TERMS OF SERVICE

Created on October 10, 2017 and last updated on October 19, 2017

We are The Cleaning Champs, Inc. (herein referred to as “The Cleaning Champs or TCC”), and we’re thrilled you have decided to use our services, including, but not limited to, the technology and/or functions offered on our website and all related sites, and applications, from client service team, cleaners, and third-party vendors, all of which are herein referred to simply as the “Services.”

These Terms of Service (herein referred to as the “Terms”) are the rules that govern our relationship with you. Although we’ve done our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: these Terms form a legally binding contract between you and The Cleaning Champs, Inc., so please read them carefully!

  1. Authority

By using the Services, you state that:

  • You can form a binding contract with The Cleaning Champs, Inc.;
  • You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations; and
  • You understand that The Cleaning Champs, Inc. is protected by relevant copyright laws.
  1. Services

A. Our Services In General

The Cleaning Champs, Inc. agrees to provide you with the Services and you agree to pay the quoted price for the Services, unless otherwise agreed to in writing.

B. Cleaning Supplies and Equipment

We use and provide environmentally friendly supplies and nearly all equipment that is required for cleaning your apartment, with a few exceptions. Unless specifically stated in writing by The Cleaning Champs, Inc., we do not provide:

  • Vacuum:
  • Conventional mop and bucket
  • Paper towel
  • Step stool
  • Toilet brush;

Specialty products, including, but not limited to:

  • Heavy-duty bathroom cleaner;
  • Wood cleaner;
  • Bleach;
  • Stainless steel cleaner

We are happy to use these items, if provided by you, left out in clear view for our cleaners and accompanied by directions on their use. For weekly or biweekly cleanings you must also provide the all-purpose cleaner, soft-scrub, window cleaner and floor cleaning supplies.

In addition, The Cleaning Champs, Inc. requires that you must have running water so that we can properly perform our Services.

C. Next Day Clean Guarantee

This Section 2(C) explains what we mean by Next Day Clean Guarantee.

We are committed to our next day guarantee and our promise:

If for any reason, you are not 100{5e80d069a815b0bca713e9eabda68a0b44a3dca1a40f7167bdfa1dba9dc1a627} satisfied with the quality of the completed work, we will immediately re-do the cleaning at no additional cost. No excuses! Just a free re-clean, with a smile. Your satisfaction is our highest priority!

You can request a free re-clean either by email (info@thecleaningchamps.com) or by phone (718-484-7412) as long as the original cleaning was completed within the past 48 hours of the re-clean request and the free re-clean is scheduled and completed within 72 hours of the re-clean request.

We promise:

  • To care for your home and family as if they are our own
  • To always go the extra mile
  • To arrive on time and clean your home the way you like it
  • To thank you for reviewing our services and recommending us to your friends and family members

There is no limit on how many free re-cleans you can receive over the course of your relationship with TCC. With that said, we reserve the right to require additional time and payment for future cleans and/or void our Next Day Clean Guarantee for future cleans if free re-clean are requested excessively.

Please note that if you receive a free re-clean, any extra services you add to that free re-clean that were not part of the Services included within your original cleaning are not part of our Next Day Clean Guarantee and you will be charged for them.

D. Safety

We strive to foster a safe environment for everyone. Our professional cleaners are background checked, insured and bonded. We reserve the right to remove our professional cleaners from your home should in the event that the environment becomes unsafe.

That’s where you come in. By using the Services, you agree to assist in fostering a safe environment by:

  • Identifying fragile items and communicating this to our cleaner or our client service team prior to the start of your cleaning appointment;
  • Accounting for and securing all valuables prior to the start of your cleaning appointment;
  • Notifying us of pets and, if necessary, placing them in designated enclosures that will not threaten professional cleaners or impede our Services;
  • Removing any biohazards, including, but not limited to, human bodily fluids, animal waste, rodent feces, live/dead insects, and sharp bio-products (Such as needles, IV tubing, etc.);
  • Not requiring or requesting the lifting and/or moving of furniture and/or heavy items; and
  • Ensuring that all construction and/or renovation work (including touch-ups) has been completed, that all contractors have left, and that all equipment has been removed – prior to our arrival.

In the event that you do not comply with this Section 2(D), our Next Day Clean Guarantee will be voided, we may direct our professional cleaners to leave your location (at the discretion of Management), and our Cancellation Policy (which is explained below) will apply.

E. Cancellation Policy

While we are sensitive to last-minute schedule changes, we require 48-hours notice for all cancellations. Due to the high demand for our services, we charge a $45 cancellation fee for all appointments canceled after this 48-hour window. If a Cleaning Champ professional arrives at a scheduled cleaning appointment and is unable to gain access to your home, we are unable to refund the charge for the appointment. You may cancel or reschedule your booking free of charge, provided you give at least 48 hours’ notice. Again, please note that you must cancel at least 48 hours prior to the start time of your booking, or a $45 cancellation fee will be incurred. Please do not inform your cleaner directly of any changes to your schedule as this must be done directly online. Please be sure to submit in writing (via email) any termination of regularly scheduled cleanings.

Finally, please note that if our Services are provided under a separate written agreement with you, and if any part of that agreement conflicts with these Terms, including a separate cancellation policy.  That cancellation policy (and not this Section 2(E)) will apply to you.

F.Damages

Our professional cleaners will conduct themselves professionally in your home. In the rare event that accidental damage occurs, you will need to:

  • Notify our office within 48 hours of when the appointment is completed, either by email (info@thecleaningchamps.com) or by phone (718-484-7412);
  • Provide us with a photo and estimate of the damages, ;
  • Be available to be contacted.

We cannot guarantee reimbursement for damages that do not comply with this paragraph.

Except in emergencies (e.g. a leaking toilet), you must not undertake the repair or replacement of the damage for which you seek reimbursement.

The Cleaning Champs, Inc. reserves the right to contract suitable professionals to repair damages, and will make payment arrangements directly with its contractors to settle any damage repair.

G. Pricing and Discounts

The Cleaning Champs, Inc. may change the pricing and discounts of its Services (herein referred to as “Pricing or Discount Change”) in its sole discretion and at any time. Any Pricing or Discount Change will become effective immediately, unless stated otherwise.

Most of the time, Services booked before the time of the Pricing or Discount Change (herein referred to as “Existing Services”) will retain the original pricing, as long as no modifications are made to the Existing Services. Any modifications to the Existing Services will void the original pricing of the Existing Services and the price of the Existing Services will be subjected to the Pricing or Discount Change.

In the case that Existing Services are not modified, but are nonetheless subject to a Pricing or Discount Change, The Cleaning Champs, Inc.  will send an email advising the client of the Pricing or Discount Change. Failure to receive or save an email announcing the Pricing or Discount Change will not invalidate the Pricing or Discount Change.

Additionally, accurate and up-to-date pricing will always be stated on our website.

Your continued use of the Services after the Pricing or Discount Change comes into effect constitutes your agreement to pay the price modified by the Pricing or Discount Change.

  1. Electronic Services and Licenses

The Cleaning Champs, Inc. grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use our desktop and mobile website, Face book page, mobile application, and other related electronic services (herein referred to as “Electronic Services”).

Any software that we provide to you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through the settings on your device.

You may not copy, modify, distribute, sell, or lease any part of our Electronic Services, nor may you reverse- engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. You may not use our branding, logos, designs, photographs, videos, or any other materials appearing or used in our Electronic Services, without our written consent.

In summary: you may not use the Electronic Services or the content on the Electronic Services in ways that are not authorized by these Terms. nor may you help anyone else to do so.

  1. Rights You Grant Us

Our Electronic Services may let you post, send, receive, upload, store content, and provide feedback or suggestions (herein referred to as “Content and Feedback”). When you do this, you will retain any ownership rights you initially had to that Content and Feedback, but this constitutes a license for The Cleaning Champs, Inc. to use your Content and Feedback as well without providing you compensation.

  1. Privacy and Security

Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to read Privacy Policy carefully because, by using our Services, you agree that The Cleaning Champs, Inc. can collect, use, and share your information in a manner consistent with that policy.

If you feel that we are not following our Privacy Policy, you may contact us either by email (info@thecleaningchamps.com) or by phone (718-484-7412).

  1. Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur when using our Services (and/or Electronic Services) including text-messaging and data charges. If you are unsure of what those charges may be, you should ask your service provider before using our Services (and/or Electronic Services).

  1. Third-Party Entities

We have not reviewed all content that may link or refer to our Services and we are not responsible for the content generated by third-party entities. The inclusion of any reference to The Cleaning Champs, Inc. by third-party entities does not imply endorsement by us. Use of any such content is at your own risk.

If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including any Services that we jointly offer with the third-party), each party’s terms will govern the respective party’s relationship with you. The Cleaning Champs, Inc. is not responsible or liable for a third party’s terms or any actions taken under the third party’s terms.

  1. Modifying the Services and Termination

We may add or remove features, products, or functionalities to our Services, or suspend or stop the Services altogether. We may take any of these actions at any time without prior notice.

While we hope you will remain a lifelong client, we require 48-hours notice for all cancellations. Due to the high demand for our services, we charge a $45 cancellation fee for all appointments canceled after this 48-hour window. If a professional cleaner arrives at a scheduled cleaning appointment and is unable to gain access to your home, we are unable refund the charge for the appointment. You may cancel or reschedule your booking free of charge, provided you give at least 48 hours’ notice. Again, please note that you must cancel at least 48 hours prior to the start time of your booking, or a $45 cancellation fee will be incurred. Please do not inform your cleaner directly of any changes to your schedule as this must be done directly online. Please be sure to submit in writing (via email) any termination of regularly scheduled cleanings.

The Cleaning Champs, Inc. may also terminate the Services it provides you at any time, for any reason, and without prior notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, if a professional cleaner arrives to do a deep cleaning and the conditions are described as extremely filthy. We will cancel your selected service and request that you upgrade to the appropriate service.

Regardless of who terminates the Services, both you and The Cleaning Champs, Inc. will continue to be bound by all Sections.

  1. Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless The Cleaning Champs, Inc.  , our affiliates, directors, officers, stockholders, professional cleaners, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to your access to, or use of, the Services and your breach of these Terms.

  1. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN ADDITION, WHILE THE CLEANING CHAMPS, INC. ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY PRICING, TERMS, CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

THE CLEANING CHAMPS, INC. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY GREATER THAN REQUIRED BY APPLICABLE LAW.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CLEANING CHAMPS, INC. AND OUR MANAGING MEMBERS, SHAREHOLDERS, PROFESSIONAL CLEANERS, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) OUR PROVISION OF, FAILURE TO, OR INABILITY TO RENDER, AND YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE, THE SERVICES OR (B) THE UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF THE CLEANING CHAMPS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Dispute Resolution

     A. Small Claims Court

Either you or The Cleaning Champs, Inc. may bring an individual action to small claims court.

     B. Arbitration Generally

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND THE CLEANING CHAMPS, INC. TO AGREE TO RESOLVE CERTAIN DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

All claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of, or relating to, these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and The Cleaning Champs, Inc. are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, logos, and trade secrets.

1.Arbitration Rules

The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available at the AAA website (www.adr.org), or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $25,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes in which the total amount sought is $25,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

2. Additional Rules for Non-Appearance Arbitration

If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

3. Arbitration Fees

If you choose to arbitrate with The Cleaning Champs, Inc., arbitration fees and arbitrator compensation will be governed by the AAA Rules. If you bring a claim subject to arbitration, are unable to pay all or a portion of your fees, and wish to have all or part of your fees covered by The Cleaning Champs, Inc., you must present a written statement to The Cleaning Champs, Inc. detailing the amount you would have had to pay as filing fees and initial court costs if you had filed your claim in a court of competent jurisdiction, and subject to The Cleaning Champs, Inc. review and approval of the accuracy of such statement, you will only be liable to pay arbitration fees up to the amount set forth in the statement. The Cleaning Champs, Inc. will pay the remainder of the fees and deposits of arbitration. Notwithstanding the foregoing, each party will pay the fees for their own attorneys, subject to any remedies to which that party may later be entitled under applicable law.

4. Authority of the Arbitrator

The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and The Cleaning Champs, Inc. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and The Cleaning Champs, Inc.

5. Opt-Out

You may opt out of this Section 12(B) agreement to arbitration within 60 days of the first day on which you receive Services from The Cleaning Champs, Inc. (“Opt-Out Period”). If you do so, neither you nor The Cleaning Champs, Inc. can force the other to arbitrate. To opt out, you must notify The Cleaning Champs, Inc. in writing within the Opt- Out Period. Your notice must include your name, address, contact email address, and an unequivocal statement that you want to opt-out of this Section 12(B) agreement to arbitration. You must send your opt-out notice via certified mail to this address: The Cleaning Champs, Inc., ATTN: Arbitration Opt-out, Mailing Address:  2152 Ralph Avenue, BOX 543, Brooklyn, NY 11234.

6. Waiver of Jury Trial in Favor of Arbitration

YOU AND THE CLEANING CHAMPS, INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and THE CLEANING CHAMPS, INC. are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and The Cleaning Champs, Inc. over whether to vacate or enforce an arbitration award, YOU AND THE CLEANING CHAMPS, INC. WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

7. Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you, nor we, are entitled to arbitration; instead all claims and disputes will be resolved in a court, as set forth in Section 12.

8. Right to Waive

Any rights and limitations set forth in this Section 12 may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Section 12.

     C. Exclusive Venue

To the extent that these Terms allow you or The Cleaning Champs, Inc. to initiate litigation in a court, both you and The Cleaning Champs, Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of, or relating to, the Terms or the use of the Services will be litigated exclusively in the State of New York.

  1. Choice of Law

The laws of New York, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of, or relating to, these Terms or their subject matter.

  1. Severability

If any provision of these Terms is found to be unenforceable, then that provision will be severed from these Terms and will not affect the validity and enforceability of any remaining provisions.

  1. Additional Terms for Specific Services

We sometimes need to craft additional terms and conditions (herein referred to as “Additional Terms”) for your specific needs (herein referred to as “Specific Services”). The Additional Terms, in addition to these Terms, will also become part of your agreement with us if you use Specific Services. If any part of the Additional Terms conflicts with these Terms, the Additional Terms will prevail.

Real estate professionals who are using or referring clients to The Cleaning Champs, Inc. in a professional capacity should contact The Cleaning Champs, Inc. by email (info@thecleaningchamps.com) or by phone (718-484-7412) prior to booking for additional terms.

  1. Final Terms; No Third-Party Beneficiary, No Waiver; No Assignment; Reservation of Rights

These Terms (together with any Additional Terms) make up the entire agreement between you and The Cleaning Champs, Inc., and supersede any prior agreements.

These Terms do not create or confer any third-party beneficiary rights.

If we do not enforce a provision in these Terms, it will not be considered a waiver.

You may not transfer any of your rights or obligations under these Terms without our consent.

We reserve all rights not expressly granted to you.