That’s Clean Maids Service Policy
Updated Date: Jan 01 2018
This Service Policy constitute a legally binding agreement (the “Agreement”) between you and That’s Clean Maids LLC (“That’s Clean Maids,” “we,” “us,” or “our”) that governs your access or use of the applications, websites, content, products, and services (collectively, the “That’s Clean Maids Platform”) made available by That’s Clean Maids..
Any persons (whether individual, company, or entity) hereby referred to as a you, user, customer, and/or client, who books a service with That’s Clean Maids in any way including but not limited to over the website, email, phone call, text message, or in-person is agreeing to the terms set forth by this document.
By entering into to this Agreement, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE That’s Clean Maids PLATFORM.
That’s Clean Maids PROVIDES A MARKETPLACE PLATFORM where persons seeking home services (“Service Requesters” or “Requesters”) can be matched with persons, companies, or entities offering home services (“Service Providers” or “Providers”). Requesters and Providers are collectively referred to herein as “Users.” Users can create a User account which enables access to the That’s Clean Maids Platform. For purposes of this Agreement, the services provided by Providers to Requesters that are matched through the Platform shall be referred to collectively as the “Services,” “jobs,” “bookings,” or “Home Services”.
All Users requesting or accepting services from That’s Clean Maids are aware That’s Clean Maids is a platform and not a service provider. The Service Provider is being hired to fulfill a duty outside of the competency of That’s Clean Maids. Service Providers will be responsible for fulfilling services assigned to them based on their selected criteria through the That’s Clean Maids platform. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each Service provided by a Provider to a Requester shall constitute a separate agreement between such persons and/or entities.
Service Provider Relationship
As a Provider on the That’s Clean Maids Platform, you acknowledge and agree that you and That’s Clean Maids are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. As a Provider you and That’s Clean Maids expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and That’s Clean Maids; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind That’s Clean Maids, and you undertake not to hold yourself out as an employee, agent or an authorized representative of That’s Clean Maids.
That’s Clean Maids does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your service supplies. You retain the sole right to determine when, where, and for how long you will utilize the That’s Clean Maids Platform. You retain the option to accept or to decline or ignore a Requester’s request for Services, or to cancel an accepted request for Services via the Platform, subject to That’s Clean Maids then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Tidy Casa shall have no right to require you to: (a) display That’s Clean Maids names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying That’s Clean Maids names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities. As a Provider, you bear all of your own expenses that are incurred in performing Services. You acknowledge and agree that you are responsible for and will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
Independent Cleaning Professionals
That’s Clean Maids is not the employer of the domestic worker/independent contractor it referred to you. The domestic worker/independent contractor may be your employee or an independent contractor depending on the relationship you have with him or her. If you direct and control the manner and means by which the domestic worker performs his or her work you may have employer responsibilities, including employment taxes and worker’s compensation, under state and federal law. For additional information contact your local Employment Development and the Internal Revenue Service.
Permanent Referral Placement
A client can hire an independent contractor/domestic worker for permanent domestic referral placement and work directly with the cleaner, without going through That’s Clean Maids LLC (That’s Clean Maids). If you wish to do so, we can send additional information. There is a $1200 fee for the services of securing a domestic helper/employee. Soliciting a cleaner for private placement will result in a placement fee.
Modification to the Agreement
That’s Clean Maids reserves the right to modify any information referenced in the hyperlinks from this Agreement. Such modifications shall become effective upon posting. In the event That’s Clean Maids modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Continued use of the That’s Clean Maids Platform or Services after any such changes shall constitute your consent to such changes.
Right of Refusal
That’s Clean Maids reserves the right to refuse service to anyone for any reason. These reasons include but are not limited to: not being able to gain entry to a home, no power, no electricity, no air conditioning or heating, frequent cancellations or schedule changes, improper or dishonest booking, project out of scope of the original booking, not listing all the bedrooms, bathrooms or total sqft (even if we’re not cleaning them), being rude to staff or Providers, poaching or attempting to poach Providers away from That’s Clean Maids (at any price), and/or incorrect or non-functioning billing information.
Once a booking has been processed online it must be manually confirmed. If That’s Clean Maids can’t confirm an appointment, the appointment may be canceled. At which time the Requester will receive a cancellation notice. An open time slot on thatscleanmaids.com doesn’t guarantee a Provider will be available and/or the job/service will be confirmed.
Any confirmation emails which may have been received are subject to change. Meaning, an appoint which was once confirmed can become unconfirmed depending on circumstances. That’s Clean Maids is not bound to perform a service even if the service has been confirmed.
Guarantees and/or Refunds
The That’s Clean Maids 100% Satisfaction Guarantee hereby referred to as “Guarantee,” or “Satisfaction Guarantee” is available to Requesters and is the sole liability of That’s Clean Maids to Requesters for the performance of Services. If you are not satisfied with the quality of the initial Service requested and paid for through the That’s Clean Maids Platform, then That’s Clean Maids will send a Provider to correct areas of the original service that were missed/overlooked at no additional charge to the Requester.
The Requester is eligible for the Guarantee provided the Requester reports the issue within twenty four (24) hours of the Service appointment. For Recurring Services, each Service is treated as a separate occurrence.
Damage or theft claims
That’s Clean Maids is not responsible for damage or theft resulting from any service provide through our service platform. Your assigned subcontractor/domestic worker is responsible for all damage and theft claims. That’s Clean maids can assist in providing subcontractor/domestic worker’s contact information and their relevant insurance policy documents.The cleaning professionals are responsible for their own work. If there is any breakage or damage, they will handle this issue with you directly. That’s Clean Maids LLC is not the employer of the cleaner we refer to you.
Guarantee Conditions & Exclusions; Your Primary Insurance. If you carry insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the subcontractor insurance is secondary.
Coverage Under the That’s Clean Maids Happiness Guarantee.
A Requester will be covered under the Guarantee for every Service, subject to the exclusions below, provided:
- The Service is agreed to between a Requester and a Provider through the That’s Clean Maids Platform, performed by the Provider hired by the Requester and paid for in full through the That’s Clean Maids Platform;
- The original service or request/s made during the service do not put the provider in harm’s way or include services which aren’t part of the original scope, as outlined on That’s Clean Maids Services Page;
- The Requester has reported the claim within 24 hours of the Service;
- The Requester’s account with That’s Clean Maids is in good standing with no outstanding balances owed to That’s Clean Maids or Providers;
- The Provider was not able to gain entry to the service location during the scheduled time of the service;
- There was no available source of power or no electricity at the service location during the scheduled time of the service;
- There was no air conditioning or heating at the service location during the scheduled time of the service;
- There’s no available source of water at the service location during the scheduled time of the service;
- Requester failed to disclose the full size of the property being serviced. Requester is required to included in the full size of the property including areas of the property not being serviced as well as those being serviced;
- Requester failed to disclose the need for mold, construction, or a remediation cleaning, or other services That’s Clean Maids doesn’t accommodate. Services That’s Clean Maids doesn’t accommodate are outlined on That’s Clean Maids Services page.
The Guarantee does not cover the following:
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes, and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value;
- losses for property damage and theft exceeding the original value and/or replacement value of such property, less any standard depreciation;
- losses arising from negligence of a Requester or third party;
- losses arising from a manufacturer’s or a product’s defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of theft of property or any other intentional wrongful act by a Professional;
- losses arising from normal wear and tear;
- losses for items that retain their functionality;
- losses based on sentimental and/or undocumented intangible value;
- losses related to repairs outside of the area where the Professional Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by That’s Clean Maids; and losses with insufficient documentation.
Submitting a Claim
Issues can be reported by phone at 832.639.4113, or email at email@example.com. Depending on the nature of the claim, That’s Clean Maids may ask for additional information. For a claim to be considered “reported” all requested information such as police reports, photos, security footage, and/or other requested information must be submitted within seventy-two (72) hours or the original contact (claim phone call or email) and considered satisfactory evidence to the claim.
That’s Clean Maids is just assisting you in the process. That’s Clean Maids can help to gather information about what happened to help communicate this on your behalf if needed to insurance companies or subcontractor/domestic worker’s.
After a claim has been reported additional information may be required. If additional information is required, That’s Clean Maids requires communication with the Requester. A failure to communicate with That’s Clean Maids and/or ability to provide needed information or evidence may result in not being able to process a claim by the subcontractors insurance provider. That’s Clean Maids helps to facilitate the claim process only. That’s Clean Maids LLC doing business as That’s Clean Maids is not responsible for any claims being made or reported. Your assigned subcontractor is responsible for any damage or theft related claims.
As a Requester, you agree to pay the amounts charged for your use of the That’s Clean Maids Platform and Services (“Charges”). Charges include the cost for Services and other applicable fees, surcharges, and taxes as set forth by That’s Clean Maids Booking Page available at https://www.thatscleanmaids.com/booking-page, plus any tips to the Provider you elect to pay.
That’s Clean Maids reserves the right to determine and modify pricing by posting applicable pricing terms to the That’s Clean Maids booking page. Pricing may vary based on the type of service requested (e.g., standard cleaning,deep cleaning, etc) as described on That’s Clean Maids booking page. You’re responsible for reviewing the applicable booking page and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Flat-rate pricing consists of a standard charge based on the details of a home and requested home service and add-on charges based on additional parameters selected by the Requester.
Hourly-Rate pricing consists of a standard rate per-provider, per-hour. As an example, 2 providers for 2 hours will be x and 1 provider for 2 hours will be 1/2 of x. The actual charge will vary based on the amount of time required for the cleaning. The total hours will be rounded up to the nearest 30 minute increment.
Quoted Home Service Fees
That’s Clean Maids may quote you a service fee at the time of your request. The quote is subject to change depending on the overall condition of your home and the confirmation that correct home details were provided by the Requester. If during your home service you change your requested Services or a Provider confirms that the home details as provided by the Requester are incorrect or false, we may cancel the service and/or charge an adjusted home service fee based on the true details of the home and the conditions in the home. That’s Clean Maids does not guarantee that the quoted service price will not change, especially when details or conditions of the home were not represented accurately or fully by the Requester when booking the Service.
That’s Clean Maids reserves the right charge a cancellation fee of $45 for late cancellations. A cancellation will be considered late if the service is canceled within 24 hours before an appointment. Cancellation fees may be charged for other reasons including not being able to get into the building for the service or not being able to contact the original person who booked the appointment. In cases where a Provider is sent to perform a service and aren’t able to perform that service at the fault of the Requester, a cancellation fee will always be charged. An example of not being able to perform the service at the fault of the Requester includes but is not limited to not being able to gain entry to perform the service, not having a source of power, or not having a source of water. In select cases, a cancellation fee may be waived as a show of good will. This will not invalidate the cancellation fee for other users.
The headings in this document are for reference only and shall not affect the interpretation of any meanings of words, terms, sections, or the construction of this Service Policy.
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Service Policy shall operate or be construed as a waiver thereof.
Any claim relating to That’s Clean Maids Platform, website, or services shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.