Terms of Service
1. Definitions
1.1. “Cierve ” means Cierve LLC.
1.2. “Assistant” means the person or firm carrying out services on behalf of the Cierve.
1.3. “Client” means the person, firm or corporate entity, together with any subsidiary or associated company to whom the services are supplied by Cierve.
1.4. “Service” means the services carried out on behalf of Cierve.
1.5. “Premises” means the address and location provided by Client for the Assistant to carry out the Service.
1.6. “Service Session” means the visit to Client’s service address by the Assistant in order to carry out the Service.
2. Contract
2.1. These Terms and Conditions represent a contract between Cierve and Client.
2.2. Client agrees that any use of Cierve ’s services, including placing an order for services by telephone, text, email, mobile application, or website shall constitute the Client’s acceptance of these Terms and Conditions.
2.3. Unless otherwise agreed in writing, these Terms and Conditions shall prevail over any other terms of business, or purchase conditions put forward by Client.
2.4. No variation or alteration of these Terms and Conditions shall be valid unless approved in writing by a senior executive of Cierve.
2.5. Cierve operates with a minimum charge of 1 hour per Service Session.
3. Payment
3.1. All work carried out by Cierve at Client’s request, whether experimental or otherwise, will be charged accordingly. Any work undertaken by Cierve on behalf of Client is carried out on the basis that Client has fully approved such work, whether or not we have received an official order, providing there is written or verbal confirmation to proceed, including phone, text, letter, facsimile, instant message, or email correspondence between the parties.
3.2. Payments of fees rendered are due within the dates stated on the invoice and shall be changed to the credit card on file.
3.3. Interest may be applied to any overdue accounts at a rate of 1.5% per month. Where payment has not been received, we reserve the right to suspend services, and have the right to cease to work on Client, and to terminate the subscription if payments are unduly delayed.
3.4. Any expenses incurred whilst working on behalf of Client will be charged and appropriate records will be kept and will be available for inspection. Such expenses may include the use of meeting rooms and other facilities, internal printing, courier charges, and international but not national telephone calls.
3.5. Unless otherwise expressly stated, all prices are in US Dollars, and all payments must be made in US Dollars from a US-based bank, or US-based credit card.
3.6. After the initial payment, Client’s credit card shall be charged on or about the scheduled date of service, and prior to the Service Session.
3.7. If credit card payment is declined, and Client cannot make alternative payment arrangements, Cierve may cancel the Service Session. However, Client is still obligated to pay the full price of the Service Session for cancelations less than 24 hours in advance, as stated in Section 6.1.
3.8. All pricing is subject to change at any time at Cierve’s sole discretion.
4. Task List
4.1. We shall provide Client a task list on request, or ask Client to provide a list of priorities for the Assistant. This allows the Assistant to work through the tasks in order of priority, within the allotted time. Any tasks not completed in the allotted time will be addressed on the next Service Session, in order of priority and up to the allotted time.
5. Refunds
5.1. No refund claims will be given once the service has been carried out. If for any reason Client is dissatisfied with any aspect of the Service, they must notify Cierve within 24 hours and Cierve management will review.
5.2. Refund will be issued only if Client has cancelled a Service Session within the allowed time (not less than 24 hours) prior to the start of the Service Session, and only if Assistant has not attended a Service Session, and the payment has already been received by Cierve.
6. Cancellation or Rescheduling of Service Session
6.1. Client agrees to pay the full price of the Service Session, if: a) Client cancels or changes the date/time less than 24 hours prior to the scheduled appointment; b) Client fails to provide access to the service premises thus preventing Cierve to carry out the scheduled work.
6.2. Service Sessions are scheduled based on the same recurring day(s)/time each week. If Client needs to change a Service Session day or time Cierve will do its best to accommodate them. A minimum of 24 hours notice is required.
6.3. Please note that Cierve cannot guarantee that the same Assistant will be available on the new day and at the time Client requires. Any changes in the service schedule are subject to availability .
6.4. Cierve Assistants are normally scheduled Monday through Friday, excluding major holidays. If Client’s Service Session is due on a major holiday, Cierve will contact Client to consider alternatives. Upon special request, Cierve may be able to accommodate Service Sessions on major holidays, and that may be subject to an additional fee.
7. Termination
7.1. Client may terminate this contract by giving seven (7) days prior notice in writing once the initial Service Session has been completed.
7.2. If Client wishes to terminate the contract in less than seven (7) days notice, the next scheduled service will be charged.
7.3. Client agrees to pay a cancellation fee equivalent to their last Service Session if: 1) No notice is given; 2) Client provides a termination of notice less than seven (7) days
8. Accidents, Breakage, Damage
8.1. Client must inform Cierve of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Assistant in writing, and within 24 hours of completion of the Service.
8.2. Client agrees that due to the nature of the service Client is not entitled to claim any loss for any incident if the incident is not reported to Cierve within 24 hours of completion of the Service.
8.3. While the Assistants make every effort not to cause any damage of any kind to Client’s property, accidents do happen. Identical replacement is always attempted but not guaranteed. For this specific reason, Cierve requests all irreplaceable items (whether monetarily or sentimentally valuable) be stored away and /or not provided access to such items by Assistants.
8.4. In case of damage, Cierve will repair the item at its cost. If the item cannot be repaired Cierve will rectify the problem by crediting the customer with the item’s present actual cash value toward a like replacement upon payment of all services rendered.
8.5. Cierve shall not be responsible for damage due to faulty and/or improper installation of any item.
9. Liability
9.1. Cierve shall not be liable under any circumstances for any loss, expense, damage, delay, costs, or compensation (whether direct, indirect, or consequential) which may be suffered or incurred by Client arising from or in any way connected with a late arrival of Cierve Assistants at the service address. Cierve endeavors to be right on time on any visit but sometimes due to transport related and other problems which are beyond Cierve ’s control, Cierve Assistant’s may arrive with a delay or the Service Session may be re-scheduled.
10. Force Majeure
10.1. Cierve will not be liable for any delay in performing, or any failure to perform any obligation under this Agreement due to any cause beyond its reasonable control including, but without being limited to, any of the following: the services of Cierve’s staff member no longer being available for any reason; strikes, lock‑outs or other industrial action; sabotage, terrorism, civil commotion, riot, political riot or disturbance, invasion, war, threat or preparation for war; fire, explosion, storm, flood, hurricane, epidemic or natural physical disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and any act of any state or Government or other authority having jurisdiction over either Party.
11. Indemnification
11.1. Notwithstanding any provisions in this Agreement and whilst Cierve warrants that it shall use its best endeavors to ensure that the work is of the highest standard, no warranty can be given by Sam’s Cleaning and Hauling in respect of the work and accordingly the Client hereby agrees to waive all claims for any harm or loss, including consequential losses, which it may substantially have against Cierve, its employees, Assistants, mandatories and other persons connected in some way to such work, such claims having arisen from any cause whatsoever.
11.2. All legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Cierve in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal and including any action taken for the recovery of a debt from the Client).
12. Intellectual Property
12.1. All copyright, title and interest in any document produced or process designed or devised by Cierve or its Assistants in the course of this Agreement shall remain vested in Cierve.
13. Variations or Amendments
13.1. No variation or amendment of the terms and provisions of this Agreement shall have any force or effect unless same are reduced to writing and such amending document is signed by the parties.
13.2. Cierve reserves the right to update or modify these terms and conditions at any time without prior notice, and may do so by publishing an updated agreement on its website. Each updated agreement will take effect 24 hours after it has been published on the website.
13.3. The Client agrees that any use of the Service following any such change, whether as a single job or as part of a regular schedule, constitutes their agreement to follow and be bound by the terms and conditions as changed.
14. Health and Safety Risks
14.1. In addition to the obligations and warranties , the Client acknowledges and agrees that:
14.1.1. The Assistant is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk;
14.1.2. The Assistant may, either before or during the provision of the Service not use or cease using any materials or equipment provided by the Client if the Assistant thinks, in their absolute discretion, that the use of such materials or equipment poses a risk to health and safety.
14.1.3. The Assistant may, either before or during the provision of the Service not provide or cease the provision of the Service where carrying out the Service presents, in the absolute discretion of the Assistant, a risk to health and safety.
15. Breach
15.1. Should either party be in breach of any provision of this Agreement the aggrieved party shall by written notice give the offending party 14 working days in which to remedy the cause for complaint failing which the aggrieved party shall have the right to:
15.1.1. Grant the offending party further time to remedy the cause for complaint;
15.1.2. Apply to the Court for an order demanding specific performance with or without damages;
15.1.3. Cancel this Agreement and sue for damages.
16. Limitation of Liability
In circumstances where the Client is entitled to recover damages from Cierve (including fundamental breach, negligence, misrepresentation, or other contractual or delictual claim), Cierve is liable for no more than the amount of actual, direct damages up to the total of the amounts paid by the Client under this Agreement in the current calendar year.
16.1. Neither Party will be liable for any indirect or consequential damages or losses of whatsoever nature.
16.2. Information provided by Cierve to the Client during the Project will be for the Client’s use only. Cierve will not be liable for any loss suffered by any third party who is supplied with such information contrary to this provision and relies on it.
16.3. The Parties agree that Cierve’s obligations will cease upon delivery of the last agreed Service, and that no direct or indirect liability will rest upon it for the effects of any product or process that may be produced by the Client and any other party, notwithstanding that the formulation of such product or process may be based on the results of the Service.
17. Client Representations and Warranties
The Client represents and warrants that:
17.1. it will provide a safe working environment at the Premises for the Assistant to perform the Service;
17.2. the Assistant will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
17.3. all Cierve’s equipment and materials remain the property of Cierve.
17.4. all equipment provided by the Client is safe, has not been tampered with and are in full working order;
17.5. it will advise Cierve prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers at the Premises;
17.6. it is authorized to use the Premises and obtain the provision of Service;
17.7. will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewelry, works of art, antiques, or items of sentimental value prior to the commencement of the Service.
18. Non-Solicitation
18.1. The Client acknowledges Cierve invests significant resources in finding, screening, recruiting, interviewing, selecting, checking references, hiring and training its Assistants. Our Assistants also sign an agreement with Cierve barring them from performing any service for any of our past or present customers. This approach helps safeguard our business and allows us to provide only the best staff to our deserving customers. Unless Cierve gives prior written permission, the Client must not, directly or indirectly, engage, employ or contract with any Assistant, employee, or contractor of Cierve to provide services to the Client or any associate of the Client for any period during which services are provided by Cierve, or for a period within twelve (12) months after the conclusion of any Service delivered by Cierve.
18.2. The Client acknowledges that Cierve may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Client.
18.3. Client will be charged and agrees to pay a fee the greater of $50,000, or one-year salary for each breach of this section by the Client. We consider our Assistants, employees and contractors our most valuable assets and this fee does not even cover the potential damage to our business.
18.4. Solicitation of a Cierve Assistant, employee, or contractor for private hire of any kind will result in permanent termination of Service and forfeiture of any prepaid services, unused gift cards, as well as the fee stated in the prior section. This does not preclude Cierve from seeking other solicitation-related damages
19. General Terms
19.1. Cierve shall endeavor to arrange a replacement Assistant if Client’s regular Assistant cannot attend a scheduled visit for any reason (illness, vacation, jury duty, etc.), and will inform Client prior to the visit.
19.2. The parties shall act with the utmost good faith between each other in all matters concerning this Agreement and the parties shall use their best endeavors to ensure that the objectives of this Agreement are met and realized.
1. Definitions
1.1. “Cierve ” means Cierve LLC.
1.2. “Assistant” means the person or firm carrying out services on behalf of the Cierve.
1.3. “Client” means the person, firm or corporate entity, together with any subsidiary or associated company to whom the services are supplied by Cierve.
1.4. “Service” means the services carried out on behalf of Cierve.
1.5. “Premises” means the address and location provided by Client for the Assistant to carry out the Service.
1.6. “Service Session” means the visit to Client’s service address by the Assistant in order to carry out the Service.
2. Contract
2.1. These Terms and Conditions represent a contract between Cierve and Client.
2.2. Client agrees that any use of Cierve ’s services, including placing an order for services by telephone, text, email, mobile application, or website shall constitute the Client’s acceptance of these Terms and Conditions.
2.3. Unless otherwise agreed in writing, these Terms and Conditions shall prevail over any other terms of business, or purchase conditions put forward by Client.
2.4. No variation or alteration of these Terms and Conditions shall be valid unless approved in writing by a senior executive of Cierve.
2.5. Cierve operates with a minimum charge of 1 hour per Service Session.
3. Payment
3.1. All work carried out by Cierve at Client’s request, whether experimental or otherwise, will be charged accordingly. Any work undertaken by Cierve on behalf of Client is carried out on the basis that Client has fully approved such work, whether or not we have received an official order, providing there is written or verbal confirmation to proceed, including phone, text, letter, facsimile, instant message, or email correspondence between the parties.
3.2. Payments of fees rendered are due within the dates stated on the invoice and shall be changed to the credit card on file.
3.3. Interest may be applied to any overdue accounts at a rate of 1.5% per month. Where payment has not been received, we reserve the right to suspend services, and have the right to cease to work on Client, and to terminate the subscription if payments are unduly delayed.
3.4. Any expenses incurred whilst working on behalf of Client will be charged and appropriate records will be kept and will be available for inspection. Such expenses may include the use of meeting rooms and other facilities, internal printing, courier charges, and international but not national telephone calls.
3.5. Unless otherwise expressly stated, all prices are in US Dollars, and all payments must be made in US Dollars from a US-based bank, or US-based credit card.
3.6. After the initial payment, Client’s credit card shall be charged on or about the scheduled date of service, and prior to the Service Session.
3.7. If credit card payment is declined, and Client cannot make alternative payment arrangements, Cierve may cancel the Service Session. However, Client is still obligated to pay the full price of the Service Session for cancelations less than 24 hours in advance, as stated in Section 6.1.
3.8. All pricing is subject to change at any time at Cierve’s sole discretion.
4. Task List
4.1. We shall provide Client a task list on request, or ask Client to provide a list of priorities for the Assistant. This allows the Assistant to work through the tasks in order of priority, within the allotted time. Any tasks not completed in the allotted time will be addressed on the next Service Session, in order of priority and up to the allotted time.
5. Refunds
5.1. No refund claims will be given once the service has been carried out. If for any reason Client is dissatisfied with any aspect of the Service, they must notify Cierve within 24 hours and Cierve management will review.
5.2. Refund will be issued only if Client has cancelled a Service Session within the allowed time (not less than 24 hours) prior to the start of the Service Session, and only if Assistant has not attended a Service Session, and the payment has already been received by Cierve.
6. Cancellation or Rescheduling of Service Session
6.1. Client agrees to pay the full price of the Service Session, if: a) Client cancels or changes the date/time less than 24 hours prior to the scheduled appointment; b) Client fails to provide access to the service premises thus preventing Cierve to carry out the scheduled work.
6.2. Service Sessions are scheduled based on the same recurring day(s)/time each week. If Client needs to change a Service Session day or time Cierve will do its best to accommodate them. A minimum of 24 hours notice is required.
6.3. Please note that Cierve cannot guarantee that the same Assistant will be available on the new day and at the time Client requires. Any changes in the service schedule are subject to availability .
6.4. Cierve Assistants are normally scheduled Monday through Friday, excluding major holidays. If Client’s Service Session is due on a major holiday, Cierve will contact Client to consider alternatives. Upon special request, Cierve may be able to accommodate Service Sessions on major holidays, and that may be subject to an additional fee.
7. Termination
7.1. Client may terminate this contract by giving seven (7) days prior notice in writing once the initial Service Session has been completed.
7.2. If Client wishes to terminate the contract in less than seven (7) days notice, the next scheduled service will be charged.
7.3. Client agrees to pay a cancellation fee equivalent to their last Service Session if: 1) No notice is given; 2) Client provides a termination of notice less than seven (7) days
8. Accidents, Breakage, Damage
8.1. Client must inform Cierve of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Assistant in writing, and within 24 hours of completion of the Service.
8.2. Client agrees that due to the nature of the service Client is not entitled to claim any loss for any incident if the incident is not reported to Cierve within 24 hours of completion of the Service.
8.3. While the Assistants make every effort not to cause any damage of any kind to Client’s property, accidents do happen. Identical replacement is always attempted but not guaranteed. For this specific reason, Cierve requests all irreplaceable items (whether monetarily or sentimentally valuable) be stored away and /or not provided access to such items by Assistants.
8.4. In case of damage, Cierve will repair the item at its cost. If the item cannot be repaired Cierve will rectify the problem by crediting the customer with the item’s present actual cash value toward a like replacement upon payment of all services rendered.
8.5. Cierve shall not be responsible for damage due to faulty and/or improper installation of any item.
9. Liability
9.1. Cierve shall not be liable under any circumstances for any loss, expense, damage, delay, costs, or compensation (whether direct, indirect, or consequential) which may be suffered or incurred by Client arising from or in any way connected with a late arrival of Cierve Assistants at the service address. Cierve endeavors to be right on time on any visit but sometimes due to transport related and other problems which are beyond Cierve ’s control, Cierve Assistant’s may arrive with a delay or the Service Session may be re-scheduled.
10. Force Majeure
10.1. Cierve will not be liable for any delay in performing, or any failure to perform any obligation under this Agreement due to any cause beyond its reasonable control including, but without being limited to, any of the following: the services of Cierve’s staff member no longer being available for any reason; strikes, lock‑outs or other industrial action; sabotage, terrorism, civil commotion, riot, political riot or disturbance, invasion, war, threat or preparation for war; fire, explosion, storm, flood, hurricane, epidemic or natural physical disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and any act of any state or Government or other authority having jurisdiction over either Party.
11. Indemnification
11.1. Notwithstanding any provisions in this Agreement and whilst Cierve warrants that it shall use its best endeavors to ensure that the work is of the highest standard, no warranty can be given by Sam’s Cleaning and Hauling in respect of the work and accordingly the Client hereby agrees to waive all claims for any harm or loss, including consequential losses, which it may substantially have against Cierve, its employees, Assistants, mandatories and other persons connected in some way to such work, such claims having arisen from any cause whatsoever.
11.2. All legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Cierve in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal and including any action taken for the recovery of a debt from the Client).
12. Intellectual Property
12.1. All copyright, title and interest in any document produced or process designed or devised by Cierve or its Assistants in the course of this Agreement shall remain vested in Cierve.
13. Variations or Amendments
13.1. No variation or amendment of the terms and provisions of this Agreement shall have any force or effect unless same are reduced to writing and such amending document is signed by the parties.
13.2. Cierve reserves the right to update or modify these terms and conditions at any time without prior notice, and may do so by publishing an updated agreement on its website. Each updated agreement will take effect 24 hours after it has been published on the website.
13.3. The Client agrees that any use of the Service following any such change, whether as a single job or as part of a regular schedule, constitutes their agreement to follow and be bound by the terms and conditions as changed.
14. Health and Safety Risks
14.1. In addition to the obligations and warranties , the Client acknowledges and agrees that:
14.1.1. The Assistant is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk;
14.1.2. The Assistant may, either before or during the provision of the Service not use or cease using any materials or equipment provided by the Client if the Assistant thinks, in their absolute discretion, that the use of such materials or equipment poses a risk to health and safety.
14.1.3. The Assistant may, either before or during the provision of the Service not provide or cease the provision of the Service where carrying out the Service presents, in the absolute discretion of the Assistant, a risk to health and safety.
15. Breach
15.1. Should either party be in breach of any provision of this Agreement the aggrieved party shall by written notice give the offending party 14 working days in which to remedy the cause for complaint failing which the aggrieved party shall have the right to:
15.1.1. Grant the offending party further time to remedy the cause for complaint;
15.1.2. Apply to the Court for an order demanding specific performance with or without damages;
15.1.3. Cancel this Agreement and sue for damages.
16. Limitation of Liability
In circumstances where the Client is entitled to recover damages from Cierve (including fundamental breach, negligence, misrepresentation, or other contractual or delictual claim), Cierve is liable for no more than the amount of actual, direct damages up to the total of the amounts paid by the Client under this Agreement in the current calendar year.
16.1. Neither Party will be liable for any indirect or consequential damages or losses of whatsoever nature.
16.2. Information provided by Cierve to the Client during the Project will be for the Client’s use only. Cierve will not be liable for any loss suffered by any third party who is supplied with such information contrary to this provision and relies on it.
16.3. The Parties agree that Cierve’s obligations will cease upon delivery of the last agreed Service, and that no direct or indirect liability will rest upon it for the effects of any product or process that may be produced by the Client and any other party, notwithstanding that the formulation of such product or process may be based on the results of the Service.
17. Client Representations and Warranties
The Client represents and warrants that:
17.1. it will provide a safe working environment at the Premises for the Assistant to perform the Service;
17.2. the Assistant will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
17.3. all Cierve’s equipment and materials remain the property of Cierve.
17.4. all equipment provided by the Client is safe, has not been tampered with and are in full working order;
17.5. it will advise Cierve prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers at the Premises;
17.6. it is authorized to use the Premises and obtain the provision of Service;
17.7. will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewelry, works of art, antiques, or items of sentimental value prior to the commencement of the Service.
18. Non-Solicitation
18.1. The Client acknowledges Cierve invests significant resources in finding, screening, recruiting, interviewing, selecting, checking references, hiring and training its Assistants. Our Assistants also sign an agreement with Cierve barring them from performing any service for any of our past or present customers. This approach helps safeguard our business and allows us to provide only the best staff to our deserving customers. Unless Cierve gives prior written permission, the Client must not, directly or indirectly, engage, employ or contract with any Assistant, employee, or contractor of Cierve to provide services to the Client or any associate of the Client for any period during which services are provided by Cierve, or for a period within twelve (12) months after the conclusion of any Service delivered by Cierve.
18.2. The Client acknowledges that Cierve may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Client.
18.3. Client will be charged and agrees to pay a fee the greater of $50,000, or one-year salary for each breach of this section by the Client. We consider our Assistants, employees and contractors our most valuable assets and this fee does not even cover the potential damage to our business.
18.4. Solicitation of a Cierve Assistant, employee, or contractor for private hire of any kind will result in permanent termination of Service and forfeiture of any prepaid services, unused gift cards, as well as the fee stated in the prior section. This does not preclude Cierve from seeking other solicitation-related damages
19. General Terms
19.1. Cierve shall endeavor to arrange a replacement Assistant if Client’s regular Assistant cannot attend a scheduled visit for any reason (illness, vacation, jury duty, etc.), and will inform Client prior to the visit.
19.2. The parties shall act with the utmost good faith between each other in all matters concerning this Agreement and the parties shall use their best endeavors to ensure that the objectives of this Agreement are met and realized.
1. Definitions
1.1. “Cierve ” means Cierve LLC.
1.2. “Assistant” means the person or firm carrying out services on behalf of the Cierve.
1.3. “Client” means the person, firm or corporate entity, together with any subsidiary or associated company to whom the services are supplied by Cierve.
1.4. “Service” means the services carried out on behalf of Cierve.
1.5. “Premises” means the address and location provided by Client for the Assistant to carry out the Service.
1.6. “Service Session” means the visit to Client’s service address by the Assistant in order to carry out the Service.
2. Contract
2.1. These Terms and Conditions represent a contract between Cierve and Client.
2.2. Client agrees that any use of Cierve ’s services, including placing an order for services by telephone, text, email, mobile application, or website shall constitute the Client’s acceptance of these Terms and Conditions.
2.3. Unless otherwise agreed in writing, these Terms and Conditions shall prevail over any other terms of business, or purchase conditions put forward by Client.
2.4. No variation or alteration of these Terms and Conditions shall be valid unless approved in writing by a senior executive of Cierve.
2.5. Cierve operates with a minimum charge of 1 hour per Service Session.
3. Payment
3.1. All work carried out by Cierve at Client’s request, whether experimental or otherwise, will be charged accordingly. Any work undertaken by Cierve on behalf of Client is carried out on the basis that Client has fully approved such work, whether or not we have received an official order, providing there is written or verbal confirmation to proceed, including phone, text, letter, facsimile, instant message, or email correspondence between the parties.
3.2. Payments of fees rendered are due within the dates stated on the invoice and shall be changed to the credit card on file.
3.3. Interest may be applied to any overdue accounts at a rate of 1.5% per month. Where payment has not been received, we reserve the right to suspend services, and have the right to cease to work on Client, and to terminate the subscription if payments are unduly delayed.
3.4. Any expenses incurred whilst working on behalf of Client will be charged and appropriate records will be kept and will be available for inspection. Such expenses may include the use of meeting rooms and other facilities, internal printing, courier charges, and international but not national telephone calls.
3.5. Unless otherwise expressly stated, all prices are in US Dollars, and all payments must be made in US Dollars from a US-based bank, or US-based credit card.
3.6. After the initial payment, Client’s credit card shall be charged on or about the scheduled date of service, and prior to the Service Session.
3.7. If credit card payment is declined, and Client cannot make alternative payment arrangements, Cierve may cancel the Service Session. However, Client is still obligated to pay the full price of the Service Session for cancelations less than 24 hours in advance, as stated in Section 6.1.
3.8. All pricing is subject to change at any time at Cierve’s sole discretion.
4. Task List
4.1. We shall provide Client a task list on request, or ask Client to provide a list of priorities for the Assistant. This allows the Assistant to work through the tasks in order of priority, within the allotted time. Any tasks not completed in the allotted time will be addressed on the next Service Session, in order of priority and up to the allotted time.
5. Refunds
5.1. No refund claims will be given once the service has been carried out. If for any reason Client is dissatisfied with any aspect of the Service, they must notify Cierve within 24 hours and Cierve management will review.
5.2. Refund will be issued only if Client has cancelled a Service Session within the allowed time (not less than 24 hours) prior to the start of the Service Session, and only if Assistant has not attended a Service Session, and the payment has already been received by Cierve.
6. Cancellation or Rescheduling of Service Session
6.1. Client agrees to pay the full price of the Service Session, if: a) Client cancels or changes the date/time less than 24 hours prior to the scheduled appointment; b) Client fails to provide access to the service premises thus preventing Cierve to carry out the scheduled work.
6.2. Service Sessions are scheduled based on the same recurring day(s)/time each week. If Client needs to change a Service Session day or time Cierve will do its best to accommodate them. A minimum of 24 hours notice is required.
6.3. Please note that Cierve cannot guarantee that the same Assistant will be available on the new day and at the time Client requires. Any changes in the service schedule are subject to availability .
6.4. Cierve Assistants are normally scheduled Monday through Friday, excluding major holidays. If Client’s Service Session is due on a major holiday, Cierve will contact Client to consider alternatives. Upon special request, Cierve may be able to accommodate Service Sessions on major holidays, and that may be subject to an additional fee.
7. Termination
7.1. Client may terminate this contract by giving seven (7) days prior notice in writing once the initial Service Session has been completed.
7.2. If Client wishes to terminate the contract in less than seven (7) days notice, the next scheduled service will be charged.
7.3. Client agrees to pay a cancellation fee equivalent to their last Service Session if: 1) No notice is given; 2) Client provides a termination of notice less than seven (7) days
8. Accidents, Breakage, Damage
8.1. Client must inform Cierve of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Assistant in writing, and within 24 hours of completion of the Service.
8.2. Client agrees that due to the nature of the service Client is not entitled to claim any loss for any incident if the incident is not reported to Cierve within 24 hours of completion of the Service.
8.3. While the Assistants make every effort not to cause any damage of any kind to Client’s property, accidents do happen. Identical replacement is always attempted but not guaranteed. For this specific reason, Cierve requests all irreplaceable items (whether monetarily or sentimentally valuable) be stored away and /or not provided access to such items by Assistants.
8.4. In case of damage, Cierve will repair the item at its cost. If the item cannot be repaired Cierve will rectify the problem by crediting the customer with the item’s present actual cash value toward a like replacement upon payment of all services rendered.
8.5. Cierve shall not be responsible for damage due to faulty and/or improper installation of any item.
9. Liability
9.1. Cierve shall not be liable under any circumstances for any loss, expense, damage, delay, costs, or compensation (whether direct, indirect, or consequential) which may be suffered or incurred by Client arising from or in any way connected with a late arrival of Cierve Assistants at the service address. Cierve endeavors to be right on time on any visit but sometimes due to transport related and other problems which are beyond Cierve ’s control, Cierve Assistant’s may arrive with a delay or the Service Session may be re-scheduled.
10. Force Majeure
10.1. Cierve will not be liable for any delay in performing, or any failure to perform any obligation under this Agreement due to any cause beyond its reasonable control including, but without being limited to, any of the following: the services of Cierve’s staff member no longer being available for any reason; strikes, lock‑outs or other industrial action; sabotage, terrorism, civil commotion, riot, political riot or disturbance, invasion, war, threat or preparation for war; fire, explosion, storm, flood, hurricane, epidemic or natural physical disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and any act of any state or Government or other authority having jurisdiction over either Party.
11. Indemnification
11.1. Notwithstanding any provisions in this Agreement and whilst Cierve warrants that it shall use its best endeavors to ensure that the work is of the highest standard, no warranty can be given by Sam’s Cleaning and Hauling in respect of the work and accordingly the Client hereby agrees to waive all claims for any harm or loss, including consequential losses, which it may substantially have against Cierve, its employees, Assistants, mandatories and other persons connected in some way to such work, such claims having arisen from any cause whatsoever.
11.2. All legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Cierve in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal and including any action taken for the recovery of a debt from the Client).
12. Intellectual Property
12.1. All copyright, title and interest in any document produced or process designed or devised by Cierve or its Assistants in the course of this Agreement shall remain vested in Cierve.
13. Variations or Amendments
13.1. No variation or amendment of the terms and provisions of this Agreement shall have any force or effect unless same are reduced to writing and such amending document is signed by the parties.
13.2. Cierve reserves the right to update or modify these terms and conditions at any time without prior notice, and may do so by publishing an updated agreement on its website. Each updated agreement will take effect 24 hours after it has been published on the website.
13.3. The Client agrees that any use of the Service following any such change, whether as a single job or as part of a regular schedule, constitutes their agreement to follow and be bound by the terms and conditions as changed.
14. Health and Safety Risks
14.1. In addition to the obligations and warranties , the Client acknowledges and agrees that:
14.1.1. The Assistant is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk;
14.1.2. The Assistant may, either before or during the provision of the Service not use or cease using any materials or equipment provided by the Client if the Assistant thinks, in their absolute discretion, that the use of such materials or equipment poses a risk to health and safety.
14.1.3. The Assistant may, either before or during the provision of the Service not provide or cease the provision of the Service where carrying out the Service presents, in the absolute discretion of the Assistant, a risk to health and safety.
15. Breach
15.1. Should either party be in breach of any provision of this Agreement the aggrieved party shall by written notice give the offending party 14 working days in which to remedy the cause for complaint failing which the aggrieved party shall have the right to:
15.1.1. Grant the offending party further time to remedy the cause for complaint;
15.1.2. Apply to the Court for an order demanding specific performance with or without damages;
15.1.3. Cancel this Agreement and sue for damages.
16. Limitation of Liability
In circumstances where the Client is entitled to recover damages from Cierve (including fundamental breach, negligence, misrepresentation, or other contractual or delictual claim), Cierve is liable for no more than the amount of actual, direct damages up to the total of the amounts paid by the Client under this Agreement in the current calendar year.
16.1. Neither Party will be liable for any indirect or consequential damages or losses of whatsoever nature.
16.2. Information provided by Cierve to the Client during the Project will be for the Client’s use only. Cierve will not be liable for any loss suffered by any third party who is supplied with such information contrary to this provision and relies on it.
16.3. The Parties agree that Cierve’s obligations will cease upon delivery of the last agreed Service, and that no direct or indirect liability will rest upon it for the effects of any product or process that may be produced by the Client and any other party, notwithstanding that the formulation of such product or process may be based on the results of the Service.
17. Client Representations and Warranties
The Client represents and warrants that:
17.1. it will provide a safe working environment at the Premises for the Assistant to perform the Service;
17.2. the Assistant will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
17.3. all Cierve’s equipment and materials remain the property of Cierve.
17.4. all equipment provided by the Client is safe, has not been tampered with and are in full working order;
17.5. it will advise Cierve prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers at the Premises;
17.6. it is authorized to use the Premises and obtain the provision of Service;
17.7. will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewelry, works of art, antiques, or items of sentimental value prior to the commencement of the Service.
18. Non-Solicitation
18.1. The Client acknowledges Cierve invests significant resources in finding, screening, recruiting, interviewing, selecting, checking references, hiring and training its Assistants. Our Assistants also sign an agreement with Cierve barring them from performing any service for any of our past or present customers. This approach helps safeguard our business and allows us to provide only the best staff to our deserving customers. Unless Cierve gives prior written permission, the Client must not, directly or indirectly, engage, employ or contract with any Assistant, employee, or contractor of Cierve to provide services to the Client or any associate of the Client for any period during which services are provided by Cierve, or for a period within twelve (12) months after the conclusion of any Service delivered by Cierve.
18.2. The Client acknowledges that Cierve may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Client.
18.3. Client will be charged and agrees to pay a fee the greater of $50,000, or one-year salary for each breach of this section by the Client. We consider our Assistants, employees and contractors our most valuable assets and this fee does not even cover the potential damage to our business.
18.4. Solicitation of a Cierve Assistant, employee, or contractor for private hire of any kind will result in permanent termination of Service and forfeiture of any prepaid services, unused gift cards, as well as the fee stated in the prior section. This does not preclude Cierve from seeking other solicitation-related damages
19. General Terms
19.1. Cierve shall endeavor to arrange a replacement Assistant if Client’s regular Assistant cannot attend a scheduled visit for any reason (illness, vacation, jury duty, etc.), and will inform Client prior to the visit.
19.2. The parties shall act with the utmost good faith between each other in all matters concerning this Agreement and the parties shall use their best endeavors to ensure that the objectives of this Agreement are met and realized.
For Business
Contact
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© 2024 Cierve LLC. All rights reserved.
1375 5th Street Suite #244 Sarasota, FL 34236
For Business
Contact
How It Works
© 2024 Cierve LLC. All rights reserved.
1375 5th Street Suite #244 Sarasota, FL 34236
For Business
Contact
How It Works
© 2024 Cierve LLC. All rights reserved.
1375 5th Street Suite #244 Sarasota, FL 34236