Certified and recognized by leading industry organizations
Terms & Conditions of First Up Cleaning Services LLC
(“the Website”)
Updated as of December 17, 2023
INTRODUCTION
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.
PRIVACY
Your use of the Website is subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices.
ELECTRONIC COMMUNICATIONS
Visiting the Website, signing up for an account, subscribing to the Company, requesting services (labor, estimates, or invoices) from the Company, and/or sending emails to the Company constitutes electronic communications. Performing any of the aforementioned tasks indicates that you consent to receive electronic communications (emails, SMS, videos, etc.) 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. You can opt‑out of these communications at any time.
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.
YOUR ACCOUNT
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 contact our Customer Service team with your request stated therein. Upon receiving your request, we will process it 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 are granted a non‑exclusive, non‑transferable, revocable license to access and use the Website strictly in accordance with these Terms of Use. As a condition of your use of the Website, you warrant to the Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms.
You may not use the Website in any manner that 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 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 unauthorized 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 authorized by these Terms.
INTERNATIONAL USERS
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.
You agree that you will not use the Company content accessed through the Website in any country or any manner prohibited by any applicable laws, restrictions, or regulations.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless, without limitation, 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, 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 defense 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 defenses.
LIABILITY DISCLAIMER
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 to 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 concerning 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 or 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.
If you are dissatisfied with any portion of the Website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.
TERMINATION / ACCESS RESTRICTION
The Company reserves the right, in its sole discretion, to terminate your access to the Website and related services or any portion thereof at any time, without notice.
JURISDICTION
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of New York in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
SEVERABILITY
If any part of this Agreement is determined to be invalid or unenforceable according 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.
ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and the Company with respect to the Website and supersedes all prior contemporaneous communications and proposals, whether electronic, oral, or written, between the user and the Company concerning the Website.
A printed version of this Agreement and 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 of 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.
CONTACT
The Company welcomes your questions or comments regarding the foregoing Terms.
You may Contact Us or reach us at (718) 340‑3323 or (516) 200‑6345.
These terms and conditions may be updated without notice, and have been established and effective since the origination of this website.
Cleaning Service Agreement
The terms and conditions in this Agreement are subject to change without notice by the sole discretion of the Service Provider. Please check for any adjustments of terms in the future.
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, Uniondale, NY 11556 (the “Service Provider”);
and
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 agree as follows:
PREAMBLE
(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. ENGAGEMENT
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 either Party.
2. 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 judgment of the Service Provider will solely determine whether these services have been issued and delivered in a professional and satisfactory manner. (“Services”)
2.2 The Service Provider shall set their own general hours of work and shall provide their own inventory and equipment. The Customer is only interested in timely and full completion of tasks assigned by authorized documentation.
2.3 The Service Provider may engage in work with other parties without prior consent, provided that:
(a) such work does not violate this Agreement; and
(b) such work does not delay or hinder the work under this Agreement.
2.4 Any services solicited by unauthorized individuals or accompanied by unauthorized documentation will be considered invalid. The Service Provider will not be held responsible for any results arising from unauthorized agreements.
2.5 Movement or displacement of articles or obstacles is not the responsibility of the Service Provider. The Customer must ensure proper access. Damage or loss must be reported within 48 hours. If access is not granted, the Service Provider will be compensated for wasted time even if the job remains incomplete.
2.6 The Customer agrees to provide access to necessary resources (water, disposal areas). The Service Provider is not liable for illness or disease contracted following service unless due to negligence. The Service Provider cannot guarantee surfaces are 100% germ‑free.
2.7 Customer designates an individual age 18+ to grant access. The Service Provider takes no responsibility if criteria are not met.
2.8 Customer agrees to perform walk‑through, approve assignment, allow photographs, and sign completion forms. Photographs and signed contracts may be used at the Company’s discretion.
3. TERM AND TERMINATION
3.1 This Agreement commences once appropriate funds are applied and continues until either Party elects to terminate.
3.2 Parties may terminate provided no outstanding projects or monies are owed, and upon giving written notice (for multi‑visit contracts) no sooner than 30 days from notice.
3.3 Upon termination, the Service Provider’s obligation ceases and the Customer will pay all outstanding balances on the effective termination date.
4. COMPENSATION
4.1 Customer agrees to pay the Service Provider the sum(s) noted on invoices, proposals, or authentic documentation.
4.2 The Service Provider is responsible for all expenses unless the Customer requests services outside normal scope, in which case necessary resources will be provided by the Customer.
5. TERMINATION AND REFUNDS
5.1 Refunds may be requested at the discretion of the Service Provider. Residential cleaning may be refunded or credited if notice is given by 12 p.m. EST the day before service. Notice after this time may receive a maximum 50% refund or none.
5.2 Any refunds include reduction of direct and handling costs.
5.3 The Service Provider may terminate upon written notice if the Customer breaches terms. The Service Provider reserves the right to claim losses or damages.
5.4 Upon termination, the Customer shall immediately pay all sums owed.
5.5 Deposits may be retained to cover losses and costs, without prejudice to further claims.
6. REPORTS
6.1 If agreed, the Service Provider will keep the Customer advised of progress and prepare written reports if requested and mutually agreed.
6.2 Time spent preparing reports is considered time devoted to Services.
7. CONFLICTING OBLIGATIONS
7.1 The Service Provider certifies no outstanding agreement conflicts with this Agreement.
7.2 The Service Provider will not enter agreements that conflict with this Agreement.
7.3 Due to access to Confidential Information, the Service Provider agrees not to share such information without consent for 1 year after termination unless required by law.
8. CONFIDENTIAL INFORMATION
8.1 The Service Provider agrees not to make public any Customer confidential information and not to use or disseminate such information except as necessary or required by law.
9. INDEMNITY
Customer shall indemnify, defend, and hold harmless the Service Provider and related parties from damages, liabilities, costs, and expenses arising from:
(i) personal injury or property damage caused by Customer or subcontractors;
(ii) Customer’s breach of representations or covenants;
(iii) unauthorized use of Services.
10. FORCE MAJEURE
The Service Provider is excused from obligations when performance is prevented or delayed by events outside reasonable control, including acts of God, natural disasters, war, labor shortages, government orders, or similar causes.
11. MERGER
This Agreement contains the entire understanding among the Parties and supersedes all prior agreements relating to the subject matter.
12. CONSTRUCTION, JURISDICTION, AND VENUE
This Agreement shall be construed according to the laws of the State of New York. Jurisdiction and venue shall be in New York.