk.
Fixed-Rate Billing and Service Duration
Evermaid Cleaners LLC primarily operates on a fixed-rate billing structure determined by the scope of work, size of the home, and estimated duration required for the cleaning service. The price quoted to the Client is a final price for the agreed-upon service, not an hourly rate.
Defining the Labor Hour (For Internal Scheduling)
For internal scheduling and effort estimation, a Labor Hour is defined as sixty minutes of service performed by a single Service Provider. The total price remains the same regardless of the team size assigned to complete the work.
- Example Calculation: If your service is estimated to require four (4) total Labor Hours, the fixed fee remains constant whether the work is completed by one professional over four hours or by a team of two professionals over two hours. The assignment of one or more Service Providers affects only the duration of the visit to your home, not the final fixed price.
Service Minimums (Internal Labor Commitment)
To ensure operational efficiency and fair scheduling for our Service Providers, we apply minimum estimated labor commitments to our fixed-rate packages. These minimums define the smallest scope of work we generally accept for a fixed price:
- Initial and Non-Recurring Services: Fixed-rate packages are generally available for scopes of work estimated to require a minimum of three (3) Labor Hours.
- Recurring Clients: Weekly or Bi-weekly continuous services are available for scopes of work estimated to require a reduced minimum of two (2) Labor Hours.
If the scope of your requested service is determined to be below these minimum estimated labor requirements, we reserve the right to decline the booking or quote a custom fixed price.
Comprehensive Fixed Price
The final, fixed price quoted for your service is all-inclusive. It covers all time spent by the Service Provider(s), including necessary logistical activities such as:
- The actual cleaning performance.
- Travel time within the property.
- Setup and breakdown time (loading and unloading supplies and equipment from the service vehicle).
The Client is never billed based on the measured time or the number of Service Providers assigned; the fixed price remains the same.
Scheduling, Time Limits, and Cancellation Policy
- Defining the Internal Labor Budget: For every fixed-rate service, an internal Labor Budget (previously referred to as “Time Limit”) is defined. This budget represents the maximum quantity of Service Provider Labor Hours that is pre-approved to complete the agreed-upon scope of work at the quoted fixed price.
- Exceeding the Budget: As many initial or non-recurring services are quoted sight-unseen, the job may occasionally require more effort than estimated. Service Providers are strictly instructed not to exceed the approved internal Labor Budget without the Client’s express authorization of a new fixed price. If an extension is required due to the condition of the home, the Service Providers will cease work once the budget is reached to respect the Client’s financial limit, even if the service is not fully completed.
- Scope Redefinition and Flat Fee Adjustment: For all services booked at a fixed fee, if the actual condition of the home (e.g., excessive clutter, specialized cleaning needs, or poor maintenance) is found to necessitate significantly more labor effort than is typical for average cleaning standards, the Service Provider will immediately pause work. They will then contact Evermaid Cleaners LLC, which will propose a new, adjusted fixed fee to the Client to complete the expanded scope of work fairly and thoroughly. Work will only proceed upon the Client’s agreement to the new fixed price.
Service Cancellation and Reschedule Policy
24-Hour Notice Requirement: All cancellations or rescheduling requests require a minimum of twenty-four (24) hours advance notice to avoid incurring a penalty fee.
Cancellation Fee: Failure to provide the required 24-hour notice will result in a late cancellation fee. This fee is calculated as $70.00 or 50% of the total cleaning fee for the scheduled service, whichever amount is greater. The fee will be charged to the credit card on file with Evermaid Cleaners LLC.
Please recognize that late cancellations negatively impact the earning potential of our dedicated Service Providers, as it makes it difficult for Evermaid Cleaners LLC to fill the sudden gap in their schedule.
Service Accessibility, On-Site Policy, and Quality Assurance
On the day of your scheduled cleaning, it is essential that the Service Professionals have unrestricted access to the premises. This ensures they can perform the service safely and efficiently. Access includes, but is not limited to:
- Unimpeded entry to the residence.
- Access to running water and working electricity.
- An environment free from interruptions by other service providers (e.g., plumbers, contractors).
- Beloved pets secured in a safe location away from the immediate work area.
Lock-Out Fee: If Service Professionals arrive for your scheduled appointment and are unable to access the home or are prevented from cleaning due to on-site conditions (a “lock-out”), a fee will be assessed to cover travel, time, and lost revenue. This fee is $125.00 or 50% of the original service price, whichever amount is greater, and will not exceed the original price of the service. The fee will be charged to the credit card on file with Evermaid Cleaners LLC.
Arrival Time: Scheduled Arrival Window: To account for travel time, traffic, and variable job lengths, the scheduled time for your service is an estimated one (1) hour arrival window (e.g., a 10:00 AM booking means the Service Provider will arrive between 10:00 AM and 11:00 AM).
Service Time Commencement: Please remember that the arrival time provided at booking is an arrival window. Billable time, including any necessary wait time, begins immediately upon the Service Provider’s arrival at your location. In the context of our fixed-rate service, this means the Service Provider’s time is being consumed, and the utilization of the internal Labor Budget begins immediately.
Impact of Delayed Access: The Service Provider is scheduled and expects immediate, unhindered access to the property upon their arrival within the window. If they are delayed in starting the work, this waiting period counts against the internal Labor Budget, potentially reducing the time available for the actual cleaning within the original fixed price.
Final Walk-through and Quality Guarantee
Recommended Walk-through for One-Time Services: For all one-time cleanings, we strongly recommend that you meet the Service Professionals inside the home upon completion to conduct a final walk-through. This allows you to confirm that all items are completed to your satisfaction and provides an immediate opportunity to approve any additional time or scope if needed.
If a final walk-through is not possible, Service Professionals may not be able to address concerns or make timely corrections for time-sensitive cleanings (e.g., cleaning prior to an event or landlord inspection), which may not be ideal.
Satisfaction Guarantee and Revisit Policy:Our 100% Satisfaction Guarantee is the gold standard our company lives by.
If you are not completely satisfied with your service, you must contact us within 24 hours of your cleaning appointment.
Once notified, we will promptly schedule your cleaning professionals to return to your home to re-clean any missed areas, free of charge, within 7 days of your initial contact or the right to the re-clean is automatically forfeited. If, after the re-clean, you still don’t feel we did a good enough job to recommend us to your friends, we will refund your money. We are grateful for the opportunity to make things right and earn your trust.
Discounts and Payment Terms
Discounts: Discounts and promotional offers cannot be combined with other offers or discounts.
Payment: Payment for all services is due at the time services are rendered. We accept Visa, Mastercard, and America Express.
Billing Procedure: Twenty-four (24) hours prior to your scheduled service, we will pre-authorize the payment card on file to confirm funds availability. However, your card will not be charged until after your service is fully completed. You will receive a final invoice via email.
Independent Professional Disclaimer
Evermaid Cleaners LLC operates as a referral agency and is not the direct employer of the service professional referred to you. The service professional may be considered your employee or an independent contractor, depending on the nature of the working relationship established between you and the Service Professional.
If you direct and control the manner and means by which the Service Professional performs their work, you may have employer responsibilities, including obligations related to employment taxes and workers’ compensation under applicable state and federal law. For more specific information, please contact your local Employment Development Department and the Internal Revenue Service.
Additional Operational Policies
Permanent Domestic Referral Placement
A client can hire an independent Service Professional for permanent domestic referral placement and work directly with them, without going through Evermaid Cleaners LLC. If you wish to do so, please contact us for additional information. There is a $2,500 referral fee for the services of securing one of our referred domestic professionals. Soliciting a professional for private placement will result in this placement fee. Please note that once this referral fee is paid and the professional is engaged directly by the Client, Evermaid Cleaners LLC is no longer responsible for the Service Professional and our satisfaction guarantee, insurance policies, and liability coverage cease immediately.
Keys and Home Entry
Evermaid Cleaners LLC does not maintain possession of client house keys and will not be able to track or retrieve a key from your Service Professional. We can relay any instructions on the method of entry to the Service Professional. If you utilize an on-site lockbox, please provide the code for our client file notes.
Uncontrollable Natural Events
Clients should be aware that residential cleaning is subject to rare, unpredictable circumstances such as unexpected vehicle accidents or health emergencies experienced by the Service Professional that may necessitate a last-minute reschedule. It may be best to schedule your cleanings in advance of having an event or turning over a property. Evermaid Cleaners LLC is not responsible for any outcomes resulting from an emergency reschedule due to the Service Professional’s inability to work.
Right to Refuse Service
Evermaid Cleaners LLC reserves the right to refuse service for any reason. This includes, but is not limited to: the property or condition of the home is not accurately described by the client, the cleaning job requested is not as described, or Service Professionals feeling uncomfortable with the job site, client, or pets. We require that all aggressive or overly friendly pets be secured in a safe area away from the work space.
Right to Reschedule for Time Overruns
In order to respect the schedules of all our clients, if your cleaning service requires significantly more time than was originally discussed, Evermaid Cleaners LLC reserves the right to schedule the additional cleaning time for a different day.
General Terms and Conditions
The terms and conditions stated herein (collectively, this “Agreement”) constitute a legal agreement between you and Evermaid Cleaners LLC (the “Company”). By utilizing or receiving any services supplied by the Company (together with the website, collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time.
The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
If you require any more information or have any questions about our Terms and Conditions, please contact us by email at [email protected].
Nature of Service: Referral Venue Disclaimer
THE COMPANY DOES NOT PROVIDE CLEANING SERVICES, AND THE COMPANY IS NOT A CLEANING SERVICE PROVIDER. It is up to the independent Service Professional to offer cleaning services which may be scheduled through use of the Service. The Company offers information and a method to obtain such third-party cleaning services, but does not and does not intend to provide cleaning services or act in any way as a cleaning service provider, and has no responsibility or liability for any cleaning services provided to you by such third parties.
Evermaid Cleaners LLC is Only a Referral Venue
The Service is a communications platform designed to connect clients seeking cleaning services with independent Service Professionals who provide those services. The Company performs background checks on Service Professionals via third-party services; however, the Company does not guarantee, warrant, or make representations regarding the reliability, quality, or suitability of the Service Professionals. When interacting with Service Professionals, you should always exercise caution and common sense to protect your personal safety and property. By using the Service, you agree to hold the Company harmless from responsibility for any liability or damage that may arise out of the transactions involved. NEITHER THE COMPANY NOR ITS AFFILIATES ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR SERVICE PROFESSIONAL. The Company and its affiliates will not be liable for any claim, injury, or damage arising in connection with your use of the Service.
General Legal Provisions
Representations and Warranties
By using the Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Service. Without limiting the foregoing, the Service is not available to children (persons under the age of 18) or others who are not capable of entering into binding contracts. By using the Service, you represent and warrant that you are at least 18 years old and otherwise capable of entering into binding contracts. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by its terms and conditions. Your participation in using the Service is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws from the country, state, and city in which you are present while using the Service.
You may only access the Service using authorized means. It is your responsibility to ensure you are using the correct method of access. The Company is not liable if you are unable to access the Service due to incompatibility.
By using the Service, you agree that:
- You will only use the Service for lawful purposes; you will not use the Service for sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Service to cause nuisance, annoyance, or inconvenience.
- You will not impair the proper operation of the network.
- You will not try to harm the Service in any way whatsoever.
- You will not copy or distribute content without written permission from the Company.
- You will only use the Service for your own use and will not resell it to a third party.
- You will keep secure and confidential your account password or any identification provided to you which allows access to the Service.
- You will provide us with whatever proof of identity the Company may reasonably request.
- You will only use an access point or data account which you are authorized to use.
- When requesting cleaning services by SMS, you opt-in to receive text messages from the Company, and acknowledge that standard messaging charges from your mobile network service provider may apply, and you represent and warrant that the number provided is your own cell phone number.
License Grant & Restrictions
The Company hereby grants you a non-exclusive, non-transferable, right to use the Service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) create Internet “links” to the Service or “frame” or “mirror” any part of the Service on any other server or device; (iv) reverse engineer any component of the Service; (v) access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Service, or (c) copy any ideas, features, functions, or graphics of the Service, or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service.
You may use the Service only for your personal, non-commercial purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material; (iii) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
Payment Terms
Any fees which the Company may charge you for the Service are due immediately upon completion of your cleaning and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, the Company’s decision to terminate your usage, disruption caused to our Service either planned, accidental, or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing.
The Company, at its sole discretion, can make promotional offers with different features and different rates to any of our clients. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Service as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service.
Refund Policy
Please note that refunds are not offered prior to a Re-Clean being accepted. If you are dissatisfied with your service, you must contact our office within 24 hours of service completion. A Re-Clean must be completed within a 7-day window from your date of service, otherwise, it will be considered denied. No refund will be offered if a Re-Clean is denied. If you are still not pleased with the Re-Clean, a full refund of the total service price will be issued, at the Company’s sole discretion.
Intellectual Property Ownership
The Company alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Service. To the extent you provide any suggestions, ideas, enhancement requests, feedback, recommendations, or other information regarding the Service, you hereby assign to the Company all right, title, and interest thereto. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Service are trademarks of the Company or third parties, and no right or license is granted to use them.
Privacy; DMCA
Please review our Privacy Policy to understand how the Company collects and uses personal information. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content made available in connection with the Service infringes your copyright, you (or your agent) may send the Company a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Service should be sent to the Company at:
By Email: [email protected]
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located within the State of Florida to resolve any legal matter arising from the Agreement.
Third Party Interactions, Indemnification, and Final Disclaimers
Third Party Interactions
During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Service, and in no event shall the Company or its licensors be responsible for any content, products, services, or other materials on or available from such sites or third-party providers. You recognize that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third-party providers.
The Company may rely on third-party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service. By agreeing to these terms and conditions, you consent to receive such advertising and marketing. The Company may compile and release information regarding you and your use of the Service on an anonymous basis as part of a client profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
Indemnification
By entering into this Agreement and using the Service, you agree to defend, indemnify, and hold the Company, its licensors, and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Service Professionals arranged via the Service, or (c) your use or misuse of the Service.
Termination
The Company reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service, for any reason, including if the Company believes that you have violated this Agreement. The Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service. The Company will use good faith efforts to contact you to warn you prior to suspension or termination of your account by the Company.
Disclaimer of Warranties
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) THE SERVICE (INCLUDING ANY CLEANING SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE (INCLUDING ANY CLEANING SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (E) ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ANY SERVICES, PRODUCTS, OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Network Delays
THE COMPANY’S SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, TELECOMMUNICATIONS NETWORKS, AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability and Final Provisions
Limitation of Liability
IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS OR IS REFERRED BY THE SERVICE, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Release of Claims Regarding Third-Party Service Providers
THE COMPANY MAY INTRODUCE YOU TO THIRD PARTY CLEANING SERVICE PROVIDERS FOR THE PURPOSES OF PROVIDING CLEANING SERVICES. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD PARTY CLEANING SERVICE PROVIDERS, AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY CLEANING SERVICE PROVIDER. THE COMPANY WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE.
Service Quality Disclaimer
THE QUALITY OF THE CLEANING SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY DELIVERS SUCH CLEANING SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO CLEANING SERVICES THAT ARE POTENTIALLY UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AND RELY ON SUCH THIRD PARTY CLEANING SERVICES AT YOUR OWN RISK.
No Professional Advice
NOTHING ON THIS WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL, OR MEDICAL MATTER, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
Agreement to Limitations
BY USING THE SERVICE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE THE SERVICE.
Controlling Law and Jurisdiction
This Agreement will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to its conflict-of-law provisions. You and the Company agree to submit to the personal jurisdiction of the courts located within the State of Florida.
Damages, Theft, and Liability for Service Professionals
Screening and Professional Conduct
Evermaid Cleaners LLC refers only experienced, professional, independent Service Professionals, not employees seeking occasional work. All referred professionals are screened to ensure they are legally authorized to work in the United States and have passed thorough background and referral checks.
Reporting Theft and Loss
If you believe an item is missing from your home, please confirm the loss. Once you are convinced the item is missing, Evermaid Cleaners LLC’s management encourages you to notify your local police department to investigate the matter. You acknowledge that, as a referral agency, the Company is not responsible for theft or loss committed by its referred Service Professionals.
Responsibility for Damages
The referred Service Professionals are expected to treat your property with the greatest of care. However, should accidental damage occur while they are cleaning your home, the independent Service Professional will be solely responsible for all damages. However, should accidental damage occur while the Service Professional is cleaning your home, the Company commits to acting as the primary facilitator for the resolution process under our Damage Resolution Guarantee. You must report any damage claim to Evermaid Cleaners LLC within forty-eight (24) hours of the service being completed. Evermaid Cleaners LLC will facilitate the initial assessment, communication, and resolution with the Service Professional on your behalf. We require all Service Professionals to carry appropriate liability insurance for such events. In no event shall the Company’s aggregate liability related to any damages exceed the amounts actually paid by and/or due from you in the six (6) month period immediately preceding the event giving rise to such claim. This liability cap applies even when the Company is facilitating the claim process.
Dispute Resolution
Informal Negotiations
To expedite resolution and reduce the cost of any dispute, controversy, or claim related to this Agreement (a “Dispute”), you and the Company agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice.
Binding Arbitration
If you and the Company are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL.
The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Exceptions to Alternative Dispute Resolution
Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in the State of Florida, with respect to any dispute related to the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property or proprietary rights.
Waiver of Class Action and Representative Proceedings
You and the Company agree that any arbitration will be limited to the Dispute between the Company and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section will be deemed null and void.
Location of Arbitration and Controlling Law
Arbitration will take place in a location within the State of Florida mutually agreed upon by the parties. You and the Company agree that for any Dispute not subject to arbitration, the Florida state and Federal courts have exclusive jurisdiction and you and the Company agree to submit to the personal jurisdiction of such courts.
This Agreement is governed by, and will be construed under, the laws of the State of Florida, without regard to choice of law principles.
Miscellaneous Provisions
Assignment
This Agreement may not be assigned by you without the prior written approval of the Company. However, the Company may assign this Agreement without your consent to (i) a parent or subsidiary company, (ii) an acquirer of assets, or (iii) any other successor entity. Any attempted assignment by you in violation of this section shall be void.
General Terms
No joint venture, partnership, employment, or agency relationship exists between you, the Company, or any third-party provider as a result of this Agreement or use of the Service. If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall be enforced to the fullest extent permitted by law. The Company’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless formally acknowledged and agreed to by the Company in writing. This Agreement constitutes the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, regarding the subject matter contained herein.
Protection of Other Parties
You acknowledge that, as a referral company, Evermaid Cleaners LLC has a strong interest in limiting the personal liability of its management, officers, and agents. You agree that you will not bring any claim personally against the Company’s officers, employees, or agents for any losses you suffer in connection with the Service. Without limiting the foregoing, you agree that the limitations of warranties and liability set out in this Agreement will protect the Company’s officers, employees, agents, subsidiaries, successors, assigns, and subcontractors as well as the Company itself.
Consequences of Breach
Without limiting the Company’s other rights and remedies under these terms and conditions, if you breach these terms and conditions in any way, the Company may take such action as the Company deems appropriate to address the breach. This may include, but is not limited to: suspending your access to the Service, prohibiting you from accessing the Service, blocking computers using your IP address from accessing the Service, contacting your internet service provider to request that they block your access, and/or bringing court proceedings against you.