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A p e x S h i n e
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Acknowledgement

By purchasing, accepting, and remitting payment for residential cleaning services offered by ApexShine Cleaning Inc. via our website or any other approved and authorized means, you acknowledge that you have reviewed, fully understood, and agreed to the terms and conditions governing the residential cleaning services you have engaged.

 

1. Definitions

a. “Client” refers to the individual who has arranged and completed payment for residential cleaning services provided by Toronto Shine Cleaning Inc. via the company’s website or any other approved and authorized avenue.

b. “Provider” denotes ApexShine Cleaning Inc., an entity duly registered in Canada and the Province of Ontario, with its principal office situated in Toronto.

 

2. Services

a. The Services will be provided by independent cleaning professionals on behalf of the provider, also known as Agents. Clients can book the Services directly through the provider’s website or other authorized methods, such as telephone bookings.

 

b. All Services are listed on the Cleaning Appointment order form completed by the client, also known as the Order Schedule. This, along with these terms and conditions, constitutes the entire agreement between the parties. Any changes to the terms, prices, products, or services must be documented on a revised Order Schedule, which will be part of this agreement.

 

c. The provider and its Agents will be given access to the client’s premises to render services and assess the quality of the Services provided, provided that they give reasonable notice and receive proper authorization.

 

d. The provider will provide support to customers via email and phone to resolve any issues they may have with the Services provided. They will attempt to respond to client’s queries or complaints in a timely and reasonable manner.

 

3. Payments & Prices

a. The Client is required to provide accurate and complete payment information (such as credit card details) to the Provider to purchase services. The Provider will use this information to charge the Client for all services purchased. The Client’s payment information will be kept confidential and solely used for the purpose for which it was provided.

 

b. All orders for services are subject to acceptance by the Provider and payment in full by the Client. The Provider may withhold services until payment is confirmed. The cost of services is set out in the Order Schedule(s) and includes all applicable taxes.

 

c. The Client may upgrade services by executing an amended Order Schedule through the Provider’s website or any other mutually agreed method. Payment for additional services must be made immediately upon amendment.

 

d. If the Client is dissatisfied with the quality of services on the Initial Appointment, and the Provider assesses that the dissatisfaction is reasonable, the Provider shall arrange for a Follow-up Appointment at no additional charge to the Client.

 

e. Refunds, reimbursements, or compensation will only be provided as set out in the Order Schedule(s). The Client will not receive any refunds, reimbursements, or compensation if they fail to make adequate arrangements to receive the services.

 

f. The Provider reserves the right to update, modify, or adjust product descriptions, warranties, and prices without prior notice due to errors, product discontinuation, changing costs, new market conditions, or any other business factor.

 

g. Gift cards purchased from the Provider cannot be refunded or transferred.

 

h. Discounts for recurring service appointments are conditional on a minimum of three service appointments.

 

i. If service is cancelled prior to the completion of the third appointment, any discounts issued will be charged back to the client.

 

j. The Provider may limit the availability of services to certain jurisdictions or geographical areas at its discretion.

 

4. Terms & Termination

a. This contract will become valid once the client accepts it and will remain so until the services are provided, mutually modified, or terminated according to this agreement and the order schedule(s).
 
b. If the client cancels the services before the agreed term in the order schedule(s), there may be a penalty as specified in the order schedule(s).
 
c. In case the provider cancels the services for any reason other than non-payment or cause, they will either refund the payment made by the client or agree with the client on alternative arrangements for providing services, as agreed upon in the order schedule(s).

 

5. Force Majeure

a. Neither party is responsible for a failure to fulfill its obligations under this agreement or for delay in doing so if such failure or delay is due to circumstances beyond its control, such as, but not limited to, acts of God, acts of government, war, riots, strikes, accidents in transportation. The parties agree to immediately provide notice of any such circumstances and undertake to restore the status quo as soon as is feasible.

 

6. Liability

 

a. Except for what is stated in section 7, the Provider does not provide any guarantees or warranties, either expressed or implied, related to the Services.

 

b. The Provider’s responsibility towards the Client is limited to direct damages, which cannot exceed the total amount paid by the Client to the Provider during the relevant period. The Provider will not be responsible for any indirect or consequential damages, such as loss of profits, loss of revenue, damages to third parties, or damage or theft of the Client’s personal property, even if such damages were caused by an Agent of the Provider. However, the Provider will be held liable for any personal injury caused by their negligence or that of their Agents.

 

c. All Services provided by the Provider and its Agents must be ordered directly through the Provider’s website or any other means authorized by the parties. The Provider will not be responsible for any damages caused by services provided by third parties or any Agent of the Provider that were not ordered through the Provider, even if such an Agent claims to be acting for the Provider or has a private agreement with the Client not booked directly through the Provider.

 

7. Guarantees

a. Both parties involved in this agreement assure that they possess the required authorization to enter into this contract.

 

b. Besides the warranties specifically mentioned in this agreement, the Provider renounces all other warranties, whether expressed or implied, including but not limited to, the implicit warranty of merchantability and suitability for a specific objective.

 

c. The Provider promises that the Service(s) furnished under this contract will be of professional quality, provided according to industry best practices, and satisfy the service performance standards specified in each Order Schedule.

 

8. Intellectual Property

 

a. The Provider maintains exclusive ownership of all Intellectual Property, which includes copyrighted works (including data), trademarks, trade names, inventions, and/or trade secrets. Additionally, any Intellectual Property developed by the Provider to aid in the provision of its Services is also owned or controlled solely by the Provider.

 

9. General Provisions

a. This is an agreement between two parties, and no waiver of any provision in this agreement or any schedule will be deemed to be a waiver of any other provision.


b. Each section and provision in the agreement and schedules is intended to stand alone, and in the event of any conflict, the terms and conditions of this agreement shall take precedence.


c. The headings are included for reference purposes only and don’t form part of the agreement.


d. The laws of the Province of Ontario and Canada applicable therein shall govern the legal interpretation of this agreement.


e. This agreement and schedules constitute the whole agreement between the parties, and no changes will be effective unless made in writing and accepted by both parties.


f. The parties have agreed that this agreement and schedules will be drafted in English.


g. This agreement is binding upon the parties and their successors and assigns.


h. The client cannot assign this agreement, but the provider can assign its rights or obligations under this agreement to any other party without notice to the client.


i. This agreement doesn’t create a partnership, joint venture, or any other financial obligation between the parties.

 

j. All notices under this agreement shall be in writing and may be sent by electronic copy or registered mail to the client and provider at their respective addresses, unless otherwise amended.


k. Time is of the essence of this agreement.

 

10. Electronic Contracting

It is important to note that by using our services, you have the ability to enter into agreements and make transactions electronically. By doing so, you acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements. You also acknowledge that you have paid for the transactions and services that you have ordered. This agreement and intent to be bound by electronic submissions applies to all records related to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications. Please keep in mind that in order to access and retain your electronic records, you may need certain hardware and software, which are your sole responsibility.

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