This website and its applications, tools and services (collectively, the “Website”) are operated by Domesticlean LLC (“BHC”) and these terms and conditions apply to all websites, applications, tools and services owned, operated, controlled and otherwise made available by BHC (including, but not limited to, mirrored, co-branded and successor sites).
IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE, SUBSCRIBING TO OR PURCHASING BHC SERVICES AND PRODUCTS, AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “BHC PLATFORM”).
BHC IS WILLING TO PROVIDE YOU WITH ACCESS TO THE BHC PLATFORM, PRODUCTS, AND SERVICES ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM BHC IN CONNECTION WITH THE BHC PLATFORM AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS AVAILABLE ON THE BHC PLATFORM (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE USING THE BHC PLATFORM.
By accessing, subscribing, downloading and/or otherwise using the BHC Platform or purchasing products and/or services, you (a) certify that you are at least 18 years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such individual or entity, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of BHC that may be published within the BHC Platform.
If you are acting on behalf of a business entity, the principals of the entity hereby join in the entering into and execution of this Agreement for the purpose of guaranteeing the performance by you of each and every one of the obligations under this Agreement, including, without limitation, the payment of any fee due to BHC.
The BHC Platform, products, and services are owned and operated by BHC and its licensors and is protected by copyright and other intellectual property laws under United States and international laws and treaties – Copyright 2022 Domesticlean LLC. All rights reserved. The compilation and arrangement of all content, data and other information found within the BHC Platform is also the sole and exclusive property of BHC and its licensors and is protected by U.S. and international intellectual property laws. The “look and feel” of the BHC Platform, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to BHC and its licensors and are fully protected under U.S. and international intellectual property laws.
Use of the BHC Platform
Subject to the terms and conditions set forth herein and any third party restrictions, BHC grants you a non-transferable, non-exclusive and non-sublicensable limited right and license to view, use and remotely access the BHC Platform to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content available within the BHC Platform solely for your informational purposes and for your immediate, private, personal and non-commercial use, and (b) make purchases of goods and services available on or through the BHC Platform; provided in each case that you retain all BHC copyright and proprietary notices contained in the original materials or any copies thereof.
All rights not expressly stated herein are reserved by BHC and BHC disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the BHC Platform, products, or services, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the BHC Platform, products, or services, or any part thereof, in any form; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the BHC Platform, products or services, or any part thereof; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the BHC Platform, products, or services in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of BHC, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use the BHC Platform, products, or services to harm minors in any way; (viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using the BHC Platform, products or services; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the BHC Platform, products, or services; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the BHC Platform, products, or services, or servers or networks connected to the BHC Platform, products, or services, or disobey any requirements, procedures, policies or regulations of networks connected to the BHC Platform; (xiv) “stalk” or otherwise harass another; or (xii) collect or store personal data about other users.
You agree not to access the BHC Platform by any means other than through the interface that is provided to you by BHC for use in accessing the BHC Platform.
By posting information or other materials on or within the BHC Platform or by making such information available for downloading by you, BHC does not waive any proprietary right in and to the BHC Platform (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the BHC Platform except for the limited license expressly granted herein.
By making a Submission and/or accepting Cleaning Services from BHC and subject to any Customer Agreement, you waive the right to make any claim against BHC or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers, shareholders and successors and assignees related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you or obtained by BHC in the course of performance of Cleaning Services.
You represent and warrant that the Submissions you submit to BHC: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for BHC. You also agree to maintain and promptly update your Submissions by means of the BHC Platform in order to keep that information true, accurate, current and complete.
BHC does not and cannot review all Submissions posted to or created by users accessing the BHC Platform and is not in any manner responsible for the content, postings and/or communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the BHC Platform, BHC is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. Even though BHC may monitor and review Submissions, we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, profanity or misrepresentation. Notwithstanding the foregoing, BHC reserves the right to block or remove Submissions, communications, postings, or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret or other intellectual property rights of another; (d) offensive or otherwise unacceptable to BHC as determined in its sole discretion; or (e) violates this Agreement or any Customer Agreement as determined in BHC’s sole discretion.
Limitations on Internet & BHC Platform
You acknowledge that BHC may establish limits concerning use of the BHC Platform, including, without limitation, the maximum number of days that Submissions or inactive accounts will be retained by BHC on the BHC Platform, the maximum number and size of postings, e-mail messages, or other Submissions that may be transmitted or stored by the BHC Platform, and the frequency with which you may access the BHC Platform.
You agree that BHC has no responsibility or liability for the deletion or failure to store any Submissions maintained or transmitted by the Internet. You acknowledge that BHC reserves the right at any time to modify or discontinue the BHC Platform (or any part thereof) with or without notice, and that BHC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the BHC Platform.
Electronic Delivery Policy and Your Consent
By using the BHC Platform, you consent to electronically receive from BHC all communications including notices, agreements, legally required disclosures or other information in connection with the BHC Platform (collectively, “Notices”). BHC shall provide such electronic Notices by posting them on this BHC Platform, through a messaging system and/or other similar notification application and/or service. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of this BHC Platform.
You access and use the BHC Platform at your sole risk. The BHC Platform is provided to you on an “as is” and “as available” basis. When using the BHC Platform, information will be transmitted over a medium that may be beyond the control and jurisdiction of BHC and its suppliers. To the fullest extent permissible pursuant to applicable law, BHC disclaims all representations, guarantees and warranties (whether express, statutory or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise with respect to the BHC Platform, services and products. With respect to Third Party Sites (as hereinafter defined), we make no representation and/or warranty on their behalf.
Without limiting the foregoing, BHC does not represent or warrant that (a) the BHC Platform will be uninterrupted, timely, secure or error-free, (b) the defects in the BHC Platform will be corrected, (c) the BHC Platform or the servers that operate the BHC Platform are free of viruses or other harmful components, (d) the data, results and information within the BHC Platform will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the BHC Platform will meet your needs, requirements or expectations.
The advice, reviews, and/or feedback provided on the BHC Platform are merely consumer opinions and shall not be construed as advice nor as providing any other warranty or representation (all of which are expressly disclaimed) regarding the subject matter thereof and/or the BHC Platform.
BHC may make changes to the content within the BHC Platform or to your Submissions, products or services described in it, at any time without notice to you. Further, BHC assumes no liability or responsibility for any errors or omissions in the content within the BHC Platform. The materials in the BHC Platform may be out of date or inaccurate, and BHC specifically disclaims any duty to update such content.
Any material downloaded or otherwise obtained by you through the use of the BHC Platform is done at your sole discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses.
You acknowledge and agree that BHC shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submissions; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by BHC. You acknowledge and agree that BHC shall not be responsible or liable for any Submissions or conduct of any third party, including, but not limited to, content sent using and/or included within the BHC Platform provided by any other user of this BHC Platform or any third party licensors or suppliers of BHC.
Some States do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section are determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the BHC Platform, and no warranties shall apply after such period.
You further acknowledge that data entry and conversion is subject to human and machine errors, omissions, delays, and losses, including inadvertent loss or corruption of data or damage to media, that may give rise to loss or damage. You agree BHC will not be liable for any such errors, omissions, delays, or losses. You are responsible for adopting reasonable measures to limit the impact of such problems, including backing up data, and adopting procedures to ensure the accuracy of data you enter, examining and confirming results prior to use of data, and adopting procedures to identify and correct errors and omissions and reconstruct data. You are also responsible for complying with all local, state, and federal laws pertaining to the use and disclosure of any data.
Harassment in any manner or form on the BHC Platform, including via email, web blog (“blog”), comments, submissions, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a BHC employee or representative, as well as other members or visitors on this BHC Platform is prohibited. You may not upload to, distribute, send or otherwise publish through or within the BHC Platform any content which is libelous, defamatory, obscene, disruptive, harassing, threatening, offensive, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to civil liability, violate any law or infringe on a third party’s intellectual property right (including, but not limited to, spam, offensive sexual, racial or gender related material, or material that violates BHC’s then current policies). You may not upload commercial content on or within this BHC Platform or use the same to solicit others to join or become members of any other commercial online service or other organization.
You agree not to: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the BHC Platform; (b) use Internet Relay Chat (IRC) bots via this BHC Platform (i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day); (c) hinder the ability of others to use IRC; (d) disrupt the BHC Platform or the normal flow on this BHC Platform of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (e) run any program on the BHC Platform that makes a service or resource available to others, including, but not limited to, port redirectors, proxy servers, chat servers or simulated multi-user environments; (f) interfere with, disrupt, or harm in any way the BHC Platform or the servers or networks used in connection with it; (g) run programs or specifically configure machines in such a way as to keep a connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (h) use the BHC Platform in violation of the rules of any other website providers, websites, chat rooms or the like; (i) use the BHC Platform to access the accounts of others without permission; (j) attempt to penetrate security measures of BHC or another entity, or obtain or bypass others’ passwords; and (k) engage in denial of service attacks (i.e., actions designed to impair network access by flooding the BHC Platform with useless traffic).
Limitation of Liability
NEITHER BHC, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE BHC PLATFORM, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE BHC PLATFORM, PRODUCTS AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE BHC PLATFORM OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THIS BHC PLATFORM, WHETHER OR NOT BHC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL BHC’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO BHC FOR ACCESS AND USE OF THE BHC PLATFORM OR THE PURCHASE OF ANY GOODS OR SERVICES PURCHASED THROUGH THE BHC PLATFORM OR, IN ALL OTHER CASES, TEN DOLLARS ($10.00).
SOME STATES DO NOT ALLOW THE FOREGOING EXCLUSIONS OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
Access to the BHC Platform
You shall be responsible for obtaining access to the BHC Platform and for all equipment necessary to access the BHC Platform and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all charges associated with connecting to the BHC Platform, including, without limitation, all telephone, equipment, airtime and internet service provider charges.
Passwords and Your Obligations
You may be asked to register as a member on certain pages or services within the BHC Platform and to select a unique username and password in order to be able to access your account and use parts of the BHC Platform. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify BHC in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use or modify your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.
Please notify us immediately of any unauthorized use of your username and password via email to firstname.lastname@example.org.
The BHC Platform resides on the public Internet. BHC uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to BHC and any information stored on servers controlled by BHC. Notwithstanding these efforts, BHC cannot guarantee the confidentiality and security of such electronic communications and the devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
Without limiting the foregoing, you shall not: (a) violate or attempt to violate the security of the BHC Platform; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the BHC Platform, overloading, “flooding,” “mailbombing” or “crashing” the BHC Platform. Violations of system or network security may result in civil or criminal liability. BHC reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
You agree to indemnify, defend, and hold harmless BHC, its affiliates, agents, vendors, distributors, licensors, suppliers, successors and assignees and their officers, directors, and employees from and against any and all actions, suits, proceedings, hearings, investigations, charges, complaints, claims, demands, injunctions, judgments, orders, decrees, rulings, damages, dues, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes (whether federal, state, local, or foreign), liens, losses, expenses, and fees, including, without limitation, court costs and reasonable attorneys’ fees and expenses, resulting from (a) any third party claim relating to your use of the BHC Platform or purchase of BHC services and products (including, without limitation, personal injury and property damage claims), (b) any violation of the terms and conditions of this Agreement, (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (d) your use of (or inability to use) the BHC Platform, and (e) any use of your Submission by BHC or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity.
User Generated Content Disclaimer
The user generated content and/or blog entries (if any), quotations and other editorial content on this BHC Platform are provided “as is” with no warranties and confers no rights. The user generated content (if any) is solely the opinion of the author and do not necessarily reflect the opinions of BHC.
Subject to the terms and conditions of any Customer Agreement, you agree that BHC, at its sole discretion, may terminate this Agreement at any time and/or suspend your access to and use of the BHC Platform or its performance of Cleaning Services (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if BHC believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. BHC reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the BHC Platform or its performance of Cleaning Services (or any part thereof) without notice. You agree that BHC shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of, or access to, the BHC Platform or tis performance of Cleaning Services. Your obligations under this Agreement shall continue even after BHC has terminated and/or cancelled this Agreement or your access to the BHC Platform. BHC at its discretion may refund to you any prepaid amounts for Cleaning Services that you may have paid BHC that have been cancelled as a result of BHC exercising the foregoing rights.
Display/Colors & Specifications
The BHC Platform attempts to display images shown through it as accurately as possible. However, BHC cannot guarantee that the image or color you see displayed on your monitor represents the actual image or conforms to the specifications that you have selected.
Pricing, Special Offers and Promotions
All prices shown through the BHC Platform are applicable solely for purchase by users directly through this BHC Platform. Prices, specifications and features are subject to change without notice. Prices within the BHC Platform may not be the same as prices available through sales representatives, telephone orders, or promotional offers. BHC does not have a price match guarantee.
Special product, pricing or service offerings and promotions may be displayed from time to time through the BHC Platform and are considered discontinued and no longer valid once they are removed from the BHC Platform. In addition, all such offerings and promotions displayed through the BHC Platform are subject to change or cancellation at any time without notice. Programs/promotions available through sales representatives or telephone orders may not be available through the BHC Platform and vice versa.
On rare occasions, a service and/or a product may be priced incorrectly on the BHC Platform. If this occurs, then at the sole discretion of BHC, BHC may either (a) refuse or cancel your order whether or not the order has been confirmed and you have paid, (b) contact you for instructions, (c) cancel the order for such service or product and notify you of such cancellation, or (d) sell the product or perform the service at the incorrect price to your benefit.
Validating & Approving Registration and/or Submission
We reserve the right to reject your Submission or order, for any or no reason whatsoever. If we do reject any of the foregoing activities, we will generally attempt to notify you by using the contact information you gave to us at the time of registration or your most recent Submission or, if applicable, a Customer Agreement.
Sales, VAT & Use Tax Policy
If required by applicable taxing authorities including, but not limited to, federal, state or local tax rules and laws, sales, VAT, use and other taxes may be added. We will do our best to accurately calculate sales, VAT, use and other taxes, but errors may occur due to the large number of tax districts or for other reasons. If we do not collect sales, VAT, use or other taxes for your order, you may still be responsible for paying such taxes for the services and/or your purchase.
Order Acceptance/Confirmation for Customers
After you place an order through the BHC Platform, we will check the information you gave us for validity. We may require additional verifications or information before accepting any order. Your receipt of an electronic or other form of confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our performance. We reserve the right at any time after receipt of your order to accept or decline your order and/or to limit quantities on any order, for no or any reason whatsoever. If we reject all or part of your order, we will generally attempt to notify you by using the contact information you gave to us with your order. If you made a payment to us using any of the methods set forth herein, you will not be charged if we reject an order, and we will process a refund if a charge has been made against you in error.
Billing and Payments
We accept the payment methods set forth on the BHC Platform from time to time including prepayment in full. If we accept your order, before we perform any Cleaning Services and if you provided a credit/debit card at the time of checkout, subject to the Customer Agreement, we may charge your credit/debit card at the time of checkout the estimated total amount or pre-authorize the estimated total amount prior to your appointment time. If we are unable to charge your credit/debit card before your scheduled cleaning appointment or do not receive payment, we will attempt to notify you by phone or email. If we are unable to reach you or you are unable to provide a valid payment method for payment, we, in our absolute and sole discretion, reserve the right to withhold Cleaning Services and you will be charged in accordance with the cancellation policy provided herein. Unless you have agreed to prepay for the Cleaning Services at the time of submitting your order, your credit/debit card will be charged the final total, including tip, overage, and any additional fees after Cleaning Services have been rendered. Any past due balances owed to us will also be assessed interest at an annual rate of 10%.
We may also offer the opportunity for you to purchase a package of multiple or recurring Cleaning Services appointments (each a “Minimum Services Commitment”) to be used within a specified term set forth on the order form at the time of purchase (“Minimum Commitment Period”). If you elect to purchase a Minimum Services Commitment, all Minimum Services Commitment appointments must be scheduled and redeemed within the applicable Minimum Commitment Period. If you fail to schedule and redeem the requisite Minimum Services Commitment within the applicable Minimum Commitment Period or elect to terminate the Minimum Services Commitment prior to the expiration of the Minimum Commitment Period, you will be charged a $99 missed commitment fee. No monetary refunds will be issued for missed commitment fees nor any prepaid Minimum Services Commitment appointments that are not scheduled and redeemed within the Minimum Commitment Period.
“Cleaning Services” means those cleaning services and related quantities (i.e., rooms) that you chose while purchasing BHC services on the BHC Platform including, but not limited to, Minimum Services Commitment, standard housing cleaning services for bathrooms, kitchen, bedrooms, add-on services and/or deep house cleaning services for all areas, bathrooms, kitchen, bedroom and related add-ons, and move-in/move-out cleaning services for all areas, bathrooms, kitchens, and bedrooms and the other services you selected at the time of your purchase.
“Excluded Cleaning Services” means all other services other than the Cleaning Services including, but not limited to, those set forth on the BHC Platform or Customer Agreement as excluded services, including, but not limited to, unfinished basements, garages, and other exclusions set forth on the BHC Platform.
Appointments for Cleaning Services
All appointment durations given are based on a single cleaner completing your Cleaning Services. If multiple cleaners are assigned by BHC, in its sole discretion, to perform your Cleaning Services, the quoted duration of your booking may change to reflect that. If, upon inspection of the property in question, the Cleaning Services required exceed those ordered under the Customer Agreement or the quoted duration, BHC will notify you and may in its sole discretion offer additional Cleaning Services to you at its then current hourly rates, subject to your approval. If you or BHC elect not to order or provide, as applicable, such additional Cleaning Services, Cleaning Services appointment will end at the end of the originally quoted duration regardless of whether the property in question is fully cleaned.
You may be provided with a two-hour window within which your Cleaning Services will commence. This allows BHC to account for traffic, parking, and other delays outside BHC’s control. If you select a flexible scheduling option on your Customer Agreement, you may not be provided with a two-hour window.
Our technicians and staff members are very important to us, and we are very serious about keeping them safe. If, in the performance of Cleaning Services, we uncover any condition or task that is unsafe as determined in our sole discretion, we reserve the right to immediately suspend, cancel, and/or terminate the provision of Cleaning Services until the unsafe conditions are remediated. By purchasing the Cleaning Services, you hereby represent and warrant that the area to be cleaned is free of all unsafe conditions including infestations. Prior to the commencement of Cleaning Services, you agree to notify us in writing of any unsafe condition including any infestation. If an unsafe condition is not remediated or unable to be remediated in a timely manner (in BHC’s sole and absolute discretion), BHC shall terminate the provision of Cleaning Services and you shall be responsible for the full cost of such Cleaning Services as reflected in the applicable Customer Agreement.
Keys/Door Codes/Alarm Codes/Client’s Keys: Alarm codes are transmitted and stored through SSL encryption. In the event you provide a physical key to BHC, you hereby release BHC from any and all claims resulting from the loss or misuse of such key. BHC will notify you as soon as reasonably practicable upon discovery of such loss or misuse.
Heavy Lifting and Elevated Surfaces: Our technicians and staff will not move anything heavier than thirty-five (35) pounds. If you would like us to clean behind appliances like a refrigerator, oven, or sofa, you must move the item prior to the cleaning to allow access to the desired area. Additionally, our technicians and staff will not ascend higher than a two-step ladder to clean high areas.
Infestations: We will not clean a home or office with any pest infestation, including, but not limited to, fleas, bedbugs, rodents and lice.
Climate Control: Cleaning is a very physical job. During the hot summer months, please have your air conditioning turned on for our crew. If it is not on or the temperature in the applicable space is otherwise uncomfortable, as determined in our sole discretion, you hereby permit our team to adjust the climate control (as needed) while on-site.
Cleaning with Client Cleaning Products: We bring all of our own cleaning supplies and you agree to accept same in all cases. If you would like us to use your cleaning products, we may do so, in our sole and absolute discretion and ONLY if the product(s) you are requesting we use are expressly labeled NON-TOXIC. There may be additional fees depending upon the request.
If you would like our staff to use your personal cleaning supplies, you must notify us in writing in advance prior to the commencement of Cleaning Services. You further agree that, in the event we do elect to use your cleaning supplies, BHC will in no way be held liable for any damage to these supplies or caused by these supplies. You further agree to indemnify us for any and all damages or claims resulting from the use of said supplies.
Pets: Many of our clients have pets. If your animal has a history of loud barking, growling, or biting, you must place the animal in a secured area that our staff will not enter. You further agree to indemnify us for any and all damages or claims resulting from your pets.
Urine and Feces: We will not clean litter boxes, pee pads or any other urinated/fecal area. We do not vacuum up litter with our vacuums around litter boxes or otherwise. If you have a handheld vacuum hung or placed near the litter box area, we may use that to clean around a litter box for you. We will not clean up your pet’s urine or feces or other various pet “accidents.”
Cancellations, Rescheduling, Lock-outs, Missed Appointments
If you have ordered Cleaning Services from BHC and need to cancel or reschedule a Cleaning Services appointment (including, but not limited to, those appointments applicable to the Minimum Services Commitment) for any reason, you must provide twenty-four (24) hours’ advance written notice in order to avoid a cancellation fee either by emailing us at email@example.com or by canceling on the BHC Platform. Any cancellations made between twenty-four (24) hours of the scheduled appointment and up until 5:00 pm EST the day before the scheduled appointment will be assessed the $50 cancellation fee. Any cancellations made after 5:00 p.m. EST the day before the scheduled Cleaning Services will be charged the full amount of your applicable Cleaning Services appointment.
If BHC arrives at the scheduled appointment time and is unable to access the applicable area, you will be charged the full amount of your scheduled appointment. In such event, we will attempt to contact you and we will wait for up to 15 minutes after arriving before leaving.
Renewal of Minimum Services Commitment Packages
If you have purchased Cleaning Services pursuant to a Minimum Services Commitment package, such package will automatically renew at the expiration of the then current Minimum Commitment Period for a new Minimum Commitment Period at the same duration at the then applicable rates, unless you provide at least 15 days prior written notice to BHC either through the BHC Platform or by emailing firstname.lastname@example.org.
All sales are final and you are not permitted to instruct your credit/debit card service provider or bank to execute a chargeback. If you are dissatisfied with the Cleaning Services provided by BHC, you must report same to our customer service team at email@example.com within twenty-four (24) hours of your appointment.
You shall immediately notify BHC in writing if you know or have reason to believe that BHC has been or will be required, as a result of activity arising out of or related to this Agreement or your use of the BHC Platform by any court or administrative agency of the United States or any state or by any legal process to respond to any subpoena, search warrant, discovery or other directive under the authority of such court, administrative agency, governmental inquiry or process in connection with any proceeding or investigation in which you or any of your affiliates, officers, directors, agents, employees, or subcontractors is involved. Whether or not such notice is given by you, you shall directly assist BHC in BHC’s attempt to reduce the burdens of compliance with any such directives, and you shall reimburse any and all reasonable expenses incurred by BHC in complying with any such directive, including, but not limited to, attorneys’ fees and BHC’s outside counsel attorneys’ fees for representation and advice, travel and lodging expenses that are incurred by BHC in responding to such matters.
During the term of a Customer Agreement and for a period of two (2) years after the completion of Cleaning Services, you agree that you will not, either directly or indirectly employ, contract with, or solicit for employment or engagement any technician or other staff member employed by BHC or contracted with BHC that performed Cleaning Services for you.
You agree not to disparage BHC or any of its officers, directors, employees, or contractors in any manner that would damage its reputation.
Order of Preference
This Agreement governs your use and access to the BHC Platform. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with BHC, including, without limitation, any Customer Agreement. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on this BHC Platform, conflicts with any provision of your other agreements with BHC, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement.
Links to Other Websites
Revisions and Consents
Subject to any Customer Agreement, BHC reserves the right to revise these Terms & Conditions of Use at any time and for no or any reason whatsoever. BHC also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the BHC Platform. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this BHC Platform or via electronic notice as described above. By continuing to access this BHC Platform, you acknowledge and agree that you shall be bound by such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.
BHC may make forward-looking statements concerning BHC’s future performance. Such statements are subject to risks and uncertainties that may cause BHC’s actual performance to differ materially from that set forth in such forward-looking statements. Words such as “believe,” “expect,” “anticipate,” “intend,” or similar expressions are intended to identify forward-looking statements. Such statements speak only as of the date on which they are made. BHC undertakes no obligation to update publicly or revise any such statements. Factors that could cause BHC’s actual financial and other results to differ materially from those projected by BHC in forward-looking statements include, but are not limited to, competition, economic conditions, delinquencies and credit losses, interest rate increases, availability of funding and securitization, customer behavior, new products and markets, growth, legal and regulatory.
This Agreement and any applicable Customer Agreement constitute the entire agreement between you and BHC with respect to the subject matter addressed herein, and govern your access to, and use of, the BHC Platform, superseding any prior agreements between you and BHC relating to such subject matter, but this Agreement may be supplemented by any other agreement you and/or your employer enter into with BHC pursuant to your purchase, enrollment and/or participation in other features or services of the BHC Platform.
Except for the failure to pay any fees and/or disputes concerning a breach of the scope of the license granted herein, any other dispute arising out of, relating to or in any way connected with this Agreement, on written request of either party served on the other, shall be submitted to final and binding arbitration before a single arbitrator. If the parties are unable to agree on an arbitrator within thirty (30) days after a party has served notice of a request to arbitrate, then an arbitrator shall be selected by the American Arbitration Association pursuant to its then-current rules, within fifteen (15) days after the parties are unable to agree on the arbitrator. Arbitration shall take place in Towson, Maryland in accordance with the Rules and Regulations of the American Arbitration Association (Commercial Division).
Should any suit be commenced to enforce BHC’s rights and in the event BHC is successful, you agree to pay BHC’s expenses and attorney’s fees incurred.
Any and all trademarks displayed within the BHC Platform are owned by BHC, its licensors or its affiliates. Nothing in this Agreement should be construed as transferring any aspects of such rights to you or to any third party.
Subject to any Customer Agreement, at all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of BHC. “Confidential Information” means any type of information or material disclosed by BHC that is unique, confidential or proprietary to BHC or its licensors related to the business or activities of BHC that are not generally known to others engaged in similar businesses or activities including, without limitation, information which relates to research, development, trade secrets, know-how, inventions, invention records, technical data, computer software, programming, concepts, designs, drawings, procedures, processes, equipment, reports, manuals, documentation, manufacture, purchasing, accounting, engineering, marketing, merchandising and selling, pricing, customer lists, business plans or strategies, third party information in BHC’s possession, all parts of the BHC Platform and any other materials or information whether in written, digital, oral or other form.
This Agreement is executed in the State of Maryland and shall be governed by, and interpreted in accordance with, the laws of the State of Maryland, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the BHC Platform, and purchases of products and/or services through the BHC Platform must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitations which otherwise may apply. Subject to the foregoing arbitration terms and conditions, you agree that the exclusive jurisdiction for any action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, shall be the State courts located in the State of Maryland or the United States District Court for the District of Maryland for resolution of any dispute, action or proceeding arising in connection with this Agreement, purchase of products/services or your use or non-use of the BHC Platform.
YOU WAIVE ALL RIGHTS TO TRIAL BY JURY OF ANY CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. YOU ACKNOWLEDGE THAT THIS IS A WAIVER OF A LEGAL RIGHT AND REPRESENT THAT YOUR WAIVER IS MADE KNOWINGLY AND VOLUNTARILY AFTER CONSULTATION WITH COUNSEL OF YOUR CHOICE. TO THE EXTENT APPLICABLE, YOU AGREE THAT ALL SUCH CLAIMS SHALL BE TRIED BEFORE A JUDGE OF A COURT HAVING JURISDICTION WITHOUT A JURY.
Applicability of Content
The servers supporting the BHC Platform are operated in the United States of America, and BHC makes no representation that the content provided through the BHC Platform are applicable or appropriate for use in jurisdictions other than the United State of America. If you access our BHC Platform from outside of the United States America, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the BHC Platform, you may not view or use the BHC Platform.
BHC Intellectual Property Notice
Pursuant to the Digital Millennium Copyright Act, BHC has designated the person listed below as its agent to receive notifications of alleged copyright or other intellectual property infringement on this BHC Platform. BHC respects the intellectual property of others and asks our users to do the same. If you believe that your work has been copied in a way that constitutes infringement, or your intellectual property rights have been otherwise violated, please provide BHC’s Intellectual Property Agent the following information (the “Notice”): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property right that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the BHC Platform; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the applicable intellectual property owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
BHC’s agent for transmitting the Notice for claims of copyright or other intellectual property right infringement can be contacted at:
c/o DMCA Agent
2 S. Patterson Park Ave.
Baltimore, MD 21231
BHC shall not incur any liability for not performing the Cleaning Services or any other act or fulfilling any obligation hereunder by reason of any occurrence beyond its control (including, but not limited to, any provision of any present or future law or regulation or any act of any governmental authority, any act of God or war or terrorism, or the unavailability of any electronic communication facility), it being understood that BHC shall use commercially reasonable efforts to resume performance as soon as reasonably practicable under the circumstances.
In the event any provision (or any part of any provision) contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision (or remaining part of the affected provision) of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision (or part thereof) had never been contained herein, but only to the extent such provision (or part thereof) is invalid, illegal, or unenforceable.
BHC’s failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement.
BHC may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of BHC.
This Agreement does not create any agency, employment, partnership or joint venture between the parties.
Paragraph headings and titles contained herein are intended for convenience and reference only and are not intended to define, limit or describe the scope or intent of any provision herein.
We may change or modify this Agreement from time to time simply by posting a revised version of same on the BHC Platform. Any changes or modifications to an existing Customer Agreement require a written agreement between the parties.
Print this Agreement
You acknowledge that you have read this Agreement and have had an opportunity to consult with an attorney. For record keeping purposes, BHC encourages you to print this Agreement and the ancillary documents described herein.
You agree that this Agreement, combined with your act of using the BHC Platform have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this Agreement.