Welcome to Charmed and Organized LLC subject to the terms of this Agreement, Charmed and Organized LLC agrees to provide residential and commercial cleaning and/or organization services to the Client at an address specified by the Client subject to the following Terms and Conditions (“Terms”). These Terms also govern your use of our website located at www.charmedandorganized.com (“Website”). By accessing our Website and using our services, you agree to be bound by these Terms.
DEFINITIONS
“Charmed and Organized LLC”, “The Company” , “We” “Our” or “Us”– means Charmed and Organized LLC and/or any franchisees trading under a franchisee agreement
“Services”- We offer a variety of cleaning services as described on our website or as agreed upon during the booking process.
“Booking”- refers to the act of reserving our cleaning and organizing services for a specified date and time agreed upon by both parties.
“Cleaner”, “Team” or “Team members”– means the person or firm carrying out cleaning services on behalf of Charmed and Organized LLC.
“Client”, “You”or “Your” – means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the cleaning services are supplied by Charmed and Organized LLC.
“Service” – means the cleaning services carried out on behalf of Charmed and Organized LLC.
“Location”- means the service address where the cleaning services will be performed.
“Cleaning Visit” – means the visit to the Client’s service address by the Cleaner in order to carry out the Service.
“Man Hours”- a unit of one hour’s work by one person
“Proposal”- An estimate of cleaning services and cost
III. USER OBLIGATIONS
As a user of our Website and Services, Client agrees to:
Provide accurate and current information when requested.
Use our Services for lawful purposes only.
Warrant that you have lawful access to the service Location.
Respect the privacy and boundaries of our staff and other clients.
IV. RESIDENTIAL AND COMMERCIAL CLEANING SERVICES
The Company agrees to provide Services as discussed and agreed upon by the Client and the Company. The Company reserves the right to refuse service to anyone.
We reserve the right to withdraw or amend any service without notice.
The Services include but are not limited to regular cleaning, customized cleaning, move in and move out cleaning, pre, post & during event cleaning, vacant property cleaning, spring cleaning services, carpet cleaning and hauling.
Cleaners are identified by their Charmed and Organized LLC uniform which are to be worn during the Services.
Should the Services overlap a meal time, the Cleaners are entitled to a 15 minute break to enjoy the refreshment they have brought with them.
All Services are carried out by trained Cleaners. Services are supervised. This does not mean that the supervisor/team leader will remain on the premises during the full duration of the Services. Should a team leader not be present as one of the Cleaners for the Services, then a supervisor/team leader will inspect the Services rendered by the Cleaners before the end of the Service.
The Company will always try to accommodate its regular Clients by assigning the same team to clean the Clients Premises however we reserve the right to change the Team members on a regular basis and Cleaners are also subject to availability.
SPECIAL POLICIES AND SERVICE LIMITATIONS
Charmed and Organized LLC is a cleaning and organization company and thus are limited in the services that we provide due to insurance and safety concerns. In an effort to be transparent and informative as possible, some things that we don’t offer include but aren’t limited to:
Disassembling light fixtures
Disassembling seals on shower doors
Disassembling furniture to clean it
Disassembling any appliance (besides oven racks and fridge shelves)
Removing permanent stains from furniture, floors, cabinets, carpets, etc.
Carpet steam cleaning
Washing the walls
Hand-scrubbing or steam cleaning floors
Cleaning areas that are outside the reach of a 2-step ladder
Charmed and Organized LLC is not a moving company. Team members are only required to pack boxes and they do not have to lift them and our staff are not permitted/required to:
Lift or move heavy furniture over 25 lbs.
Lift or move large fragile items.
Move furniture onto or off of trucks.
Move furniture or boxes off of moving trucks
Move anything into the desired location from another location.
We suggest all materials be already placed in the space before our arrival. If the Client requires the Cleaner to clean behind or under any heavy items (eg. a fridge, bookshelf, or other furniture), the Client will move those items prior to the commencement of the Service.
We are not an extermination or mold/biohazard remediation company and cannot provide services in residences that show evidence of a health or safety hazard. If there are signs of a hazard as defined below, we reserve the right to refuse to clean (or immediately stop cleaning) and must cancel Services and charge our lock-out fee of 50% of the scheduled cleaning.
Should you require our Cleaners to operate washing machines or dryers, this is done at your own risk. 5. Our Cleaners can clean windows if accessible. In the case of the windows not being accessible for our Cleaners to clean, the Company can arrange a window cleaning specialist at an additional cost.
Our Cleaners can vacuum carpets; however we are not carpet or upholstery specialists. For carpet and upholstery cleaning, the Company can arrange a specialist at an additional cost.
EQUIPMENT AND CLEANING MATERIALS
Cleaning materials are provided by the Company. If you require us to use your solutions or equipment they must be safe to use/operate, in full working order and must not require any special skills to be used for the purpose of cleaning.
If the Client has equipment that is complicated to operate, the Client must provide clear and detailed instructions to the Cleaner.
If the Client requires the Cleaner to use their own materials and equipment including vacuum cleaner the Company cannot accept any liability should anything go wrong with either the equipment or the outcome of using it.
VII. QUOTES AND ESTIMATES 1. Any price quoted by the Company is an estimate only based on the Company’s experience without inspection of the Location and on information provided by the Client. Quotes are valid for a period of 14 days from the date of the quote.
At the time of the estimate the Client must provide details of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime located at the Premises.
The Company reserves the right to amend the initial quote, should the client’s original requirements change or costs for Charmed and Organized LLC increase. 4. The actual price payable by the Client is calculated based on the location, condition of service location, tasks at hand, scope of work, materials used, size of the team of the Cleaners, special requests and estimated number of hours to be worked by the Cleaner(s) and/or by the quoted contracted time allocated at time of the booking.
5. If at the commencement or during the course of providing the Service, it is apparent that the actual cost of the Service will exceed the quote provided by the Company, The Company will amend the estimate and provide a new estimate to the client for approval prior to commencement or continuation of Services.
6. The Client must inform the Company. whether Services are for an ‘end of tenancy’ (Move Out Services) at the time of quotation. 7. The sales advisors can only give a rough estimate of the duration of the cleaning service. This estimate is based on the average time it takes to clean a home or office of similar size to the Client’s and the basic description of the Client’s premises. It is difficult to estimate precisely how long such tasks may take and a degree of flexibility may be required.
VIII. BOOKING AND PRICING TERMS
Based on the size of the Location and any add-ons, your booking includes a maximum number of man-hours Team members will spend completing the work outlined in our service checklists.
Some important details regarding our pricing:
You should be as specific and honest as possible when booking to ensure all Services are fit to your needs. The risk in under-booking is that the Services may only be partially completed, and our schedule may not allow Team members to stay longer.
In order to book our services, we require a credit card for our records.
In order to verify accurate information of the Location, we will check the size and layout of the Location against public records.
Because we do not perform a walk-through at the time of booking to verify the size and condition of the Location before Services are rendered, our pricing estimates reflect assumptions of the level of cleanliness and the amount of time/effort required to Service.
On the day of Service, our Team will perform a walkthrough of the Location before starting Services. They will take note of any items or areas that need special care or specific instructions from you and will assess if the package you purchased allows the Team adequate time to complete the job to a satisfactory level. We will notify you if we cannot complete the Services in the estimated time frame and will give you the option to either add more time to the Services for an hourly charge, or have us focus on your top priorities within the allotted time frame. We add time to the service in 30-minute increments charged at $40/person/hour, up to an additional 6 man-hours. If Client requires more time than this, a second booking is highly recommended to complete Services.
Deep cleaning tasks are always priced separately, beyond the basic cleaning and are to be added by request of the client
The Company reserves the right to suspend the Services if payments are not received on the due date.
The Company reserves the right to adjust service rates at any time. You will be notified 30 days prior to any price increases.
If the Client needs to change a cleaning day or time the Company will do its best to accommodate them. A minimum of 24 hours notice is required. Please note that the Company cannot guarantee that the same Cleaner or Team will be available on the new day and at the time the Client requires. Any changes in the cleaning schedule are subject to availability.
ADDITIONS AND AMENDMENTS TO SERVICES
Any changes to the Service to be provided must be agreed by the Company prior to the Service Time. 2. If the Client requires any additional services or variations at the time the Service is being performed, the Client must first contact the Company by telephone, who may agree to provide the additional services in its absolute discretion. The Cleaner is not authorized to agree to any changes to the Service being provided and the Client must not request such changes directly from the Cleaner.
X. PAYMENTS
If the Proposal stipulates an advance payment, the Company will not commence Services as set out in the Proposal until the advance payment has been received by the Company.
If no payment has been made by the Service Time, the Company will use reasonable endeavors to contact the Client for payment. In the event that the Company cannot contact the Client or payment is not made by the Service Time, the Client will be deemed to have canceled the Service, and the Client must pay any cancellation fees or charges due.
Where, the Company agreed to invoice the Client for payment of fees after the Service has been completed, the Client agrees to pay in full, all fees due, within 7 days of the invoice date.
Any amount not paid on the due date shall bear a 10% penalty fee for each day that the payment is late unless alternative arrangements can be made with the accounts department.
All payments must be made in US Dollars.
Payments may be made via Cash, Checks, ACH/bank transfer or Credit Cards (We accept Visa, MasterCard, American Express and Discover). All cash payments are to be given to the Cleaners before the Service commences. All checks are to be made to the Company.
CC processing is subject to a 3% fee.
If Client chooses to pay by check, you will be responsible for all bank and legal charges resulting from a dishonored check and the Company will charge you a $35 return check fee 8. The Company will hold a credit card on file to use in the event that payment is not left for a scheduled cleaning. 9. Recurrent Clients will be charged according to the frequency of the cleaning, which is listed in the original estimate. 10. The Company will not share the Client’s card details with a third party.
The Company reserves the right to report any non-payment to a collection agency.
TIPPING
Gratuity is not required but always appreciated for a job well done. 10 – 15% is the general rule of thumb.
If you are happy with the Services performed and choose to leave gratuity, you should please leave the tip at the service Location on the day of Services (separately from Service payments). We also offer the convenience of doing this by charging your credit/debit card on file.
XII. REFUNDS 1. No refund claims will be given once the Services have completed. If for any reason the Client is dissatisfied with any aspect they must notify the Company within 24 hours and this will be rectified. 2. Refunds will be issued only if the Client has canceled Booked Services within the allowed time (24 hours) prior to the start of the cleaning session and a payment has been already received by the Company . 3. Refund will be issued if a Cleaner does not attend a cleaning visit, payment for which has been already received by the Company.
XIII. CANCELLATION 1. The Client agrees to pay a cancellation fee of $100, if:
The Client cancels or changes the date/time less than 24 hours prior to the scheduled appointment;
The Client fails to provide access to the service premises thus preventing the Company to carry out the booked work;
There is a problem with the Client’s keys and the Cleaner cannot let themselves in. If keys are provided they must open all locks without any special efforts or skills.
XIV. TERMINATION 1.Recurring Clients may terminate Services at any time within 24 hours notice of a scheduled Service date by providing written notice to the Company. Upon termination, the Client will be responsible for paying for any outstanding invoiced for Services rendered up to the date of termination.
Failure to terminate recurring services in a timely manner will result in a cancellation fee of $100.
SKIPPED CLEANINGS & CANCELLATIONS
As a client, a part of what you pay for is a consistent spot on our schedule. Having a consistent spot ensures that you receive a discounted rate. Any gaps in regular service MAY increase your rate if additional time is needed in order to bring the Location back to maintenance level.
If you need to cancel or reschedule your cleaning service, please give us at least 24 hours notice. Please consider our scheduling/preparations and that we are reserving a time slot for your Services. A cancellation fee of $100.00 will be applied to all accounts that are not canceled/rescheduled at least 24 hours before your scheduled cleaning day.
XVI. NON -APPEARANCE
If a Cleaner fails to appear at the Location within 2 hours of the Service time and does not provide the requested Service, the Company will provide the Client with either: 1. An offer to reschedule the Service at another time mutually agreed between the Client and the Company.
Cancellation of Serviced and a refund of any pre-paid fees.
XVII. ARRIVAL DAY/TIME
All Services occur between our regularly scheduled work day and service hours. Given that each Location we service varies in the amount of time it takes to clean and/or organize, we can not guarantee an exact arrival/ departure time.
There will generally be 1 – 5 Team members assigned to your Location after the First Time Clean. Given how scheduling works, we are unable to guarantee the same Team members each visit. The Company makes every effort to consistently schedule a predetermined set day that we arrive for each cleaning. If for any reason we need to reschedule due to Team member illness or other unforeseen circumstances, we will give you as much notice as possible.
We recommend that the Location is unoccupied when Services are performed. This way we can be the most efficient and give the best rate possible. We understand this may not always be possible and it would just need to be something to be discussed before setting up service. For example, if a client has a home office and is on conference calls, we would need to arrange our cleaning visits around that since we wouldn’t be able to run the vacuum cleaner during that time.
XVIII. ACCESS
The Client is responsible for providing the Company access to the Location on the scheduled service date. We offer four entry options, please inform the Company of the preferred method before the service date.
The Client may opt to be home to allow access to the Location on the day of the service. The Company cannot guarantee the exact arrival time so the Client must be home between the time scheduled to let the Cleaner/s into the Location.
The Client provides a key, garage door opener or code to gain access to the Location. Keys will be placed in a secure lockbox at the Company’s office. The Cleaner or Team will be issued a key the day of your scheduled service to gain access to the Location. The key will be signed out by the Cleaner or Team and signed in after each scheduled Service and placed back in the lockbox.
The Client can place a lockbox with a key at the Location and provide the Company with the passcode.
Should the Client reside in a condo or apartment building the Client may leave a key at the front desk for the Company to gain access.
If the Location has a security system, please ensure that it is turned OFF prior to our Cleaner’s or Team’s arrival, or inform the Company of the correct codes and code entry method before your scheduled clean. Please be sure to notify our office of any updates. The Company is not responsible for any charges from local police departments or security groups which may be called as a result of a security alarm in which we cannot deactivate.
Due to liability, safety, and security reasons, the Company staff will not enter any Location without express permission and clear access instruction prior to a scheduled clean. If no one is at the Location or our Cleaners are turned away for any reason the Service will not be performed and cancellation fees will apply.
Lock Out Fee-In the event that the Client does not provide access to the Location for the Company or its Cleaners to provide the Service, the Client agrees to pay a cancellation fee of $100.
XIX. ELECTRICITY AND WATER NOTICE
We cannot effectively provide Services to a Location without electricity or running water. Please ensure that the service Location – especially if it is empty and in the middle of being sold/bought/turned over – will have electricity and running water on the day of service. Late Cancellation/Rescheduling fees may apply if we need to make last-minute schedule changes due to lack of electricity or water.
INSURANCE
The Company will maintain appropriate insurance coverage in relation to its potential liabilities under this Agreement.
XXI. SAFETY & WORK CONDITIONS
Health & Safety Risks
The Cleaner is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Location;
The Cleaner may, either before or during the provision of the Service not provide or cease the provision of the Service where carrying out the Service presents, in the absolute discretion of the Cleaner, a risk to health and safety.
Cleaners will NOT remove their shoes: For the safety of our employees, Cleaners are not required to remove their shoes while performing Services.
The Cleaner may, either before or during the provision of the Service, not use or cease using any materials or cleaning equipment provided by the Client if the Cleaner thinks, in their absolute discretion, that the use of such materials or cleaning equipment poses a risk to health and safety.
Temperature Settings: The Location is to be set at a reasonable temperature for Cleaners to provide Services. Understanding OSHA laws for safe temperature settings must be adhered to in order to have Cleaners at the Location. For safety reasons, if our Cleaners arrive at the Location and it is not set at a reasonable working temperature and Cleaners deem work conditions to be unsafe, we do have the right to refuse providing services that day, Client will be charged a reschedule fee of $100. Alternatively, Cleaners also have the right to adjust your thermostat during the times they are at the Location.
During summer months, many of our clients turn their air conditioning off or set them to higher temperatures while they are out of the house. On your scheduled cleaning day, we ask that Clients set the thermostat to, at the highest, 72 degrees Fahrenheit, so Cleaners can work in a safe environment without overheating.
During the winter, we request that the Location is between 60 and 72 degrees.
Hazards: The Company is not trained/equipped nor insured to handle certain hazards. Client is responsible for informing the Company of potential hazards in the Location. Should the Company deem there is a hazard risk to health and safety, we reserve the right to refuse Services (or immediately cease Services) canceling Services and charge our lock-out fee of 50% of the scheduled Services. Hazards include but are not limitedto:
Biohazards: Human waste, blood or any bodily fluids
Excessive/Uncontrolled mold, fire or water damage
Any type of animal or bug infestation including but not limited to birds, mice, rats, bats, fleas, cockroaches, termites, and bedbugs.
Animal waste including but not limited to litter, feces, training pads, and vomit.
Hoarding or other physically hazardous situation
People and Pets:
We are a people and pet-friendly company, within reason. If any persons or pets will be at the Location while Services are performed, we ask that indoor activity be limited for cleaning efficiency and safety reasons. Cleaners will not clean up vomit or feces as these present a health hazard to our staff. Likewise, Cleaners will not clean cat litter boxes, bird cages, fish tanks, etc. Pets – We love them! The last thing we want to do is upset your pets as our Cleaners clean, and we’ll work with you to make the experience pleasant for all involved. Please secure any pet that may be overwhelmed by our presence and/or pose a threat. Please secure any pet that is likely to try to run out the door and escape the house. The obligation for control and care of all animals on the premises is on the Client. The Company cannot be held responsible for the escape or safety of pets. For the safety of our Team members and your pets, if you have a pet that is the least bit aggressive, it will need to be absent from the areas we are cleaning or secured prior to the cleaning.
XXII. VALUABLES
All fragile , delicate, breakable or valuable items, including cash, jewelry, works of art, antiques, or items of sentimental value prior to the commencement of the Service items must be removed or secured prior to the commencement of services or pointed out to the Company management to be noted so that Cleaners skips the cleaning of those items. Cleaners are not able to move any heavy items or furniture and are not liable for damage created by items moved by Client.
XXIII. COMPLAINTS AND CLAIMS
1. The Client accepts and understands that poor service, breakage/damage or theft must be reported within 24 hours from the service date. Failure to do so will likely limit Client’s recovery. We take all complaints or accusations seriously and will take action immediately. 2. Our Guarantee: The Company has built its business and reputation by providing its clients with the best possible cleaning service available. Should there be a complaint regarding the quality of the Service provided, the Company requires to be notified within 24 hours after completion of the Services. If any Serviced areas are not completed correctly, we have the right to re-clean those areas within 24-48 hours, free of charge, to make it right. Please note that this guarantee will not apply if the condition of the premises has deteriorated since the original cleaning was undertaken. 3. The Company may require the presence of the Client or his/hers representative in the beginning and at the end of the cleaning session as an inspection can be carried out and if any corrections, should be made on the same day. 4. The Company may take up to 1 business day to respond to a complaint, from the time of the complaint in order to review GPS, cleaner documentation and specifications for the account.
XXIV. RELEASE OF LIABILITY WAIVER
We take responsibility for our Cleaners and their actions. Our policies are designed to help minimize risks. We will personally review any unresolved incident to ensure the fairest resolution possible. You are our valued Client and we wish to resolve each incident to your satisfaction.
Acknowledgment of Potential Risks: The Client acknowledges that cleaning services may pose potential risks to valuables, furniture, or other items located on the premises. The Company will use all reasonable care and skill in providing its services.
Waiver and Release: The Client hereby fully and forever releases and discharges the Company, including its employees, agents, or representatives, from any and all liabilities, claims, demands, actions, causes of actions, costs, and expenses, whether at law or equity, whether known or unknown, arising out of or in connection with any damage to or loss of property occurring during the provision of cleaning services unless such damage or loss is caused by the gross negligence or willful misconduct of the Company.
Liability for Accidents: Accidents are bound to happen sometimes. We do our best to prevent this and effective communication is very important. Any accidents or damage to the property, furniture, or other items should be reported to the Company immediately or within 24 hours of the date of Service. Please save any broken or damaged item for our inspection. The Client agrees to be solely responsible for the repair or replacement of any damaged items, unless the damage is proven to be caused by the gross negligence or willful misconduct of the Company’s employees, representatives, or agents. In such instances we will pay up to $100 per broken item, when liability and value of the item are properly verified. If the damage is valued at more than $100, a Liability Insurance Claim and Investigation will need to be opened through our insurance carrier. The Company is not liable for fragile , delicate, breakable or valuable items, including jewelry, works of art, antiques that are not removed, secured or pointed out prior to the cleaning.
Indemnification: The Client agrees to indemnify, defend and hold harmless the Company from any and all liabilities, losses, claims, expenses (including attorney’s fees), demands, and/or judgments of whatever nature brought by anyone else against the Company related to the services provided under this Agreement, except in cases of the Company ‘s gross negligence or willful misconduct.
The Company reserves the right not to be liable for the following:
Failure to complete services which were not specified by Client or agreed upon by the Company;
Services not completed due to the lack of hot water or power, or lack of access to any area of the Location;
Third party entering or present at the Location during the cleaning process thus preventing the completion of Services; 4. Wear or discoloration of areas becoming more visible once dirt has been removed; 5. Failing to remove old/permanent stains that cannot be removed using standard cleaning methods; 6. Existing damage or spillage that cannot be cleaned/removed completely.
XXV. NO ENGAGEMENT OF CLEANERS
The Client acknowledges the Company invests significant resources in recruiting, selecting and training its Cleaners. Unless the Company gives prior written permission, the Client must not, directly or indirectly, engage, employ or contract with any Cleaner to provide services to
the Client or any associate of the Client for any period during which services are provided by Company or for a period within two (2) years after the conclusion of any Service.
2.We employ all cleaners, who have signed a non-compete where they are not able to legally provide services outside the scope of work scheduled, and/or on their own time. If a Cleaner is no longer employed or contracted with the Company, the Agreement is still held for a specified amount of time in which they would be legally bound to.
XXVI. PRIVACY POLICY
The Client acknowledges that any information provided by the Client may be used by the Company for the purpose of providing the Service. The Company agrees not to share any information provided by the Client with any third party not directly involved in the provision of the Service (unless required to do so by law). 2. The Client agrees to receive communications from the Company via electronically and/or via other means in order to provide the Service or for reasons related to the provision of the Service. 3. The Company will take all reasonable precautions to protect personal information provided by the Client from loss, misuse, unauthorized access or disclosure, alteration or destruction.
XXVII. SOCIAL MEDIA RELEASE
The Company has the right to take photos and videos of the inside and outside of the service Location and use them for Team member training materials and marketing purposes including social media, and digital and print marketing, without disclosure of Client’s personal information, including the Location address.
XXVIII. FORCE MAJEURE
The Company will not be liable for any delay in performing, or any failure to perform any obligation under this Agreement due to any cause beyond its reasonable control including, but not limited to, any of the following: the services of the Company staff member no longer being available for any reason; strikes, lock‑outs or other industrial action; sabotage, terrorism, civil commotion, riot, political riot or disturbance, invasion, war, threat or preparation for war; fire, explosion, storm, flood, epidemic or natural physical disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and any act of any state or Government or other authority having jurisdiction over either party.
XXIXCHANGES TO TERMS
The Company reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our Website.
XXX. DISPUTE RESOLUTION AND LEGAL FEES
In the event of a dispute arising out of this Agreement that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
XXXI. APPLICABLE LAW
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Pennsylvania. Any action brought by either party to enforce the terms of this Agreement shall be brought in a Court of Law in the Commonwealth of Pennsylvania.
