THIS SERVICE AGREEMENT (the “Agreement”) is made effective this _____ day ____, 202__.
Please take some time to review this Agreement. Use of our services constitutes your acceptance of these terms and conditions.
Filthy Masters Inc.
614 Redstone Crescent NE, Calgary, AB, T3N 1M4
Filthy Masters is in the business of carpet and upholstery cleaning services, stain removal, window cleaning, pressure washing, restoration, and gutter cleaning.
The Client wishes for Filthy Masters to provide services on the terms and conditions set out in this Agreement, and Filthy Masters agrees to provide such services.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and Filthy Masters (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
- Carpet and Upholstery Cleaning Services
- Subject to the terms of this Agreement, Filthy Masters agrees to provide carpet and upholstery cleaning services (the “Carpet Service“) to the Client at an address specified by the Client (the “Premises“).
- The Carpet Service will be for such carpet cleaning and upholstery cleaning services as agreed with the Client at the time of booking.
- Filthy Masters will provide one or more carpet cleaning technicians (the “Carpet Cleaner“) to attend the Premises to provide the Carpet Service at a time and date mutually agreed between Filthy Masters and the Client (the “Service Time“).
- Filthy Masters endeavors to provide the Carpet Service faithfully, diligently and in a timely and professional manner.
- Filthy Masters cannot be held liable for any damages which were present prior to the Carpet Service being completed, and any damage found after the Carpet Service is completed will be assumed to have been damage present prior to the Carpet Service, absent proof to the contrary.
- Window Cleaning Services
- Subject to the terms of this Agreement, Filthy Masters agrees to provide window cleaning services (the “Window Service“) to the Client at the Premises.
- The Service will be for such window cleaning services as agreed with the Client at the time of booking.
- Filthy Masters will provide one or more window cleaning technicians (the “Window Cleaner“) to attend the Premises to provide the Service at the Service Time.
- Filthy Masters endeavors to provide the Window Service faithfully, diligently and in a timely and professional manner.
- Filthy Masters cannot be held liable for any damages which were present prior to the Window Service being completed, and any damage found after the Window Service is completed will be assumed to have been damage present prior to the Window Service, absent proof to the contrary.
- Pressure Washing Services
- Subject to the terms of this Agreement, Filthy Masters agrees to provide pressure washing services (the “Pressure Service“) to the Client at the Premises.
- The Pressure Service will be for such pressure washing services as agreed with the Client at the time of booking.
- Filthy Masters will provide one or more pressure washing technicians (the “Pressure Washer“) to attend the Premises to provide the Pressure Service at the Service Time.
- Filthy Masters endeavors to provide the Service faithfully, diligently and in a timely and professional manner.
- Filthy Masters cannot be held liable for any damages which were present prior to the Pressure Service being completed, and any damage found after the Pressure Service is completed will be assumed to have been damage present prior to the Window Service, absent proof to the contrary.
- Gutter Cleaning Services
- Subject to the terms of this Agreement, Filthy Masters agrees to provide gutter cleaning services (the “Gutter Service“) to the Client at the Premises.
- The Gutter Service will be for such gutter cleaning services as agreed with the Client at the time of booking.
- Filthy Masters will provide one or more gutter cleaning technicians (the “Gutter Cleaner“) to attend the Premises to provide the Gutter Service at the Premises.
- Filthy Masters endeavors to provide the Service faithfully, diligently and in a timely and professional manner.
- Filthy Masters cannot be held liable for any damages which were present prior to the Gutter Service being completed, and any damage found after the Pressure Service is completed will be assumed to have been damage present prior to the Gutter Service, absent proof to the contrary.
- When referring to multiple Services
Any combination of services herein are to be referred to collectively as the “Services”.
When referring to any of the Carpet Cleaner, Window Cleaner, Pressure Washer, or Gutter Cleaner, they will be collectively referred to as the “Cleaner”.
- Additions and Amendments
- Any changes to the Services to be provided must be agreed by Filthy Masters prior to the Service Time.
- If the Client requires any additional services or variations at the time the Service is being performed, the Client must first contact Filthy Masters by telephone, who may agree to provide the additional services in its absolute discretion. The Cleaner is not authorized to agree to any changes to the Service being provided. The Client must not request such changes directly from the Cleaner.
- Client Representations and Warranties
The Client represents and warrants that:
- it will provide a safe working environment at the Premises for the Cleaner to perform the Service;
- the Cleaner will have unencumbered and unobstructed access to those areas of the Premises requiring the Services;
- it will provide the Cleaner with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the Cleaner to provide the Services;
- it will advise Filthy Masters prior to the commencement of the Services of any hazards, slippery surfaces, risks or dangers.
- it is authorized to use the Premises and obtain the provision of Services;
- 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; and,
- it will hold harmless the Cleaner and Filthy Masters from any damage discovered during the Services, and any damage incurred prior to the Services completed.
- Health and Safety Risks
In addition to the obligations and warranties set out in above, the Client acknowledges and agrees that:
- the 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;
- the Cleaner may, either before or during the provision of the Services, not provide or cease the provision of the Services where carrying out the Services presents, in the absolute discretion of the Cleaner, a risk to health and safety;
- moisture on your furniture and carpets can present a slip hazard on nearby hard surface areas, we ask that the Client avoid any areas that we are cleaning, and will advise any other guests, residents or contractors of this hazard until the carpets are dry;
- the Client must keep children or dependents away from any equipment or hot water being used as a part of the Services process;
- the Client must ensure that the environment that the Client is inviting the Cleaner to work in is a safe environment free from hazards; and,
- carpet cleaning solutions should be considered poisonous and are not for human consumption.
- The Client may make a booking either in person, by telephone, email or on the Filthy Masters website.
- At the time of booking the Client must provide details of any hazards, slippery surfaces, risks or dangers.
- Filthy Masters provides all quotations at the time of booking.
- Filthy Masters reserves the right not to accept a booking for any reason.
- Job Quotations
- The actual price payable by the Client is the quoted price provided by Filthy Masters, plus any additional sales tax or other applicable duties as may be required by law.
- Any price quoted by Filthy Masters is an estimate only based on Filthy Masters experience, without inspection, and based on information provided by the Client.
- Quotes are valid for a period of 30 days from the date of the quote.
- The quote we provide over the telephone or via email through the internet on the Filthy Masters website, is based on information provided by the Client to Filthy Masters, and in the absence of specific room, or clearly definable descriptions will be based on standard room sizes/seating positions. If the actual work to be performed is different to what has been quoted for, the price will vary accordingly.
- The Cleaner may quote extra after inspection if there are extra rooms or areas that Filthy Masters were not informed of during the quotation process or if the condition of the carpet or upholstery is deemed to be different from the information provided by the Client.
- The Cleaner will confirm the price with the Client before work commences.
- When the Cleaner arrives at the Premises they will inspect the areas the Client has requested to be cleaned.
- Maximum room size applies for advertised or quoted ‘per room’ pricing structures. Maximum room size is 14 square meters and is based on a standard furnished room. Rooms less than 14 square meters will count as 1 standard room. Rooms over 14 square meters but under 28 square meters will count as 2 standard rooms.
- Carpeted steps are quoted per step.
- Upholstery cleaning prices are per seating position and are subject to the condition of the upholstery. Additional charges may apply for recliners, ottomans, chaises and loose cushions.
- Spot and stain removal is included in Filthy Masters carpet and upholstery cleaning price and the steam cleaning process.
- The Carpet Cleaner will inspect the carpet, upholstery and stains before the Carpet Service commences.
- Stains derived from bleaching agents, acids and permanent dyes may be permanent and cannot be removed with any treatment. Filthy Masters and the Carpet Cleaner does not guarantee stain removal for permanent stains.
- Filthy Masters cannot be responsible for any pre-existing condition that is not apparent upon visual inspection of the Premises.
- The Carpet Cleaner may deem it ‘infeasible’ to remove a particular stain or mark on the carpet when compared to the cost of replacement.
- Cancellation Fees and Other Charges
- The minimum charge for any Service is $89.00.
- Surcharges may be charged on any Service booked for weekends, after hours and public holidays.
- The Client must telephone Filthy Masters prior to 6pm on the business day before the Service Time, if they wish to suspend, postpone or cancel the Service for any reason.
- In the event that such notice has been given, Filthy Masters will endeavor to reschedule the Service if required.
- In the event that the Client does not provide notice prior to 4pm on the business day before the commencement of the Service, the Client agrees to pay a cancellation fee (minimum of $90.00 inclusive of GST or sales tax) for administrative costs and loss.
- Payment Terms
- The Client agrees to pay the price quoted by Filthy Masters in full prior to or at the Service Time, unless otherwise agreed in advance with Filthy Masters.
- Late Payment Fee
- Where Filthy Masters has agreed to invoice the Client for payment of fees after the Service has been completed, the Client agrees to pay in full all fees due, within 30 days of the invoice date.
- If the Client’s account is outstanding for more than 30 days, we will call at the Premises to collect payment in person, in which case an additional $80 minimum call out fee will apply.
- if the Client’s account is outstanding for more than 30 days, we will add a $70 late fee, or a 19.99% per annum interest calculated from the date of the account to the date of payment, whichever is higher.
- Filthy Masters reserves the right to pass the debt on to a collection agency and refer the Client’s personal details to credit reporting agencies if the Client’s account remains overdue past 30 days. This will incur additional charges, to be determined at a future date.
- If the Client is dissatisfied for any reason with the Service provided, it must inform Filthy Masters within 24 hours of completion of the Service. Filthy Masters strives to achieve 100% customer satisfaction and will endeavor to resolve the problem quickly and efficiently
- In the event of a customer complaint, the Client undertakes to give Filthy Masters the opportunity to rectify all work. Filthy Masters may, at its discretion, offer the Client any of the following:
- a partial or full refund;
- re-supply of the Service without charge; or,
iii. such other remedy as deemed appropriate by Filthy Masters.
- Changes to this Agreement
- Filthy Masters 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 Filthy Masters website. Each updated Agreement will take effect 24 hours after it has been published on the website.
- The Client agrees that any use of the Services following any such change, whether as a single job or as part of a regular cleaning schedule, constitutes their Agreement to follow and be bound by the terms and conditions as changed.
All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
TO the Client:
TO Filthy Masters:
or to such other address as either Party may from time to time notify the other.
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
- Law & Jurisdiction
The Client and Filthy Masters acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of Alberta and both agree to submit to the exclusive jurisdiction of the courts of Alberta in the event of any dispute.
20. Time of the Essence
Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
Filthy Masters will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
22. Entire Agreement
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
The Client 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.
The content of this Agreement is protected by international 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 Filthy Masters.
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
When demand for payment has been made, the Client shall also be liable to Filthy Masters for all legal costs, on a solicitor and his own client, full indemnity, basis incurred by or on behalf of Filthy Masters resulting from any action instituted on the basis of this Agreement.
IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this ____ day of ___________, 202___.