MagiClean Maid Services LLC Terms of Service Agreement
We are MagiClean Maid Service LLC. (“MagiClean”), and we’re excited you’ve selected to use our services, including, but not limited to, our technologies or functions offered on our website and all associated sites, customer assistance partners, cleaners, and third-party merchants, all of which we refer to simply as the “Services.”
These Terms of Service (“TOS”) are just so you’ll know the rules that govern our relationship with you. Although we’ve done our best to strip the legalese from the TOS, there are places where these may still read like a conventional contract. There’s a good reason for that: these Terms form a legally binding contract between you and MagiClean, so please read them thoroughly.
By using our services, you state that:
• you can form a binding contract with MagiClean;
• you will comply with the TOS and all applicable local, state, national, rules, and regulations; and
• you understand that MagiClean is protected by relevant trademark and copyright laws. If you are using our services on behalf of a business or some other entity, you also state that you are authorized to grant all licenses set forth in the TOS and to agree to the terms of the TOS on behalf of the business or entity.
A. Our Services Generally
MagiClean 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 residence, with a few exceptions. Unless specifically stated in writing by MagiClean, we do not provide:
conventional mop and bucket
toilet brush; or
specialty products, including, but not limited to:
heavy-duty bathroom cleaner;
stainless steel cleaner.
But we are happy to use these items if it provided by you and left out in clear view for our cleaning staff and accompanied by directions on their use. In addition, MagiClean requires that you have running water in order to properly perform our Services.
C. Platinum Clean Guarantee
If you’re not satisfied with your original clean, you can request a free reclean either by email (***CustomerService@MagiClean.biz***) or by phone (718-785-3052) as long as the Original Clean was completed within the past 48 hours of the Reclean Request and the Free Reclean is scheduled and completed within 72 hours of the Reclean Request.
In addition, the following types of appointments or items are not eligible for our Platinum Clean Guarantee:
items not on the **49** Point Checklist;
free clean appointments;
other Free Recleans;
places not in standard condition;
There is no limit on how many Free Recleans you can receive over the course of your relationship with MagiClean. With that said, we reserve the right to require additional time and payment for future cleans and/or void our Platinum Clean Guarantee for future clean if Free Recleans are requested excessively.
Please note that if you receive a Free Reclean, any extra Services you add to that Free Reclean that were not part of the Services included within your Original Clean are not part of our Platinum Clean Guarantee and you will be charged for them.
We strive to foster a safe atmosphere for everyone. Our cleaning staff is contracted, background checked, insured & bonded, and professionally qualified. We reserve the right to remove our employees from your home should the environment be/become unsafe. That’s where you come in. By using the Services, you agree to assist in promoting a safe atmosphere by:
identifying breakable items and telling 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 arrangement;
informing us of pets and, if necessary, placing them in designated places 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.);
not requiring or inquiring 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 the cleaner’s arrival.
In the event that you don’t comply with this Section, our Platinum Clean Guarantee will be voided, we may direct our staff to leave your location, and our cancellation policy will apply.
E. Our Cancellation Policy
We assess a $50 cancellation fee to appointments not canceled by 5PM EST the day before the appointment unless that clean is a specialty clean. To be clear, if you have a recurring service, you’ll still need to cancel an appointment before 5 PM EST the day before any particular appointment in order to avoid a cancellation fee, but you may cancel any later future appointments with no additional fee. The cancellation fee can be waived if you reschedule an appointment no less than 7 days later. Appointments that have been rescheduled can only be rescheduled once to avoid the cancellation fee. 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 policy, that cancellation policy will apply to you.
Our cleaning staff will convoy themselves in the most professional way in your home with the utmost care. In the rare situation that an unexpected loss happens, you’ll need to notify our office within 24 hours of when the appointment is completed either by email (email@example.com) or by phone (718-785-3052), 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 section. Further, for potential caulking and grout damages, MagiClean does not assume responsibility for the restoration of severely worn, stained or mildewed caulking and grout. Except in emergencies such as plumbing damage, you must not try and repair or replace the damage for which you are seeking reimbursement for.
MagiClean reserves the right to contract suitable professionals to repair damages and will make payment arrangements directly with its contractors to settle any damage repair.
G. Pricing and Discounts
MagiClean may change the pricing and discounts of its Services 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 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, MagiClean 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. 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.
3. Solicitation of Our Cleaners and Employment Practices
We invest in training and background screening to find quality employees for our Services. Offering/receiving side propositions, while you’re using the Services for up to 12 months after your last appointment with MagiClean, makes you liable for a $1,000 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, attorney, legal, and miscellaneous expenses incurred to investigate and/or collect this fee will be added to your employment case when discovered. Direct, unreported or inappropriate employment practices, unless they comply with the law, are illegal. MagiClean is obligated to report illegal hiring activities. The implication, collusion or withholding knowledge of illegal activity is not only prosecutable by MagiClean, but also generally under United States federal, state, and local laws.
Credits and discounts are not transferable between accounts and are not redeemable for cash. The account(s) will be deactivated and all associated credits and discounts will be removed if any of the conditions above are violated. If you think that someone has gained access to your account, please immediately reach out to us at CustomerService@MagiClean.Biz.
4. Electronic Services and Licenses
MagiClean grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sub licensable license to access and use our desktop and mobile website, Facebook page, and other related electronic services. You may not use the Electronic Services or the content on the Electronic Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so. Our Electronic Services may let you post, send, receive, upload, store content, or provide feedback or suggestions (“Content and Feedback”). When you do that, you retain whatever ownership rights in that Content and Feedback you had to begin with, but just know that you’re giving us a license to use that Content and Feedback too, without compensating you.
5. Privacy and Security
6. 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. 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.
7. Third-Party Entities
We have not reviewed all content that may link or refer to our Services and are not responsible for the content generated by third-party entities. The inclusion of any reference to MagiClean by third-party entities does not imply endorsement by us. Use of any such content is at your own risk.
8. 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 believe you remain a lifetime customer, you can terminate the Services at any time and for any reason by canceling your account. Our Cancellation Policy will apply to appointments canceled after 6 PM EST the day before any canceled appointment. MagiClean 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 terminate your account due to an overdue balance or continued inactivity, and we may reclaim your username at any time for any reason. Regardless of who terminates the Services, both you and MagiClean continue to be bound by all the sections in this contract.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless MagiClean, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to your access to or use of the Services and your breach of these Terms.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN ADDITION, WHILE MAGICLEAN ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY PRICING, TERMS, CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
MAGICLEAN TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY GREATER THAN REQUIRED BY APPLICABLE LAW.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAGICLEAN AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) OUR PROVISION OF, FAILURE TO, OR INABILITY TO RENDER, AND YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE, THE SERVICES OR (B) THE UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF MAGICLEAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
A. Small Claims Court
Either you or MagiClean may bring an individual action in small claims court.
B. Arbitration Generally
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND MAGICLEAN TO AGREE TO RESOLVE CERTAIN DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
All claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and MagiClean are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available at the AAA website (www.adr.org), or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $25,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $25,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
ii. Additional Rules for Non-appearance Arbitration
If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
iii. Arbitration Fees
If you choose to arbitrate with MagiClean, arbitration fees and arbitrator compensation will be governed by the AAA Rules. If you bring a claim subject to arbitration, are unable to pay all or a portion of your fees, and wish to have all or part of your fees covered by MagiClean, you must present to MagiClean a written statement detailing the amount you would have had to pay as filing fees and initial court costs if you had filed your claim in a court of competent jurisdiction, and subject to MagiClean’s review and approval of the accuracy of such statement, you will only be liable to pay arbitration fees up to the amount set forth in the statement. MagiClean will pay the remainder of the fees and deposits of arbitration. Notwithstanding the foregoing, each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law.
iv. Authority of the Arbitrator
The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and MagiClean. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and MagiClean.
You may opt-out of this Section 14(B) agreement to arbitration within 60 days of the first day on which you receive Services from MagiClean (“Opt-Out Period”). If you do so, neither you nor MagiClean can force the other to arbitrate. To opt out, you must notify MagiClean in writing within the Opt-Out Period. Your notice must include your name and address, your MagiClean username and the email address you used to set up your MagiClean account and an unequivocal statement that you want to opt out of this Section 14(B) agreement to arbitration. You must send your opt-out notice via certified mail to this address: MagiClean, ATTN: Arbitration Opt-out,
156-18 77th street Howard Beach N.Y. 11414
vi. Waiver of Jury Trial in Favor of Arbitration
YOU AND MAGICLEAN WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and MagiClean are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and MagiClean over whether to vacate or enforce an arbitration award, YOU AND MagiClean WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge. vii. Waiver of Class or Consolidated Actions ALL CLAIMS AND DISPUTES MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 14(J).
viii. Right to Waive
Any rights and limitations set forth in this Section 14(B) may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Section 14(B).
C. Exclusive Venue
To the extent that these Terms allow you or MagiClean to initiate litigation in a court, both you and MagiClean agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the State of New York.
11. Choice of Law
The laws of New York, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort or otherwise) arising out of or relating to these Terms or their subject matter.
If any provision of these Terms is found to be unenforceable, then that provision will be severed from these Terms and will not affect the validity and enforceability of any remaining provisions.
13. Additional Terms for Specific Services
We sometimes need to craft additional terms and conditions (“Additional Terms”) for your specific needs (“Specific Services”). The Additional Terms, in addition to these Terms, will also become part of your agreement with us if you use Specific Services. If any part of the Additional Terms conflicts with these Terms, the Additional Terms will prevail.
Real estate professionals who are using or referring clients to MagiClean in their professional capacity should contact MagiClean by email (firstname.lastname@example.org) or by phone (718-785-3052) prior to booking for additional terms.
14. Final Terms; No Third Party Beneficiary, No Waiver; No Assignment; Reservation of Rights
These Terms (together with any Additional Terms) make up the entire agreement between you and MagiClean and supersede any prior agreements.
These Terms do not create or confer any third-party beneficiary rights.
If we do not enforce a provision in these Terms, it will not be considered a waiver.
You may not transfer any of your rights or obligations under these Terms without our consent.
We reserve all rights not expressly granted to you.