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KisClean
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Terms of Service

Last Updated: March 1, 2023

Welcome to KisClean. These Terms of Service ("Terms") govern your access to and use of KisClean's website, services, and other offerings (collectively, the "Services"). Please read these Terms carefully, as they constitute a binding legal agreement between you and KisClean.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15, you may not access or use the Services.

1. Definitions

In these Terms, the following definitions apply:

  • "KisClean", "we", "us", or "our" means KisClean, a registered business operating in Canada.
  • "Services" means all services offered by KisClean, including but not limited to residential cleaning, commercial cleaning, deep cleaning, and move in/out cleaning services, as well as our website and other digital platforms.
  • "User", "you", or "your" means any person who accesses or uses our Services.
  • "Content" means text, graphics, images, music, software, audio, video, information, or other materials.

2. Eligibility

You must be at least 18 years of age to access or use our Services. By agreeing to these Terms, you represent and warrant that:

  • You are at least 18 years of age.
  • You have the legal capacity to enter into a binding agreement with KisClean.
  • You will comply with these Terms and all applicable local, provincial, and federal laws, rules, and regulations.

3. Account Registration and Security

To access certain features of our Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. You are solely responsible for safeguarding your account credentials and for all activity that occurs under your account. You agree to notify KisClean immediately if you believe your account has been compromised.

4. Services and Scheduling

KisClean offers professional cleaning services for residential and commercial properties. By scheduling a service with KisClean, you agree to:

  • Provide accurate and complete information regarding the property to be cleaned.
  • Grant KisClean personnel reasonable access to the property at the scheduled time.
  • Ensure the property is in a condition that allows KisClean to perform the requested services safely and effectively.
  • Pay the agreed-upon fee for services rendered.

4.1 Service Scheduling and Cancellations

You may schedule services through our website, by phone, or by email. KisClean requires at least 24 hours' notice for cancellations or rescheduling. Cancellations made with less than 24 hours' notice may be subject to a cancellation fee of up to 50% of the service price. Failure to provide access to the property at the scheduled time without prior notice ("no-show") may result in a charge of up to 100% of the service price.

4.2 Service Guarantees

KisClean strives to provide high-quality cleaning services. If you are not satisfied with the services provided, please notify us within 24 hours of service completion, and we will address your concerns according to our satisfaction guarantee policy. See Section 10 for more details on our guarantee policy.

5. Fees and Payment

By using our fee-based Services, you agree to pay all fees in accordance with the rates and billing terms in effect at the time of service.

5.1 Payment Methods

KisClean accepts various payment methods, including credit/debit cards, electronic funds transfers, and other methods as specified on our website. By providing a payment method, you represent that you are authorized to use the designated payment method and agree to allow KisClean to charge your payment method for the total amount of your purchase, including any applicable taxes and fees.

5.2 Pricing and Quotes

Prices for our Services are subject to change without notice. Quotes provided are valid for 30 days unless otherwise specified. For recurring services, we reserve the right to modify pricing with at least 30 days' notice to you.

5.3 Late Payments

Payments are due upon completion of services unless alternative arrangements have been made in advance. Late payments may be subject to interest charges of 1.5% per month (or the maximum rate permitted by law, if less) on any outstanding balance, plus all expenses of collection.

6. Content and Intellectual Property Rights

KisClean owns all right, title, and interest in and to the Services, including all intellectual property rights therein. Nothing in these Terms grants you a right or license to use any KisClean trademark, logo, or other proprietary information.

6.1 Content You Submit

You may submit Content to our Services, such as reviews, comments, or testimonials. By submitting Content, you grant KisClean a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit that Content in connection with the Services and KisClean's business.

6.2 Content Restrictions

You agree not to submit Content that:

  • Is defamatory, obscene, pornographic, vulgar, or offensive
  • Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
  • Is violent or threatening or promotes violence or actions that are threatening to any other person
  • Infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party

7. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable law, rule, or regulation
  • Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity
  • Interfering with or disrupting the Services or servers or networks connected to the Services
  • Using the Services to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature
  • Using automated systems, including "robots," "spiders," "offline readers," etc., to access the Services
  • Attempting to circumvent any security measures implemented by KisClean

8. Privacy

Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you.

9. Modification of Terms

KisClean reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on our website and update the "Last Updated" date at the top of these Terms. Your continued use of the Services following the posting of the revised Terms constitutes your acceptance of the changes.

10. Service Guarantee and Limitations

KisClean provides a satisfaction guarantee for our cleaning services. If you are not completely satisfied with the quality of our service, we will re-clean the areas of concern at no additional cost if you notify us within 24 hours of service completion.

10.1 Limitations of Guarantee

Our service guarantee is subject to the following limitations:

  • The guarantee applies only to cleaning issues and not to damage complaints.
  • The guarantee does not cover pre-existing damage, stains, or wear that could not be reasonably addressed by standard cleaning procedures.
  • The guarantee applies only to services actually performed and areas that were accessible at the time of service.
  • For recurring clients, the guarantee applies to the most recent cleaning only.

11. Limitation of Liability

To the maximum extent permitted by applicable law, KisClean and its officers, employees, agents, partners, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, or goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

12. Indemnification

You agree to defend, indemnify, and hold harmless KisClean and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

13. Term and Termination

These Terms will remain in full force and effect while you use the Services. KisClean may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

14. Governing Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law provisions. The courts in some countries or jurisdictions will not apply Canadian law to some types of disputes. If you reside in one of those countries or jurisdictions, the laws of your country or jurisdiction of residence will apply to any dispute.

15. Dispute Resolution

Any dispute arising from or relating to these Terms or the Services shall first be resolved through good-faith negotiations between the parties. If such negotiations do not resolve the dispute within 30 days, the dispute shall be submitted to binding arbitration in Toronto, Ontario in accordance with the rules of the ADR Institute of Canada. The arbitration shall be conducted by a single arbitrator agreed upon by the parties or, in the absence of such agreement, appointed in accordance with said rules.

16. General Terms

16.1 Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between KisClean and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between KisClean and you regarding the Services.

16.2 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without KisClean's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. KisClean may freely assign or transfer these Terms without restriction.

16.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of KisClean to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

16.4 Force Majeure

KisClean shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government action, power failures, and Internet disturbances.

17. Contact Information

If you have any questions about these Terms, please contact us at:

KisClean
123 Cleaning Ave
Toronto, ON M5V 2K7
Canada
Email: [email protected]
Phone: (416) 555-1234
KisClean

Professional cleaning services across Canada. We make your space shine!

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