Terms & Conditions
Effective Date: August 1, 2024
Parties:
EverFresh Cleaning Referral Agency (hereinafter referred to as “Agency”)
Client (hereinafter referred to as “Client”)
1. Introduction
This Terms of Service is a referral agreement between EverFresh Cleaning Referral Agency and the Client. The Agency is an Employment/Domestic Referral Agency that assists clients in finding House Cleaners, Carpet Cleaners, and other independent Service Providers. The Client has requested the Agency’s services to identify potential domestic workers to provide housekeeping services in the Client’s home.
2. Referral Service
The Agency’s role is to recruit and retain independent domestic workers. All Service Providers undergo an interview with the Agency, during which their skills and availability are assessed.
3. Payment
Payment is due at the time of service scheduling.
The Client may provide a valid credit card to be kept on file for billing.
The referral fee charged by the Agency is negotiable and based on a fixed percentage of the service cost per the Agency’s fee schedule.
No refunds will be issued for cleaning services.
4. Cancellation
Failure to notify the Agency 24 hours in advance of cancellation will result in a $99 fee.
No refunds for the cancellation charge unless the Agency excuses the fee due to a valid emergency.
5. Lock Out or No-Show
If the Client is unavailable or access arrangements are not made, resulting in the Service Provider being unable to enter, a $99 lock-out charge will apply.
No refunds for the lock-out charge unless the Agency excuses the fee due to a valid emergency.
6. Service Provider Performance
A “walk-through” or inspection is required at the completion of service for quality assurance.
If the Client is unsatisfied with the service, the Service Provider must be contacted on-site immediately after service completion.
7. Direct Hiring Prohibited
The Client agrees not to directly engage any referred Service Provider during the term of this Agreement and for 9 months after termination without informing the Agency.
If the Client hires a Service Provider without informing the Agency, the Client agrees to pay a $5,000 finder’s fee.
8. Performance of Services
The Service Provider is solely responsible for the satisfactory performance of services.
The Agency is not liable for any claims, losses, or damages arising from the Service Provider’s actions or unsatisfactory performance.
No refunds will be issued for cleaning services.
9. Independent Domestic Worker
The Agency is not the employer of the referred domestic worker.
The Client acknowledges potential employer responsibilities, including payment of State and/or Federal employment taxes.
The Client agrees to indemnify the Agency against any claims arising from the failure to pay such taxes.
10. Acceptance of Terms
The Client’s engagement or utilization of a referred Service Provider constitutes acceptance of this Agreement, even if the Agreement is not returned to the Agency.
11. Termination
The Client reserves the right to replace or terminate the Service Provider for any reason.
12. Attorney’s Fees
The Client agrees to pay all reasonable costs, including attorney’s fees, incurred by the Agency to enforce this Agreement.
13. Governing Law/Jurisdiction
This Agreement is governed by the laws of the State of California.
Any legal action must be brought in Orange County, California.
14. Electronic Signatures
This Agreement may be executed by original, facsimile, or electronic signatures.
The Client may log in to the Agency’s website to accept or reject this Agreement at any time.
15. Service Fee
A 3.05% Service Fee will be added to every booking.
16. Refund Policy
No refunds will be issued for cleaning services.
If the Client fraudulently requests a chargeback, the Client shall pay $750 in Liquidated Damages in addition to the cost of service.
17. Background Check Request
The Client may request a background check for any referred Service Provider.
The Agency will provide an attestation of completion but not the actual results.
The Client agrees to comply with applicable laws related to background checks.
18. Privacy Policy
Personal information will only be shared with third parties if necessary to provide services or required by law.
Information may be shared with:
Independent domestic referrals
Payment processing partners
Service-providing software partners
Digital photographs may be taken for internal records or social media to attract new customers.
Private information will not be shared publicly without consent.
You can read our Privacy Policy here.
19. SMS Opt-In
The Client may opt in to receive SMS messages from the Agency.
Msg & data rates may apply.
To opt out, reply with “Stop.”
20. Waiver of Liability and Hold Harmless Agreement
The Client acknowledges and agrees to the following:
a. COVID-19 Acknowledgment
The Client understands the hazards of COVID-19 and is familiar with CDC guidelines.
The Client accepts full responsibility for staying updated on CDC guidelines.
b. Indemnification
The Client shall indemnify, defend, and hold harmless the Agency from any claims, losses, or expenses arising from exposure to COVID-19.
c. Assumption of Risk
The Client assumes the risk of contracting or spreading COVID-19.
d. Governing Law
This Agreement is governed by the laws of the State of California.
e. Jury Trial Waiver
The Client knowingly and voluntarily waives the right to a jury trial for any dispute arising from this Agreement.
21. Discounts
Most discounts apply only to Deep Clean or First Time Cleaning.
Discounts may be used only once.
22. Acknowledgment
By signing this Agreement, the Client acknowledges:
They have read and understood the Terms of Service.
They sign voluntarily and are at least 18 years of age.
No oral representations or inducements have been made outside this written Agreement.
Note: Terms may change without notice.