The Terms of Service is a referral agreement made between Sunburst Cleaning Professionals Referral Agency and the client. Sunburst Cleaning Professionals Referral Agency is an Employment Agency/Domestic Referral Agency in the business of assisting clients seeking House Cleaners and other independent Service Providers and recruiting and registering qualified professionals/ domestic workers for job referrals, in accordance with California Civil Code §1812.501(h) and AB-5. Client has requested Agency’s services to identify potential domestic workers to provide housekeeping services to Client in Client’s home.
- Referral Service: Sunburst Cleaning Professionals Referral Agency’s role is to recruit and retain independent domestic workers. All Service Providers undergo a 1:1 interview with the Agency. The agency will ask questions regarding the work skill and availability of the service provider. All Service Providers undergo a thorough background screening prior to being referred to Client,
- Payment: Payment is due at the time service is scheduled. Client may provide Agency with a valid credit card to keep on file for billing. The credit card will be charged for the full amount once the service has been completed. Client is responsible for and agrees to pay Agency for the full cost of Client’s requested services. The referral fee charged by Agency for its services shall be reasonable, negotiable and based on a fixed percentage of the service cost per the Agency’s established fee schedule. Without exception there are no refunds for the cleaning service.
- Cancellation: Sunburst Cleaning Professionals Agency requires twenty-four (24) hours in advance of cancellation of any requested service. If Client reschedules or cancels with less than 24 hours’ notice, they will be charged 50% of the cost of the scheduled cleaning. There are no refunds for the cancellation charge unless the client has been excused by the agency of the 50% due to an emergency considered valid by Sunburst Cleaning Professionals Referral Agency.
- Lock Out or No-Show: It is the responsibility of Client to ensure access for cleaning. If Client is not available or other access arrangements have not been made and the Service Provider is unable to enter, there will be a $99 lock-out charge. There are no refunds for the lock out charge unless the client has been excused by the agency of the $99 fee due to an emergency considered valid by Sunburst Cleaning Professionals Referral Agency.
- Service Provider Performance: Service providers will perform their duties with due diligence, care, and professionalism. We strive for complete customer satisfaction. If you are not satisfied with the service provided, please contact the service provider within 24 hours to address your concerns. We will take appropriate measures to resolve any issues. If the customer does not notify us of their dissatisfaction within 24 hours, we cannot guarantee any remedial actions.
- Direct Hiring Prohibited: Client agrees not to directly engage the services of any referred Service Provider during the term of this Agreement and for a period of nine (9) months after termination of services without informing Agency of the scheduled services. Should services commence or additional services be provided without informing Agency, Client agrees to pay Agency $5,000 as a finder’s fee.
- Performance of Services: The Service Provider represents that he/she possesses the qualifications, ability and experience to perform all services requested by and rendered to Client without the advice, control or supervision of Agency. The Service Provider shall be solely responsible for satisfactory performance of services to be rendered to Client. In the event Client communicates a complaint regarding the quality of services rendered or work performed, breakage, theft, or any other problem occurring while the Service Provider rendered service, it is the sole responsibility of the Service Provider to resolve the problem directly with Client. If any such complaints or concerns are received by Agency, Agency agrees to promptly inform the Service Provider so he or she may resolve the matter directly with Client. Agency shall not be liable, and Client agrees to indemnify Agency from and against any claims, losses, costs, fees, liabilities, damages, or other injuries that arise as a result of the Service Provider’s actions or unsatisfactory performance. Without exception there are no refunds for the cleaning service.
- Independent Domestic Worker: Agency is not the employer of the domestic worker referred to Client. Client acknowledges that she or he may have employer responsibilities depending upon the nature of the professional relationship established with the referred Service Provider and thus, may be liable for payment of State and/or Federal employment taxes incurred during and throughout the course of the engagement. In addition, Client acknowledges that Agency shall not be liable, and Client agrees to indemnify Agency from and against any claims, losses, costs, fees, liabilities, damages, or injuries arising out of Client’s failure to pay any such taxes.
- Acceptance of Terms: Client understands and agrees that Client’s engagement or utilization of the services of a Service Provider referred by Agency will constitute Client’s acceptance of the terms and conditions of this Agreement even if Client does not return this executed Agreement to Agency.
- Termination: Client reserves the right to replace or terminate the Service Provider for any reason.
- Attorney’s Fees: Client agrees to pay all reasonable costs, including, but not limited to, attorney’s fees incurred by the Agency to enforce any provision in this Agreement.
- Governing Law/Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of The State of California. Any action or proceeding commenced regarding this Agreement or the subjects herein shall be brought in Orange County, California.
- Consent for Use of Electronic Signatures: This Agreement may be executed by original, facsimile, and electronic signatures, each of which when affixed shall be deemed to be an original that is enforceable against the executing party. The customer may log in to the company website and choose whether to accept or reject this agreement at any time.
14. Refund Policy: Without exception, there are no refunds for the cleaning service. In the event the signed customer claims a chargeback on their credit or debit card for the services that were provided bySunburst Cleaning Professionals, and the card issuer determines that the customer has committed fraud by requesting a charge back, the signed customer shall pay Liquidated Damages to the Agency at the amount of $750.00 in addition to the cost of service per occurrence.
15. Privacy Policy We will only share your personal information with third parties if it is necessary to provide our cleaning services or if we are required to do so by law. We may share your information with the following third parties: Our independent domestic referrals, Our payment processing partners, and other service providing software partners. Digital photographs may be taken on scene for internal records or posted on social media in order to attract new customers. Furthermore, we respect your privacy and will not share any of your private information publicly without your consent.
16. Opt in for SMS using our Toll Free numbers. When receiving SMS messages from Sunburst Cleaning Professionals or from any of our toll free numbers Msg & data rates may apply. For help, contact Sunburstcleaningpros@gmail.com. When receiving incoming messages, you may opt out by replying “Stop. ”