Terms of Service Agreement
Terms of Service Agreement
Thank you for choosing Make Their Day Services. This Home Services Terms of Service Agreement is between you, the Client AND Make Their Day Services, Kelowna, BC (the “Service Provider”). By proceeding with booking and/or using Make Their Day Services, you agree to our Terms of Service Agreement.
MAKE THEIR DAY SERVICES TERMS OF SERVICE AGREEMENT
This Home Services Terms of Service Agreement is between you, the client AND Make Their Day Services, Kelowna, BC (the “Service Provider”).
You agree to engage Make Their Day Services to provide you with home services such as:
- prepare meals, and/or lunches and/or snacks; and/or run errands; and/or housecleaning; and/or laundry services; and/or yard work.
The venue for delivery of the home services will be at your home.
You agree to pay for; and Make Their Day Services agrees to provide; the services agreed on.
COMPENSATION AND PAYMENT
Make Their Day Services charges an hourly rate of $35.00 per person hour +GST.
All payments are due in full prior or upon completion of each scheduled appointment. We reserve the right to request a 50% deposit upon booking. Services may be discontinued if there is lack of or delayed payment.
In the event that this Agreement is terminated by you prior to completion of the services but where the services have been partially performed, Make Their Day Services will be entitled to pro rata payment of the payment and compensation to the date of termination provided that there has been no breach of contract on the part of the Make Their Day Services.
REIMBURSEMENT OF EXPENSES
You will reimburse Make Their Day Services for any expenses incurred in connection with providing you home services such as any costs associated with groceries or other out of pocket expenses associated with requested home services for running errands.
We know life happens. If you need to cancel or re-book, we would appreciate 48 hours’ notice so that we can work with you to re-schedule your services and also to provide our unique services to other clients who are waiting. If we do not receive any word regarding cancellation of booked services prior to the scheduled services, we will require full payment for services which were scheduled.
All of our employees are fully bonded and insured. To protect your privacy and well-being, all of our employees have also signed a Confidentiality and Non-Competition Agreement
As mentioned above, all of our employees are fully insured and bonded; however, it is in your best interest to let us know if you have special items in your house of high monetary or sentimental value. Examples of items that should be reported are:
Expensive furniture, and
When reporting the special items, please indicate if you want them cleaned and, if yes, then how you would like them cleaned.
If you choose not to report your valuables, then we ask that you protect them or put them in a safe place to prevent accidents. You should also put away all jewelry pieces left out as they could be sucked into the vacuum cleaner or accidentally dropped into the sink during cleaning.
Health and safety for our employees is very important to us. We ensure our staffs' safety by allowing them to refuse potentially unsafe situations and/or unsanitary situations related to climbing, moving and lifting; and personal health and safety in the home.
Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and Client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
The Service Provider agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Service Provider has obtained, except as authorized by the Client or as required by law. The Service Provider further agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any personal information of the Client, without the prior written consent of the Client. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.
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.
The Client will promptly give the Service Provider notice in writing of any observed defects or deficiencies in the Services. The Client agrees that any feedback with regards to the Services will be communicated directly to the Service Provider via face to face, telephone or email at the contact information listed on the Service Provider’s website and the Client specifically agrees not to publish any defamatory statements, whether online, verbally or otherwise.
MODIFICATION OF AGREEMENT
No representation or warranty made by any other person working for Make Their Day Services, expressed or implied other than the company owner – Paulette Gill, which is not specifically set forth herein, shall be binding upon Make Their Day Services. Make Their Day Services reserves the right to re-evaluate rates and/or change the Service Agreement &/or policies at any time.
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.
The Service Provider 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.
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 be governed by and construed in accordance with the laws of the Province of British Columbia.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
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.
The parties agree that this Agreement may be executed in counterpart and electronically and that, by proceeding with booking and/or using the Service Provider’s home services, the parties will be deemed to have agreed to all terms and conditions set out herein as of the date of booking and a binding legal Agreement will have been formed between the parties. This Agreement creates binding legal obligations on the parties and the Customer acknowledges having read the terms hereof.