TERMS & CONDITIONS
BY ORDERING, ACCEPTING, AND PAYING FOR HOME CLEANING SERVICED BY DUENAS SERVICES COMMERCIAL & RESIDENTIAL CLEANING. THROUGH OUR WEBSITE OR ANY OTHER AGREED UPON AND AUTHORIZED METHOD, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS BELOW (ALSO FOUND ON OUR WEBSITE), AND FULLY ACCEPT AND AGREE TO THE TERMS AND CONDITIONS AS THEY RELATE TO THE HOME CLEANING SERVICES YOU HAVE ORDERED.
1.1 "Client" is the person who has ordered and paid for home cleaning services from Duenas Services, through the company's website or any other agreed upon and authorized method.
1.2."Contractor" is Duenas Services., a company duly a solepropriter in the Province of Ontario with its head office located in the City of Toronto.
2.1 The Contractor will provide the Client with home cleaning Services performed by cleaning professionals ("Employee(s)") acting on behalf of the Contractor.
2.3 All Services must be ordered and facilitated between the Client and the Contractor directly through the Contractors website or through any other method authorized by the Customer and the Client, including but not limited to telephone bookings.
2.4 All Services ordered by the Client are set out on the Cleaning Appointment order form completed by the Client (the "Service Booking") which, together with these terms and conditions, constitute the entire agreement between the parties.
2.5 Any alteration to a term, price, product, or service must be documented in a revised Service Booking which shall be referenced to, and form part of, this agreement.
2.6 Upon reasonable notice and proper authorization, the Contractor and its employee(s) shall be granted access to the Clients' premises to perform Services and/or assess the quality of services performed.
2.7 The client understands and does not hold the contractor and its employee(s) liable to perform additional services once other parties have entered the premises during and after cleaning services have been performed.
2.8 The Client will provide service and support to Clients via email and/or telephone to resolve potential Clients' issues in receiving Services provided by the Contractor and its Employee(s).
2.9 The Contractor will attempt to respond to Clients' queries or complaints in a commercially reasonable manner.
2.1O The client understands that rooms/spaces that are not agreed upon within this contract will not receive the above or any services by the contractor and its employee(s). If requested there will be additional late notice fees and fees per service plus HST.
2.11 The Client understands no additional parties (construction workers, plumbers, painters, etc) will be allowed to enter the agreed-upon space during services are being performed. If other parties must use the agreed-upon space, the Contractor must be notified 24 hours in advance with a written notice. If failure to comply the client understands that there will be an additional penalty charge (15%) depending on the occurred event for the contractor and its Employee(s) inconvenience.
2.12 The Client understands their Online Booking requires a down payment typically 50% of the 3-hour minimum Booking(s)
2.13 The Client agrees and understands that the all Booking(s) are a 3-hour or 4-hour minimum Booking and is being charged by the hour when and if the Contractors Employee(s) go past the minimum hours.
3. ADDITIONAL SERVICES
3.1 Any additional services that are not in your Online Booking, and agreed on, will not be performed.
3.2 If the Client requests further cleaning services on the day of the Clients Online Booking from the Contractor to be provided there will be a late notice fee (15%), and fee for service (fees will vary depending on service requested, plus HST).
3.3 The Client understands that the Contractor and its employee(s) will not be performing any special Cleaning Services (such as wax or deep cleaning removal of dirt) and if requested there will be additional late notice fees.
4. ACCESS & KEYS
4.1 The client agrees and ensures that the contractor and its cleaner(s) will have access to the above locations/properties, at the given date required, with agreed-upon opening and closing time.
4.2 The client agrees to provide an agreed-upon arrangement for the opening and closing day or, keys to the property and details of any relevant security codes.
4.3 The contractor understands that all details will be kept strictly confidential and only the contractor and its property’s designated cleaner(s) will be given the relevant information.
4.4 The client understands and agrees to give a 24-hour notice if the contractors' employee(s) must rearrange an open and/or closing time. If not notified, the contractor can hold the client liable for 50% additional of the charge for the day it was requested.
5. CHARGES & PAYMENTS
5.1 The Client understands that a credit card or other payment information is required to the Contractor in order to be able to purchase Services.
5.2 The Customer represents that the Information provided shall be accurate and complete. The Supplier will use the Information to charge the Customer for all purchased Services.
5.3 All Customer Payment Information shall be kept confidential and shall only be used for the express purpose for which it was provided.
5.4 All orders for Services are subject to acceptance by the Contractor and payment in full by the Client.
5.5 The Contractor reserves the right to withhold Services pending the approval and confirmation of payment. The costs payable for Services are those set out in the Online Booking(s). All applicable federal, provincial and local taxes (including HST) shall be added to the amounts payable and shall be paid by the Client to the Contractor.
5.6 The Client may upgrade the Services ordered from the Contractor upon execution of a revised Online Booking amended through the Contractors website or through any other method agreed upon between the parties.
5.7 Payment for any additional Services must be made immediately upon amendment and booking of the additional Services by the Client.
5.8 The Contractor reserves the right, in its sole discretion, to make any necessary updates, modifications, and adjustments at any time without prior notice to product descriptions, warranties, and prices, due to errors, product discontinuation, changing costs, new market conditions, or any other business factor.
5.9 The Contractors website can be accessed from Canada and other countries around the world.
5.10 The Client understands that some or all Services provided by the Contractor may not be available to persons or entities residing in certain jurisdictions or geographical areas.
5.11 The Contractor reserves the right, in its sole discretion, to exclude or otherwise limit the provision of any Services to a person or entity residing in any jurisdiction or geographical area.
6. CLIENT COMPLAINTS
6.1 In the event that a Client is dissatisfied with the quality of the Services on the Initial Booking Appointment, and the Contractor assesses the Clients dissatisfaction to be reasonable in accordance with the standards of the Company and reasonable business standards, the Contractor will make arrangements for a follow-up cleaning appointment at no additional charge to the Client.
6.2 All terms with respect to refunds, reimbursements, or any other compensation to be provided to the Customer shall be set out in the Order Schedule(s).
6.3 The Client will not receive any refunds, reimbursements, or compensation of any kind if the Clients orders any Services and, other than the exceptions set out in this agreement or the Online Booking(s), does not make the adequate arrangements to receive said Services including but not limited to informing the Contractor of why Services cannot be performed on the scheduled time or date or making suitable arrangements for the Employee(s) of the Contractor to enter the premises of the Client.
6.4 The Client understands that any complaints about the performance of the Services from the Initial Online Booking(s) from the Contractors Employee(s) must be written and made immediately or within 24 hours of its occurrence.
6.5 The Contractor will take all necessary actions, without cost to the client, to investigate and (unless it reasonably considers that the complaint was not justified) take any remedial action.
7.1 Other than as set out in section 8, the Contractor makes no representations or warranties of any nature whatsoever, whether expressed or implied, with respect to the Services.
7.2 The Contractor liability to the Client is limited to direct damages and shall not exceed the total amount paid by the Client to the Contractor during the period giving rise to the claim.
7.3 Under no circumstance will the Contractor be liable for any indirect or consequential damages, including, but not limited to, damages resulting from loss of use of the Service(s), lost profits, lost revenue, damages to third parties, or damage or theft of any of the personal property of the Client located at the premises of the Client unless such damage or theft is committed by an Employee(s) of the Contractor and is proven to have been caused or committed by an Employee(s) through irrefutable evidence provided by the police. This does not apply to damages resulting from personal injury caused by the negligence of the Contractor or its Employees(s).
7.4 As stated in section 2 of this agreement all Services provided by the Contractor and its Employee(s) must be ordered directly through the Contractors website or through any other means authorized by the parties.
7.5 The Contractor accepts no liability for any damages resulting from the services provided by any third party or any Employee(s) of the Contractor if such services were not ordered through the Contractor, even in the event that an Employee(s) of the Contractor may hold itself out as acting for the Contractor, or may engage in a private agreement with a Client not booked directly through the Contractor.
7.6 The Client is aware that the Contractor is licensed, bonded, and insured.
7.7 f damage(s) of property are done by the Contractor and its Employee(s), there will be immediate documented written notice and/or within 24 hours of the incident, once the given event is communicated by a written notice to the Contractor, from the Client.
7.8 The Contractor does not hold the Client liable for any additional time required for repairs of damage(s).
7.9 The Client understands that the Contractor can hold the client liable for damages done to Contractors property and/or if other parties have used/damaged any products (e.g. bucket, mop, chemicals, cloths, etc).
8. Warranties and Guarantees
8.1 Each party warrants that it has the right to enter into this agreement.
8.2 Except for the express warranties contained in this agreement, the Contractor disclaims all warranties, expressed or implied, including but not limited to, the implied warranty of merchantability and fitness for a particular purpose.
8.3 Contractor warrants that the Service(s) provided hereunder will be of professional quality, provided in accordance with industry best practice, and meet the product performance specifications set out in each Online Booking.
9. FORCE MAJEURE
9.1 Neither party is responsible for a failure to fulfill its obligations under this agreement or for the delay in doing so if such failure or delay is due to circumstances beyond its control, such as, but not limited to, acts of God, acts of government, war, riots, strikes, accidents in transportation.
9.2 The parties agree to immediately provide notice of any such circumstances and undertake to restore the status quo as soon as is feasible.
10.1 If the Client were to need to cancel a Booking Cleaning Service day for another day, there must be a written notice and within 24 hours before the cleaning day(s), the Client requests to cancel.
10.2 If it is less than a 24-hour notice, and/or without written notice, the client will be liable for 15% additional of the Booking Cleaning Service day canceled.
10.3 The Client understands that the Contractor will charge 15% additional
11. INTELLECTUAL PROPERTY
11.1 All copyrighted works (including data), trademarks, trade names, inventions, and/or trade secrets owned or controlled by the Contractor remain the Contractor's exclusive property.
11.2 All Intellectual Property developed by the Contractor to facilitate the delivery of its Services is owned or controlled by the Contractor.
12. GENERAL PROVISIONS
12.1 No waiver of any part of this agreement or Online Bookings shall be deemed to be a waiver of any other provision in this agreement.
12.2 No waiver is to be interpreted as a continuing waiver unless agreed to in writing by the parties.
12.3 Each of the sections in this agreement and each provision in the Online Bookings and User Policies attached are separate terms and conditions and are intended to stand alone, except where referenced. In the event of any conflict, the terms and conditions of this agreement shall take precedence. Should any provision of this agreement or the Online Booking(s) or be held to be invalid, all other provisions will remain in effect and are enforceable by the parties.
12.4 The headings are included for ease of reference only and do not form part of the agreement.
12.5 The legal interpretation of the substantive portions of this agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.
12.6 This agreement and the Online Booking(s) constitute the entire agreement between the parties, and no amendments shall be effective unless made in writing and accepted by the parties (Contractor and Client).
12.7 The parties have acknowledged and accepted that this agreement and Online Bookings be drafted in English.
12.8 This agreement is for the benefit of, and binding upon the parties hereto, and their successors and assigns.
12.9 Neither this Agreement nor the performance of the obligations under this agreement shall be assigned by the Client. The Contractor may assign its rights or obligations under this agreement to any other party at any time without notice to the Client.
12. Under no circumstances shall this agreement be construed to create a partnership, joint venture, or any other financial obligations between the Client and Contractor.
12. All notices under this agreement shall be in writing and may be sent by electronic copy or registered mail to the Client and Contractor at their respective addresses unless otherwise amended. Any such notice shall be effective on the day of delivery, if sent by electronic means; [seven] days from the date of mailing if sent by mail; or on the next business day if sent by courier.
13. ELECTRONIC CONTACTING
13.1 Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically.
13.2 THE CLEINT ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND ACKNOWLEDGE THAT THE CLIENT HAVE PAID FOR THE TRANSACTIONS AND SERVICES ORDERED BY THE CLIENT.
13.3 CLIENT AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS THE CLIENT ENTERED INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
13.4 The Client understands and agress that in order to access and retain your Client electronic records, the client may be required to have certain hardware and software, which the Client is sole responsibility.