The terms and conditions stated herein (collectively, this "Agreement") constitute a legal agreement between you and Sparkling Clean Service, Inc. (dba Sparkling Clean Agency), a California corporation or the appropriate entity (the "Company"). By using or receiving any services supplied to you by the Company (together with the website located athttps://www.sparklingcleanagency.com, collectively, the "Service"), and downloading, installing or using any associated software supplied by the Company which purpose is to enable you to use the Service (collectively, the "Software"), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at https://www.sparklingcleanagency.com/terms or through the Service.
The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at firstname.lastname@example.org
The company does not provide cleaning services, and the company is not a cleaning service provider. It is up to the third party cleaning service provider to offer cleaning services which may be schedule through use of this software or service. The company offers information and the method to obtain such third party cleaning services, but does not intend to provide cleaning service or act in any way as a cleaning service provider, and has no responsibility or liability for any cleaning services provided to you by such third parties
Sparkling Clean Agency is Domestic house cleaning referral agency
The Service is a communications platform for enabling the connection between individuals seeking to obtain cleaning services and/or individuals seeking to provide cleaning services. The Company checks the backgrounds of cleaning service providers via third party background check services; however, the Company does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such cleaning service providers. When interacting with cleaning service providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. By using the Service, you agree to hold the Company free from the responsibility for any liability or damage that might arise out of the transaction involved. Neither the company nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the service. The company and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the service.
Sparkling Clean Agency is a domestic referral agency that offers referrals to clients seeking in home care and domestic services with qualified Domestic Workers. This agreement (“Agreement”) is between Sparking Clean Agency(the “Agency” or “Sparkling Clean Agency”) and the recipient of domestic services the client that is booking this service(“Client” or “Client’s Legal Representative”),collectively referred to as “Client”). In this Agreement, “Parties” refers to the Agency and Client. The Parties hereby agree as follows:
- Sparkling Clean Agency: The Agency offers referrals of Domestic Workers. In addition to referral services, the Agency also completes a background investigation for, verifies the experience and credentials (if applicable) of, and carefully vets each Domestic Worker before the Domestic Worker is eligible for referral to a Client. The Agency, itself, provides no housekeeping and/or home care services, nor does the Agency hold itself out to be a provider of housekeeping and/or home care services, as such services are exclusively rendered by the Domestic Workers referred hereunder. The Agency provides only the services specifically described in this Agreement.
- NON-MEDICAL:All job order referrals and domestic services described in this agreement are for non-medical services. Client shall not have Domestic Worker provide medical or related services pursuant to any work/job order referrals pursuant to this Agreement.
- REFERRALS OF DOMESTIC WORKERS:Although the Agency may act as a liaison for negotiations between the Client and the Domestic Worker, the Client and the Domestic Worker are responsible for determining and establishing the terms of their relationship, including the rates for the Domestic Worker services. The Agency will attempt to refer one or more Domestic Workers who meet criteria specified by Client. If a Domestic Worker cannot be located to provide services within Client’s preferred criteria, the Agency will confer with Client about adjusting such criteria based on the Agency’s experience in the marketplace. Client understands and acknowledges that Client and a referred Domestic Worker can renegotiate the referred Domestic Worker’s rate at any time.
Most Domestic Workers referred by the Agencyrequire premium payment of one and one-half times their hourly rate of pay for any services provided in excess of forty (40) service hours per week or eight (8) hours per day. Please note the refusal to agree to premium payment for services in excess of forty (40) service hours per week or eight (8) hours a day this may reduce the number of Domestic Workers willing to provide services to you or the number of hours they are willing to work. It is the Domestic Worker, and not the Agency, that decides whether to accept a work opportunity.
Client understands that he or she is fully financially responsible to the Domestic Workerfor charges billed for the Domestic Worker’s services and the Agency’s referral fee. This paragraph shall survive termination of this Agreement.
- AGENCY IS NOT THE EMPLOYER OF REFERRED DOMESTIC WORKERS:Client acknowledges that the Agency is not the employer of Domestic Workers it refers to Client and that the Agency does not monitor, supervise, direct, manage, or train any referred Domestic Workers. Client understands that the Agency is not the joint employer, in fact or appearance, of any Domestic Worker referred under this Agreement. Client understands and agrees that Client may be deemed the employer of referred Domestic Workers. Client accepts and undertakes sole responsibility for determining whether a Domestic Worker becomes Client’s employee. To the extent any Domestic Worker is or becomes Client’s employee, Client accepts and undertakes sole responsibility for complying with all state and federal laws relating to such employment relationship, including but not limited to the timely and accurate payment of all wages, taxes, and insurance obligations. The Agency cannot provide Client with any legal or accounting advice, and as such, cannot provide Client with any advice regarding whether any Domestic Worker is or may become Client’s employee under any law, or what legal or tax implications may result from the creation of any employment relationship. Client may, and is encouraged to, seek independent legal and/or accounting advice relating to any actual or potential employment relationship that may result from Client’s engagement of any Domestic Worker.
- CLIENT CONTROL:Client retains the right to accept or decline any Domestic Worker who is referred to Client hereunder and retains the unilateral right to negotiate directly with a Domestic Worker concerning all aspects of the housekeeping relationship. When a Domestic worker performs services for a Client, the Domestic Worker performs such services solely on behalf of the Domestic Worker, and not on behalf of or as an agent of the Agency. Client and the Domestic Worker are solely responsible for determining all aspects of the engagement for services between Client and the Domestic Worker, including the rate for such services, the length of the engagement for services, and the objectives to be accomplished while performing such services.The Agency has no right to terminate or otherwise interfere with such relationship, other than to inform Client about matters pertaining to a Domestic Worker’s background and professional credentials, if applicable, and experience and provide the other Referral Services identified above.
- FEES:The Agency’s source of income for its referral services is an agency referral fee which is a percentage of the total amount paid by Client and is separate from and in addition to the negotiated fee charged by the referred Domestic Worker.
The Agency and Client acknowledge that the total amount Client pays for services, which is for all work performed, is a negotiated amount with Domestic Worker, plus an agency referral fee.
It is further understood and agreed that:
- The Domestic Worker is responsible for any and all negotiation with the Client regarding the amount to be paid for the Domestic Worker’s services;
- Client’s direct payment to Domestic Worker to be processed through Agency Trust Account as specified under California Civil Code 1812.5095, and all referral fees owed to the Agency;
- Client’s direct payment to Domestic Worker to be processed by Stripe and all referral fees owed to the Agency;
- All fees are non-refundable, earned in full, and due and payable according to the terms of this Agreement; and
- The Agency makes no guarantee as to the length of service provided by the Domestic Worker.
- CANCELLATION:Failure to notify the Agency twenty-four (24) hours in advance of cancellation of any requested service will result in a full fee charge of the scheduled service.
- TREATMENT OF DOMESTIC WORKER:The Client understands and agrees to treat the Domestic Workers referred to Client with respect. Respectful treatment includes no verbal or physical harassment of any kind.
- INDEMNIFICATION RELATED TO DOMESTIC WORKER SERVICES:The Agency shall not be liable for any acts or omissions of a Domestic Worker. Client hereby agrees to indemnify, defend and hold harmless the Agency, and its officers, directors, members, employees, successors and assigns from any and all causes of action, obligations, disbursements, losses, liabilities, deficiencies, penalties, interest, claims, damages, actions, suits, proceedings, payroll taxes, settlements, judgments, and costs and expenses (including reasonable attorneys’ fees) arising out of, in connection with, or incidental to contracting with referred Domestic Worker under any and all circumstances including but not limited to, tax payments and vehicle use. The scope of this duty to indemnify, defend, and hold harmless specifically includes, but shall not be limited to, all claims for minimum or overtime wages, back pay, front pay, breach of contract, discrimination, harassment, libel, slander, misclassification of any person as independent contractor, and/or pre- and post-judgment interest. This paragraph shall survive the termination of this Agreement.
- TAXES: Because the Agency is not the employer of the Domestic Worker, the Agency will not withhold income taxes and/or pay Federal and State employment taxes, disability insurance, and Social Security taxes.
- TERMINATION:This Agreement may be terminated by either party at any time by providing the other party with prior written notice of its intention to terminate the Agreement or as otherwise required by state law. Termination of this Agreement shall have no effect on Client’s engagement with a referred Domestic Worker, as the Agency has no right to terminate or otherwise interfere with Client’s engagement with a Domestic Worker, other than to inform Client about matters pertaining to a Domestic Worker’s background and professional credentials.
If Client cancels services provided by a Domestic Worker referred by the Agency and then retains that same Domestic Worker directly without honoring the referral fee payment owed to the Agency, the Agency loses income that it is legally entitled to. Consequently, in consideration of the referral services provided by Agency, the Client agrees that should he/she cancel services with any Domestic Worker referred by the Agency and then continue to utilize the services of that same Domestic Worker at any time within six (6) months after cancelling services with Agency then Client shall pay a one-time placement fee to the Agency in the amount of $5,000.00, along with any court, collection agency, and/or attorney’s fees involved in the resolution of the matter. Nothing in this provision limits Domestic Worker’s ability to contract with clients or other agencies to provide services for clients not referred by Agency.This obligation will exist regardless of any representation by the referred Domestic Worker.
- NO REPRESENTATIONS REGARDING SERVICES:Client acknowledges that the Agency has not made any assurance, guarantee, promise, or representation with respect to the results and/or outcome of any services to be provided by Domestic Worker referred by the Agency.
- PROVISION OF DOMESTIC WORKER SERVICES:Client consents to the provision of services by the Domestic Workers referred by the Agency and agreed to by Client. Client has had the opportunity to ask any questions he or she might have regarding the provision of the services that he or she intends to receive. All of Client’s questions have been answered to his or her satisfaction.
- ENTIRE AGREEMENT:This Agreement supersedes all prior and contemporaneous agreements and understandings, representations, warranties, guarantees, inducements, or conditions, express or implied, oral or written, between the Parties with respect to the subject matter herein, with the exception of any addenda hereto which are expressly labeled as Addenda to this Agreement, mention this Agreement by name, and signed by both You and Us.
- CHOICE OF LAW AND ENFORCEMENT:This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the laws of the State of California, notwithstanding any conflicts of laws doctrines to the contrary, and without the aid of any canon, custom, or rule of law requiring construction against the draftsperson.
- SEVERABILITY:Should any term or provision of this Agreement be found invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each and every term and provision otherwise valid shall remain valid. This Agreement shall be binding upon, and inure to the benefit of, the Parties and their respective successors, assigns, and heirs.
Sparkling Clean Agencyis not the employer of the Domestic Worker it referred to you. The Domestic Worker may be your employee or an independent contractor depending on the relationship you have with him or her. If you direct and control the manner and means by which the domestic worker performs his or her work you may have employer responsibilities, including employment taxes and workers’ compensation, under state and federal law. For additional information contact your local Employment Development Department and the Internal Revenue Service.
The undersigned have each read, discussed and understand this Agreement and agree to be legally bound to all of the terms and conditions. Client acknowledges receipt of a copy of this Agreement.
If Agreement is signed by Client’s Representative, then such Representative will be jointly and severally liable for Agency’s fees.
It is anticipated that the Domestic Worker being referred to Client will be spending at least 80% of their timesupervising, feeding, or dressing a client who by reason of advanced age, physical disability, or mental deficiency needs supervision.
If you have any questions regarding the Terms of Service or the Service, please contact us at email@example.com or by mail at:
Sparkling Clean Service, Inc
295 89Th St, Suite 306
Daly City, CA 94015