Part A — General Terms (Apply to All Clients)
1) Definitions
Client: (a) Residential—any homeowner, renter, or authorized representative; (b) Commercial—any business entity, organization, or property/facility manager.
Technician: TCE-employed cleaning professional or supervisor.
Recurring Service: Ongoing scheduled visits (weekly, biweekly, monthly, nightly, etc.).
SOW: Written scope/estimate/order accepted by Client (signature, email/text confirmation, or online booking).
Premises: The location where services are performed.
Add-On: Any optional task listed in Appendix H pre-approved before a visit.
Business Days: Monday–Friday excluding Appendix D holidays.
Arrival Window: The 1–2 hour period within which Technicians may arrive (Appendix J).
2) Acceptance & Entire Agreement
By signing an SOW, submitting a booking, granting access, or continuing services, Client accepts these Terms. These Terms + SOW(s) form the entire agreement and supersede prior proposals or conversations. Modifications follow Section 31.
3) Scope of Services
TCE provides residential and commercial cleaning, including routine maintenance, deep cleaning, move-in/move-out, janitorial, post-construction, interior glass, restrooms, trash removal, touchpoint sanitization, and (as contracted) floor care and carpet/upholstery care. Detailed inclusions are in Appendix A (Residential) and Appendix B (Commercial). Optional menu in Appendix H.
4) Professional Standards, Supplies & Equipment
- TCE furnishes professional-grade supplies/equipment compliant with OSHA, and where applicable EPA guidance.
- Client-provided products must be pre-approved in writing and accompanied by SDS if chemical; Client assumes responsibility for safety/results.
- Consumables (e.g., paper goods/soap/liners) are excluded unless contracted (Commercial may include restocking—Part C & Appendix B).
- Eco-Option: Upon request, TCE will use eco-preferred products where feasible (some results may vary vs. industrial options).
5) Exclusions & Service Limitations (Non-Exhaustive)
TCE does not:
- Remove/remediate biohazards (blood, feces, urine, vomit, needles), mold, asbestos, lead paint, black water, or chemical spills; perform pest control; or provide restoration/remediation.
- Guarantee removal of permanent stains, etching, corrosion, mineral deposits/hard-water scaling, or grout/stone discoloration; or undo prior product/installation damage.
- Move heavy furniture/appliances; clean exterior surfaces at height; or use scaffolds/roof access without a signed addendum & safety plan.
- Provide organizing/decluttering, laundry, or dishwashing unless explicitly contracted.
- Clean areas without safe access, lighting, power, or water.
6) Client Responsibilities (All Clients)
- Safe Access & Utilities: Provide entry credentials, parking permissions, and working utilities. Lockouts/no-access may incur fees (Appendix E).
- Valuables/Fragiles: Secure or remove fragile/irreplaceable items; disclose special-care surfaces or pre-existing damage.
- Conditions: Maintain reasonable declutter to enable cleaning; disclose hazards, infestations, restricted areas, alarms, and cameras.
- Pets: Secure pets for safety and to prevent escape.
7) Scheduling, Arrival Window & Resets
- TCE provides arrival windows to account for traffic, parking, and job variability (Appendix J).
- If skips/extended intervals/heavy conditions increase time, TCE may reclassify the visit (e.g., Deep Clean) or add time at prevailing rates with prior approval.
- Inclement Weather/Emergency: Services may be rescheduled without liability for delay.
8) Minimums, Time vs. Scope & Overage Authorization
- Minimum Billable: Visits have a 1-hour minimum unless otherwise stated in the SOW.
- Scope-Based: Services are scope-based, not guaranteed to complete in a fixed time if conditions differ from quote.
- Overage: If additional time is required, TCE will request text/email approval before proceeding.
9) Estimates, Pricing, Change Orders & Adjustments
- Estimates rely on disclosed size/condition; pricing may adjust if actual conditions differ.
- Change Orders (scope/schedule/frequency) require written approval (email/text acceptable).
- Annual Adjustment: For multi-month engagements, TCE may apply CPI/fuel/supply adjustments with 30 days' notice.
10) Payment Terms (General)
- Invoicing: Weekly/biweekly/monthly as set out in the SOW.
- Due Date: Residential: Due at time of service. Commercial: Default NET 15 from invoice date; applicable taxes added.
- Late Fees: Past-due balances accrue 5% per month (compounded monthly) or legal max, whichever is less. Client is responsible for reasonable collection costs and attorney fees.
- Methods: ACH, debit/credit, or as otherwise offered; card payments may include a processing surcharge (disclosed on invoice).
- NSF/Chargebacks: Administrative fees may apply (Appendix E).
- Segment-specific rules: Part B (Residential) and Part C (Commercial).
11) Cancellations, Skips, Lockouts & Termination
- Recurring Termination: Either party may terminate recurring services with 30 days' written notice.
- Late Cancellations: Residential <48h may incur $50; Commercial <72h may incur $75; same-day may bill up to full rate (Appendix E).
- Lockout/No Access: Fees apply if TCE cannot access during the arrival window due to Client-controlled issues.
12) Quality Assurance, Issue Reporting & Re-cleans
- Report concerns within 24 hours of completion to [email protected].
- We investigate and re-clean where justified at no charge.
- Refunds are not provided for services performed, except in cases of gross negligence or willful misconduct determined by a court of competent jurisdiction.
13) Claims & Damage Procedure
To evaluate alleged damage:
- Notify TCE within 24 hours of service;
- Provide photos/videos and description;
- Make item/area available for inspection;
- Do not repair/discard before TCE inspection;
- Provide purchase documentation or reasonable valuation if requested.
Remedies: TCE may repair, replace with like-kind, or compensate at repair or depreciated value up to the liability cap in Section 15.
14) Insurance
TCE maintains General Liability and Workers' Compensation; Bonding is maintained for commercial operations. Certificates of Insurance available on request.
15) Liability Allocation & Cap
- Pre-Existing/Improper Conditions: No liability for damage to improperly installed fixtures, unstable items, or pre-existing damage not caused by TCE.
- Surfaces & Finishes: Certain finishes (e.g., natural stone/unlabeled specialty coatings) may react unpredictably to any product; Client provides special-care instructions in writing.
- Cap: TCE's aggregate liability for any claim arising from a given service is limited to the amount paid by Client for that specific service.
16) Indemnification
Client will indemnify and hold harmless TCE and its personnel from third-party claims, damages, and costs (including reasonable attorney fees) arising from: (a) hazards not disclosed by Client; (b) Client-provided products/equipment; or (c) Client's breach of these Terms; except to the extent caused by TCE's gross negligence or willful misconduct.
17) Safety & Health
- OSHA-compliant practices; appropriate PPE used when indicated.
- Heights/Ladders: No climbing higher than a 3-step ladder. For beyond-reach areas, extension tools are used; exceptions require signed addendum + safety plan.
- TCE may refuse or suspend service if conditions are unsafe (structural hazards, infestations, bodily fluids/needles, unsecured animals, etc.).
18) Staffing, Security & Conduct
- Technicians are TCE employees, background-checked, uniformed, and prohibited from removing Client property or using personal devices on site.
- TCE complies with reasonable facility security rules (badges, logs, PPE) and access hours.
- TCE maintains a harassment-free workplace and may withdraw staff/terminate service for safety concerns.
19) Non-Solicitation
Client will not directly hire, solicit, or engage TCE employees during service and for 12 months after termination. Residential liquidated damages: $2,000 per employee. Commercial liquidated damages: $2,500 per employee.
20) Technology, Automation & AI Systems (Blanket Clause)
- TCE may use technology systems—including but not limited to automated scheduling, estimation, messaging, routing, photo documentation, timekeeping, and AI-assisted tools—with human oversight for quality and efficiency.
- Client may request human review of any technology-assisted communication or estimate.
- TCE is not liable for technology/AI-related errors where human review is available and corrections are promptly made upon notice.
- TCE may update or change technology providers without notice; no specific software is incorporated into this Agreement.
21) Privacy, Confidentiality & Data Handling (TDPSA)
- Confidentiality: TCE safeguards Client data, access codes, and sensitive information, disclosing only as required by law or with Client consent.
- Photos/Recordings: No interior photography or recording unless (i) Client authorizes in writing, or (ii) limited work-area photos are reasonably necessary to document pre-existing conditions, results, or claims; photos exclude personal/identifying content and are stored securely.
- Texas Data Privacy and Security Act: Clients may request access, correction, deletion, portability, and opt-out of targeted ads/sale/profiling; no discrimination for exercising these rights. Requests to [email protected] or by mail to TCE's address. Identity is verified; responses provided within statutory timelines with an appeal process.
- Retention: Operational records retained for a commercially reasonable period or as required by law; then securely deleted or anonymized (see Appendix L).
22) Keys/FOBs/Alarms
- Keys/FOBs are tagged by code (not address) and stored with restricted access.
- Lost key/FOB replacement and any required rekeying are reimbursed at cost (Appendix E).
- Client provides arming/disarming instructions in writing.
23) Holidays, Force Majeure & Emergency Closures
- Observed Holidays: Thanksgiving Day; Christmas Day; Memorial Day; Independence Day; New Year's Day; Labor Day. Schedules adjust with notice.
- Force Majeure: No liability for delays/failures due to events beyond reasonable control (e.g., disasters, war, terrorism, labor disputes, government orders, pandemics, supply disruptions). Services are rescheduled as soon as practicable.
24) Subcontracting & Assignment
TCE may assign or subcontract to qualified providers under TCE supervision. Subcontractors must follow these Terms. TCE remains responsible for performance.
25) Relationship of Parties
TCE is an independent contractor. Nothing creates an employment, partnership, fiduciary, or joint venture relationship with Client.
26) Compliance & Site Rules
Client will provide applicable site rules, safe-work instructions, and any required orientations. TCE will comply with reasonable, written facility policies provided prior to service.
27) Regulatory & Environmental Statements
TCE uses products in accordance with manufacturer instructions and applicable law. Where Client mandates alternatives (e.g., specific disinfectants), Client will provide written instruction; results/compatibility risks are assumed by Client.
28) Accessibility & Special Accommodations
TCE will make commercially reasonable efforts to accommodate access needs (e.g., reduced fragrance options), subject to safety feasibility and available products.
29) Marketing & Testimonials (Opt-In)
TCE will not use Client's name, logo, or images for marketing without prior written consent. If consent is granted, Client may revoke prospectively by written notice.
30) Non-Disparagement (Optional/Advisory)
The parties agree to resolve disputes per Section 35 and avoid public disparagement during active resolution efforts. This does not limit truthful statements in legal proceedings or reviews that are not knowingly false or misleading.
31) Modifications
TCE may modify these Terms with written notice (email or mail). Continued use after notice constitutes acceptance. SOW-level changes require mutual written agreement.
32) Notice & Electronic Consent
Official notices are sent by email to the contact on file and by mail to addresses in the SOW, deemed received upon delivery confirmation or three business days after mailing. Client consents to electronic communications and e-signatures consistent with E-SIGN.
33) Audit & Right to Verify (Commercial Only)
For long-term commercial contracts, TCE may maintain timekeeping and task completion records. Client may reasonably request service summaries (see Appendix M for KPIs/SLAs).
34) Survival
Obligations that by nature should survive (payment, confidentiality, non-solicitation, indemnity, dispute resolution, limitations) will survive termination/expiration.
35) Governing Law; Dispute Resolution; Class Waiver
- Governing Law: Texas law (without conflict rules).
- Dispute Resolution: After a 10-day good-faith negotiation period upon written notice of dispute, claims are resolved by binding arbitration in Montgomery County, Texas under AAA rules, except claims eligible for small-claims court, which may be brought there.
- Prevailing Party: May recover reasonable attorney fees and costs.
- Class/Representative Waiver: Claims must be brought on an individual basis; no class or representative proceedings.
36) Miscellaneous
Severability; waiver (no implied waivers); headings (convenience only); assignment by Client requires TCE consent (not unreasonably withheld); no third-party beneficiaries.