Love My House Terms and Conditions
Updated April 9, 2024
Thank you for selecting Clean425, LLC (“Clean425”). Our work for you will be governed by the following Terms and Conditions (“Terms”). These Terms are entered into between you and Clean425 (each “Party” and together “Parties”) on the date you made your first payment (“Effective Date”). These Terms contain a mandatory arbitration provision and class action waiver, which affects your rights and governs how claims we have against each other are resolved. Please read it carefully.
- Scope of work:
- Clean425 offers cleaning and
lighting services to keep your home looking great all year (“Services”).
- The details of the Services are described in the email you received in order to log into your account, which will be performed during visits to your home (“Visits”).
- Term and Auto-renewal:
- The term of these Terms will be three years
(“Initial Term”), unless you terminate the Services by notice to Clean425
as described below.
- The Services will renew automatically for successive three-year terms (“Renewal Term”) at the end of the Initial Term and at the end of each subsequent Renewal Term (together, the “Term”).
- Cancellation and Cancellation Fee:
- You may terminate the Services with 30
days’ notice by calling (425) 999-3101 or by emailing us at office@clean425.com.
- If you choose to terminate the Services,
you will be obligated to pay a cancellation fee of 75% of the fee
labelled as Initial Setup Fee on your first invoice of the Initial Term
or, if you are in a Renewal Term, the Renewal Term (“Cancellation Fee”), which
will be automatically charged to the credit card on file within 30 days
of cancelling. If no Initial Setup Fee was charged on your first invoice
of the Renewal Term, the Cancellation Fee will be based on the Initial
Setup Fee of the Initial Term.
- The Cancellation Fee will decrease by 25
percentage points each year of the Term until starting over each Renewal
Term. So, in year two of the Initial Term or of a Renewal Term, the
Cancellation Fee will be 50% of the Initial Setup Fee, and in year three
of the Initial Term or a Renewal Term, the Cancellation Fee will be 25%
of the Initial Setup Fee.
- Clean425 reserves the right to terminate the Services at any time for any reason, in its sole discretion.
- Automatic Payments:
- You agree to pay Clean425
monthly for the amount listed on your invoice.
- You agree that Clean425
may automatically charge the payment method you enter each month on the
same day of the month as the Effective Date (so, if the Effective Date is
January 14, Clean425 will automatically charge your payment method every month
on the 14th.
- Your monthly invoice amount will not change during the Initial Term. However, Clean425 reserves the right to increase price or to charge another one-time-per Renewal Term Initial Setup Fee, in Clean425’s sole discretion, with at least 60 days’ notice before a Renewal Term. Again, you will have the ability to cancel with 30 days’ notice if you do not want to auto-renew.
- Schedule: Clean425 will notify you a reasonable time in advance before each Visit, in no case less than seven days.
- Client Responsibilities:
- You are responsible for ensuring Clean425
has access to the site for each Visit.
- You are responsible for notifying Clean425
of any dangerous conditions or other information that is necessary for Clean425
to safely and respectfully perform the Services.
- If Clean425 cannot access the site for a Visit because of a reason outside of Clean425’s control (other than simply climbing onto a roof), such as an aggressive dog or a locked gate, you will be charged for the Visit, even though Clean425 was not able to perform the Services.
- 100% Satisfaction Guarantee:
- If you are not satisfied with Clean425’s
cleaning job, Clean425 will come back out free of charge and clean until
you are satisfied.
- This guarantee is given in lieu of all
other warranties, express or implied.
- Clean425 explicitly disclaims all other warranties, including but not limited statutory and implied warranties.
- Indemnification:
- You agree to indemnify, defend, and hold
harmless Clean425, its members, officers, employees, contractors, and
affiliates (“Clean425 Parties”) from and against all claims, damages, or
amounts payable advanced or sought arising out of, resulting from,
related to, or in connection with the Services (“Claims”).
- These Claims include any alleged breach
of contract, act, or omission by you, including but not limited to any
claims, damages, or amounts payable arising out of or in connection with
or incident to, any negligence, wilful misconduct, fraud,
misrepresentation, criminal acts, criminal fines, or criminal penalties
(together, “Indemnify Events”) of you, your employees, subcontractors,
agents, and other representatives.
- You will pay the reasonable attorneys’ fees of Clean425 Parties for defense of the Indemnity Events. Clean425 will have the right to choose its own counsel if being indemnified.
- Limitation of Liability:
- Notwithstanding anything else in these
Terms, Clean425’s liability is limited to the amount you have paid to Clean425
over the last 12 months before the event giving rise to a claim.
- Neither Party will be liable under these Terms for punitive, indirect, incidental, consequential, or special damages related in any way to these Terms, including but not limited to loss of profits, anticipated profits, revenue, opportunity, financing, loss of goodwill, or business interruptions.
- Governing Law: These Terms and any claims that arise out of them will be governed exclusively by the laws of the State of Washington without regard to its conflicts of laws provisions.
- Arbitration:
- Any controversy or claim arising out of
or relating to these Terms or their breach, will first be discussed
between you and a principal of Clean425.
- If the dispute is not resolved, it will
then be submitted to the American Arbitration Association
according to its Commercial Arbitration Rules.
- Judgment upon the award rendered by the
arbitration may be entered in any court of competent jurisdiction.
- The substantially prevailing party in arbitration or litigation will be entitled to recover its reasonable attorney’s fees and all reasonable costs and expenses incurred, in addition to such other relief as may be awarded by the arbitrator or judge.
- Class Action Waiver: You and Clean425 agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.
- Notices: Notice to a Party will be validly given if in writing and transmitted by a method that produces a record of delivery, to the address (including email address) most recently provided by the Party.
- No Waiver:
- No waiver of any provision of these Terms
will be effective unless explicitly in writing and signed by the waiving
Party.
- The express waiver of any right, interest, or remedy in a particular instance will not constitute a waiver in any other instance.
- Assignment: A Party may only assign a right under these Terms with the prior written consent of the other Party, except that Clean425 may assign its rights and obligations under these Terms during a sale of all or a substantial part of its business. Except as noted above, any assignment without consent is void.
- Severability: If any provision of these Terms are held by a court of competent jurisdiction to be contrary to law, the provision will be deemed void, and the remaining provisions of these Terms will remain in effect.
- No Third-party Rights or Beneficiaries: No third-party beneficiaries
exist under these Terms.
- Survival: Any indemnity under these Terms is independent and survives termination of these Terms. Any other term by its nature intended to survive termination survives termination.
- Entire Agreement:
- These Terms are the entire agreement
between you and Clean425 for the Services.
- These Terms supersede and replace any
other agreements between you and Clean425 regarding the Services.
- No amendment to these Terms will be
effective unless made in writing and signed by you and Clean425.
- In the case of conflict between these Terms and the any other document provided to you by Clean425, these Terms will control.
- Changes to Terms: Clean425 reserves the right to make changes to these Terms at any time. Clean425 will notify you immediately of making any changes to these Terms of Service by posting the updated Terms to this website.