CLIENT SERVICE AGREEMENT
If you book a housekeeper through MaidThis, you agree to our following Terms of Service. MaidThis is a house cleaning referral agency. The cleaners we refer are domestic workers. MaidThis takes pride in referring reliable, experienced and hard-working domestic workers. If you have any questions regarding these terms, please email or call us and we will be happy to explain them in further detail.
Final estimate of job duration to be determined by domestic worker(s) in discussion with the property owner or occupant, according to their independent professional assessment and discretion based on general conditions, unique features of the house, and any added tasks or special requirements
This Client Service Agreement is made in Los Angeles County, California, by and between MaidThis Referral Agency (hereinafter referred to as “Agency”), and the person(s) contracting the referral service (hereinafter referred to as “Client.”).
MaidThis is not the employer of the domestic worker it referred to you. The domestic worker may be your employee or an independent contractor depending on the relationship you have with him or her. If you direct and control the manner and means by which the domestic worker performs his or her work you may have employer responsibilities, including employment taxes and workers’ compensation, under state and federal law. For additional information contact your local Employment Development Department and the Internal Revenue Service. Agency is an Employment Agency/Domestic Referral Agency in the business of assisting clients seeking housekeeping and other domestic services and in recruiting and registering qualified professional domestic workers (“Housekeeper”) for job referrals, in accordance with California Civil Code §1812.501(h). Client has requested Agency’s services to identify potential domestic workers to provide housekeeping services to Client in Client’s home or office.
The parties hereby agree as follows:
1. Referral Service: All Housekeepers undergo a thorough screening prior to being referred to Client and Agency will verify the Housekeeper’s legal status and work authorization prior to being referred to Client in accordance with procedures established under Federal law.
2. 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. Client is responsible for and agrees to pay Agency for the full cost of Client’s requested services. Time is billed in minimum increments of half of an hour (30 minutes). The referral fee charged by the 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. Client agrees to pay Agency a Referral Fee for as long as Client continues to engage or otherwise utilize the Housekeeper’s services.
3. Direct Hiring Prohibited: Client agrees not to directly engage the services of any referred Housekeeper 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 $1,500 as a finder’s fee per property.
4. Performance of Services: The Housekeeper 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 Housekeeper 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 Housekeeper rendered service, it is the sole responsibility of the Housekeeper to resolve the problem directly with Client. If any such complaints or concerns are received by Agency, Agency agrees to promptly inform the Housekeeper 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 Housekeeper’s actions or unsatisfactory performance.
5. 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 Housekeeper 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.
6. Acceptance of Terms: Client understands and agrees that Client’s engagement or utilization of the services of a Housekeeper 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.
7. Termination: Client reserves the right to replace or terminate the Housekeeper for any reason.
8. 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.
9. 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 Los Angeles County, California.
10. 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. Client accepts that the completion of the online booking form shall serve as an electronic signature.
The parties hereby certify, represent and warrant that they have carefully read this Agreement, that they fully understand its effect, and that they agree to all its terms, provisions and conditions.
Satisfaction
If you are not completely satisfied with any part of the MaidThis referral service, we can match you with a different cleaner and/or contact your cleaner on your behalf, if possible. If you are home and notice that your domestic worker overlooked something, feel free to contact your domestic worker directly.
MaidThis has a 24 HOUR WARRANTY PERIOD from the day of completion of the cleaning. If you have an issue, please call within that time frame and we’ll relay the information to your referred domestic worker. MaidThis will not be held responsible for repair or replacement of items broken or damaged due to pre-existing wear and tear, incorrect installation, assembly or usage.
For vacation rental/property managers, MaidThis is not responsible for loss of revenue from potential guests – we simply refer housekeepers to your home. We have no control over how you handle your guests and assume no guarantee of your rental revenue. Your housekeeper can report damages to your home upon your request; however, MaidThis assumes no liability to the damages that your guests may have caused at your property.
Appointment Arrival Time Windows
If you wish to be present during the cleaning visit, please be advised that most domestic workers have an arrival windows of 1 hour, such as between 8-9AM, 3-4PM, etc. Many things can affect their schedules, such as cancellations, lockouts etc. If the referred domestic cleaner happens to be running late to your appointment, they will likely contact you directly and provide with a new expected time of arrival.
Lifting
You are free to ask your referred domestic cleaner to do whatever you need. However, please note that most domestic workers typically will NOT agree to use tall ladders or move any heavy furniture. These types of activities put the workers in danger of back injury or could even damage something in your home such as scratches on your wood floors. If you would like the worker to clean behind appliances (such as behind or under refrigerators, ovens, sofas, or other furniture), we recommend moving it prior to the cleaning visit to allow access to the area.
Tipping
Although it’s not necessary to tip your worker, it’s always a great way to say job well done!
Pets and Minors
While the domestic worker will do the best they can to be aware of the Customer’s pets/minors, the Customer will be responsible for watching and managing any minors or pets during the cleaning process.
Job Quotations
The actual price payable by the Customer is calculated on the total number of rooms in the household. Any price quoted by MaidThis is an estimate only based on MaidThis’s experience, without inspection, and based on information provided by the Customer. If/when your referred housekeeper gets to the job and it is apparent that the actual cost of the Service will exceed the quote provided by MaidThis (i.e. more bedrooms than originally reported, actually a Move In/Move Out job, etc.), your worker will provide the Customer with the option to pay an increased fee to complete the Service, or pay the quoted amount without the Service being completed.
Payment Terms
The Customer agrees to pay the price quoted by MaidThis and will have acceptable payment method on file prior to the Service Time, unless otherwise agreed in advance with MaidThis. If no payment has been made by the Service Time, MaidThis will use reasonable measures to contact the Customer for updated payment information. In the event that MaidThis cannot contact the Customer or payment information is not secured by the Service Time, the cleaning may be cancelled completely.
Termination
This Agreement may be terminated by the Customer by providing at least 24 hours notice prior to the Service Time. MaidThis may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement.
Customer Representations and Warranties
The Customer represents and warrants that: it will provide a safe working environment at the Premises for the Referred Cleaner to perform the Service; the Referred Cleaner will have unencumbered and unobstructed access to those areas of the Premises requiring the Service; it will provide the Referred Cleaner with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the Referred Cleaner to provide the Service; it is authorized to use the Premises and obtain the provision of Service; if the Customer requires the Referred Cleaner to clean behind or under any heavy items (e.g. a fridge, bookshelf, or other furniture), it will move those items prior to the commencement of the Service; and it 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.
Privacy Policy
The Customer acknowledges that any information provided by the Customer may be used by MaidThis for the purpose of providing the Service. We hate spam too, so MaidThis agrees not to share any information provided by the Customer with any third party not directly involved in the provision of the Service (unless required to do so by law). MaidThis will take all reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorized access or disclosure, alteration or destruction.