Terms of Service
Last updated: November 20th, 2018
Greetings, from Ana’s Cleaning Services, Inc. (“Ana’s Cleaning Services”). We’re so excited to see that you’ve decided to use our services, including, but not limited to, our booking form featured on our website and all related sites, applications, customer service team, cleaners, and third-party vendors, all of which we will refer to simply as our “Services.”
These Terms of Service are mainly to help you better understand our new-found relationship with you. We understand that it’s not always fun to sift through a a lengthy document filled with legal terms, but please be aware that these Terms form a legally binding contract between you and Ana’s Cleaning Services, so we encourage you to read them carefully.
By using the Services, you state that:
you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations; and
you can form a binding contract with Ana’s Cleaning Services;
you understand that Ana’s Cleaning Services is protected by all relevant trademark and copyright laws. If you are using the Services on behalf of a business or some other entity, you also state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
Ana’s Cleaning Services agrees to provide you with the Services and you agree to pay the quoted price for the Services, unless otherwise agreed to in writing.
B. Cancellation Policy
We reserve the right to assess a $25 cancellation fee to any scheduled service not cancelled by 5PM EST, 1 BUSINESS day before the scheduled service. This applies regardless of whether or not your scheduled service is an initial or recurring cleaning.
Finally, please note that if our Services are provided under a separate written agreement with you, if any part of that agreement conflicts with these Terms, including a separate cancellation policy, that cancellation policy (and not this Section 2(B)) will apply to you.
C. Cleaning Supplies and Equipment
We use and provide predominantly environmentally friendly supplies and all equipment required for cleaning your home/apartment/commercial space. If desired, and expressed in writing, we can use your cleaning supplies or equipment instead of ours.
In addition, Ana’s Cleaning Services requires that you have running water and electricity in order to properly perform our Services.
D. 100% Satisfaction Guarantee
If for any reason you are not satisfied with the quality of the services that we provided, contact us within 24 hours after your scheduled service and we will send a team to go back to your home and make it right.
In addition, the following types of appointments or items are not eligible for our 100% Satisfaction Guarantee:
items not on our scope of work;
any free cleaning services provided;
places not in standard condition (e.g. biohazards, hoarding, etc.);
There is no limit on how many times you can request for us to touch-up any missed areas over the course of your relationship with Ana’s Cleaning Services. That being said, we reserve the right to require additional payment for future cleans and/or void our 100% Satisfaction Guarantee for future cleans if we are asked to return an excessive amount of time for minor or frivolous issues.
Please note that if you request for us to come back out and touch-up your home, any extra Service you wish to add to that touch-up that was not originally included in your initial or standard cleaning service, will not be covered by the 100% satisfaction guarantee and will be subject to extra charges
Our top priority is ensuring the safety of everyone inside your home during your cleaning service, including yourself and our staff. We reserve the right to remove our cleaning crews from your home should the environment be/become unsafe.
By using our Services, you agree to assist in fostering a safe environment by:
accounting for and securing all valuables prior to the start of your cleaning appointment;
notifying us of pets and, if necessary, placing them in designated enclosures that would not threaten our staff or impede our Services;
identifying and informing us of any fragile, or easily damaged items by communicating this to either our cleaning crews or our customer service representatives before your scheduled cleaning service.
removing any biohazards, including, but not limited to, human bodily fluids, animal waste, rodent feces, live/dead insects, and sharp bio-products (needles, IV tubing, etc.);
not requiring or requesting the lifting or moving of furniture or heavy items; and
ensuring construction or renovation work (including touch-ups) has been completed, all contractors have left, and all equipment has been removed – prior to our arrival.
In the event that you don’t comply with this Section 2(D), our 100% Satisfaction Guarantee will be voided, we may direct our staff to leave your location (at the discretion of management), and our Cancellation Policy (explained below) will apply.
Our cleaning staff will conduct themselves with utmost professionalism while in your home. In the unlikely event accidental damage occurs, you’ll need to notify our office within 48 hours of when the appointment is completed either by email (firstname.lastname@example.org) or by phone (919-641-8360), provide us with a photo of the damages, and be available to be contacted. We cannot guarantee reimbursement for damages that do not comply with this paragraph. Further, for potential caulking and grout damages, Ana’s Cleaning Services does not assume responsibility for the restoration of severely worn, stained or mildewed caulking and grout.
Except in emergencies (e.g., a leaking toilet), you must not undertake the repair or replacement of the damage for which you may seek reimbursement.
Ana’s Cleaning Services reserves the right to contract suitable professionals to repair damages, and will make payment arrangements directly with its contractors to settle any damage repair.
G. Pricing, Discounts, and Recurring Services
Ana’s Cleaning Services may change the pricing and discounts of its Services (“Pricing or Discount Change”) in its sole discretion and at any time. Any Pricing or Discount Change will become effective immediately, unless stated otherwise.
Most of the time, Services booked before the time of the Pricing or Discount Change (“Existing Services”) will retain the original pricing as long as no modifications are made to the Existing Services. Any modifications to the Existing Services will void the original pricing of the Existing Services and the price of the Existing Services will be subjected to the Pricing or Discount Change.
In the case that Existing Services are not modified but are nonetheless subject to a Pricing or Discount Change, Ana’s Cleaning Services will send an email advising the client of the Pricing or Discount Change. Failure to receive or save an email announcing the Pricing or Discount Change will not invalidate that Pricing or Discount Change.
Your continued use of the Services after the Pricing or Discount Change comes into effect constitutes your agreement to pay the price modified by the Pricing or Discount Change.
Ana's Cleaning Services provides special, discounted rates for all services scheduled on a regular rotation either every week, every two weeks, or every four weeks. If you skip a service, or reschedule for a later date, a higher rate may apply. If your regular recurring cleaning service exceeds the one month mark (every 4 weeks), then the cleaning service rate will revert back to the initial cleaning service amount, minus any premium add-ons. Afterwards, if you continue receiving regular, recurring services, the price will revert back to your respective rate.
Ana’s Cleaning Services customers are eligible to receive gift certificates for each referral they make that schedules a service, be it one-time, weekly, bi-weekly or monthly. There is no limit to how many gift certificates a customer can earn from this program.
In addition, to qualify for this program, the referred customer (“Friend”) must inform us that they were referred by the customer (“Referring Customer”) at the time that the Friend books their scheduled service. In the future we will provide individual referral codes to our clients. Once these take effect, the Friend must provide the referral code to us for the Referring Customer to receive their gift certificate. Further, the Friend must:
be a new customer;
not be the roommate, spouse, or co-habitant of any existing Ana’s Cleaning Services customer and cannot be part of the same home or household of any existing Ana’s Cleaning Services customer;
not book a clean in the same location as the Referring Customer’s location;
not use the same billing information as the Referring Customer;
not have the same phone number as the Referring Customer; and
not create multiple email addresses, Ana’s Cleaning Services accounts, or any other aliases in order to take advantage of the Referring Customer’s referral code. Further, the Referring Customer must not post their code to a coupon site (e.g., retailmenot or anything similar). If Ana’s Cleaning Services discovers a code on such a site, we may immediately terminate your Refer-a-Friend Program privileges, and void any and all previously accrued credits.
Once the Friend has booked their appointment and received their initial cleaning service, the Referring Customer will receive a gift certificate from Ana’s Cleaning Services during their next scheduled cleaning service. The Referring Customer can also opt to receive their gift certificate electronically through e-mail. Credits are not transferrable and are not redeemable for cash.
Credits and discounts will be removed if any of the conditions above are violated. Continued non-compliance with the Refer-a-Friend program will result in the termination of all future Services.
The value of any discount obtained through the Refer-a-Friend program and its credits are subject to change without prior notice.
3. Data Charges and Mobile Phones
You are responsible for any mobile charges that you incur for using our Services (including our Electronic Services) including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using our Services (including our Electronic Services).
4. Electronic Services and Licenses
Ana’s Cleaning Services grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sub-licensable license to access and use our desktop and mobile website, Facebook page, mobile application, and other related electronic services (“Electronic Services”).
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Electronic Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. You may not use our branding, logos, designs, photographs, videos, or any other materials appearing or used in our Electronic Services, without our written consent.
In short: You may not use the Electronic Services or the content on the Electronic Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.
5. Rights You Grant Us
Our Electronic Services may let you post, send, receive, upload, store content, or provide feedback or suggestions (“Content and Feedback”). When you do that, you retain whatever ownership rights in that Content and Feedback you had to begin with, but just know that you’re giving us a license to use that Content and Feedback too, without compensating you.
6. Third-Party Entities
We have not reviewed all content that may link or refer to our Services and are not responsible for the content generated by third party entities. The inclusion of any reference to Ana’s Cleaning Services by third party entities does not imply endorsement by us. Use of any such content is at your own risk.
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Ana’s Cleaning Services is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
7. Privacy and Security
8. Modifying the Services and Termination
We may add or remove features, products, or functionalities to our Services, or suspend or stop the Services altogether. We may take any of these actions at any time without prior notice.
While we hope you remain a lifelong customer, you can terminate the Services at any time and for any reason by sending us an e-mail, text message or phone call. Our Cancellation Policy will apply to appointments cancelled after 5PM EST the day before any cancelled appointment.
Ana’s Cleaning Services may also terminate the Services it provides you at any time, for any reason, and without prior notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may prevent you from booking further services due to an outstanding balance or prolonged inactivity. We may also remove any recurring pricing discounts, for services that have been postponed or pushed back longer than one month.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Ana’s Cleaning Services, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to your access to or use of the Services and your breach of these Terms.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN ADDITION, WHILE ANA’S CLEANING SERVICES ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY PRICING, TERMS, CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
ANA’S CLEANING SERVICES TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY GREATER THAN REQUIRED BY APPLICABLE LAW.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANA’S CLEANING SERVICES AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) OUR PROVISION OF, FAILURE TO, OR INABILITY TO RENDER, AND YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE, THE SERVICES OR (B) THE UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF ANA’S CLEANING SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Dispute Resolution
A. Small Claims Court
Either you or Ana’s Cleaning Services may bring an individual action in small claims court.
B. Arbitration Generally
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND ANA’S CLEANING SERVICES TO AGREE TO RESOLVE CERTAIN DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
All claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Ana’s Cleaning Services are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
i. Arbitration Rules
The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available at the AAA website (www.adr.org), or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $25,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $25,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
ii. Additional Rules for Non-appearance Arbitration
If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
iii. Arbitration Fees
If you choose to arbitrate with Ana’s Cleaning Services, arbitration fees and arbitrator compensation will be governed by the AAA Rules. If you bring a claim subject to arbitration, are unable to pay all or a portion of your fees, and wish to have all or part of your fees covered by Ana’s Cleaning Services, you must present to Ana’s Cleaning Services a written statement detailing the amount you would have had to pay as filing fees and initial court costs if you had filed your claim in a court of competent jurisdiction, and subject to Ana’s Cleaning Services’ review and approval of the accuracy of such statement, you will only be liable to pay arbitration fees up to the amount set forth in the statement. Ana’s Cleaning Services will pay the remainder of the fees and deposits of arbitration. Notwithstanding the foregoing, each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law.
iv. Authority of the Arbitrator
The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Ana’s Cleaning Services. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Ana’s Cleaning Services.
v. Opt Out
You may opt out of this Section 14(B) agreement to arbitration within 60 days of the first day on which you receive Services from Ana’s Cleaning Services (“Opt Out Period”). If you do so, neither you nor Ana’s Cleaning Services can force the other to arbitrate. To opt out, you must notify Ana’s Cleaning Services in writing within the Opt Out Period. Your notice must include your name and address, and the email address you used to set up services with Ana’s Cleaning Services and an unequivocal statement that you want to opt out of this Section 14(B) agreement to arbitration. You must send your opt-out notice via certified mail to this address: Ana’s Cleaning Services, ATTN: Arbitration Opt-out, P.O Box 71583, Durham North Carolina 27722.
vi. Waiver of Jury Trial in Favor of Arbitration
YOU AND ANA’S CLEANING SERVICES WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Ana’s Cleaning Services are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Ana’s Cleaning Services over whether to vacate or enforce an arbitration award, YOU AND ANA’S CLEANING SERVICES WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
vii. Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 14(J).
viii. Right to Waive
Any rights and limitations set forth in this Section 14(B) may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Section 14(B).
C. Exclusive Venue
To the extent that these Terms allow you or Ana’s Cleaning Services to initiate litigation in a court, both you and Ana’s Cleaning Services agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the State of North Carolina.
13. Choice of Law
The laws of North Carolina, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
If any provision of these Terms is found to be unenforceable, then that provision will be severed from these Terms and will not affect the validity and enforceability of any remaining provisions.
15. Additional Terms for Specific Services
We sometimes need to craft additional terms and conditions (“Additional Terms”) for your specific needs (“Specific Services”). The Additional Terms, in addition to these Terms, will also become part of your agreement with us if you use Specific Services. If any part of the Additional Terms conflicts with these Terms, the Additional Terms will prevail.
Real estate professionals who are using or referring clients to Ana’s Cleaning Services in their professional capacity should contact Ana’s Cleaning Services by email (email@example.com) or by phone (919-641-8360) prior to booking for additional terms.
16. Final Terms; No Third Party Beneficiary, No Waiver; No Assignment; Reservation of Rights
These Terms (together with any Additional Terms) make up the entire agreement between you and Ana’s Cleaning Services, and supersede any prior agreements.
These Terms do not create or confer any third-party beneficiary rights.
If we do not enforce a provision in these Terms, it will not be considered a waiver.
You may not transfer any of your rights or obligations under these Terms without our consent.
We reserve all rights not expressly granted to you.