Terms of Use & Service Agreement

1. Acceptance of Agreement

SparkTex Cleaners ("SparkTex," "we," "us," or "our") operates the website sparktexcleaners.com (the "Site") and provides residential and commercial cleaning services (the "Services"). By accessing the Site or engaging our Services, you ("Client," "User," or "You") agree to comply with and be bound by these Terms of Use & Service Agreement ("Terms"). If you do not agree to these Terms, you must not access the Site or utilize our Services.

2. Booking, Deposits & Cancellations

2.1 Deposits: A non-refundable deposit of $90.00 is required to confirm all appointments. This deposit is credited toward the final invoice total.

2.2 Cancellation Policy: We require a minimum of 24 hours' notice for any cancellation or rescheduling request. Failure to provide 24 hours' notice will result in the forfeiture of the $90 deposit or a standalone cancellation charge of $90.

2.3 Lock-Out Clause: If our cleaning team arrives at the scheduled time and cannot gain access to the property (due to locked gates, missing keys, changed codes, or aggressive pets), the full cancellation fee of $90 will be charged to compensate our staff for their travel and lost time.

3. Payment Terms & Late Fees

3.1 Invoicing: Payment is due immediately upon receipt of the invoice. SparkTex Cleaners provides a strict 48-hour grace period from the time of service completion.

3.2 Late Penalties: Accounts not paid within the 48-hour grace period are subject to a late fee of 5% of the total balance or $25.00, whichever is greater. Interest may accrue on unpaid balances at the maximum rate permitted by Texas law.

3.3 Collection Costs: In the event that SparkTex Cleaners must retain a collection agency or legal counsel to collect past due balances, you agree to pay any and all collection fees, legal fees, and court costs incurred.

4. Scope of Service & Limitations

To ensure the safety of our staff and the efficiency of our work, the following limitations apply to all Services:

• Height Limit: Our staff will not climb higher than a two-step ladder. High windows, chandeliers, or shelves outside of this reach are excluded.
• Weight Limit: Staff will not lift or move items weighing more than 35 pounds. We will not move heavy appliances (stoves, fridges, washers) or heavy furniture to clean underneath/behind them due to the risk of floor damage and injury.
• Climate Control: We only clean "living spaces" that are temperature-controlled. We will not clean attics, garages, or porches that are subject to extreme heat or cold.
• Clutter: Our services are for cleaning, not organizing. If a home is excessively cluttered, we reserve the right to skip areas or charge an additional "Heavy Duty" fee of $20/hour.

5. Client Responsibilities & Access

The Client is responsible for providing a safe working environment. This includes securing all pets, ensuring access to water and electricity, and deactivating alarm systems or providing specific instructions for their use. SparkTex Cleaners is not liable for any police or security dispatch fees triggered by an alarm system.

6. Health, Safety & Biohazards

Strict Prohibitions: SparkTex Cleaners strictly prohibits its staff from cleaning or handling biohazards. This includes, but is not limited to:

• Human or animal feces, urine, vomit, or blood.
• Black mold or extensive fungal growth.
• Pest infestations (roaches, fleas, bed bugs, rodents).
• Hazardous chemicals or uncontained sharps/needles.

If our team encounters these conditions, they are instructed to stop service immediately. You may be charged the full cancellation fee.

7. Damages, Breakage & Liability Cap

7.1 Reporting: Any damage or breakage allegedly caused by SparkTex Cleaners must be reported in writing within 24 hours of the service completion. Claims made after this window are void.

7.2 Exclusions: SparkTex Cleaners is NOT liable for:

• Damage due to normal wear and tear or aging.
• Damage resulting from improper installation of items (e.g., blinds falling because they were not secured, artwork not hung on studs).
• Damage to items of extreme value (sentimental or monetary) that were not disclosed and secured prior to service.

8. Non-Solicitation of Staff (Poaching)

You acknowledge that SparkTex Cleaners invests significant resources in vetting, training, and insuring our staff. You agree not to knowingly solicit, hire, or engage any SparkTex Cleaners employee or contractor for direct home cleaning services outside of this Agreement.

Penalty Fee: If you breach this clause and hire a current or former SparkTex employee within 12 months of their last service at your home, you agree to pay a Referral/Training Fee of $2,500.00 to SparkTex Cleaners. This fee is due immediately upon demand.

9. Satisfaction Guarantee & Re-Cleans

We do not offer cash refunds. If you are dissatisfied with any aspect of the cleaning, you must notify us within 24 hours. Our sole remedy is to return and re-clean the specific areas in question at no additional cost. Failure to allow a re-clean constitutes a waiver of your right to a remedy.

10. Intellectual Property

All content on the Site, including text, graphics, logos, images, and software, is the property of SparkTex Cleaners and is protected by United States and international copyright laws. The "SparkTex Cleaners" name and logo are trademarks of SparkTex Cleaners. Unauthorized use is strictly prohibited.

15. Indemnification

You agree to indemnify, defend, and hold harmless SparkTex Cleaners, its officers, directors, employees, and agents from any and all claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

16. Dispute Resolution, Arbitration & Class Action Waiver

17. Force Majeure

SparkTex Cleaners shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, severe weather (hurricanes, floods, ice storms), war, terrorism, riots, embargoes, acts of civil or military authorities, fire, or accidents.