OLATHE CLEANING PROS TERMS OF SERVICE
THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THESE TERMS OF SERVICE PRIOR TO ENGAGING OLATHE CLEANING PROS. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE. PLEASE READ THESE TERMS AND THE ARBITRATION PROVISION SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS.
“Because good people like you deserve service from good people like us”
Section 1 – Introduction & Consent to Terms
Welcome to the Terms of Service (referred to herein as our “Terms”) for Olathe Cleaning Pros LLC (referred to herein as “Olathe Cleaning Pros”, “we”, “us”, or “our”).
Thank you for choosing Olathe Cleaning Pros for your cleaning needs! These Terms set forth the terms and obligations between us, the company providing the Services, and you, our client (referred to herein collectively as the “Parties”).
All terms and obligations contained herein are legally binding. Your use of our home cleaning services (our “Services”) constitutes explicit acceptance of all of the terms contained herein.
Section 2 – Exploring Our Services & Initial Consultation
If you think Olathe Cleaning Pros might be a good fit for your needs, please contact us to receive a quote for your proposed job(s). All of the quotes we provide are estimates only and are based on the estimated scope of work and the condition of the home as described at the time of booking. While we endeavor to provide you with the most accurate quote possible, sometimes jobs end up being far larger than is represented to us or something out of our control may cause the quote we give you to increase.
Prior to charging you an increase in the quote provided, we will notify you in writing of the increase in charge which you will be required to accept before we move forward. All increases, if any, will be invoiced to you at the end of your project(s).
Section 3 – Performance of Services
Olathe Cleaning Pros agrees to perform the Services listed on your quote. If one or more of the services you need are not listed on your quote, it is your responsibility to ensure that all necessary work is included. Our quote is based on the services listed on your quote.
All work provided by Olathe Cleaning Pros will be done by one or more of our independent contractors. When you hire Olathe Cleaning Pros to provide the Services, you are hiring Olathe Cleaning Pros and not one of our independent contractors, agents, or other workers.
All times provided for the Services are estimates only. While we do our best to ensure that we arrive on time, we cannot guarantee an exact time of arrival or departure. Sometimes issues do pop up which may cause us to be tardy, delayed, or require a rescheduling. If something does come up, we will endeavor to communicate to you as soon as we can.
We reserve the right to change the person or persons handling the Services for you. Any change in the person or persons handling the Services for you will not entitle you to a reduction in cost, a pause or cancellation of our services, or otherwise. If you request someone specific to provide our Services, we will do our best to provide you that person(s) but cannot guarantee their availability.
You agree to give Olathe Cleaning Pros access to your home or other place where our Services will be provided. Any inability to provide the Services based on an inability to access your home or other place where our Services will be provided will be borne solely by you.
We recommend — but do not require — that you are home before and after our Services are finished so that you can review the job we performed and advise us if any changes are needed. If you are not home at the conclusion of our Services, our Services will be deemed completed and accepted by you upon us exiting your home.
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Quality of Work — Other Workers Present: Olathe Cleaning Pros cannot guarantee the quality of our work if there are additional unaffiliated workers present in the home during the time our Services are being performed. This includes, but is not limited to, movers, handymen, contractors, and any other person performing any type of work on the property simultaneously. If you choose to have other workers present, you acknowledge and accept any resulting limitations on our work quality and any re-cleaning that may be required.
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Scope Exclusions: The following are not included in any standard cleaning package unless expressly quoted and agreed upon in writing:
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Wall Washing: None of our cleaning packages include washing walls. Wall washing may be added as an optional specialty service.
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Tile Grout & Caulking: We do not deep clean tile grout or caulking as part of standard service. Proper tile grout cleaning requires a specialized service. Old or moldy caulking around tubs, showers, and sinks requires removal and re-caulking, which is outside our scope. We can attempt to clean affected areas but cannot guarantee any specific results.
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Interior of Dishwashers: We do not clean the interior of dishwashers. We do clean the exterior.
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Exterior Surfaces: We do not perform any exterior cleaning, including but not limited to exterior windows, hardscape, driveways, or outdoor areas.
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At all times, Olathe Cleaning Pros shall act in accordance with all applicable laws, rules, and regulations in performing the Services.
Section 4 – Terms of Purchase
Quotes are provided to you free of charge. Quotes expire after thirty (30) days. If you decide to move forward with us, we look forward to working with you!
We offer three options for purchasing our Services:
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Flat Fee Services: Standard services use flat-rate pricing. We offer our standard Services to you based on a flat-fee agreement for the proposed work. The flat fee offered to you will depend on the nature of the work, the amount of time to complete, the amount of workers necessary, and other items in our sole discretion. The Flat Fee is subject to change based on changes in the nature of the work being performed (see Section 2).
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Hourly Services: Hourly rates are reserved only for specialty jobs. All Hourly Services for specialty jobs will be provided to you on an ‘as-needed’ basis and at your direction. Our Hourly Services will be provided at the hourly rate specified in your quote. All time is billed to you in fifteen (15) minute increments.
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Important Notice Regarding Hourly Services: If you have selected an hourly specialty cleaning, our team will clean as much as possible within the time purchased. We cannot guarantee that every requested task will be completed within the allotted time. If additional time is needed and desired, it may be added at the agreed-upon hourly rate, provided the request is made before our team departs. Once our team has left the property, no additional time may be added to that appointment.
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Recurring Cleaning Services: We offer weekly or monthly recurring services (our “Recurring Cleaning Service”). Our Recurring Cleaning Service inclusions and costs will vary depending on your needs, customization, and a number of other factors in our/your discretion.
Each Recurring Cleaning Service plan is recurrent and will automatically renew without any action by you. You will be charged in accordance with the plan you select. If you want to terminate your Recurring Cleaning Service, you need to terminate our Services in accordance with these Terms. Each Recurring Cleaning Service is subject to the below provision titled Cancellation & Returns.
Section 5 – Deposit
If required, you agree to pay to Olathe Cleaning Pros an initial deposit to reserve Olathe Cleaning Pros for the selected dates, timeframe, or otherwise (a “Deposit”) in an amount to be determined by Olathe Cleaning Pros, commensurate with the scope of anticipated work, difficulty, etc.
If required, the Deposit must be paid to Olathe Cleaning Pros soon after engaging Olathe Cleaning Pros to perform the Services.
You understand and agree that if a Deposit is required, you will not reserve Olathe Cleaning Pros until the Deposit is paid. Subject to the Cancellation section, below, your Deposit shall be non-refundable and shall be applied to the total balance owed. No interest will accrue on your Deposit.
Section 6 – Payment, Billing & Other
All prices for the Services are in U.S. Dollars. We accept most forms of payment, including but not limited to: credit card and debit card.
We reserve the right to change our Services or Recurring Cleaning Service at any time, including cost, provided that if we change the amounts or other charges associated with your Services, we will provide you thirty (30) days advance written notice of such changes. We reserve the right to reject our Services to anyone and for any reason. We also reserve the right to discontinue certain Services at any time.
When you provide payment information, you represent and warrant that the information you provide is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third-party payment card updating services to obtain current expiration dates on credit cards and debit cards.
By providing a credit card, you represent and warrant that you authorize us to charge your payment method for all charges you incur for your purchase of our Services. You agree that you are responsible to pay for and will pay for all such charges. If your payment is denied, you will be responsible for an administrative fee of fifty dollars ($50.00) which is not a penalty but rather is ‘liquidated damages’ for our reasonable administrative costs in contacting you for new payment, etc. Failure to keep a valid payment method does not constitute cancellation of a Recurring Cleaning Service and your subscription will continue until cancelled in accordance with these Terms.
If you have enrolled in Recurring Cleaning Service, you expressly acknowledge and agree that: (1) Olathe Cleaning Pros (or our third-party payment processing company or application) is authorized to charge you on a monthly or other basis for the price of your Recurring Cleaning Service, including taxes and other fees, for as long as your Recurring Cleaning Service continues; and (2) your Recurring Cleaning Service is continuous until you cancel it or we suspend or terminate the service.
You are responsible for all charges with respect to an untimely cancellation.
All invoices are due and payable within forty-eight (48) hours of receipt. Failure to pay an invoice, in full, within forty-eight (48) hours of receipt will cause that invoice, or part thereof, to accrue interest at three percent (3%) per month until paid in full. Once your invoice becomes thirty (30) days past-due, Olathe Cleaning Pros may transfer your invoice, account, and any past-due payments to a collection agency or attorney. If your invoice, account, and any past-due payments are transferred to a collection agency or attorney, Olathe Cleaning Pros shall be entitled to recover all costs and fees in collecting your past-due balance, including all reasonable attorneys’ fees.
We do not permit chargebacks. If you charge back a payment made to Olathe Cleaning Pros and Olathe Cleaning Pros wins or loses the dispute, in addition to other amounts owed hereunder, you agree to pay a five-thousand-dollar ($5,000.00) penalty for ‘liquidated damages’ based on the estimated time, energy, and costs (such as labor) required to deal with your chargeback. You agree that these liquidated damages are reasonable and were negotiated by you and agreed to prior to agreeing to these Terms.
Section 7 – Warranties of Services Performed
Olathe Cleaning Pros represents and warrants to you that:
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The Services will be performed in a professional manner, consistent with or exceeding industry standards; and
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Olathe Cleaning Pros has industry standard liability insurance covering issues that may arise from performance of the Services.
Section 8 – Cancellation, Refunds & Our Satisfaction Guarantee
All sales are final. We do not provide refunds under any circumstances.
Cancellations: There is no term to this agreement between the client or Olathe Cleaning Pros. You may cancel your re-occurring or one time cleaning service before 24 hours prior to the scheduled booking. Olathe Cleaning Pros also reserves the right to cancel the service provided at any time. However, there is a cancellation fee of $79 for cancelled bookings under 24 hours prior to the booking date. Any appointments rescheduled can only be cancelled for a $79 cancellation fee or be rescheduled again to a suitable date.
You may cancel your Recurring Cleaning Service at any time by emailing us at [email protected].
Our Satisfaction Guarantee: We offer a satisfaction guarantee for all jobs we service (referred to herein as “Our Satisfaction Guarantee”). If your job was not completed to your satisfaction, we will return to re-do the work performed within seventy-two (72) hours of your written notice of dissatisfaction. Customers must list, with pictures, areas of the home that were missed during the initial cleaning. Any areas not listed within twenty-four (24) hours of the initial cleaning will not be honored in the re-clean. If you do not report your dissatisfaction within twenty-four (24) hours and give us a chance to re-do the work performed within seventy-two (72) hours, you will have no entitlement to Our Satisfaction Guarantee. The customer must be available to grant access to the cleaners for them to re-do the work.
Section 9 – Workplace Protections
Ensuring that our independent contractors are safe while performing the Services is of utmost importance to Olathe Cleaning Pros. Due to this, we do not permit the following work to be done:
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Cleaning beyond what is reachable from a two-step ladder: Our liability insurance prohibits our cleaners from performing tasks that require reaching beyond what is safely accessible from a two-step ladder. For tasks requiring greater reach, we recommend using a licensed professional handyman or window washer.
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Cleaning of biohazard substances.
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Cleaning of area(s) infested with insects or other animals (not pets).
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Cleaning areas with mold or other toxins.
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Any other task(s) that could jeopardize the health, wellness, or safety of our contractors, not to be unreasonably applied.
Undisclosed Pest Infestation Policy: If a pest or bug infestation (including, but not limited to, bed bugs, roaches, fleas, or termites) is not disclosed prior to our arrival, Olathe Cleaning Pros reserves the right to refuse service upon entry, without issuing a refund. Failure to disclose an infestation before your scheduled service will be considered a violation of our policies due to the health, safety, and contamination risks it poses to our contractors and other clients.
Section 10 – Limitations of Engagement
While we promise a high standard of quality when performing the Services, there are some limitations to our engagement, which include but are not limited to:
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Pets: It is your responsibility to ensure that your pets are cared for during the Services. We do not assume any liability for the health and safety of your pets outside of gross negligence.
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Pets Escaping From Home: Neither Olathe Cleaning Pros nor its cleaners are responsible for pets that “escape” when our maids are entering/exiting your home. If your pet will be “roaming free” during the clean, please let us know in advance. Our cleaners will close doors as soon as they enter and exit and will not leave doors open for long periods.
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Personal Property & Valuables: It is your responsibility to ensure that all personal property can be cleaned with our cleaning solutions. Prior to our arrival, please put away wallets, jewelry, cash, sensitive documents, and any other valuables to ensure nothing gets misplaced or damaged during the cleaning process. It is also your responsibility to ensure that all irreplaceable or specialty items are pointed out to us or removed from the cleaning area. We do not assume any liability for personal property that is damaged as a result of being cleaned.
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Fixtures: It is your responsibility to ensure that all fixtures and other home décor are in good working order. We do not assume any liability for fixtures and other home décor that are not in good working order.
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Damage Claims: Olathe Cleaning Pros is not liable for any damage arising from or related to the performance of our Services. All damage-related claims are subject to the Limitation of Liability provisions set forth in Section 16 of these Terms.
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Security Deposits: Olathe Cleaning Pros is not responsible for the outcome of any security deposit evaluation, determination, or dispute between you and any landlord, property manager, buyer, or other third party. We make no representations or guarantees regarding the sufficiency of our Services to satisfy any third-party property condition requirements.
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Move-In & Move-Out Cleanings: Move-in and move-out cleaning services are subject to the following additional terms:
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Access to the property is required in order for Olathe Cleaning Pros to honor our Satisfaction Guarantee. If you are handing over keys to a property manager, buyer, landlord, or agent, you must provide their contact information to us in advance so that we may coordinate directly with that party if any issues need to be addressed.
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If keys are turned in and we no longer have access to the property, our Satisfaction Guarantee is considered fulfilled and no refunds will be issued.
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For move-in cleanings, if movers arrive immediately following our service and items are placed in the home before any concerns are reported to us, you agree that any necessary touch-ups will be completed after move-in to the best of our ability.
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Unexpected Property Conditions: Our pricing is based on the condition of the property as described at the time of booking. If our team arrives and the home requires significantly more time due to undisclosed or materially different conditions, we will notify you immediately.
Section 11 – Reviews and Required Cure Period
If you are happy with our Services, we highly encourage you to leave a review on an online platform of your choosing. Reviews are how potential clients see our past work and are part of how we continue to grow our business.
If you are unhappy with our Services and decide to leave a negative review on our page, please ensure that your review is truthful. Please be advised that if you leave an untruthful review on one of our online platforms, we reserve the right to pursue you for any damage or loss sustained by us, including recovery of attorney’s fees. For your information, the State of Kansas presumes damages when a false statement is made that implies a “lack of fitness for a particular business or profession.”
By using our Services, you explicitly agree that if you are dissatisfied with our Services and do not give us an opportunity to re-do the work to your satisfaction, you will not leave a negative review about Olathe Cleaning Pros, its owners, contractors, or other agents on any online platform or otherwise electronically post, communicate, or comment on our Services in any negative manner to any third parties, whether directly or indirectly.
By using our Services, you further agree that Olathe Cleaning Pros is granted a seventy-two (72) hour cure period to fix, re-do, or remedy any Services not completed to your satisfaction. You agree that this seventy-two (72) hour cure period is reasonable and was bargained for in the negotiation of these Terms.
If you leave a negative review on any online platform or otherwise electronically post, communicate, or comment on our Services in any negative manner to any third parties without providing us our contractual seventy-two (72) hour cure period, you agree that you will be in breach of these Terms and that Olathe Cleaning Pros will have incurred damages in the estimated amount of ten thousand dollars ($10,000) (referred to herein as the “Liquidated Damages”). You agree that these Liquidated Damages are not a penalty for non-compliance and are not intended to frustrate your ability to leave a truthful review about Olathe Cleaning Pros, but are rather reasonable and estimated damages resulting from your breach of these Terms and will compensate Olathe Cleaning Pros for the goodwill, reputational, and general business damages resulting from your failure to provide Olathe Cleaning Pros with its contractual seventy-two (72) hour cure period. You agree that the Liquidated Damages are reasonable and were bargained for in the negotiation of these Terms.
Nothing in this Section or otherwise will waive Olathe Cleaning Pros’ right to pursue you for actual damages or other relief, whether in equity or at law.
Finally, you agree that if you are unavailable, for any reason, during our contractual seventy-two (72) hour cure period, the cure period will be tolled during your unavailability and all required timeframes will be adjusted accordingly.
Section 12 – No Solicitation of Workers
By hiring Olathe Cleaning Pros, you agree not to solicit or encourage any person(s) contracted by Olathe Cleaning Pros to not go through Olathe Cleaning Pros and work with you, directly or indirectly. We require this due to the amount of time and effort we put into finding, interviewing, training, and managing our contractors.
If you solicit or encourage our contractors to not go through Olathe Cleaning Pros and work directly with you, or if you work directly with our contractors in any capacity, you expressly agree that Olathe Cleaning Pros will incur irreparable damages as a result, the exact amount of which will be difficult to measure. Therefore, you agree that if you breach this Section, you agree to pay to Olathe Cleaning Pros liquidated damages in the amount of one thousand dollars ($1,000.00) per violation, in addition to any other available remedies available to Olathe Cleaning Pros. Both parties agree that this liquidated damages provision is not a penalty but a fair estimation of the damages Olathe Cleaning Pros will incur as a result of your breach of this Section.
This paragraph was bargained for in hiring Olathe Cleaning Pros to provide the Services.
Section 13 – Photographs for Promotional Purposes
By using Olathe Cleaning Pros for the Services, you explicitly permit Olathe Cleaning Pros to take photographs of the work performed for marketing, advertising, and promotional purposes, including on Olathe Cleaning Pros’ website and/or social media accounts. This includes before and after photos.
You will not be entitled to any royalty or similar compensation from said use(s), if any. Nothing herein requires the use of photographs taken before or after your job.
Section 14 – Olathe Cleaning Pros Intellectual Property
The contents of our Website are protected by United States and international copyright laws. The contents of our Website are owned exclusively by Olathe Cleaning Pros or licensed to us. You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license, or use for commercial purposes any copyrighted material on our Website (the “Intellectual Property”) without our prior written consent. All rights not expressly granted in these Terms are reserved to Olathe Cleaning Pros.
Olathe Cleaning Pros and our name, logos, slogans, or otherwise are trademarks or service marks (“Marks”) of Olathe Cleaning Pros. All rights in these Marks are reserved by Olathe Cleaning Pros. You may not use any Olathe Cleaning Pros-provided Marks or other logos or graphics without our prior written consent.
Section 15 – Disclaimer
OUR SERVICES ARE PROVIDED ‘AS IS’ AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW OR AS INCLUDED IN THESE TERMS, OLATHE CLEANING PROS AND ITS DIRECTORS, OFFICERS, CONTRACTORS, AGENTS, AND REPRESENTATIVES EXCLUDE ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
WE EXPRESSLY DISCLAIM ANY LIABILITY FOR LOSS OR DAMAGE SUSTAINED BY YOU AS A RESULT OF USE OF OUR SERVICES.
WHILE WE ENDEAVOR TO PROVIDE THE BEST SERVICES POSSIBLE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO SERVICE PROVIDED IS PERFECT. IF YOU ARE UNHAPPY WITH THE SERVICES PROVIDED TO YOU, PLEASE CONTACT US AND WE WILL DO OUR BEST TO RESOLVE YOUR ISSUE(S).
Section 16 – Limitation of Liability
Olathe Cleaning Pros shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under these Terms.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT YOU PAID OLATHE CLEANING PROS FOR THE SERVICES.
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR SERVICES OR THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
Section 17 – Indemnification
Each party shall indemnify, defend and hold harmless the other and their directors, officers, owners, managers, contractors and agents from and against any and all losses, damages, liabilities, reasonable attorney fees, court costs, and expenses (collectively “Losses”), joint or several, resulting or arising from any claims, actions, proceedings, or litigation relating to or arising from (a) use of the Services; (b) that party’s breach of these Terms; or (c) applicable law.
Section 18 – General Provisions
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a. Entire Agreement: These Terms contain the entire agreement between you and Olathe Cleaning Pros except for those inclusions found within a quote.
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b. Waiver: The failure by Olathe Cleaning Pros to enforce any provision of these Terms shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of these Terms.
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c. Assignment: You may not assign, pledge, delegate, or otherwise transfer any of your rights or obligations under these Terms without Olathe Cleaning Pros’ prior written consent.
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d. Relationship: Nothing in these Terms shall create, or is intended to create, an agency, employment, franchise, joint venture, or partnership relationship between you and Olathe Cleaning Pros. Olathe Cleaning Pros utilizes independent contractors rather than permanent employees. Olathe Cleaning Pros will be responsible for all tax withholdings and payments arising out of the Services.
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e. Applicable Law / Dispute Resolution: These Terms shall be governed by the laws of the State of Kansas. Except for non-payment by you or if you leave an untruthful review or a review without providing Olathe Cleaning Pros our contractual notice to cure, all other disputes arising from or in connection with these Terms shall be subject to binding arbitration, through JAMS, the location of which shall be in Olathe, Kansas. The prevailing Party in any dispute arising out of these Terms shall be entitled to recover its/his/her reasonable attorney’s fees and costs.
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f. Waiver of Class Action: To the extent permitted by applicable law, you and Olathe Cleaning Pros agree that any dispute arising out of these Terms or the Services provided by Olathe Cleaning Pros is personal to you and Olathe Cleaning Pros and that any disputes, if any, will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of similar proceeding.
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g. Severability: If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.