(Last Updated September 14, 2021)
1. Overview Legal Contract
2. Our Services
3. Cleaning Supplies and Equipment
4. Cleaning Guarantee
5. Booking for Our Services
6. Order and Service Delivery
7. Price Changes
9. Repeat Infringer Policy
10. Copyrights Complaints
11. Intellectual Property Rights
12. Service Suspension
13. User-Generated Content
14. Cookies notice
15. Third-Party Link
16. User Content and Conduct
18. Cancellation Policy
19. Damages and Responsibility
21. Limitation of Liability
22. Refund Policy
23. Electronic communication
25. No Reliance
26. Legal Disputes
27. No Representative Actions
28. Arbitration of Disputes
29. Governing Law and Jurisdiction
32. Copyright License
33. Contact Us
1.Overview Legal Contract
We are Happy Clean LLC. (“Happy Clean”), and we’re thrilled you’ve decided to use our services, including, but not limited to, our technologies or functions offered on our website and all related sites, applications, customer service team, cleaners, and third-party vendors, all of which we refer to simply as the “Services.”
By using the Services, you state that (a) you form a binding contract with Happy Clean;(b) you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations; and (c) you understand that Happy Clean is protected by relevant trademark and copyright laws.
If you are using the Services on behalf of a business or some other entity, you also state that you are authorized to grant all licenses outlined in these Terms and to agree to these Terms on behalf of the business or entity.
Happy Clean is a Five star rated cleaning company that offers Residential Cleaning, Commercial Cleaning, and Window Cleaning.
Happy Clean LLC agrees to provide you with the Services and you agree to pay the quoted price for the Services unless otherwise agreed to in writing.
3.Cleaning Supplies and Equipment
Happy Clean shall provide all cleaning supplies and cleaning equipment necessary to carry out the service, except if agreed with the client otherwise. We use and provide necessary industry-standard supplies and nearly all equipment required for the services.
The Client must provide running water, electricity, and sufficient light at the premises where the service takes place.
If there are areas you’re not satisfied with after our cleaning services, you can request (“Reclean Request”) a free reclean (“Free Reclean”) within 24 hours either by email or by phone and the Free Reclean (only areas you are not satisfied with) will be scheduled and completed within 48 hours of the Reclean Request.
Please note that if you receive a Free Reclean, any extra Services you add to that Free Reclean that were not part of the Services included within your Original Clean are not part of our Happy Clean Guarantee and you will be charged for them.
5.Booking for Our Services
To make a booking for our Happy Clean Services you will be required to place your booking on our website happycleanllc.com. By placing an order through our website, you warrant that you are: legally capable of entering into binding contracts, and at least 18 years old.
All Bookings are subject to acceptance by us, and we will confirm such acceptance to you by sending you a confirmation email to confirm your Booking. The contracts between us and you will only be formed when we send you the Order Confirmation Email.
You agree that you will not seek to book any Services from us other than via our Website (happycleanllc.com) for the duration of this agreement and during the termination of this agreement.
6.Order and Service Delivery
If you ordered a cleaning service via the Happy Clean LLC website or through Google or yelp, please make sure you provide the desired date you want the service to be carried out. Happy Clean will send you a confirmation email, approving your order and we will endeavor to deliver the requested service to the customer at the agreed time of delivery. If the customer specifies no dates for delivery, then your order will be suspended until you chose a delivery date.
Happy Clean may change the pricing of its Services (“Pricing Change”) at its sole discretion and at any time. Any Price Change will become effective immediately unless stated otherwise.
Most of the time, Services booked before the time of the Pricing Change will retain the original pricing as long as no modifications are made to the Services.
We strive to foster a safe environment for everyone. Our cleaning staff is employed, background checked, insured & bonded, and professionally trained. We reserve the right to remove our employees from your property should the environment be/become unsafe.
That’s where you come in. By using the Services, you agree to assist in fostering a safe environment by:
identifying fragile items and communicating this to our cleaning staff or our customer service team before the start of your cleaning appointment;
accounting for and securing all valuables before the start of your cleaning appointment;
notifying us of pets and, if necessary, placing them in designated enclosures that would not threaten our staff or impede our Services;
removing any biohazards, including, but not limited to, human bodily fluids, animal waste, rodent feces, live/dead insects, and sharp bio-products (needles, IV tubing, etc.);
not requiring or requesting the lifting or moving of furniture or heavy items, and
ensuring construction or renovation work (including touch-ups) has been completed, all contractors have left, and all equipment has been removed – before our arrival.
If you don’t comply with this Section, our Great Clean Guarantee will be voided, we may direct our staff to leave your location (at the discretion of management), and our Cancellation Policy (which is explained below) will apply
9.Repeat Infringer Policy
Following the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Happy Clean has adopted a policy of terminating, in appropriate circumstances, and in Happy Clean’s sole discretion, users who are repeat infringers. Happy Clean may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the website infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
For the requirements of a proper notification.
Name of Designated Agent:
You must not knowingly misrepresent your information that the Material is infringing when it is not. You will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the Material or activity claimed to be infringing.
11.Intellectual Property Rights
The Sites contain valuable trademarks and service marks owned and used by Happy Clean LLC and Happycleanllc.com, including but not limited to, pictures, videos, the Happy Clean design, logo, and the tag line (collectively, the “Happycleanllc.com Marks”). Any use of the Happycleanllc.com Marks without the prior written permission of Happycleanllc.com is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the Happycleanllc.com Marks, images, text, videos, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the “Site Content”), are the sole and exclusive property of Happycleanllc.com.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF, OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.
Happycleanllc.com uses a network of independent product and content suppliers, distributors, and other such third parties to supply some of the products and content advertised on the Sites. All other trademarks, service marks, product names, package designs, and company names or logos associated with these product and content suppliers, distributors, and other such third parties that are not owned by us but appear on the Sites are the property of their respective owners.
For claims of copyright infringement, please see the copyright complaints paragraph
Happy Clean reserves the right, without any obligation, to remove or suspend or terminate users of Happy Clean without liability to us.
From time to time, the Sites permit the submission of content, such as comments, blogs, and product reviews, generated by you and other users (“User Content“). You are solely responsible for your User Content and the consequences of posting or publishing it. Any User Content or other material, information, or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.
By submitting User Content, you represent and warrant to Happycleanllc.com.com that:
(i) your User Content does not violate any copyright, trademark, trade secret, patent, or other intellectual property rights, any right of privacy or publicity of any third party or any applicable law, rule, or regulation,
(ii) you own or have the legal right to use and authorize Happycleanllc.com.com to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and
(iii) your User Content does not violate happycleanllc.com Acceptable Use Policy set forth below.
(iv) Happy Clean has the right to use your contents, or pictures for promotional purposes.
Some of the cookies we use are essential for our Sites to function correctly – for example, keeping track of items that have been added to your shopping basket or remembering you have logged in. To maximize your online experience, we enable cookies on the site to help us understand how we can improve or analyze the success of promotions
For more information about our cookies policy, please visit our cookies policy page.
16.User Content and Conduct
Contain any dialogs which a reasonable person would consider defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
Be intended or likely to deceive any person, especially, but not only, a site user.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person, especially, but not only, a user.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, including without limitation contests, sweepstakes, and other sales promotions, or advertising.
You agree to defend, indemnify, and hold harmless Happy Clean, our independent contractors, service providers, and consultants. From and against any claims, damages, costs, liabilities, and expenses arising out of or related to; (a) your use of the Services; (b) any User Content or Submissions you provide. (c) your violation of these Terms. (d) your violation of any rights of another, or (e) your conduct in connection with the Services.
We assess a fixed cancellation fee of $50 to orders not canceled within 48 hours before the cleaning service. Same day cancellation $400 fee.
19.Damages and Responsibility
Happy Clean affirms that all our staff and service providers will conduct themselves professionally in your environment. In the event accidental damage occurs, you’ll need to notify us within 24 hours of when the appointment is completed either by email or by phone. You must provide us with an image and estimate of the damages, and you must be available to be contacted. We cannot guarantee reimbursement for damages that do not comply with this clause. Further, for potential caulking and grout damages, Happy Clean does not assume responsibility for the restoration of severely worn, stained, or mildewed caulking and grout.
Except in emergencies (e.g., a leaking toilet), you must not undertake the repair or replacement of the damage for which you may seek reimbursement.
Happy Clean reserves the right to contract suitable professionals to repair damages, and will make payment arrangements directly with its contractors to settle any damage repair
Except as expressly provided contrary in writing by happy clean, the services and happy clean materials are provided on an “as is” basis without warranties of any kind, either express or implied. Happy clean disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the services, including the information, content, and materials contained therein. Happy clean does not represent or warrant that the services or happy clean materials are accurate, complete, reliable, current, or error-free. While happy clean attempts to make your access to and use of the services safe. Happy clean cannot and does not represent or warrant that the services or our server(s) are free of viruses or other harmful components. Therefore, you should use industry-recognized software to detect and disinfect viruses from any use of the site.
21.Limitation of Liability
In no event shall happy clean, or our directors, members, employees or agents be liable for any direct, special, indirect, or consequential damages or any other damages of any kind. Including but not limited to exposure to covid-19 virus, through the use of our services, loss of use, loss of profits, or loss of data. Whether in an action, in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the services or the happy clean materials, including without limitation any damages caused by or resulting from reliance on any information obtained through the services, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to happy clean’ records, programs or services. In no event shall the aggregate liability of happy clean. Whether in contract, warranty, tort (including negligence, whether active, passive or imputed) product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the services or to these terms exceed any compensation you pay. If any, to happy clean for access to or use of the services.
22. Refund Policy
At Happy Clean, we do not offer refunds, for our services. However, we are committed to making you happy by providing you our Cleaning Guarantee (we will re-clean areas that you are not satisfied with only). Please see our Cleaning Guarantee for more information
Nevertheless, as a customer-friendly organization, we are happy to evaluate refund claims.
To file a refund claim, please call us within 24 hours of the completion of the Cleaning services, including an explanation of why our Happy Clean Guarantee is not a sufficient resolution, and we will be happy to offer an alternate solution
For contractual purposes, you (1) consent to receive communications from Happy Clean in an electronic form such as e-mail, to provide exclusive deals, and promotions. (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Happy Clean provides to you electronically via e-mail satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.
You should not solely rely on the Material but should instead seek other opinions before taking or failing to take any action, which could lead to injury, harm, death, or damage of any kind.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Happy Clean and limits how you can seek relief from us unless you opt-out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. Also, arbitration precludes you from suing in court or having a jury trial.
27.No Representative Actions
You and Happy Clean agree that any dispute arising out of or related to these Terms or our Services is personal to you and Happy Clean and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
28.Arbitration of Disputes
Except for small claims disputes in which you or Happy Clean seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Happy Clean seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Happy Clean waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Happy Clean or relating in any way to the Services, you agree to first contact Happy Clean and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Happy Clean by email at Support@happycleanllc.com The Notice must
Include your name, residence address, email address, and telephone number;
Describe the nature and basis of the claim; and
Set forth the specific relief sought.
Our notice to you will be similar in form to that described above. If you and Happy Clean cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Following the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules is available on the JAMS blog site and is hereby incorporated by reference. You either acknowledge or agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Happy Clean agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms, and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, Happy Clean, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
Any claim arising out of or related to these Terms or our Services must be filed within (60) days after such claim arose; otherwise, the claim is permanently barred, which means that you and Happy Clean will not have the right to assert the claim.
You have the right to opt-out of binding arbitration within 30 days of the date you first accepted the terms of this agreement by sending an email to Support@happycleanllc.com. To be effective, the opt-out notice must include your full name and address and indicate your intent to opt-out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes by this agreement.
If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this terms or the parties’ ability to compel arbitration of any remaining claims on an individual basis according to this terms; and (c) to the extent that any claims must, therefore, proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall stay pending the outcome of any individual claims in arbitration. Further, if any part of these terms is found to prohibit an individual claim seeking public injunctive relief, that provision will not affect to the extent such relief is allowed to be sought out of arbitration, and the remainder of these terms will be enforceable.
29.Governing Law and Jurisdiction
These terms and Agreements shall be governed and construed in all respects by the laws of the United State of America and the City of Miami. You agree that any claim or dispute you may have against must and be resolved by arbitration. You and Happy Clean both agree to submit to the non-exclusive jurisdiction of the laws of the United State of America and the City of Miami. For claims falling within the jurisdiction of the Court of Miami, you and Happy Clean both agree to submit to the jurisdiction of the laws of the United State of America and the City of Miami.
Any dispute arising from these Terms and your use of the Services will be subject to arbitration, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration; hence it will be resolved by arbitration.
Happy Clean reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable. Then that provision shall not affect the validity and enforceability of the remaining provisions.
Copyright (c) 2020(s) of first publication Happy Clean website. Subject to the express provisions of these terms and conditions:
We, together with our licensors, own and control all the copyright and other intellectual property rights in Happy Clean website and the Material on our site; and
All the copyright and other intellectual property rights in the Happy Clean website and the Material on our site are reserved.
33. Contact Us
If you have any questions about these Terms & conditions, please contact us at E-mail: Support@happycleanllc.com.