Terms of Service

"Because good people like you deserve service from good people like us"

Section 1 – Introduction & Consent to Terms

Welcome to Mountaineer Cleaning LLC, a WV limited liability company (referred to herein as "Mountaineer Cleaning Maids", "we", "us", or "our") Terms of Service (referred to herein as our "Terms").

Thank you for choosing Mountaineer Cleaning Maids for your cleaning needs! These Terms set forth the terms and obligations between us, the company providing the Services, and you, our client (referred to herein collectively as the "Parties").

All terms and obligations contained herein are legally binding. Your use of our home cleaning services (our "Services") constitutes explicit acceptance of all of the terms contained herein.

Section 2 – Exploring Our Services & Initial Consultation

If you think Mountaineer Cleaning Maids might be a good fit for your needs, please contact us to receive a quote for your proposed job(s). All of the quotes we provide are estimates only and are based on the estimated scope of work and the condition of the home as described at the time of booking. While we endeavor to provide you with the most accurate quote possible, sometimes jobs end up being far larger than is represented to us or something out of our control may cause the quote we give you to increase.

Prior to charging you an increase in the quote provided, we will notify you in writing of the increase in charge which you will be required to accept before we move forward. All increases, if any, will be invoiced to you at the end of your project(s).

Section 3 – Performance of Services

Mountaineer Cleaning Maids agrees to perform the Services listed on your quote. If one or more of the services you need are not listed on your quote, it is your responsibility to ensure that all necessary work is included. Our quote is based on the services listed on your quote.

All work provided by Mountaineer Cleaning Maids will be done by one or more of our agents. When you hire Mountaineer Cleaning Maids to provide the Services, you are hiring Mountaineer Cleaning Maids and not one of our employees, agents, or other workers.

All times provided for the Services are estimates only. While we do our best to ensure that we arrive on time, we cannot guarantee an exact time of arrival or departure. Sometimes issues do pop up which may cause us to be tardy, delayed, or require a rescheduling. If something does come up, we will endeavor to communicate to you as soon as we can.

We reserve the right to change the person or persons handling the Services for you. Any change in the person or persons handling the Services for you will not entitle you to a reduction in cost, a pause or cancellation of our services, or otherwise. If you request someone specific to provide our Services, we will do our best to provide you that person(s) but cannot guarantee their availability.

You agree to give Mountaineer Cleaning Maids access to your home or other place where our Services will be provided. Any inability to provide the Services based on an inability to access your home or other place where our Services will be provided will be borne solely by you.

We recommend — but do not require — that you are home before and after our Services are finished so that you can review the job we performed and advise us if any changes are needed. If you are not home at the conclusion of our Services, our Services will be deemed completed and accepted by you upon us exiting your home.

Quality of Work — Other Workers Present: Mountaineer Cleaning Maids cannot guarantee the quality of our work if there are additional unaffiliated workers present in the home during the time our Services are being performed. This includes, but is not limited to, movers, handymen, contractors, and any other person performing any type of work on the property simultaneously. If you choose to have other workers present, you acknowledge and accept any resulting limitations on our work quality and any re-cleaning that may be required.

Scope Exclusions: The following are not included in any standard cleaning package unless expressly quoted and agreed upon in writing:

• Wall Washing: None of our cleaning packages include washing walls. Wall washing may be added as an optional service at a rate of $68.00 per hour, per cleaner.
• Tile Grout & Caulking: We do not deep clean tile grout or caulking as part of standard service. Proper tile grout cleaning requires a specialized service. Old or moldy caulking around tubs, showers, and sinks requires removal and re-caulking, which is outside our scope. We can attempt to clean affected areas but cannot guarantee any specific results.
• Interior of Dishwashers: We do not clean the interior of dishwashers. We do clean the exterior.
• Exterior Surfaces: We do not perform any exterior cleaning, including but not limited to exterior windows, hardscape, driveways, or outdoor areas.

At all times, Mountaineer Cleaning Maids shall act in accordance with all applicable laws, rules, and regulations in performing the Services.

Section 4 – Terms of Purchase

Quotes are provided to you free of charge. Quotes expire after thirty (30) days. If you decide to move forward with us, we look forward to working with you!

We offer three options for purchasing our Services:

1. Flat Fee Services: We offer our Services to you based on a flat-fee agreement for the proposed work. The flat fee offered to you will depend on the nature of the work, the amount of time to complete, the amount of workers necessary, and other items in our sole discretion. The Flat Fee is subject to change based on changes in the nature of the work being performed (see Section 2).
2. Hourly Services: We also offer our Services to you based on the time spent working on your Services ("Hourly Services"). All Hourly Services will be provided to you on an 'as-needed' basis and at your direction. Our Hourly Services will be provided at the hourly rate specified in your quote. All time is billed to you in fifteen (15) minute increments.

   Important Notice Regarding Hourly Services: If you have selected an hourly cleaning, our team will clean as much as possible within the time purchased. We cannot guarantee that every requested task will be completed within the allotted time. If additional time is needed and desired, it may be added at a rate of $68.00 per hour, per cleaner, provided the request is made before our team departs. Once our team has left the property, no additional time may be added to that appointment.

3. Recurring Cleaning Services: We offer weekly or monthly recurring services (our "Recurring Cleaning Service"). Our Recurring Cleaning Service inclusions and costs will vary depending on your needs, customization, and a number of other factors in our/your discretion.

   Each Recurring Cleaning Service plan is recurrent and will automatically renew without any action by you. You will be charged in accordance with the plan you select. If you want to terminate your Recurring Cleaning Service, you need to terminate our Services in accordance with these Terms. Each Recurring Cleaning Service is subject to the below provision titled Cancellation & Returns.

Section 5 – Deposit

If required, you agree to pay to Mountaineer Cleaning Maids an initial deposit to reserve Mountaineer Cleaning Maids for the selected dates, timeframe, or otherwise (a "Deposit") in an amount to be determined by Mountaineer Cleaning Maids, commensurate with the scope of anticipated work, difficulty, etc.

If required, the Deposit must be paid to Mountaineer Cleaning Maids soon after engaging Mountaineer Cleaning Maids to perform the Services.

You understand and agree that if a Deposit is required, you will not reserve Mountaineer Cleaning Maids until the Deposit is paid. Subject to the Cancellation section, below, your Deposit shall be non-refundable and shall be applied to the total balance owed. No interest will accrue on your Deposit.

Section 6 – Payment, Billing & Other

All prices for the Services are in U.S. Dollars. We accept most forms of payment, including but not limited to: Zelle, credit card, and debit card.

We reserve the right to change our Services or Recurring Cleaning Service at any time, including cost, provided that if we change the amounts or other charges associated with your Services, we will provide you thirty (30) days advance written notice of such changes. We reserve the right to reject our Services to anyone and for any reason. We also reserve the right to discontinue certain Services at any time.

When you provide payment information, you represent and warrant that the information you provide is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third-party payment card updating services to obtain current expiration dates on credit cards and debit cards.

By providing a credit card, you represent and warrant that you authorize us to charge your payment method for all charges you incur for your purchase of our Services. You agree that you are responsible to pay for and will pay for all such charges. If your payment is denied, you will be responsible for an administrative fee of fifty dollars ($50.00) which is not a penalty but rather is 'liquidated damages' for our reasonable administrative costs in contacting you for new payment, etc. Failure to keep a valid payment method does not constitute cancellation of a Recurring Cleaning Service and your subscription will continue until cancelled in accordance with these Terms.

If you have enrolled in Recurring Cleaning Service, you expressly acknowledge and agree that: (1) Mountaineer Cleaning Maids (or our third-party payment processing company or application) is authorized to charge you on a monthly or other basis for the price of your Recurring Cleaning Service, including taxes and other fees, for as long as your Recurring Cleaning Service continues; and (2) your Recurring Cleaning Service is continuous until you cancel it or we suspend or terminate the service.

You are responsible for all charges with respect to an untimely cancellation.

All invoices are due and payable within forty-eight (48) hours of receipt. Failure to pay an invoice, in full, within forty-eight (48) hours of receipt will cause that invoice, or part thereof, to accrue interest at three percent (3%) per month until paid in full. Once your invoice becomes thirty (30) days past-due, Mountaineer Cleaning Maids may transfer your invoice, account, and any past-due payments to a collection agency or attorney. If your invoice, account, and any past-due payments are transferred to a collection agency or attorney, Mountaineer Cleaning Maids shall be entitled to recover all costs and fees in collecting your past-due balance, including all reasonable attorneys' fees.

We do not permit chargebacks.

If you charge back a payment made to Mountaineer Cleaning Maids and Mountaineer Cleaning Maids wins or loses the dispute, in addition to other amounts owed hereunder, you agree to pay a five-thousand-dollar ($5,000.00) penalty for 'liquidated damages' based on the estimated time, energy, and costs (such as labor) required to deal with your chargeback. You agree that these liquidated damages are reasonable and were negotiated by you and agreed to prior to agreeing to these Terms.

Section 7 – Warranties of Services Performed

Mountaineer Cleaning Maids represents and warrants to you that:

• The Services will be performed in a professional manner, consistent with or exceeding industry standards; and
• Mountaineer Cleaning Maids has industry standard liability insurance covering issues that may arise from performance of the Services.

Section 8 – Cancellation, Refunds & Our Satisfaction Guarantee

All sales are final. We do not provide refunds under any circumstances.

Cancellations: All cancellations or changes to the date of our Services must be made by you no later than twenty-four (24) hours prior to your scheduled start time.

• Cancellation while our team is en route: A trip fee of $68.00 will be charged. Any remaining balance paid will be refunded.
• Cancellation after our team has arrived on-site: No refund will be issued.
• Cancellation within 24 hours of scheduled start time (before our team is en route): We are entitled to retain your Deposit, which will be applied toward your next booking with us. No cash refund shall be issued.

You may cancel your Recurring Cleaning Service at any time by emailing us at info@mountaineermaids.com.

Our Satisfaction Guarantee: We offer a satisfaction guarantee for all jobs we service (referred to herein as "Our Satisfaction Guarantee"). If your job was not completed to your satisfaction, we will return to re-do the work performed within forty-eight (48) hours of your written notice of dissatisfaction. If you do not report your dissatisfaction within forty-eight (48) hours and give us a chance to re-do the work performed within that window, you will have no entitlement to Our Satisfaction Guarantee.

Section 9 – Workplace Protections

Ensuring that our workers are safe while performing the Services is of utmost importance to Mountaineer Cleaning Maids. Due to this, we do not permit the following work to be done:

• Cleaning beyond what is reachable from a two-step ladder. Our liability insurance prohibits our cleaners from performing tasks that require reaching beyond what is safely accessible from a two-step ladder. For tasks requiring greater reach, we recommend using a licensed professional handyman or window washer.
• Cleaning of biohazard substances;
• Cleaning of area(s) infested with insects or other animals (not pets);
• Cleaning areas with mold or other toxins; or
• Any other task(s) that could jeopardize the health, wellness, or safety of our workers, not to be unreasonably applied.

Undisclosed Pest Infestation Policy: If a pest or bug infestation (including, but not limited to, bed bugs, roaches, fleas, or termites) is not disclosed prior to our arrival, Mountaineer Cleaning Maids reserves the right to refuse service upon entry, without issuing a refund. Failure to disclose an infestation before your scheduled service will be considered a violation of our policies due to the health, safety, and contamination risks it poses to our staff and other clients.

Section 10 – Limitations of Engagement

While we promise a high standard of quality when performing the Services, there are some limitations to our engagement, which include but are not limited to:

Pets: It is your responsibility to ensure that your pets are cared for during the Services. We do not assume any liability for the health and safety of your pets outside of gross negligence. For example, if your pet drinks a cleaning solution while we are working and gets sick, this is not something we are responsible for nor can accept liability for.

Personal Property & Valuables: It is your responsibility to ensure that all personal property can be cleaned with our cleaning solutions. Prior to our arrival, please put away wallets, jewelry, cash, sensitive documents, and any other valuables to ensure nothing gets misplaced or damaged during the cleaning process. It is also your responsibility to ensure that all irreplaceable or specialty items are pointed out to us or removed from the cleaning area. We do not assume any liability for personal property that is damaged as a result of being cleaned. It is your sole responsibility to ensure that (i) we are informed of what cannot be cleaned; and (ii) you remove said items from the cleaning area(s). For example, if you have a specialized finish on your kitchen table that we are not advised of and that reacts poorly to our cleaning solution(s), this is not something we are responsible for nor can accept liability for.

Fixtures: It is your responsibility to ensure that all fixtures and other home décor are in good working order. We do not assume any liability for fixtures and other home décor that are not in good working order. For example, if one of our agents wipes down your blinds and they fall and break from simple cleaning, this is not something we are responsible for nor can accept liability for.

Damage Claims: Mountaineer Cleaning Maids is not liable for any damage arising from or related to the performance of our Services. All damage-related claims are subject to the Limitation of Liability provisions set forth in Section 16 of these Terms.

Security Deposits: Mountaineer Cleaning Maids is not responsible for the outcome of any security deposit evaluation, determination, or dispute between you and any landlord, property manager, buyer, or other third party. We make no representations or guarantees regarding the sufficiency of our Services to satisfy any third-party property condition requirements.

Move-In & Move-Out Cleanings: Move-in and move-out cleaning services are subject to the following additional terms:

• Access to the property is required in order for Mountaineer Cleaning Maids to honor our Satisfaction Guarantee. If you are handing over keys to a property manager, buyer, landlord, or agent, you must provide their contact information to us in advance so that we may coordinate directly with that party if any issues need to be addressed.
• If keys are turned in and we no longer have access to the property, our Satisfaction Guarantee is considered fulfilled and no refunds will be issued.
• For move-in cleanings, if movers arrive immediately following our service and items are placed in the home before any concerns are reported to us, you agree that any necessary touch-ups will be completed after move-in to the best of our ability. Refunds are not issued when access is unavailable or restricted due to key turnover or move-in timing.

Unexpected Property Conditions: Our pricing is based on the condition of the property as described at the time of booking. If our team arrives and the home requires significantly more time due to undisclosed or materially different conditions, we will notify you immediately. This includes, but is not limited to, major grease buildup on kitchen cabinets, stovetops, or vent hoods. At that point, you may either: (i) approve additional time at an adjusted rate; or (ii) have us complete as much as possible within the original scope of the booking. We will not proceed beyond the original scope without your express authorization.

Section 11 – Reviews and Required Cure Period

If you are happy with our Services, we highly encourage you to leave a review on an online platform of your choosing. Reviews are how potential clients see our past work and are part of how we continue to grow our business.

If you are unhappy with our Services and decide to leave a negative review on our page, please ensure that your review is truthful. Please be advised that if you leave an untruthful review on one of our online platforms, we reserve the right to pursue you for any damage or loss sustained by us, including recovery of attorney's fees. For your information, the State of West Virginia presumes damages when a false statement is made that implies a "lack of fitness for a particular business or profession."

By using our Services, you explicitly agree that if you are dissatisfied with our Services and do not give us an opportunity to re-do the work to your satisfaction, you will not leave a negative review about Mountaineer Cleaning Maids, its owners, employees, or other agents on any online platform or otherwise electronically post, communicate, or comment on our Services in any negative manner to any third parties, whether directly or indirectly.

By using our Services, you further agree that Mountaineer Cleaning Maids is granted a seventy-two (72) hour cure period to fix, re-do, or remedy any Services not completed to your satisfaction. You agree that this seventy-two (72) hour cure period is reasonable and was bargained for in the negotiation of these Terms.

If you leave a negative review on any online platform or otherwise electronically post, communicate, or comment on our Services in any negative manner to any third parties without providing us our contractual seventy-two (72) hour cure period, you agree that you will be in breach of these Terms and that Mountaineer Cleaning Maids will have incurred damages in the estimated amount of ten thousand dollars ($10,000) (referred to herein as the "Liquidated Damages"). You agree that these Liquidated Damages are not a penalty for non-compliance and are not intended to frustrate your ability to leave a truthful review about Mountaineer Cleaning Maids, but are rather reasonable and estimated damages resulting from your breach of these Terms and will compensate Mountaineer Cleaning Maids for the goodwill, reputational, and general business damages resulting from your failure to provide Mountaineer Cleaning Maids with its contractual seventy-two (72) hour cure period. You agree that the Liquidated Damages are reasonable and were bargained for in the negotiation of these Terms.

Nothing in this Section or otherwise will waive Mountaineer Cleaning Maids' right to pursue you for actual damages or other relief, whether in equity or at law.

Finally, you agree that if you are unavailable, for any reason, during our contractual seventy-two (72) hour cure period, the cure period will be tolled during your unavailability and all required timeframes will be adjusted accordingly.

Section 12 – No Solicitation of Workers

By hiring Mountaineer Cleaning Maids, you agree not to solicit or encourage any person(s) employed by Mountaineer Cleaning Maids to not go through Mountaineer Cleaning Maids and work with you, directly or indirectly. We require this due to the amount of time and effort we put into finding, interviewing, training, and managing our workers.

If you solicit or encourage our workers to not go through Mountaineer Cleaning Maids and work directly with you, or if you work directly with our workers in any capacity, you expressly agree that Mountaineer Cleaning Maids will incur irreparable damages as a result, the exact amount of which will be difficult to measure. Therefore, you agree that if you breach this Section, you agree to pay to Mountaineer Cleaning Maids liquidated damages in the amount of one thousand dollars ($1,000.00) per violation, in addition to any other available remedies available to Mountaineer Cleaning Maids. Both parties agree that this liquidated damages provision is not a penalty but a fair estimation of the damages Mountaineer Cleaning Maids will incur as a result of your breach of this Section.

This paragraph was bargained for in hiring Mountaineer Cleaning Maids to provide the Services.

Section 13 – Photographs for Promotional Purposes

By using Mountaineer Cleaning Maids for the Services, you explicitly permit Mountaineer Cleaning Maids to take photographs of the work performed for marketing, advertising, and promotional purposes, including on Mountaineer Cleaning Maids' website and/or social media accounts. This includes before and after photos.

You will not be entitled to any royalty or similar compensation from said use(s), if any. Nothing herein requires the use of photographs taken before or after your job.

Section 14 – Mountaineer Cleaning Maids Intellectual Property

The contents of our Website are protected by United States and international copyright laws. The contents of our Website are owned exclusively by Mountaineer Cleaning Maids or licensed to us. You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license, or use for commercial purposes any copyrighted material on our Website (the "Intellectual Property") without our prior written consent. All rights not expressly granted in these Terms are reserved to Mountaineer Cleaning Maids.

Mountaineer Cleaning Maids and our name, logos, slogans, or otherwise are trademarks or service marks ("Marks") of Mountaineer Cleaning Maids. All rights in these Marks are reserved by Mountaineer Cleaning Maids. You may not use any Mountaineer Cleaning Maids-provided Marks or other logos or graphics without our prior written consent.

Section 15 – Disclaimer

OUR SERVICES ARE PROVIDED 'AS IS' AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW OR AS INCLUDED IN THESE TERMS, MOUNTAINEER CLEANING MAIDS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES EXCLUDE ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.

WE EXPRESSLY DISCLAIM ANY LIABILITY FOR LOSS OR DAMAGE SUSTAINED BY YOU AS A RESULT OF USE OF OUR SERVICES.

WHILE WE ENDEAVOR TO PROVIDE THE BEST SERVICES POSSIBLE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO SERVICE PROVIDED IS PERFECT. IF YOU ARE UNHAPPY WITH THE SERVICES PROVIDED TO YOU, PLEASE CONTACT US AND WE WILL DO OUR BEST TO RESOLVE YOUR ISSUE(S).

Section 16 – Limitation of Liability

Mountaineer Cleaning Maids shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under these Terms.

WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT YOU PAID MOUNTAINEER CLEANING MAIDS FOR THE SERVICES.

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR SERVICES OR THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

Section 17 – Indemnification

Each party shall indemnify, defend and hold harmless the other and their directors, officers, owners, managers, employees and agents from and against any and all losses, damages, liabilities, reasonable attorney fees, court costs, and expenses (collectively "Losses"), joint or several, resulting or arising from any claims, actions, proceedings, or litigation relating to or arising from (a) use of the Services; (b) that party's breach of these Terms; or (c) applicable law.

Section 18 – General Provisions

a. Entire Agreement. These Terms contain the entire agreement between you and Mountaineer Cleaning Maids except for those inclusions found within a quote.

b. Waiver. The failure by Mountaineer Cleaning Maids to enforce any provision of these Terms shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of these Terms.

c. Assignment. You may not assign, pledge, delegate, or otherwise transfer any of your rights or obligations under these Terms without Mountaineer Cleaning Maids' prior written consent.

d. Relationship. Nothing in these Terms shall create, or is intended to create, an agency, employment, franchise, joint venture, or partnership relationship between you and Mountaineer Cleaning Maids. Mountaineer Cleaning Maids will be responsible for all tax withholdings and payments arising out of the Services.

e. Applicable Law / Dispute Resolution. These Terms shall be governed by the laws of the State of West Virginia. Except for non-payment by you or if you leave an untruthful review or a review without providing Mountaineer Cleaning Maids our contractual notice to cure, all other disputes arising from or in connection with these Terms shall be subject to binding arbitration, through JAMS, the location of which shall be in Monongalia County, West Virginia. The prevailing Party in any dispute arising out of these Terms shall be entitled to recover its/his/her reasonable attorney's fees and costs.

f. Waiver of Class Action. To the extent permitted by applicable law, you and Mountaineer Cleaning Maids agree that any dispute arising out of these Terms or the Services provided by Mountaineer Cleaning Maids is personal to you and Mountaineer Cleaning Maids and that any disputes, if any, will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of similar proceeding.

g. Severability. If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.