Terms of Service

 

This website is owned and operated by Herrera Office Cleaning. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

 

This agreement is for cleaning services between the Client ("Client") and Herrera Office Cleaning (“Provider”).
 

Client’s property (“Property”) will be cleaned by Provider by the following terms.

 

I. Scope of Services:

 

The cleaning service Provider agrees to perform the following general cleaning services:

 

• High-touch surfaces

• Desks, shelves, and flat surfaces

• Restrooms

• Mirrors

• Frames

• Windows*

• Window frames/blinds *

• Empty wastebaskets

• Vacuum carpets

• Mop floors

• Special requests (additional services as per Client's needs subject to additional charges)

 

*Window/window frames/blinds that are easily accessible will be the only ones cleaned to ensure safety and efficiency.

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We may, without prior notice, change the services/prices; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

II. Plan/Subscription Policy

 

Services are available on a month-to-month basis and cannot be accumulated.

 

Each pricing plan is limited to 1 office space and cannot be used for different office locations.

 

If a service is not booked/used within the month, it will not carry over to the following month.

 

You will receive a refund for unused appointments if you choose to cancel your monthly subscription. Refunds may take up to 7 business days.

 

III. Schedule and Access:

 

• Cleaning visits will take place during the time and date the service has been scheduled.

• The Client agrees to provide keys or access codes to the cleaning service Provider to allow entry to the premises during the agreed-upon cleaning schedule.

 

IV. Payment Terms:

 

• When booking cleaning services, the Client must ensure they pay the correct service fee based on the square footage of their office.

• If the service booked does not match the office's size, it will be canceled, and the Client will need to book a new service for the correct square footage.

• A $40 fee may be charged to Clients who book the incorrect service, as the cleaning service Provider must be compensated for their time and resources. Should the wrong package be booked two times, the $40 fee will be charged, and services will not be available to the Client.

• Payment is due upon booking or payment plan selection.

• Any late payments will incur a $40 fee. 

• For your convenience, recurring payments will be automatically charged each month, eliminating the need for manual processing.

• Please be aware that delayed payments may incur late fees and could potentially lead to temporary account suspension.

 

V. Termination:

 

• Either party may terminate the agreement at any time.

• If the agreement is terminated, services will cease to be provided. However, the Client may resume the services upon agreeing to the terms and conditions once more unless the cleaning Provider refuses to offer services.

 

VI. Liability and Insurance:

 

The cleaning service Provider carries liability insurance with coverage up to $1,000,000 for damages to property caused by their employees during the provision of services.

 

VII. Confidentiality:

 

The cleaning service Provider agrees to keep confidential any proprietary or sensitive information they come across during the provision of services, including but not limited to Client data, business operations, and trade secrets.

 

VIII. Dispute Resolution:

 

• Any dispute arising from this agreement will first be attempted to be resolved through good-faith negotiations between the parties.

• If a resolution cannot be reached, the parties agree to pursue mediation as the primary method of dispute resolution.

 

IX. Governing Law:

 

This agreement shall be governed by and construed in accordance with the laws of the state of California, United States.

 

X. Force Majeure:

 

Neither party shall be liable for any failure or delay in the performance of their obligations under this agreement due to circumstances beyond their reasonable control, including but not limited to acts of nature, strikes, wars, power outages, pandemics, or governmental actions.  

 

 XI. Assignment:

 

The Client cannot transfer the rights and responsibilities established to them in this Agreement to anyone else.

 

 

XII. Indemnification Clause:

 

Each party agrees to indemnify and hold harmless the other party, its employees, members, landlord, successors and assigns from any claims, liabilities, losses, damages, and expenses resulting from the indemnifying party's negligence, willful misconduct, or negligent performance or failure to perform its duties or obligations under this Agreement. This indemnification provision solely benefits the parties to this Agreement and does not create or grant any rights, contractual or otherwise, to any other person or entity.

 

XIII. Cancellation Policy:

 

• The Client may cancel the services provided by the cleaning service Provider by providing a written email notice at least 24 hours prior to the scheduled cleaning visit. Failure to provide the required notice may result in a cancellation fee of $40.

 

• The cleaning service Provider reserves the right to cancel or reschedule a cleaning visit due to unforeseen circumstances such as equipment failure, illness, or other events beyond their control. In such cases, the cleaning service Provider will make reasonable efforts to reschedule the visit at a mutually convenient time.

 

• In the event of a recurring cleaning service agreement, the cleaning service Provider may terminate the agreement by providing a written notice. The Client may also terminate the agreement at any time but must provide written notice within 24 hours if a service is scheduled. Failure to do so may result in a $40 cancellation fee.

 

XIV. Acknowledgment of Damages
 

Herrera Office Cleaning (HOC) acknowledges that damages may be reported by both the Client and the Provider. If HOC is found at fault and admits guilt, HOC will make efforts to promptly resolve the situation to the best of its abilities. However, it is important to note that HOC is not responsible for any damages that existed prior to the commencement of its services.

 

Additionally, HOC is not responsible for damages resulting from the Client's failure to inform the cleaners of any special requirements or instructions specific to the office. It is the Client's responsibility to communicate any such requirements to HOC.

 

If an item is reported to be damaged, HOC will investigate to assess the situation and determine the appropriate course of action.

 

XV. Waiver of Contractual Right

 

No Waiver:

The failure or delay by Herrera Office Cleaning (HOC) to exercise any right or remedy provided in this agreement shall not constitute a waiver of that right or remedy unless expressly stated in writing and signed by an authorized representative of HOC.

 

Limited Waiver:

Any waiver granted by HOC shall be limited to the specific provision, right, or remedy explicitly waived and shall not be deemed a continuing waiver or a waiver of any other provision, right, or remedy under this agreement.

 

Written Waiver:

Any waiver by HOC must be in writing and signed by an authorized representative of HOC to be valid and enforceable. A waiver in one instance shall not be construed as a waiver of any other instances or future breaches.

 

Reservation of Rights:

The failure of HOC to enforce any provision of this agreement or to exercise any right or remedy shall not be construed as a waiver of such provision, right, or remedy. HOC reserves the right to exercise its rights and remedies at any time, whether before or after the occurrence of a default or breach, and shall not be limited by any prior course of conduct or dealings.

 

Severability:

If any provision of this waiver of contractual right clause or any other provision of this agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable.

 

XVI. Photo Release Clause:

 

Herrera Office Cleaning (HOC) is granted permission to take photographs of the Client's premises, including the exterior and interior areas, during the course of providing cleaning services. These photographs may be used for marketing and promotional purposes by HOC.

 

By entering into this agreement, the Client agrees that HOC may capture and use these photographs, without any further consent or compensation, to showcase the quality of its cleaning services on its website, social media platforms, marketing materials, and any other promotional mediums.

 

HOC will make reasonable efforts to ensure that any photographs used for marketing purposes do not disclose sensitive or confidential information of the Client.

 

If the Client does not wish for photographs of their premises to be used for marketing purposes, they must provide written notification to HOC prior to the commencement of cleaning services.

 

XVII. COVID-19 Waiver

 

By entering into this agreement for commercial office cleaning services with Herrera Office Cleaning (HOC), the Client acknowledges and agrees to the following COVID-19 waiver:

 

Assumption of Risk:

The Client acknowledges that COVID-19 is a contagious and potentially severe illness. The Client voluntarily assumes all risks associated with potential exposure to COVID-19 during the provision of cleaning services by HOC. The Client understands that HOC cannot guarantee complete protection against the transmission of COVID-19.

 

Compliance with Health Guidelines:

The Client agrees to comply with all applicable health guidelines, regulations, and recommendations issued by local health authorities, government agencies, and any specific requirements communicated by HOC related to COVID-19 safety measures.

 

Client Responsibilities:

The Client is responsible for maintaining a safe and healthy workplace environment for their employees and visitors. This includes implementing appropriate measures such as social distancing, hand hygiene protocols, and any other necessary precautions to prevent the spread of COVID-19.

 

Release and Indemnification:

The Client releases and waives any claims or liabilities against HOC, its employees, officers, and agents, arising from any exposure to or contraction of COVID-19 during the provision of cleaning services. The Client agrees to indemnify and hold HOC harmless from any claims, damages, losses, or expenses, including legal fees, related to COVID-19, arising out of the Client's breach of their responsibilities or failure to comply with applicable health guidelines.

 

Health and Safety Measures:

HOC will make reasonable efforts to adhere to recommended health and safety measures while providing cleaning services. This may include implementing enhanced cleaning protocols and following CDC guidelines. However, the Client acknowledges that HOC cannot guarantee the complete elimination of the risk of COVID-19 transmission.

 

XVIII. Right to Change and Modify Terms

 

We reserve the right to modify these terms at our sole discretion. Therefore, you should review this page periodically. When we materially change the Terms, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

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XIX. Entire Agreement:

 

These terms and conditions constitute the entire agreement between the parties and supersede any previous agreements or understandings, whether written or oral, relating to the subject matter herein.