Terms of Service

Last updated: January 27, 2025

Introduction

These Terms of Service ("Agreement") constitute the complete Service Agreement between the Customer ("You") and House Mates Incorporated ("Company", "We", "Us"). By accessing our website or using our services, you agree to comply with all the terms of this Agreement. Please take some time to review this Agreement carefully. Your continued use of our services constitutes your acceptance of these Terms of Service, including any modifications that may be made in the future.

Description of Services

House Mates Incorporated offers professional cleaning services for residential, commercial, and short-term rental properties. Subject to the terms of this Agreement, the Company agrees to provide the following services ("the Service") to the Customer at an address specified by the Customer (the Premises"): 

-Residential cleaning services

-Commercial janitorial services

-Short-term rental cleaning services

The specific cleaning duties to be performed will be agreed upon with the Customer at the time of booking. The Company will provide one or more cleaners ("the Cleaner") the attend the Premises and provide the Service at a mutually agreed time and date ("the Service Time").

Additions and Amendments

Any changes to the Service to be provided must be agreed by the Company prior to the Service Time. If the Customer requires any additional services or variations while the Service is being performed, the Customer must first contact the Company by telephone or email. The Company may, in its sole discretion, agree to provide the additional services. The Cleaner is not authorized to agree to any changes to the Service being provided. The Customer must not request such changes directly from the Cleaner.

Customer Representations and Warranties

The Customer represents and warrants that they: 1. Will provide a safe working environment at the Premises for the Cleaner to perform the Service. 2. Will provide unencumbered and unobstructed access to all areas of the Premises requiring the Service. 3. Will provide the Cleaner with access to all necessary utilities (including hot and cold water, electricity, and climate control) as required by the Cleaner to provide the Service. 4. Will advise Company prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises. 5. Are authorized to use the Premises and obtain the provision of Service. 6. Will move any heavy items (e.g., a fridge, bookshelf, or other furniture) prior to the commencement of the Service if the Cleaner is required to clean behind or under those items. 7. Will secure or remove any 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.

Health and Safety Risks

In addition to the obligations and warranties set out in clause 4 above, the Customer acknowledges and agrees that: 1. The Cleaner is entitled to conduct a health and safety assessment before commencing any work to evaluate potential risks at the Premises. 2. The Cleaner may exclude from the Service any tasks, materials, or areas that they determine, in their absolute discretion, to pose a health and safety risk. 3. If, during the provision of the Service, the Cleaner identifies any risks to health and safety, they may discontinue the Service for those specific tasks or materials as deemed necessary for the safety of all parties involved.

Extreme Conditions Disclosure

In the event that the property is deemed unsuitable for cleaning or if the Cleaner encounters unreasonable working conditions, the service will be promptly canceled, and 100% of the estimated service price will be due or charged to the card on file. Such conditions may include, but are not limited to: 

-Infestations

-Excessive accumulation of trash

-Presence of feces 

-Unsafe structures or situations 

-Threatening or demanding behavior. 

The Company retains the right to decline service for any conditions considered reasonable or unsafe. This disclosure is in place to safeguard against unforeseen circumstances, as the majority of situations do not fall within this category.

No Engagement of Cleaners

The Customer acknowledges the Company invests significant resources in recruiting, selecting, and training its Cleaners. Therefore, unless the Company provides prior written permission, the Customer agrees that they shall not, directly or indirectly: 1. Engage, employee, or contract with any Cleaner to provide services to themselves or any associates for any period during which services are being provided by the Company. 2. Engage, employee, or contract with any Cleaner for a period of three (3) years following the conclusion of any Service provided by the Company. The Customer acknowledges that a breach of this clause may result in loss or damage to the Company, including, but not limited to, consequential loss.

Materials and Supplies 

The Company shall furnish all materials and equipment necessary to perform the services described in this Agreement, with the exception of hand soap, towels, toilet tissue, seat covers, and any other consumables, which are to be supplied by the Customer.

Quotes and Estimates 

The actual price payable by the Customer is calculated based on the total number of hours worked by the Cleaner and/or the quoted contracted time allocated at the time of booking. Any price quoted by the Company is an estimate only, based on the Company’s experience and information provided by the Customer, without an inspection. Subject to this clause, quotes are valid for a period of thirty (30) days from the date of the quote. 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 quoted amount, the Company will provide the Customer with the option to pay an increased fee to complete the Service or pay the quoted amount without the Service being completed. 

Bookings 

The Customer may make a booking either in person, by telephone, email, or on the Company’s website. At the time of booking, the Customer must provide details of any hazards, slippery surfaces, risks, or dangers, including ingrained dirt, grease, or grime located at the Premises. The Company shall provide all quotations at the time of booking in good faith and based on the information provided by the Customer. If any information is not provided at the time of quoting, the Company reserves the right to alter the price of the Service. The Customer agrees to provide the Company with valid credit card details at the time of booking and authorizes the Company to charge any service and/or cancellation fees that may apply under this Agreement to the card on file. The Company reserves the right not to accept a booking for any reason. 

Payments 

House Mates Incorporated requires customers to maintain a valid credit card on file to secure and pay for cleaning services. For first-time or one-time customers, a 50% deposit of the total estimated cost will be charged to the credit card on file to secure the appointment. The remaining balance will be charged to the credit card on file upon completion of the service and will be determined by the total time our team spends on-site. For returning or recurring customers, the total cost will be charged to the credit card on file upon completion of the service, based on the total time our team spends on-site. 

Payment Authorization 

By providing your credit card information and engaging with House Mates Incorporated, you authorize us to charge the credit card on file for the agreed-upon service and/or cancellation fees. 

Billing Disputes 

If you have any concerns or disputes regarding the charges on your credit card, please contact our customer support team within 7 days of receiving the invoice. We will investigate the issue promptly and work towards a resolution. 

Declined Payments 

In the event that the credit card on file is declined or unable to process the payment, we will attempt to contact the Customer to update the payment information. If payment remains outstanding, additional charges or fees may apply. 

Purchase Currency 

All transactions are processed in USD (United States Dollar). 

Refund Policy 

No refunds are provided for services rendered or cancellation fees. 

Cancellation Policy 

Cancellation of appointments with less than 48 hours' notice will result in a 50% charge of the total estimated price to the credit card on file or loss of deposit. Same-day cancellations, inability to access the property, or being turned away at the door will result in a 100% charge of the estimated service price. If the property is deemed unsuitable for cleaning or if unreasonable working conditions are encountered, the service will be canceled, and a 100% charge of the estimated service price will be applied. 

Delivery Policy 

Services are delivered within a one-hour arrival window on the scheduled date and time agreed upon with the Customer. 

Default 

The occurrence of any of the following shall constitute a material default under this Agreement: a. The failure to make a required payment when due. 

b. The insolvency or bankruptcy of either party. 

c. The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application, or sale for or by any creditor or government agency. 

d. The failure to make available or deliver the Services in the time and manner provided for in this Agreement. 

Indemnity 

The Customer indemnifies the Company against all losses or liabilities arising directly or indirectly as a result of the provision of the Service, including all losses or liabilities caused by a breach of the warranties of the Customer set out in Clause 4, as well as all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by the Company in connection with a demand, action, arbitration, or other proceedings (including mediation, compromise, out-of-court settlement, or appeal and including any action taken for the recovery of a debt from the Customer). 

Accidents, Breakage, Damage & Theft 

The Customer must inform the Company of any incident where an accident, breakage, damage to property, or theft has occurred due to any act of the Cleaner within 24 hours of completion of the Service. To the extent permitted by law, the Customer is not entitled to claim any loss for any incident if it is not reported to the Company within 24 hours of completion of the Service. To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of the Company under these Terms of Service: cash, jewelry, art, antiques, and items of sentimental value. 

Insurance 

The Company, at its own cost and expense, shall procure and maintain throughout the term of this Agreement a workers' compensation insurance policy for the protection of its employees engaged in work under this Agreement. 

Compliance with Applicable Statutes, Ordinances, and Regulations 

In performing the Services required under this Agreement, the Company shall comply with all applicable federal, state, county, and city statutes, ordinances, and regulations. 

Remedies 

In addition to any and all other rights a party may have according to law, if a party defaults by failing to substantially perform any provision, term, or condition of this Agreement (including, without limitation, the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived by the party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement. 

Privacy Policy 

The Customer acknowledges that any information provided may be used by the Company for the purpose of providing the Service. The Company agrees not to share any information provided by the Customer with any third party not directly involved in the provision of the Service (unless required to do so by law). The Customer agrees to the Company communicating with them electronically and/or via other means in order to provide the Service or for reasons related to the provision of the Service. The Company will take all reasonable precautions to protect the personal information provided by the Customer from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Please review our Privacy Policy, which also governs your use of our Services, to understand our practices. 

Force Majeure 

If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, national emergencies, insurrections, riots, or wars, strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. 

Dispute Resolution 

The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations. If the matter is not resolved by negotiation, the parties will resolve the dispute using the Alternative Dispute Resolution (ADR) procedure outlined below. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law. 

Modification of this Agreement 

The Company reserves the right to update or modify these Terms of Service at any time without prior notice and may do so by publishing an updated agreement on its website. Each updated agreement will take effect 24 hours after it has been published on the website. The Customer agrees that any use of the Service following any such change, whether as a single job or as part of a regular cleaning schedule, constitutes their agreement to follow and be bound by the Terms of Service as changed. 

Entire Agreement 

This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties. 

Severability 

If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 

Amendment 

This Agreement may be modified or amended in writing if the writing is signed by the party obligated under the amendment. 

Governing Law 

This Agreement shall be construed in accordance with the laws of the State of Ohio. 

Notice 

Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing. 

Waiver of Contractual Right 

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 

Customer Support Contact Information 

We are available to assist you by phone or email Monday-Friday, 9:00 am-6:00 pm. 

Phone: 216-350-7577 

Email: info@housematesus.com 

Business Address 

House Mates Incorporated 

1437 E 32nd Street 

Cleveland, OH 44114 

Website Security 

We prioritize the security and protection of our customers' personal information and payment details. Our website uses SSL (Secure Sockets Layer) encryption technology to establish a secure connection between the user's web browser and our server. This encryption safeguards data transmission, ensuring that sensitive information such as credit card details and personal data is protected from unauthorized access. We partner with Stripe to handle all online transactions securely. Customer payment information is encrypted and securely stored to prevent unauthorized access, and all payments are PCI compliant. We adhere to strict data protection practices to safeguard customer information. Access to customer data is restricted to authorized personnel only, and we regularly update our security protocols to mitigate potential vulnerabilities. Our website undergoes regular security audits and assessments to identify and address any security vulnerabilities or risks. We continuously monitor our website for any suspicious activities and take immediate action to protect user data.