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Terms of Service

TERMS & CONDITIONS:

The Client is of the opinion that Sparkling Home Comfort has the necessary qualifications, experience and abilities to provide cleaning services to the Client.

The Contractor (Sparkling Home Comfort) is agreeable to providing such cleaning services to the Client on the terms and conditions set out in this Agreement.

In consideration of the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

SERVICES PROVIDED:

(1.)The Client hereby agrees to engage the Contractor to provide the Client with the following cleaning services (the "Services"):​​​​

Cleaning

Organization.

The venue for delivery of the Services is:

(2.) The clients place of residence

 

(3.) The clients Airbnb hosting location

The time for delivery of the Services is:

(4.) As agreed upon between Client and Contractor with the understanding that there is a minimum hourly start for selected cleaning or organization service.

 

(5.) The Services will also include any other cleaning tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.

TERMS OF AGREEMENT:

(6.) The term of this Agreement (the "Term") will begin on the date services are rendered by Sparkling Home Comfort and will remain in full force and effect indefinitely until terminated by either Client or Contractor.

(7.) In the event that either Party wishes to terminate this Agreement, that Party will be required to provide 10 days' written notice to the other Party.

 

(8.) In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.

(9.) This Agreement may be terminated at any time by mutual agreement of the Parties.

(10.) Except as otherwise provided in this Agreement, the obligations of the Contractor will end upon the termination of this Agreement.

SERVICE PERFORMANCE:

(11.) The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

 

CURRENCY:

 

(12.) Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in CAD (Canadian Dollars).

 

QUOTES, DEPOSITS and PAYMENT TERMS:

(13.) The Contractor (Sparkling Home Comfort) will charge the Client for the Services at the rate of agreed upon cleaning service on a per hour basis (the "Compensation").

 

(14.) The Client will be invoiced before cleaning services are rendered, unless otherwise stated.

 

(15.) Work orders/invoices submitted by the Contractor to the Client are due immediately after cleaning services have been rendered in the form of a checklist of everything that has been cleaned per cleaning package requested.

 

(16.) The Compensation as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation.

 

(17.) The Contractor will not be reimbursed for any expenses incurred in connection with providing the Services of this Agreement.

(18.) A 25% non-refundable deposit is required to secure all cleaning appointments. Appointments are not confirmed until the deposit has been received. The remaining balance is due immediately upon completion of the service unless otherwise agreed upon in writing.

CANCELLATION & RESCHEDULING RULES: 

(19.)Clients are asked to provide at least 24–48 hours’ notice for cancellations or rescheduling. Deposits are non-refundable. If sufficient notice is provided, the deposit may be transferred once to a rescheduled appointment, subject to availability. Same-day cancellations, missed appointments, or failure to provide access to the property may result in the deposit being forfeited.

ACCES-TO-PROPERTY POLICY:

(20.) The Client is responsible for ensuring safe and timely access to the property at the scheduled appointment time. If Sparkling Home Comfort is unable to access the property within the scheduled arrival window, the appointment may be cancelled or rescheduled, and applicable fees may apply.

SERVICE LIMITATIONS:

(21.) Sparkling Home Comfort does not provide services involving hazardous waste, bodily fluids, pest infestations, mold remediation, hoarding-level conditions, heavy lifting, exterior window cleaning, high ladder work, biohazards, or unsafe environments. Sparkling Home Comfort reserves the right to refuse, pause, or stop service if the property is deemed unsafe or outside the agreed service scope.

PROPERTY DAMAGE & FRAGILE ITEMS:

(22.) Clients are responsible for securing fragile, valuable, sentimental, irreplaceable, unstable, or pre-damaged items before service begins. Sparkling Home Comfort is not responsible for damage to items that are improperly secured, unstable, already damaged, or left in unsafe cleaning areas. Damage claims must be reported within 24 hours of service completion.

REFUNDS and SATISFACTION CONCERNS:

(23.) Refunds are not typically provided once a service has been completed. If the Client is not satisfied with the service, they must contact Sparkling Home Comfort within 24 hours of service completion with photos and a clear description of the concern. When appropriate, Sparkling Home Comfort may offer a touch-up for the specific area of concern. Results may vary depending on the age, condition, staining, buildup, or damage of the surfaces being cleaned.

CONFIDENTIALITY and CLIENT PRIVACY:

(24.) Confidential information (the "Confidential Information") refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.

(25.) The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. The Contractor further agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any personal information of the Client, without the prior written consent of the Client. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.

(26.) However, on occasion the Contractor reserves the right to photograph non-private interior and/or exterior areas of the Client home or videos for the purpose of documenting the condition of the Client's property. These photographs may only be used for professional documentation purposes and will not be reproduced, published, transmitted, disseminated, or displayed in any form or manner, without express, formal, written consent of the client and/or his/her agent and/or representative. The client further acknowledges that no formal written consent or specific authorization is required for the Company to take interior and/or exterior photographs or videos for these purposes.

INDEPENDENT CONTRACTOR STATUS:

(27.) In providing the Services under this Agreement it is expressly agreed that the Contractor (Sparkling Home Comfort) is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

 

SERVICE AUTONOMY:

 

(28.) Except as otherwise provided in this Agreement, the Contractor (Sparkling Home Comfort) will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.

ARRIVAL WINDOW and WORKING HOURS:

(29.) The Contractor will arrive on a agreed upon time. However, due to unforeseeable weather conditions and navigating city traffic the Contractor may be 10-15 minutes late behind schedule. However, if this were to happen the Contractor is obliged to contact the Client to notify them of the slight adjustment in schedule and if need be will stay the additional time to makeup for the late arrival.

SUPPLIES and EQUIPMENT:

 

(30.) Except as otherwise provided in this Agreement, the Contractor (Sparkling Home Comfort) will provide at the Contractor’s own expense, any and all equipment, accessories, chemicals, solvents, cleaning fluids, workwear and any other supplies necessary to deliver the Services in accordance with the Agreement.

​NO EXCLUSIVITY:

 

(31.) The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.

 

COMMUNICATION and NOTICES:

 

(32.) All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties using the following methods of communication where reasonable to do so:

1. Personal email

2. Formal letter addressed to Client

 

or to such other address as either Party may from time to time notify the other.

LIABILITY and INDEMNIFICATION:

 

(33.) Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

 

CHANGES to THESE TERMS:

 

(34.) Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

 

TIMELINESS:

 

(35.) Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

 

ASSIGNMENT:

 

(36.) The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

ENTIRE AGREEMENT:

(37.) It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

 

BINDING EFFECT:

 

(38.) This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

 

HEADINGS:

 

(39.) Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

 

INTERPRETATION:

 

(40.) Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

 

GOVERNING LAW:

 

(41.) This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario.

 

SEVERABILITY:

 

(42.) In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

 

WAIVER:

 

(43.) The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

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