Shine Up Your Home Cleaning- Terms and Conditions
(Sections 1-21)
These Terms & Conditions ("Terms") govern the provision of all residential cleaning services ("Services") provided by Shine Up Your Home Residential Cleaning Services ("Company," "we," "us," "our"), operated by Shine Up Your Home Residential Cleaning Services to you, the Client ("you," "your").
By scheduling, booking, accepting, or paying for Services from the Company, the Client agrees to be bound by these Terms & Conditions in their entirety.
Shine Up Your Home provides reliable and thorough residential cleaning services, dedicated to creating sparkling and comfortable living spaces. Shine Up Your Home And Let It Shine with Trusted Professionals & Exceptional Service.
1. General Information & Scope of Services
1.1. Office Hours & Contact:
- Office hours are Monday-Saturday,
9:00 AM - 5:00 PM Pacific Time.
- Phone: 250-893-8931
- Email: shineupyourhome@gmail.com
1.2. Services Provided:
The Service Checklist will specify:
- The type of cleaning package (e.g., Regular Maintenance Cleaning, Deep Clean, Move-In/Out).
- A comprehensive breakdown of included cleaning tasks.
- The specific Client address where Services will be performed.
- The agreed-upon frequency, day(s), and estimated arrival time window for the Services.
- Any specific products or methods requested (subject to other clauses herein).
- Any areas explicitly excluded from cleaning.
- Any special handling instructions or requirements agreed upon in writing.
2. Service Details & Limitations
2.1. Service Packages:
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Service packages may include, but are not limited to, Regular Maintenance Cleaning, Deep Clean and Move-In/Move-Out Clean. The specific tasks included in the Client's chosen package will be detailed in the Service Checklist (Schedule 1).
- Move-out cleaning services are subject to a specific checklist, potentially available on our website or provided separately. Please ensure all personal belongings are removed from the property prior to a scheduled move-out cleaning appointment.
2.2. Add-On Services:
- Add-on services (e.g., interior oven cleaning, interior fridge cleaning, interior window washing) may be available at an additional cost, as listed in the Company's current price list or quoted separately. Availability may vary.
2.3. Hourly Service:
- If services are billed on an hourly basis, charges are calculated based on the actual time spent cleaning by the team member(s). We may provide an estimated time required, but the actual duration may vary based on the condition of the home and specific requirements.
2.4. Cleaning Approvals & Special Requests:
- For specific cleaning requests or areas requiring special attention not already detailed in the Service Checklist, please communicate your preferences clearly to the Company before the cleaning appointment begins. These requests may be subject to feasibility assessment and additional charges.
2.5. Quality Assurance & Control:
- We are committed to providing high-quality cleaning services. The Company performs quality checks and takes client feedback seriously (See Section 9: Satisfaction Guarantee) to ensure our services meet professional standards.
2.6. Supplies, Products & Equipment:
- The Company shall furnish and maintain all necessary cleaning equipment, tools, accessories, standard cleaning agents (which may include chemicals such as bleach and ammonia), workwear, and other supplies required to perform the Services safely and effectively according to industry best practices and this Agreement. A general list of standard products used can be provided upon request.
- We are responsible for ensuring our equipment is in proper working order and that our cleaning agents are used safely, following manufacturer instructions and applicable regulations, to prevent damage to the Client's property.
- If the Client requires specific products or equipment (e.g., a particular vacuum, special non-standard cleaners) to be used ("Client-Provided Products"), the Client must provide them at their own expense. The Company is not liable for the performance, condition, or any damage resulting from the use of Client-Provided Products, provided they are used according to the Client's reasonable instructions (See also Section 4.4 and Section 10.5).
2.7. Items We Cannot Clean / Tasks We Do Not Perform:
- Our standard residential cleaning services generally exclude:
- Handling of hazardous materials (e.g., asbestos, toxic mold beyond surface mildew).
- Mold remediation requiring specialized containment or removal (Surface mold/mildew may be addressed if safe, but underlying issues require specialists).
- Biohazard cleanup (e.g., bloodborne pathogens, sewage backup).
- Exterior window cleaning above ground level or requiring ladders beyond a two-step stool.
- Heavy industrial cleaning, post-renovation, or post-construction cleaning (unless specifically agreed upon as a separate service).
- Extensive organization, tidying, or decluttering beyond picking up light clutter to access surfaces (See Section 2.8 and Section 19 Definitions).
- Home repairs or maintenance tasks.
- Laundry services (washing, drying, folding, ironing).
- Cleaning of animal waste outside of incidental pet messes inside the home (See Section 19 Definitions for "Excessive Pet Waste"). Cleaning of litter boxes, pet beds, or pet enclosures is typically excluded unless specifically agreed as an add-on.
- Pest control services. The Company is not responsible for pest infestations discovered during cleaning.
2.8. Clutter & Garbage:
- To allow for the most effective cleaning, the Client is requested to remove excessive clutter (toys, clothes, dishes, paperwork, etc.) from floors, surfaces, and work areas prior to the scheduled appointment.
- We typically do not handle large amounts of garbage removal beyond emptying standard household bins into the Client's designated disposal area/bins.
- The Company may need to charge an additional fee or adjust the scope of work if excessive clutter or garbage significantly impedes the cleaning process (See Section 19 Definitions for "Excessive Clutter").
2.9. Heavy Lifting & Heights:
- For safety reasons, our team members are not authorized to lift or move items exceeding 25 pounds (approx. 11 kg).
- Our team members cannot climb higher than a standard two-step household stool to perform cleaning tasks. Higher areas will not be cleaned unless safely reachable from the floor or the two-step stool.
2.10. Photo/Video Documentation:
- Shine Up Your Home reserves the right to take photographs and/or brief videos of the property (specifically areas relevant to the cleaning service) before and after the service for quality control, documentation, training, and liability purposes. These images/videos will be stored securely and used solely for internal business purposes, respecting client privacy.
2.11. Right to Decline or Discontinue Service:
- The Company reserves the right to decline to start or to discontinue service immediately if the work environment is deemed unsafe or poses a health risk to our team members (e.g., presence of hazards, pests, aggressive animals, biohazards, extreme clutter preventing safe movement).
- We also reserve the right to discontinue service if the Client's conduct towards our team members is deemed inappropriate, disrespectful, harassing, or threatening.
2.12. Seasonal Adjustments:
- The Company reserves the right to make reasonable seasonal adjustments to standard cleaning tasks (e.g., allowing extra time or focus on entryways during wet/muddy seasons), which may be discussed with the client.
2.13. Completion of Service:
- Completion of service is defined as the point at which the cleaning tasks outlined in the agreed-upon Service Checklist (Schedule 1) have been performed to the Company's professional standard, within the constraints noted in these Terms. A final walkthrough may be offered to the Client upon completion, and client presence for this is recommended if possible.
2.14. Normal Wear and Tear:
- Our cleaning services are designed to maintain cleanliness and do not cover the repair or reversal of pre-existing damage or normal wear and tear. This includes, but is not limited to, faded grout, stained caulking, scratched floors/furniture, chipped paint, aged/tarnished fixtures, permanent stains, etc. (See also Section 10.5 Liability Limitation).
3. Our Team & Conduct
3.1. Team Qualifications & Competence:
- The Company represents that it possesses the necessary qualifications, experience, and ability to perform the Services competently.
- Cleaning services are performed by our team members who are trained on our cleaning protocols and safety procedures.
- Team members are insured by the Company.
- Where applicable by law or company policy, team members undergo screening processes which may include federal and provincial criminal record checks, reference checks, and vetting through previous employers prior to hiring.
3.2. Professional Conduct & Confidentiality:
- Our team members are expected to conduct themselves professionally, respectfully, and courteously at all times while on the Client's property.
- Team members will adhere to the Company's Privacy Policy (See Section 12) and treat all information learned about the Client's home and lifestyle with confidentiality. They will not discuss client affairs with others or engage in gossip.
3.3. Non-Solicitation of Staff:
- The Client agrees not to directly or indirectly solicit for employment, hire, or engage as an independent contractor any current or former team member of Shine Up Your Home who has provided services to the Client on behalf of the Company, during the term of service provision and for a period of one (1) year following the termination of services between the Client and the Company.
4. Client Responsibilities
4.1. Preparing the Home for Service:
- The Client shall ensure a safe, accessible, and suitable working environment for the Company's team members on the day of service. This includes providing adequate lighting and maintaining a reasonable temperature (e.g., functional heating/cooling).
- Please minimize distractions to allow the cleaning team to work efficiently and safely.
4.2. Securing Valuables & Fragile Items:
- The Client is solely responsible for securing or removing any valuable, irreplaceable (monetary or sentimental), or fragile items prior to the cleaning appointment. This includes, but is not limited to, cash, jewelry, artwork, antiques, collectibles, and delicate objects.
- The Company shall not be liable for loss of or damage to items that were not reasonably secured or removed by the Client (See Section 10.3 Liability Limitations).
- The Client must inform the Company in writing (e.g., via email or noted on the Service Checklist) prior to the service start time about any specific items valued over $500 that require special care or should not be touched. The Company reserves the right to decline cleaning such items if the risk is deemed too high.
4.3. Notification of Allergies & Sensitivities:
- The Client must inform the Company, prior to the commencement of services, of any known allergies or sensitivities any household member or pet may have to standard cleaning products or scents.
- While the Company will take reasonable precautions if notified, the Company is not liable for any allergic reactions or sensitivities, as individual reactions can vary greatly and occur even with standard products (See also Section 11.2 Safety).
4.4. Client-Provided Products:
- If the Client requires the use of specific cleaning products or equipment ("Client-Provided Products"), the Client must provide these items and clear instructions for their use.
- The Company is not liable for any damage, lack of effectiveness, or negative consequences resulting from the use of Client-Provided Products (See Section 2.6 and Section 10.5 Liability Limitation).
4.5. Water & Electricity:
- The Client is responsible for ensuring that functional running water (hot and cold) and electricity are available at the property throughout the scheduled cleaning appointment. If services cannot be performed due to lack of water or electricity, a Lockout fee may apply (See Section 7.4).
4.6. Management of Pet Waste:
- The Client is responsible for cleaning up and removing excessive pet waste (feces, urine, vomit) prior to the scheduled cleaning appointment. Our team members cannot clean in areas with excessive pet waste due to health and safety concerns (See Section 19 Definitions for "Excessive Pet Waste" and Section 2.7 Exclusions).
4.7. Management of Clutter & Personal Items:
- The Company is not responsible for extensive organizing, tidying, or handling of excessive personal items or clutter. Cleaning will be performed on accessible surfaces only.
- Clients are requested to clear surfaces and floors of excessive clutter to allow for effective cleaning (See Section 2.8 Clutter & Garbage and Section 19 Definitions for "Excessive Clutter").
4.8. General Home Maintenance:
- The Client is responsible for the general maintenance, repair, and upkeep of the home and its fixtures between scheduled cleaning appointments. Our services supplement, but do not replace, regular home maintenance.
4.9. Cancellation & Rescheduling Notice:
- The Client must provide adequate advance notice for any cancellations or rescheduling requests as outlined in Section 7 (Rescheduling, Cancellations & Lockouts).
5. Access to Property
5.1. Providing Access & Instructions:
- The Client shall grant the Company's personnel access to the property at the scheduled service time, within the agreed-upon arrival window.
- The Client must provide clear, accurate, and complete instructions for accessing the property. Acceptable methods may include, but are not limited to: Client being present to grant entry, key handover, hidden key location (at Client's risk), lockbox code, or smart lock code. Providing access instructions constitutes consent for the Company to use them solely for performing the agreed Services.
5.2. Access Device Functionality & Instruction Accuracy:
- If using a lockbox, smart lock, or other access device, the Client is responsible for ensuring the device is in proper working order and providing correct codes and usage instructions.
- The Company is not liable for delays, inability to access the property (potentially resulting in Lockout fees, see Section 7.4), or any damages resulting from faulty access devices or incorrect/incomplete access instructions provided by the Client.
5.3. Securing Property Upon Departure:
- Upon completion of services, the Company's team will make reasonable efforts to secure the property according to the Client's specific written instructions (e.g., locking all designated doors, ensuring windows are closed if requested, returning key to lockbox, arming security system if instructed).
5.4. Client Presence During Cleaning:
- Client presence during cleaning is optional unless specific arrangements necessitate it (e.g., initial walkthrough, specific concerns requiring discussion).
- If the Client plans to be present but is not available to grant access during the agreed arrival window, this may be considered a Lockout (See Section 7.4).
- If the Client is not present, they remain responsible for providing clear instructions regarding access, securing pets/valuables, and outlining any specific needs or off-limits areas.
5.5. Pets & Security Systems:
- For the safety of our team members and your pets, the Client is responsible for ensuring all pets are appropriately secured (e.g., in a crate, closed room, or off-property) during the cleaning appointment.
- The Client must provide the Company with necessary security system codes and clear, accurate instructions for disarming and arming the system if access requires it.
- The Company is not responsible for security system malfunctions, false alarms, or pets escaping the home if they were not properly secured by the Client prior to the team's arrival (See also Section 11.3 Safety & Security).
5.6. Access Restrictions (Off-Limit Areas):
- The Client shall clearly identify and communicate to the Company (preferably in writing or during the initial estimate walkthrough) any specific rooms or areas of the property that are off-limits to the Company's cleaning staff. Team members are instructed to respect these restrictions. Unauthorized access to restricted areas is considered a serious breach of trust.
5.7. Keys and Access Codes Security:
- If the Client provides physical keys or security access codes, the Company will handle them with utmost care and confidentiality, collecting and retaining only information necessary to perform the Services.
- Physical keys are securely stored and marked with non-identifying codes. Access codes are stored securely (e.g., encrypted format) and accessed only by authorized personnel directly involved in servicing the Client's home. Digital copies of keys or access codes will not be stored on unencrypted devices. We maintain a strict key/code management procedure, potentially including logging access.
- Keys and access codes will not be shared with third parties without explicit Client consent, except as strictly required by law.
- Upon termination of ongoing services, the Company will return all Client keys and securely delete/destroy any stored access codes within seven (7) business days, based on the Client's written instruction. Confirmation of return/deletion can be provided upon request.
- The Company's liability for lost or misplaced keys or compromised access codes is limited (See Section 10.7 Liability Limitation and Section 12 Privacy Policy).
5.8. Rescheduling & Access Responsibility:
- If the Client reschedules an appointment according to the procedures in Section 7, the Client remains responsible for ensuring property access is available and functional on the new date and time. Failure to provide access on the rescheduled date may result in applicable fees, such as a Lockout fee (See Section 7.4).
6. Booking & Scheduling Process
6.1. Booking Estimates & Consultations:
- For new recurring services or complex one-time jobs (like deep cleans or move-in/out cleans), booking an estimate typically requires an initial consultation, which may involve an in-person walk-through of the property with the Client or their representative.
- To initiate the estimate process, we generally require your name, service address, contact details (phone/email), desired service type, and preferred date(s)/time(s) for the estimate walk-through. A Company representative will contact you to coordinate the details.
6.2. Scheduling Cleaning Service:
- Following an estimate (if applicable) and mutual agreement on the scope of work (documented in the Service Checklist) and price, we will schedule your cleaning service appointment(s).
- Scheduling is subject to Company capacity and team member availability. While we make every reasonable effort to accommodate your preferred dates and times, we cannot guarantee specific slots.
- Confirming a booking for services signifies the Client's acceptance of these Terms & Conditions.
6.3. Arrival Time Window:
- Due to the unpredictable nature of traffic, weather, and situations at prior appointments, we provide an estimated arrival window (e.g., a 1-hour or 2-hour timeframe, such as "between 9:00 AM and 10:00 AM"). Our team aims to arrive within this window.
- If we anticipate a delay exceeding 30 minutes beyond the start of the scheduled arrival window, we will attempt to contact you via phone or email to provide an updated estimated time of arrival.
6.4. Job Quotations & Scope Changes:
- Service quotations provided (verbally or in writing) are based on the information provided by the Client during the estimate/booking process and the agreed scope of work detailed in the Service Checklist (Schedule 1).
- If the Client requests changes to the scope of work after the initial quotation, or if the condition of the property is significantly different than described or anticipated, the Company may need to revise the quotation or adjust the service time/cost accordingly. Any significant changes will be discussed with the Client prior to proceeding, where feasible.
7. Rescheduling, Cancellations & Lockouts
7.1. Rescheduling by Client:
- We understand plans can change. Rescheduling requests must be made at least 48 hours before the scheduled appointment start time.
- Please contact the Company via phone call AND company email to request rescheduling. All rescheduling is subject to availability in the Company's schedule.
7.2. Late Cancellation and Rescheduling Fees (Charged to Client):
- We allocate time specifically for your service, and late changes impact our schedule and team members. The following fees apply:
- Less than 24 hours but more than 12 hours notice: Cancellation incurs a fee of 50% of the scheduled service price. Alternatively, you may reschedule for a fee of $50.
- Less than 12 hours notice: Cancellation incurs a fee of 100% of the scheduled service price. Alternatively, you may reschedule for a fee of $100.
- These fees compensate for the reserved time slot that cannot easily be filled on short notice.
7.3. How to Cancel or Reschedule:
- All cancellation and rescheduling requests must be communicated directly to Shine Up Your Home via Phone Call AND Company Email using the contact details provided in Section 1.1 and Section 20. Leaving only a voicemail or sending only an email might not be sufficient if not acknowledged by us within the required timeframe.
7.4. Lockout / Inaccessibility / Denied Entry:
- If our cleaning team arrives at the scheduled service time (within the arrival window) and is unable to access your home due to reasons within the Client's control, this will be considered a lockout.
- Reasons include (but are not limited to): being locked out, incorrect access codes/instructions provided, malfunctioning access device not repairable on the spot, Client not being home when scheduled to be present to grant entry, or the team being denied entry for any reason (other than valid safety concerns identified by the team, see Sec 2.11).
- A lockout fee equivalent to 100% of the scheduled service fee will be charged to compensate for the team's travel time and the lost appointment slot.
7.5. Cancellations or Schedule Changes by Shine Up Your Home:
- The Company reserves the right to cancel or reschedule an appointment due to unforeseen or unavoidable circumstances.
- Such circumstances may include (but are not limited to): team member illness or emergency, severe weather conditions making travel unsafe, sudden safety concerns discovered at the property upon arrival, significant discrepancies in the scope of work or property condition compared to what was agreed upon, or sudden significant increases in operational costs making the job unfeasible at the quoted price.
- We will provide the Client with as much advance notice as reasonably possible in such situations and will work with you to reschedule the service at the earliest mutually convenient time without penalty to the Client.
8. Payment Terms & Fees
8.1. Payment Due:
- Payment is due in full upon completion of the cleaning service on the same day the service is rendered, unless alternative arrangements have been explicitly agreed upon in writing in advance (e.g., for corporate clients with established billing cycles).
8.2. Accepted Payment Methods:
- We currently accept payment via Cash and E-transfer.
- Please note: Credit card and debit card payments are not supported at this time.
8.3. Basis of Charges:
- Charges for services will be based on the agreed-upon flat rate quoted for the specific service package (detailed in the Service Checklist), or calculated based on the agreed-upon hourly rate multiplied by the actual time spent by the team member(s) performing the service.
- Additional charges may apply for add-on services requested, or fees incurred as outlined in these Terms (e.g., late cancellation fees, lockout fees, fees for excessive clutter requiring extra time/disposal, or travel surcharges).
8.4. Pricing & Examples:
- Pricing may be provided as a flat rate per service or based on an hourly rate (e.g., currently for our regular maintance cleaning is $50/hour per team member and our bi weekly clean is $55/hour per team member and $65/hour per team member, for Deep Clean and Move/in Move/Out Clean subject to change with notice). Minimum charges per visit may apply.
- Additional fees may apply for properties requiring significantly more work than average due to excessive clutter or unusually difficult stains/buildup.
- A travel surcharge may apply for locations outside a specified service radius (e.g., beyond 10 from our base at View Royal - Island Highway and 6 Mile Road intersection – specific radius and fee to be confirmed during booking).
8.5. Taxes:
8.6. Invoices & Receipts:
- An invoice or receipt detailing the services performed, the total charge, and any applicable taxes can be provided via email upon request after the service is completed and payment is processed.
8.7. Late Payment Fees:
- For outstanding balances not paid on the day of service (unless prior written arrangements exist), a late payment fee of $20.00 per week will be applied.
- This fee begins accruing seven (7) days after the service completion date and continues to accrue weekly until the full outstanding balance (including accumulated late fees) is paid.
8.8. Payment Processing Fees:
- Any direct, third-party fees incurred by the Company specifically related to processing your payment (e.g., non-standard e-transfer fees, wire transfer fees if applicable) may be passed on to the Client. Standard Interac e-transfers typically do not incur fees passed to the client.
8.9. Payment Disputes:
- Any disputes regarding an invoice or charges must be raised with Shine Up Your Home management in writing (email preferred) within 24 hours of receiving the invoice or service completion, whichever is later.
- Please provide specific details regarding the disputed amount or charge. The parties agree to attempt to resolve payment disputes in good faith according to the process outlined in Section 14 (Dispute Resolution).
8.10. Refunds:
- As cleaning is a service rendered, refunds are generally not provided once the service is completed. Issues regarding service quality should be addressed through our Satisfaction Guarantee process (See Section 9.1).
- Any potential refunds are issued solely at the discretion of Shine Up Your Home management.
8.11. Tipping:
- Tipping our team members is entirely optional but always greatly appreciated for excellent service.
- Tips can be given directly to the team member(s) in cash or may be added to your final payment amount (please clearly specify the tip amount if adding to an e-transfer or cash payment for the service).
8.12. Price Adjustments:
- Shine Up Your Home reserves the right to adjust prices for ongoing services due to factors such as unforeseen circumstances discovered during service, significant changes requested or required in the scope of work compared to the initial agreement, or substantial increases in our operational costs (e.g., supplies, fuel, insurance, wages).
- We will notify you in advance (typically before the next scheduled service) of any necessary price adjustments for ongoing service agreements whenever reasonably possible.
9. Satisfaction Guarantee & Complaint Resolution
9.1. Client Inspection & Satisfaction Guarantee:
- Upon completion of the cleaning service, the Client (or their representative, if present) has the right to inspect the premises to ensure the Services generally meet the standards outlined in the Service Checklist (Schedule 1).
- We are committed to providing high-quality service and offer a 24-hour satisfaction guarantee. If you are not satisfied with any aspect of the cleaning service performed, please notify Shine Up Your Home within 24 hours of the service completion.
9.2. Reporting Concerns & Damage:
- Notification of dissatisfaction or any alleged damage potentially caused by our service must be made within the 24-hour window following service completion.
- Please contact us via Phone Call AND Company Email (using contact details in Sec 1.1 / Sec 20). Provide specific details of the area(s) or item(s) of concern. Providing clear photos of the specific area or alleged damage is highly recommended and assists in our investigation.
- Failure to report any issues (satisfaction concerns or alleged damage) within the specified 24-hour time frame constitutes the Client's acceptance and satisfaction with the cleaning services provided for that session.
9.3. Investigation & Resolution Process:
- Upon receiving a timely report of concern or damage, the Company will conduct a thorough investigation, which may include reviewing service notes, discussing with the team, and potentially arranging a follow-up visit if necessary. We aim to complete this initial investigation within 72 business hours of receiving the report.
- Remedy for Service Concerns: If a concern regarding the quality of cleaning is verified, Shine Up Your Home's primary remedy is to offer to return to the Client's home to re-clean the specific area(s) reported, at no additional charge. We typically aim to schedule this re-clean within 72 business hours of verifying the concern, or at the earliest mutually agreeable time.
- Alternative Resolution: If a re-clean is not feasible or does not adequately resolve a legitimate concern acknowledged by Shine Up Your Home, the Company may, at its sole discretion, offer a partial credit towards future service or a partial refund proportional to the affected service area.
- Damage Resolution: For verified accidental damage caused by Company negligence (See Section 10), resolution will follow our Accident & Damage Policy, potentially involving insurance claims if applicable.
- We strive to resolve all reported issues quickly, fairly, and professionally, typically aiming for a resolution plan within 7 business days of the initial report.
10. Accidents, Damage, Liability & Insurance
10.1. Accident & Damage Policy:
- We take reasonable precautions to prevent accidents and damage during our cleaning services. All team members are trained on careful handling of client property.
- If accidental damage occurs that is potentially attributable to our team's actions, the Client must notify the Company immediately as per the reporting procedure in Section 9.2 (within 24 hours of service completion).
10.2. Company Insurance:
- Shine Up Your Home maintains Commercial General Liability (CGL) insurance to cover property damage or personal injury resulting directly from proven negligence by our team members during the performance of the agreed-upon Services.
- Proof of insurance coverage can be provided upon reasonable written request.
10.3. Liability Limitation - General Cap:
- Subject to the exclusions outlined herein, Shine Up Your Home's total liability to the Client for any and all claims, losses, or damages arising directly from or related to a specific cleaning service appointment rendered under this agreement shall be limited to the total amount paid by the Client to the Company for that specific cleaning service appointment during which the alleged loss or damage occurred.
10.4. Liability Limitation - Indirect & Consequential Damages:
- Shine Up Your Home shall not be liable for any indirect, special, consequential, incidental, or punitive damages. This includes, but is not limited to, loss of use, loss of profits, business interruption, or emotional distress, even if the possibility of such damages was foreseeable. Our liability is strictly limited to direct damages as capped in Section 10.3.
10.5. Liability Limitation - Specific Exclusions:
- The Company shall not be held responsible or liable for:
- Damage caused by cleaning products or equipment supplied by the Client ("Client-Provided Products") (See Section 4.4).
- Damage resulting from pre-existing conditions, damages, defects, wear and tear (See Section 2.14), improper installation of items (e.g., shelves, pictures, blinds), or construction defects within the Client's property.
- Damage to items requiring specialized cleaning methods or handling if these requirements were not disclosed to Shine Up Your Home in writing (e.g., on Schedule 1) and agreed upon prior to the service.
- Normal variations in cleaning results due to the type and condition of surfaces (e.g., aged grout, permanently stained materials).
10.6. Liability Limitation - Valuables, Fragile & High-Value Items:
- The Client is solely responsible for securing or removing valuable, fragile, sentimental, or irreplaceable items prior to cleaning (See Section 4.2). This includes items such as cash, jewelry, documents, antiques, artwork, collectibles, heirlooms, and electronics.
- The Company is not liable for loss or damage to items that were not reasonably secured or removed, or for items valued over $500 where the Company was not informed beforehand in writing to take specific precautions.
- The Company reserves the right, at its discretion, to decline cleaning specific items deemed to be of exceptionally high value or high risk of damage, even if requested by the client.
10.7. Liability Limitation - Keys & Access Codes:
- The Company exercises care in handling Client keys and access codes (See Section 5.7). However, in the unlikely event of loss or misplacement of keys, or compromise of access codes provided by the Client, the Company's liability is strictly limited to the lesser of the actual cost of key replacement or lock re-keying, up to a maximum amount of $100 CAD.
10.8. Client's Homeowner's/Renter's Insurance:
- The Client is responsible for maintaining adequate homeowner's or renter's insurance coverage for their property and belongings. The Company's insurance covers liability arising from its services, not general property coverage for the Client.
10.9. Theft Prevention & Policy:
- The Company takes theft prevention seriously and implements strict hiring practices, including background checks where permissible.
- Our liability insurance covers accidental damage caused by employee negligence during service but does not cover theft of personal belongings. As outlined in Section 4.2 and 10.6, Clients are responsible for securing all valuables. Any suspected theft should be reported immediately to both the Company and the local police authorities.
11. Safety & Security
11.1. Safe Work Environment Commitment:
- Shine Up Your Home is committed to maintaining a safe and healthy work environment for our team members and complying with applicable occupational health and safety guidelines (e.g., WorkSafeBC). We provide our team with training on safe work practices and appropriate Personal Protective Equipment (PPE) as needed for their tasks.
- The Client agrees to provide a safe work environment within their home, as outlined in Section 4.1. This includes maintaining clear and safe access paths, free from significant tripping hazards or other dangers.
- Our team reserves the right to decline or discontinue service if the work environment is deemed unsafe (See Section 2.11).
11.2. Client Disclosure of Hazards:
- The Client must inform the Company prior to the scheduled appointment of any specific potential health or safety hazards at the property.
- This includes, but is not limited to: known structural issues (e.g., loose railings, damaged floors), unsecured heavy objects, active construction areas, exposed wiring, known pest infestations, presence of hazardous materials the client is aware of, aggressive pets (even if intended to be secured), or severe allergies beyond standard product sensitivities (See Section 4.3).
11.3. Security Alarms & Pet Safety:
- If the property has a security system, the Client must provide clear and accurate instructions for its operation (disarming/arming) as required for access (See Section 5.5).
- The Client is responsible for ensuring all pets are appropriately secured in a safe location away from the cleaning areas before the team arrives and throughout the duration of the service (See Section 5.5).
- Shine Up Your Home is not responsible for security system malfunctions, false alarms triggered due to incorrect instructions, or for pets escaping the home if they were not properly secured by the Client.
- Our team will exercise reasonable care around house plants but is generally not responsible for damage to them.
11.4. Communicable Diseases Protocol:
- Shine Up Your Home adheres to applicable public health guidelines and protocols regarding communicable diseases (e.g., from BC Public Health, Health Canada) to ensure the safety of both clients and staff. This may include protocols related to team member health, PPE usage, and rescheduling services if necessary due to health concerns.
12. Privacy Policy & Confidentiality
12.1. Our Commitment & Scope:
- Shine Up Your Home ("Company," "we," "us") is committed to protecting the privacy and confidentiality of our Clients ("you," "your"). This policy outlines how we collect, use, disclose, and safeguard your Personal Information in accordance with applicable privacy laws, including British Columbia's Personal Information Protection Act (PIPA).
- "Personal Information" means information about an identifiable individual, including but not limited to your name, address, phone number, email address, payment details (handled securely, see Sec 8), property access details (keys/codes), and information about your home relevant to providing our Services.
- Both parties agree to maintain the confidentiality of any non-public information obtained about the other party during the course of service provision (mutual confidentiality from SA 9.1).
12.2. Collection & Purpose Limitation:
- We collect Personal Information that is necessary and reasonable for the purposes of scheduling, providing, managing, and billing for the requested residential cleaning Services. This includes communication regarding services, addressing inquiries or complaints, quality assurance, and internal record-keeping.
- We will identify the purposes for which Personal Information is collected at or before the time of collection.
12.3. Security Safeguards:
- We employ reasonable administrative, technical, and physical security safeguards appropriate to the sensitivity of the information to protect your Personal Information against loss, theft, unauthorized access, disclosure, copying, use, or modification.
- Specific measures include secure storage of physical keys (using non-identifying codes) and access codes (e.g., encrypted format, access limited to authorized personnel), secure handling of payment information (as per industry standards), training team members on privacy obligations, and not storing digital copies of keys or access codes on unencrypted devices (See also Section 5.7).
12.4. Use, Disclosure & Third-Party Sharing:
- We will only use or disclose your Personal Information for the purposes identified in Section 12.2, unless we obtain your further consent or as required or permitted by law (e.g., legal warrant, emergency situations).
- We do not sell or rent your Personal Information to third parties. We will not share your Personal Information with third parties without your explicit consent, except with service providers acting on our behalf who are contractually obligated to maintain confidentiality and security (e.g., potentially a scheduling software provider, payment processor - used minimally as per Sec 8.2), or as required by law.
12.5. Data Retention & Disposal:
- We retain Personal Information only as long as necessary to fulfill the identified purposes or as required by business record-keeping regulations and applicable laws.
- Access codes and keys are handled as per Section 5.7 (returned, deleted, or destroyed upon service termination based on Client request).
- Other Personal Information that is no longer required will be securely destroyed, erased, or made anonymous.
12.6. Consent:
- By engaging Shine Up Your Home's services and providing your Personal Information for the purposes outlined above, you provide implied consent to the collection, use, and disclosure of that information as described in this Privacy Policy. For uses beyond these standard purposes, we will seek your explicit consent where required by law.
- You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting us. Withdrawal of consent may impact our ability to provide you with services.
12.7. Access & Correction Rights:
- You have the right, under PIPA, to request access to your Personal Information held by us and to request corrections if you believe it is inaccurate or incomplete, subject to legal limitations.
- All requests for access or correction must be made in writing to our designated Privacy Contact (see below). We will respond to your request in accordance with PIPA timelines and requirements.
12.8. Accountability & Contact:
- Shine Up Your Home is accountable for the Personal Information under its control. We have designated [Insert Name or Title, e.g., Alexander Bruce, Owner / Privacy Officer - Placeholder] as the person responsible for ensuring compliance with this policy and applicable privacy laws.
- If you have any questions, concerns, or complaints about this Privacy Policy or our handling of your Personal Information, please contact: [Insert Name/Title and Contact Email/Phone for Privacy Inquiries - Placeholder].
13. Agreement Term & Termination
13.1. Agreement Term:
- This Agreement commences upon the Client first booking or accepting Services and continues based on the service frequency agreed upon (e.g., one-time, weekly, bi-weekly, monthly, as specified in the Service Checklist or booking confirmation) until terminated by either party in accordance with this Section.
- For fixed-term projects (e.g., a specific move-out clean), the Agreement covers the defined scope and terminates upon completion and final payment, unless terminated earlier as per below.
13.2. Termination Without Cause (Ongoing Services):
- For ongoing recurring services, either the Client or the Company may terminate this Agreement without cause by providing at least 72 hours written notice (email acceptable, see Section 19 Notices) to the other party. Services scheduled within the 72-hour notice period may still be performed and charged unless mutually agreed otherwise.
13.3. Termination For Cause:
- a) Immediate Termination by Company: The Company reserves the right to terminate this Agreement and cease services immediately, without prior notice or opportunity to cure, in the event of serious breaches by the Client, including but not limited to:
- Non-payment of due invoices beyond the specified grace period (See Section 8.7).
- Creation or persistence of an unsafe working environment for Company staff (See Section 2.11, Section 11.1).
- Abusive, harassing, discriminatory, or threatening conduct towards Company staff.
- Fraudulent activity or misrepresentation related to the services.
- b) Termination for Material Breach (Either Party): Either party may terminate this Agreement upon written notice if the other party commits a material breach of these Terms & Conditions (other than those listed in 13.3a) and fails to cure such breach within 72 hours of receiving written notice detailing the breach and demanding its cure.
13.4. Obligations Upon Termination:
- Upon termination of this Agreement for any reason:
- The Client agrees to pay the Company for all Services rendered and any outstanding fees (e.g., cancellation fees if applicable) up to the effective date of termination.
- The Company will return any Client keys or property and delete stored access codes in its possession according to the procedure outlined in Section 5.7.
- The Client shall immediately return to the Company any property, documents, or materials belonging to the Company that may be in the Client's possession (e.g., any specialized equipment left on-site by agreement, copies of proprietary checklists or procedures if provided). The Client agrees not to retain copies of the Company's proprietary information.
14. Governing Law, Dispute Resolution & General Legal Provisions
14.1. Governing Law & Jurisdiction:
- This Agreement and all Services provided hereunder shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.
- Subject to the dispute resolution process outlined in Section 14.2, the parties agree that any legal action or proceeding arising out of or relating to this Agreement that is permitted to be brought in court (e.g., to enforce an arbitration award or where arbitration is not applicable) shall be brought exclusively in the courts located in Victoria, British Columbia. Each party irrevocably submits to the exclusive jurisdiction of such courts for such purposes.
14.2. Dispute Resolution:
- The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement or the Services provided (a "Dispute") amicably through the following sequential process:
- a) Good Faith Negotiation: The party raising the Dispute shall provide written notice to the other party. Representatives of both parties with authority to settle the controversy will negotiate in good faith to attempt to resolve the Dispute within thirty (30) days of the notice.
- b) Mediation: If the Dispute is not resolved through negotiation within 30 days, the parties agree to attempt to resolve the Dispute through mediation before resorting to arbitration. Mediation shall be conducted in Victoria, BC, with a mutually agreed-upon mediator (or, if no agreement, selected from a roster like the Mediate BC Roster Society). The costs of the mediator shall be shared equally between the parties, unless otherwise agreed. The parties will participate in mediation in good faith for up to sixty (60) days after its commencement.
- c) Binding Arbitration: If the Dispute is not resolved through mediation within 60 days of its commencement, the Dispute shall be finally and conclusively resolved by binding arbitration. The arbitration shall be conducted in Victoria, BC, and administered by [Choose one and finalize: e.g., the British Columbia International Commercial Arbitration Centre (BCICAC) in accordance with its Rules of Procedure / a single arbitrator agreed upon by the parties / arbitration under the BC Arbitration Act rules - Placeholder]. The decision of the arbitrator shall be final and binding on both parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
14.3. Severability:
- If any provision of this Agreement (or part thereof) is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect as if the Agreement had been executed without the invalid, illegal, or unenforceable provision.
14.4. Force Majeure:
- Neither party shall be liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control ("Force Majeure Event"). Such events include, but are not limited to, acts of God, natural disasters (fires, floods, earthquakes, severe storms), pandemics or epidemics, war, terrorism, civil unrest or riots, labour disputes impacting essential services, government orders or regulations preventing service, utility failures, or major transportation disruptions. The affected party shall provide prompt notice to the other party and use reasonable efforts to resume performance as soon as practicable.
14.5. Independent Contractor Relationship:
- It is expressly agreed that Shine Up Your Home is acting as an independent contractor in providing the Services to the Client. This Agreement does not create a partnership, joint venture, agency, franchise, or employer-employee relationship between the parties. Shine Up Your Home retains sole control over the means, methods, personnel, and procedures used to perform the Services.
14.6. Assignment:
- Neither party may assign its rights or delegate its obligations under this Agreement, in whole or in part, without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. Any attempted assignment or delegation without such consent shall be null and void.
14.7. Waiver:
- No failure or delay by either party in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. Any waiver must be express, in writing, and signed by the party granting the waiver to be effective.
14.8. Notices:
- Any notice or other communication required or permitted under this Agreement shall be in writing and shall be deemed duly given:
- (a) If delivered by hand, upon delivery;
- (b) If sent by registered mail or pre-paid courier providing proof of delivery, upon receipt; or
- (c) If sent by email, upon transmission during the recipient's business hours with confirmation of receipt requested and obtained, or if no automated confirmation is received, on the next business day following transmission, provided the email is sent to the primary email address used for scheduling/communication (as specified in Sec 1.1/Sec 20 or updated in writing) and is not returned as undeliverable.
- Notices shall be sent to the primary addresses/email addresses for the parties as provided during booking or updated subsequently in writing.
14.9. Successors and Assigns:
- Subject to the limitations on assignment in Section 14.6, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and permitted assigns.
14.10. Copyright:
- All content included in or made available through any Shine Up Your Home service, such as text, graphics, logos, images, audio clips, digital downloads, data compilations, checklists, marketing materials, website content, and these Terms & Conditions, is the property of Shine Up Your Home or its content suppliers and protected by Canadian and international copyright laws. Unauthorized use, reproduction, or distribution is strictly prohibited.
15. Amendments to Terms & Conditions
15.1. Right to Amend:
- Shine Up Your Home reserves the right to modify, amend, or update these Terms & Conditions at any time in its sole discretion to reflect changes in our services, business practices, legal requirements, or other factors.
15.2. Notification of Changes:
- Clients with ongoing scheduled services will be notified of any significant modifications to these Terms & Conditions. Notification may be provided via email to the address on file, direct communication during service scheduling, or by posting the updated terms on our official website. We aim to provide notice reasonably in advance of the changes taking effect, typically prior to your next scheduled service after the update.
- The most current version of these Terms & Conditions will be available on our website [If applicable - Add Website URL or state 'available upon request' - Placeholder]. It is the Client's responsibility to review the Terms periodically.
15.3. Acceptance of Amended Terms:
- Continued use of Shine Up Your Home's services after notification or posting of the amended Terms & Conditions constitutes the Client's acceptance of the revised terms. If the Client does not agree with the amended terms, their recourse is to terminate the service agreement according to Section 13.
16. Entire Agreement
16.1. Complete Understanding:
- These Terms & Conditions, including the specific Service Checklist (Schedule 1) agreed upon for the engagement, constitute the entire agreement between the Client and Shine Up Your Home concerning the subject matter hereof.
- This Agreement supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, understandings, and communications between the parties, whether written or oral, relating to its subject matter. No other terms, conditions, or warranties, express or implied, shall apply unless expressly agreed upon in writing by both parties (subject to the amendment process in Section 15).
17. Counterparts & Electronic Signatures
17.1. Execution in Counterparts:
This Agreement, or any related Service Checklist or amendment requiring signature, may be executed in counterparts, meaning each party may sign a separate copy. Each counterpart shall be deemed an original, but all counterparts together shall constitute one and the same instrument.
17.2. Validity of Electronic Signatures & Acceptance:
- The parties agree that this Agreement, the Service Checklist, and any related documents or amendments may be accepted and signed electronically.
- Electronic signatures (e.g., typed name in a designated signature block, clicked acceptance buttons on an online form or booking system, signatures applied via e-signature software) shall be considered legally binding and equivalent to handwritten signatures for the purposes of validity, enforceability, and admissibility. Acceptance of service terms through our online booking system or via email confirmation where terms are referenced also constitutes binding agreement.
18. Feedback Mechanism
18.1. Providing Feedback:
- We welcome and value feedback from our clients as it helps us to continually improve our services and recognize the efforts of our team members.
- Please feel free to provide any feedback, compliments, suggestions, or concerns by emailing us at [Your Email Address - Placeholder] or calling us at [Your Phone Number - Placeholder] during office hours (See Section 1.1). Concerns requiring action under the Satisfaction Guarantee should follow the process in Section 9.
19. Definitions
For the purposes of these Terms & Conditions, the following terms shall have the meanings ascribed to them below:
19.1. "Excessive Clutter":
- Refers to large amounts of loose items, belongings, dishes, garbage, or other obstacles covering floors, countertops, furniture, or other surfaces that significantly prevent or impede the cleaning team's access for effective cleaning of those areas as outlined in the Service Checklist. Addressing excessive clutter may require client tidying prior to service or may incur additional fees/time if handled by the cleaning team (subject to agreement and feasibility). (See Section 2.8, Section 4.7).
19.2. "Excessive Pet Waste":
- Refers to any accumulation of pet waste (e.g., feces, urine deposits, vomit) beyond minor, isolated, recent incidents, that significantly hinders or prevents the Company's staff from accessing areas or effectively completing standard cleaning tasks in a safe and sanitary manner. Cleaning of areas with excessive pet waste requires remediation by the Client prior to the scheduled cleaning service. (See Section 2.7, Section 4.6).
19.3. "Material Breach":
- Refers to a significant violation of a key term or condition of this Agreement that substantially undermines its fundamental purpose or deprives the non-breaching party of the essential benefit of the bargain. Examples may include, but are not limited to, persistent non-payment, creation of seriously unsafe working conditions, or failure to provide agreed-upon services without justification (as referenced in Section 13.3).
19.4. "Service Checklist" (Schedule 1 / Attachment):
- Refers to the document (whether physical or digital), often titled Schedule 1 or Attachment, provided by the Company and agreed upon with the Client, which details the specific cleaning tasks, scope of work, frequency, location, timing, and any special instructions included in the agreed-upon service package for a particular engagement. (See Section 1.2).
- (Note: Other terms like "Company," "Client," "Services," and "Personal Information" are defined where they first appear in the text, typically in the Introduction or Section 12).
20. Contact Information
- Company Name: Shine Up Your Home Residential Cleaning Services (Operated by Alexander Bruce)
- Address: 30-B Atkins Road, View Royal, Victoria, BC V9B 2Z6, Canada
- Phone: 250-893-8931
- Email: shineupyourhome@gmail.com
- Office Hours: Monday - Saturday, 9:00 AM - 5:00 PM Pacific Time
- (Note: This is the primary contact information for general inquiries, booking, scheduling changes, cancellations, feedback, and privacy inquiries unless otherwise specified.)
21. Service Checklist (Schedule 1) & Client Acceptance
21.1. Service Checklist (Schedule 1 / Attachment):
- The specific details of the services to be performed for each Client engagement (including scope of work, tasks, frequency, schedule, location, pricing, and any special instructions or exclusions) will be documented in a separate Service Checklist (also referred to as Schedule 1 or Attachment).
- This Service Checklist, once agreed upon by both the Client and the Company, forms an integral part of this Agreement. These Terms & Conditions govern the overall relationship and service provision, while the Service Checklist details the specifics for a particular job or ongoing service plan.
21.2. Client Acceptance:
- By scheduling, booking, accepting, or paying for Services from Shine Up Your Home, OR by signing this Agreement or the associated Service Checklist (physically or electronically),
- the Client confirms that they have read, fully understood, and agree to be bound by these Terms & Conditions.
21.3. Signatures (Required for Formal Agreement):
- While agreement is typically confirmed by accepting services (as per 21.2), formal signatures may be requested for ongoing service plans or specific project agreements.
Client:
Signature: ________________________
Printed Name: _____________________
Date: ___________________
Company Representative:
Shine Up Your Home Residential Cleaning Services
Signature: ________________________
Printed Name: _____________________ (e.g., Alexander Bruce, Owner)
Date: ___________________