Terms and Conditions - Seasonal Refresh

Legal Agreement and Binding Nature

These Terms and Conditions constitute a legally binding agreement between you and Seasonal Refresh. By accessing our website, engaging our services, or entering into any service contract with us, you acknowledge that you have read, understood, and agree to be bound by these terms in their entirety.

If you do not agree with any part of these Terms and Conditions, you must not use our services or website. These terms apply to all visitors, users, clients, and others who access or use our services.

User Obligations and Responsibilities

1. Accurate Information Provision

You agree to provide accurate, current, and complete information when engaging our services or using our website. This includes your contact details, property information, service requirements, and any other information requested during the booking or consultation process.

You are responsible for maintaining the accuracy of your information and must promptly notify us of any changes. Failure to provide accurate information may result in service delays, additional charges, or service cancellation.

2. Property Preparation Requirements

Before each scheduled service, you are obligated to prepare your property appropriately. This includes securing or removing valuables, fragile items, and important documents from areas to be cleaned. You must ensure that pets are properly contained or removed from service areas for the safety of both our team and your pets.

You must disclose any hazardous conditions, damaged areas, or special circumstances that may affect service delivery. This includes but is not limited to mold, asbestos, pest infestations, water damage, or structural issues. Failure to disclose such conditions may result in service refusal without refund.

3. Compliance with Laws and Regulations

You agree to comply with all applicable local, state, and federal laws and regulations when engaging our services. You represent and warrant that your use of our services does not violate any laws or infringe upon the rights of any third party.

If you are booking services for a rental property or property you do not own, you must have proper authorization from the owner and must comply with all relevant lease agreements and property management requirements.

4. Respectful Conduct and Communication

You agree to maintain respectful and professional communication with our staff at all times. Any form of harassment, discrimination, threatening behavior, or abusive conduct toward our team members is strictly prohibited and will result in immediate service termination without refund.

You agree to provide reasonable cooperation during service delivery, including being available for questions, providing access instructions, and responding to communications in a timely manner.

5. Payment Obligations

You are responsible for payment of all fees associated with services rendered according to the agreed terms. Payment must be made using the methods specified at the time of booking. You agree to provide current and valid payment information and to update such information promptly if it changes.

Late payments may result in additional fees, service suspension, and referral to collections agencies. You are responsible for any costs incurred in collecting overdue payments, including legal fees and collection agency fees.

6. Insurance and Liability Requirements

You acknowledge that while we maintain appropriate insurance coverage for our business operations, you are responsible for maintaining homeowner's or renter's insurance for your property. You agree to notify your insurance provider of any scheduled service if required by your policy.

In the event of any damage claims, you agree to cooperate fully with any investigation and to provide all necessary documentation and access as required by our insurance carrier or legal counsel.

Prohibited Activities and Conduct

The following activities are strictly prohibited when using our services or website. Engagement in any of these activities may result in immediate service termination, legal action, and reporting to appropriate authorities:

Illegal Activities

You may not use our services in connection with any illegal activity, including but not limited to the presence of illegal substances, stolen property, or evidence of criminal activity. We reserve the right to report suspected illegal activities to law enforcement authorities.

Misrepresentation and Fraud

You may not provide false information, impersonate another person, or engage in any fraudulent activity in connection with our services. This includes providing false payment information, using stolen credit cards, or making false claims about service quality or damages.

Harassment and Discrimination

Any form of harassment, discrimination, or offensive behavior based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or any other protected characteristic is strictly prohibited. Violations will result in immediate service termination and may be reported to relevant authorities.

Interference with Service Delivery

You may not intentionally interfere with, obstruct, or prevent our team from performing their duties. This includes refusing reasonable access to service areas, creating unsafe working conditions, or engaging in behavior that prevents our team from completing their work effectively.

Unauthorized Recording or Surveillance

While security cameras in common areas are acceptable, you must disclose the presence of any recording devices to our team before service begins. Hidden cameras in private areas or failure to disclose recording equipment violates our team's privacy rights and may result in service refusal.

Scope Creep and Unauthorized Requests

You may not request services beyond the agreed scope without prior arrangement and additional payment. Attempting to coerce our team into performing additional work without compensation or making repeated demands for services not included in your agreement is prohibited.

Liability Limitations and Warranty Disclaimers

Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We specifically disclaim all implied warranties including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranty that our services will meet your specific expectations, that they will be uninterrupted or error-free, or that any particular result will be achieved. We do not guarantee the complete removal of all stains, odors, allergens, or other conditions that may require specialized treatment beyond standard cleaning methods.

Limitation of Liability for Damages

To the maximum extent permitted by law, Seasonal Refresh, its owners, employees, contractors, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use or inability to use our services.

Our total liability for any claim arising from our services shall not exceed the amount you paid for the specific service that gave rise to the claim, or $500, whichever is less. This limitation applies regardless of the theory of liability, whether based in contract, tort, strict liability, or otherwise.

Exclusions from Liability

We are not liable for damage or loss resulting from:

• Pre-existing damage, defects, or conditions not disclosed to us prior to service
• Items that are inherently fragile, improperly maintained, or placed in areas where damage could occur during normal cleaning
• Damage caused by acts of nature, third parties, or conditions beyond our reasonable control
• Loss or theft of items not directly caused by our team members
• Damage to items valued over $500 unless specifically disclosed and insured with our prior written agreement
• Any consequential damages including but not limited to lost wages, business interruption, or emotional distress

Client Indemnification Obligations

You agree to indemnify, defend, and hold harmless Seasonal Refresh and its owners, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your breach of these Terms and Conditions
• Your violation of any law or the rights of a third party
• Your use of our services in any manner not authorized by these terms
• Any false or misleading information you provide to us
• Conditions on your property that you failed to disclose

Legal Information and Dispute Resolution

1. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction where our business operates, without giving effect to any principles of conflicts of law. You agree that any legal action or proceeding relating to these terms or our services must be brought exclusively in the courts located in that jurisdiction, and you consent to the personal jurisdiction of such courts.

2. Mandatory Dispute Resolution Process

Before filing any legal action against Seasonal Refresh, you agree to first attempt to resolve any dispute informally by contacting us directly. We will work with you in good faith to resolve any concerns through direct communication.

If informal resolution is unsuccessful within 30 days, you agree to participate in mediation before pursuing litigation or arbitration. Both parties will share equally in the costs of mediation and will work cooperatively to select a neutral mediator acceptable to both parties.

3. Waiver of Class Actions

You agree that any dispute resolution proceedings, whether in court, arbitration, or mediation, will be conducted only on an individual basis and not as a class action, consolidated action, or representative action. You expressly waive your right to participate in any class action lawsuit or class-wide arbitration against Seasonal Refresh.

4. Limitation Period for Claims

You agree that any claim or cause of action arising from or related to our services must be filed within one year after the claim arose, regardless of any statute of limitations that might otherwise apply. After this period, such claims are permanently barred.

5. Legal Fees and Costs

In any legal proceeding relating to these Terms and Conditions or our services, the prevailing party shall be entitled to recover reasonable attorney's fees, expert witness fees, and costs incurred in the proceeding, in addition to any other relief to which they may be entitled.

General Legal Provisions

Severability Clause

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

No Waiver of Rights

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Seasonal Refresh. Any waiver granted shall apply only to the specific instance and shall not constitute a continuing waiver.

Assignment and Transfer

You may not assign, transfer, or delegate your rights or obligations under these Terms and Conditions without our prior written consent. Any attempted assignment in violation of this provision shall be null and void. We may freely assign or transfer our rights and obligations under these terms without restriction or notification.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Terms of Service, and any written service agreements or contracts, constitute the entire agreement between you and Seasonal Refresh concerning our services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, government actions, labor disputes, pandemics, or failures of third-party services or infrastructure.

Survival of Terms

Provisions of these Terms and Conditions that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

Modifications to These Terms

We reserve the right to modify these Terms and Conditions at any time at our sole discretion. Changes will become effective immediately upon posting to our website. Your continued use of our services after any such changes constitutes your acceptance of the new Terms and Conditions. We encourage you to review these terms regularly to stay informed of any updates.

Contact for Legal Matters

For questions regarding these Terms and Conditions, legal notices, or formal communications, please contact us through our website. All legal notices must be submitted in writing and will be deemed delivered when received by us via documented delivery method.

Acknowledgment of Understanding

By using our services or website, you acknowledge that you have read these Terms and Conditions in their entirety, understand them, and agree to be bound by them. You acknowledge that these terms constitute a binding legal agreement between you and Seasonal Refresh.

If you have questions about any provision of these Terms and Conditions or need clarification before engaging our services, please contact us. We are happy to explain any aspect of these terms to ensure you fully understand your rights and obligations.

Questions or Concerns?

If you have questions about these Terms and Conditions or need assistance understanding any provision, please don't hesitate to reach out. We're here to help and ensure you have a clear understanding of our agreement.

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