TERMS & CONDITIONS
By using the website http://www.castleislandcleaning.com, you agree to these terms and conditions. Your use of this website is governed by an Agreement to arbitrate disputes. You agree to submit all disputes concerning this Agreement, your use of this website, and any products or services you purchase through the website to confidential, binding individual arbitration, and you agree to give up your right to represent other persons in a class action or similar proceeding.
Please read these Terms and Conditions (“Terms and Conditions”) carefully before using the http://www.castleislandcleaning.com (the “website”) and its services (“service”) operated by Castle Island Cleaning, LLC (our “Company” or “CIC”), as these terms are binding and enforceable.
The CIC website, all related internet websites and applications, and the various content, features, and services offered on and in connection with these websites and applications are owned and operated by CIC and can only be accessed and used by you under the Terms and Conditions described below.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the website and service.
PLEASE READ THESE TERMS CAREFULLY. By accessing or using the service you agree to be bound by these Terms and Conditions. If you disagree with any part of the terms, then you may not/should not access or use this website and service.
Modifications of Terms
CIC may, in its sole discretion, modify these Terms and Conditions at any time effective upon posting the modified Terms and Conditions on and in connection with the website and services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the website and services to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the website and services and to provide CIC notice to remove you from any communication list that are available to you through your use of the Website and the Services. YOUR CONTINUED USE OF THE WEBSITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS.
Conduct
As a condition of your access and use of the website, you agree not to use the website for any purpose that is unlawful or prohibited by these Terms and Conditions, or any other purpose not reasonably intended by CIC. By way of example, and not as a limitation, you agree not to:
1. Intentionally or unintentionally violate these Terms and Conditions, other applicable agreement(s) with CIC, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
Use the website or services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any content or written material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
Use the website, or any content on the website for any purposes not authorized by these Terms and Conditions, including, but not limited, to commercial, political, or religious purposes;
Reproduce, duplicate, copy, modify, sell, re-sell or exploit any content on the website for any commercial, educational, or any other purpose, without the express written consent of CIC, which consent may be withheld by CIC in our sole discretion;
Interfere or attempt to interfere with the proper working of the website or any activities conducted on the Website;
Knowingly provide or submit false or misleading information;
Attempt to gain unauthorized access to the website;
Use the website in any way that could interfere with the rights of CIC;
Attempt to gain unauthorized access to any portion or feature of the website or to any server used by CIC by hacking, password ‘mining,’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from the website;
Transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancel bots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the website or the company’s server;
Access, download, monitor, or copy any information contained on our website through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any content, materials, documents or information through any means not purposely made available through the website; or
Probe, scan or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on or of the Website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information on any other user of the Website in any way where the purpose is to reveal any information other than your own information.
Purchases
If you wish to purchase any product or service made available on this website or offered by CIC (“Purchase”), you may be asked to supply certain information relevant to your purchase including, without limitation, your address and credit card information and billing information.
Subscriptions
Some parts of the service are billed on a subscription basis (“subscription(s)”). For those parts of CIC’s service(s), you will be billed on a recurring basis at the time of the cleaning in accordance of the provision of that Service using the credit card you have provided.
Conditions
If there are any additional or special cleaning services that you would like for CIC to perform you agree to notify CIC no less than 48 hours prior to the date of any cleaning service. Any such additional or special cleaning services will be subject to the terms of CIC’s service list and policies. Minimum hours and fees may be adjusted based on the requested changes and additional services provided.
Payment and Refund Policy
Payment for all residential cleaning services must be made in full prior to the commencement of service. Payment may only be made by credit card. If for any reason, payment is not made in advance, you agree to pay CIC a late fee equal to ten percent (10%) of the total amount due and unpaid, and you agree to pay and/or reimburse CIC for any and all costs and expenses (including reasonable legal fees) incurred by CIC in attempting to collect such amounts.
Customer Satisfaction
Advance payment of services will be refunded so long as you comply with the CIC cancellation policy set forth below. You must clearly state your service specifications to CIC prior to any service date, as set forth in the Terms and Conditions above. You take sole responsibility for reviewing the services performed after such S=services have been rendered and completed. CIC will, if necessary, provide return visits within 24-48 hours of the originally completed service in order to resolve any disputes or complaints. A list of tasks must be agreed upon prior to the return visit and cannot be altered thereafter. To ensure your satisfaction, CIC regularly schedules quality assurance checks on at least a quarterly basis.
Cancellation Policy
You must notify CIC of any proposed service cancellation at least forty-eight (48) hours before any scheduled service. Cancellations made less than twenty-four (24) hours prior to any scheduled service will result in a $150 fee.
Minimum Services
CIC requires a four (4) hour minimum for all initial cleanings and a two (2) hour minimum for subsequent cleaning services. The minimum hours per service applies to each respective cleaning professional or employee – regardless of whether you release any of our cleaning professionals prior to the scheduled completion time. If you have not used the service in over four (4) months the initial four (4) hour minimum rate will apply.
Personnel/Non-solicitation
YOU AGREE THAT, WHILE CIC IS PROVIDING SERVICES TO YOU, AND FOR A PERIOD OF ONE (1) YEAR AFTER CIC CEASES PROVIDING SERVICES TO YOU OR YOUR RESIDENCE, YOU WILL NOT TO, DIRECTLY OR INDIRECTLY, SOLICIT, HIRE, DIVERT, CURTAIL, OR TAKE AWAY ANY EMPLOYEE, OR ATTEMPT TO SOLICIT, HIRE, DIVERT, CURTAIL, OR TAKE AWAY FROM CIC ANY EMPLOYEE, OR OFFER EMPLOYMENT OR ANY CONSULTING ARRANGEMENT TO ANY PERSON WHO IS OR WAS AT ANY TIME DURING SUCH PERIOD EMPLOYED BY, ASSOCIATED WITH, OR A CONSULTANT TO CIC. ANY SUCH SOLICITATION, HIRING, CURTAILMENT, OR DIVERSION WILL BE DEEMED A DIRECT AND INTENTIONAL VIOLATION OF THIS AGREEMENT, AND THEREFORE, AT CIC’S ELECTION, CIC MAY (I) TERMINATE ANY FURTHER OBLIGATIONS TO YOU AND (II) TERMINATE THIS AGREEMENT. FURTHER, IF YOU BREACH THIS NON-SOLICITATION PROVISION, YOU AGREE TO PAY TO CIC A LIQUIDATED DAMAGE OF $15,000 WITH RESPECT TO EACH SUCH INDIVIDUAL THAT YOU SOLICIT IN VIOLATION HEREOF, AS CIC WILL HAVE LOST UNNECESSARILY HAVE LOST BUSINESS AND WILL NEED TO REPLACE SAID EMPLOYEE OR CONSULTANT.
Limitation of Liability
You agree to notify CIC in writing within forty-eight (48) hours of any cleaning service if you believe any items are lost or damaged during the performance of those services. Additionally, you must notify CIC in writing in advance of any cleaning services if any household items or fixtures are broken or fragile, and CIC will not be responsible for any loss or damage to such items in connection with its providing cleaning services unless CIC is so notified. If you request that CIC clean window blinds, CIC will not be responsible for any damage or loss if such blinds are damaged in the cleaning process. If you request that cleaning specialists use any particular product or cleaning device or tool, CIC will not be responsible for any damage that such product or cleaning device or tool many cause.
CIC also disclaims any liability for any cleaning products that it uses, including, but not limited to unintended allergic reactions. If you have any allergies or health issues with any products or substances, then you must disclose said allergies prior to the service being rendered by CIC. You, the customer, is solely responsible for requesting and reviewing the products used to clean the premises with a CIC professional or employee prior to the services being rendered by CIC.
In no event will CIC be responsible to you for any indirect, incidental, consequential, exemplary, special or punitive damages, including loss of use, in connection with, or related to the performance of this Agreement or any service hereunder.
Delays and Accessibility
The Websites may be subject to limitations, delays, failure, and other problems inherent in the use of the internet and electronic communications. CIC is not responsible for any delays, failures or other damage resulting from such problems.
Trademarks and Copyrights
CIC and the graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of CIC. These trademarks and trade dress may not be used, including, but not limited, as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
Client Certifications
By approving this form, you understand and agree to the following:
1. You have read the CIC general service menu or have submitted a customized list of duties you would like completed during your service;
You have read and agree to CIC’s Payment and Refund Policy and CIC’s Cancellation Policy;
You have identified to CIC any fragile or broken items;
You have agreed to allow CIC to use its own cleaning products. You will not request that CIC cleaning professionals use chemical based products. CIC will only use environmentally friendly supplies (vegetable base, aromatherapy/essential oils products);
Upon arrival at your home or business, CIC may need to increase the number of hours needed to complete your cleaning. If you have inadequately described or underestimated the square footage, number of floors, etc., CIC may not be able to extend service to accommodate any change in scope. CIC’s cleaning professionals’ schedules are booked based on client’s description of the job, and extending service beyond the minimum number of hours might not always be possible. As a result, it is important to be as accurate as possible; and
You understand and agree to CIC’s Personnel & Non-Solicitation Policy and the liquidated damages as outlined above.
Warranties and Disclaimers
You access and use the website at your own risk. The website is provided on an “as is, as available” basis without warranty of any kind and any and all warranties of merchantability or fitness for a particular purpose or non-infringement are specifically disclaimed.
Any material accessed, downloaded, or otherwise obtained through the use of the website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from greenhouse or through or from the website shall create any warranty not expressly stated in the terms.
CIC shall use reasonable efforts to protect information submitted by you in connection with the services, but you acknowledge and agree that your submission of such information is at your sole risk, and greenhouse hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
Arbitration/Governing Law/Choice of Venue
These Terms and Conditions and the relationship between you and CIC will be governed by the laws of the State of Massachusetts, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction State of Massachusetts and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in Massachusetts, except that CIC may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found.
You further agree to arbitrate any dispute with CIC. The customer and CIC shall engage an arbitrator within a radius of 25 miles of Boston, Massachusetts and each party shall initially pay half (50%) of the arbitrator’s fee. The arbitrator shall have the discretion to impose on to one party a greater or lesser portion of his or her fee should it find that one party unreasonably acted or brought forth their dispute frivolously. For all non-payment matters, CIC shall be awarded its attorney’s fees and costs, and the arbitrator shall have no discretion to waive the same.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the website, CIC’s services, or these Terms and Conditions shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
Acknowledgments
You acknowledge and confirm that you have read and approve of the above Terms and Conditions. You further confirm your Agreement to comply with each applicable item in these Terms and Conditions.