Terms & Conditions

Effective Date: November 2, 2024

1. Introduction
   A. Welcome to the website of Apex Cleaning, LLC ("we," "us," or "our"). These Terms and Conditions govern your use of our website, ApexCleaningHelena.com (the "Site"), and the services we provide (the "Services"). By accessing or using our Site or our Services, you agree to comply with these Terms and Conditions. If you do not agree, please do not use our Site or our Services.

2. Definitions
   A. "The Company" – refers to Apex Cleaning, LLC.
   B. "Cleaner" – denotes the individual or firm performing cleaning services on behalf of the Company.
   C. "Client" – signifies the person, firm, or corporate entity, including any subsidiaries or associated companies, to whom the cleaning services are supplied by the Company. In this document, "Client" may also be referred to as "you."
   D. "Service" – refers to the cleaning services conducted on behalf of the Company.
   E. "Cleaning Visit" – indicates the visit to the Client’s service address by the Cleaner to perform the Service.

3. Services
   A. Apex Cleaning, LLC offers professional cleaning services (the "Services"). We reserve the right to modify or discontinue any part of our Services at any time without prior notice.
   B. Our Services are fully insured, providing you with peace of mind while we work.

4. Booking and Payment
   A. To book our Services, you are required to provide personal information, including your name, contact information, address, and payment details. By providing this information, you consent to our collection and use of your data as outlined in our Privacy Policy.
   B. Payment for our Services is due at the time of booking unless otherwise agreed upon. We accept various payment methods, and you are responsible for providing accurate and complete payment information.
   C. All services requested by the Client will be charged accordingly. Work undertaken on behalf of the Client is deemed approved upon verbal or written confirmation, including emails or messages.
   D. Payments are due as per the terms stated on the invoice, processed via our appointed bank.
   E. Interest may apply to overdue accounts at a rate of 8.5%. Non-payment may result in the withholding of services and termination of the engagement.
   F. Any expenses incurred while working for the Client, such as meeting room use and courier charges, will be charged and documented.
   G. Consistent late payments will incur a 20% pre-payment requirement for future work.
   H. We reserve the right to pursue statutory interest and debt recovery costs under the Late Payment of Commercial Debt (Interest) Act (1988).
   I. All prices are quoted in US dollars and are exclusive of applicable taxes.
   J. Invoicing may occur monthly or at the conclusion of a project based on agreed terms.
   K. Payments are due within 7 days of the invoice date unless otherwise agreed.
   L. Services will cease after the 7-day payment period if the invoice remains unpaid.
   M. Quotations are valid for 30 days unless revised by the Company.
   N. Services are available on both a one-off and retainer basis.
   O. Additional work outside the original brief will be quoted separately.
   P. Prices for cleaning services are reviewed annually and adjusted in line with inflation or other reasonable circumstances.

5. Cancellations and Rescheduling
   A. You may cancel or reschedule your appointment by notifying us at least 48 hours in advance.
   B. Cancellations made less than 48 hours before the scheduled appointment may be subject to a cancellation fee.
   C. The Client agrees to pay the full price if:

   • Cancellation occurs less than 24 hours before the scheduled visit;

   • Access to the premises is denied;

   • Key issues prevent access.

   • D. Changes to scheduled visits require a minimum of 24 hours’ notice but are subject to availability.

   • E. If the Client fails to cancel a Bank Holiday visit with 24 hours’ notice, the regular fee will apply.

6. Cancelling Custodial Contracts
   A. Notice of Cancellation
   Clients wishing to cancel an ongoing custodial contract must provide written notice at least 30 days prior to the desired cancellation date.
   B. Cancellation Fees
   Cancellations made with less than 30 days' notice may incur a cancellation fee equivalent to one month's service fee, unless otherwise agreed in writing.
   C. Final Invoice
   Upon cancellation, a final invoice will be issued, including any outstanding charges for services rendered up to the cancellation date.
   D. Early Termination
   If the Client cancels the contract before the agreed-upon term is completed, the Company reserves the right to charge for services rendered at the agreed-upon rate for the duration of the term up to the cancellation date.
   E. Post-Cancellation Services
   Clients are encouraged to complete any necessary arrangements for ongoing cleaning services before the cancellation takes effect, as the Company will cease all services on the effective cancellation date.

7. Customer Responsibilities
   A. You agree to provide us with access to the premises where the Services will be performed.
   B. You are responsible for ensuring safe access for our staff to the area.
   C. We are not liable for any damages or losses incurred due to inaccessible areas or hazardous conditions. Our liability is limited, but our full insurance provides coverage for any damages that may arise during the performance of our Services.

8. Liability Limitation
   A. To the fullest extent permitted by law, Apex Cleaning, LLC shall not be liable for any indirect, incidental, or consequential damages arising from your use of our Services or Site.

9. Hold Harmless Agreement
   The Client agrees to indemnify, defend, and hold harmless Apex Cleaning, LLC ("The Company"), its owners, employees, agents, and affiliates from and against any and all claims, liabilities, losses, damages, expenses, or costs, including reasonable attorney fees, arising out of or in connection with:
   A. Any acts or omissions of the Client, including but not limited to failure to provide accurate access to the service premises or failure to secure valuable items and fragile belongings prior to the cleaning services being performed.
   B. Any injuries, damages, or losses incurred by the Client, their guests, or third parties resulting from the performance of cleaning services by a Cleaner on behalf of The Company, except in cases of gross negligence or willful misconduct by The Company.
   C. Any claims related to the condition of the premises prior to the commencement of the Service, including but not limited to existing damage, hazards, or any other issues that could affect the safety or performance of the Cleaning Visit.
   This Hold Harmless Agreement shall survive the termination of the services provided by The Company and shall be binding upon the Client and their heirs, successors, and assigns.

10. Equipment
    A. Cleaning materials are provided by the Company. If the Client requires the use of their materials or equipment, they must be safe and in proper working order.
    B. The Client must provide clear instructions for any complex equipment used.
    C. The Company accepts no liability for issues arising from the use of the Client’s materials or equipment.

11. Checklists
    A. A checklist can be provided upon request, or clients may leave a list of priorities for the Cleaner.

12. Refunds
    A. No refunds will be granted once the cleaning service is completed; however, clients must notify the Company within 24 hours of any dissatisfaction for rectification.
    B. Refunds will be issued for cancellations made 24 hours in advance of a cleaning visit.
    C. Refunds will also be issued if a Cleaner fails to attend a scheduled visit.

13. Claims
    A. The Company’s public liability insurance covers damages caused by cleaning operatives up to $1,000,000.
    B. The Company guarantees correction of reported issues within 24 hours. Claims must be reported promptly.
    C. The Client waives the right to stop payment unless the Company fails to address valid claims.
    D. While the Company strives to prevent damage, identical replacement is not guaranteed. Clients are advised to secure irreplaceable items.
    E. The Company will repair or credit damaged items up to their actual cash value.
    F. The Company is not liable for damage due to faulty installations or unsealed surfaces.
    G. Fraud attempts will be prosecuted, with potential costs borne by the Client.
    H. Key replacement fees are limited to $30 per location for keys lost by Company operatives.

14. Complaints
    A. All complaints are taken seriously. Clients are encouraged to report any dissatisfaction immediately for rectification.

15. Liability
    A. The Company shall not be liable under any circumstances for any loss, expense, damage, delay, costs, or compensation arising from or connected with a late arrival of Company operatives.
    B. The Company shall not be liable for any loss, expense, damage, delay, costs, or compensation related to incomplete cleaning due to lack of utilities or third-party presence.
    C. The Company shall not be liable for any existing damage to the Client’s property.

16. Supplementary Terms
    A. The Company reserves the right to adjust rates based on changes in service requests.
    B. The Company reserves the right to amend the initial quotation should the Client’s original requirements change.
    C. Estimates of cleaning time are approximate and may require flexibility.
    D. Pricing may vary based on property condition and size.
    E. The Company will attempt to arrange a replacement Cleaner if the regular Cleaner is unavailable.
    F. Specialized cleaning services may require longer timeframes.
    G. Fragile items must be secured or removed.
    H. Reasonable changes to these Terms may occur with mutual agreement.

17. Our Guarantee
    A. Apex Cleaning, LLC is committed to providing exceptional service. If the Client is dissatisfied with cleaned areas, the Cleaner will return to rectify the issue at no additional cost, unless the premises’ condition has deteriorated since the original cleaning.

18. Changes to Terms and Conditions
    A. We reserve the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on our Site. Your continued use of the Site and Services after any modifications indicates your acceptance of the updated Terms and Conditions.

19. Governing Law
    A. These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Montana, specifically pertaining to service contracts.

20. Contact Us
    A. If you have any questions or concerns regarding these Terms and Conditions, please contact us at:

    Apex Cleaning, LLC
    Zeb@ApexCleaningHelena.com
    (406) 417-9299