These terms of service constitute a legally binding agreement (the “Agreement”) between you and Maids a la Mode, Inc. (“Maids a la Mode,” “we,” “us” or “our”) governing your use of the Maids a la Mode application, website, and technology platform (collectively the “Maids a la Mode Platform”).
Scope of Work
We provide fixed-rate pricing based upon a list of tasks to be completed by a Cleaner. That list of tasks is referred to herein as a “Scope of Work.”
Our fixed-rate pricing assumes the Customer’s home meets reasonable levels of cleanliness and that we have been provided accurate information in order to formulate pricing. We are unable to perform a walk-through to verify the size and condition of homes prior to service. If a Cleaner arrives and a home is dirtier than average, or larger than was indicated, the Customer may be given the option to extend the length of service, at our then-current hourly rate (provided time is available on a Cleaner’s schedule), or to reduce the scope of their work and prioritize according to the time allowed.
Cleaners provide their own green cleaning equipment and supplies. Customers may request that Cleaners use a specific product by purchasing the product and leaving the product out along with instructions for the Cleaner. Neither Maids a la Mode nor Cleaners are responsible for any damage caused by cleaning products provided by the Customer.
Prior to a cleaning engagement (referred to herein as a “Project”) Customers must pick up all non-decorative items from the floor and furniture that is not normally used to store items. Cleaners typically do not allocate more than 1 minute per room to organize and may pile any clutter in one area and clean around it.
Customers are in a direct business relationship with the Cleaner assigned to their Project, and must provide a safe workplace for Cleaners. Customers are responsible for restraining or removing animals from the home or office to be cleaned prior to a Cleaner’s arrival. If a Customer restrains an animal in a room of the home or office, the Cleaner is not required to clean that room unless the pet is in a crate or cage that does not allow the pet to get out on its own. Neither Cleaners nor Maids a la Mode may be held responsible for anything related to pets. Maids a la Mode does not assume liability for health and safety of pets. Customers are in the best position to ensure pets’ safety and wellbeing.
Customers also agree to ensure that all electrical equipment is in safe working order (and approved for use), there are no dangerous environments (such as live exposed electricity), and there are no unannounced persons at each Project location.
Limitations on Services
Maids a la Mode and Cleaners reserve the right to cancel Services for any reason.
Cleaners exercise reasonable care when cleaning. Maids a la Mode has no responsibility for any damage that may occur during the rendering of Services or a Project. Rather, Cleaners carry insurance for damage or breakage they cause. Cleaners are not liable for damage that is caused by “normal wear and tear”, rug or carpet snags, improper installation of an item(s), or artwork, collectibles or family heirlooms valued over $200 and that is not disclosed during the time of making the appointment.
If any damage or perceived damage is noticed after a Cleaner has left, the customer must notify Maids a la Mode within 24 hours of any problem that may have occurred at the address during that day and time of the scheduled cleaning. Maids a la Mode will do its best to resolve the problem and come up with a reasonable solution. Cleaners shall have the first right to rectify, repair, or resupply services to remedy any damages or incomplete work. Limitations on Cleaner’s responsibilities 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. which are snagged by a vacuum’s roller brush. In order to limit snags or fraying, Cleaners will try not to go near the bad areas of carpeting/rugs.
• Broken Blinds – Customers should be aware that there are some inherent risks each time 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. In that case, neither Maids a la Mode nor Cleaners assume the risk of cleaning such items. It is the customer’s responsibility to inform, in writing, of any item(s) that fall into this category.
• 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.
• Customers must discuss furniture care needs if special attention is needed. Customers may supply cleaning product(s) for specific piece(s) of furniture, leather furniture, pianos, etc. Customers may notify us via email of the preferred product(s) to be provided and used.
• Cleaners need electricity and water. If Customer utilities are turned off, a Customer may reschedule to when they are back on. If Cleaners arrive for a scheduled cleaning service, and utilities are turned off, Customer will be charged our 50% late cancellation fee.
• Cleaners generally have 2-step ladders which are sufficient to reach most 1st floor windows, ceiling fans, and upper shelves. Generally, they do not climb higher than that – for liability reasons.
• Cleaners do not move heavy appliances and furniture. Cleaners can clean around them and underneath, to the extent reachable.
• Cleaners will not clean animal feces and urine, or hazardous waste.
A Customer may cancel or reschedule a booking no less than 48 hours prior to a booking without penalty or charge. A 50.00% cancellation fee will be charged to the Customer if there is a cancellation between 48 hours and end of day prior to the appointment. If a Customer cancels a booking on the same day of service, the Cleaner is unable to access the home, or the Customer’s utilities are turned off at the time of service, the Customer will be charged a 100.00% cancellation fee. Maids a la Mode and Cleaners reserve the right to refuse cleaning if anything encountered is potentially dangerous. This could include, but is not limited to: mold, abnormal buildup, hoarding, excessive clutter, etc. Where a Cleaner is unable to attend a Project, Maids a la Mode will try to find a replacement Cleaner, but will not be responsible to the Customer if one cannot be found.
Recurring Booking Cancellations
If a Customer cancels or reschedules a recurring booking, the next scheduled service will be subject to an increase in rate commensurate with the next tier of pricing; e.g. if a bi-weekly booking is cancelled or rescheduled, the rate of the Customer’s next booking will be increased to the monthly service rate and so forth.
A Customer may use the rating system inside Maids a la Mode to rate and provide feedback on the Cleaner and each Project. Customers agree to provide accurate information and to not unreasonably give a Cleaner or a Project a low rating. If a Customer is unsatisfied with the standard of a Project, the Customer must first discuss the matter with Maids a la Mode, which shall endeavor to resolve the matter within 2 Business Days.
When a Customer makes a booking on the Maids a la Mode Platform, a credit card hold is placed on their account 1 day prior to service. Within 24 hours of the booking, Maids a la Mode will process payment for the full amount of the Service to be performed.
The Maids a la Mode Platform
The Maids a la Mode Platform provides a marketplace where persons who seek cleaning services (“Customers”) can be matched with reputable, insured cleaners in their market (“Cleaners”). Customers and Cleaners are collectively referred to herein as “Users” and each User shall create a User account that enables access to the Maids a la Mode Platform. Each person may only create one User account, and Maids a la Mode reserves the right to shut down any additional accounts. As a User, you authorize Maids a la Mode to match you with a Customer or one or more Cleaners based on factors such as your location, the Scope of Work, user preferences, reviews, and the time involved in the Project, and to cancel an existing match and rematch based on the same consideration. For purposes of this Agreement, the cleaning services provided by Cleaners to Customers that are matched through the Maids a la Mode Platform shall be referred to collectively as the “Services.” Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each cleaning Service provided by a Cleaner to a Customer shall constitute a separate agreement between such persons.
Each Cleaner is an independent contractor in a direct relationship with each Customer for which a Cleaner performs a Project. By using the Maids a la Mode Platform, you acknowledge and agree that (i) Cleaners are not employees or subcontractors of Maids a la Mode, and Cleaners do not provide any services to Customers on behalf of Maids a la Mode; (ii) Maids a la Mode is only the Cleaner’s agent for purposes of matching Cleaners with Customers and arranging for payment; and (iii) each Cleaner is not an employee of either the Customer or Maids a la Mode.
Modification of the Agreement
In the event Maids a la Mode modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Maids a la Mode reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Maids a la Mode Platform or Services after any such changes shall constitute your consent to such changes.
The Maids a la Mode Platform may only be used by individuals who can form legally binding contracts under applicable law. The Maids a la Mode Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
In order for a Cleaner to create a User account to provide Services to Customers, such Cleaner must undergo a background check, provide cleaning references, and supply proof of valid liability insurance. Maids a la Mode requires these safeguards to ensure a positive customer experience for Customers. Maids a la Mode does not warranty the sufficiency, completeness, or accuracy of any background checks, reference checks, or insurance verification.
The following disclaimers are made on behalf of Maids a la Mode, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
Maids a la Mode does not provide cleaning services, and Maids a la Mode is not a cleaning company. Maids a la Mode provides a platform connecting Customers and Cleaners. It is up to a Cleaner to decide whether or not to offer Services to a Customer through the Maids a la Mode Platform, and it is up to the Customer to decide whether or not to accept a service from any Cleaner. We cannot ensure that a Cleaner will complete an arranged service, and we have no control over the quality of the service delivered by a Cleaner.
The Maids a la Mode Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Maids a la Mode Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that your use of the Maids a la Mode Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Maids a la Mode Platform will be corrected, or that the Maids a la Mode Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Maids a la Mode Platform or Services.
When retaining Cleaners through the Maids a la Mode Platform, Customers agree not to solicit for hire any Cleaner for any home-related services. Customers acknowledge that Maids a la Mode has expended substantial time and resources finding, interviewing, and checking the backgrounds of Cleaners. Customers that solicit Cleaners after finding them through the Platform will be required to pay Maids a la Mode a $5,000.00 Referral Fee. This Referral Fee is a reasonable approximation of the amount of lifetime revenue that Maids a la Mode would generate over the lifetime of a Customer engagement, and not a penalty.
Cleaners also agree not to directly contract to provide services to Customers outside of the Maids a la Mode Platform within 12 months of the last day that the Cleaner performed a Project arranged through the Maids a la Mode Platform. Where such a direct relationship is formed without the consent of Maids a la Mode, Cleaners agree to pay Maids a la Mode 50% of the revenue generated from that work.
You will defend, indemnify, and hold Maids a la Mode including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Maids a la Mode Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Customers and Cleaners, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Maids a la Mode Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) the provision of Services; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
IN NO EVENT WILL MAIDS A LA MODE, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “MAIDS A LA MODE” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE MAIDS A LA MODE PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE MAIDS A LA MODE PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAIDS A LA MODE PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT MAIDS A LA MODE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
Except as qualified below, any dispute between a User and Maids a la Mode or any of its or User’s affiliates arising under, out of, in connection with or in relation to this Agreement, the parties’ relationship, or the Services must be submitted to binding arbitration under the authority of the Federal Arbitration Act and must be arbitrated in accordance with the then-current rules and procedures and under the auspices of the American Arbitration Association. The arbitration must take place in the city where our headquarters are located at the time of the dispute, or at such other place as may be mutually agreeable to the parties. Any arbitration must be resolved on an individual basis and not joined as part of a class action or the claims of other parties. The arbitrators must follow the law and not disregard the terms of this Agreement. The decision of the arbitrators will be final and binding on all parties to the dispute; however, the arbitrators may not under any circumstances: (i) stay the effectiveness of any pending termination of this Agreement; (ii) assess punitive or exemplary damages; or (iii) make any award which extends, modifies or suspends any lawful term of this Agreement or any reasonable standard of business performance that we set.
A judgment may be entered upon the arbitration award by any state or federal court where we maintain our headquarters or the state where User is located. Before the filing of any arbitration, the parties agree to mediate any dispute that does not include injunctive relief or specific performance actions, provided that the party seeking mediation notifies the other party of its intent to mediate prior to the termination of this Agreement. Mediation will be conducted by a mediator or mediation program agreed to by the parties. Persons authorized to settle the dispute must attend any mediation session. The parties agree to participate in the mediation proceedings in good faith with the intention of resolving the dispute if at all possible within 30 days of the notice from the party seeking to initiate the mediation procedures. If not resolved within 30 days or if one party refuses to participate in mediation, the parties are free to pursue arbitration. Mediation is a compromise negotiation for purposes of the federal and state rules of evidence, and the entire process is confidential.
This Agreement shall be governed by the laws of the State of Alabama without regard to choice of law principles. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Maids a la Mode, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Maids a la Mode shall be given by certified mail, postage prepaid and return receipt requested to Maids a la Mode, Inc., 1906 Old Government Street, Mobile, Alabama 36606. Any notices to you shall be provided to you through the Maids a la Mode Platform or given to you via the email address or physical you provide to Maids a la Mode during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Maids a la Mode with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.