Maid On The Spot Inc. Terms & Conditions as of August 1, 2016.
The following Terms and Conditions (collectively, this “Agreement”) is a legal agreement between you and Maid On The Spot Inc. (Maid On The Spot Inc. is herein referred to as “MOTS”, “Our”, “Us” or “We” and includes the dba “Handyman For Less”) a S corporation in the Commonwealth of Pennsylvania, that governs the use of MOTS websites, maid and handyman services (collectively called the “Service”).
PLEASE READ THE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS SITE OR CONTRACTING FOR ANY SERVICES MOTS PROVIDES YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS & CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM ACCESSING THIS SITE OR CONTRACTING FOR ANY MOTS SERVICE. PLEASE EXIT NOW.
MOTS reserves the right to modify the terms and conditions of this Agreement at any time effective when the changes are posted to this site. You are responsible for regularly reviewing this site for changes to the Agreement. By using our Service after the site has been updated You consent to any and all changes.
If You have any questions or require any more information about these terms and conditions, please feel free to contact Us by email at firstname.lastname@example.org .
By using our Service, you expressly represent and warrant that you are legally entitled to enter into this agreement. This Service is not available to children (persons under the age of 18) or others who are not capable of entering into binding contracts. By using the Service, you agree to comply with all applicable laws of the country, state and city in which you are present. Furthermore, you agree that your intention is to secure Our Service for your personal use. YOU MAY NOT ACCESS THIS SITE OR USE OUR SERVICE IF YOUR INTENTION IS TO TRY TO HARM, DISRUPT OR INTERFERE WITH MOTS SERVICE IN ANY WAY WHATSOEVER.
Website and Client Portal
New clients must use our website to schedule the first cleaning. We highly recommend you give as much information as possible to guide us in the cleaning of your home. The information you provide will be stored in our database and generated on all future work orders.
After you book online, we will email you access to the Client Portal. Existing clients can use this portal to update credit card information on file, cancel a cleaning, see past invoices, request new service and/or provide additional information about future cleanings.
You may never use another User’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use a password that uses a combination of upper and lower case letters, numbers and symbols with your account. You must notify MOTS of any breach of security or any unauthorized use of your account. MOTS will not be liable for any losses caused by any unauthorized use of your account.
License Grant and Restrictions
MOTS hereby grants you a non-exclusive, non-transferrable, right to use the Software and Service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by MOTS.
Consent to Email Communication
By using the service and providing your email address you consent to MOTS emailing you Service Reminders before your scheduled service and Quality Control Surveys after your service, as well as any other communication necessary to perform the services you requested.
From time to time, MOTS may send you marketing and promotional materials. If you do not wish to receive these marketing materials, you must notify us in writing at:
USPS: Maid On The Spot Inc., 3081 Sylvan Road, Ambridge, Pa 15003
Registered to do business in Pennsylvania
MOTS is a registered S corporation in the Commonwealth of Pennsylvania and provides cleaning services for homes and offices.
Handyman For Less is a DBA of MOTS and provides home repair and remodeling services. MOTS/Handyman For Less has registered as a home improvement contractor with the State of Pennsylvania Attorney General. Our PA HIC# is 118956 and is in good standing.
Employees and Sub-contractors
MOTS will not utilize subcontractors for maid services. All maids must be employees of MOTS.
MOTS prefers to hire our handymen as employees because it affords us greater control over them and their work but due to the specialized nature of some home repairs, MOTS handymen may also be qualified sub-contractors.
MOTS will conduct background checks including an Act 151 Criminal Record Check from the Commonwealth of Pennsylvania prior to hiring any staff including but not limited to maids, handymen, and office staff. A background check is then run again yearly thereafter. A copy must be kept on file in the office and made available to you upon request.
Insured and Bonded
MOTS will maintain at least $1,000,000 of liability insurance and at least a $5,000 employee bond. A certificate of insurance and proof of bond is available upon request from our insurance carrier.
All employees of MOTS must sign a confidentiality agreement prohibiting them from sharing any information about you and your family.
Our cleaners are prohibited from soliciting or accepting solicitation from you or any other client for any type of services. Violation of the non-solicitation agreement could result in termination of the cleaner and liquidated damages being sought in court. The client also is bound to a non-solicitation agreement with a penalty clause. There are to be no private arrangements made between clients and cleaners. The terms of the client non-solicitation agreement will be as set forth in the Direct Hire of Cleaners and Handymen section below.
Workers’ Compensation Insurance
MOTS will maintain proper Workers’ Compensation Insurance for all employees including but not limited to maids, handymen and office staff. Proof of Workers’ Compensation Insurance is available upon request from our insurance carrier.
MOTS will pay all applicable sales tax, income tax and payroll taxes to the appropriate entities in a timely fashion.
MOTS will provide proper initial and on-going training for all maids, handymen and office staff.
MOTS will make every reasonable effort to provide professional cleaning services by following industry best practices. MOTS aims to complete the cleaning to the highest possible standard in the shortest possible time.
MOTS will make every reasonable effort to complete your home repair and/or remodel in accordance with all industry standard practices. MOTS will comply with all local, state and national building codes whenever applicable. MOTS aims to complete your home repair/remodel to the highest standards of workmanship in the shortest possible time.
MOTS will make every reasonable effort to insure your cleanings, repairs and/or remodeling services meet our quality standards. These efforts may include contacting you by phone, text or email to discuss your satisfaction with our Service or having a MOTS representative enter and inspect your home after your service has been completed.
100% Satisfaction Guarantee House Cleaning
MOTS will make every reasonable effort to correct any deficiencies you may find in your cleaning up to returning and re-cleaning under our 100% Satisfaction Guarantee which offers up to 2 hours of free re-cleaning. Unfortunately, cleaning is a very subjective service. For this reason,
YOU UNDERSTAND AND AGREE THAT DESPITE THE BEST EFFORTS OF MOTS WE CAN NOT GUARANTEE THAT YOUR CLEANING WILL BE PERFORMED TO YOUR SATISFACTION OR THAT IT WILL MEET YOUR NEEDS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT MOTS’ TOTAL LIABILITY TO YOU FOR ANY ACTUAL OR ALLEGED DAMAGES ARISING FROM THE USE OF OUR SERVICE (INCLUDING INJURY TO YOUR PERSON OR DAMAGE TO YOUR PROPERTY RESULTING FROM THE ACTIONS OF A MOTS REPRESENTATIVE) WILL BE AS SET FORTH IN THE LIMITATION OF LIABILITY SECTION BELOW.
100% Satisfaction Guarantee Handyman Service
Home repairs are rarely perfect. However, if we did something wrong we will gladly return under our 100% Satisfaction Guarantee and fix it for up to 1 free hour of service. Every effort will be made to inform you of any possible deficiencies in the finished product in advance, however, some problems are unforeseen and some items simply cannot be repaired. For this reason,
WE CAN NOT GUARANTEE THAT YOUR REPAIR WILL BE COMPLETED TO YOUR SATISFACTION OR THAT IT WILL MEET YOUR NEEDS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT MOTS’ TOTAL LIABILITY TO YOU FOR ANY ACTUAL OR ALLEGED DAMAGES ARISING FROM THE USE OF OUR SERVICE (INCLUDING INJURY TO YOUR PERSON OR DAMAGE TO YOUR PROPERTY RESULTING FROM THE ACTIONS OF A MOTS REPRESENTATIVE) WILL BE AS SET FORTH IN THE LIMITATION OF LIABILITY SECTION BELOW.
Safe Work Environment
You must provide a safe work environment free from dangerous conditions including but not limited to safety concerns, bio-hazards and communicable diseases of any kind, mold and anything else that may compromise the health or safety of MOTS staff.
Your property must have electricity and hot water at all times and heat in the winter.
Our cleaners are always to be treated with respect and never yelled at, berated, or spoken to in a sexual way. This is not a dating service.
Failure to provide a safe working environment could result in our cleaners not cleaning a portion or all of your home. If we were unable to clean because of any condition identified above, you will still be charged the full cleaning rate to compensate our maids for their time, travel and lost work opportunities.
SECURE YOUR PET(S) AS NEEDED. You assume all liability and responsibility for your pets and their behavior. If your pet is aggressive or cannot go outside, then you should not leave the pet roam when cleaners are scheduled to clean. If your pet were to get loose while we were cleaning your home, we will make every reasonable effort to secure the pet(s) and return them to your residence. If this is not possible, we will contact you at the phone number and/or email you provided when booking immediately. However, MOTS IS NOT RESPONSIBLE FOR THE SAFETY OR SECURITY OF YOUR PETS. MOTS IS NOT RESPONSIBLE FOR ANY PET(S) LEAVING THE CONFINES OF YOUR HOME OR PROPERTY EVEN IF THE ACTIONS OF A MOTS RESPRESENTATIVE CAUSED OR ENABLED THE EVENT TO OCCUR; EVEN IF MOTS HAD BEEN PREVIOUSLY WARNED ABOUT THE RISK.
Please provide complete and accurate information when booking online. Be sure to include any pertinent details we need to know about you, your family and your home at the time of booking including but not limited to those items that may be broken, damaged and/or not be able to accept over-the-counter cleaning products.
No online booking is valid until MOTS has sent a confirmation email confirming receipt of the online booking and verifying our availability for service on the date and time selected.
Please double check your online booking for accuracy because YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION PROVIDED WHEN BOOKING ONLINE.
Print a copy of your online booking and the details of your cleaning plan and your payment and store it for your records.
You must enter the address of the residence to be cleaned fully and correctly. If the property does not appear on Google Maps or most GPS devices or you know it is difficult to find you must provide directions and/or landmarks at the time of booking. You will be billed our hourly rate if our cleaners are lost as a result of your failure to properly identify the location of the cleaning.
Size and Condition
You must accurately represent the size and condition of your home. You must select the total number of bedrooms in your home even if you do not use them all. Home sizes correlate to the number of bedrooms. A 4 bedroom home will usually have more rooms with larger room sizes than a 2 bedroom home. The fact that you only use 2 of your 4 bedrooms does not mean your house is now the same size as a 2-bedroom home. For booking and billing purposes, it is still a 4-bedroom home.
If your home requires a Deep Clean or a Built-Up Clean and you do not select that option, then MOTS reserves the right to charge the additional fee whenever appropriate based solely on the discretion of MOTS and its representatives as to the condition of the home. A MOTS representative may attempt to contact you regarding the additional fee by email and/or phone but this is not required. Misrepresenting the size and/or condition of your home is a breach of this Agreement.
As a general rule, new clients should book a Deep Cleaning for the first visit unless the home has not been professional cleaned in 3-6 months, then you should book a Built-Up Clean for the first visit. After this first cleaning, your home will be ready for our recurring service at a discounted rate.
All payments are made by credit card. Your credit card information is obtained when you book online. By using our Service you agree to have your credit card charged in accordance with the terms outlined below.
New clients, Existing clients that want to alter their recurring plan, One-time cleanings, Move-in, Move-out and Handyman services must book online using a credit card. The card will be charged 50% at the time of booking. The other 50% will be charged upon completion of the work.
Recurring Service – Weekly, Bi-weekly and Monthly Service will not be charged anything until the service is completed. Upon completion, the full amount will be charged to the card on file.
ALL CLIENTS ARE EXPECTED TO MAKE ALL PAYMENTS IN FULL UPON COMPLETION OF THE SERVICE. IT IS YOUR RESPONSIBILITY TO MAKE SURE MOTS HAS A VALID CREDIT CARD ON FILE. IF MOTS IS UNABLE TO CHARGE YOUR CARD ON FILE AND YOU DO NOT PROVIDE A NEW, WORKING CREDIT CARD, YOU AGREE TO BE BOUND BY THE TERMS OF THE UNPAID BALANCE SECTION IDENTIFIED BELOW.
If MOTS is not able to process your credit card on file, we will contact you by phone and/or email urging you to provide a valid credit card.
If you do not provide a working credit card or the balance is not paid within 3 (three) days from the date of your cleaning you will be charged a $50 nonpayment fee and the unpaid balance will accrue interest at the rate of 24% per annum. If MOTS has to pursue collection efforts you agree to pay all costs and fees associated with such action including but not limited to Attorney, Legal, and any other reasonable costs incurred in our efforts to collect your debt.
MOTS will attempt every legal means of collecting your debt including but not limited to hiring a 3rd party collection agency and/or filing a mechanics lien and/or seeking a judgement against you with the appropriate Court. Whenever applicable, MOTS will file “Theft of Services” charges with the Harmony Township Police Department making your failure to pay for your services a criminal matter. This criminal offense is punishable by fines and/or imprisonment.
It is your responsibility to secure and remove from plain site the following items identified below.
You must remove any and all Valuables from the areas/rooms you will be having Service. Valuables include but are not limited to money, gift cards, jewelry, antiques, art, collectibles, fragile or easily broken items and any other items of monetary or sentimental value that could be lost or damaged.
FAILURE TO ADHERE TO YOUR OBLIGATIONS IDENTIFED IN THIS AGREEMENT MAY RESULT IN OUR INABILITY TO PROVIDE YOU WITH OUR SERVICE. IN NO EVENT WILL MOTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ALLEGED OR ACTUAL DAMAGES OR LOSSES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR FAILURE TO ADHERE TO YOUR OBLIGATIONS UNDER THIS AGREEMENT
MOTS cannot guarantee an arrival time but every effort is made to honor client requests. As a guide, we offer morning arrival which occurs between 8:30 am and 12:00 pm and an afternoon arrival which occurs between 12:00 pm and 3:30 pm. There is no guarantee we will arrive within these windows but we make every possible effort to do so. If you require more specific arrival times we encourage you to contact the office. We may be able to accommodate your request. If you cancel because MOTS did not arrive within the expected arrival window, you will be subject to the cancelation policy outlined below. You do not have to be home for us to complete your cleaning. We only require access to your home and instructions on how to lock up.
MOTS cannot guarantee you the same house cleaner every time but every effort is made to honor cleaner requests. By requesting a cleaner we will assign that cleaner as your primary cleaner. Our software will automatically assign that cleaner to your home for recurring service. You will also have secondary cleaners who are available to fill in should your primary cleaner not be able to complete the cleaning on your scheduled day and time. We cannot guarantee you a particular house cleaner will be available on any particular day or time. If you cancel because your primary cleaner is not available, you will be subject to the cancelation policy outlined below.
There is no charge if you cancel your cleaning or handyman service more than 48 hours in advance. If you cancel with less than 48 hours’ notice, there is a $50 fee. If our cleaners are locked out or you cancel after our staff traveled to your home, then you will be charged a fee of 50% of your total invoice not to exceed $100.00. You do not have to be home to have your house cleaned.
MOTS cannot guarantee that things will not get broken or damaged during the course of cleaning, repairing or remodeling your home. You are hiring our Service at your own risk. MOTS AND ITS EMPLOYEES ARE NOT RESPONSIBLE FOR DAMAGE OR BREAKAGE THAT MAY OCCUR, EITHER DIRECTLY OR INDIRECTLY, AS A RESULT OF USING THE SERVICE. If something is damaged or broken during the course of using our Service we will notify you immediately in person if you are home, or by email, phone and/or written documentation left in the home at the time the damage occurs.
Be Safe and Use Caution
MOTS cannot guarantee that any item in your home will be placed back properly. MOTS cannot guarantee that area rugs will not be placed in such a way as to pose a tripping hazard. MOTS cannot guarantee your hard surface floors will not be wet or slippery as a result of using our Service. MOTS AND ITS EMPLOYESS ARE NOT LIABLE FOR ANY PERSONAL INJURY THAT MAY RESULT, EITHER DIRECTLY OR INDIRECTLY, FROM THE USE OF OUR SERVICE. Please proceed with caution until you are sure all items are properly placed and secure and your floors are dry, not slippery and safe to walk on.
Turn off your alarm system or provide us with instructions on how to do so at the time of booking. MOTS IS NOT RESPONSIBLE FOR ANY FEES ASSOCIATED WITH YOUR ALARM SHOULD IT GET TRIGGERED DURING THE COURSE OF ENTERING, EXITING, CLEANING OR INSPECTING YOUR HOME.
Products and Supplies
Our maids come with all the cleaning products and supplies needed to properly clean your home. You agree that neither you nor anyone in your home has any known allergies to any over-the-counter cleaning products. MOTS IS NOT LIABLE FOR ANY PERSONAL INJURY OR SICKNESS THAT MAY RESULT EITHER DIRECTLY OR INDIRECTLY FROM THE USE OF OUR SERVICE.
If you prefer our cleaners use your cleaning products and/or vacuum, just tell us that when booking online and leave the supplies out in a visible location easily accessible to the cleaner on the day of your cleaning.
Our handymen come with an array of power tools, hand tools, ladders and miscellaneous items needed for most home repairs. If your job requires a specialty tool that is not common our handymen may need to rent the tool and this will incur an additional charge for us to pick-up, rent, deliver and return.
Maids cannot lift items over 35 lbs.
Handymen cannot lift items over 75 lbs.
Please contact the office if you need heavy objects moved or select moving furniture as an add on service when booking online so we can send the right staff with the right tools to complete your request.
Maids cannot move furniture. If you need furniture moved, please do it yourself before your cleaners arrive or select moving furniture as an extra service and we will send trained furniture movers to your jobsite to do the heavy lifting. MOTS IS NOT RESPONSIBLE FOR DAMAGE THAT MAY OCCUR TO YOUR HOME OR YOUR BELONGINGS AS A RESULT OF MOTS MOVING YOUR FURNITURE OR HEAVY OBJECTS. IF YOU ELECT TO USE OUR SERVICE YOU AGREE THAT IT IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT MAY OCCUR.
MOTS no longer accepts keys. Please provide an alternative method of entry like a garage code, hidden key, having someone let us in or whatever means you feel comfortable so that the cleaner can gain access to your home on the day of the cleaning. Remember, our cleaning times are just estimates and not guaranteed.
Hours of Operation
Our Office is open and staffed from 9:00 a.m. to 4:00 p.m., Monday through Friday. We answer our phones 24/7, or whenever possible. Our normal hours of house cleaning are from 8:30 am to 6:00 pm, Monday through Friday. We offer same-day, holiday, evening and weekend service by appointment and these services are subject to a higher rate than the one published online. We cannot guarantee we will be able to accommodate the day and time you request but every reasonable effort will be made to do so.
No Contract Binding You
You are never required to use our Services and you may cancel a scheduled service call at no cost or penalty to you if you tell MOTS in writing at least 48 hours before your appointment. If you cancel with less than 48 hours’ notice, you agree to pay the cancelation fees identified above.
MOTS RESERVES THE RIGHT TO DENY SERVICE TO ANYONE, AT ANYTIME, FOR ANY REASON.
From time to time, MOTS may photograph your home or items in your home to document their existence or condition.
If parking is not readily available close to your residence MOTS will charge you our hourly rate for the time it takes our staff to park and carry their tools and supplies to your home. If there are any parking fees these will be added to the cost of your cleaning and charged to your credit card on file. If there a parking instructions, please provide them at the time of booking.
Please remove all clutter and sentimental or valuable items. Make sure you have cleaned up after your animals and we will be able to enter your home for the cleaning. If you want linens changed, please leave those out on the beds that you want made. Restrain your pets as needed.
There is no trip charge for our cleaning services within our published service area. There is a trip charge for travel outside this area and this amount is determined on a case by case basis.
There can be a trip charge associated with our handyman services. The most common is for pick-up and delivery of materials. Any trip charges will be based upon the details of your project and the amount will be determined on a case by case basis and discussed with you in advance.
Removal of Garbage and debris
If you require MOTS to remove garbage and debris from your property you must identify that at the time of booking online and pay the appropriate fees for its removal, hauling and proper disposal. MOTS will recycle whenever possible.
If you do not pay to have garbage removed, our staff will place the garbage in the location you specify. If no location was given, we will first try to put the garbage in an approved container. If that is not possible, then we will stack it neatly outside of the door we used to enter and exit.
MOTS DOES NOT GUARANTEE THAT THE GARBAGE/DEBRIS WE LEAVE WILL BE SAFE OR FREE OF SHARP POINTS, NAILS, BROKEN GLASS AND/OR OTHER DANGEROUS OBJECTS. YOU ARE SOLELY RESPONSIBLE FOR ANY INJURY THAT MAY OCCUR EITHER DIRECTLY OR INDIRECTLY AS A RESULT OF THE GARBAGE BEING LEFT ON SITE. IF YOU DO NOT PAY TO HAVE YOUR GARBAGE/DEBRIS REMOVED YOU ARE SOLELY RESPONSIBLE FOR THE GARBAGE AND ITS LEGAL DISPOSAL. Do not assume your garbage carrier will remove building materials. Most garbage companies have rules that prohibit them from accepting building materials, hazardous waste, tires, paint, Freon, and items that exceed size and weight restrictions.
Sign Off Sheet
Upon completion of your service a MOTS representative may ask you to sign off on the completed project. By signing the Sign Off Form, you agree that all work has been completed to your satisfaction. Only sign off on work after you have completed a thorough and exhaustive inspection and find everything satisfactory.
Our reputation is very important to us. We appreciate all positive reviews. However, if your experience was not satisfactory, you agree to not post a negative review online without first notifying us in writing about your concerns and then giving us up to three (3) days for cleaning related issues and five (5) days for accounting related issues, to rectify the situation. After this correction period, you may review us as you see fit.
If you post a negative review, notify us in writing upon making the review public. Please send communication to:
USPS: Maid On The Spot Inc., 3081 Sylvan Road, Ambridge, Pa 15003
Direct Hire of House Cleaners or Handymen
MOTS invests heavily to attract and retain great house cleaners and handymen. We perform background screening and extensive initial and on-going training. Hiring our current or former worker(s) and/or accepting side propositions makes you liable for an employment referral fee of five-thousand dollars ($5,000.00) if you directly employ (legally or cash basis) anyone currently or formerly employed by MOTS for a period of two (2) years after termination of employment with MOTS. By using our Service, you agree to notify us of any attempts to solicit or accept illegal business, otherwise; Attorney, Legal and miscellaneous expenses incurred to investigate and/or collect this fee will be added if this employment is discovered. Exchanging contact information is considered part of this breach.
Unless complying with all laws; direct, unreported or inappropriate employment practices are illegal. You acknowledge being informed that MOTS is obligated to report illegal hiring activities. In fact, anyone may report this to the proper Government and Judicial authorities so investigation ensues. Implication, complicity, or withholding knowledge of illegal activities is not only prosecutable by MOTS (when applicable), but also by United States Federal and Local Laws.
THERE ARE NO REFUNDS AT ANY TIME, FOR ANY REASON, UNLESS THERE WAS A BILLING ERROR MADE BY MOTS AND THE REFUND IS A CORRECTION OF THAT ERROR.
There is no guarantee that the day and time you book online will be available. All bookings must be confirmed by the office to insure that date and time is available. There is no refund if we are unable to meet your scheduled day and time, however, a credit will exist on your account for a period of up to two (2) years equal to the amount paid at the time of booking.
Even after your booking is confirmed, there is no guarantee MOTS will not have to cancel your cleaning due to a variety of reasons including but not limited to illness, weather conditions, staffing shortage or any other reason MOTS deems sufficient to warrant a cancelation. We will notify you as soon as possible if we have to cancel by phone and/or email. If MOTS has to cancel your cleaning for any reason MOTS will reschedule at the next available day and time. Any fees paid will be applied to the new cleaning date and there are no refunds because MOTS had to cancel your cleaning even if the cleaning was time-sensitive and needed to be completed by a specific day or time.
MOTS provides this website and its house cleaning and handyman services “as-is” and without any representation or warranty, expressed, implied, or statutory. MOTS specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. MOTS protects the security and safety of its customers and its quality of service by conducting background checks and being insured, bonded and registered to do business in Pennsylvania.
MOTS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE OR SOFTWARE (INCLUDING ANY CLEANING OR HANDYMAN SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE (INCLUDING ANY CLEANING OR HANDYMAN SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY MOTS. MOTS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SOFTWARE AND SERVICE, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitation of Liability
MOTS in no way attempts to limit its liability in any matter for which it would be illegal for MOTS to exclude, or attempt to exclude, its liability. For all matters where it is legal for MOTS to limit its liability, this section sets out the entire financial liability of MOTS.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MOTS EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL MOTS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). MOTS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR SOFTWARE, EVEN IF MOTS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY WAIVE AND RELEASE MOTS FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE OR SERVICE. BY USING OUR SERVICE, YOU ACKNOWLEDGE YOU ARE DOING SO AT YOUR OWN RISK.
MOTS is not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to loss if income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings and/or any expenses incurred to prepare for the Service.
THIS LIMITATION OF LIABILTY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS. THE FORGOING LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE COMMONWEALTH OF PENNSYLVANIA AND ITS APPLICABLE LOCAL JURISDICTION.
NOTHING ON THIS WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
BY USING THE SERVICE OR SOFTWARE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE THE SERVICE OR SOFTWARE.
By entering into this Agreement and using the Software or Service, you agree to defend, indemnify and hold MOTS, and its employees, officers, subcontractors and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein.
You accept that, as a corporation, MOTS has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against MOTS’ officers or employees in respect of any losses you suffer in connection with the Service or Software. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this Agreement will protect MOTS’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as MOTS.
Controlling Law and Jurisdiction
This Agreement will be interpreted in accordance with the laws of the Commonwealth of Pennsylvania and the United States of America, without regard to its conflict-of-law provisions. You and MOTS agree to submit to the personal jurisdiction of a state court located in Beaver County, Pennsylvania or a United States District Court, located in Beaver County, Pennsylvania, for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement, you and MOTS agree to first attempt to informally resolve the dispute for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice to:
USPS: Maid On The Spot Inc., 3081 Sylvan Road, Ambridge, Pa 15003.
No joint venture, partnership, employment, or agency relationship exists between you and MOTS as a result of this Agreement or use of the Service or Software. The failure of MOTS to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MOTS in writing.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
These Terms and Conditions and any documents expressly referred to herein, represent the entire agreement between MOTS and You and supersede any prior agreement, understanding or arrangement, whether oral or in writing.