SUBSCRIBTION TERMS
Cleaning Subscription Policy for Cleaning Chief NYC Inc. Effective Date: 17 August 2024
1. Introduction
Welcome to Cleaning Chief NYC Inc. (“Cleaning Chief,” “we,” “us,” or “our”). We prioritize the privacy and security of our VIP clients’ personal information. This Cleaning Subscription Policy (the “Policy”) outlines the terms and conditions governing the cleaning services subscription provided by Cleaning Chief NYC Inc. (the “Company”) to its subscribers (the “Subscribers”). By subscribing to our cleaning services, you agree to the terms outlined in this Policy.
2. Definitions
For the purposes of this Policy:
• Billing Cycle: Refers to the monthly period for which the subscription fees are charged and services are provided.
• Unused Visits: Any scheduled cleaning service that is not completed within the billing cycle and remains unused by the Subscriber. • Services: The residential or commercial cleaning services provided by the Company as described in the subscription plan.
• Subscription Plan: The specific package of services, fees, and benefits selected by the Subscriber.
• Subscriber: An individual or entity that has enrolled in a cleaning services subscription plan with the Company.
• Promotional Offers: Special deals or discounts offered by the Company for subscribing to services.
3. Subscription Services
Cleaning Chief provides cleaning services under various subscription plans tailored to meet the unique needs of our VIP clients. These services may include:
• Property Cleaning: Regular maintenance cleaning for residential or commercial properties.
• Deep Cleaning: Intensive cleaning covering areas typically missed in regular cleanings.
• Move-In/Move-Out Cleaning: Comprehensive cleaning services for properties before or after moving.
• Post-Construction Cleaning: Cleaning services following construction or renovation projects, including debris removal and detailed cleaning. • Specialized Cleaning Services: Services such as carpet & upholstery cleaning, eco-friendly green cleaning, and more.
Customization: The scope and definition of the cleaning services will be determined on a case-by-case basis based on the services agreed upon via online booking, email, or over the phone.
Scheduling: Services may be offered on a weekly, bi-weekly, or monthly basis, as agreed upon at the time of subscription.
Exclusive Benefits: VIP Subscribers may receive exclusive discounts, priority scheduling, complimentary services, and other special perks, as communicated directly to the Subscriber.
4. Payment Terms
Subscribers are required to prepay the full monthly subscription amount. Payments will be automatically processed via the payment method provided at the start of each billing cycle. Payments are non-refundable except under conditions described in this Policy.
• Upfront Payments: Full payment is required for one-time and first-time services at the time of booking. Payment confirms the appointment and ensures the booking is secured.
• Deposits: For certain high-value or specialty services, including but not limited to post-construction cleaning, deep cleaning, and large commercial contracts, a non-refundable deposit of 50% is required at the time of booking. This deposit will be retained if the client cancels or reschedules within the penalty period.
• Post-Service Payments: For recurring services, including subscription models, payments are due immediately upon completion of each service. Invoices will be sent electronically, and clients are expected to settle the invoice immediately upon receipt.
• Subscription Services: For clients enrolled in monthly or weekly subscription plans, payments are due at the beginning of each billing cycle. Subscription fees will be automatically charged to the client’s payment method on file unless otherwise arranged.
• Late Fees: Payments not received within 7 days of the due date will incur a late fee of 1.5% per month on the outstanding balance. Continued non-payment may result in service suspension or termination, and outstanding balances may be referred to a collection agency. • Authorization to Charge:
• By agreeing to these Terms and Conditions, the client authorizes Cleaning Chief to charge the credit card or bank account on file for any unpaid balances, including but not limited to service fees,
cancellation fees, deposits, late fees, and charges for additional services requested by the client.
• In the event that the payment method on file is declined, the client agrees to provide an alternative payment method promptly. Failure to do so may result in service suspension or legal action to recover the outstanding balance.
• Refunds and Credits:
• Refunds for prepaid services will be processed according to the terms outlined in the cancellation policy.
• Credits for future services may be offered at Cleaning Chief’s discretion.
5. Discounts and Perks
Subscribers may receive discounts or special perks based on their specific subscription plan. These are applied at the Company’s discretion and may vary. Discounts for completed visits will affect refund calculations, as outlined in Section 7 of this Policy.
6. Service Delivery
The Company will provide cleaning services according to the agreed-upon subscription schedule. While the Company makes every effort to accommodate scheduling needs, services are subject to availability.
• Access Requirements: If a Subscriber fails to provide access to the premises or necessary instructions, the service may be considered forfeited without refund.
• Specialized Cleaning Scheduling: Services such as couch and carpet cleaning must be scheduled in advance and are subject to availability.
7. Subscriber Responsibilities
Subscribers are responsible for:
• Providing Access: Ensuring that Cleaning Chief employees have unobstructed access to the premises at the scheduled service time. This includes providing keys, access codes, or ensuring someone is present to allow entry. Failure to provide access may result in a cancellation fee as outlined in the cancellation policy.
• Securing Pets: Securing pets in a manner that ensures the safety of both the pets and Cleaning Chief employees. Cleaning Chief will not be responsible for pets escaping or being injured during service unless directly caused by employee negligence.
• Safe Environment: Ensuring that the premises are free from hazards that could endanger the safety of Cleaning Chief employees. This includes ensuring that there are no dangerous chemicals, unstable structures, or other risks present.
• Preparation for Service: Encouraging clients to declutter the service area prior to the arrival of Cleaning Chief employees. This allows the cleaning team to focus on deep cleaning tasks rather than organizing items. Cleaning Chief reserves the right to decline tasks outside the scope of agreed services.
Failure to meet these obligations may result in the service being canceled without refund. The Company is not responsible for any damages caused by failure to follow these guidelines.
8. Termination and Cancellation
Termination by Subscriber:
Subscribers may cancel their subscription at any time by providing written notice to the Company. If canceled before the end of the billing cycle, Subscribers will be refunded for any unused visits, with deductions for any discounts applied to completed visits during the billing cycle.
Termination by Cleaning Chief:
The Company reserves the right to terminate a subscription for:
• Failure to meet payment obligations.
• Substantial breach of the terms outlined in this Policy.
• Situations that compromise the safety or well-being of Cleaning Chief employees.
In such cases, no refunds will be issued for terminated agreements. Effect of Termination:
Termination of the agreement does not absolve the client of any outstanding payments for services rendered. Cleaning Chief reserves the right to pursue legal action to recover unpaid balances.
9. Refund Policy for Unused Visits
Refunds for unused visits during the billing cycle are subject to the following conditions:
• Refund Requests: Subscribers must contact the Company’s support team at least one week before the end of the current billing cycle to request a refund.
• Refund Calculation: Refunds will be issued for the total value of unused visits within the billing cycle, minus any discounts applied to completed visits. The discount deduction is calculated individually for each visit.
• Non-Refundable Subscriptions: Subscriptions purchased as part of promotional offers or discounts are not eligible for refunds. • Refund Method: Refunds will be processed using the original payment method.
10. Modifications to Subscription
The Company reserves the right to modify the terms of this Policy, including pricing, services, and discounts, with prior written notice to Subscribers. Any changes will take effect at the start of the next billing cycle. Continued use of the subscription services after such changes constitutes acceptance of the new terms.
Review and Updates:
These Terms and Conditions will be reviewed annually; however, Cleaning Chief is not obligated to maintain a log of changes or to apply updates unless deemed necessary by management.
11. Limitation of Liability
To the fullest extent permitted by law, Cleaning Chief NYC Inc. shall not be liable for:
• Indirect or Consequential Damages: Any indirect, incidental, special, or consequential damages, including loss of profits, arising out of the use or inability to use the services provided under this Policy.
• Damage to Property: Any loss, theft, or damage to property, unless directly caused by the gross negligence or willful misconduct of Cleaning Chief employees. Clients are advised to secure valuables before the service begins.
• Personal Injury: Any injuries or accidents occurring on the client’s premises, except where directly caused by the negligence of Cleaning Chief employees. Clients are responsible for maintaining a safe environment during the service.
• Third-Party Actions: Cleaning Chief shall not be liable for any actions or omissions by third-party service providers, subcontractors, or vendors involved in the provision of services.
Maximum Liability:
In any event, Cleaning Chief’s total liability shall not exceed the total subscription fees paid by the Subscriber in the last billing cycle.
12. Indemnification
Subscribers agree to indemnify, defend, and hold harmless Cleaning Chief NYC Inc., its officers, directors, employees, and agents from any and all claims, damages, losses, or liabilities (including reasonable attorneys’ fees) arising from:
• Their use of the services.
• Violation of this Policy.
• Breach of any other obligations under this Policy.
13. Force Majeure
The Company shall not be held responsible for any delay or failure in performance due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, pandemics, labor strikes, or interruptions in utilities or services.
14. Dispute Resolution
Any disputes arising from or relating to this Policy shall be resolved through binding arbitration in the State of New York. Arbitration is typically faster and less costly than litigation and provides a final resolution. Each party will bear its own costs, and the decision of the arbitrator will be final and enforceable in any court of competent jurisdiction.
• Mediation Option: Prior to arbitration, the parties agree to attempt to resolve the dispute through mediation with a neutral third-party mediator. Mediation is non-binding and aims to facilitate a mutually agreeable resolution.
• Attorneys’ Fees: The prevailing party in any arbitration proceeding shall be entitled to recover reasonable attorneys’ fees and costs from the non prevailing party.
15. Governing Law
This Policy shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
16. Waiver of Warranties
Except as expressly provided in this Policy, the Company disclaims all warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. The Company does not guarantee specific outcomes or results from the services provided.
17. Entire Policy
This Policy constitutes the entire understanding between the Company and the Subscribers with respect to the subject matter hereof and supersedes all prior negotiations, discussions, or agreements, whether written or oral.