These terms and conditions constitute the full and complete service agreement (the "Agreement") between you (the "Customer") and Katie’s Power Washing ("KCC") of 1075 Landmark Cir, Lincoln, CA 95648 for the provision of services by KCC.
Please take some time to review this Agreement. Use of our services constitutes your acceptance of these terms and conditions.
1. Carpet, Upholstery and Other Cleaning Related Services
a. Subject to the terms of this Agreement, KCC agrees to provide carpet, tile, mattress, rug and upholstery cleaning, carpet repair/stretching, deodorization, ozone shock treatment, fabric protection application and other cleaning related services (the "Service") to the Customer at an address specified by the Customer (the "Premises").
b. The Service will be for such carpet, tile, mattress, rug and upholstery cleaning, carpet repair/stretching, deodorization, ozone shock treatment, fabric protection application and other cleaning related services as agreed with the Customer at the time of booking.
c. KCC will provide one or more Power Washing technicians (the "Carpet Cleaner") to attend the Premises to provide the Service at a time and date mutually agreed between KCC and the Customer (the "Service Time").
d. KCC endeavors to provide the Service faithfully, diligently and in a timely and professional manner.
2. Additions and Amendments
a. Any changes to the Service to be provided must be agreed by KCC prior to the Service Time.
b. If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact KCC by telephone, who may agree to provide the additional services at its absolute discretion. The Carpet Cleaner is not authorized to agree to any changes to the Service being provided unless the Carpet Cleaner is the owner, Michael Crossfield. The Customer must not request such changes directly from the Carpet Cleaner unless the Carpet Cleaner is the owner, Michael Crossfield.
3. Customer Representations and Warranties
The Customer represents and warrants that:
a. s/he will provide a safe working environment at the Premises for the Carpet Cleaner to perform the Service;
b. the Carpet Cleaner will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
c. s/he will provide the Carpet Cleaner with access to all services and utilities (including hot and cold water, HVAC-heating ventilation and air conditioning, electricity, trash bins and private use of rest room facilities) as required by the Carpet Cleaner to provide the Service;
d. s/he will advise KCC prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers.
e. s/he is authorized to use the Premises and obtain the provision of Service;
f. s/he will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewelry, works of art, antiques, or items of sentimental value prior to the commencement of the Service.
g. upon arrival, please tell the Carpet Cleaner of any allergies, health concerns or sensitivities to fragrances prior to the Service. We offer fragrance free cleaning detergents at no additional cost upon request.
4. Health and Safety Risks
In addition to the obligations and warranties set out in clause 3 above, the Customer acknowledges and agrees that:
a. the Carpet Cleaner is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Premises;
b. the Carpet Cleaner may, either before or during the provision of the Service not provide or cease the provision of the Service where carrying out the Service presents, in the absolute discretion of the Carpet Cleaner, a risk to health and safety.
c. moisture and chemicals on furniture, carpets and tile can present a slip hazard on walking surface areas, we ask that the Customer avoid any areas that we are cleaning, and will advise any other guests, residents or contractors of this hazard until the carpets and all walking surfaces are dry.
d. the Customer must agree to keep children, pets and/or dependents away from any equipment, chemicals or hot water being used during the performance of the Service. Children, pets and/or dependents must stay away from all equipment for the duration of the Carpet Cleaners attendance at the Premises.
e. the Customer must ensure that the environment that the Customer is inviting the Carpet Cleaner to work in, is a safe environment free from
electrical hazard, structural hazard and insect infestation (ex. fleas, ticks, roaches, bed bugs).
f. All cleaning solutions and chemicals used by the Carpet Cleaner should be considered poisonous and are not for human consumption or handling by anyone other than the Carpet Cleaner. Cleaners labeled or advertised as green, oxygen based, organic, safe, non-toxic, pet-friendly, child-safe should be consider poisonous, and are not for human consumption or handling by anyone other than the Carpet Cleaner.
g. upon arrival, please tell the Carpet Cleaner of any allergies, health concerns or sensitivities to fragrances prior to the Service. We offer fragrance free cleaning detergents at no additional cost upon request.
5. Bookings
a. The Customer may make a booking either in person, by telephone, or on the KCC Power Washing website.
b. At the time of booking the Customer must provide details of any hazards, slippery surfaces, risks or dangers including but not limited to insect infestations (ex. fleas, ticks, roaches, bed bugs).
c. KCC provides all estimates at the time of booking.
d. KCC reserves the right not to accept a booking for any reason.
6. Job Estimates
a. The actual price payable by the Customer may vary from the estimated price provided by KCC. Any variance between the actual price and estimated price will be stated to the Customer before the Service is performed.
b. Any price estimate by KCC is an estimate only based on KCC’s experience, without inspection, and based on information provided by the Customer unless a physical in-person estimate evaluation is performed by the Carpet Cleaner.
c. Estimates are valid for a period of 30 days from the date of the estimate.
d. The estimate we provide over the telephone or via email, or that the Customer obtains on the KCC website is based on information provided by the Customer to KCC, and in the absence of specific room or clearly definable descriptions will be based on standard room sizes/furniture descriptions. If the actual work to be performed is different to what has been estimated for, the price will vary accordingly.
e. The Carpet Cleaner may quote additional charges after inspection if there are extra rooms or areas that KCC were not informed of during the estimate process or if the condition of the carpet, tile, mattress, rug and/or upholstery to be cleaned or repaired is deemed to be different from the information provided by the Customer.
f. The Carpet Cleaner will confirm the price with the Customer before work commences via the Housecall Pro app.
g. When the Carpet Cleaner arrives at the Premises, they will inspect the areas the Customer has requested to be cleaned.
h. Maximum room size applies for advertised or estimated per room/area pricing structures. Maximum room size is 250 square feet and is based on a standard furnished room. Rooms less than 250 square feet will count as 1 standard room.
i. Upholstery cleaning prices are subject to the condition of the upholstery at the discretion of the Carpet Cleaner. Additional charges may apply for chaises, loose cushions, pillows or various fabric types.
j. Spot and stain removal is included in KCC cleaning price if removed by the standard steam cleaning process.
7. Stains and Carpet Repair
a. The Carpet Cleaner will inspect the carpet, tile, mattress, rug and upholstery for stains and repair needs before the Service commences.
b. Stains derived from bleaching agents, acids and permanent dyes may be permanent and cannot be removed with any treatment. In these instances, the Carpet Cleaner may recommend carpet repair to remedy the problem. Carpet repair is a separate and additional charge to the Customer. KCC and the Carpet Cleaner, does not guarantee stain removal for any stains or guarantee successful results from carpet repair.
c. KCC cannot be responsible for any pre-existing condition that is not apparent upon visual inspection of the Premises.
d. The Carpet Cleaner may deem it "unfeasible" to remove or repair a particular stain or mark on the carpet, tile, mattress, rug or upholstery when compared to the cost of replacement.
8. Cancellation Fees and Other Charges
a. The minimum charge for any Service is $59 for a single room. KCC may at its discretion charge an additional trip surcharge for travel to destinations outside its normal service area.
b. Surcharges may be charged on any Service booked for weekends, after hours, holidays or inclement weather.
c. The Customer must contact KCC by email at info@katiespowerwash.com, 24 hours prior to their actual scheduled appointment time, if they wish to suspend, reschedule, postpone or cancel the Service for any reason.
d. In the event that such notice has been given, KCC will endeavor to reschedule the Service if requested.
e. In the event that the Customer does not provide 24 hours notice prior to the actual scheduled appointment time, the Customer agrees to pay a cancellation fee of $59 for administrative costs and loss.
f.In the event the Carpet Cleaner is unable to provide the Service due to the property not being serviceable, the Customer agrees to pay a $59 cancellation fee for administrative cost and loss. This includes but is not limited to safety hazards, inability to access the property due to locked doors or lockbox codes not provided by the Customer or declining the Service because the carpet needs to be replaced.
9. Fee for Non-Access to the Premises
In the event that the Customer does not provide unencumbered access to the Premises for KCC or the Carpet Cleaner to provide the Service, the Customer agrees to pay a cancellation fee of $59 for administrative costs and loss of work.
10. Payment Terms
a. The Customer agrees to pay the price estimated by KCC in full prior to or at the Service Time, unless otherwise agreed in advance with KCC.
b. If no payment has been made at the Service Time, KCC will use reasonable endeavors to contact the Customer for payment. In the event that KCC cannot contact the Customer or payment is not made at the Service Time, KCC reserves the right to contact local law enforcement personnel to pursue legal charges against the Customer. KCC also reserves the right to pursue legal court proceedings in an attempt to collect monies owed at the Customer's expense. In addition to the amounts owed for services rendered, the Customer agrees to indemnify KCC for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by KCC in connection with a demand, action, contractors or mechanics lien, or other proceeding (including mediation, out of court settlement or any action taken for recovery of debt from the Customer) arising out of a breach of these terms including the failure by the Customer to pay an amount by the due date.
c. Payments may be made in cash, check, debit card, credit card, or apple pay.
d. Check payments should be made payable to Katie’s Power Washing. If a payment is made by check, then the Customer guarantees that there are sufficient funds in the checking account to meet the payment of the check. If for any reason whatsoever, the check is not honored, the Customer will pay all additional costs incurred by the company. The minimum charge the Customer will incur for each dishonored check will be $40.00.
11. Taxes
Where applicable, prices are subject to California state, County and local sales taxes.
12. Non-Appearance
If the Carpet Cleaner fails to attend the Premises within 3 hours of the Service Time without notice via telephone and does not provide the Service, KCC will provide the Customer with either:
a. a full refund of payments made by the Customer; or
b. offer to reschedule the Service at another time mutually agreed between the Customer and KCC.
13. Complaints
a. If the Customer is dissatisfied for any reason with the Service provided, s/he must inform KCC within 24 hours of completion of the Service in writing at mcrossfield@katiespowerwash.com. KCC strives to achieve 100% customer satisfaction and will endeavor to resolve the problem quickly and efficiently.
b. In the event of a customer complaint, the Customer undertakes to give KCC the opportunity to rectify all work. Subject to clause 15, KCC may, at its discretion, offer the Customer either of the following:
i. a partial or full refund;
ii. re-supply of the Service without charge;
iii. such other remedy as deemed appropriate by KCC.
14. Exclusions and Limitations
a. The only conditions and warranties which are binding on KCC in respect of the state, quality or condition of goods and services supplied by KCC to the Customer are those imposed and required to be binding by the state and laws of California.
b. To the extent permitted by statute, the liability, if any, of KCC is, at KCC’s option, limited to and completely discharged by the resupply of the Service. KCC is not responsible for:
i. not completing or providing the Service as a result of a breach of a warranty by the Customer in clause 3 (including a failure by the Customer to provide utility services, a safe working environment or unencumbered access to the Premises); or
ii. not completing or providing the Service as a result of the Carpet Cleaner not proceeding for health and safety reasons under clause 4;
iii. any loss or damage incurred by the Customer or any third party as a result of the effects of a force majeure, being any event beyond the reasonable control of KCC;
iv. not completing or providing the Service due to an act or omission of the Customer or any other person at the Premises during provision of the Service;
v. wear, damage or stains that cannot be completely cleaned or removed;
vi. any wear or discoloring of fabric or surfaces becoming more visible once dirt has been removed;
vii. any loss incurred as a result of any breakage or damage to goods, items of value (including antiques, items of sentimental value) or the Premises; or
viii. the cost of any key replacement or locksmith fees, unless keys were lost by KCC or the Carpet Cleaner.
c. Except as provided in this clause, all conditions and warranties implied by law in respect of the state, quality or condition of the Service which may apart from this clause be binding on KCC are excluded.
d. The Customer acknowledges that the results of any services provided may vary depending on a number of factors (including time elapsed since the Premises was last cleaned and nature of the carpet, tile, mattress, rug or upholstery cleaning or repair required), and that KCC gives no guarantee as to the actual results of the Service.
e. Except to the extent provided in this clause, KCC has no liability (including liability in negligence) to any person for any loss or damage, consequential or otherwise, suffered or incurred by that person in relation to the products or services provided by KCC (including any loss caused by, or resulting directly or indirectly from, any failure, defect or deficiency or any kind of or in the products used or services provided by KCC).
15. Indemnity
The Customer indemnifies KCC against:
a. all losses or liabilities arising directly or indirectly as a result of the provision of the Service including all losses or liabilities caused as a result of a breach of the warranties of the Customer set out in clause 3; and
b. all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by KCC in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal and including any action taken for the recovery of a debt from the Customer).
16. Accidents, Breakage, Damage & Theft
a. The Customer must inform KCC of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Carpet Cleaner within 24 hours of completion of the Service in writing at mcrossfield@katiespowerwash.com.
b. To the extent permitted by law, the Customer is not entitled to claim any loss for any incident if the incident is not reported to KCC via email (mcrossfield@katiespowerwash.com) within 24 hours of completion of the Service.
c. To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of KCC under these terms and conditions: cash, jewelry, art, antiques, and items of sentimental value.
d. KCC and the Carpet Cleaner will not be liable for damages as a result of uneven floor surfaces. Even floor surfaces are necessary to properly extract moisture and residual chemicals/soil from floor surfaces. KCC and the Carpet Cleaner will try standard cleaning methods to extract as much moisture and residual chemicals/soil from uneven floor surfaces but cannot guarantee results or be held liable for damages that result from failure to remove said moisture and residual chemicals/soil from floor surfaces.
e. KCC and the Carpet Cleaner will not be liable for damages as a result of lack of ventilation and/or properly functioning HVAC system at the Premises. Ventilation and/or properly functioning HVAC system is necessary to assist in the drying process of wet flooring surfaces. The Customer is responsible for managing ventilation and/or HVAC system functions to ensure the drying process continues without interruption. Failure to do so could result in damage to flooring surfaces and building structures and the Customer assumes all liability and responsibility for any damages which occur.
17. Ozone Shock Treatment
a. Ozone(O³) is a supercharged form of oxygen (O²). An oxygen (O²) molecule that we breathe has 2 oxygen atoms. Oxygen is naturally transformed into ozone by nature using lighting strikes and the UV rays from the sun striking the atmosphere of the earth. Ozone has been used as earth’s natural sanitizer for millions of years. Ozone is a very powerful oxidizer and while it will eliminate even the most robust volatile organic compound (VOC) odors associated with smoke, mold odors, urine, household odors, bio cleanup, petroleum fumes and cigarettes; it will kill all living organisms such as humans, animals, pets, plants, fish, reptiles and also damage natural rubber within the area of ozone operation. It is important that all living organisms vacate areas being treated with ozone. Failure for living organisms to vacate areas being treated with ozone will result in death. Ozone or O³ is one of the strongest oxidizing molecules known to man. By using ozone in a safe manner, many issues can be resolved. Ozone inside a structure is a great way to improve indoor air quality and overall quality of life. An ozone generator is used to generate ozone indoors. The ozone generator uses the oxygen atom as well as corona discharge or ultra violet (UV) light to create an ozone molecule. By using a UV lamp in the 185-254 nanometer wave length or an open high voltage arc with corona discharge module, ozone can be created. Corona discharge is the technology used to create very high levels of ozone. By using (UV) light or a high voltage arc that is passed through a glass or ceramic configuration an oxygen molecule is split into 2 separate oxygen atoms (O) and (O). Since the oxygen atom (O) is unstable it will bond itself with a remaining (O²) molecules and become and ozone molecules (O³). Once again, it is important that all living organisms vacate areas being treated with ozone. Failure for living organisms to vacate areas being treated with ozone will result in death.
b. During ozone shock treatments, KCC will take all reasonable measures to ensure the Premises to be treated are free from all living organisms. These measures include:
i. Educating the Customer on ozone, its use, dangers and requirement for all living organisms to vacate the Premises during its use;
ii. Conducting a walkthrough inspection of the Premises before ozone shock treatment begins to ensure all living organisms have been removed;
iii. Securing all exterior windows and doors to the Premises prior to ozone shock treatment to prevent re-entry by living organisms during ozone shock treatment;
iv. Obtaining all keys to the Premises and securing them in a KCC key lockbox. This lockbox will be affixed to the exterior of the Premises. Only KCC will know the access code to the KCC key lockbox;
v. Marking all exterior doors with red "Danger - Peligro" tape;
vi. Marking all exterior doors with signage that reads "Danger - Ozone In Use - Keep Out!";
vii. Contacting the Customer before ozone shock treatment begins as a reminder that the Premises must remain vacant during the ozone shock treatment application.
c. The Customer agrees that s/he will not attempt to gain access to the Premises during the time that ozone shock treatment is being administered at the Premises.
d. The Customer agrees to contact KCC in the event that entry must be made to the Premises during the ozone shock treatment.
e. The Customer assumes all responsibility and liability for any unauthorized entry to the Premises during the ozone shock treatment.
f. The Customer shall pay KCC full compensation for replacement of ozone shock treatment equipment (ozone generators and air mover fans) and/or any equipment which is not recovered because it is lost or stolen or cost to repair any equipment which is damaged and in need of repair to put it into the same condition it was in at the time of delivery. The Customer agrees not to remove ozone shock treatment equipment or try to operate it in any way. Ozone shock treatment equipment may only be removed and/or operated by KCC.
18. Photograph and Video Image Waiver
a. The Customer grants permission to KCC and The Carpet Cleaner the irrevocable and unrestricted right to produce and/or reproduce photographs and/or video images taken of The Premises, The Customer, residents of The Premises including children and pets, guest, employees and/or contractors, for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or in any medium including but not limited to all forms of social media. The Customer hereby release KCC and The Carpet Cleaner and its legal representatives for all claims and liability relating to said images or video. Furthermore, The Customer grants permission to use any statements that were given during The Service, with or without The Customers name, for the purpose of advertising and publicity without restriction. The Customer waives all rights to any compensation.
19. Termination
a. This Agreement may be terminated by the Customer by providing at least 24 hours’ notice prior to the Service Time.
b. Subject to clause 8(c), KCC may terminate this Agreement by providing the Customer with at least 24 hours’ notice prior to the Service Time.
c. KCC may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of KCC, that breach is incapable of remedy.
20. Changes to this Agreement
a. KCC reserves the right to update or modify these terms and conditions at any time without prior notice, and may do so by publishing an updated agreement on the Housecall Pro app and/or KCC website. Each updated agreement will take effect 24 hours after it has been published on the Housecall Pro app and/or KCC website.
b. The Customer agrees that any use of the Service following any such change, whether as a single job or as part of a regular Power Washing schedule, constitutes their agreement to follow and be bound by the terms and conditions as changed.
21. Law & Jurisdiction
The Customer and KCC acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of California, USA and both agree to submit to the exclusive jurisdiction of the courts of California, USA in the event of any dispute.
22. Severability
The Customer agrees that if any term or provision is held invalid, void or unenforceable, then that provision will be considered severable and the remaining terms and provisions shall continue to be binding.
23. Copyright
The content of this Agreement is protected by copyright laws and may be used for personal reference only. Subject to applicable law, permission to copy, alter, reproduce, publish, transmit and/or otherwise distribute this content is forbidden without first obtaining the prior written permission of Katie’s Power Washing.
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