TERMS OF SERVICE

Service Policy Updated Date: December 14, 2020

TERMS

This service policy constitute a legally binding agreement (the “Agreement”) between you and Kleen Point, Inc, Dba Nest Cleaning. It governs your access or use of the applications, websites, content, products, and services (collectively, “Nest Cleaning” or Nest Cleaning website and services”) made available by Kleen Point, Inc, Dba Nest Cleaning.

Any persons (whether individual, company, or entity) hereby referred to as a you, user, customer, requester, and/or client, who books a service with Nest Cleaning, in any way including but not limited to over the website, email, phone call, text message, or in-person is agreeing to the terms set forth by this document.

By entering into to this Agreement, you expressly acknowledge that you understand this agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OUR SERVICES OR ACCESS THE NEST CLEANING WEBSITE.

WEBSITE

Nest Cleaning website, https://www.nestcleaning.com allows people seeking home cleaning services (collectively referred to herein as “users.”) to create user accounts and access to the Nest Cleaning  booking and payment system. For purposes of this Agreement, the services provided to users shall be referred to collectively as the “Services,” “cleanings,” “bookings,” or “Home Cleaning Services”.

All and any Users requesting or accepting services from Nest Cleaning are aware and agree that Kleen Point, Inc., Dba Nest Cleaning, is a residential cleaning service provider and agency platform acting both as an employer (direct service provider) and as a booking agency for vetted self-employed cleaning professionals and other service providers.

Each service provided by a cleaning service provider to a client shall constitute a separate agreement between such persons and/or entities (unless the cleaning service provided or executed by a Kleen Point, Inc Dba Nest Cleaning owners or employees).

All and any Users requesting or accepting services from Nest Cleaning are aware and agree that Nest Cleaning may, at its own discretion assign a cleaning job to an employee or independent-self-employed cleaning service provider.

All and any Users requesting or accepting services from Nest Cleaning are aware that Nest Cleaning is unable to provide mitigation services related, but not limited to fire, flood, mold, pest, odor and other related damages to homes and buildings. Any decision by a user to accept services is a decision made in the user’s sole discretion.

PLATFORM

As a MARKETPLACE PLATFORM (booking agency) individuals, families, entities, and companies (“clients”, “customers”, or “users”) seeking home services can be matched through us with individuals, companies, or entities offering cleaning home services (“cleaning professionals” or “cleaning service providers”).

Clients and cleaning service providers can create an account in our website that enables access to the Nest Cleaning Platform. For purposes of this Agreement, the services provided by cleaning professionals to clients that are matched through the Platform shall be referred to collectively as the “Services,” “jobs,” “bookings,” or

“Home Services”.

All and any Users requesting or accepting services from Nest Cleaning are aware that Kleen Point, Inc. Dba Nest Cleaning, understand and agree that whenever Nest Cleaning acts as an agency, we are  not a party to agreements entered into between customers and providers. Kleen Point, Inc. Dba Nest Cleaning is not an employment agency and therefore has no control over the conduct or suitability of customers and providers to request or execute the cleaning service, and that the satisfactory completion of a cleaning service is solely determined between the parties. It is a condition of use of the services that the parties acknowledge they have complete control over their own conduct and the outcome of the services, and Kleen Point, Inc. Dba Nest Cleaning disclaims all liability in this regard.

We will attempt to match you with service professionals near your area. We do not guarantee that we will be able to match your service needs with a service professional or that there are service professionals in your area that are either capable or willing to complete your service needs.

Although we take steps to examine the credentials and background of our listed service professionals, we make no representations or guarantees regarding the skills or representations of such service professional or the quality of their work if you elect to retain their services. Service Professionals, by offering services through the Site, warrant and represent that they, and their employees, contractors, subcontractors, agents or employees who may perform work for them, are bonded, insured. Kleen Point, Inc. Dba Nest Cleaning may review and verify insurance documents and information provided by Service Professionals either at the request of the Service Professional or at the discretion of Nest Cleaning, but cannot guarantee the accuracy or completeness of any such information, or guarantee that a Service Professional is qualified to perform any given service. It is entirely up to you to evaluate a service professional’s qualifications; Kleen Point, Inc. Dba Nest Cleaning does not endorse or recommend the services of any particular service professional. You are responsible for entering into a direct contract or otherwise reaching an agreement with a service professional. Kleen Point, Inc. Dba Nest Cleaning is not an agent of the service professionals and the service professionals are not employees of Kleen Point, Inc. Dba Nest Cleaning. Kleen Point, Inc. Dba Nest Cleaning shall have no obligations or involvement if any dispute arises between you and the Service Professional. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE PLATFORM, OR BETWEEN REGISTERED USERS OR ANY PLATFORM USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT Kleen Point, Inc. Dba Nest Cleaning  IS UNDER NO OBLIGATION TO BECOME INVOLVED.

SAFETY MEASURES

Site users are responsible for taking safety measures prior to engaging into an agreement with a Cleaning Service Provider. Kleen Point, Inc. Dba Nest Cleaning is not responsible for any safety precautions. Safety precautions include validating users and service providers (customer verifies the cleaning professionals; Cleaning service providers verifies customers) criminal records, certifications, credentials, etc. You are solely responsible for taking reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Cleaning Service Professionals and Service Users.

DISPUTES

Any disputes between you and a professional will be resolved between you and the Cleaning Service Provider directly. YOU HEREBY AGREE TO RELEASE ANY OFFICERS, DIRECTORS, AFFILIATES, MEMBERS, SUCCESSORS, ATTORNEYS, EMPLOYEES, AND AGENTS OF KLEEN POINT, INC DBA NEST CLEANING AND FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.

Cleaning Service Providers Relationship

As a cleaning service provider on the Nest Cleaning Platform, you acknowledge and agree that you and Nest Cleaning are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties.

As a Cleaning Service Provider you and Nest Cleaning, expressly agree with the following:

(1) Nest Cleaning can review applications, conduct interviews, and undertake other checks of you or your company before approving your request to become an approved Nest Cleaning Service Provider;

(2) This is not an employment agreement and does not create an employment relationship between you and Nest Cleaning;

(3) No joint venture, franchisor-franchisee, or partnership relationship is intended or created by this Agreement. You have no authority to bind Kleen Point, Inc Dba Nest Cleaning and you agree not to hold yourself out as an employee, agent, or an authorized representative of Kleen Point, Inc Dba Nest Cleaning.

Kleen Point, Inc Dba Nest Cleaning does not, and shall not be deemed to, direct or control you generally or in your performance under this agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your service supplies. You retain the sole right to determine when, where, and for how long you will utilize the Nest Cleaning Platform. You retain the option to accept or to decline or ignore a user’s request for Services, or to cancel an accepted request for Services via the Platform, subject to Nest Cleaning’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Nest Cleaning shall have no right to require you to:

display Nest Cleaning names, logos or colors on your vehicle(s);

or

Wear a uniform or any other clothing displaying Nest Cleaning names, logos or colors. The usage by the provider of Nest Cleaning logos, badges, clothing, colors, is a free, non-mandatory, and not-required choice voluntarily made by the Cleaning Service Provider. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.

As a Provider, you bear all of your own expenses that are incurred in performing Services. You acknowledge and agree that you are responsible for and will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.

Recruitment

Professional house cleaners working with Nest Cleaning, Inc have agreed, in writing that they or their family and friends will not accept direct employment from any Customer of Nest Cleaning (Kleen Point, Inc) except for tips given at the time of the service. This agreement is in full force and effective during the time that professional house cleaners are working with Nest Cleaning, Inc and for a period of one year after the termination of their agreement with Nest Cleaning. Given this, we respectfully ask that you do not directly solicit or engage the service of any professional house cleaner, except through Nest Cleaning.

If you prefer hiring a current or former employee a $1,500.00 referral fee will be charged to you. Once the client has paid the referral fee, Nest Cleaning, Inc will no longer be responsible for monitoring or managing the professional house cleaner, including, but not limited to information security, scheduling, government taxes, quality of services, and any other act pertaining to the daily work duties of the cleaning professional.

Modifications to the Agreement

Kleen Point, Inc Dba Nest Cleaning reserves the right to modify any information referenced in the hyperlinks from this Agreement. Such modifications shall become effective upon posting. Continued use of the Nest Cleaning platform, website, or Services after any such changes shall constitute your consent to such changes.

Right of Service Refusal

Kleen Point, Inc Dba Nest Cleaning reserves the right to refuse service to anyone for any reason. These reasons include, but are not limited, to the following:

Not being able to gain entry to a home;

Lack of power/ electricity,

Lack of functioning air conditioning or heating;

Frequent cancellations or schedule changes;

Improper or dishonest booking;

Project out of scope of the original booking;

Wrong booking information regarding the number bedrooms, bathrooms or total home square footage (even if we’re not cleaning them);

Being rude or disrespectful to our staff;

Providing incorrect or non-functioning billing information.

Usage of Phones and Other Communication Devices

Nest Cleaning relies heavily on open communication with our cleaning teams to provide excellent service. That means they may need to be on their phones taking calls, texting or taking photographs while cleaning. These communications are crucial to maintaining a high-quality service and something we encourage.

We understand some customers prefer teams to stay off their phones while cleaning. However, some calls, text, and photos may be required or needed to maintain quality.

Appointment Confirmations

Once a booking has been processed online, it must be manually confirmed. If Nest Cleaning  cannot confirm an appointment, the appointment may be canceled. At which time the Requestor will receive a cancellation notice. An open time slot on NestCleaning.com does not guarantee we will be available and/or that the job/service will be confirmed.

Any confirmation emails that a user may have received is subject to change. Meaning, an appointment that was once confirmed can become unconfirmed depending on some unforeseen circumstances, natural disasters and our discretion. Kleen Point, Inc Dba Nest Cleaning is not bound to perform a service even if the service has been confirmed.

Guarantee, Insurance, and/or Refunds

The Nest Cleaning 100% Guarantee hereby referred to as “Guarantee,” signifies that if you are not satisfied with the quality of the Service provided by Nest Cleaning Services, Nest Cleaning will send a provider to correct areas of the original service that were missed/overlooked at no additional charge to the Requester, provided the claim was made by the requester within 24 hours from the time when the home cleaning service was rendered.

It also means that if a client’s item, valuable, or property was accidentally damaged during the cleaning, the cleaning service provider will repair or replace the damaged item.

Eligibility for our guarantee, claims, and/or refunds

The Requester is eligible for the Guarantee provided the Requester reports the issue within twenty-four (24) hours of the Service appointment. For Recurring Services, each Service is treated as a separate occurrence.

Insurance Coverage, Claims, and Payment for property or valuable damage

Whenever Kleen Point , Inc Dba Nest Cleaning is the direct service provider and

a personal item or property is accidentally damaged during and because of our cleaning service exceeds $200.00 (two hundred dollars) we will file an insurance claim. If you carry insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”), you agree that your Personal Insurance is primary and the Nest Cleaning  liability insurance is secondary. The Nest Cleaning Guarantee and insurance will only compensate for losses to the extent not otherwise covered by your Personal Insurance. Our Insurance policy terms supersede the terms of this service policy on items related to property damage, personal injuries, or any claim of loss related to the performance of our service.

Whenever a cleaning service provider booked through Nest Cleaning, executes the cleaning service and he Customer suffers loss or damage to their property and attributes the loss or damage to a Provider(s), the Parties should try to resolve between themselves, which Nest Cleaning may facilitate. Nest Cleaning will initiate a claims procedure if the loss or damage is reported to us and may take further action including reporting the matter to the police.

The absolute limit on any damage claim that we accept on behalf of the Provider(s) is $50.00 (fifty dollars).

Coverage under the Nest Cleaning and its cleaning services providers Guarantee .

A home cleaning service user will be covered under our guarantee for every service, provided the following are true:

Your Booking does not violate this term of service and service policy;

The Requester has reported the claim within 24 hours of the Service;

The Requester’s account with Nest Cleaning, Inc is in good standing with no outstanding balances owed to Nest Cleaning Services, LLC;

Nest Cleaning, Inc was able to gain entry to the service location during the scheduled time of the service;

There was available source of power or electricity at the service location during the scheduled time of the service;

There was air conditioning or heating at the service location during the scheduled time of the service;

There’s available source of water at the service location during the scheduled time of the service;

Requester accurately provided the size of the property being serviced.

Requester disclosed, prior to our cleaning service execution, the need for mold, construction repair, or any form of remediation, or other services beyond Nest Cleaning, Inc scope of service and ability. Services Nest Cleaning, Inc can not and will not perform are outlined on the following page: https://www.nestcleaning.com/standard-cleaning/.

Nest Cleaning and its cleaning service providers Replacement Guarantee and Insurance Policy does not cover the following:

Losses arising from negligence of a Requester or third party;

Losses from pre-existing damages or conditions of the item or property;

Losses arising from flooding and/or water damage due to clogged or defective, or mal functioning of appliances, faucets, tubs, toilets where the home cleaning service was provided.

Losses based on sentimental and/or undocumented intangible value;

Losses of pets that escaped or run away during the cleaning service;

And losses with insufficient documentation.

Claims Submission
Issues can be reported by email at info@NestCleaning.com. Depending on the nature of the claim, Nest Cleaning, Incmay ask for additional information. For a claim to be considered “reported” all requested information such as police reports, photos, security footage, and/or other requested information must be submitted within seventy-two (72) hours or the original contact (claim phone call or email) and considered satisfactory evidence to the claim.

If Nest Cleaning, Increquires additional information/evidence, for a claim to be considered “reported.” All requested information such as police reports, photos, security footage, and/or other relevant information must be submitted within seventy-two (72) hours of the original request from Nest Cleaning Services, LLC. The provided information/evidence must be considered satisfactory to the claim.

Nest Cleaning, Incwill inform the Requester if/when additional information is needed to process a claim within twenty-four (24) business hours.

After a claim has been reported additional information may be required. If additional information is required, Nest Cleaning, Increquires communication with the Requester. A failure to communicate with Nest Cleaning, Incand/or ability to provide needed information or evidence may result in Nest Cleaning, Incnot being able to process a claim.

Payments and charges for services rendered

As a Requester, you agree to pay the amounts charged for your use of the Nest Cleaning Services (“Charges”). Charges include the cost for Services and other applicable fees, surcharges, and taxes as set forth by Nest Cleaning Booking Page available at https://www.nestcleaning.com/booking, plus any tips to the Provider you elect to pay.

Nest Cleaning reserves the right to determine and modify pricing by posting applicable pricing terms to the Nest Cleaning  booking page. Pricing may vary based on the type of service requested (e.g., standard cleaning, move-in move out cleaning, etc) as described on Nest Cleaning Services’s booking page. You’re responsible for reviewing the applicable booking page and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.

Bill and Due Dates
Payments are due at the day of service. A hold may be placed on the card Nest Cleaning, Inc has on file for the account the business day PRIOR to the service. The card will be charged after the service has been completed for the final amount. This will include any tips, extras, or additional fees that may have been adding during the time of the service.

Pricing
Our pricing consists of a standard charge based on the details of a home and requested home service and add-on charges based on additional extra services selected by the Requester.

Quoted Home Service Fees
Nest Cleaning  may quote you a service fee at the time of your request. The quote is subject to change depending on the overall condition of your home and subject to the confirmation that correct home details were provided by the Requester during the booking. If during your home service you change your requested services or we confirm that the home details as provided by the Requester are incorrect or false, we may cancel the service and/or charge an adjusted home service fee based on the true details of the home and the conditions in the home. Nest Cleaning does not guarantee that the quoted service price will not change, especially when details or conditions of the home were not represented accurately or fully by the Requester when the booking for the Service occurred.

Cancellation Fees

Nest Cleaning reserves the right charge a cancellation fee of $60 for late cancellations. A cancellation will be considered late if the service is canceled later than 48 hours before an appointment. Cancellation fees may be charged for other reasons including not being able to get into the building for the service or not being able to contact the original person who booked the appointment. In cases where we aren’t able to perform that service at the fault of the Requester, a cancellation fee will always be charged.

No Waiver

No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Service Policy shall operate or be construed as a waiver thereof.

Governing Law

Any claim relating to Nest Cleaning website, or services shall be governed by the laws of the Pasco County and the State of Florida without regard to its conflict of law provisions.

Contact

If you have any questions regarding this policy, claims, or our website, please contact us by email to:

info@NestCleaning.com