Terms and Conditions

Definitions:

— Company: Refers to SparkleNYC LLC, the provider of the cleaning services.

— Client: Refers to the individual or entity receiving the cleaning services from the Company.

— Services: Refers to the cleaning services provided by the Company as described in the quote.

— Quote: The estimated cost provided by the Company for the Services.

— Agreement: The contract between the Company and the Client for the provision of Services, including these Terms and Conditions.

— Post Construction Cleaning: Refers to the specialized cleaning services provided after the completion of construction or renovation work. This includes the removal of dust, debris, and other materials left behind after construction, ensuring the premises are clean, safe, and ready for occupancy. Post Construction Cleaning assumes the premises are in a reasonable state, with all construction work completed, coverings and protections removed, and no subcontractors working on-site during the cleaning period.

I. RECITALS

The purpose of this agreement is to state the terms and conditions under which SparkleNYC LLC (the “Company”) will provide cleaning services to you (the “Client”).

II. BINDING AGREEMENT

2.1 Acceptance of Quote:

By agreeing to our quote via Jobber, you acknowledge and accept the terms and conditions outlined in this document.

2.2 Acceptance of Terms:

By accepting these Terms, you agree that this is clear and unequivocal proof that the Terms are not unconscionable, there is no unfair bargaining power or position, there is no duress, and you have carefully read and understood the Terms. If you do not understand any part of the Terms, you should seek independent legal advice.

2.3 In the event of conflict, these Terms and Conditions shall prevail over any other terms of business or purchase conditions put forward by the Client, unless otherwise agreed in writing.

2.4 The Company will periodically review the Terms and reserves the right to change the Terms, without any notice to you, by updating this document. You should review this document regularly as any changes to the Terms take immediate effect from the date of publication. Your continued use of our services after any changes are made will constitute your acceptance of those changes.

III. SERVICES

3.1 If you have selected to receive cleaning services on an hourly basis, the following terms apply:

(a) The minimum purchase is 3 hours per cleaner;

(b) The number of cleaners attending your premises to perform cleaning services may vary but this does not affect the initial quoted price, nor will it affect the cleaning time booked;

(d)Factors such as current condition of the premises, number of rooms, bathrooms, WCs, shower rooms, etc. may mean that the services will not be completed within the time period you have purchased;

(e) The Company makes no warranty that the time allowed for the cleaning services will be sufficient for the job to be completed, but only that the time allowed for is the estimated time required for a typical job of the same general specification indicated in a standard dwelling of a similar size shown in the pricing to be completed.

(f)The prices you have been quoted are based on the assumption that the premises are in a reasonable state with no obstructions and the services can be readily provided. This includes absence of any subcontractors working on-site or scheduled during our cleaning period.

3.2 If you have purchased the Company’s Post Renovation Cleaning, or Post Construction cleaning services the following terms apply:

(a) The number of cleaners attending your premises to perform cleaning services may vary but this does not affect the initial quoted price, nor will it affect the cleaning time booked;

(b) The quoted price is for the entire job and is not based on hourly rates or per person, unless explicitly stated otherwise on the quote.

(c)The prices you have been quoted are based on the assumption that the premises are in a reasonable state with no obstructions, heavy materials or construction equipment and the services can be readily provided.

This includes:

– Completion of all construction work.

– Removal of all coverings and protections.

– Absence of any subcontractors working on-site or scheduled during our cleaning period.

(d) If the construction site is not fully prepared as described above, we cannot be held responsible for fulfilling the work as quoted. In such cases:

– We will complete the cleaning to the best of our ability under the circumstances.

– We do not assume liability for issues arising from the site not being ready.

– Delays caused by ongoing construction activities are not our responsibility.

3.3 The Client must provide running water, electricity, sufficient lighting and heat/air conditioning, depending on weather conditions, at the premises where the services take place as is necessary to reasonably conduct the cleaning services.

3.4 Delicate Items: We do not clean fragile or delicate items, including light fixtures such as chandeliers, due to insurance limitations.

IV. CLIENT’S OBLIGATIONS

4.1 The Client acknowledges that it is solely liable for:

(a) Ensuring the Company has unimpeded access to the premises in order to perform cleaning services on the agreed date for the full length of time of the cleaning services;

(b) Providing instructions regarding the deactivation/activation of any alarm systems or home systems;

(c) Ensuring that any dogs or other pets at the premises are adequately restrained while the services are being performed so as not to interfere with the cleaning services, which Client expressly acknowledges and represents that it shall be responsible for any injuries or damages arising from any dogs or other pets that are at the premises while cleaning services are performed ;

(d) Providing the Company with full, clear and explicit instructions in detail of what areas the Client wants cleaned;

(e) Informing the Company of any areas which are not to be cleaned or require special cleaning instructions.

V. PAYMENT TERMS:

Payment is due as specified in the quote. By agreeing to the quote, you agree to pay the full amount for the job as outlined within 5 days of receiving the invoice, regardless of any delays caused by the construction company.

VI. CHANGES AND CANCELLATIONS:

– For regular clients or ongoing services, a minimum of two weeks’ notice is required to cancel or pause the service. This notice period allows us to appropriately allocate our team and resources. Failure to provide adequate notice may result in cancellation fees.

– For all other jobs, you can cancel or amend a booking up to 72 hours before the Service is scheduled to begin.

– If you cancel or amend a booking within 72 hours before the Service is scheduled to begin, you may be subject to cancellation fees.

– You cannot amend, extend, or cancel a booking during the performance of the Services.

VII. MATERIALS AND SUPPLIES

7.1 If you have purchased the Company’s Post Renovation Cleaning, or Post Construction cleaning services , the Company will furnish all materials and equipment necessary to perform cleaning services. Pick up and drop off fees are not included.

7.2 If the Client requires the Company to use the Client’s materials or equipment, all items must be safe to use, in full working condition and must not require any special skills, knowledge or expertise to be used for the purpose of cleaning.

7.3 The Company will not use any materials or equipment that requires special instructions to use or operate.

7.4 If the Company utilizes materials or equipment provided by the Client, then the Client will indemnify and hold harmless the Company from any damages of any kind arising from such use. The Client further agrees that the Company will not be liable to the Client for any damages that may arise from the use or operation of any materials or equipment that is furnished by the Client.

VIII. WAIVER OF LIABILITY:

8.1 We do not assume liability for delays caused by construction companies, which are known for their occasional delays.

8.2 In no event shall the company be liable to you or any third party for damages of any kind arising out of the cleaning services (including, without limitation, any direct, indirect, special, punitive, incidental, consequential or other damages or damages for loss of profits, business interruption, or loss of data). This limitation of liability shall apply even if the company shall have been advised of the possibility of such damages or is negligent, and regardless of the form of action, whether in contract, tort, or otherwise.

IX. INDEMNIFICATION

9.1 The Client agrees to indemnify and hold harmless the Company, its subsidiaries, affiliates, officers, agents, and representatives, and its and their officers and employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and disbursements and court costs) arising from or in connection with the cleaning services provided by the Company; your violation of these Terms and Conditions or any other agreement with the Company, or your violation of any rights of any third party.

X. MISCELLANEOUS

10.1 The validity, construction, interpretation, and effect of these Terms and Conditions and any other agreements contemplated or referenced herein shall be governed by the laws of the United States of America and the State of New York, without regard to principles of choice of laws. Each of the parties hereto hereby consents that any action or proceeding arising out of or relating to these Terms and Conditions or the arrangement described herein shall be commenced and maintained exclusively in the Supreme Court of the State of New York, in and for the county of New York.

10.2 If any provision of these Terms and Conditions shall be deemed invalid or unenforceable as written (an “Invalid Term”), it shall be construed, to the greatest extent possible, in a manner that shall render it valid and enforceable, and any limitations on the scope or duration of any such provision necessary to make it valid and enforceable shall be deemed to be part thereof. If any

Invalid Term cannot be modified as stated in the preceding sentence, such Invalid Term shall be severed from these Terms and Conditions and all other terms and provisions shall be remain in full force and effect.

10.3 The failure of the Company to insist upon strict adherence to any term or provision of these Terms and Conditions on any occasion shall not be considered a waiver thereof or deprive the Company of the right thereafter to insist upon strict adherence to that term or provision or any other term or provision of these Terms and Conditions.

By accepting our quote and these terms and conditions, you acknowledge and agree to comply with these guidelines. Thank you for selecting our cleaning services for your cleaning needs.