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Terms & Conditions of First Up Cleaning Services LLC
[Updated as of Jan. 17, 2020]
- Welcome to First Up Cleaning Services LLC (“the Company”).
- The Website is comprised of various web pages operated by the Company and is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (“the Terms”). Your use of the Website constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
- The Company at ‘firstupcleaning.com’ provides, high quality commercial and residential cleaning and maintenance services.
- Visiting the Website, signing up for an account, subscribing to the Company and/or sending emails to the Company constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices disclosures and other communications that we provide to you electronically via email and/or on the Website satisfy the legal requirement that such communications be in writing.
- The Company does not knowingly collect either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Website only with permission of a parent or guardian.
- If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity.
- You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account.
- The Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
- In the event that you would like to remove your account with the Company, you are hereby advised to send us an email at [email protected] with your request stated therein. Upon receiving your request, we will process the same as soon as practicable. The removal of your account/profile with the Company will take effect upon the Company providing you with confirmation of the same.
NO UNLAWFUL OR PROHIBITED USE / INTELLECTUAL PROPERTY
- You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any material or information through any means not intentionally made available through the Website.
- All content included herein, such as inter alia, text, graphics, logos, images, videos, as well as the compilation thereof, and any software used on the Website, is the property of the Company and/or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
- You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website.
- The Company content is not for resale.
- Your use of the Site does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorised by these Terms.
- All information and content on the Website are controlled, operated and administered by the Company from our offices in the United States. If you access the information and content from a location outside the U.S., you are responsible for compliance with all local laws.
- Your agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
- You agree to indemnify, defend and hold harmless, without limitations, the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
- The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.
- The information, software, products and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes in the Website at any time.
- The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained on the site for any purpose to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or conditions of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
- To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of any failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its Suppliers has been advised of the possibility of damages.
TERMINATION / ACCESS RESTRICTION
- The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services of any portion thereof at any time, without notice.
- To the maximum extent permitted by law, this Agreement is governed by the laws in the state of New York in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorised in any jurisdiction that does not give effect to all provision of these Terms, including, without limitation, this section.
- If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
- Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior contemporaneous communication and proposals, whether electronic, oral or written between the user and the Company with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
CHANGES TO TERMS
- The Company reserves the right, in its sole discretion, to change the Terms. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
- The Company welcomes your questions or comments regarding the foregoing Terms.
You may contact us at [email protected] You may also reach us at (718) 340-3323 or (516) 200-6345.
Effective as of Aug, 23, 2017
Cleaning Service Agreement
THIS AGREEMENT is made effective BETWEEN;
- FIRST UP CLEANING SERVICES LLC, incorporated under the laws in the state of New York with the registered address at 405 RXR Plaza STE 405 Uniondale, NY 11556 (the “Service Provider”);
- The Customer(s) indicated by name or any identifying information on documentation (digital or tangible) requiring services from the Service Provider shall be known as “The Customer“.
(Collectively referred to as a (“Party”) or the (“Parties”))
By engaging our services, the Service Provider and the Customer agrees as follows:–
(A) WHEREAS the Service Provider provides services for, inter alia, commercial and residential cleaning and maintenance services with the highest quality standards.
(B) AND WHEREAS the Customer desires to engage the Service Provider to provide the Services as herein below sets out and the Service Provider is willing to make the Services available to the Customer.
(C) AND WHEREAS this Agreement shall forgo and supersede any other agreement, document, or
arrangement unless authorized in another manner strictly at the discretion of the Service Provider
NOW THEREFORE, in consideration of the mutual promises contained herein and other good valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Service Provider and the Customer agree as follows :-
1.1 The Customer hereby engages the Service Provider, and the Service Provider hereby accepts
engagement as a service provider to the Customer subject to the terms and conditions contained
in this Agreement.
1.2 The Service Provider will for all purposes be deemed an independent contractor and will not be
deemed an agent or employee of the Customer.
1.3 The Service Provider and the Customer do not intend to create a joint venture, partnership, or
other relationship, which might impose a fiduciary obligation on the Service Provider or the
Customer in the performance of this Agreement.
- THE SERVICE
2.1 Throughout the term of this Agreement, the Service Provider will use its best efforts and due
diligence to perform for the Customer the required services as specified by attached invoice,
proposal, or documentation. The judgement of the Service Provider will solely determine
whether these services have been issued and delivered in a professional and satisfactory
(Collectively referred to as the “Services”)
2.2 The Service Provider shall set their own general hours of work and shall provide their own
inventory and equipment to perform the required Services. The Customer is only interested
in the Service Provider’s timely and full completion of tasks assigned by the authorized
invoice, proposal, or documentation.
2.3 The Service Provider may engage in work with other parties, whether task-driven or
consulting, during the term of this Agreement without the prior consent of the Customer,
(a) such work does not cause the Service Provider to be in any violation of this
(b) such work does not delay or hinder the work to be performed under this
2.4 Any Services solicited by any individual(s) that are not authorized by the Service Provider to
do so, and/or accompanied by unauthorized invoices, proposals, or documentation will be
considered to be invalid by the Service Provider. The Service Provider will not be held
responsible or liable for any results or concerns arising from an unauthorized agreement and
furthermore, regarding this arrangement, the individuals involved will not be recognized as
representatives or customers of the Service Provider.
2.5 The movement or displacement of articles or obstacles in order for the Service Provider to
perform Services for the Customer, is not the responsibility of the Service Provider. The
Customer will ensure that proper access is granted to the Service Provider to begin and
complete the Services in a timely manner. If proper access is not granted by the Customer,
the Service Provider will be compensated from the Customer’s payment in relation to the
time wasted, even if the job shall remain incomplete.
2.6 The Customer agrees to give reasonable access to necessary resources (i.e., water) in order
for the Service Provider to perform Services. Customer also agrees to give Service Provider
access to dispose of debris, unclean substances and waste in disposal areas (i.e., trash
cans, toilets, etc.)
2.7 Customer designates that an individual, of the age eighteen or older, will grant access to the
Service Provider to perform Services at the job site. The Service Provider takes no
responsibility if they are granted access to the job site and the aforementioned criteria is not
2.8 Customer agrees to have self or representative perform walk-through to approve assignment.
Customer also consents to have photographic elements of job completion taken, and to sign
form from Service Provider stating performed work was acceptable, when approved by
Customer. Customer also allows all photographic elements and signed contracts to be held
by the Company to be used at the company’s discretion.
- TERM AND TERMINATION
3.1 This Agreement will commence once the appropriate funds for the Services are applied via
purchase by the Customer and will continue until either of the Parties elects to terminate the
3.2 The Parties may elect to terminate this Agreement provided that there are no outstanding
projects or monies owed to the Service Provider, and upon giving prior written notice to
each other (regarding contracts that require more than one visit to complete agreed
upon Services) specifying a termination date no sooner than thirty (30) days after such
notice is delivered to each other.
3.3 Upon such termination, the Service Provider’s obligation to provide the Services will cease
and the Customer will pay on the effective date of the termination, total balance of all
amounts owing to the Service Provider for unpaid Services and related expenses, if any, in
accordance with the provisions of the Agreement.
4.1 As compensation for the Services, the Customer agrees to pay the Service Provider the
sum(s) agreed upon and noted on invoices, proposals, or other documentation regarded as
authentic bills generated by the Service Provider.
4.2 The Service Provider will be responsible for all expenses related to the fulfilment of this
Agreement; provided, however, if the Customer has specific desires for Services to be
performed outside of the normal scope of the Service Provider, and the terms are agreed upon
by the Parties, the Customer will provide the necessary resources for the Service Provider to
complete the requested Services.
- TERMINATION AND REFUNDS
5.1 After the Parties have entered into the Agreement, refunds may only be requested, subject to
the final discretion of the Service Provider, when performance of the Services has, or has
not begun. Services for Residential cleaning may be refunded or credited if notice is
given by 12p.m. EST the day before the scheduled service date. Any notice given after
this time may only receive a maximum of a 50% refund, or none at all.
5.2 Any refunds made to the Service Provider will include the reduction of the direct costs and
handling costs (if any, or as the case may be),
5.3 Without prejudice to any other rights and remedies available, the Service Provider shall have
the right to terminate the agreement for the provision of all or any of the Services upon
written notice if the Customer commits, based upon interpretation of the Service Provider, a
breach of the terms and conditions contained herein. The Service Provider reserves
the right to claim against the Customer, including but not limited to, losses and damages as a
result of the termination by either Party.
5.4 Upon termination, for any reason whatsoever, , the Customer shall immediately make
payment to the Service Provider of all and any sums outstanding and owed to the
5.5 In the event that a deposit is paid by the Customer, at the sole discretion of the Service
Provider, the deposit will be retained by the Service Provider for the necessary
deduction of the Service Provider’s losses and costs without prejudice to its rights to further
claim damages against the Customer.
6.1 The Service Provider, if agreed to by both Parties, will keep the Customer advised as to the
Service Provider’s progress in performing the Services hereunder and the Service Provider,
as requested by the Customer and agreed by both Parties , will prepare written reports (if
needed) with respect thereto.
6.2 The time required to prepare any such written reports will be considered time devoted to
the performance of the Service Provider Services.
- CONFLICTING OBLIGATIONS
7.1 The Service Provider certifies that the Service Provider has no outstanding agreement or
obligation that conflicts with any of the provisions of this Agreement.
7.2 The Service Provider will not enter into any agreements or obligations that would conflict
with any of the provisions of this Agreement or that would preclude the Service Provider
from complying with the provisions hereof.
7.3 In view of the Service Provider’s access to the Customer’s Confidential Information, the
Service Provider further agrees that the Service Provider will not, without the Customer’s
prior written or agreed consent, willfully share information maintained under this
Agreement with any third party during the term of this Agreement and for a period of 1
year after the termination of this Agreement, unless required by law.
- CONFIDENTIAL INFORMATION
8.1 The Service Provider acknowledges that it may have access to certain confidential
information when performing the Services contracted for herein and agrees to take
necessary acts to ensure that the Service Provider does not make public any of the
Customer’s information that is identifiable in writing as confidential and
further agrees not to use or disseminate such confidential information except as is
necessary to perform the Services contracted for herein or as required by law.
9.1 The Customer (Customer, its affiliates and such respective parties and entities are
collectively referred to as “Customer Indemnified Parties”) shall indemnify, defend
and hold the Service Provider, its affiliates and each of their respective members,
directors, officers, shareholders, employees, representatives, agents, attorneys,
assigns and successors harmless from and against any and all damages, liabilities,
obligations, judgments, costs and expenses (including reasonable attorneys’ fees and
court costs), fines, penalties and settlement payments arising out of any claims, suits,
causes of action or demands resulting from or relating to :-
(i) personal injury, including death, and tangible property damage arising from the
Services, performance of the Services or caused by the negligent acts of
Customer or its employees, agents and/or subcontractors;
(ii) customer’s breach of any representation, warranty or covenant set forth in this
(iii) any unauthorized use of the Services.
- FORCE MAJEURE
10.1 The Service Provider shall be excused from performing any obligation or undertaking
provided for in this Agreement for so long as such performance is prevented or delayed,
retarded or hindered by act of God, fire, earthquake, flood, explosion, action of the
elements, war, invasion, insurrection, riot, mob, violence, sabotage, inability, to procure
or general shortage of labor, equipment, facilities, materials or supplies in the open
market, failure of transportation, strike, lockout, action of labor unions, requisition,
laws, orders of government or civil or military or naval authorities, or any other cause,
whether similar or dissimilar to the foregoing, not within the reasonable control of the
party prevented, restarted or hindered thereby, including reasonable delays for
adjustments of insurance.
11.1 This Agreement contains the entire understanding among the Parties and supersedes
any prior understandings and agreements between them within the respecting subject
matter. There are no representations, agreements, arrangements, or understandings,
verbal or written, between and among the Parties hereto relating to the subject matter of
this Agreement which are not fully expressed herein.
- CONSTRUCTION, JURISDICTION, AND VENUE
12.1 This Agreement shall be construed according to the laws of the state of New York.
Jurisdiction and Venue for any action hereunder shall be in the state of New York.