Glisten & Gleam Terms & Conditions

Updated 3/23/2022

BACKGROUND:
The Client is of the opinion that Glisten & Gleam has the necessary qualifications, experience and abilities to provide services to the Client. Glisten & Gleam is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement. IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and Glisten & Gleam (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
Services Provided
The Client hereby agrees to engage Glisten & Gleam to provide the Client with services (the "Services") consisting of: Residential Cleaning Services. The Services will also include any other tasks which the Parties may agree on. Glisten & Gleam hereby agrees to provide such Services to the Client.

Term of Agreement
The term of this Agreement (the "Term") will begin on the date of this Agreement of Client booking and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement/Booking. The Term of this Agreement may be extended by mutual written agreement of the Parties.
In the event that either Party wishes to terminate this Agreement prior to completion of the Services, that Party will be required to provide at least one day's notice to the other Party.

Performance
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

Cancelation
When you book an appointment, that time is reserved for you and only you. If you need to cancel, please notify Glisten & Gleam as soon as possible. Less than 24-hour cancellation notice will result in a charge of $50. If Glisten & Gleam cancels your appointment for inclement weather/road conditions or other reasons, no cancelation fee will be assessed to the Client.

Currency
Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD.
For the services rendered by Glisten & Gleam as required by this Agreement, the Client will provide compensation (the "Compensation") to Glisten & Gleam as follows:
Quote based on estimate built on home sizing/rooms on our application form.  We have the right to change prices upon arrival and viewing of home cleanliness and size. We have the right to refuse service if client has been misleading in their information about their home.
Glisten & Gleam reserves the right to refuse service if a customer's home poses a Health and Safety risk to our staff. We will decline service and a cancellation fee may be applied. Glisten & Gleam does not and will not clean materials deemed bio-hazardous. Bio-hazardous materials include but are not limited to: human and/or animal blood, human and/or animal excrement, Stachybotrys Chartarum (black or toxic mold), used contraceptives or hypodermic needles. Staff Health and Safety is Glisten & Gleam’s top priority.
The Compensation as stated in this Quote includes sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation.
Reimbursement of Expenses
Glisten & Gleam will be reimbursed from time to time for all reasonable and necessary expenses incurred by Glisten & Gleam in connection with providing the Services hereunder.
The Contractor will furnish vouchers to the Client for all such expenses.
Confidentiality
Confidential information (the "Confidential Information") refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
Glisten & Gleam agrees that it will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which Glisten & Gleam has obtained, except as authorized by the Client. Glisten & Gleam further agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any personal information of the Client, without the prior written consent of the Client. This obligation will survive the expiration or termination of this Agreement and will continue indefinitely.
All written and oral information and materials disclosed or provided by the Client to Glisten & Gleam under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Glisten & Gleam.

Return of Property
Upon the expiry or termination of this Agreement, Glisten & Gleam will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.

Capacity/Independent Contractor
In providing the Services under this Agreement it is expressly agreed that Glisten & Gleam is acting as an independent contractor and not as an employee. Glisten & Gleam and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
Notice
All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement.

Indemnification
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

Insurance
Glisten & Gleam will be required to maintain general liability insurance including coverage for bodily injury and property damage at a level that would be considered reasonable in the industry of Glisten & Gleam based on the risk associated with the characteristics of this Agreement and only to the extent permitted by law. All insurance policies will remain materially unchanged for the duration of this Agreement.

Legal Expenses
In the event that legal action is brought to enforce or interpret any term of this Agreement, the prevailing Party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action.

Modification of Agreement
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

Time of the Essence
Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

Assignment

Glisten & Gleam will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
Entire Agreement
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
Enurement
This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted assigns.

Titles/Headings
Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

Gender
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law
It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the USA, without regard to the jurisdiction in which any action or special proceeding may be instituted.

Severability
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Additional Clauses:
We use videos and photos of homes we clean to market on Instagram and Facebook or other social media accounts, by booking a cleaning with us, you agree to allow your home displayed on our social media platforms. If you would not like your home photographed or videoed, you must let us know via email.
We do not reimburse, repair or replace any items that may be damaged during a clean. Please understand this is a risk you accept as home owner by allowing us into your home. You accept this risk by booking us. If you have anything in your home that is irreplaceable, you are prompted to remove or keep in an area that is not being cleaned.
We do not repair floors scratches, we will only move or lift furniture that is safe to do so, furniture must have foot protection.
We require full payment up front in order to dispatch a crew.
In the event that you add on services during a clean, quote will be adjusted and payment is required immediately.
Failure to pay your invoice will result in a 20% compounded interest late fee after 15 days. After 30 days your invoice is sent to our collection agency.

Waiver
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this ________________ day of ________, ________.
By entering into this agreement “the Client” is aware on March 11, 2020, the World Health Organization (WHO) declared the novel coronavirus (COVID-19) outbreak a “Pandemic” (the COVID-19 Pandemic). Due to its capacity to transmit from person to person through respiratory droplets, the government has set recommendations,guidelines and some prohibitions which Glisten & Gleam adheres to comply. By entering into this “Agreement” the “Client” acknowledges the risks involved and hereby releases, waives Glisten & Gleam and its employees from any and all liabilities,claims (current and future),demands,actions and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage,injury or death that may be sustained related to COVID-19.