Effective January 2, 2026 · Last updated January 2, 2026
These Terms of Service (the "Terms," "Agreement," or "Contract") constitute a legally binding agreement governing all cleaning, carpet, upholstery, and related services (collectively, the "Services") provided by or arranged through Art's Cleaning Services, LLC, a California limited liability company, together with its owners, members, managers, officers, directors, employees, representatives, affiliates, parents, subsidiaries, divisions, brands, predecessors, successors, and assigns (collectively, the "Company," "we," "us," or "our"), to you, the person or entity that requests, books, schedules, receives, authorizes, or pays for the Services (the "Client," "Customer," "you," or "your").
This Agreement also applies to, governs, and is incorporated by reference into any Services previously requested, scheduled, performed, invoiced, or paid under any current, former, affiliated, related, or predecessor entity, brand, or trade name of the Company, including without limitation A Plus Services and any entity through which the Company billed or collected for cleaning services in 2024, 2025, or earlier, to the same extent and with the same force as if such Services had been provided directly under Art's Cleaning Services, LLC.
PLEASE READ THESE TERMS CAREFULLY AND IN THEIR ENTIRETY BEFORE BOOKING OR ACCEPTING SERVICES.
THESE TERMS CONTAIN, AMONG OTHER THINGS: (A) A BINDING INDIVIDUAL ARBITRATION PROVISION; (B) A CLASS-ACTION, COLLECTIVE-ACTION, AND REPRESENTATIVE-ACTION WAIVER; (C) A JURY-TRIAL WAIVER; (D) BROAD DISCLAIMERS OF WARRANTIES; (E) SIGNIFICANT LIMITATIONS AND CAPS ON OUR LIABILITY; (F) AN ASSUMPTION OF RISK AND RELEASE; (G) A BROAD, PERPETUAL, AND IRREVOCABLE GRANT OF PHOTOGRAPHY AND CONTENT RIGHTS; (H) INDEMNIFICATION OBLIGATIONS; AND (I) A SHORTENED TIME PERIOD WITHIN WHICH CLAIMS MUST BE BROUGHT. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
By booking, requesting, scheduling, confirming, accepting, paying for, or otherwise using the Services—whether confirmed orally, in writing, electronically, online, through our website, by email, by text message, by telephone, through a third-party booking platform, or by permitting our personnel to enter the Premises or begin work—you represent that you have read, understood, and agree to be legally bound by every provision of this Agreement, and that you have the authority to bind yourself and any household member, occupant, owner, or entity on whose behalf the Services are requested.
1.1. This Agreement is entered into between the Company and the Client and takes effect on the earliest of: (a) the date you book or request the Services; (b) the date you accept any estimate, quote, or proposal; (c) the date you make any payment or authorize any payment method; or (d) the date our personnel arrive at or begin work at the Premises.
1.2. Your continued use of the Services after any modification of these Terms constitutes your acceptance of the modified Terms. If you do not agree to these Terms, you must not book, accept, or use the Services.
1.3. These Terms apply in addition to any written estimate, booking confirmation, work order, recurring-service schedule, our Privacy Policy, our SMS Terms, and our Website Terms of Use, each of which is incorporated herein by reference. In the event of a conflict, the order of precedence set out in Section 52 applies.
For purposes of this Agreement, the following capitalized terms have the meanings set forth below; other capitalized terms are defined throughout:
2.1. "Add-On Services" means optional or supplemental services requested in addition to a standard cleaning, such as interior oven cleaning, interior refrigerator cleaning, interior window cleaning, wall washing, laundry, or similar tasks.
2.2. "Claim" means any claim, demand, dispute, controversy, action, cause of action, or proceeding of any kind, whether based in contract, tort, statute, regulation, equity, or otherwise.
2.3. "Contractor" means any independent cleaning professional, sole proprietor, business entity, subcontractor, crew, or individual engaged, referred, or scheduled by the Company to perform all or part of the Services.
2.4. "Estimate" or "Quote" means any non-binding estimate, quote, proposal, or price range provided by the Company, whether oral, written, or generated online.
2.5. "Fees" means all amounts payable by the Client under this Agreement, including charges for Services, Add-On Services, surcharges, deposits, late fees, cancellation fees, lockout fees, no-show fees, collection costs, and any other amounts described herein.
2.6. "Premises" means the property, residence, unit, suite, building, structure, grounds, or location where the Services are performed or to which the Company is provided access.
2.7. "Recurring Services" means Services scheduled on a repeating basis (for example, weekly, bi-weekly, every three weeks, or monthly).
2.8. "Services" means all cleaning and related services provided or arranged by the Company, including standard/maintenance cleaning, deep cleaning, move-in/move-out cleaning, post-construction cleaning, recurring cleaning, carpet cleaning, upholstery cleaning, and all Add-On Services.
2.9. "Work Content" has the meaning given in Section 29.
3.1. The Company is the service provider that contracts with the Client to arrange, coordinate, and deliver the Services. The Services may be performed in whole or in part by independent Contractors engaged by the Company.
3.2. Each Contractor is an independent contractor and is not an employee, agent, partner, joint venturer, or representative of the Client. Nothing in this Agreement, and nothing in the booking, scheduling, supervision, payment, or performance of the Services, creates or shall be construed to create any employment, agency, partnership, joint-venture, or fiduciary relationship between the Client and any Contractor, or between the Client and the Company.
3.3. The Client shall not direct the manner or means of a Contractor's work, set a Contractor's hours, pay a Contractor directly, withhold taxes for a Contractor, provide a Contractor with employee benefits, or otherwise treat a Contractor as the Client's employee. The Company is solely responsible for its relationship with its Contractors.
3.4. The Client acknowledges that the Company's engagement of independent Contractors does not diminish the Company's status as the Client's service provider, nor does it expand the Company's liability beyond that expressly set forth in this Agreement.
4.1. You must be at least 18 years of age (or an emancipated minor, or acting with the consent of a parent or legal guardian) and legally able to enter into a binding contract to book or accept the Services.
4.2. If you book or accept the Services on behalf of another person, a household, a business, a landlord, a tenant, a property manager, or any other entity, you represent and warrant that you are authorized to do so and to bind that person or entity to this Agreement, and you agree to be jointly and severally liable for all Fees and obligations under this Agreement.
4.3. You represent that you are the owner of the Premises or are otherwise authorized to permit the Company to enter and perform the Services at the Premises, and that you have obtained any consent required from any co-owner, co-occupant, landlord, or association.
5.1. Bookings may be made by telephone, email, text message, our website, or a third-party platform. A booking is not confirmed until the Company accepts it. The Company reserves the right to decline, modify, or cancel any booking in its discretion.
5.2. All Estimates and Quotes are non-binding approximations based on the information you provide and on typical conditions. Actual Fees may differ based on the size, condition, layout, accessibility, contents, level of soil, and scope of the Premises and the Services actually required.
5.3. You are responsible for providing accurate and complete information at the time of booking, including the size and type of the Premises, the number of rooms and bathrooms, the presence of pets, the condition of the Premises, and any special instructions or requirements. Inaccurate or incomplete information may result in adjusted Fees, rescheduling, partial performance, or cancellation.
5.4. If, upon arrival or during the Services, the Company determines that the Premises or the scope differs materially from what was represented (including greater size, heavier soil, clutter, hazards, or additional rooms), the Company may, in its discretion: (a) adjust the Fees; (b) modify or limit the scope; (c) reschedule; or (d) decline to perform, in which case applicable cancellation, lockout, or trip charges may apply.
6.1. Fees are based on the Company's then-current pricing and on the scope, size, and condition of the Premises. The Company may apply surcharges for, among other things: excessive soil or clutter; pet hair or pet-related conditions; biohazards or unsanitary conditions; difficult access, stairs, or parking; heavy or specialty work; same-day or rush requests; service outside normal hours; and Premises that materially exceed the represented size or condition.
6.2. The Company may change its pricing at any time. For Recurring Services, the Company may adjust pricing upon reasonable notice (which may be provided electronically), and your continued use of Recurring Services after the effective date of a price change constitutes acceptance.
6.3. All Fees are exclusive of any applicable taxes, which the Client is responsible for paying where required by law.
6.4. Quoted prices assume the Premises are in reasonably maintained condition. First-time, deep, move-in/move-out, and post-construction cleanings are priced separately from standard maintenance cleanings and are not guaranteed to achieve any particular result given the variable condition of such Premises.
7.1. If you enroll in Recurring Services, you authorize the Company to schedule and perform Services on the agreed frequency and to charge the applicable Fees for each occurrence using your payment method on file.
7.2. Recurring Services pricing is generally based on the Premises being maintained between visits. If a visit is skipped, delayed, or extended in interval, the Company may apply additional Fees to account for the increased scope at the next visit.
7.3. You may skip, pause, reschedule, or cancel Recurring Services subject to the cancellation and rescheduling provisions in Section 25. Skipped or delayed visits do not change the applicable per-visit pricing tier unless agreed in writing.
7.4. The Company may modify, suspend, or discontinue any Recurring Services plan, or change its frequency or pricing, upon reasonable notice.
8.1. The Company schedules Services within arrival windows rather than at exact times. Arrival times are estimates and may be affected by traffic, weather, prior appointments, staffing, and other factors. The Company is not liable for delays in arrival or completion.
8.2. The Client is responsible for ensuring that the Company has access to the Premises during the scheduled window. If access is delayed or unavailable, the Company may reduce the scope, reschedule, or treat the appointment as a lockout or no-show under Section 25.
8.3. The Company may reschedule Services due to weather, illness, staffing, safety, force majeure, or operational needs without liability.
9.1. The Company will perform the Services described in your booking, work order, or applicable checklist. Tasks, areas, or items not expressly included are excluded.
9.2. Unless expressly agreed in writing, the Services do not include, among other things: laundry or dishes (beyond agreed scope); cleaning of exterior windows or second-story exterior surfaces; cleaning inside curio cabinets or behind/under heavy furniture or appliances that cannot be safely moved; cleaning of chandeliers or high fixtures beyond safe reach; pest control; mold remediation; biohazard remediation; hoarding cleanup; construction debris removal; pressure washing; or any service requiring specialized licensing the Company does not hold.
9.3. The Company may, in its discretion and based on time and conditions, prioritize tasks and may be unable to complete every requested item within the allotted time. Where time-based or budget-based Services are booked, the Company will use the allotted time productively but does not guarantee completion of all areas or tasks.
10.1. Add-On Services and special requests must be communicated at the time of booking and may be subject to additional Fees and time. The Company may decline any request that is unsafe, outside its scope, or impractical given time or conditions.
10.2. Client-specific instructions (for example, particular products, sequences, or areas of focus) are accommodated where reasonably possible but are not guaranteed and do not expand the Company's warranties or liability.
11.1. Unless otherwise agreed, the Company provides standard cleaning supplies and equipment. The Company may select the products and methods it deems appropriate.
11.2. If the Client requests or provides specific cleaning products, equipment, or instructions, the Client does so at the Client's own risk. The Company disclaims all liability for any damage, injury, reaction, or result arising from the use of Client-provided or Client-requested products, equipment, tools, or methods, and the Client releases and agrees to indemnify the Company for any such claims.
11.3. The Client is responsible for ensuring that any product or surface the Client requests be cleaned is suitable for cleaning and compatible with the requested products. The Company does not guarantee compatibility, colorfastness, or results.
12.1. For the health, safety, and well-being of our Contractors and staff, and as a condition of the Services, the Company does not perform, and reserves the right to refuse, the following:
(a) climbing or working at heights beyond what is safely reachable from a standard three-step ladder;
(b) lifting, moving, or relocating heavy furniture, appliances, or objects, generally meaning items that require more than one person to move safely or that pose a risk of injury or damage;
(c) cleaning, handling, or removing biohazards, including human or animal waste, urine, feces, vomit, blood, bodily fluids, needles, or similar materials;
(d) cleaning areas infested with insects, rodents, vermin, or other pests;
(e) cleaning, treating, or remediating mold, mildew (beyond routine surface cleaning), asbestos, lead, or other hazardous materials;
(f) handling, cleaning around, or moving firearms, ammunition, weapons, illegal drugs, drug paraphernalia, large amounts of cash, fine jewelry, or other dangerous, illegal, or high-value items;
(g) cleaning Premises with hazardous structural conditions, exposed wiring, gas leaks, sewage, flooding, fire damage, or similar dangers; and
(h) any task that, in the reasonable judgment of the Company or a Contractor, may jeopardize health, safety, or property.
12.2. The Company may decline, pause, limit, or terminate the Services, in whole or in part and without refund of Fees owed for work performed or reserved, due to any of the foregoing conditions or due to any unsafe, hostile, abusive, intoxicated, harassing, discriminatory, or threatening conduct directed at our Contractors or staff. The Company has a zero-tolerance policy for harassment, abuse, and discrimination against its personnel.
13.1. The Client is responsible for providing safe, lawful, and timely access to the Premises. Access arrangements may include the Client being present, providing keys, providing garage/gate/lockbox codes, providing alarm codes, or arranging entry through a building, concierge, or management.
13.2. If the Client provides keys, garage codes, gate codes, lockbox codes, alarm codes, or other access credentials, the Client authorizes the Company to use them to perform the Services and to store and handle such information as described in the Privacy Policy. The Client is responsible for disarming or providing accurate instructions for any alarm or security system, and the Client is responsible for any false-alarm charges, monitoring fees, or law-enforcement fees not caused by the Company's gross negligence.
13.3. To the maximum extent permitted by law, the Company's liability for the loss of, or failure to return, any key or access credential is limited to the cost of a standard re-key or replacement of the affected lock(s), and the Company is not liable for any consequential or other damages relating to keys or access credentials.
13.4. If the Company cannot gain access at the scheduled time for reasons not caused by the Company, the appointment may be treated as a lockout or no-show under Section 25.
14.1. To allow for effective Services, the Client should ensure the Premises are reasonably prepared, including by picking up clutter, securing loose items, and providing access to the areas to be cleaned. The Company may, in its discretion, charge additional Fees or reduce scope where the Premises are not reasonably prepared.
14.2. The Client is solely responsible for securing, removing, or safeguarding, prior to each appointment, all cash, jewelry, watches, firearms, collectibles, antiques, heirlooms, artwork, electronics, fragile items, irreplaceable items, sensitive documents, and any other items of high monetary or sentimental value, and any items the Client does not wish to be handled, moved, cleaned, or captured in images. The Company is not responsible for any such items that are not disclosed in writing in advance and individually valued over $200.
14.3. The Client represents that the Premises are free of known hazards not disclosed to the Company and that any condition requiring special care (including unsealed surfaces, delicate finishes, antique materials, or items requiring particular products) has been disclosed in writing before the appointment.
15.1. The Client must disclose all pets and animals at the Premises at the time of booking. For the safety of our Contractors and your pets, the Client should secure or restrain pets during the Services.
15.2. The Company is not responsible for the health, safety, behavior, escape, or well-being of any pet or animal, and the Client assumes all risk relating to pets and animals during the Services. The Client is responsible for any injury, damage, or claim caused by the Client's pet or animal, and the Client agrees to indemnify the Company for any such claim.
15.3. The Company may decline or stop Services if a pet or animal poses a risk to our personnel, and applicable cancellation or trip charges may apply.
16.1. For safety, the Client should ensure that children and other occupants remain clear of areas being cleaned and away from equipment, cords, products, and wet surfaces.
16.2. The Company is not responsible for supervising children or occupants, and the Client assumes all risk relating to the presence of children and occupants during the Services. The Client is responsible for injuries, damage, or claims arising from the conduct of household members, occupants, guests, or invitees.
17.1. The Company may, in its discretion, refuse to perform, limit, or stop Services at Premises that are excessively cluttered, unsanitary, hazardous, infested, biohazardous, or in a "hoarder" condition.
17.2. Where the Company elects to perform Services at such Premises, the Client acknowledges that the result will not be comparable to a standard cleaning, that additional Fees and surcharges may apply, and that the Company assumes no liability for results, exposure, or conditions. The Company may document such conditions with photographs for internal and operational purposes.
17.3. Such conditions may, in the Company's discretion, be treated as a basis for cancellation, lockout, or trip charges under Section 25.
18.1. The Client must disclose the presence of any audio or video recording or surveillance devices at the Premises. By using audio or video recording devices at the Premises, the Client consents to, and is responsible for compliance with all laws relating to, the recording of the Company's personnel while present at the Premises.
18.2. The Company does not consent to being audio-recorded in any area where its personnel have a reasonable expectation of privacy (such as restrooms or changing areas), and the Company may decline or stop Services where recording is conducted in a manner that is unlawful, harassing, or that compromises the privacy or safety of its personnel.
19.1. The Client acknowledges and agrees that cleaning may reveal, highlight, or worsen pre-existing conditions, and that many characteristics and outcomes are inherent to the materials involved and are entirely outside the Company's control. Payment for the Services is due regardless of the following outcomes, and the Company disclaims all liability for them:
(a) Permanent stains. Certain stains—including but not limited to rust, dye, ink, coffee, tea, wine, liquor, cosmetics, lipstick, nail polish, urine, feces, vomit, and pet accidents—are often permanent, may not be removable by any method, and may become more visible after cleaning.
(b) Carpet and rug characteristics. Carpets and rugs have permanent characteristics such as fluffing, blooming, pile shading, pile reversal, watermarking, lane/traffic gray, matting, crushing, wear lines, sprouting, and snags or fraying—including snags caused by industry-standard vacuums (whose settings cannot always be adjusted) or by the moving of furniture—which may be highlighted by cleaning and cannot be corrected.
(c) Fabric, leather, vinyl, and upholstery. These materials may fade, bleed, migrate dye, shrink, pucker, stiffen, soften, watermark, or discolor, even with spot-testing and reasonable care.
(d) Backings, linings, adhesives, padding, and seams. These may delaminate, shrink, buckle, separate, ripple, or fail unpredictably during or after cleaning, particularly in older, worn, or low-quality materials.
(e) Blinds, shades, and window treatments. These become brittle and may break, bend, or fail with normal cleaning due to age, sun exposure, and wear; strings and cords weaken over time.
(f) Improperly or insecurely mounted items. Pictures, mirrors, shelves, fixtures, hooks, and décor that are not securely or properly attached may fall, loosen, or break when cleaned or dusted.
(g) Woodwork, unsealed and specialty surfaces. Wood, unsealed surfaces, stone, antiques, and specialty finishes may react to cleaning, water, or products. The Client must disclose, in writing in advance, any item requiring special care or particular products.
(h) Pre-existing wear, age, and condition. Shrinkage, deterioration, fading from age or light, brittleness, and poor or worn condition of materials are outside the Company's control.
19.2. The Company may, but is not obligated to, decline to clean any item it reasonably believes is at elevated risk of damage, or may clean such item only after the Client accepts the risk in writing.
20.1. If you are not satisfied with the quality of a cleaning, you must notify the Company within twenty-four (24) hours of completion, with specific details, and allow the Company a reasonable opportunity to return and re-clean the affected areas during normal business hours.
20.2. A re-clean of the affected areas is your sole and exclusive remedy for dissatisfaction with the quality of the Services. The Company does not provide cash refunds for completed Services, and a re-clean does not entitle you to any refund, credit, or reduction in Fees. Failure to provide timely notice or to allow a re-clean waives any quality-related claim.
21.1. The Company exercises reasonable care in performing the Services. If you believe a Contractor caused damage to your property, you must notify the Company in writing within forty-eight (48) hours of the relevant appointment, providing photographs, a detailed description, and reasonable access for inspection, so that the Company has the opportunity to investigate and reasonably resolve the matter. Failure to provide timely written notice and reasonable cooperation waives the claim.
21.2. The Company is not responsible for, and the Client accepts the risk of, among other things:
(a) normal wear and tear, and pre-existing damage, defects, or conditions;
(b) damage resulting from improper or insecure installation, construction, assembly, mounting, or repair of any item;
(c) the inherent material limitations described in Section 19;
(d) artwork, collectibles, antiques, heirlooms, electronics, jewelry, or other items of high monetary or sentimental value (individually valued over $200) that were not disclosed in writing before the appointment;
(e) items the Client failed to secure, remove, or disclose under Sections 14, 15, and 19;
(f) damage caused by Client-provided or Client-requested products, equipment, tools, or methods (Section 11); and
(g) indirect, incidental, consequential, special, exemplary, or punitive damages of any kind.
21.3. Any resolution the Company elects to offer is subject to the limitations of liability in Section 39 and is not an admission of liability. The Company reserves the right to repair, replace (with a comparable item), or provide a credit, in its discretion, as a complete resolution of any approved claim, and reserves the right to use its own vendors and to require return of damaged items.
22.1. The Company maintains insurance consistent with its business practices. The existence of insurance is not a warranty or guarantee, does not expand the Company's liability beyond that set forth in this Agreement, and does not make the Company an insurer of the Client's property.
22.2. The Client is responsible for maintaining the Client's own insurance covering the Premises and its contents. The Client's insurance is primary with respect to the Client's property, and the Client waives, and shall cause its insurers to waive, any rights of subrogation against the Company to the maximum extent permitted by law and by the Client's policies.
23.1. Unless otherwise agreed in writing in advance, all Fees are due in full upon completion of the Services. If the Client will not be present, the Client must provide and authorize a valid payment method before the Services begin.
23.2. The Client authorizes the Company to charge the payment method on file for all Fees, including Services, Add-On Services, surcharges, deposits, late fees, cancellation fees, lockout fees, no-show fees, and collection costs.
23.3. Balances not paid when due are subject to a late fee of $20 or 3% of the outstanding balance, whichever is greater, with an additional $20 added every 30 days the balance remains unpaid, to the maximum extent permitted by law.
23.4. The Client is responsible for all costs of collection arising from non-payment, including reasonable attorneys' fees, court costs, and collection-agency fees, to the maximum extent permitted by law.
23.5. The Client is personally responsible for all charges authorized, even if payment through a third party, insurer, landlord, employer, or other source is later declined, reversed, charged back, or unpaid. Initiating a chargeback or payment dispute for Services performed substantially in accordance with this Agreement is a breach of this Agreement, and the Client agrees to reimburse the Company for any chargeback fees and related costs.
23.6. The Company may suspend, cancel, or refuse current or future Services while any balance is outstanding, and may apply payments to the oldest outstanding balance first.
24.1. The Company may require a deposit or prepayment to reserve an appointment, particularly for first-time, deep, move-in/move-out, post-construction, or large jobs. Deposits are applied toward the Fees for the reserved Services.
24.2. Deposits are reserved against the Company's scheduling, administrative, and Contractor commitment costs and are non-refundable to the extent of those reasonable costs, including where the Client cancels, reschedules late, or fails to provide access.
24.3. By providing a payment method, the Client authorizes the Company and its payment processors to store and charge that method for Fees as described in this Agreement, on a recurring basis where applicable, until the Client cancels in accordance with these Terms.
25.1. Cancellations and reschedules must be made at least forty-eight (48) hours before the scheduled appointment. Cancellations or reschedules made less than forty-eight (48) hours before a scheduled appointment are subject to a fee of $100, which the Client agrees is a reasonable pre-estimate of the Company's lost scheduling, administrative, and Contractor costs and not a penalty.
25.2. If the Company's personnel arrive and cannot access the Premises, are turned away, are unable to perform due to conditions not caused by the Company (including lockout, unavailable utilities, unsafe conditions, undisclosed pets, or undisclosed hazards), or the Client is not present when presence is required, the full quoted price for that appointment remains due (or, at the Company's discretion, a lockout/trip charge of $100).
25.3. Repeated late cancellations, reschedules, or no-shows are a basis for the Company to terminate the Client's Services, including Recurring Services, entirely.
25.4. The Company may cancel or reschedule any appointment due to weather, illness, staffing, safety, force majeure, or operational needs, in which case the Company will use reasonable efforts to reschedule and will not be liable for the cancellation or rescheduling.
26.1. Gift cards and gift certificates sold by the Company may be redeemed for the Services in accordance with these Terms and applicable law.
26.2. Consistent with California law, gift certificates and gift cards sold for value generally do not expire and, where a remaining balance falls below the threshold set by California Civil Code § 1749.5, may be redeemable for cash upon request. Promotional gift cards or certificates distributed without a cash purchase may carry their own terms and expiration dates to the extent permitted by law.
26.3. Gift cards and certificates are not reloadable unless stated, should be treated like cash, and the Company is not responsible for lost or stolen gift cards or certificates except as required by law.
27.1. Promotions, discounts, coupons, and referral credits are subject to their stated terms, are limited to one per Client or household unless stated otherwise, may not be combined unless stated, have no cash value, and may be modified or discontinued at any time.
27.2. First-time and introductory offers apply only to new Clients and to standard Services unless stated, and may exclude deep, move-in/move-out, post-construction, and large jobs. The Company reserves the right to verify eligibility and to decline or revoke any promotion obtained through misrepresentation or abuse.
28.1. Gratuities are optional and are not included in the Fees. Any gratuity provided is intended for, and will be directed to, the Contractor(s) who performed the Services. Gratuities do not create an employment relationship and do not expand the Company's warranties or liability.
29.1. To document its work and for its legitimate business purposes, the Company and its personnel may photograph, film, video record, scan, livestream, and otherwise capture images, audio, and recordings of the Premises—including rooms, spaces, surfaces, flooring, fixtures, and furnishings—and of the condition and results of the Services, before, during, and after the Services (collectively, "Work Content").
29.2. The Client hereby grants the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable (through multiple tiers) license and right to use, host, store, reproduce, copy, edit, modify, adapt, translate, combine with other materials, create derivative works from, publish, post, display, perform, distribute, broadcast, transmit, syndicate, license, monetize, and otherwise exploit the Work Content, in whole or in part, in any and all media, channels, and formats now known or hereafter developed, throughout the universe, for any and all purposes, including without limitation marketing, advertising, promotion, social media, websites, portfolios, before-and-after galleries, case studies, testimonials, training and educational materials, and the development, improvement, and training of artificial-intelligence and machine-learning systems and datasets.
29.3. No notice to, review by, approval from, attribution to, or compensation of the Client is or will be required, and the Company may exercise these rights indefinitely, repeatedly, and without expiration. All Work Content, and all intellectual property rights therein, are and remain the exclusive property of the Company. The Client waives any moral rights and any right to inspect or approve any use of the Work Content.
29.4. Limited privacy carve-out. The Company will not intentionally publish Work Content that clearly and recognizably depicts the face of the Client or any other identifiable individual, or that legibly displays a person's personal identifying information (such as government identification, financial documents, addressed mail, or family photographs), without that individual's separate written consent. This carve-out exists to protect both the Company and the Client from privacy and publicity claims, and it does not limit the Company's rights as to de-identified images of premises, surfaces, flooring, furnishings, and work results. The Client is solely responsible for securing or removing, before each appointment, anything the Client does not wish to be captured.
29.5. To the maximum extent permitted by law, the Client releases, waives, and discharges the Company from any and all Claims arising out of the capture, storage, or use of Work Content consistent with this Section, including Claims for invasion of privacy, right of publicity, misappropriation of likeness, defamation, or emotional distress. This Section survives termination of this Agreement and the completion of the Services.
30.1. By providing your contact information and using the Services, you consent to receive service-related and transactional communications from the Company (including scheduling, confirmations, reminders, follow-ups, billing, and customer-service messages) by telephone call, text message (SMS/MMS), and email, including through automated technology.
30.2. With your separate opt-in where required by law, you also consent to receive marketing and promotional communications. Your consent to receive marketing or autodialed/automated messages is not a condition of purchasing any Services. You may opt out of marketing emails using the unsubscribe link, and out of text messages by replying STOP, as described in our SMS Terms and Privacy Policy. Message and data rates may apply, and message frequency varies.
30.3. The Company's collection, use, and sharing of your information is governed by the Privacy Policy, including disclosures regarding call recording and monitoring.
31.1. You consent to transact business with the Company electronically, to receive communications, notices, agreements, and disclosures electronically, and to the use of electronic signatures and records. Electronic signatures, acceptances, and records have the same legal effect as handwritten signatures and paper records to the maximum extent permitted by the federal E-SIGN Act and applicable state law.
31.2. You may withdraw your consent to electronic transactions by contacting the Company, but doing so may prevent you from using certain Services. You are responsible for maintaining accurate contact information and the ability to access electronic communications.
32.1. The Company will handle the Client's personal information in accordance with its Privacy Policy.
32.2. The Client agrees to keep confidential, and not to disclose to any competitor or third party, the Company's non-public pricing, methods, checklists, processes, Contractor information, and business practices, except as required by law.
33.1. The Client agrees that, during the period of Services and for two (2) years after the last Service, the Client will not, directly or indirectly, solicit, recruit, hire, engage, contract with, or otherwise retain any Contractor introduced to the Client through the Company, for any cleaning or home-related services, outside of the Company.
33.2. The Company invests substantial time and resources in recruiting, screening, training, and managing its Contractors, who represent significant business value. If the Client breaches this Section, the Client agrees to pay the Company a referral and training fee of $5,000 per Contractor as liquidated damages, which the parties agree is a reasonable pre-estimate of the Company's loss and not a penalty. This Section survives termination of this Agreement.
34.1. If you book or interact with the Company through a third-party platform (such as an online marketplace, lead-generation, review, or booking service), your use of that platform is also subject to that platform's terms and policies, for which the Company is not responsible.
34.2. The Company is not responsible for the acts, omissions, content, fees, or policies of any third-party platform, payment processor, or referral source.
35.1. The Company's name, logos, brand elements, trade dress, website content, checklists, training materials, and processes are the Company's intellectual property and are protected by applicable law. The Client receives no license or right to use any of the foregoing except as necessary to receive the Services.
36.1. The Company values honest feedback. The Company requests that, before posting a public review about a problem, you first contact the Company and provide a reasonable opportunity to address your concerns.
36.2. Nothing in this Agreement prohibits, penalizes, restricts, or requires the removal of any truthful review, rating, comment, or commentary about the Company or the Services, and any provision purporting to do so is void and unenforceable, consistent with California Civil Code § 1670.8 and the federal Consumer Review Fairness Act (15 U.S.C. § 45b).
37.1. To the maximum extent permitted by law, the Client agrees to defend, indemnify, and hold harmless the Company and its owners, members, managers, officers, directors, employees, Contractors, affiliates, agents, successors, and assigns (the "Indemnified Parties") from and against any and all Claims, damages, liabilities, losses, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to:
(a) the Client's breach of this Agreement or of any representation or warranty herein;
(b) the Client's negligence, recklessness, or willful misconduct;
(c) the condition of the Premises, or the Client's failure to disclose hazards, valuables, special-care items, recording devices, pets, or occupants;
(d) the use of Client-provided or Client-requested products, equipment, tools, or methods;
(e) any injury, damage, or claim caused by the Client's pets, animals, household members, occupants, guests, or invitees; and
(f) Claims brought by any third party, including household members, occupants, guests, tenants, landlords, associations, neighbors, or insurers, relating to the Services or access to the Premises.
37.2. The Company reserves the right, at the Client's expense, to assume the exclusive defense and control of any matter subject to indemnification, and the Client agrees to cooperate. This Section survives termination of this Agreement.
38.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND THE INDEMNIFIED PARTIES DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE QUALITY, TITLE, AND NON-INFRINGEMENT.
38.2. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT OR GUARANTEE ANY PARTICULAR RESULT, OUTCOME, OR LEVEL OF CLEANLINESS, THE REMOVAL OF ANY STAIN, ODOR, SOIL, OR SUBSTANCE, THE PRESERVATION OR CONDITION OF ANY MATERIAL OR SURFACE, OR THAT THE SERVICES WILL MEET YOUR EXPECTATIONS. RESULTS DEPEND ON NUMEROUS FACTORS OUTSIDE THE COMPANY'S CONTROL, AND USE OF THE SERVICES IS AT THE CLIENT'S RISK.
39.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, DIMINUTION IN VALUE, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS, OR INCONVENIENCE, ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
39.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND THE INDEMNIFIED PARTIES, ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT THE CLIENT ACTUALLY PAID TO THE COMPANY FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED DOLLARS ($100).
39.3. IF ANY PORTION OF THIS SECTION IS HELD UNENFORCEABLE, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND THE INDEMNIFIED PARTIES FOR THE AFFECTED CLAIMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
39.4. THE LIMITATIONS IN THIS SECTION ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
39.5. Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including liability for gross negligence, willful misconduct, fraud, or violation of law. Because some jurisdictions do not allow certain limitations or exclusions, portions of this Section may not apply to you, in which case they apply to the fullest extent permitted by law.
40.1. The Client acknowledges that cleaning services involve inherent risks, including the risks described in Sections 11, 13, 14, 15, 16, 17, 18, 19, and 21. To the maximum extent permitted by law, the Client knowingly and voluntarily assumes all such risks and releases, waives, and discharges the Indemnified Parties from Claims arising out of such risks.
40.2. This release does not apply to, and the Client does not release, liability for gross negligence, willful misconduct, fraud, or violation of law, or any liability that may not be released under applicable law (including California Civil Code § 1668).
41.1. The Company is not responsible or liable for any delay, failure, or inability to perform caused by events beyond its reasonable control, including acts of God, fire, flood, earthquake, storm, extreme weather, epidemic, pandemic, public-health emergency, government order or restriction, war, terrorism, civil unrest, utility or power failure, internet or telecommunications failure, labor dispute or shortage, supply shortage, illness of personnel, or equipment failure. In such events, the Company may reschedule, suspend, or cancel the affected Services without liability or penalty.
42.1. The Company may suspend or terminate the Services, any Recurring Services plan, or this Agreement, in whole or in part, at any time, with or without cause, including for non-payment, breach, unsafe or abusive conditions, or operational reasons.
42.2. The Client may terminate Recurring Services or future Services subject to the cancellation provisions in Section 25. Termination does not relieve the Client of the obligation to pay Fees for Services performed or reserved or amounts otherwise due.
42.3. Sections that by their nature should survive termination—including Sections 3, 14, 19, 21, 23, 29, 32, 33, 35, 36, 37, 38, 39, 40, 43, 44, and 45—survive termination of this Agreement.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A LAWSUIT IN COURT, TO HAVE A JURY TRIAL, AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
43.1. Informal Resolution. Before initiating arbitration, the parties agree to attempt in good faith to resolve any Claim informally for at least thirty (30) days after written notice of the Claim, which must describe the Claim and the relief sought and be sent to the Company at the address in Section 56.
43.2. Agreement to Arbitrate. Except as expressly provided below, any Claim arising out of or relating to the Services, this Agreement, any prior services, or the relationship between the parties (whether based in contract, tort, statute, regulation, equity, or otherwise) will be resolved exclusively by final and binding individual arbitration administered by JAMS in accordance with its applicable rules then in effect, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
43.3. Class, Collective, and Representative Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT SOLELY IN THE PARTIES' INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.
43.4. Jury-Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY.
43.5. Exceptions. This Section does not require arbitration of: (a) Claims that qualify for and are brought in small-claims court on an individual basis; and (b) a request for public injunctive relief to the extent such relief may not be waived under applicable law (consistent with McGill v. Citibank, N.A.), which will be litigated in a court of competent jurisdiction and stayed pending arbitration of all other Claims.
43.6. Arbitration Costs and Location. The Company will pay any arbitration filing or administrative fees that exceed the amount the Client would have paid to file the same Claim in court. The arbitration will take place in Orange County, California, or, at the Client's election, by telephone, by videoconference, or on the basis of written submissions. The arbitrator may award any relief available in an individual action under applicable law and must issue a reasoned written decision.
43.7. Severability and Survival of this Section. If the class, collective, and representative waiver in subsection 43.3 is found unenforceable as to a particular Claim or form of relief, then that Claim or form of relief (and only that Claim or form of relief) will be severed and litigated in a court of competent jurisdiction, and the remaining Claims will proceed in arbitration. If any other portion of this Section is found unenforceable, it will be severed and the remainder of this Section will remain in full force and effect. This Section survives termination of this Agreement.
44.1. To the maximum extent permitted by law, any Claim arising out of or relating to the Services or this Agreement must be filed (in arbitration or, where permitted, in court) within one (1) year after the Claim arose or accrued; otherwise, the Claim is permanently barred and waived.
45.1. This Agreement, and any Claim arising out of or relating to it or the Services, are governed by the laws of the State of California, without regard to its conflict-of-laws rules.
45.2. Subject to Section 43, the exclusive jurisdiction and venue for any permitted court action lies in the state and federal courts located in Orange County, California, and each party irrevocably consents to personal jurisdiction and venue there.
46.1. Notices to the Company must be in writing and sent to the address or email in Section 56. The Company may provide notices to the Client by email, text message, mail, or posting on the website, and such notices are effective when sent or posted. The Client is responsible for keeping contact information current.
47.1. The Client may not assign or transfer this Agreement or any rights or obligations under it without the Company's prior written consent, and any attempted assignment without consent is void. The Company may assign or transfer this Agreement, in whole or in part, without restriction or notice, including in connection with a merger, acquisition, financing, or sale of assets.
48.1. The parties are independent contracting parties. This Agreement does not create any agency, partnership, joint venture, employment, or fiduciary relationship between the Client and the Company.
48.2. Except for the Indemnified Parties (who are intended third-party beneficiaries of the provisions that benefit them), this Agreement does not confer any rights on any third party.
49.1. Each party agrees to comply with all laws applicable to its performance under this Agreement. The Client represents that the Client's request for and use of the Services, and the condition and use of the Premises, comply with applicable laws.
50.1. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, severed, and the remaining provisions will remain in full force and effect.
51.1. No failure or delay by the Company in exercising any right or enforcing any provision is a waiver of that right or provision. Any waiver must be in writing and signed by the Company and applies only to the specific instance and purpose for which it is given.
52.1. This Agreement, together with our Privacy Policy, SMS Terms, Website Terms of Use, and any written estimate, booking confirmation, or work order, constitutes the entire agreement between the parties regarding the Services and supersedes all prior or contemporaneous understandings, representations, and agreements, whether oral, written, or electronic.
52.2. In the event of a conflict among these documents, the following order of precedence applies, from highest to lowest: (a) a signed written agreement expressly stating it controls; (b) these Terms of Service; (c) the SMS Terms and Privacy Policy as to their subject matter; (d) the Website Terms of Use; and (e) any estimate, booking confirmation, or work order.
53.1. Headings are for convenience only and do not affect interpretation. "Including" and "include" mean "including without limitation." Words in the singular include the plural and vice versa. This Agreement will not be construed against the drafter, and the Client waives any rule of construction to that effect.
54.1. This Agreement may be accepted electronically and in counterparts, each of which is deemed an original and all of which together constitute one agreement. Electronic acceptance (including by booking, paying, or permitting work to begin) has the same effect as a signed writing.
55.1. The Company may modify these Terms at any time by posting the revised Terms with an updated "Last Updated" date. Material changes may be communicated by email, text message, or website posting. Your continued use of the Services after the effective date of any modification constitutes acceptance of the modified Terms. No modification proposed by the Client is effective unless agreed by the Company in a writing signed by the Company.
Art's Cleaning Services, LLC
Website: arthomeclean.com
Phone: (949) 536-9790
Email: artscleaningservices@gmail.com
Mailing address: 833 Saint Vincent, Irvine, CA 92618
BY BOOKING, REQUESTING, SCHEDULING, CONFIRMING, ACCEPTING, PAYING FOR, OR OTHERWISE USING THE SERVICES, OR BY PERMITTING THE COMPANY'S PERSONNEL TO ENTER THE PREMISES OR BEGIN WORK, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO BE LEGALLY BOUND BY ALL OF ITS TERMS, INCLUDING THE BINDING ARBITRATION PROVISION, THE CLASS-ACTION AND REPRESENTATIVE WAIVER, THE JURY-TRIAL WAIVER, THE DISCLAIMERS OF WARRANTIES, THE LIMITATIONS AND CAPS ON LIABILITY, THE ASSUMPTION OF RISK AND RELEASE, THE INDEMNIFICATION OBLIGATIONS, AND THE MEDIA AND CONTENT RIGHTS SET FORTH ABOVE.
Questions? Call or text us at (949) 536-9790.