Mountain Cleaners Canada Inc. Terms & Conditions
Please take some time to review THIS SERVICE AGREEMENT (the “Agreement”). Use of our services constitutes your acceptance of these terms and conditions.
BACKGROUND
Mountain Cleaners Canada Inc. is in the business of residential and commercial cleaning services. The Client wishes for Mountain Cleaners Canada Inc. to provide services on the terms and conditions set out in this Agreement, and Mountain Cleaners Canada Inc. agrees to provide such services.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and Mountain Cleaners Canada Inc. (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
1. Interior Residential/Commercial Cleaning Services
- Subject to the terms of this Agreement, Mountain Cleaners Canada Inc. agrees to provide cleaning services (the “Cleaning Service”) to the Client at an address specified by the Client (the “Premises”).
- The Cleaning Service will be for such cleaning services as agreed with the Client at the time of booking.
- Mountain Cleaners Canada Inc. will provide one or more cleaning technicians (the “Residential/. Commercial Cleaner”) to attend the Premises to provide the Cleaning Service at a time and date mutually agreed between Mountain Cleaners Canada Inc. and the Client (the “Service Time”), as indicated in the estimate.
- Mountain Cleaners Canada Inc. endeavors to provide the Cleaning Service faithfully, diligently and in a timely and professional manner.
- Mountain Cleaners Canada Inc. cannot be held liable for any damages which were present prior to the Cleaning Service being completed, and any damage found after the Cleaning Service is completed will be assumed to have been damage present prior to the Cleaning Service, absent proof to the contrary.
2. Carpet and Upholstery Cleaning Services
- Subject to the terms of this Agreement, Mountain Cleaners Canada Inc. agrees to provide carpet and upholstery cleaning services either provided by Mountain Cleaners Canada Inc. or by an official licensed partner selected by Mountain Cleaners Canada Inc. (the “Carpet and Upholstery Cleaning Service”) to the Client at the Premises.
- The Service will be for such Carpet and Upholstery cleaning services as agreed with the Client at the time of booking as indicated in the estimate.
- Mountain Cleaners Canada Inc. will provide one or more Carpet and Upholstery cleaning technicians (the “Carpet and Upholstery Cleaner”) to attend the Premises to provide the Service at the Service Time.
- Mountain Cleaners Canada Inc. endeavors to provide the Carpet and Upholstery Cleaning Service faithfully, diligently and in a timely and professional manner.
- Mountain Cleaners Canada Inc. cannot be held liable for any damages which were present prior to the Carpet and Upholstery Cleaning Service being completed, and any damage found after the Carpet and Upholstery Cleaning Service is completed will be assumed to have been damage present prior to the Carpet and Upholstery Cleaning Service, absent proof to the contrary.
3. Interior and/or Exterior Window Washing Services
- Subject to the terms of this Agreement, Mountain Cleaners Canada Inc. agrees to provide Interior and/or Exterior Window Washing Services either provided by Mountain Cleaners Canada Inc. or by an official licensed partner selected by Mountain Cleaners Canada Inc. (the “Window Service”) to the Client at the Premises.
- The Interior and/or Exterior Window Washing Services will be for such Interior and/or Exterior Window Washing Services as agreed with the Client at the time of booking.
- Mountain Cleaners Canada Inc. will provide one or more Interior and/or Exterior Window Washing Service technicians (the “Window Washer”) to attend the Premises to provide the Interior and/or Exterior Window Washing Services at the Service Time.
- Mountain Cleaners Canada Inc. endeavors to provide the Interior and/or Exterior Window Washing Service faithfully, diligently and in a timely and professional manner.
- Mountain Cleaners Canada Inc. cannot be held liable for any damages which were present prior to the Interior and/or Exterior Window Washing Services being completed, and any damage found after the Interior and/or Exterior Window Washing Services is completed will be assumed to have been damage present prior to the interior and/or Exterior Window Washing Services, absent proof to the contrary.
4. Other Non-Regular Cleaning Services
- Subject to the terms of this Agreement, Mountain Cleaners Canada Inc. agrees to provide Other Non-Regular Cleaning Services either provided by Mountain Cleaners Canada Inc. or by an official licensed partner selected by Mountain Cleaners Canada Inc. (the “Other Service”) to the Client at the Premises.
- The Other Non-Regular Cleaning Services will be for such Other Non-Regular Cleaning Services as agreed with the Client at the time of booking.
- Mountain Cleaners Canada Inc. will provide one or more Other Non-Regular Cleaning Service technicians (the “Other Cleaner”) to attend the Premises to provide the Other Non-Regular Cleaning Services at the Premises.
- Mountain Cleaners Canada Inc. endeavors to provide the Other Non-Regular Cleaning Services faithfully, diligently and in a timely and professional manner.
- Mountain Cleaners Canada Inc. cannot be held liable for any damages which were present prior to the Other Non-Regular Cleaning Services being completed, and any damage found after the Interior and Exterior Window Washing Services is completed will be assumed to have been damage present prior to the Other Non-Regular Cleaning Service, absent proof to the contrary.
5. When referring to multiple Services
Any combination of services herein are to be referred to collectively as the “Services”. When referring to any of the Residential/Commercial Cleaner, Carpet and Upholstery Cleaner, Window Washer, or Other Cleaner, they will be collectively referred to as the “Cleaner”.
6. Additions and Amendments
- Any changes to the Services to be provided must be agreed by Mountain Cleaners Canada Inc. prior to the Service Time.
- If the Client requires any additional services or variations at the time the Service is being performed, the Client must first contact Mountain Cleaners Canada Inc. by telephone, who may agree to provide the additional services in its absolute discretion. The Cleaner provider is not authorized to agree to any changes to the Service being provided. The Client must not request such changes directly to the Cleaner.
7. Client Representations and Warranties
The Client represents and warrants that:
- it will provide a safe working environment at the Premises for the Cleaner to perform the Service;
- the Cleaner will have unencumbered and unobstructed access to those areas of the Premises requiring the Services;
- it will provide the Cleaner with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the Cleaner to provide the Services;
- The Client will advise Mountain Cleaners Canada Inc. prior to the commencement of the Services of any hazards, slippery surfaces, risks or dangers.
- it is authorized to use the Premises and obtain the provision of Services;
- it 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; and,
- it will hold harmless the Cleaner and Mountain Cleaners Canada Inc. from any damage discovered during the Services, and any damage incurred prior to the Services completed.
8. Health and Safety Risks
In addition to the obligations and warranties set out in above, the Client acknowledges and agrees that:
- 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 Premises;
- the Cleaner may, either before or during the provision of the Services, not provide or cease the provision of the Services where carrying out the Services presents, in the absolute discretion of the Cleaner, a risk to health and safety;
- moisture on your counter tops, furniture, floors and other various items and/or areas can present a slip hazard, we ask that the Client avoid any areas that we are cleaning, and will advise any other guests, residents or contractors of this hazard until the areas, such as but not limited to, the counters, furniture, floors (carpet or hard floor) surfaces, stairs, and any other areas or items cleaned by the cleaner are dry or deemed safe by the cleaner;
- the Client must keep children, dependents and pets away from any equipment and/or hot water being used as a part of the Services process;
- the Client must ensure that the environment that the Client is inviting the Cleaner to work in is a safe environment free from hazards; and,
- while regular cleaning solutions used by the cleaner are safe for both humans and pets, please be aware that some stain removal solutions used strictly for carpet and upholstery cleaning may be considered harmful and are not for human or pet consumption.
9. Bookings
- The Client may make a booking either in person or by telephone. Emails can be used for booking requests only or on the Mountain Cleaners Canada Inc. website (if available). Booking requests are subject to final approval by Mountain Cleaners Canada Inc.
- At the time of booking the Client must provide details of any pets, hazards, slippery surfaces, risks, and/or dangers.
- Once Mountain Cleaners Canada Inc. sends out a estimate, the booking date(s) are held for a period of 2 days. If the estimate goes unpaid after the 2 day waiting period, the booking date(s) cannot be guaranteed and become available for other Clients to book.
- Mountain Cleaners Canada Inc. reserves the right not to accept a booking for any reason.
10. Job Estimates
- The actual price payable by the Client is the actual and final price provided via invoice by Mountain Cleaners Canada Inc., plus travel fees as well as provincial and federal sales tax, GST, and/or other applicable duties as may be required by law.
- Any price estimated by Mountain Cleaners Canada Inc. is an estimate only based on Mountain Cleaners Canada Inc. experience, with or without property inspection, and based on information provided by the Client.
- Estimates amounts are valid for a period of 30 days from the date of the estimate
- The estimate we provide either in person, over the telephone or via email either through the internet or on the Mountain Cleaners Canada Inc. website (if available), is based on information provided by the Client to Mountain Cleaners Canada Inc., and in the absence of specific areas, items or clearly definable descriptions will be based on average conditions. If the actual work to be performed is different to what has been estimated for, the price will vary accordingly.
- The Cleaner may estimate extra time and/or cost after inspection if there are extra areas, buildup, calcium items (including, but not limited to, bathrooms, faucets, showers, bathtubs, toilets, kitchens, cupboards, appliances), and/or anything else found or areas that Mountain Cleaners Canada Inc. were not informed of during the estimate process or if the condition of the carpet or upholstery is deemed to be different from the information provided by the Client.
- The owner/director of Mountain Cleaners Canada Inc. will confirm the estimate prior to the scheduled booking date. Should the Client have any questions on the estimate, the Client can directly speak to the Owner or Director of Mountain Cleaners Canada Inc.
- When the Cleaner arrives at the Premises they will inspect the areas the Client has requested to be cleaned.
- For carpet cleaning, maximum room size applies for advertised or estimated ‘per room’ pricing structures. Maximum room size is 14 square meters and is based on a standard furnished room. Rooms less than 14 square meters will count as 1 standard room. Rooms over 14 square meters but under 28 square meters will count as 2 standard rooms.
- Carpeted steps are estimated per step.
- Upholstery cleaning prices are per seating position and are subject to the condition of the upholstery.
- Additional charges may apply for recliners, ottomans, chaises and loose cushions.
11. Stains
- The Cleaning Technician will inspect the property including carpet & upholstery and stains before the Cleaning Service commences.
- Stains derived from bleaching agents, acids and permanent dyes may be permanent and cannot be removed with any treatment. Mountain Cleaners Canada Inc., its Partners and the Carpet Cleaner does not guarantee stain removal for permanent stains.
- Mountain Cleaners Canada Inc. cannot be responsible for any pre-existing condition that is not apparent upon visual inspection of the Premises.
- The Cleaner may deem it ‘infeasible’ to remove a particular stain or mark on any surface when compared to the cost of replacement.
12. Cancellation Fees and Other Charges
- The minimum charge for any Service is 3 man hours + associated travel fee(s) and all applicable government tax’s (including GST).
- Certain services may require surcharges on any Service booked for weekends, after hours and public holidays.
- The Client must telephone Mountain Cleaners Canada Inc. prior to 5pm 3 business days (Monday-Friday) before the scheduled booking date time, if they wish to reschedule to an available date, the Service for any reason.
- The Client must telephone Mountain Cleaners Canada Inc. prior to 5pm 7 business days (Monday-Friday) before the Service Time, if they wish to cancel the Service for any reason and a full deposit refund will be provided if a deposit was paid.
- In the event that the Client does not provide notice prior to 5pm 3 business (Monday-Friday) day before the commencement of the Service, the Client agrees to pay a cancellation fee (3 man hours, if deposit was not required, or the amount of the deposit paid inclusive of GST or sales tax) for administrative costs and loss.
13. Payment Terms
- The Client agrees to pay the price estimated, plus any extra time warranted, if applicable, by Mountain Cleaners Canada Inc. in full prior to or at the Service Time, unless otherwise agreed in advance with Mountain Cleaners Canada Inc.
14. Late Payment Fee
- Where Mountain Cleaners Canada Inc. has 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 30 days of the invoice date.
- If the Client’s account is outstanding for more than 30 days, the client is charged an outstanding interest rate of 5% per month. This charge will be added to the outstanding invoice amount.
- Mountain Cleaners Canada Inc. reserves the right to pass the debt on to a collection agency and refer the Client’s personal details to credit reporting agencies if the Client’s account remains overdue past 30 days. This will incur additional charges, to be determined at a future date. All legal, lawyer, court, judge, government and other associated fees are of the responsibility of the Client.
15. Complaints
- If the Client is dissatisfied for any reason with the Service provided, it must inform Mountain Cleaners Canada Inc. within 24 hours of completion of the Service. Mountain Cleaners Canada Inc. strives to achieve 100% customer satisfaction and will endeavor to resolve the problem quickly and efficiently
- In the event of a customer complaint, the Client undertakes to give Mountain Cleaners Canada Inc. the opportunity to rectify all work as outlined in the estimate invoice. Mountain Cleaners Canada Inc. may, at its discretion, offer the Client any of the following:
- a partial or full refund;
- re-supply of the Service without charge; or,
- such other remedy as deemed appropriate by Mountain Cleaners Canada Inc.
16. Changes to this Agreement
- Mountain Cleaners Canada Inc. reserves the right to update or modify these terms and conditions at any time without prior notice and may do so by publishing an updated Agreement on the Mountain Cleaners Canada Inc. website. Each updated Agreement will take effect 24 hours after it has been published on the website.
- The Client agrees that any use of the Services 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 and conditions as changed.
17. Notice
All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
TO the Client:
TO Mountain Cleaners Canada Inc.:
or to such other address as either Party may from time to time notify the other.
18. Indemnification
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
19. Law & Jurisdiction
The Client and Mountain Cleaners Canada Inc. acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of Alberta and both agree to submit to the exclusive jurisdiction of the courts of Alberta in the event of any dispute.
20. Time of the Essence
Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
21. Assignment
Mountain Cleaners Canada Inc. will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
22. Entire Agreement
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
23. Inurement
This Agreement will inure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
24. Severability
The Client agrees that if any term or provision is held invalid, void or unenforceable, then that provision will be considered severable and the remaining terms and provisions shall continue to be binding.
25. Copyright
The content of this Agreement is protected by international copyright laws and may be used for personal reference only. Subject to applicable law, permission to copy, alter, reproduce, publish, transmit and/or otherwise distribute this content is forbidden without first obtaining the prior written permission of Mountain Cleaners Canada Inc.
26. Waiver
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
27. Costs
When demand for payment has been made, the Client shall also be liable to Mountain Cleaners Canada Inc. for all legal costs, on a solicitor and his own client, full indemnity, basis incurred by or on behalf of Mountain Cleaners Canada Inc. resulting from any action instituted on the basis of this Agreement.
28. Agreement
Client agrees that by paying the deposit invoice sent to the client, the client is accepting these terms of service and will abide to all items listed within.
Mountain Cleaners Canada Inc.