BY ORDERING, ACCEPTING, AND PAYING FOR HOME CLEANING SOLUTIONS PROVIDED BY Rota North America Cleaning Corp. THROUGH OUR WEBSITE OR ANY OTHER AGREED UPON AND AUTHORIZED METHOD, YOU ACKNOWLEDGE THAT YOU HAVE READ, FULLY ACCEPT AND AGREE TO THE TERMS AND CONDITIONS AS THEY RELATE TO THE HOME OR COMMERCIAL CLEANING SOLUTIONS YOU HAVE ORDERED.
2. Services
a. The Supplier shall provide the Customer with home cleaning solutions (the “Services”) rendered by independent cleaning professionals acting on behalf of the Supplier (the “Agents”). All Services must be ordered and facilitated between the Customer and the Supplier directly through the Supplier’s website or through any another method expressly authorized by the Customer and the Supplier, including but not limited to telephone bookings.
b. All Services ordered by the Customer are set out expressly on the Cleaning Appointment order form completed by the Customer (the “Order Schedule”) which, together with these terms and conditions, constitute the entire agreement between the parties. Any alteration to a term, price, product or service must be documented in a revised Order Schedule which shall be referenced to, and form part of, this agreement.
c. Upon reasonable notice and proper authorization, the Supplier and its Agents shall be granted access to the Customer’s premises to render Services and/or assess the quality of Services rendered.
d. The Supplier shall provide service and support to Customers via email and/or telephone to resolve potential Customer issues in receiving Services provided by the Supplier and its Agents. The Supplier shall attempt to respond to Customer queries or complaints in a commercially reasonable manner.
e. Service Model Explanation:
Our cleaning services are provided on an hourly basis. The duration for cleaning your residence as indicated on our booking page or through our customer service is an estimation based on our experience with previous residences. This estimated time may vary depending on the actual condition of your premises or complexities encountered during cleaning. In such cases, we will inform you that additional time is needed to complete the cleaning to our standards. You will then have the option to approve additional cleaning time. For customers desiring a specific amount of cleaning time, please contact us directly in Canada at +1(416)252-3777 and in USA at +1(877)257-5007 or through our email: cleaning@rotagroup.ca for tailored instructions.
f. Cleaning Guarantee:
If for any reason you are not satisfied with the cleaning services provided, please contact us within 24 hours of the initial service so we can re-evaluate. A re-clean must be scheduled within 5 days of the initial service. Only areas that were listed on your type of service and the extras chosen will be re-cleaned. We will not activate this guarantee if you require cleaning of areas that were not initially requested or are not listed on our website. Only the missed areas will be re-cleaned, not the entire residence.
5. Term and Termination
a. This agreement will come into force upon acceptance by the Customer and shall remain in force until Services have been rendered, amended expressly by both parties, or unless otherwise terminated in accordance with this agreement and the Order Schedule(s).
b. If the Customer cancels Services prior to the agreed Term in the Order Schedule(s), a penalty may apply as set out in the Order Schedule(s).
c. If the Supplier cancels Services other than for non-payment and/or for cause the Supplier will, either refund the Payment provided by the Customer or make alternate arrangements for the rendering of Services expressly agreed to by the parties as set out in the Order Schedule(s).
7. Liability
a. Other than as set out in section 8, the Supplier makes no representations or warranties of any nature whatsoever, whether expressed or implied, with respect to the Services.
b. The Supplier’s liability to the Customer is limited to direct damages and shall not exceed the total amount paid by the Customer to the Supplier during the period giving rise to the claim. Under no circumstance will the Supplier be liable for any indirect or consequential damages, including, but not limited to, damages resulting from loss of use of the Service(s), lost profits, lost revenue, damages to third parties, or damage or theft of any of the personal property of the Customer located at the premises of the Customer unless such damage or theft is committed by an Agent of the Supplier and is proven to have been caused or committed by an Agent through irrefutable evidence provided by the police. This does not apply to damages resulting from personal injury caused by the negligence of the Supplier or its Agents.
c.As stated in section 2 of this agreement all Services provided by the Supplier and its Agents must be ordered directly through the Supplier’s website or through any other means expressly authorized by the parties. The Supplier accepts no liability for any damages resulting from the services provided by any third party or any Agent of the Supplier if such services were not expressly ordered through the Supplier, even in the event that an Agent of the Supplier may hold itself out as acting for the Supplier or may engage in a private agreement with a Customer not booked directly through the Supplier.
8. Warranties and Guarantees
a. Each party warrants that it has the right to enter into this agreement.
b. Except for the express warranties contained in this agreement, the Supplier disclaims all warranties, expressed or implied, including but not limited to, the implied warranty of merchantability and fitness for a particular purpose.
c. Supplier warrants that the Service(s) provided hereunder will be of professional quality, provided in accordance with industry best practice and meet the service performance specifications set out in each Order Schedule.
10. General Provisions
a. No waiver of any part of this agreement or Schedules shall be deemed to be a waiver of any other provision in this agreement. No waiver is to be interpreted as a continuing waiver unless agreed to in writing by the parties.
b. Each of the sections in this agreement and each provision in the Order Schedules and User Policies attached are separate terms and conditions, and are intended to stand alone, except where referenced. In the event of any conflict, the terms and conditions of this agreement shall take precedence. Should any provision of this agreement or the Order Schedule(s) or be held to be invalid, all other provisions will remain in effect and are enforceable by the parties.
c. The headings are included for ease of reference only and do not form part of the agreement.
d. The legal interpretation of the substantive portions of this agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.
e. This agreement and the Schedules constitute the entire agreement between the parties, and no amendments shall be effective unless made in writing and accepted by the parties.
f. The parties have acknowledged and accepted that this agreement and Schedules be drafted in English.
g. This agreement is for the benefit of, and binding upon the parties hereto, and their successors and assigns.
h. Neither this agreement nor the performance of the obligations under this agreement shall be assigned by the Customer. The Supplier may assign its rights or obligations under this agreement to any other party at any time without notice to the Customer.
i. Under no circumstances shall this agreement be construed to create a partnership, joint venture, or any other financial obligations between the Customer and Supplier.
j. All notices under this agreement shall be in writing and may be sent by electronic copy or registered mail to the Customer and Supplier at their respective addresses, unless otherwise amended. Any such notice shall be effective on the day of delivery, if sent by electronic means; [seven] days from the date of mailing if sent by mail; or on the next business day, if sent by courier.
k. Time is of the essence of the agreement.