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Terms of Service

The terms and conditions governing the use of our website and services

Last Updated: August 1, 2023

Welcome to Tom's Cleaning Services. The following terms and conditions (collectively, these "Terms of Service") apply to your use of the website tomlyonaya-ikra.com (the "Site"), including any content, functionality, and services offered on or through the Site, and the cleaning services we provide (collectively, the "Services").

Please read the Terms of Service carefully before you start to use the Site or our Services. By using the Site, requesting our Services, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service, you must not access or use the Site or our Services.

1. Acceptance of Terms

The Services that Tom's Cleaning Services provides to you are subject to the following Terms of Service. Tom's Cleaning Services reserves the right to update the Terms of Service at any time without notice to you. The most current version of the Terms of Service will be posted on the Site and will supersede all previous versions.

2. Description of Services

Tom's Cleaning Services provides users with access to cleaning services as described on our website or as arranged through our customer service representatives. You understand and agree that the Services may include certain communications from Tom's Cleaning Services, such as service announcements and administrative messages, and that these communications are considered part of the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Service.

3. Eligibility

The Services are available only to individuals who are at least 18 years old. By using our Site or Services, you represent and warrant that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

4. Service Appointments

4.1 Booking Services

Services can be booked through our website, by phone, or by email. When booking a service, you agree to provide accurate, current, and complete information about yourself as prompted by our booking form or as requested by our customer service representatives.

4.2 Pricing

Prices for our Services are as quoted on our Site or as provided by our customer service representatives. We reserve the right to change our prices at any time, but changes will not affect appointments that have already been confirmed in writing.

4.3 Payment

Payment for Services must be made by methods specified on our Site or by our representatives. Payment is required either before service delivery or immediately upon completion of service, as specified in your service agreement. By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your service order.

4.4 Cancellations

We understand that sometimes you need to cancel an appointment. We kindly ask for at least 24 hours' notice for cancellations. Cancellations made with less than 24 hours' notice may be subject to a cancellation fee of up to 50% of the service price. Failure to provide access to the service location without cancellation notice may result in a charge of up to 100% of the service price.

4.5 Service Guarantees

Tom's Cleaning Services is committed to your satisfaction. If you are not satisfied with our Services, please notify us within 24 hours of service completion, and we will return to address the areas of concern at no additional cost. This guarantee applies to services that did not meet our standard quality but does not cover additional services not included in the original service scope.

5. Your Responsibilities

5.1 Service Preparation

To ensure our ability to provide Services efficiently and safely, you agree to:

  • Provide clear access to all areas requiring service
  • Secure or remove valuables, fragile items, and personal items prior to service
  • Inform us of any special considerations or areas to avoid before service begins
  • Ensure that pets are secured appropriately during service
  • Inform us of any potential hazards or safety concerns

5.2 Property Access

You are responsible for ensuring that our cleaning technicians have access to your property at the scheduled time. This may require you to be present, to provide a key, or to make other arrangements for access. If we cannot access your property at the scheduled time, cancellation policies as outlined in section 4.4 may apply.

5.3 Accurate Information

You are responsible for providing accurate information about the service location, including size, condition, and specific cleaning requirements. Additional charges may apply if the actual conditions differ significantly from the information provided at booking.

6. Intellectual Property Rights

6.1 Site Content

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Tom's Cleaning Services, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 Use License

Subject to your compliance with these Terms of Service, Tom's Cleaning Services grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
  • You may store files that are automatically cached by your Web browser for display enhancement purposes
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution

7. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Site:

  • In any way that violates any applicable federal, provincial, local, or international law or regulation
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
  • To impersonate or attempt to impersonate Tom's Cleaning Services, a Tom's Cleaning Services employee, another user, or any other person or entity
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Tom's Cleaning Services or users of the Site, or expose them to liability

8. Limitation of Liability

In no event will Tom's Cleaning Services, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the Site or such other websites, or any services or items obtained through the Site or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

With respect to cleaning services, our liability is limited to the cost of the service provided. We are not responsible for:

  • Pre-existing damage or conditions
  • Normal wear and tear
  • Damage resulting from your failure to properly maintain the item or area
  • Items that require specialized cleaning methods not included in our standard services

9. Indemnification

You agree to defend, indemnify, and hold harmless Tom's Cleaning Services, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Site or our Services.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Site shall be instituted exclusively in the courts of the Province of Ontario, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11. Waiver and Severability

No waiver by Tom's Cleaning Services of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Tom's Cleaning Services to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

12. Entire Agreement

The Terms of Service constitute the sole and entire agreement between you and Tom's Cleaning Services regarding the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site and Services.

13. Contact Information

Questions about the Terms of Service should be sent to us at:

Tom's Cleaning Services

123 Maple Street

Toronto, ON M5V 2T6

Phone: (416) 555-1234

Email: [email protected]

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(416) 555-1234

[email protected]

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