JM Total Clean Terms of Service
Roof Cleaning & 2 Year Limited Warranty: JM Total Clean does not use high-pressure during roof cleaning process. A soft brooming estimate was provided to agitate and remove excess build-up before applying our cleaning solution which will kill 100% of the remaining organic growth and its root systems. All remaining dead compounds may take up to 6 months to fall off naturally. This process was designed to thoroughly clean your roof without damaging shingles.
TERMS OFSERVICE
1. Terms
By accessing this web site,you are agreeing to be bound by these web site Terms and Conditions of Use, allapplicable laws and regulations, and agree that you are responsible forcompliance with any applicable local laws. If you do not agree with any ofthese terms, you are prohibited from using or accessing this site.
"We" "Thecompany" "JM Total Clean" Are all used to refer to JM Windows,
2.Disclaimer
1. The materials on JM Total Clean website areprovided “as is”. JM Total Clean makes no warranties, expressed or implied, andhereby disclaims and negates all other warranties, including withoutlimitation, implied warranties or conditions of merchantability, fitness for aparticular purpose, or non- infringement of intellectual property or otherviolation of rights. Further, JM Total Clean does not warrant or make anyrepresentations concerning the accuracy, likely results, or reliability of theuse of the materials on its Internet web site or otherwise relating to suchmaterials or on any sites linked to this site.
3.Limitations
In no event shall JM TotalClean be liable for any damages (including, without limitation, damages forloss of data or profit, or due to business interruption,) arising out of theuse or inability to use the materials on JM Total Clean Internet site, even if JMTotal Clean or a JM Total Clean authorized representative has been notifiedorally or in writing of the possibility of such damage. Because somejurisdictions do not allow limitations on implied warranties, or limitations ofliability for consequential or incidental damages, these limitations may notapply to you.
4.Revisions and Errata
The materials appearing on JMTotal Clean website could include technical, typographical, or photographicerrors. JM Total Clean does not warrant that any of the materials on its website are accurate, complete, or current. JM Total Clean may make changes to thematerials contained on its web site at any time without notice. JM Total Clean doesnot, however, make any commitment to update the materials.
5.Links
to JM Total Clean has notreviewed all of the sites linked to its Internet web site and is notresponsible for the contents of any such linked site. The inclusion of any linkdoes not imply endorsement by to JM Total Clean of the site. Use of any suchlinked web site is at the user’s own risk.
6.Site Terms of Use Modifications
to JM Total Clean mayrevise these terms of use for its web site at any time without notice. By usingthis web site you are agreeing to be bound by the then current version of theseTerms and Conditions of Use.
7.Governing Law
Any claim relating to JMTotal Clean’s web site shall be governed by the laws of the State of Oregonwithout regard to its conflict of law provisions.
General Terms andConditions applicable to Use of a Web Site.
MESSAGING TERMS & CONDITIONS
JM Windows, LLC | JM TotalClean | 606 Camden Ln Newberg, OR 97132
General
When you opt-in to theservice, we will send you a message to confirm your signup.
By opting into messages,you agree to receive recurring automated marketing and informational textmessages from JM Total Clean. Automated messages may be sent using an automatictelephone dialing system to the mobile telephone number you provided whensigning up or any other number that you designate.
Message frequency varies,and additional mobile messages may be sent periodically based on yourinteraction with JM Total Clean. JM Total Clean reserves the right to alter thefrequency of messages sent at any time to increase or decrease the total numberof sent messages. JM Total Clean also reserves the right to change the shortcode or phone number where messages are sent.
Message and data rates mayapply. If you have any questions about your text plan or data plan, it is bestto contact your wireless provider. Your wireless provider is not liable fordelayed or undelivered messages.
Your consent to receivemarketing messages is not a condition of purchase.
Carriers
Carriers are not liable fordelayed or undelivered messages.
Cancellation
You can cancel any time bytexting “STOP”. After you send the SMS message “STOP”, we will send you amessage to confirm that you have been unsubscribed and no more messages will besent. If you would like to receive messages from JM Total Clean again, justsign up as you did the first time and JM Total Clean will start sendingmessages to you again.
Info
For support regarding ourservices, email us at office@jmtotalclean.com
Transfer of Number
You agree that beforechanging your mobile number or transferring your mobile number to anotherindividual, you will either reply “STOP” from the original number or notify usof your old number at office@jmtotalclean.com. The duty to inform us based onthe above events is a condition of using this service to receive messages.
Privacy
If you have any questionsabout your data or our privacy practices, please visit our Privacy Policy.
Messaging Terms Changes
We reserve the right to change or terminateour messaging program at any time. We also reserve the right to update theseMessaging Terms at any time. Such changes will be effective immediately uponposting. Your continued enrollment following such changes shall constitute youracceptance of such changes
JM TOTAL CLEAN
CUSTOMER CONTRACT
This Customer Contract (the “Contract”), by and betweenJM Total Clean (“Company”) and Client, sometimes referred to hereincollectively as the “Parties”, is made effective the moment that Client acceptsCompany’s proposal or estimate.
WHEREAS, Company wishes forClient to understand Company’s expectations in exchange for the servicesCompany provides;
WHEREAS, Company wishes toprovide residential and commercial exterior cleaning services, such as pressurewashing, soft washing, roof cleaning, window cleaning, deck cleaning, andgutter cleaning services to Client in accordance with the terms of thisContract.
WHEREAS, Client wishes forCompany to perform the aforementioned services at Client’s property inaccordance with the terms of this Contract.
NOW, THEREFORE, for good and valuableconsideration, including but not limited to the consideration described below,the receipt and sufficiency of which are hereby acknowledged, the Parties agreeas follows:
1. Acceptance of Terms. Client understands that by accepting an estimate provided byCompany, Client agrees to all of the terms and conditions contained in thisContract. Client authorizes Company to accomplish the job specified in theestimate. Client further agrees to hold Company harmless for any propertydamage not caused by Company’s negligence. Company is not responsible fordamages already noted during pre-inspection, when providing an estimate, orduring on-site pre-work inspection, including but not limited to, damages toloose siding, paint, wood, trim, windows, oxidation, landscaping, or roofing.
2. Binding Agreement. This Contract serves as a binding agreement between Client andCompany. This Contract constitutes the sole and entire agreement between theparties hereto and no modification of this Contract shall be binding unlesssigned by all parties or assigns to this Contract. No representation, promise,or inducement not included in this Contract shall be binding on any partyhereto.
3. Authorizations.
a. Client shall allowCompany, its employees, and representatives access to Client’s property toaccomplish the requested cleaning services. Client further agrees to allowCompany to visit the property prior to the date of service for assessment andafter the services were performed for a follow-up check. The aforementionedvisits may be done with short or no notice.
b. On the date of service,Client agrees to allow Company to use the residential/commercial water sourcevia an outdoor spigot. In areas where well water is used or there is low waterpressure, Client agrees to provide advance notice of such conditions so Companycan prepare and bring an adequate amount of water for the cleaning service. Inthe event Company is required to supplement the water supply, Clientunderstands that additional charges will be assessed to Client as extraequipment is needed to transport water and feed the water from the tanks. Theseadditional fees will vary depending on factors like location and the quantityof water needed.
b. Client agrees to allowCompany to connect to Client’s electrical supply to charge batteries andoperate pumps. Company’s crew members will inspect Client’s electrical outletto ensure that there is no damage to it and the area surrounding. Client is requiredto notify Company prior to performing services if electrical outlets areunavailable. Company’s crew members will take before and after photographsdocumenting the condition of the outlet. Client agrees to notify the Company inadvance if outlets are unavailable. Company shall not be held liable fortripped breakers or damages regarding electrical issues while performingcleaning or issues outside Client’s home unrelated to cleaning services.
d. Company cannot proceedwith any washing or cleaning service if Client has ongoing construction and/orhome improvement projects going on. Client is hereby advised to scheduleCompany’s services to be performed on dates when no construction and/or homeimprovement projects are being completed. A cancellation fee of $150.00 shallbe charged to Client if Company arrives at Client’s property for washing and/orcleanings and construction and/or home improvement projects are ongoing andlimit Company’s ability to perform services.
e. During unavoidablecircumstances, such as emergency or inclement weather conditions, Company shallperform the requested cleaning services on the next available business day.Client acknowledges that as much as Company wants to accommodate a quickreschedule, Company has other considerations to take into account such asworking with other scheduled clients and weather situations.
4. Payment Terms.
a. Unless otherwise agreed by the parties in writing, payment is due upon the completion of work. Companyaccepts all forms of payment including cash, check, or credit. If paying with credit, Company accepts pay through through a credit card processor link or the office for the privacy and security of Company’s information. Any invoice or scheduled payment over 10 days past due will be subject to a 7% late fee. If any invoice or scheduled payment goes 30 days past due, Company shall have theright to file a civil suit to collect the outstanding debt. Company further reserves the right to refuse to continue to do business with a client who iscurrently past due or who has been 30+ days past due more than once.
b. If Client and Company have a net 30 days’ payment schedule, Client must have payment submitted toCompany within a 30-day grace period. Time is of the essence. Anyinvoice or scheduled payment that is 30 days past due after the date of theContract will be subject to a 7% late fee. If payment is not receivedwithin 60 days of the due date, Company reserves the right to file a civil suit to collect the outstanding debt. Company further reserves the right to refuseto continue to do business with a client under a payment schedule who iscurrently past due or who has been 60+ days past due more than once.
5. Risks and Releases ofLiability.
a. Company has expert technicians who operate the equipment used in any cleaning service. Company always takes extra precautions not only to keep Company’s technicians safe but also to avoid causing any damage to Client’s property. Company understands the type of pressure that a surface needs when cleaning, like the use of low pressure on delicate surfaces. However, damage can be inevitable due to various reasons like poor maintenance, neglect, or low-grade building materials. Client is advised to implement routine maintenance on the home’s surface and also ensure a watertight seal to the home before the date of cleaning to avoid damage. Company shall not be held liable for any damages that occur due to improper maintenance, neglect, or low-grade building materials.
b. On the date of the cleaning service, Company will note any pre-existing damage to the area to be serviced using a checklist sheet that will be signed by Client. In cases whenClient cannot sign, Company will note the absence and take photos of the noted damages. Client or the homeowner should also sign the checklist sheet as proof that they have been informed of any damage. If Client is not present, Company’s employee in charge of the service will notify Client of the noted damages with supporting documents. If Company found any new damage, the services will stop until Client can see the damage and acknowledge its existence.
c. Company has a set ofprocedures to protect plant life in the area. Client understands that cleaning or washing is scheduled during midday sun, and there is a possibility of leaf burn, as water can get around the plant during the cleaning procedures. Any issues with plant life within the area of washing will be evaluated by Company to determine the plan of action. It is Client’s responsibility to know what plants on the property are suffering from leaf burn or are wilted upon arrival.Company is not liable for any damages to plants or landscape that were burned prior to Company showing up, as Company takes high precaution in treating landscape with proper care.
6. House WashAcknowledgment.
a. Client must have a waterspigot available, or arrangements should have been made with Company for waterthat will be brought to the site, subject to additional fees, as outlined inSection 3(b) of this Contract. Client is hereby advised that Company’s serviceequipment needs a direct connection to a water line and not on a water faucet.
b. Client understands thatany existing oxidation, flaws, and blemishes will be more visible after cleaning. Vinyl siding that lacks maintenance and exposed to the sun is susceptible to oxidation. Oxidation can cause a chalky, white powder on the surface, thus eliminating the clear luster. The effects of oxidation can benoticeable only after cleaning, as it can be covered with dirt and debris. Thisshould not be pointed out as Company’s fault after cleaning, as it is alwaysdiscussed during pre-inspection and the cleaning process unless it is due to the company’s negligence.
c. In case of “site unseen estimates” where Company uses only photos provided by Client, Eagle viewsoftware, Google maps, or other locally listed information, Company cannot takenote of any flaws in exterior surfaces. However, Company will do its best topoint out any flaws in exterior surfaces on the date of cleaning.
d. Client understands thatCompany uses a cleaning solution that is specifically formulated for their cleaning services. It is proven not to cause any discoloration or damage tohome siding. Client should not be alarmed if Client notices the faint rusty color on Client’s siding. These are called weep holes to allow ventilation and allow condensation to drain out. However, these can be little homes for bugs. Debris and dirt can also accumulate in these holes. After washing, as it goes to the drying process, leftover water or bug juices drained from these holes.These can be bug feces, mold, and debris. These will come off with the rain, morning dew, or garden hose. These are not stains and are not permanent. If the weep holes drip heavily, Company agrees to do a visual inspection and a full rinse.
7. Roof TreatmentAcknowledgment.
a. Client must have a waterspigot available, or arrangements should have been made with Company for waterthat will be brought to the site, subject to additional fees, as outlined inSection 3(b) of this Contract. Client is hereby advised that Company’s service equipment needs a direct connection to a water line and not on a water faucet.
b. Client understands that Company uses a cleaning solution that is guaranteed to kill damaging growths like algae, moss, or lichen. Roofs react differently to the solution, meaning the result may vary. There are times when it takes more time to completely remove the dead growths. The materials and the age of the roof, the location, and the amount of build-up can affect the length of time to see the results. Company does not pull growth with a force, as it can cause damage. However, if Client insists on Company doing so, Client should sign a waiver stating thatCompany is not liable for any damage that it may cause and that Client understands that doing so could void the warranty with the roof manufacturer.
c. Client understands that roofs naturally suffer granular loss over time. Algae, moss, and lichen can cause more significant granular loss. Also, after a roof cleaning, areas affected by granular loss are more visible since no organic matter is covering it.
8. Touch Ups on Roofs. Touch-ups on roofs may be needed after washing. There is a possibility that washing may leave light brown areas after treatment and washing. These are just dead algae, or the black streaks before treatment. In these cases, Client must understand that Client needs to wait for dead algae to come off with the help of natural elements like rain and sun exposure. These traces will fade after 6 to 8 weeks or longer, especially on shingles. If the traces do not fade after 6 to 8 weeks, Client can contact Company so the parties can assess and decide what to do next. The span of time can also determine if the reapplication of the solution is needed. Touch-ups are not charged to Client given that it is necessary for proper treatment on the initial quote.
9. Client’s Obligations OnDate of Service. Client hereby agrees to ensure that the following preparation stake place prior to Company’s arrival on the date of service:
a. Doors and windows should be shut tightly.
b. Please have all pet droppings removed from areas immediately around home.
c. Keep pets and kids indoors before and during cleaning.
d. Clear the area to be serviced and remove sensitive materials like rags, doormats, outdoor furniture, and your vehicles from the areas being washed.
e. Client should refrain from using other water outlets in the residence to maintain the pressure or volume that is needed in cleaning.
f. Have an accessible and activated water spigot, or other arrangements should have been made with Company for water that will be brought to the site, subject to additional fees, as outlined in Section 3(b) of this Contract. Client is hereby advised thatCompany’s service equipment needs a direct connection to a water line and not on a water faucet. For maximum pressure, Company should connect to a direct line and not on the faucet. Company needs a steady pressure of 40 PSI.
10. Exclusions &Limitations.
a. To secure a cleaning service, a 20%-30% deposit is required for estimates exceeding $1,000.00 This amount is non-refundable and will be deducted from the total quoted price oncethe service is completed on Client’s invoice. The deposit must be paid to keepClient’s scheduled slot in connection with approving the quote sent viasignature. As an example, if a job is quoted at $300.00, a $75.00 deposit is required, leaving the remaining $225.00 balance due after service. There are some cases when a higher deposit is required depending on the material of the surface to be clean and the type of cleaning that should be done. This will be prepared for Client with details from Company’s office manager.
b. A Client is required to inform the Company if water pressure is unreliable or unstable. Services cannot be maintained if there is water failure and will then affect the cleaning process. An example of water failure is when the filtration system fails or the well pump stops and Company is not the one at fault. If water source can be a problem, Client must have other options or must make some arrangements with Company for Company to bring water to the site, which requires additional fees, as outlined in Section 3(b) of this Contract.
c. A cancellation fee of $150.00 will be assessed if Client cancels service without prior notice 24 hours or more before the date of service. The same applies when Company has already arrived on the scheduled date and cleaning cannot proceed because of ongoing construction work.
d. A fee of $100.00 will be assessed if Company returns to the site to review a noted issue or complaint byClient and Company finds that the issue was not caused by Company’s negligence. An example is when a house cleaning is accomplished in the morning and Company receives a call from a client in the evening saying that remaining debris isleft in the siding. An assigned crew performs a review and fills a checklist sheet first. When it was determined that a lawn care service was performed in the afternoon and that the debris left on the siding was made after Company had completed the wash, Company would not be considered at fault and the $100.00 fee would be assessed.
e. For window cleaning service using a purified water-fed pole system, Client agrees that Company is not liable for damaged screens, as screen removal needs prior arrangements with Company.
f. A $45.00 processing fee will be assessed in the case of returned checks.
g. Company will not be held responsible for water leaks and intrusion. As much as Company makes every effort, there are times when it is inevitable due to inadequate seals on windows and doors or cracks on walls and foundations.
h. Client understands thatCompany should be notified in advance in writing if there are particular surfaces in the area or its surrounding that are sensitive to Company’s cleaning solution. If not, Company is not responsible for any ill-effect that it may cause on any surface.
i. Client understands thatCompany is not responsible for the following:
i.Unreachable areas beyond 28 ft ladder capability
ii. Wasp Nests and BirdNests that are unreachable
iii. Cleaning in the form of a “stripping” service
iv. Oxidation removal from gutters, vinyl, metal. (tiger stripes)
v. Storm Windows and leakage
vi. Uncovered Outlets &Old Outlets that have dry rotted and become unsealed.
vii. Furniture Removal &Reinstall
viii. Runoff Cleaning (chemical cleans and area that is nasty underneath the area being contracted to clean)
ix. Weep Holes and dirt buildup from behind a weep hole causing runs.
x. Vine Remnant and Removal
xi. Artillery Fungus
xii. Paint Splatters - wecannot remove these.
xiii. Tree Sap
xiv. Wood Stripping or Client request to put high pressure on wood (We will not destroy wood for the sake of“cleaning it.”)
xv. Open windows
xvi. Well Water Problems
xvii. Window Spotting as aresult of the House Washing Process.
xviii. Paint Runs & Fading- It is Client’s responsibility to understand the type of paint on the home.Some types of paint are notorious for runs and fading with standard house wash procedures, and Company is not liable for paint runs or fading with these types of paint or any organic paint runs or fading.
xix. Faulty electrical outlet covers allowing water to seep in and enter the outlet, causing fires or the breaker to throw.
xx. Company is not responsible for the rare fogging issue with multi-pane windows with bad seals.
j. This Contract does notguarantee that all stains will be 100% removed. Company strives to make theexpectations clear, and Company will not use pressure as a means of removing a blight if damage would ensue.
k. Company is not responsible for any ill effects to any substrates that were not pre-discussed beforehand with an email in our inbox. If Company has not been notified in advance in writing that something cannot have detergent upon it, Company is not responsible for it.
l. Company is not responsible for any water intrusion. Company will do its best to mitigate any water intrusion, but Client acknowledges that bad seals around windows, doors, and concrete can make this unavoidable.
11. Content Use &Release. Client agrees to give Company permission to use photos, videos, reviews, or descriptions of the property for the purpose of advertising. These will be used without any compensation to Client. Client agrees not to initiate any civil action against Company with regard to the use of the above media.Company will not reveal personal and/or sensitive information like names and/or addresses. Upon Client’s approval, Company is allowed to display a sign for marketing on the property for no more than seven days. If Client damages the signage, Client will be charged the retail cost of the sign.
12. Company’s DamagesLiability. Company is liable forany damage to properties that is a direct result of the company’s negligence like operator errors and willful misconduct. Damages must be reported to the company not more than two days after the completion of the cleaning service, otherwise those damages are waived. Client agrees to allow Company 30 calendar days from the date of being notified of any potential damages to inspect and cure the issue(s) prior to Client initiating any action related to the alleged damages.
13. Severability. If any provision of thisContract or the application thereof is held invalid by a court, arbitrator, or government agency of competent jurisdiction, the Parties agree that such a determination of invalidity shall not affect other provisions or applications of the Contract which can be given effect without the invalid provisions andthus shall remain in full force and effect or application.
14. Attorneys’ Fees andCosts. If at any pointeither Party breaches the commitments contained within this Contract, the non-breaching Party is entitled to recover all of its reasonable attorneys’ fees and all other reasonable costs incurred in the preparation and service ofany notice or demand hereunder, whether or not a legal action is subsequently commenced.
15. No Waiver of Breach. The failure to enforce any provision of this Contract shall not be construed as a waiver of any such provision, nor prevent a Party there afterfrom enforcing the provision or any other provision of this Contract. The rights granted the Parties are cumulative, and the election of one shall not constitute a waiver of such Party’s right to assert all other legal and equitable remedies available under the circumstances.
16. Choice of Law. The validity and construction of this Contract shall be determined under Oregon law, without regard to its internal conflicts of laws rules.
17. Amendments to theContract. This Contract shall not be altered, amended, or modified by oral representation made before or after the execution of this Contract. All amendments or changes of any kind must be in writing, executed by all Parties.
18. Forum Selection;Jurisdiction; Venue. For purposes of any action or proceeding arising out of this Contract, the parties hereto expressly submit to the jurisdiction of all federal and state courts located in Yamill County, Oregon. Further, Parties waive and agree not to assert in any such action, suit or proceeding that they are not personally subject to the jurisdiction of such courts, that the action, suit or proceeding is brought in an inconvenient forum or that venue of the action, suit, or proceeding is improper.
