Terms of Service
CLIENT SERVICE AGREEMENT
Terms of service is made in Orange County, California, by and between Howard’s House Cleaning Referral Agency, Inc. (hereinafter referred to as “Agency”), and, the client. 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:
- Referral Service: All Housekeepers undergo a thorough background 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.
- 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 one-fourth of an hour (15 minutes). 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. Client agrees to pay Agency a Referral Fee for as long as Client continues to engage or otherwise utilize the Housekeeper’s services. Client shall pay Agency a service charge of $35 in the event Client’s payment is returned by the institution on which it is drawn for any reason.
- Cancellation: Failure to notify Agency twenty-four (24) hours in advance of cancellation of any requested service will result in a full fee charged for the scheduled visit.
- 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 Housekeeper is unable to enter, there will be a $30 lock-out charge.
- Housekeeper Performance: Agency must be contacted no later than 48 hours after completion of the service if Client is not entirely satisfied with the housekeeping work that was performed. We can then alert the Housekeeper of your concerns to arrange their return to the subject property within 24 hours of your contact, at no additional charge, to re-clean the areas that had not been finished to your satisfaction. If Agency is contacted more than 48 hours after completion of the service, all additional housekeeping services will be subject to standard charges, on a case by case basis.
- 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 $1,200 as a finder’s fee.
- 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.
- 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.
- 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.
- Termination: Client reserves the right to replace or terminate the Housekeeper 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 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 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.