Terms of Service
By hiring ESSENTIAL CLEANING, you agree to the following Terms of Service. Our team members exercise reasonable care when cleaning. ESSENTIAL CLEANING and its partners carry insurance for damage or breakage caused by our team. We are not liable for damage that is caused by “normal wear and tear”, improper installation of an item(s), or artwork, collectibles or family heirlooms valued over $200 that is not disclosed during the time of making the appointment, or during the initial walk through. If any damage or perceived damage is noticed after the team has left, the customer must notify ESSENTIAL CLEANING within 24 hours of their scheduled service. We will do our best to resolve the problem and come up with a reasonable solution. These items include but are not limited to the following examples:
- Carpet & Rug Snags – Carpet snags are the result of exposed loops caused by normal wear and tear, moving furniture, etc. They are sometimes snagged by a vacuum’s roller brush. We use Oreck and Shark vacuums that are set to industry standards (which cannot always be adjusted).
- Broken Blinds – Customers should be aware that there are some inherent risks each time your blinds are cleaned. Blinds will become brittle from daily exposure to the sun and aging, and strings/chords will weaken over time resulting in breaks.
- Improperly hung pictures/decorations/mirrors – If these items are securely/properly attached to the wall, they should not fall when the item is dusted/wiped.
- Artwork, Collectibles or Family Heirlooms valued over $200 – These items are expensive and/or impossible to replace because of sentimental value. In that case, we do not assume the risk of cleaning such items. It is the customer’s responsibility to inform ESSENTIAL CLEANING, in writing, of any item(s) that fall into this category. Both parties will decide on a plan of action. Whether to avoid cleaning the item(s) or area entirely, or client will agree to waive any right to pursue potential damages if they choose to have our team clean knowing there is risk associated with doing so.
- Woodwork, Vintage/Antique Wood Furniture, Un-finished & Furniture with Special Instructions – Please let us know during your booking if your woodwork, wooden furniture or vintage wooden furniture is not sealed or is made of another material other than actual wood. Please discuss your furniture care needs with specifications (as per item) if they need special attention in anyway. If you would like to supply your own cleaning product(s) for your specific piece(s) of furniture, leather furniture, pianos, etc., please notify us via email or text of the preferred product(s) you will provide us with. We also must agree to the use of your products.
- We need electricity and water! If your utilities are turned off, we will gladly reschedule your service when they are turned back on.
- If the home has been neglected – broken glass, mountains of clutter, or a “hoarder’s living space” – we can most likely bring it up to a habitable standard. However, the end result will not be comparable to the level of cleanliness we can achieve on a standard home. We reserve the right to deny service to any home or facility that would not be able to be completed and satisfactory due to budget limitations, or health hazards. Select teams are certified for Biohazard Cleanups and Blood borne pathogens. We will always discuss this potential issue before beginning any job, and during the initial walkthru, upon arrival. We will take before and after photos for clear and concise communication between ESSENTIAL CLEANING and client, potentially sharing them online for marketing purposes, and to discuss within our company how to best approach any task that is deemed more difficult than the average cleaning. Again, we may use the photos of our work online or on our social media – without any of your identifiable information in the photo ofcourse, to respect client confidentiality.
- We carefully plan our appointments. Any last-minute cancellations are very disruptive. All cancellations are subject to a fee.
If a service appointment is cancelled less than 72 hours in advance, or if the Essential Cleaning team is unable to enter the home or office, a cancellation fee of 50% of that cleaning’s cost (or) a minimum of $50.00 will be charged. If you need to reschedule, please do so 72 hours before your scheduled appointment to avoid a fee. Essential Cleaning values your time and trust! We hope you understand why this is necessary. Last minute cancellations make it very hard to fill the time slot scheduled for your home or office and it’s specific needs. Last minute cancellations and lockouts are very costly to Essential Cleaning. Employees are still paid for that time period.
Cancellation Policy
Cancellation notice must be received three full days before your scheduled date of service to avoid a Cancellation Fee. We may offer alternate availability of your original service date to avoid the Cancellation fee. Offer subject to availability. Cancellations made within 24 hours of your service date will be charged a fee of 50% of your regular service cost. Cancellations made within 25-72 hours of your service date will be charged a minimum $50.00 fee.
(Note: Rescheduling to avoid a Cancellation fee is subject to availability)
Essential Cleaning will also charge an adjustment fee for the next cleaning if service is missed. Missed service changes the frequency of service, which changes the amount of time needed to keep your home at maintenance level. Missed service interferes with the discounts given to your specific frequency of service.
Lockout Policy
We understand unforeseen circumstances happen. So for recurring clients, the first lockout is on us! We may suggest solutions to avoid future lockouts if it happens more than once. If you agree to one of our solutions (giving us a key or code to get into your home for service), we will waive the lockout fee.
Lockout fees are subject to a fee of 50% of your service cost.
Skipping Service Policy
As long as we are notified 72 hours before your recurring service you will not be charged a fee for skipping service. If you repeatedly skip recurring service, we will need to adjust the cost of your recurring cleanings accordingly. Skipping Service is subject to our Cancellation Policy.
- When retaining Essential Cleaning, you agree not to solicit for hire any staff member or partner introduced to you by Essential Cleaning for any home or business related services. We spend a lot of time and resources finding, interviewing, checking references and backgrounds, and training our team. When hired, they sign a Non-Compete/Non-Solicit agreement banning them from performing any home or business related service for any of our past or present clients. However, if you do wish to employ a staff member directly, please discuss this matter with the owner of ESSENTIAL CLEANING. If you are found to have solicited one of our staff, please be advised that our referral/training fee starts at $10,000 per hired employee OR partner replacement, plus the annual estimated cost of your account with us. We consider our employees and partners our most valuable assets and charge accordingly.
- You agree to defend, indemnify and hold harmless ESSENTIAL CLEANING and its subsidiaries, agents, licensors, managers, other affiliated companies, employees, owner(s), partners, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of any cleaning services received by you and performed by ESSENTIAL CLEANING; (ii) any alleged or actual loss or damage to property (including your residence), resulting from the performance of the ESSENTIAL CLEANING services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESSENTIAL CLEANING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE CLEANING SERVICES, INCLUDING THE CLEANING SERVICES PERFORMED BY ESSENTIAL CLEANING REPRESENTATIVES, OR ANY LOSSES OR DAMAGES THAT MAY RESULT THEREFROM. THE SERVICE, INCLUDING OUR CLEANINGS, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE QUALITY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ESSENTIAL CLEANING, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; OR THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE.
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Essential Cleaning’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘Essential Cleaning’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
Use of the Website
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Third-Party Websites
You may be able to access or use the Site from a third-party website, Internet resource, or software application (“Linked Sites”). You may also be able to access and use a Linked Site from a link available on the Services. We have no responsibility for Linked Sites. The inclusion of any link to such Linked Sites anywhere on the Site does not imply our endorsement, sponsorship, or recommendation of that site or of any product or service offered by that site. We do not promise that the contents of any Linked Site are accurate or compliant with local, state or federal law, including any intellectual property laws. Your use of any Linked Site is at your own risk and you assume all responsibilities and consequences resulting from such reliance.
Privacy Policy
Our privacy policy, which sets out how we will use your information, states that we will use it to let you know about upcoming deals. By using this website, you consent to the processing described therein and warrant that all data provided by you is accurate.
User Obligations
You must not misuse this website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Media and Promotional Use
By engaging our services, you acknowledge and agree that Essential Cleaning may record, photograph, or otherwise capture images and videos of our staff performing cleaning services. These images and videos may be used for promotional purposes, including but not limited to marketing materials, social media, and advertising campaigns. We assure that any media captured will focus on our staff and the quality of services provided, and will not disclose personal or sensitive information about our clients or their properties without explicit consent.
NOW, THEREFORE, in consideration of the premises and the mutual covenants set forth herein the parties hereby agree as follows:
SERVICES PROVIDED. By engaging ESSENTIAL CLEANING services, the client agrees to the following Terms of Service. Services will be performed on an as-needed basis, and billed accordingly. The Cleaning Services provided for herein will not result in a breach of any terms or provisions of, or constitute a default under, any law, regulation, agreement or order to which the Party is a party or by which the Party is bound;
The Client had an opportunity to consult with its own independent legal counsel and tax advisors regarding the federal, state, local and foreign tax consequences of this Agreement; and
The Client had an opportunity to make a diligent inquiry of the terms and conditions of this Agreement and represents that it has received all the information that it considers necessary or appropriate for deciding whether to enter into this Service Agreement, whether verbally arranged or via a signed contract.
Either party may terminate recurring service with thirty (30) days notice.
Should any single term of this Terms of Service agreement be held as unenforceable or illegal, the term shall be replaced with a similarly enforceable term.
Upon the replacement or cancellation of any term of this agreement, all remaining terms will remain in full effect.
Independent Contractor. The Parties acknowledge and agree that in furnishing the Cleaning Services, we will at all times be acting as an independent contractor of
Client and, as such, will not be an employee of the Client and will not by reason of this Agreement, or by reason of our Cleaning Services to the Client be entitled to participate in, or to receive any benefit or right under any of the Client’s employee benefit or welfare plans. ESSENTIAL CLEANING also will be responsible for paying all withholding and other taxes required by law to be paid as and when the same become due and payable and Client shall not make any withholdings or deductions from the Fee hereunder for the same. ESSENTIAL CLEANING shall not enter into any agreements or incur any obligations on behalf of the Client beyond the scope of ESSENTIAL CLEANINGS authority.
Performance. ESSENTIAL CLEANING agrees to provide services to the best of their ability at all times.
The Client shall have the right to, at any time, perform an inspection of ESSENTIAL CLEANING’S work.
Should the Client discover any fault or failure during such inspections, the Client agrees to provide written notice of complaints privately and directly to ESSENTIAL CLEANING authority, until such errors are corrected by ESSENTIAL CLEANING.
SATISFACTION GUARANTEE Upon receipt of a notice of failure or fault from the Client (within 24 hours of service), ESSENTIAL CLEANING agrees to fully address and remedy such errors as soon as reasonably possible, usually same day or next day.
Payment. ESSENTIAL CLEANING shall perform the listed services in their entirety upon completion of construction.
7.1 ESSENTIAL CLEANING requires 50% of the invoice paid prior to the start of post construction cleaning service. 50% remaining amount due upon completion of service and immediately upon receipt of invoice.
7.2 Client agrees to pay all invoices associated with this cleaning agreement upon receipt to avoid collections.
7.3 Payments may be made via the following methods found in Schedule B attached
7.4 Late Fees. Unpaid Invoices and Late Fees. In the event of unpaid invoices, the Client acknowledges and agrees that all overdue balances will incur an automatic late fee of five percent (5%) of the total outstanding amount every thirty (30) days until the invoice is paid in full. The late fee will be applied at the end of each 30-day period and is cumulative. Essential Cleaning reserves the right to pause or terminate services until all outstanding balances, including late fees, are paid.
8.0 Confidentiality. Any information or knowledge obtained during the term of this cleaning services contract about the Client is considered confidential.
8.1 ESSENTIAL CLEANING agrees to keep all information not openly known to the public confidential and private as such.
9.0 Return of Property. Upon conclusion of this cleaning service contract either by termination by either party or completion by completion of the agreed agreement term, all property given to ESSENTIAL CLEANING, by the Client, shall be returned in the state it was given and vice versa.
9.1 This is inclusive of any documentation, keys, supplies and any codes given.
10.0 Notices. Any and all notifications between the Client and ESSENTIAL CLEANING shall be done so in written form.
10.1 Notices may be delivered via text or email. Contact Info in Schedule C
10.2 Scheduling. Due to scheduling and high demand, our ESSENTIAL CLEANING services will begin up to fourteen (14) business days following the completion and signing of this agreement unless otherwise stated in writing.
11.1 Jurisdiction and Venue. The Parties to this Agreement hereby agree that the substantive laws of the State of Nevada, except for the laws governing conflict of laws, shall govern the validity, construction, enforcement and interpretation of this Agreement. The Parties hereby submit to the exclusive jurisdiction and agree to the exclusive venue of the State and Federal courts in Henderson, Nevada, in any action or proceeding arising out of this Agreement.
11.2 No Waiver. No failure to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right. The rights of the Parties hereunder shall be in addition to all other rights provided by law and in equity. No notice or demand given in any case shall constitute a waiver of the right to take other action in the same, similar or other instances without such notice or demand.
11.3 Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, then such provision shall be first judicially reformed to the minimum extent necessary to achieve enforceability and if reformation is not possible such provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement.
11.4 Entire Agreement and Amendment. This Agreement embodies the entire agreement between the Parties and supersedes all prior discussions, communications, agreements between client and ESSENTIAL CLEANING. Understandings, if any, relating to the subject matter hereof and thereof. This Agreement may be amended only by a written instrument executed by the Party sought to be charged with the amendment.
11.5 Binding effect and assignment. This Agreement shall be binding upon and inure to the benefit of the Parties.
11.6 All contracts/recurring service are subject to 3-6% increases annually. Unless, otherwise specified for longer term contracts (2 year, 3 year, 5 year). Prices quoted to non contracted clients are subject to change after 30 days.
12.1 Tax Liabilities. Each Party shall be solely responsible for the payment of its own tax liabilities and consequences arising out of this Agreement and the transactions contemplated herein.
12.2 Dispute Resolution. The Parties agree to meet and discuss, in good faith, any dispute arising out of this Agreement. If the Parties are unable to reach a mutual written resolution of the dispute within fifteen (15) days of meeting, then the parties agree to mediation in Henderson, Nevada. The Parties shall jointly agree on a mediator. The Parties shall share equally the cost of the mediation except each party shall pay its own attorney’s fees. The Parties may attend the mediation via telephone or other electronic communication platform for convenience. If the Parties are unable to reach a mutual written resolution of the dispute within fifteen (15) days of the mediation, then the Parties are free to pursue any and all remedies available to them in equity and at law.
12.3 Headings, Counterparts and Electronic Signatures. Section headings are for convenience of reference only and shall in no way affect the interpretation of this Agreement. Delivery of any executed counterpart of a signature page to this Agreement e-mail, DocuSign or other electronic means will be as effective as delivery of a complete, executed original counterpart of this Agreement.