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Terms and Conditions for Service Agreement

TERMS AND CONDITIONS

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  1. Service Agreement will begin on the agreement date and will remain indefinitely until terminated as provided in this agreement.

  2. If either party wishes to end this agreement, a written notice to the other party is required at least 10 days before the end date or next scheduled cleaning.   

  3. If either Party fails to meet the provision under this Agreement, the non-defaulting Party may terminate this Agreement.

  4. This Agreement may be terminated omitting the 10-day notice only if both parties mutually agree.

  5. Except as otherwise provided in this Agreement, the obligations of the Service Provider will end upon the termination of this Agreement.

  6. Routine services may be cancelled or postponed up to 48 hours prior to the agreed starting time of service.  The cancellation/postponement request must be by text, direct telephone call or email to Benchmark Maids management and must be confirmed by Benchmark Maids to be valid.  The client will still be responsible for a $50 fee for any cancellation or postponement made within a 24-hour period prior to the scheduled cleaning.

  7. The responsibility of providing access to Benchmark Maids as agreed belongs to the client.  Benchmark Maids will neither be held responsible for triggering an alarm system nor incur any costs related to alarm response. The client will be held liable for the full-service fee and/or costs related to a no show or lock out by the client.

  8. The liability of any loss of key(s) will be limited to the actual cost of the key only, maximum of $5.00.

 

PERFORMANCE

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  1. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

  2. Quotes and/or Estimates are for labor and cleaning supplies for services requested and agreed to by Benchmark Maids. Benchmark Maids may amend a quote and/or estimate upon arrival if circumstances and/or conditions deteriorated after quote and prior to arrival or if the information given to Benchmark

  3. Benchmark Maids provides deep cleaning estimates based on a general walk through reviewing the conditioning of a home or business to determine services and labor hours needed. The cost of the project is derived from the estimated labor hours needed to complete a deep cleaning. It is our goal to strive for excellence, but finish results can vary based on the owner’s regular maintenance cleanings invested over time. While our process focuses on bringing your home back to standard, at times this may not be possible in the initial deep clean. Recurring services are recommended to provide the time needed for us to continuously improve conditions. It is our goal to complete all deep cleaning items on the initial cleaning, but conditions may result in extensions up to 6 weeks depending on frequency of recurring visits. 

  4. Benchmark Maids provides maintenance cleaning estimates based on a general walk through reviewing the conditioning of a home or business to determine services and labor hours needed. If a deep cleaning is needed and a client chooses to stay with maintenance cleaning, cleaning labor hour estimates will be determined based on the level of your recurrence. Ex: if monthly services are chosen, cleaners would only clean what would be considered standard monthly maintenance. While our maintenance cleaning process focuses on maintaining your home to standard, the initial deep clean allows us the needed focus to prepare your house for the standards of upkeep. 

  5. Benchmark Maids given start and completion times are only estimates.  Home conditions and different seasons can also impact the time it takes to clean a home (i.e. a home deep cleaned once per year with regular maintenance is more accurately estimated as opposed to a home that has not been maintained or deep cleaned in a measurable timeframe).

  6. Any and all complaints must be made within 12 hours of completion of services.

 

GOOD BUSINESS RELATIONSHIP

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  1. Full or partial refunds are subject to the discretion of Benchmark Maids management.

  2. If a client is not satisfied with the level of service from Benchmark Maids and has notified Benchmark Maids of said unsatisfaction within the mandatory 12 hour period from completion of service, Benchmark Maids reserves the right to do a re-clean of the specific area at a time to be agreed upon.  The client is required to be present at the time of the re-clean.

  3. Any re-cleaning will only be carried out once.

 

COMPENSATION

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  1. Payment is required one day following cleaning unless other arrangements have been made with Benchmark Maids.

  2. In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Service Provider will be entitled to pro rata payment of the Compensation to the date of termination provided that there has been no breach of this Agreement on the part of the Service Provider.

  3. The Service Provider will not be reimbursed for any expenses incurred in connection with providing the Services of this Agreement.

 

PENALTIES FOR LATE PAYMENT

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  1. Benchmark Maids may suspend its cleaning service if a bill has not been paid according to contract or upon services.  All outstanding balances are subject to a 1.5% interest fee per month from due date.

 

CONFIDENTIALITY

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  1. Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.

  2. The Service Provider agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Service Provider has obtained, except as authorized by the Client or as required by law. The Service Provider further agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any personal information of the Client, without the prior written consent of the Client. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.

 

CAPACITY/INDEPENDENT SERVICE PROVIDER

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  1. In providing the Services under this Agreement it is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee. The Service Provider and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively an agreement for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Service Provider during the Term. The Service Provider is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Service Provider under this Agreement.

  2. The client agrees to give access to cleaners in the agreed upon format. The client agrees to ensure plans are in place to disarm/deactivate any alarms or provide Benchmark Maids with alarm codes.  Benchmark Maids will neither be held responsible for triggering an alarm system nor incur any costs related to an alarm response.

  3. While we work diligently to keep all clients service dates consistent, Benchmark Maids cannot always guarantee exact times and dates.

  4. We do not offer the following services: washing dishes and washing or folding clothes. 

 

NOTICE

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  1. Reporting an incident of breakage, damage, theft and/or loss is the responsibility of the client and must be reported within 12 hours of the completion of services. Working in partnership and shared responsibility, we ask that you secure cash, jewelry, prescriptions, and/or any other items of value.

  2. Any accidental damage caused by Benchmark Maids staff member(s) at a point of service is covered under Benchmark Maids’ insurance.  Claims are subject to damages reported within 12 hours of completion of service in writing by either email for text to Benchmark Maids.

  3. The client is responsible for reporting any suspicion of theft or actual theft to both Benchmark Maids management and legal authorities.  If actual theft has taken place the client is responsible for bringing charges and follow through to the point of actual prosecution. 

  4. 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 address:
     


Benchmark Maids
4835 Ihles Rd. Lake Charles, LA 70605

or to such other address as either Party may from time to time notify the other, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail, or (c) the following day after being deposited with an overnight courier.

 

INDEMNIFICATION

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  1. 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 directors, shareholders, 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 directors, shareholders, 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.

 

ASSIGNMENT

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  1. The Service Provider 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.

 

EMPLOYING BENCHMARK MAID STAFF

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  1. Prior negotiation with Benchmark Maids must be made by any client to offer or give temporary or permanent employment directly or indirectly to any staff member of Benchmark Maids.  

  2. Benchmark Maids team members are bound by a non-compete agreement for two (2) years after ending their employment with Benchmark Maids. 

 

No Poaching. For the term of this Agreement and for a period of two (2) years thereafter, without the written consent of Benchmark Maids, no client shall either directly or indirectly solicit or entice away (or seek or attempt to entice away) from the employment of Benchmark Maids any person employed (or any person who has been so employed in the preceding two (2) years) by such party in the provision or receipt of the Services. Should a staff or ex staff member be employed within the said two (2) years period, the client agrees to be liable for a $1500.00 referral fee.

 

GOVERNING LAW

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  1. This Agreement will be governed by and construed in accordance with the laws of the State of Louisiana.

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