TERMS OF SERVICES
#1 Floor Cleaning Company in Florida
THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THESE TERMS OF SERVICE PRIOR TO ENGAGING AMERICAN FLOORING SOLUTIONS. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE. PLEASE READ THESE TERMS AND THE ARBITRATION PROVISION SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS.
“Because good people like you deserve service from good people like us”
Section 1 – Introduction & Consent to Terms
Welcome to The Cleaning Pros of America Inc., a family-owned Bradenton-based cleaning company doing business as American Flooring Solutions (referred to herein as “American Flooring Solutions”, “we”, “us”, or “our”) Terms of Service (referred to herein as our “Terms”).
Thank you for choosing American Flooring Solutions for your carpet, tile and grout, and upholstery cleaning needs! These Terms set forth the terms and obligations between us, the company providing the Services, and you, our client (referred to herein collectively as the “Parties”).
All terms and obligations contained herein are legally binding. Your use of our floor cleaning, upholstery cleaning, stripping and waxing, emergency water retention, and fiber protection services (our “Services”) constitutes explicit acceptance of all of the terms contained herein.
Section 2 – Exploring Our Services & Initial Consultation
If you think American Flooring Solutions might be a good fit for your needs, please contact us to receive a quote for your proposed job(s). All of the quotes we provide are estimates only and are based on the estimated scope of work. While we endeavor to provide you with the most accurate quote possible, sometimes jobs end up being far larger than is represented to us or something out of our control may cause the quote we give you to increase.
Prior to charging you an increase in the quote provided, we will notify you of the increase in charge which you will be required to accept before we move forward. All increases, if any, will be invoiced to you at the end of your project(s).
Section 3 – Performance of Services
American Flooring Solutions agrees to perform the Services listed on your quote. If one or more of the services you need are not listed on your quote, it is your responsibility to ensure that all necessary work is included. Our quoted price is based on the services listed on your quote.
All work provided by American Flooring Solutions will be done by one or more of our agents. When you hire American Flooring Solutions to provide the Services, you are hiring American Flooring Solutions and not one of our employees, agents, or other workers.
All times provided for the Services are estimates only. While we do our best to ensure that we arrive on time, we cannot guarantee an exact time of arrival or departure. Sometimes issues do pop up which may cause us to be tardy, delayed, or require a rescheduling. If something does come up, we will endeavor to communicate to you as soon as we can.
We reserve the right to change the person or persons handling the Services for you. Any change in the person or persons handling the Services for you will not entitle you to a reduction in cost, a pause or cancellation of our services, or otherwise. If you request someone specific to provide our Services, we will do our best to provide you that person(s) but cannot guarantee their availability.
You agree to give American Flooring Solutions access to your home or other place where our Services will be provided. Any inability to provide the Services based on an inability to access your home or other place where our Services will be provided will be borne solely by you.
We recommend – but do not require – that you are present before and after our Services are finished so that you can review the job we performed and advise us if any changes are needed. If you are not present at the conclusion of our Services, our Services will be deemed completed and accepted by you upon us exiting your property.
At all times, American Flooring Solutions shall act in accordance with all applicable laws, rules, and regulations in performing the Services.
Section 4 – Terms of Purchase
Quotes are provided to you free of charge. Quotes expire after thirty (30) days. If you decide to move forward with us, we look forward to working with you!
We offer three options for purchasing our Services:
Flat Fee Services: We offer our Services to you based on a flat-fee agreement for the proposed work. The flat fee offered to you will depend on the nature of the work, the amount of time it takes to complete, the number of workers necessary, and other items at our sole discretion. The Flat Fee is subject to change based on changes in the nature of the work being performed (see, Section 2).
Square Footage: We also offer our Services to you based on the square footage of the area(s) being cleaned. All Square Footage Services will be provided to you on an ‘as-needed’ basis and at your direction.
Recurring Cleaning Services: We offer weekly and monthly recurring services (our “Recurring Cleaning Service”). Our Recurring Cleaning Service inclusions and costs will vary depending on your needs, customization, and a number of other factors in our/your discretion.
Each Recurring Cleaning Service plan is recurrent and will automatically renew without any action by you. You will be charged in accordance with the plan you select. If you want to terminate your Recurring Cleaning Service, you need to terminate our Services in accordance with these Terms. Each Recurring Cleaning Service is subject to the below provision titled Cancellation & Returns.
Section 5 – Deposit
If required, you agree to pay to American Flooring Solutions an initial deposit to reserve American Flooring Solutions for the selected dates, timeframe, or otherwise (a “Deposit”) in an amount to be determined by American Flooring Solutions, commensurate with the scope of anticipated work, difficulty, etc.
If required, the Deposit to American Flooring Solutions must be paid to American Flooring Solutions soon after engagingAmerican Flooring Solutions to perform the Services.
You understand and agree that if a Deposit is required, you will not reserve American Flooring Solutions until the Deposit is paid. Subject to the Cancellation section, below, your Deposit shall be non-refundable and shall be applied to the total balance owed. No interest will accrue on your Deposit.
Section 6 – Payment, Billing, Other
All prices for the Services are in U.S. Dollars. We accept most forms of payment, including but not limited to: cash, check, credit card, and debit card.
We reserve the right to change our Services or Recurring Cleaning Service at any time, including cost, provided that if we change the amounts or other charges associated with your Services, we will provide you thirty (30) days advance written notice of such changes. We reserve the right to reject our Services to anyone and for any reason. We also reserve the right to discontinue certain Services at any time.
When you provide payment information, you represent and warrant that the information you provide is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party payment card updating services to obtain current expiration dates on credit cards and debit cards.
By providing a credit card, you represent and warrant that you authorize us to charge your payment method for all charges you incur for your purchase of our Services. You agree that you are responsible to pay for and will pay for all such charges. If your payment is denied, you will be responsible for an administrative fee of fifty dollars ($50.00) which is not a penalty but rather is ‘liquidated damages’ for our reasonable administrative costs in contacting you for new payment, etc. Failure to keep a valid payment method does not constitute cancellation of a Recurring Cleaning Service and your subscription will continue until canceled in accordance with these Terms.
If you have enrolled in Recurring Cleaning Service, you expressly acknowledge and agree that: (1) American Flooring Solutions (or our third-party payment processing company or application) is authorized to charge you on a monthly or other basis for the price of your Recurring Cleaning Service, including taxes and other fees, for as long as your Recurring Cleaning Service continues; and (2) your Recurring Cleaning Service is continuous until you cancel it or we suspend or terminate the service.
You are responsible for all charges with respect to an untimely cancellation.
All invoices are due and payable within forty-eight (48) hours of receipt. Failure to pay an invoice, in full, within forty-eight (48) hours of receipt will cause that invoice, or part thereof, to accrue interest at three percent (1.5%) per month until paid in full. Once your invoice becomes thirty (30) days past-due, American Flooring Solutions may transfer your invoice, account, and any past-due payments to a collection agency or attorney. If your invoice, account, and any past-due payments are transferred to a collection agency or attorney, American Flooring Solutions shall be entitled to recover all costs and fees in collecting your past-due balance, including all reasonable attorneys’ fees.
Section 7 – Warranties of Services Performed
American Flooring Solutions represents and warrants to you that:
– The Services will be performed in a professional manner, consistent with or exceeding industry standards; and
– We have industry standard liability insurance covering issues that may arise from performance of the Services.
Section 8 – Cancellation, Refunds, and Our Satisfaction Guarantee
All cancellations or changes to the date of our Services must be made by you within forty-eight (48) hours of your scheduled start time. If you cancel at any time, we are entitled to keep your Deposit. If you cancel within forty-eight (48) hours of your scheduled start time, your Deposit will be applied to the next time you book with us but no refunds shall be due except at our sole discretion.
You may cancel your Recurring Cleaning Service at any time by calling us at 941-400-2254.
Our Satisfaction Guarantee:
We offer a satisfaction guarantee for all jobs we service (referred to herein as “Our Satisfaction Guarantee”). This means that if your job was not done to your satisfaction and if we are unable to re-do the work to your satisfaction, we will offer you a refund of all monies paid – no questions asked! Terms are listed below.
Our Satisfaction Guarantee will only entitle you to a refund of monies paid if you give us a chance to re-do the job performed and your dissatisfaction with our work remains after.
If you are still dissatisfied with the work we performed after we have been given a chance to re-do the work, we will refund you all monies paid within seventy-two (72) hours of your written notice of your continued dissatisfaction.
If you do not give us a chance to re-do the work performed, you will have no entitlement to a refund of monies paid.
Section 9 – Workplace Protections
Ensuring that our workers are safe while performing the Services is of utmost importance to American Flooring Solutions . Due to this, we do not permit the following work to be done:
– Cleaning of hazardous substances; – Cleaning of area(s) infested with insects or other animals (not pets); – Cleaning areas with mold or other toxins; or – Perform any other task(s) that could jeopardize the health, wellness, or safety of our workers, not to be unreasonable.
Section 10 – Limitations of Engagement
While we promise a high standard of quality when performing the Services, there are some limitations to our engagement, which include but are not limited to:
Pets: It is your responsibility to ensure that your pets are cared for. We do not assume any liability for the health and safety of your pets outside of gross negligence.
For example, if your pet drinks a cleaning solution while we are working and gets sick, this is unfortunately not something that we are responsible for nor can accept liability for.
Personal Property: It is your responsibility to ensure that all of your personal property can be cleaned with our cleaning solutions. It is also your responsibility to ensure that all valuables (think items that cannot be replaced) are pointed out to us or are removed from the cleaning area. We do not assume any liability for your personal property that is damaged as a result of being cleaned. It is your sole responsibility to ensure that (i) we are informed of what cannot be cleaned; and (ii) you remove said items from the cleaning area(s).
For example, if you have a specialized finish on your kitchen table that we are not advised of and that reacts poorly to our cleaning solutions(s), this is unfortunately not something that we are responsible for nor can accept liability for.
Fixtures: It is your responsibility to ensure that all of your fixtures and other home décor are in good working order. We do not assume any liability for your fixtures and other home décor that are not in good working order.
For example, if one of our agents sprays and wipes down your blinds, which falls and breaks from simple cleaning, this is unfortunately not something that we are responsible for nor can accept liability for.
Section 11 – Reviews
If you are happy with our Services, we highly encourage you to leave a review on an online platform of your choosing. Reviews are how potential clients see our past work and are part of how we continue to grow our business.
If you are unhappy with our Services and decide to leave a negative review on our page, please ensure that your review is truthful. We ask this for two reasons: first, each of the technology platforms explicitly prohibits untruthful reviews; second, because our company will sustain damages as a result of an untruthful review. Please be advised that if you leave an untruthful review on one of our online platforms, we reserve the right to go after you for any damage or loss sustained by us, including recovery of attorney’s fees. For your information, the state of Florida presumes damages when a false statement is made that implies a “lack of fitness for a particular business or profession”.
Section 12 – No Solicitation of Workers
By hiring American Flooring Solutions, you agree not to solicit or encourage any person(s) employed by American Flooring Solutions to not go through American Flooring Solutions and work with you, directly or indirectly. We require this due to the amount of time and effort we put into finding, interviewing, training, and managing our workers.
If you solicit or encourage our workers to not go through American Flooring Solutions and work directly with you, you expressly agree that American Flooring Solutions will incur irreparable damages as a result, the exact amount of which will be difficult to measure. Therefore, you agree that if you breach this Section, you agree to pay to American Flooring Solutions liquidated damages in the amount of one thousand dollars ($1,000.00) per violation, in addition to any other available remedies available to American Flooring Solutions . Both of us agree that this liquidated damages provision is not a penalty but a fair estimation of the damages American Flooring Solutions will incur as a result of your breach of this Section.
This paragraph was bargained for in hiring American Flooring Solutions to provide the Services.
Section 13 – Photographs for Promotional Purposes
By using American Flooring Solutions for the Services, you explicitly permit American Flooring Solutions to take photographs of the work performed for marketing, advertising, and promotional purposes, including on American Flooring Solutions’s Website and/or social media accounts. This includes before and after photos.
You will not be entitled to any royalty or similar from said use(s), if any. Nothing herein required the use of photographs taken before or after your job.
Section 14 – American Flooring Solutions Intellectual Property
The contents of our Website are protected by United States and international copyright laws. The contents of our Website are owned exclusively by American Flooring Solutions or licensed to us. You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material on our Website (the “Intellectual Property”) without our prior written consent. All rights not expressly granted in these Terms are reserved to American Flooring Solutions.
American Flooring Solutions and our name, logos, slogans, or otherwise are trademarks or service marks (“Marks”) of American Flooring Solutions. All rights in these Marks are reserved by American Flooring Solutions. You may not use any American Flooring Solutions-provided Marks or other logos or graphics, without our prior written consent.
Section 15 – Disclaimer
OUR SERVICES ARE PROVIDED ‘AS IS’ AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW OE AS INCLUDED IN THESE TERMS, AMERICAN FLOORING SOLUTIONS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES EXCLUDE ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
WE EXPRESSLY DISCLAIM ANY LIABILITY FOR LOSS OR DAMAGE SUSTAINED BY YOU AS A RESULT OF USE OF OUR SERVICES.
WHILE WE ENDEAVOR TO PROVIDE THE BEST SERVICES POSSIBLE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO SERVICE PROVIDED IS PERFECT. IF YOU ARE UNHAPPY WITH THE SERVICES PROVIDED TO YOU, PLEASE CONTACT US AND WE WILL DO OUR BEST TO RESOLVE YOUR ISSUE(S).
Section 16 – Limitation of Liability
American Flooring Solutions shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under these Terms.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT YOU PAID American Flooring Solutions FOR THE SERVICES.
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR SERVICES OR THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
Section 17 – Indemnification
Each party shall indemnify, defend and hold harmless the other and their directors, officers, owners, managers, employees and agents from and against any and all losses, damages, liabilities, reasonable attorney fees, court costs, and expenses (collectively “Losses”), joint or several, resulting or arising from any claims, actions, proceedings, or litigation relating to or arising from (a) use of the Services; (b) that party’s breach of these Terms; or (c) applicable law.
Section 18 – General Provisions
Entire Agreement. These Terms contain the entire agreement between you and American Flooring Solutions except for those inclusions found within a quote.
Waiver: The failure by American Flooring Solutions to enforce any provision of these Terms shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of these Terms.
Assignment: You may not assign, pledge, delegate, or otherwise transfer any of your rights or obligations under these Terms without American Flooring Solutions prior written consent.
Relationship: Nothing in these Terms shall create, or is intended to create an agency, employment, franchise, joint venture, or partnership relationship between you and American Flooring Solutions. American Flooring Solutions will be responsible for all tax withholdings and payments arising out of the Services.
Applicable Law/Dispute Resolution: These Terms shall be governed by the laws of the State of Florida. Except for non-payment by you or an untruthful review, all disputes arising from or in connection with this Agreement shall be subject to binding arbitration, through JAMS, the location of which shall be in Sarasota, Florida. The prevailing Party in any dispute arising out of these Terms shall be entitled to recover its/his/her reasonable attorney’s fees and costs.
Severability: If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.