Terms of Service
Terms of Service A1 Sparkles LLC Updated 9222018
party claims. THE MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED THREE TIMES THE AMOUNT PAID BY CUSTOMER FOR THE SERVICES OR ACTUAL PROVEN DAMAGES, WHICHEVER IS LESS. IT IS EXPRESSLY AGREED THAT THE CUSTOMER’S REMEDY EXPRESSED HEREIN OF THEIR ESSENTIAL PURPOSE.
Some states/countries do not allow the exclusion or limitation of incidental or consequential damages so the above may not apply to you. If the Customer selects a customized cleaning and or the Provider is not allowed to perform its recommended procedures and/or drying equipment is removed prematurely, turned off, or altered in any way by the Customer, the Customer agrees to release and hold harmless, and indemnify the Provider against any claims or actions that may result from such incomplete procedures. If the Stains Come Back So Do We, guarantee applies only if the Customer approves all Provider recommended services, is valid only if the carpet is under manufacturer warranty, the Company must be able to use its truck mount carpet cleaning equipment, and expires 30 days from the service date, and only applies to existing stains that the company cleaned.
NOTICE OF CLAIM. The Provider shall have no liability whatsoever unless of a customer’s claim is given to The Provider in writing within three days following the date of the allegation. All cleaning involves some inherent degree of risk to the fabric/surface being cleaned. Shrinking, bleeding, browning, and texture changes can all occur when fabrics/hard surfaces are cleaned. You must assume responsibility for any unwanted effects from your fabric/surface cleaning for us to proceed.
CREDIT CARD AUTHORIZATION. Customer hereby authorizes The Provider to charge, hold and process the amount shown in the section titled Total Due. Customer refunds are in the form of checks from The Provider only. Chargebacks for service disputes are not valid. Customer authorizes The Provider to charge this credit card or any other credit card information that the Customer may have subsequently supplied to The Provider as a replacement card to the one shown on this agreement.
DEFAULT / NON-PAYMENT FEES. Payments are due in full at the time of the cleaning. Pending payments are due within seven days of this agreement or the service dates whichever comes first. If a customer defaults in payment of any sum due The Provider reserves the right to discontinue service. Delinquent accounts are subject to late fee amounts in the rate of 1.8% per annum (or the maximum amount allowed by law), plus internal and external collection fees, attorney fees and expenses, court cost, and other expenses incurred in recovering such sums. A $40 insufficient funds fee will be applied to returned checks. The Provider shall be entitled, fully permitted under law, to reasonable legal fees and costs of collection, in addition to any other amounts owed by Client. Consent is hereby given for filing of mechanic’s liens by Provider for the work described in this contract on the property on which the work is performed if Provider is not paid.
FORCE MAJEURE. Defined as although not limited to; an event beyond the control of the Authority and the Company which prevents a Party from complying with any of its obligations under this contract, including but not limited to: fire, chemical or radioactive contamination or ionizing radiation, earthquakes, lightning, cyclones, hurricanes, floods, droughts or such other extreme weather or environmental conditions, unanticipated geological or ground conditions, epidemic, famine, plague or other natural calamities and acts of God. Explosion, accident, breakage of a plant or equipment, structural collapse, or chemical contamination, invasion, acts of war (whether declared or undeclared), acts of terrorists, blockade, embargo, riot, public disorder, violent demonstrations, insurrection, rebellion, civil commotion and sabotage. The Force Majeure clause above also applies to temporary possession of customer items.
INDEMNIFICATION. The Customer and merchants agree to indemnify, defend, and hold harmless Provider and its officers, directors, employees and agents from and against all liability, claims, losses, damages, injuries, expenses, attorneys’ fees (whether in-house or otherwise), costs or otherwise, directly or indirectly arising from or related to Providers services. If Provider is fined or penalized by any of the Credit Card Associations or any other state, federal or regulatory agency, you agree that you will reimburse Provider immediately for said fines and/or penalties.
EXCLUSIVITY. During the term or this agreement and any renewal term and at any time, Customer agrees not to solicit The Provider staff members, employees, affiliates, sub-contractors, vendors or other privileged individuals for any reason or to perform services outside the company’s venue. The exclusivity described here shall survive the termination of this agreement without limitation.
DISCLAIMER. This agreement may be privileged, proprietary, and confidential. It is intended for the recipient and may not be distributed to any third party or be modified for future use. If any provision of this contract is found to be ineffective or illegal for any reason under present or future laws, such provision shall be fully severable, and this contract shall remain in full force.
Privacy Policy
This statement explains our policies and practices regarding the use and disclosure of your personal information by A1 SPARKLES CLEANING. Please note that A1 SPARKLES CLEANING reviews and updates this Privacy Policy from time to time as needed without notice. Therefore, you should review the terms of this policy periodically to make sure that you are aware of how A1 SPARKLES CLEANING collects and uses personal information. By using our website, you consent to the collection and use of your personal information by A1 SPARKLES CLEANING as explained below.
1. Personal Information. You have complete control over your personal information. In general, you can visit our website without providing us with any personal information. However, there are instances where we must have your personal information for us to grant you access to our protected and secured sites. This information may include registration data (your name, address, email address, phone number, title, etc.), information request data and response data (“User Information”). When you receive your confirmation email or when you receive an email from the list server, you will be given instructions on how to remove yourself from the list.
2. Use of User Information. We intend to use such information for purposes of supporting your and your employer’s relationship with A1 SPARKLES CLEANING by designing a web site content that is suitable to your needs and alerting you to new product and service offerings as they become available. This User Information may be retained by A1 SPARKLES CLEANING to verify compliance with the agreement between A1 SPARKLES CLEANING and your employer, to keep track of the domains from which people visit us, to create a user profile to better serve you and your employer, or to simply contact you either electronically or otherwise. If you decide that we should not use your personal User Information to contact you, please let us know and we will not use that information for such purpose. However, please do not submit any User Information if you are less than 18 years of age.
3. Disclosure of User Information. A1 SPARKLES CLEANING does not sell, trade or transfer User Information to third parties. However, we may share User Information with our PARTNERS for marketing, advertising or product/service offering purposes. For example, we provide User Information to our PARTNERS for direct emailing of our newsletters, online surveys or notifications on A1 SPARKLES CLEANING Offerings to our viewers. We also disclose User Information if: we have your consent; we need to share it to provide you with the products and/or services you requested; we respond to a court order or you violate our Terms of Use. You may separately agree to provide your personal information to third parties that provide content for A1 SPARKLES CLEANING Offerings, to access and/or use their products and/or services. If you agree to provide such information to these third parties, then your personal information will be subject to their privacy policies.
4. Accuracy and Security. The accuracy and security of the User Information is important to A1 SPARKLES CLEANING. Currently, you may review and request updates to your User Information retained by contacting A1 SPARKLES CLEANING. If you contact us to correct your User Information, we will attempt to correct such inaccuracies in a timely manner. A1 SPARKLES CLEANING is concerned with the security of your User Information and is committed to taking reasonable steps to protect it from unauthorized access and use of that personal information. To that end, we put in place the appropriate physical, electronic and managerial policies and procedures to secure your personal User Information. We also continue to implement procedures to maintain accurate, complete and current User Information.
5. Usernames and Passwords. Access to certain content on our web site may be allowed under a written agreement between you or your employer and A1 SPARKLES CLEANING and will require a username and/or password. In some cases, failure to provide personal information may prevent you from accessing certain A1 SPARKLES CLEANING web pages containing certain confidential information, products, services, or promotional offers (“A1 SPARKLES CLEANING Offerings”). By accessing and using our protected and secured web site(s), you agree to maintain the confidentiality of the username and password you selected to access such site(s) and consent to our Terms of Use.
6. Cookies. A1 SPARKLES CLEANING uses “cookies”. A cookie is a small data file that a website can transfer to a visitor’s hard drive to keep records of the visits to such site. A cookie contains information such as your username and password that helps us recognize the pages you have visited and improved future visits, but the only personal information a cookie can contain is the information that you provide yourself. A cookie cannot read data off your hard drive or read cookie files created by other sites. Information stored in cookies may be encrypted, however, we do not store your credit card number in cookies. If you prefer not to accept a cookie, you can set your web browser (Microsoft Internet Explorer or Netscape Navigator) to warn you before accepting cookies or you can refuse all cookies by turning them off in your web browser. However, access to some of our secured web site(s) may require the use of cookies, which you must enable only cookies that get sent back to the originating server. Otherwise, you can still access most of the features on our web site even without accepting a cookie.
7. External Links. A1 SPARKLES CLEANING website provides links to other third-party websites. Even if the third party is affiliated with A1 SPARKLES CLEANING through a business partnership or otherwise, A1 SPARKLES CLEANING is not responsible for the privacy policies or practices or the content of such external links. These links are provided to you for convenience purposes only and you access them at your own risk.
8. Terms of Use. Please also see our Terms of Use, which describes the restrictions, disclaimers, indemnification, and limitation of liability governing the use of the entire A1 SPARKLES CLEANING web site.
9. General. If you have questions regarding our Privacy Statement, please contact A1 SPARKLES CLEANING via our Contact Us page.