At Clean Pro Gutter Cleaning, we are committed to providing our customers with the highest quality gutter cleaning services possible. That’s why we have established a set of policies to ensure that we maintain a consistently high standard of service.
On this page, you’ll find links to all of our policies, including our customer service policy, pricing policy, and safety policy.
Table Of Contents:
30 Day Warranty:
Clean Pro Gutter Cleaning is committed to simply exceptional service, and our 30-day warranty is a part of it. We hope you never need to use it, but if the occasion occurs, we will back it up every time!
Duration: This warranty begins on the completion date of the cleaning and will last for 30 days.
Limitations: This warranty does not cover if an act of God occurs and new debris is placed within the guttering system. This warranty only covers any potential negligence on our part.
Transferability: This warranty is fully transferable within the 30 day time frame
Claim Process: If there is a problem and you would like to file a claim, please contact us here to start a ticket.
Remedies: If we are not able to resolve the situation within 30 days, or to your satisfaction, you can request any monies paid to be returned.
Responsiveness: You will be contacted within 24 hours to remedy any warranty claim.
Cost: This warranty is provided free of charge for every gutter cleaning we do.
Disclaimer: This warranty does not have any cash value.
Customer Service Policy
At Clean Pro Gutter Cleaning, we understand that excellent customer service is key to building strong, lasting relationships with our clients. That’s why we are committed to providing our customers with a high level of service that goes above and beyond their expectations. In this policy, we outline our commitment to delivering excellent customer service and the ways in which we strive to meet this goal.
Our Commitment to Customer Service: At Clean Pro Gutter Cleaning, we are committed to providing our customers with timely, reliable, and professional service. We believe that good communication is key to providing excellent service, which is why we are dedicated to keeping our customers informed at every stage of the process. We strive to be responsive to our customers’ needs, and we are always available to answer any questions or concerns that they may have.
Our Customer Service Process: Our customer service process begins with our initial contact with the customer. We believe in being clear and transparent with our customers from the very beginning, which is why we provide upfront pricing information and a clear explanation of our services. Once the job has been scheduled, we keep our customers informed of our progress and provide regular updates on the status of their project. We always follow up with our customers after the job is complete to ensure that they are satisfied with our work.
Our Customer Service Standards: To ensure that we provide consistently excellent customer service, we have established the following standards:
- Responsiveness: We strive to respond to all customer inquiries and concerns within 24 hours.
- Professionalism: Our technicians are trained to provide professional and courteous service at all times.
- Communication: We believe in keeping our customers informed throughout the entire process, from the initial contact to the completion of the job.
- Satisfaction: We guarantee our work and strive to ensure that our customers are completely satisfied with our services.
At Clean Pro Gutter Cleaning, we are committed to providing our customers with the highest level of customer service possible. We believe that good communication, professionalism, and a dedication to customer satisfaction are key to building strong, long-lasting relationships with our clients. If you have any questions or concerns about our customer service policy, or any of our other policies, please don’t hesitate to contact us.
Gutter Guard Policy
This serves as the official policy of Clean Pro Gutter Cleaning for cleaning out guttering that has gutter guards installed as of 12/21/2023.
Due to the various nature of the different types of guards we will do the following:
- If the guards are easily removed (meaning they have a latch) and are made of metal we will attempt to clean under the guards.
- If the guards are made of plastic, we will not remove them and clean on the top of the guard.
- If the guards are screwed in to the gutters we will not attempt to remove them but will clean off the tops, push water through what we can to flush out any debris.
- If the guards are screwed in and attached underneath the shingles,we will not attempt to remove them but will clean off the tops, push water through what we can to flush out any debris.
- If the guards are the helmet variety, we will only clean on top of the guards.
If you have any questions about this policy please give contact us here with your questions.
At Clean Pro Gutter Cleaning, we believe in providing our customers with upfront pricing information so that they can make informed decisions about our services. We are committed to offering fair, transparent, and competitive prices, and we strive to ensure that our customers receive the best possible value for their investment. In this policy, we outline our commitment to pricing transparency and the factors that determine our pricing.
Our Commitment to Transparent and Competitive Pricing: At Clean Pro Gutter Cleaning, we are committed to providing our customers with transparent and competitive pricing. We believe in being upfront about our prices and explaining the factors that determine our pricing so that our customers can make informed decisions about our services.
Factors That Determine Our Pricing: The following factors determine our pricing:
- Property Size: The size of the property and the number of stories are key factors in determining our pricing.
- Gutter Condition: The condition of the gutters, including the level of clogging and the need for repairs, can affect our pricing.
- Accessibility: The accessibility of the gutters, including their location and any obstacles that may need to be navigated, can affect our pricing.
- Additional Services: Additional services, such as gutter repair or installation, may be required and can affect our pricing.
- Seasonal Demand: Our pricing may be affected by seasonal demand, with prices potentially higher during peak seasons.
Our Pricing Process: To ensure that our customers receive transparent and competitive pricing, we follow the following process:
- Initial Consultation: We provide a free consultation and estimate to all potential customers.
- Upfront Pricing: We provide upfront pricing information to all of our customers, including the factors that determine our pricing.
- Competitive Pricing: We strive to provide our customers with competitive pricing and the best possible value for their investment.
- No Hidden Fees: We do not charge any hidden fees or surcharges, and we provide a detailed breakdown of our pricing.
At Clean Pro Gutter Cleaning, we are committed to providing our customers with transparent and competitive pricing. We believe in being upfront about our prices and explaining the factors that determine our pricing so that our customers can make informed decisions about our services. If you have any questions or concerns about our pricing policy, please don’t hesitate to contact us.
Refund Policy: We offer a refund to our customers under the following circumstances:
- Unsatisfactory Service: If our customers are not completely satisfied with our work (if there is an issues, we request 72 hours to rectify the situation to your satisfaction), we will provide a refund of the full amount paid.
- Overpayment: If our customers have overpaid for our services, we will provide a refund of the overpaid amount.
Refund Process: To request a refund, our customers should contact us by phone or email. We will review the circumstances and process the refund as quickly as possible. Refunds will be issued in the same form of payment that was originally used to pay for the services.
Our Safety Standards: To ensure that we maintain a safe work environment, we have established the following safety standards:
- Equipment Safety: We ensure that all of our equipment is regularly inspected and maintained to ensure that it is safe and in good working order.
- Personal Protective Equipment: We require all of our technicians to wear personal protective equipment, such as gloves and safety glasses while working.
- Training: Clean Pro Gutter Cleaning provides comprehensive training to all technicians, ensuring they have the necessary knowledge and skills to perform their job safely.
- Risk Assessment: We conduct a risk assessment before every job to identify potential safety hazards and take steps to mitigate them.
- Compliance: We comply with all applicable safety regulations and guidelines to ensure that we maintain a safe working environment.
Our Safety Procedures: To ensure that we maintain a safe work environment, we have established the following safety procedures:
- Fall Protection: Our technicians are trained in fall prevention best practices and strictly adhere to OSHA guidelines for working at heights.
- Ladder Safety and Stability: We utilize ladder stabilizers and levelers to ensure secure footing and prevent ladder accidents.
- Roof Safety and Traction: Clean Pro Gutter Cleaning technicians use proper footwear and roof safety gear to maintain traction and avoid slipping on wet or slippery surfaces.
- Debris Removal Techniques: We employ safe and efficient debris removal techniques to minimize the risk of injury and property damage.
- Electrical Hazards Awareness: Our technicians are trained to recognize and avoid electrical hazards, such as power lines and electrical equipment, while working on gutters.
- Safe Use of Tools and Equipment: We use specialized tools and equipment designed for gutter cleaning and ensure our technicians are trained in their safe and proper use.
- Chemical Safety: We use only environmentally friendly cleaning products and ensure that they are used in accordance with safety guidelines.
- Emergency Procedures and First Aid: Our team is trained in emergency procedures and basic first aid to handle any unexpected situations that may arise on the job.
- Weather Conditions and Awareness: Clean Pro Gutter Cleaning monitors weather conditions and postpones work during severe weather to ensure the safety of our technicians and clients.
- Team Communication and Coordination: Our technicians maintain clear communication and coordination with each other and the client to ensure a safe and efficient gutter cleaning process.
At Clean Pro Gutter Cleaning, safety is our top priority. We are committed to providing a safe working environment for our technicians and ensuring the safety of our customers during every job. By adhering to our safety policy and procedures, we can maintain a safe work environment and provide our customers with the highest level of service possible. If you have any questions or concerns about our safety policy, please don’t hesitate to contact us.
Satisfaction Guarantee Policy
Clean Pro Gutter Cleaning Promises:
Our commitment is to be the best in what we provide; a simply exceptional gutter cleaning service. If you don’t feel you received that, then let us know and we will make it right or refund your money.
- Confidence in Quality: You should know that when you select Clean Pro Gutter Cleaning, you are getting the best in the business and that is what we are going to give you: the best.
- Risk-Free Experience: If you don’t like our service, you don’t have to pay your bill. There is No Risk To You!
- Customer-Centric Approach: Our customers our are lifeblood, we believe that customers come first!
- Transparency: We will be transparent throughout the entire process to ensure you are always happy.
- Timely Resolution: If we mess up, we will acknowledge it, fix it, and make you happy or we will refund your money and we will do this quickly.
At Clean Pro Gutter Cleaning, we understand the importance of protecting your privacy. We are committed to safeguarding the personal information of our website visitors and customers. In this policy, we outline how we collect, use, and protect your personal information when you visit our website.
Information We Collect: We collect two types of information when you visit our website:
- Personal Information: We may collect personal information, such as your name, email address, and phone number, when you fill out a form on our website or contact us via email or phone.
- Non-Personal Information: We may collect non-personal information, such as your IP address, browser type, and operating system, when you visit our website.
Use of Information: We use your personal information to:
- Respond to your inquiries and requests.
- Provide you with information about our services.
- Process transactions and provide you with services.
We use non-personal information to:
- Analyze how visitors use our website.
- Improve our website and services.
- Provide anonymous statistics to third-party service providers.
Protection of Information: We take the protection of your personal information seriously. We use industry-standard security measures to protect your personal information from unauthorized access, use, or disclosure.
Sharing of Information: We do not sell, trade, or rent your personal information to third parties. We may share your personal information with trusted third-party service providers who assist us in providing our services to you.
Third-Party Websites: Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of these websites.
Byrd International, LLC
Clean Pro Gutter Cleaning
Terms and Conditions of Service
Last Update: 09/11/2023
Welcome and Thank You for checking out these terms and conditions under which you, (the person using our Platform (as defined below)) can use Byrd International, LLC’s Platform. Hereinafter the terms “us,” “we,” and the like means and refers to Byrd International, LLC, a South Dakota limited liability whose headquarters is situated in Mountain View, Arkansas. We created our Platform to match gutter-cleaning service providers and customers needing gutter-cleaning services, to get your job done! As used herein, “Booking Service” means and refers to this service. We are glad you are informing yourself of these important matters.
please read carefully these terms and conditions of using our platform, website, and mobile application (these 3 facilities, each, collectively and in any combination thereof are referred to as our “Platform”) and the Booking Services we provide through them (the “Service”).
Terms and Conditions with respect to Two Agreements
One between: You and Us
One Between: You and Your Contractor
I. The Agreement Between You and Us. These Preliminary Matters of Importance and that portion of these Terms and Conditions of Service set forth in Article A (As Between You and Us) are part of the contractual relationship that govern the legal rights accruing to and duties owed to one another with respect to the subject matter hereof as well as points of agreement established by text or other legible forms of electronic communications between you and us all in accordance with applicable law, hereinafter collectively referred to as “Our Agreement”.
II. The Agreement Between You and Your Contractor. Applicable portions of these Preliminary Matters of Importance and that portion of these Terms and Conditions set forth in Article B (As Between You and Your Contractor), the Quote Confirmation you receive from us, as the authorized agent of Your Contractor, any scheduling notification you may receive from us as authorized agent of Your Contractor and points of agreement established by text or other legible forms of electronic communications between you and us as authorized agent of Your Contractor all in accordance with law constitutes the “Cleaning Contract,” which governs the legal rights and duties between you and Your Contractor, the service provider that we booked for you to complete the work specified in the Quote Confirmation.
These Preliminary Matters of Importance that Apply to Both Agreements:
Your use of our Platform and our Service is conditioned upon your acceptance of these Terms and Conditions of Service whether they apply to us or Your Contractor. If you do not accept these terms, then do not (i) use our Platform or (ii) book your gutter-cleaning job using our Platform and/or Service. Use of our Platform and/or booking your gutter-cleaning job through our Service constitutes acceptance of all applicable terms and conditions hereunder, whether applicable to us or Your Contractor.
We may change and amend these Terms and Conditions of Service at any time and from time to time in the future without notice, for ourselves and on behalf of Your Contractor. Use of our Platform and Booking Service will be governed by the Terms of Service in effect at the time your Job is booked. We suggest you print a copy of this each time you book your Job through our Platform. Legal Notice to us, however, to be valid, must be dispatched in accordance with the version of this Agreement in effect at the time notice is dispatched.
NOTE: Section 3 contains a Class Action and Jury Trial Waiver that applies to all claims brought against us and/or against Your Contractor. Please read them carefully.
Section 1. Definitions. The below definitions contain contractual provisions, covenants and warranties that you make to us and to Your Contractor. These definitions do not merely define terms. Read them carefully. Naturally, these definitions also provide the meaning of the terms defined below as they are used in these Terms and Conditions of Service with respect to Both Agreements. Accordingly, the following defined terms shall apply:
- The phrase “book your job” means any written or verbal affirmation made by you to us that you want your job done for the price quoted which has already been or shall be set forth in your Quotation Confirmation. If any particularity set forth in your Quotation Confirmation does not match the terms to which you intended to assent, notify us within eighteen (18) hours of our dispatch of your Quotation Confirmation. You will not be bound by any terms to which you did not intend to assent if you timely notify us of a discrepancy.
- The term “you,” means: you, the person using our Platform and/or our Service.
- “Us” or “we” means and refers to Byrd International, LLC, a South Dakota limited liability company or whatever party Byrd International, LLC designates in substitution of itself in accordance with the terms of its licensing agreements that govern the use of the intellectual property it leases by license agreement(s) for use in the promotion of or operation of its business. The foregoing notwithstanding, the term “we” shall mean and refer to “you” and to “us” collectively when the context clearly implies that meaning.
- Your Contractor. For purposes of these Terms and Conditions, the term “Your Contractor” means the service provider who we book for you to do your Job. Each of the contractors that utilizes our Service to receive jobs from us in exchange for compensation paid by you via our collection service for them, have appointed us as their agent for the purpose of binding Your Contractor to your Cleaning Contract with you. In accordance with our Independent Contractor Agreement with Your Contractor, by scheduling your Job and accepting your job opportunity, your Contractor shall have agreed to perform your Job in accordance with the Cleaning Contract. While you may not know the identity of your Contractor, in the event of dispute or other need, upon written request, we will provide to you all of the Contact information we have for your Contractor.
- Job. For purposes of these Terms and Conditions, “Job” means the work to be done to clean those gutters on your property or premises which you booked through our Service as is more fully described in your Quotation Confirmation.
- Property, premises, or job location. For purposes of these Terms and Conditions, the term “your property, premises, and or job location” means and refers to the real estate underlying the structure upon which the gutters to be cleaned are affixed. You authorize your Contractor to use all places on the premises reasonably necessary or appropriate to do the work. What’s more is you undertake to make the premises safe from and warn us of any dangerous animals, pets and conditions that could foreseeably harm Your Contractor and any of your Contractor’s employees and servants.
- “Duly authorized” means that when you book your Job, you, by doing so, warrant that you have all legal power and authority to authorize Your Contractor to safely enter upon the premises where the Job is to be performed and you, by doing so, undertake to indemnify and hold your Contractor and us harmless from and against any harm, be it for personal injury or an action against Your Contractor for trespass.
- Pre-Qualified.For purposes of these terms and conditions, the term “Pre-Qualified” means that we have conducted the inquiry we deem prudent and reasonable to assess Your Contractor’s ability to do your job in a professional and workman like manner without presenting an unwarranted risk to you or your property that is discoverable by cost effective means. We cannot and do not represent or warrant that our pre-qualification processes will ensure your safety or the safety of your property as no person can accurately predict or assure the good conduct of another. Our pre-qualification of Your Contractor in no way assures you that Your Contractor will not harm you or your property. You are warned and advised to take all due precautions to protect you and your property at all times. Your Contractor is an independent contractor of ours. In the terms of our contract with your Contractor, Your Contractor has made warranties that neither Your Contractor nor their employees present any unwarranted risk to your person or property and that they possess all requisite knowledge, training, skill, expertise, equipment, supplies, etc. to safely perform your Job;
- “Cleaning Service(s)” refers to the gutter cleaning services Your Contractor will or has provided to you in accordance with the Cleaning Contract established through our Booking Service.
- Cleaning Contract. Has the meaning established in the paragraph identified by Roman Numeral II on page 1.
- “Affiliate”means any related entity which controls or is controlled by us or is under control of persons who either directly or indirectly control us and all employees, agents, and servants of ours and of any such entities. It is specifically understood that none of the Cleaning Service providers are controlled by us, nor do we have a right to control them or the manner in which your Contractor provides the cleaning service pursuant to your Cleaning Contract. Your Contractor is not an Affiliate of ours.
Section 3. No Class Actions or Representative Proceedings – Waiver of Right to Jury Trial. All proceedings to resolve Claims against us shall be conducted only on an individual basis and not in a class, consolidated, or representative action, including without limitation as a private attorney general. No Court may consolidate more than one party’s Claims and may not otherwise preside over any form of any class or representative proceeding. You, Us and Your Contractor do hereby waive our respective rights to a jury trial.
Article A – The Legal Agreement Between You and Us,
In addition to the Preliminary Matters of Importance, the following terms and conditions set forth in this Article apply to the Agreement between you and us.
Section 1. Basic Terms. When you book or accept a job through this Service, you promise the following.
- To timely pay us the quoted contract price1 whether conforming work is done early, on time or late, and if you fail to timely pay, whether or not the services of a collection firm are employed, to pay in addition a $45 collection fee;
- Pay a $65 Cost-Indemnification Fee if the Job is canceled after Your Contractor arrives at (or reports to us that Your Contractor traveled not less than half-way to) your job location. Note: Unless there is a reason, you do not have to be home for the work to commence and Your Contractor may present to do the work at any time on or before the agreed deadline, so please help yourself and your Contractor out and let us know without delay if there is a reason work cannot be done at any time on or before the deadline; and
- Grant unfettered and safe access to the premises. If dogs or other guard animals are present on the property, you promise to notify us prior to the date your Job is scheduled, and to take whatever steps are needed to ensure that the guard animals on your property do not present a risk of harm to Your Contractor.
- If you need to cancel or change your job, contact us here. You do not have an automatic right to cancel or reschedule your job. We hope to and will do our best to accommodate any change or cancellation request. As long as no material costs have been incurred or other jobs lost, this will generally be achievable. However, if you try to cancel or change after costs have been incurred, other jobs lost or after Your Contractor has confirmed that he has traveled at least half-way to your location, we have the right to assess and you have a duty to pay, if assessed, a $65 cost-indemnification fee.
- You agree not to pay Your Contractor directly or to attempt to contract with your Contractor directly in the future or otherwise circumvent the use of our Service to directly hire Your Contractor in the present Job or in a future Jobs.
- Any refunds that may be granted will be transferred back to you to the payment method you used to make the original booking.
Section 2. Our Role in Getting Your Job Done. We provide the Platform and interface needed to book a local and Pre-Qualified gutter cleaning service provider (referred to herein as “Your Contractor”) to get your Job done and to make the process of addressing your need for gutter cleaning quick, convenient, and efficient for you. First, we learn your job in accordance with the information you provide, find, and book your Job with Your Contractor who we book as one among one or more Pre-Qualified gutter cleaning service providers who operates in reasonable proximity to your area and who we have booked after Your Contractor has committed to doing your Job in a timely manner for the stated price. Accordingly, we do not perform your gutter-cleaning Job, Your Contractor does. We operate the Platform from which gutter cleaning services can be ordered and we serve as communication agent for the scheduling, collection and payment of funds by and between you and Your Contractor.
Section 3. We are Not Liable on Your Cleaning Contract – Only Your Contractor Is. The party we book to perform your cleaning job alone is liable on your Cleaning Contract with Your Contractor. Your Contractor alone has the duty to perform Your Cleaning Contract. Accordingly, you do hereby release any claims against us for breach of the Cleaning Contract and agree to indemnify and save us harmless from and against any liability thereon. Our duty is primarily to book Your Contractor, coordinate with timing and other particulars, and pay Your Contractor the agreed price.
Section 4. Potential Consequence of Your Breach of Our Agreement with You. If you breach your agreement with us, breach our rules, Your Cleaning Contract, or any rules your Contactor may reasonably impose, your Job may be cancelled, and you may be denied access to our Service. You may also lose any money paid for your Job and we may debit your account or your credit card for any costs we or Your Contractor may have incurred in reliance upon your booking and as a result of any such breaches or violations.
Section 5. Our Rules. We provide our Booking Service to match the right available Contractor to get your Job done. We engage in this business to serve you, benefit Your Contractor, and earn a reasonable profit for the value we create for you and for Your Contractor. We provided this Service to you for no other purpose. Accordingly, You represent, warrant, covenant and agree that:
- You are at least 18 years of age and have the legal authority to enter into contracts;
- You will use our Service in accordance with our terms and for no illegal or wrongful purpose or manner;
- All information supplied by you is true, accurate, current, and complete;
- If you have an account with us, you will:
- secure and safeguard your account information;
- be responsible for any use of your account by you or others;
- if you book on behalf of others, you hereby warrant and covenant that:
- you will procure their prior authorization to act on their behalf;
- you will inform the principal for whom you act as his/her/its agent all of the terms and conditions that apply to our Agreement and Your Cleaning Contract and ensure that they agree to such terms;
- You are and shall remain responsible for their complete performance of all such terms, conditions and agreements and shall timely pay any and all amounts that may be or become due, payable and/or owing, to include without limitation any change/cancellation requests and for any other costs;
Additional Representations and Warranties Made by You to Us. In addition to the foregoing, by using this Service You Represent and Warrant to us that You (i) own or lease the premises where the job will be done, (ii) have all requisite power and authority to both (a) grant a license for your Contractor to enter upon the premises to do the work without any trespass and (b) enter into the Cleaning Contract, and (iii) undertake to bear all damages sustained to your property or the premises notwithstanding the exercise of ordinary care in observance of the standards applicable to the Job in the industry.
You also agree not to:
- book any false or fraudulent jobs;
- access, monitor or copy any content on our Service using any robot, spider, scraper or other automated means or any manual process;
- violate the restrictions in any robot exclusion headers on any of our sites or Services or circumvent any measures used to prevent or reduce access to our Service;
- take any action that imposes an unreasonably large load on our infrastructure;
- deep link to any part or portion of our Service; or
- incorporate any part of our Service into any other website.
Section 6. Access to our Platform(s). We may deny anyone access to our Service at any time for any valid reason or no reason whatsoever except as otherwise prohibited by applicable law. We may also make improvements and changes to our Service at any time.
Section 7. Our liability. We own and operate our Service. Pursuant to the Independent Contractor Agreement between us and Your Contractor, we are authorized by your Contractor to bind Your Contractor to the terms of Your Cleaning Contract with your Contractor. Therefore, to the maximum extent permitted by law, neither us nor any of our affiliates will be liable for:
- Malfeasance, misfeasance, negligence, contractual breach or otherwise in connection with the Cleaning Services your Contractor has contractually undertaken to provide to you pursuant to the terms of your Cleaning Contract. Your recourse on that contract is solely against your Contractor and not against us.
- For any acts, errors, omissions, representations, breach of warranties or negligence, if any, of Your Contractor, or
- For any personal injuries, death, property damage or other damages or expenses caused by Your Contractor or resulting from the above.
To the maximum extent permitted by law and subject to the limitations in these Terms, neither us nor any of our affiliates will be liable for any direct, indirect, punitive, special, incidental, or consequential losses or damages arising from:
- the Cleaning Services,
- the use of our Service,
- any delay or inability to use our Service or the Cleaning Service, or
- your use of links from our Service,
whether your claims are based in negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, even if we or our Affiliates have been advised of the possibility of such damages.
If we or our Affiliates are found liable for any loss or damages under these Terms, then, to the maximum extent permitted by law, we shall only be liable to you for direct damages that were:
- reasonably foreseeable by both you and us (or our Affiliates as applicable),
- actually suffered or incurred by you, and
- directly attributable to our actions (or the actions of our Affiliates as applicable),
and in the event of any liability, such liability will in no event exceed, in total, the greater of (a) the cost paid by you for the Cleaning Services in question or (b) one-hundred dollars ($100.00).
This limitation of liability reflects the allocation of risk between you and us. The limitations specified in this Section will survive and apply even if any limited remedy specified in these Terms is found to have failed in its essential purpose. The limitations of liability provided in these Terms inure to the benefit of us, our Affiliates, and our successors and assigns.
Every instance of force majeure, including, pandemics, automobile wreck involving Your Contractor, extreme weather events, the interruption of means of communication, etc., will lead to the suspension of the obligations in these Terms, and, as justified, also in your Cleaning Contract, that are affected by the force majeure event. In such a case the party affected by the force majeure event will not be liable as a result of the inability to meet such obligations.
Section 8. Indemnity. You shall defend, indemnify, and hold harmless us, our Affiliates and our respective officers, directors, employees, and agents from and against any claims, causes of action, demands, losses, damages, fines, penalties or other costs or expenses of any kind or nature whatsoever (“Losses”), including without limitation, reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of these Terms and Conditions of Service and contractual or legal obligations to us,
- your violation of any laws or other legal obligations to third-parties, or
- your use of our Service,
to the extent that such Losses are not directly caused by the actions of us or our Affiliates (as applicable).
Section 9. Reviews, Comments, and Images. By submitting content to our Service by email, postings and/or the like, including without limitation any comments, reviews, questions, ideas, suggestions, and the like or any images, videos or the like contained in any submissions (collectively “Submissions”), you:
- confirm that all Submissions you make are your original creation and that you have and will maintain all rights necessary to allow us to use the Submissions as set out in these Terms, and
- grant us and our Affiliates as permitted by law, a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable through multi-levels right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or later employed.
You also acknowledge and agree that we and our Affiliates may choose to use the name(s) that you submit with such Submission to attribute your Submissions (for example, listing your first name and hometown on a review that you submit) at our discretion in a non-identifiable format. Such Submissions may also be shared with Your Contractor as we deem appropriate.
You also grant us and our Affiliates the right to legally pursue any person or entity that violates your, our or our Affiliates’ rights in the Submissions.
Section 10. Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions. You agree that you have no objection to the publication, use, modification, deletion, or exploitation of your Submissions by us and our Affiliates or any of our other licensees, to include without limitation, Your Contractor or any other independent contractor with whom we do business.
Section 11. You are Responsible for the Content of your Submissions. You must not post or transmit to or from our Service and agree that any Submissions you make do not contain any content that:
- is harmful, illegal, disparaging, threatening, defamatory, obscene, inappropriate, pornographic, or would otherwise violate any privacy or publicity rights or any law, rule, or applicable regulation;
- is proprietary property or commercial property of another person;
- infringes, misappropriates, or violates any copyright, trademark, patent, or other proprietary right of any third-party, or
- is immoral or otherwise objectionable on the grounds of being injurious to public harmony, interest, order, or security.
You alone will be liable for any damages resulting from not complying with the rules above, or any other harm resulting from your posting of Submissions to our Service. We may employ our rights to publish, display, use, or remove any Submissions without notice to you.
Except as otherwise expressly set forth above, in the event that you submit more than one review for the same job or Contractor, we reserve the right to exclude all but your most recent Submission.
Section 12. All Submissions must comply with the following guidelines, as well as any further guidelines which may later impose during the content submission process:
- On topic – all Submissions must be relevant to the Job or Contractor in question.
- Original – you may only submit your own reviews, photos, and other content. Do not submit content from any other source (personal or commercial).
- Non-commercial – do not make any Submissions that include third party trademarks, logos, branding, images of celebrities or other recognizable people, promotional materials, or any other content intended for commercial purposes.
- No harmful files – do not make any Submissions that contain viruses or other harmful code that is either intended or may result in damage to our systems and/or those using them. Comments containing HTML tags or URLs will not format correctly on our site.
- Photos – images must be in BMP, PNG, GIF, or JPEG format with a file size of 5 MB or less.
We claim no ownership or endorsement of, or affiliation with, any Submissions made by you.
Section 13. Intellectual Property Policy and Notices. The Service and its original content, features and functionality are and will remain our (or our Affiliates or Licensees) exclusive property. We claim copyrights in all our works of authorship, and we claim service mark rights in all marks we or our Affiliates use in connection with our services in commerce. Logos and Company names, whether proper or fictitious, are or may be protected tradenames, service marks or trademarks of their respective owners which may be owned by, licensed by us or one of our Affiliates. We are not responsible for content on websites operated by parties other than us. Our Service may contain links to websites operated by parties other than us. Such links are provided for your reference only. We do not control such websites and are not responsible for their content or your use of them. Our inclusion of such links does not imply any endorsement of the material on such websites or any association with their operators, nor does such inclusion in any way constitute a representation by us that they are not harmful or otherwise problematic.
If you are aware of an infringement of our brand, please let us know by emailing us at [email protected].
We reserve the right to prohibit you and other users of our Platform from posting materials that infringe the copyright, trademark rights, or other intellectual property rights of others, and under appropriate circumstances we will terminate the account of those who infringe repeatedly.
Links to Other Web Sites: Our Service may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss cause or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Section 14. Miscellaneous Provisions.
- Severability. If any provision of this Agreement is held unenforceable, then the provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement will remain in full force and effect.
- No Partnership, Agency, or Employer – Employee Relationship Established. The Relationship between you and us is that of a vendor (us) and customer or consumer (you). No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
- Right of Termination. We reserve the right to terminate your access to our Platform and to refuse service to you, for any reason or no reason whatsoever. The foregoing notwithstanding, we will not terminate your access to our Platform merely because your fall within a protected classification.
- Choice of Law. This Agreement will be governed by and construed under and in accordance with the laws of the State of Arkansas, without regard to its laws regarding conflicts of laws. Arkansas law shall be applied to all rights, duties, and causes of actions that may accrue as between the parties with respect to the subject matter hereof, without regard to whether such claims arise in tort or in contract.
- Exclusive Forum. In the event of dispute arising out of the relationship between you and us, both you and us agree that jurisdiction and venue of the state and Federal Courts shall be exclusively in either the Circuit Court of Stone County, Arkansas or the United States District Court for the Eastern District of Arkansas and no other venue.
- Notices. To be effective unless otherwise specified herein, all legal notices shall be in writing and will be deemed to have been duly given when received, if personally delivered, sent by certified or registered mail, return receipt requested or by reputable overnight delivery service (such as by UPS or FedEx); upon receipt. In the case of electronic transmissions of which, only telecopy (facsimile) or e-mail shall be effective, then upon electronic confirmation. We may employ any email address, facsimile, or physical address you have provided to us for the purpose of effecting notice. To provide us notice, you may provide notice to us at (i)120 East Main St., Mountain View, AR 72560 and (ii) to our Counsel by Certified US Mail, Return Receipt Requested, address to Crochet & Landreneau, PLLC; Attention Gerald Crochet, Jr., 10201 W. Markham St., Ste, 213, Little Rock, AR 72205.
Article B – Terms And Conditions of the Legal Agreement Between You and Your Contractor.
Section 1. Our Role – Locate, Book & Bind Your Contractor. To understand your obligations to Your Contractor and Your Contractor’s obligations to you, it is helpful to understand our role in getting your job done. We:
- Elicit from you the information we need to correctly price your job and when you want the job done;
- We issue to you a price for the Job in the form of the Quote Confirmation;
- Locate one or more Independent Contractors who have signed an Independent Contractor Agreement with us and whom we have Pre-Qualified (but limited to the sense described in paragraph 1.(h) of the Preliminary Matters of Importance set out above) to do your gutter cleaning Job, from your local area to do the work and who is willing to perform your job within the time frame you have given us; and
- Once such an Independent Contractor agrees to do your job within the time frame you want it done, they, by the terms of our Independent Contractor Agreement with us, authorize us to bind them to perform your Cleaning Contract with them.
- We collect payment for the job from you and pay Your Contractor the agreed compensation to do your job.
Section 2. Your Recourse for Breach of your Cleaning Contract is Against Your Contractor. Your recourse for the Breach of your Cleaning Contract is against your Contractor and not against us.
Section 3. Duties Your Contractor Owes to You under the Cleaning Contract. Your contractor expressly owes you the following duties under your Cleaning Contract. Your Contractor owes you the duty to:
- Timely perform your job in a non-negligent professional workman-like manner.
- Exercise ordinary care to avoid injuring you and avoid damaging your property; and
- Pursue its work on your behalf with all diligence and prudence and to exercise all appropriate care and precautions (including safety precautions) that a reasonably prudent professional contractor would employ under the circumstances.
Section 4. No class actions or representative proceedings. You and Your Contractor agree that any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action, including without limitation as a private attorney general. You and Your Contractor agree irrevocably that no Court may consolidate more than one party’s Claims and may not otherwise preside over any form of any class or representative proceeding. You and Your Contractor further acknowledge that both you and Your Contractor are waiving both parties’ respective rights to a jury trial.
Section 5. Your Duties to Your Contractor. You agree to:
- Provide to Your Contractor a safe work area insofar as it can readily be made safe, excepting only the normal and natural hazards of gutter cleaning;
- Warn your Contractor of any hazards or dangers that you cannot readily make safe (the Contractors duty to perform is excused if your warning is inadequate to enable your Contactor to avoid material risk of injury to the Contractor or any of Contractor’s employees or servants);
- Protect Your Contractor from foreseeable harms, such as from being bitten by any pets or other animals you might keep upon the premises. You have the duty to restrain any animals that could harm Your Contractor or his/her/its employees, agents, subcontractors and or servant. Any such animal must be restrained in such a manner as to ensure no appreciable risk of harm or material disturbance to Your Contractor’s work on your Job;
- Provide your Contractor access to all areas where the gutters to be cleaned are located; and
- To timely pay us for the work done by your Contractor so we can timely pay him.
1 If an obvious error in the Contract Price of Job that has been booked but not yet performed, we will offer you the opportunity to keep your booking by paying the correct price or we will cancel your booking without penalty. We have no obligation to honor a gutter cleaning job contracted at an obviously low or erroneous contact price even after you have been sent a Booking Confirmation. If the error is discovered too late to get in contact with you before the job is completed, you shall be responsible to pay the appropriate price calculated in accordance with the standard methodology employed.