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TERMS OF SERVICE

Welcome

By accessing this web site, you are agreeing to be bound by these web site Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

We are Tidy Keeper, LLC (“Tidy Keeper”) operates an online platform at www.tidy-keeper.com (the “Website”) through which customers (“Users”) can book a Service, by submitting a Booking Request. The customer then matches the most suitable provider to the Booking Request.

Tidy Keeper does not offer the Services through a third party nor hire contractors to facilitate the cleaning. 

Tidy Keeper periodically reviews the Terms of service and reserves the right to change the Terms, without any notice to you, by updating this document. You should review this document, as available on the Website, regularly as any changes to the Terms take immediate effect from the date of the publication on this document. Your continued use of the Website after any such changes are made will be deemed to constitute your acceptance of those changes.

  1. Authority

By using the Services, you state that:

you can form a binding contract with Tidy Keeper ;

you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations; and

you understand that Tidy Keeper is protected by relevant trademark and copyright laws. If you are using the Services on behalf of a business or some other entity, you also state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.

  1. Services

A. Our Services Generally

Tidy Keeper agrees to provide you with the Services and you agree to pay the quoted price for the Services, unless otherwise agreed to in writing.

B. Cleaning Supplies and Equipment

We use and provide environmentally friendly supplies and nearly all equipment required for cleaning your apartment, with a few exceptions. Unless specifically stated in writing by Tidy Keeper, we do not provide:

  • vacuum;
  • conventional mop and bucket;
  • step stool;
  • toilet brush; 
  • detergent;
  • dish soap/ dishwasher pads;
  • specialty products, including, but not limited to:
  • heavy-duty bathroom cleaner;
  • wood cleaner;
  • bleach;
  • stainless steel cleaner.

We are happy to use these items if provided by you and left out in clear view for our cleaning staff and accompanied by directions on their use.

In addition, Client must provide running water, electricity, sufficient lighting and heat/air  conditioning, depending on weather conditions.

C. Safety

We strive to foster a safe environment for everyone. Our cleaning staff are employed, background checked, insured & bonded, and professionally trained. We reserve the right to remove our employees from your home should the environment be/become unsafe.

By using the Services, you agree to assist in fostering a safe environment by:

-identifying fragile items and communicating this to our cleaner or our customer service team prior to the start of your cleaning appointment;

-accounting for and securing all valuables prior to the start of your cleaning appointment;

-notifying us of pets and, if necessary, placing them in designated enclosures that would not threaten our staff or impede our Services;

-removing any biohazards, including, but not limited to, human bodily fluids, animal waste, rodent feces, live/dead insects, and sharp bio-products (needles, IV tubing, etc.);

-ensuring that all safety measures outlined in our Safety Protocols are adhered to;

-not requiring or requesting the lifting or moving of furniture or heavy items; and

-ensuring construction or renovation work (including touch-ups) has been completed, all contractors have left, and all equipment has been removed – prior to our arrival.

In the event that you don’t comply with this Section 2(C), we may direct our staff to leave your location (at the discretion of management), and our Cancellation Policy (which is explained below) will apply.

D. Cancellation/ Rescheduling Policy

We assess a cancellation fee of 50% of the total service cost less tips to appointments not canceled/rescheduled 24 hours before the appointment.

If you have a recurring service, you’ll still need to cancel/reschedule an appointment 24 hours before any particular appointment in order to avoid a cancellation fee, but you may cancel any later future appointments with no additional fee.

You cannot amend, extend or cancel a Booking during the performance of the Services.

Finally, please note that if our Services are provided under a separate written agreement with you, if any part of that agreement conflicts with these Terms, including a separate cancellation/rescheduling policy, that cancellation/rescheduling policy (and not this Section 2(D)) will apply to you.

E. Damages

Our cleaning staff will conduct themselves professionally in your home. In the rare event accidental damage occurs, you’ll need to notify our office within 24 hours of when the appointment is completed either by email (contact@tidy-keeper.com) or by phone (347-797-57-97), provide us with a photo and estimate of the damages, and be available to be contacted. We cannot guarantee reimbursement for damages that do not comply with this paragraph. Further, for potential caulking and grout damages, Tidy Keeper does not assume responsibility for the restoration of severely worn, stained or mildewed caulking and grout.

Tidy Keeper reserves the right to contract suitable professionals to repair damages, and will make payment arrangements directly with its contractors to settle any damage repair.

F. Pricing and Discounts

Tidy Keeper may change the pricing and discounts of its Services (“Pricing or Discount Change”) in its sole discretion and at any time. Any Pricing or Discount Change will become effective immediately, unless stated otherwise.

Most of the time, Services booked before the time of the Pricing or Discount Change (“Existing Services”) will retain the original pricing as long as no modifications are made to the Existing Services. Any modifications to the Existing Services will void the original pricing of the Existing Services and the price of the Existing Services will be subjected to the Pricing or Discount Change.

In the case that Existing Services are not modified but are nonetheless subject to a Pricing or Discount Change, Tidy Keeper will send an email advising the client of the Pricing or Discount Change. Failure to receive or save an email announcing the Pricing or Discount Change will not invalidate that Pricing or Discount Change.

Just so you know, accurate and up-to-date pricing will always be stated on your dashboard.

Your continued use of the Services after the Pricing or Discount Change comes into effect constitutes your agreement to pay the price modified by the Pricing or Discount Change.

G. Payment

You agree that at the time of Booking, your payment details will be transferred to Tidy Keeper’s secure payment gateway. Tidy Keeper may check the availability of funds on your nominated payment method to ensure sufficient funds are available.

Upon the successful completion of the Services, you agree to the automatic debit of the Payment Amount to your nominated payment method. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.

A Booking will be considered complete at 5pm the day after the Booking commenced. This window of time is provided to allow the customer to raise any issues or complaints with the service. Should Tidy Keeper not be notified of any issues it would charge the customer the full amount. Any complaints raised outside of this window will be handled at the discretion of Tidy Keeper.

Tidy Keeper, on behalf and in the name of the Business, will issue you with an invoice.

H. Refer-a-Friend

Tidy Keeper customers with active accounts are eligible to earn up to $200 per year in account credits through the “Refer-A-Friend” program by referring new customers to Tidy Keeper. If you expect to accumulate credits in excess of $200,  please contact us contact@tidy-keeper.com to arrange a special accommodation.

In addition, to qualify for this program, the referred customer (“Friend”) must provide the referral code of the referring customer (“Referring Customer”) at the time that the Friend books the appointment that they want to use the referral code on. Further, the Friend must:

be 

  • *a new customer;
  • *not be the roommate, spouse, or cohabitant of any existing Tidy Keeper customer and cannot be part of the same home or household of any existing Tidy Keeper customer;
  • *not book a clean in the same location as the Referring Customer’s location;
  • *not use the same billing information as the Referring Customer;
  • *not have the same phone number as the Referring Customer; and
  • *not create multiple email addresses, Tidy Keeper accounts, or any other aliases in order to take advantage of the Referring Customers referral code. 

Further, the Referring Customer must not post their code to a coupon site (e.g., retailmenot or anything similar). If Tidy Keeper discovers a code on such a site, we may immediately terminate your Refer-a-Friend Program privileges, and void any and all previously accrued credits.

Credits are credited to the Referring Customer account only after the Friend has booked their appointment using the Referring Customers referral code and the Friend has paid for such appointment. Once received, credits may only be applied towards future appointments and cannot be retroactively applied to previous or existing appointments. Credits are not transferable and are not redeemable for cash.

Credits and discounts will be removed if any of the conditions above are violated. Continued non-compliance with the Refer-a-Friend program will result in the permanent ban of the Services.

The value of any discount obtained through the Refer-a-Friend program and its credits are subject to change without prior notice.

I. Refund Policy

We do not typically offer refunds.

Nevertheless, as a customer friendly organization, we are happy to evaluate refund claims.

To file a refund claim, please email us at contact@tidy-keeper.com within 24 hours of the completion of the Original Clean.

Finally, please note that if our Services are provided under a separate written agreement with you, if any part of that agreement conflicts with these Terms, including a separate refund policy, that refund policy (and not this Section 2(H)) will apply to you.

J. Pictures/videos publication

By accepting out terms of service you agree that pictures taking before/after the service might be used for publication. No photos of private areas such as bedrooms will be used without your separate permission.

  1. Solicitation of Our Cleaners and Employment Practices

We invest heavily in training and background screening to find quality employees for our Services. Hiring our cleaners (current or those employed by Tidy Keeper within the previous 24 months) and/or offering/receiving side propositions while you’re using the Services for up to 18 months after your last appointment with Tidy Keeper makes you liable for a $25,000 employment referral fee. By using our Services, you agree to notify us of any attempts to solicit or accept illegal services. If you breach this Section 3, attorney, legal, and miscellaneous expenses incurred to investigate and/or collect this fee will be added to your employment case when discovered. Please note that exchanging contact information is considered part of a breach of this Section 3.

Direct, unreported or inappropriate employment practices, unless they comply with law, are illegal. Tidy Keeper is obligated to report illegal hiring activities. Implication, complicity or withholding knowledge of illegal activity is not only prosecutable by Tidy Keeper, but also generally under United States federal, state, and local laws.

  1. Account

A. Tidy Keeper operates the Website as a third party facilitator for the Services and provides you with the platform to book the Services. All bookings are subject to Business availability.

In order to use this Website and make a Booking, you must first agree to the Terms.

You accept the Terms by clicking to accept/agree to the Terms of Service, when you book a Service on Tidy Keepers’s website.

B. User Profile

You will be required to register your personal information, including your name, address, phone number and payment details on the Website in order to book a Service.

You will be issued with a username and password which are linked to your User Profile. The username and password are personal to you and are not transferable. You are responsible for all information posted on or transmitted via the Booking System by anyone using your username and password and any payments due for the Services acquired through the Booking System by anyone using your username and password. 

In addition to exercising common sense, you agree to:

-not create more than one account for yourself;

-not create another account if we have already disabled your account, unless you have our written permission to do so; and

-not share your password.

You should notify us of any breach of security of your username and password immediately.

Tidy Keeper may delete or block User Profiles at its own discretion. Blocked users are prohibited from setting up a new User Profile.

Booking System

 To make a Booking you must login to your User Profile and use the Booking System to request a Service. There is a minimum two (2) hour duration for the Hourly Service. You will receive a Booking request confirmation receipt from Tidy Keeper after submitting your Booking request.

Tidy Keeper will then make your contact details, location, requested time and the scope of the Service available to our business network. An available Provider will then confirm their acceptance of the Service.

When a Service is confirmed by a Provider, Tidy Keeper will issue you with an acceptance email.

If the requested Service cannot be facilitated, Tidy Keeper will arrange an alternative time for the Service with you and a Provider.

You are not permitted to engage the Provider of a Services other than through the Booking System on the Website.

The Booking System is provided on the Website to enable you to make legitimate Bookings and to make payments for those Bookings, and for no other purposes.

You confirm that you are at least 18 years of age and possess the legal authority to use the Booking System in accordance with these Terms. You also agree that all information supplied by you in using the Website and the Booking System will be true and accurate at all times.

Any speculative, false or fraudulent Booking is prohibited. You agree that the Booking System will only be used to make legitimate Bookings for you or another person for whom you are legally authorized to act. You acknowledge that abuse of the Booking System may result in you being denied access to the Booking System.

Tidy Keeper has the right at any time to add, change or withdraw functions available on the Website at its own discretion.

  1. Rating / reviews

You can post a review on the Website for the Services provided (“Reviews”).

Review must be based on demonstrable facts. They must be written fairly and objectively and must not contain any content which is offensive or abusive, liable to criminal prosecution or otherwise unlawful (e.g. content which infringes third parties’ intellectual property rights). Reviews ,which violate this clause, will not be published or will be deleted. Reviews will identify the User that has posted the Review.

By leaving a Review , you grant Tidy Keeper, free of charge, the usage rights to the text of the Rating without any territorial or time limitation.

Tidy Keeper will have the right to deal with the Review in any manner it sees fit, including using it for further rating services, passing it on to third parties or publishing it.

Unjustified multiple Reviews ,which attempt to have a distorting influence on the rating system, are prohibited.

  1. Privacy and Security

Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that Tidy Keeper can collect, use, and share your information in a manner consistent with that policy.

If you feel that we’re not following our Privacy Policy, you may contact us either by email (contact@tidy-keeper.com) or by phone (347-797-57-97).

  1. Data Charges and Mobile Phones

You are responsible for any mobile charges that you incur for using our Services (including our Electronic Services) including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using our Services (including our Electronic Services).

If you change or deactivate the phone number or email address that you used to create an account, you must update your account information through your dashboard within 24 hours to prevent us from sending to someone else messages intended for you.

  1. Modifying the Services and Termination

We may add or remove features, products, or functionalities to our Services, or suspend or stop the Services altogether. We may take any of these actions at any time without prior notice.

While we hope you remain a lifelong customer, you can terminate the Services at any time and for any reason by deleting your account. Our Cancellation Policy will apply to appointments canceled after 24 hours before any canceled appointment.

Tidy Keeper may also terminate the Services it provides you at any time, for any reason, and without prior notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to an outstanding balance or prolonged inactivity, and we may reclaim your username at any time for any reason.

Regardless of who terminates the Services, both you and Tidy Keeper continue to be bound by Sections 1, 3, 5, and 9-16 of these Terms.

  1. Waiver of Liability 

 IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD  PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE CLEANING SERVICES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,  INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR DAMAGES FOR LOSS OF  PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA). THIS LIMITATION OF  LIABILITY SHALL APPLY EVEN IF THE COMPANY SHALL HAVE BEEN ADVISED OF  THE POSSIBILITY OF SUCH DAMAGES OR IS NEGLIGENT, AND REGARDLESS OF THE  FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. 

  1. Indemnification

The Client agrees to indemnify and hold harmless the Company, its subsidiaries, affiliates,  officers, agents, and representatives, and its and their officers and employees, from and against  any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and  expenses (including, without limitation, reasonable attorneys’ fees and disbursements and court  costs) arising from or in connection with the cleaning services provided by the Company; your  violation of these Terms and Conditions or any other agreement with the Company, or your  violation of any rights of any third party. 

  1. Miscellaneous

A.The validity, construction, interpretation, and effect of these Terms and Conditions and any  other agreements contemplated or referenced herein shall be governed by the laws of the United  States of America and the State of New York, without regard to principles of choice of laws. Each  of the parties hereto hereby consents that any action or proceeding arising out of or relating to  these Terms and Conditions or the arrangement described herein shall be commenced and  maintained exclusively in the Supreme Court of the State of New York, in and for the county of  New York. 

  1. If any provision of these Terms and Conditions shall be deemed invalid or unenforceable  as written (an “Invalid Term”), it shall be construed, to the greatest extent possible, in a manner  that shall render it valid and enforceable, and any limitations on the scope or duration of any such  provision necessary to make it valid and enforceable shall be deemed to be part thereof. If any Invalid Term cannot be modified as stated in the preceding sentence, such Invalid Term shall be severed from these Terms and Conditions and all other terms and provisions shall remain  in full force and effect.

 C.The failure of the Company to insist upon strict adherence to any term or provision of these  Terms and Conditions on any occasion shall not be considered a waiver thereof or deprive the  Company of the right thereafter to insist upon strict adherence to that term or provision or any other term or provision of these Terms and Conditions.