Policies/Terms of Service
Please set aside some time to review this Agreement. Utilization of our services constitutes your acknowledgement and acceptance of this Agreement and of its terms and conditions. By requesting E-Z Clean4u LLC (“E-Z Clean”) benefits and services by telephone, e-mail, fax, or its website the Client consents to be bound by E-Z Clean4u LLC terms and conditions.
1. DEFINITIONS E-Z Clean is a New Jersey registered business offering residential and commercial cleaning services to consumer and business customers, hereinafter referred to as (“Client”), seeking to utilize its services on a work for hire basis. Quoted or proposed estimates, hereinafter referred to as (“Estimate”) for cleaning services, hereinafter referred to as (“Service”) given to the Client by E-Z Clean (both Client and E-Z Clean are referred to as the “Parties”), the Client acknowledges and accepts the Estimate and the accompanying terms and conditions hereinafter referred to as (“Contract”). E-Z Clean consents to provide Client with such Service at a Client designated location hereinafter referred to as (“Premises”).
2. DESCRIPTION OF SERVICE A) E-Z Clean agrees to provide residential and/or commercial cleaning services to Client at a Location indicated by Client. B) Service will be for such cleaning obligations as concurred with Client at the time of booking. C) Service includes but is not constrained to standard cleaning (also known as Keep It Clean, or EZ-PZ Clean), more point by point cleaning (also known as Get It Clean), move in & move out cleaning, detailed cleaning services (also known as Deep Clean), and post-construction/post-renovation cleaning (also known as Post-Renovation Clean). D) Other additional add-on services as requested by Client remain outside of the stipulated services. E) E-Z Clean will always attempt to provide the same team members to Client, Client understands this may not always be possible; accordingly, E-Z Clean reserves the right to change its Service Providers in its sole discretion. F) E-Z Clean maintains whatever authority is needed to suspend or cancel Service if payments are not received on the due date. G) E-Z Clean attempts to complete all tasks inside assessed times, however such approximations are calculated on typical times needed to clean homes of comparable size. Should a given task, beyond E-Z Clean’s control, take longer than assessed, E-Z Clean reserves the right to charge Client, and Client agrees to pay, an additional fair and reasonable amount. H) The operation of washing machines, dryers, or dish washers, by E-Z Clean Service Providers is done at Client’s risk.
3. ALTERATIONS/ADDITIONS TO WORK A) Neither party may modify the Service outlined in the Estimate without the prior endorsement of the other party. B) Should additional services or variations of Service be required by Client while Service is in progress, then Client agrees to first contact E-Z Clean, who may agree to supply the additional services in its absolute discretion. Client agrees not to request such changes directly with the Service Providers as they are not authorized to make such changes to the Service being provided.
4. ESTIMATE: A) The finite price payable by Client is determined by the amount of time each assignment is estimated to take. E-Z Clean Estimate is an appraisal alone based on E-Z Clean experience, sight unseen, and in view of data provided by Client. B) If at the beginning, or over the span of supplying Service, it is clear the real cost of Service will surpass E-Z Clean Estimate due to: Client gives off base portrayal of property, or if in the perspective of E-Z Clean Service Providers, state of property is in an outlandish state contrasted to requested services. C) Client agrees to inform E-Z Clean in advance if Service required is a Moving Clean. All Moving Cleans require Deep Clean to be selected. D) Client agrees to inform E-Z Clean in advance if Service required is a Post-Renovation Clean. All homes that have had recent construction or renovation work require Post-Renovation Clean to be selected. All Post-Renovation Cleans require Deep Clean to be selected.
The estimated time for each configuration is arrived upon utilizing E-Z Clean’s broad experience of cleaning hundreds of different types of homes of every imaginable size and cleaning condition. For homes that are significantly soiled, or have been neglected for a long-time, then the amount of time needed to clean such homes may take longer than the figures displayed. In such instances Client will be given the choice of prioritizing areas of the home to clean to E-Z Clean’s best ability within the allocated time, or the option of requesting additional time in order to continue cleaning beyond the allocated time. Amounts charged will be at the following rates corresponding to E-Z Clean’s different cleaning types:
Deep Clean/Moving Cleans: $60 per labor-hour (i.e. $30 for each 30-minute increment, per cleaner)
Get It Clean: $50 per labor-hour (i.e. $25 for each 30-minute increment, per cleaner)
Keep It Clean: $40 per labor-hour (i.e. $20 for each 30-minute increment, per cleaner)
EZ-PZ Clean: After 15-minute grace period, $40 per labor-hour (i.e. $10 for each 15-minute increment, per cleaner)
In E-Z Clean’s experience the vast majority of homes can be well cleaned within the estimated time therefore this only happens occasionally, and on homes that haven’t been professionally cleaned in a long time (like 2 years) or perhaps not at all. Homes that are old; have musty smelling odors; are in overall neglect, although they can be cleaned to a condition that is significantly improved upon in comparison to before cleaning, are not likely to be as clean as homes that are in better physical condition and those that have been more recently cleaned.
The pricing structure for Deep Clean, Get It Clean, Keep It Clean, and EZ-PZ Clean, is not based on a set number of hours but rather on providing a cleaning service using a selected cleaning service that calculates estimated time based on a home configuration. It’s possible if the home is small and not particularly dirty that the cleaning may be completed in less time than what’s estimated on our website. Client recognizes that it is purchasing a cleaning service estimated to take a certain number of labor-hours rather than purchasing a set number of labor-hours; except if Client is purchasing “A Block of Labor-Hours” which is time-based.
Homes that have had construction, or post-renovation, work; or have dust residue and/or paint on floors, are subject to Post-Renovation Clean cleaning type rates. Selecting Post-Renovation Clean auto-selects Deep Clean. There is an additional surcharge for Post-Renovation Clean, appearing on the check-out page, which is calculated on a per-room basis. Additional time is added also to the Order Detail calculated also on a per room basis, regardless of size. Client agrees that in homes that fall into this category that Client will select Post-Renovation Clean on E-Z Clean’s website, or inform E-Z Clean in the event of manually generated invoices. Should Client fail to select/advise Post-Renovation Clean in such circumstances then Client authorizes E-Z Clean to bill Client accordingly at E-Z Clean’s stated website prices, and agrees to pay said invoice within 24 hours of presentation. Client may request E-Z Clean to send its Service Providers back to Client’s premises to work the additional labor-hours once E-Z Clean’s invoice is paid.
Although Client may select the number of Service Providers they should like to have to clean their home, E-Z Clean will make best efforts to accommodate Client’s request however E-Z Clean reserves the right to decide how many to actually send based on availability of Service Providers and the number of labor-hours the assignment is estimated to take based on Client’s submitted order reflecting Client’s home configuration.
E-Z Clean requires Client, and Client agrees, to complete and sign its provided “Confirmation of Provided Service” form (https://e-zclean4u.com/confirmation-of-provided-service-form/), and to give it to the Service Provider(s) in attendance. Should Client not be present upon completion of the cleaning assignment, that is to say when the Service Provider(s) leave the Premises, then Client agrees to complete, sign, and return it to E-Z Clean within 24 hours via email or fax. Should Client fail to return it within this time period, or not at all, then all parties shall agree that service was provided and to the satisfaction of Client. Client agrees to be bound by this stipulation.
Subject to the cleaning condition of the Premises upon arrival and in E-Z Clean’s sole judgment, in situations whereby Client will not be present to see the work in progress and/or to be there upon completion to sign-off on the “Confirmation of Provided Service” form then E-Z Clean reserves the right to reschedule the Service to another day.
5. SERVICE A) Client must notify E-Z Clean when ordering Service of any hazards, tricky surfaces, dangers or threats, built-in dirt, oil or crud located at the Premises. B) E-Z Clean reserves the right to decline Service for any reason. C) Only the designated areas consented to on the Estimate will be cleaned by E-Z Clean Service Providers. D) Client agrees to select Moving Clean cleaning type on all move-in and move-out cleans. E) Client agrees to select Post-Renovation Clean cleaning type on homes that have had recent construction or renovation work whereby such work has generated dust and/or the amount of dirt that is not associated with homes that have not had such recent construction or renovation work. E) Selected Add-on’s add both the duration of the assignment as well as to the overall cost. Each Add-on has its own perimeters with respect to what can be achieved within the allocated time based on the actual cleaning condition of the particular Add-on. In the case of cleaning inside of an oven, we allocate 1 hour to clean an oven that is considered to be of normal size and is considered to be a regular clean; an oven that is extra large or very soiled will take at least twice the amount of time to clean. For this reason there are two separate options to choose from on our website. The same thing applies to cleaning inside of a refrigerator, please be aware also that in older model refrigerators that have an ice-box or freezer that accumulates ice build up, the freezer compartment can only be cleaned if it has been defrosted or turned off the night before whereby allowing it to be cleaned. For cleaning inside of kitchen cabinets, our Service Providers can only clean inside when the contents have been removed the night before. In Instances when Client has not removed the contents then the Service Provider will do so however this may add to the time it takes to complete the overall assignment. Cleaning of Interior Windows includes the glass, and window sill. Older homes with wooden frames that are particularly dirty are not included in our rates but can be cleaned at an additional cost based on the type of cleaning service and the amount of estimated time the attending Service Provider estimates is needed.
6. PAYMENT A) Client agrees to pre-pay E-Z Clean for Service in accordance to directions on its website. The invoice amount will match to the Estimate provided on E-Z Clean website, plus any added services, if any, requested by Client. B) If payment is not made by the day of Service, with no alternative arrangements between the Parties in place, then Service will be considered as cancelled, and Client will be charged the full value of the Estimate. C) All payments must be made in US Dollar funds. D) Payments may be made via PayPal, debit or credit cards as noted. E-Z Clean will email Client a receipt of their payment transaction.
7. NON-ACCESS FEE A) Should E-Z Clean or its Service Providers be unable to gain entry to Premises and Client fails to return to Premises to let them in then Client agrees to forego entire payment for the scheduled Service. B) Should Client return to premises to let Service Providers in then Client will be charged a waiting fee of $35 / labor-hour that the Service Providers must wait until they are able to commence Service.
8. FEE ON NON-ACCESS TO PREMISES In the event that the Client does not accommodate unencumbered admission to the Premises for E-Z Clean or its Service Providers to accommodate the Service, the Client agrees to cost absolute agreed aloft fee for the appointed services.
9. COMPLAINT NOTIFICATION Client agrees to notify E-Z Clean within 24-hours of Service of any grievances relative to the services provided.
10. CANCELLATION Client recognizes that once their order and corresponding payment have been made on E-Z Clean’s website that their transaction is non-refundable, and non-cancellable. In cases where Client purchased a promotion coupon for discounted service such as Groupon or Living Social but forgot or failed to apply it on E-Z Clean’s website during the checkout process, and service has not as yet taken place, then E-Z Clean agrees to refund to Client, using the same payment method that Client used during the ordering process, the promotional value (if unexpired), or the amount Client paid to purchase the voucher (if expired), of the Groupon or Living Social (please note that E-Z Clean coupon codes, as displayed on its website, do not count as being refundable to Client if not selected at the time of placing the website order) but ONLY AFTER service has been completed and the Groupon code has been redeemed by E-Z Clean and corresponding payment from Groupon has been received. Groupon generates its reports and remittances on the 1st and 15th of each month, if these days fall on a holiday or a weekend then this takes place on the first business day thereafter in which case Client can expect to receive such refund from E-Z Clean by that next Wednesday. If service has already been provided then it is not possible for E-Z Clean to accept the unapplied coupon code and Client will need to use the coupon code against a future order. Should service not take place then there shall be no refund of the promotional value, or of the amount Client paid to purchase the voucher if expired, of unused coupon codes. Should Client cancel the Groupon or Living Social then no refund of the coupon’s promotional value will be made at all by E-Z Clean. Client may reschedule Service with 2 business-days’ notice preceding the beginning of the Service; for example for an assignment scheduled for Friday then such notice needs to be made by the end of business (6.00 PM EST) on Tuesday. Should less than 2 full business-days’ notice occur then Client consents to pay a cancellation fee of 100% of Estimate. Client accepts that it may only reschedule its cleaning service once. Any deviation to this clause, such as mitigating circumstances, is at E-Z Clean’s sole discretion in allowing Client to reschedule its cleaning service, subject to paying a $100 rescheduling fee. Any consented refund, again at E-Z Clean’s sole discretion, will be subject to a $100 cancellation fee charge.
11. USE OF COUPON CODES, including but not limited to Groupon/Living Social, require Client to select the corresponding configuration and cleaning type that matches to the promotion as advertised and in accordance to The Fine Print. For example, a Groupon promotion that is with Deep Clean service for 3+ bedrooms requires Client to select the number of bedrooms of 3 or more that matches to their home configuration, and Deep Clean service. If the said example coupon code is used, for example, for 2 bedrooms and Get It Clean service then this causes a mismatch that then requires E-Z Clean to create a manual invoice, which is time-consuming. Another example would be when using a “bundle” promotion, that is to say the combination of a cleaning type with an Add-on service e.g. Deep Clean and Interior Window Clean whereby both Deep Clean as the cleaning type, and Interior Window Clean add-on both need to be selected and correspond also to the number of bedrooms that match to the description of the purchased voucher or coupon code. In the event a manual invoice is created then Client agrees to be billed a $25 service charge, which at E-Z Clean’s sole discretion may be waived except in cases of refunds whereby this amount is not refundable. As explained in paragraph #10 above it is not the policy of E-Z Clean to issue refunds on orders that have utilized a coupon code on its website except in rare mitigating circumstances and at E-Z Clean’s sole discretion. Client may select to downgrade from Deep Clean to Get It Clean, or to upgrade from Get It Clean to Deep Clean as per E-Z Clean’s website functionality; however, E-Z Clean recommends downgrading only if the home is “moderately dirty”.
12. FORCE MAJEURE E-Z Clean bears no responsibility, nor liability, if unable to perform its obligations, or is otherwise delayed from doing so, as a result of any action beyond its reasonable control including, but not limited to, any of the following: A) E-Z Clean’s Service Providers are no longer available; B) Sabotage, terrorism, civilian commotion, riot, political anarchism or disturbance, invasion, war, threat or alertness for war; C) Fire, blast, storm/inclement weather and its after effects, surge, plague or characteristic physical fiasco; D) Immobility of railroads, shipping, aircraft, motor carriage or other means of transport whether public or private; E) Strikes, lock outs or other industrial action; F) any City, County, State or Government decree, statute or law having jurisdiction over the Parties.
13. INDEMNIFICATION A) Notwithstanding any stipulations in this Agreement and while E-Z Clean warrants it should use its best efforts to assure that the work performed is of the highest standard, no guarantee can be given by E-Z Clean in regard of the work; therefore, Client hereby consents to waive all claims for any harm or loss, including consequential losses, which it might generously have against E-Z Clean, its employees, agents, representatives, service providers, mandatories and other persons affiliated in some way or other to such work, such claims having emerged from any cause at all. B) Any fees or costs, whether legal or other, associated with the collection of unpaid sums owing to E-Z Clean by Client, are the responsibility of the Client.
14. INTELLECTUAL PROPERTY The content throughout this website, including but not limited to this written document, remains vested with E-Z Clean. All rights reserved 2019.
15. VARIATIONS/AMENDMENTS A) The Parties agreed to be bound by the terms and conditions of this Agreement, and that none may be amended or varied unless both Parties agree to such changes in writing and signed by both Parties. B) E-Z Clean maintains all authority to modify, redesign, or change these terms and conditions at any time with or without prior notice, such terms and conditions to take immediate effect upon being updated on its website. C) Client concurs that any utilization of Service taking place after any such change, whether as a solitary assignment or as a major aspect of a standard cleaning plan, constitutes their consent to take after and be bound by the terms and conditions as changed.
16. WELLBEING AND SAFETY RISKS A) Notwithstanding the commitments and guarantees, Client recognizes and concurs that: B) The Service Providers are permitted to evaluate the wellbeing and risk factors at the Premises before starting Service. C) The Service Providers, in their sole discretion and at any time upon arrival at the Premises, may decide to not utilize or stop utilizing any Client provided materials or cleaning hardware that represents a hazard to their wellbeing and security. D) The Service Providers, in their sole discretion and at any time upon arrival at the Premises, may decide to abandon Service should it appear to them conducting Service poses a risk to their wellbeing and safety. E) Should Client select “No” to the website question “Is your home’s current condition considered to be insanitary or extremely cluttered (Examples: nasty smell, hoarding, infestation (mice, rats, cockroaches, bugs, bedbugs, animal waste, human defecation) whereby it may pose a health threat to our cleaning professionals?” and it turns out to be a false representation in E-Z Clean’s sole judgment and whose decision will be final, then E-Z Clean reserves the right to cease its cleaning and to pull out its cleaning professionals thereby ending the assignment. Under such circumstances the customer’s payment is forfeited in the same respect that the assignment is cancelled outside of the permissable reschedule notice period. Client agrees to be bound by this stipulation.
17. COVID-19, FLU & OTHER ILLNESSES, INFECTIONS, DISEASES Client represents to E-Z Clean that it will take every precaution to distance themselves from E-Z Clean’s Service Providers during the Service; and shall, until such a time that they have been vaccinated against such sicknesses, that they will wear face masks in compliance with safety standards as set forth by the CDC and WHO https://www.who.int/emergencies/diseases/novel-coronavirus-2019/advice-for-public . E-Z Clean makes no representation to Client that its Service Providers are infection free but will make best efforts to ensure that its Service Providers wear face masks and gloves as part of their cleaning gear while the Pandemic is in effect. Client recognizes that E-Z Clean has no ability to instruct its Service Providers to vaccinate themselves once a vaccine comes to market and is readily available however it will do its best to recommend such vaccinations be taken at their earliest convenience. Client agrees to hold E-Z Clean harmless from any blame, innuendo, or suggestion in the event of contamination or contraction of Covid-19 or any other sickness that such sickness or infection originated from E-Z Clean’s Service Providers.
18. BREACH OF AGREEMENT A) Should any provision of this Agreement be breached by either of the Parties the injured party shall notify the offending party in writing of its complaint and allow the offending party 14 business days to remedy the complaint failing which the offended party shall have the right to: B) Allow the offending party an extension of time with which to remedy the complaint; C) Apply to a Court having jurisdiction requesting an order for specific action with or without damages; D) Terminate this Agreement and sue for damages.
19. LIABILITY LIMITATION In conditions where Client is qualified to recoup damages from E-Z Clean (including but not limited to fundamental rupture, carelessness, distortion, or other contractual claim), E-Z Clean is accountable for no more than the aggregate of the sums paid by Client under this Agreement. A) Neither of the Parties will be legally responsible for damages, whether indirect or consequential, or for losses of whatsoever nature. B) Any information, including but not limited to those that relate to its business, cleaning products, cleaning techniques, service providers, and operations, provided by E-Z Clean to Client during the Service or in its communications with Client will be for the Client’s utilization only. E-Z Clean bears no liability for any loss incurred by any third party who is provided with such information despite this provision and depends on it. C) The Parties concur that E-Z Clean’ commitment will conclude upon fulfillment of its last obligation, and that no responsibility whether direct or indirect will rest upon it for the impacts of any item or process that might be created by Client and any other third party, despite that the definition of such item or process might be founded on the consequences of the Project.
21. CLIENT REPRESENTATIONS/WARRANTIES Client represents and declares that: A) It will provide an environmentally safe workplace at the Premises for E-Z Clean Service Providers to carry out Service. B) E-Z Clean Service Providers will have unrestricted and unhampered access to those parts of the Premises requiring Service. C) Client agrees to provide E-Z Clean Service Providers with access to hot and cold water, electricity, and garbage bins in order for them to provide Service. D) Client agrees to furnish all customary and essential cleaning tools and supplies required by the Service Providers to provide Service, as referenced on its website, unless Client chooses to use the cleaning tools and supplies that E-Z Clean’s Service Providers bring with them. Usage of E-Z Clean’s Service Provider’s cleaning equipment and supplies may incur an additional charge as E-Z Clean may decide to levy in its sole discretion. E) All provided E-Z Clean cleaning tools and supplies remain the property of E-Z Clean. F) All Client provided cleaning tools and supplies are harmless, have not been interfered with and are fully operational. G) Client will notify E-Z Clean before Service begins of any threats, dangerous surfaces, hazards or peril, built-in dirt, oil or grime at the Premises H) Client maintains authority to use the Premises and obtain Service. I) Client agrees to safeguard or take away any delicate, breakable, flimsy, fragile, or valuable items, including but not limited to cash, jewelry, antiques, works of art, or items of sentimental significance before the start of Service.
22. NO ENGAGEMENT OF SERVICE PROVIDERS A) Client recognizes E-Z Clean invests heavily in enlisting, selecting and preparing its Service Providers. Unless Client receives written consent from E-Z Clean, Client represents it will not, directly or indirectly, hire, employ, engage, retain, appoint or contract with any E-Z Clean Introduced Service Provider for residential or commercial cleaning or housekeeping services to Client or any acquaintance or colleague of Client while services are provided by E-Z Clean or for a period of 24 months after Clients Last Service. B) Client recognizes that E-Z Clean will likely suffer economic loss and injury, including, without limitation consequential damage, should Client breach this clause.
23. Client agrees not to seek additional services directly from assigned Service Providers cleaning Client’s home beyond those that are part of Client’s submitted online order via E-Z Clean’s website. Should it be discovered that Post-Renovation Cleaning was provided but not part of Client’s order, or that any Add-on’s, as displayed on E-Z Clean’s check-out page, including but not limited to Cleaning Inside of Oven; Cleaning Inside of Refrigerator; Cleaning Inside of Kitchen Cabinets; Cleaning of Interior Windows; Laundry Wash & Fold; Clean Finished Basement; Clean Dishes, Load/Unload Dishwasher; Sweep Garage Floor; Steam Mop Floors; Vacuum & Wet Wipe Baseboards were performed then E-Z Clean shall invoice Client for such services as if they had been part of Client’s original order, and Client agrees to pay such invoice within 24 hours. Each service provided but not part of Client’s order will come with a $100 penalty which will be waived if Client’s payment for Post-Renovation Cleaning, or Add-on services is received within 24 hours. If payment is not received then E-Z Clean reserves the right to take legal action against Client to recover such amounts. Client agrees to be responsible for E-Z Clean’s legal fees, assessed to be a minimum of $2,500, final amount of which to be determined by a Court having jurisdiction over such legal proceeding and may indeed be significantly greater. E-Z Clean will grant Client a 7-day grace period with which to pay any presented invoice for Post-Renovation Cleaning or Add-On services that were provided but not part of Client’s submitted order. Should presented invoices not be paid within the 7-day grace period then E-Z Clean reserves the right to immediately proceed with legal action to recover such amounts, including its legal fees. This clause also extends to invoices covering the difference in the values of Groupon/Living Social coupon codes that are not used in accordance to Groupon’s Fine Print e.g. Deep Clean coupon codes that are applied to Get It Clean services, and/or the incorrect number of bedrooms corresponding to the purchased coupon codes.
24. NON-APPEARANCE In the event a Service Provider does not appear at the Premises within the designated 4 hour-window of Service and fails to deliver the prescribed Service with the exception of conditions as per paragraph 12, or issues relating to the safety of our Service Providers, the Parties mutually agree to reschedule the Service. As compensation to Client for any inconvenience, E-Z Clean will provide to Client the choice of a free interior oven clean, OR, a free interior refrigerator clean during the rescheduled appointment.
25. DOWNGRADED SERVICE Should provided service be different to the one Client ordered on E-Z Clean’s website then the difference will be invoiced to Client, if upgraded, that Client agrees to pay upon receipt of E-Z Clean’s invoice to them; or credited back to Client’s account, if downgraded (for example Deep Clean to Get It Clean; or Get It Clean to EZ-PZ Clean). The credit balance representing the difference will be applied towards the cost of a future order. It is not possible to issue Client will any refund in such cases and Client agrees to this stipulation.
26. SERVICE COMPLAINTS Client agrees to inform E-Z Clean of any dissatisfaction with the Service within 24 hours of its completion. E-Z Clean endeavors to resolve the problem in a quick and efficient manner and although it is not possible to offer a refund E-Z Clean will schedule with Client to re-clean any area free of charge. Such re-cleans must take place within 48 hours, failing that then E-Z Clean agrees to provide Client with the choice of either a free interior oven clean, OR, a free interior refrigerator clean on Client’s next order.
27. CLIENT TESTIMONIALS E-Z Clean welcomes and invites its Clients to post testimonials of their experiences with E-Z Clean whether on its website or in public forums. Client represents and warrants that any such testimonial and its content shall be factually correct and shall not contain false statements, or imply to 3rd party readers that something happened or did not happen through either inclusion or omission of a statement that does not include all of the facts. Client agrees not to create a distortion or fabrication of the facts whether in an act of rage, frustration, or retaliation whereby such distortion or fabrication can be perceived by E-Z Clean, or indeed by 3rd parties, to be an act of slander.
In the event of such instances, E-Z Clean shall first contact Client and advise Client of such comments that contain false statements and/or are considered slanderous and shall provide Client with opportunity to either a) remove such testimonial; or b) to edit it accordingly so that the false statements and/or slanderous innuendos are removed.
Client acknowledges posting a testimonial that contains false statements and/or slanderous innuendos will cause egregious harm to E-Z Clean’s reputation whereby other consumers who are considering E-Z Clean’s services may otherwise decide not to place an order for cleaning service as a result of reading such testimonial then E-Z Clean will likely suffer economic damages.
Client agrees that upon receiving such notice from E-Z Clean that it will, within 24 hours, remove or edit such testimonial so that it no longer contains false statements and/or slanderous innuendos.
Should Client fail to remove or edit the testimonial then E-Z Clean reserves the right to take legal action against Client for damages for an amount not less than $10,000. Client agrees to be responsible for E-Z Clean’s legal fees, assessed to be a minimum of $2,500, final amount of which to be determined by a Court having jurisdiction over such legal proceeding and may indeed be significantly greater. E-Z Clean will invoice Client in the amount of $2,500 towards its legal expenses that Clients agrees to pay upon presentation.
E-Z Clean will grant Client a 7-day grace period with which to resolve this matter to their mutual satisfaction failing which E-Z Clean reserves the right to immediately proceed with legal action.
28. EXCLUSIONS AND LIMITATIONS The state, condition, or quality of goods and services provided to Client by E-Z Clean with respect to conditions and warranties that are binding on E-Z Clean are those that are imposed and required by statute. To the degree allowed by statute, the obligation, assuming any, of E-Z Clean is, at E-Z Clean’ choice, restricted to and totally released by the resupply of Service. E-Z Clean is not responsible for: A) Not completing or providing the Service as a result of a breach of a warranty by the Client (including a failure by the Client to provide proper materials, cleaning equipment, utility services, a safe working environment or unencumbered access to the Premises); or B) Any damages caused by faulty cleaning supplies or cleaning tools furnished by Client; or C) Not finishing or undertaking Service for wellbeing and safety reasons; or D) Any liability to Client or any third party following the impact of a force majeure, whereby beyond E-Z Clean’ reasonable control; or E) Not finishing or undertaking Service due to a material event or omission by Client or any other third party at the Premises at the time of Service; or F) Existing wear and tear, stains, dirt, damage that can’t be totally cleaned or gotten rid of; or G) Any wear or staining of texture or surfaces turning out to be more noticeable once dirt or grime has been removed; or H) Any economic loss resulting from any damage or breakage to any property of Client (including collectibles, items of sentimental significance) or the Premises; or I) The replacement cost of a lost key or locksmith expenses, unless key was lost by E-Z Clean or its Service Providers; or J) All conditions and guarantees inferred by law in regard of the state, quality or state of the Service which may separate from this statement be binding on E-Z Clean, except as provided in this clause, are excluded; or K) Client recognizes that the aftereffects of any Service may differ contingent upon various variables (counting materials utilized, provided tools, time passed since Premises was last cleaned, and nature of required cleaning), and that E-Z Clean gives no assurance with regards to the real consequences of the Service; or L) Client agrees, as a prerequisite of E-Z Clean providing Service to Client, that E-Z Clean has no legal responsibility (including liability in negligence) to any individual for any economic loss or damage, whether consequential or otherwise, endured or brought about by that individual in connection to the materials or services furnished by E-Z Clean (counting any loss created by, or coming about straightforwardly or by implication from, any failure, imperfection or deficiency or any sort of defect in the supplies utilized or services furnished by E-Z Clean).