Terms of Service
Entire Agreement
This agreement contains the entire agreement between parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this agreement. This agreement supersedes any prior written or oral agreements between the parties.
Term
This contract will be reviewed and renewed each year on January 1.
Hours of Work
The services described herein shall be performed on an agreed basis and specified in the estimate recieved. Philadelphia Scrubs is responsible for establishing a set work schedule. However, all services performed by Philadelphia Scrubs shall be performed so as to avoid inconvenience to the client, guests, or other persons occupying the premises.
Use of Employees and Contractors
Philadelphia Scrubs may employ and direct such personnel and/or independent contractors as it requires to perform the work in this agreement. Philadelphia Scrubs shall exercise full and complete authority over any employees or contractors, and any issues or complaints should be brought to the attention of Philadelphia Scrubs.
Inspection of Work
The client retains a general power of inspection of results for the purpose of determining that the contracted work is completed according to the terms and conditions agreed upon between parties. This general power includes the right to inspect, the right to make suggestions or recommendations as to the details of the work, and the right to request alterations or deviations to the work.
Furnishing of Equipment and Materials
The client is expected to provide for their own equipment and materials necessary for performance of this agreement. Philadelphia Scrubs does not and will not use bleach or anmonia products containing bleach to perform our work. If Philadelphia Scrubs has to purchase any equipment or materials for a client in order to complete the agreed upon services, Philadelphia Scrubs will leave a receipt for the client and include the total amount spent in the payment due by the client.
Insurance
Philadelphia Scrubs, at its own cost and expense, shall procure and maintain throughout the term of this agreement a general liability insurance and bonding policy.
Community Funding
Built within the West Philly Scrub payment policy is a 5% giveback provisions for an ongoing fundraiser to be donated monthly to Philadelphia-local grassroots movements, social justice organizations, mutual aid efforts, and in-need neighbors as a way to directly investing back into our community.
COVID Safety Protocol & Policy
1. It is preferable for clients and families to be out of the house during cleanings, but since school has started virtually already and with the weather getting colder, we understand if this is not possible or feasible.
In that case, social distancing is expected to be maintained by clients by staying on separate floors from where your cleaner is working or in specific rooms undisturbed for the duration of your cleaning.
Windows should be left open for the duration of your cleaning to allow for fresh airflow throughout your home.
West Philly Scrub team members will be wearing masks for the duration of cleanings where clients and/or family members are present in the home. Masks are to be worn by clients and family members if at all coming into contact or in common space with your cleaner.
We will be following our strict handwashing routine within each home ~ immediately upon arrival, after cleaning each bathroom, and before leaving.
Team members are required to get tested regularly, and we ask that all clients and their families do the same ~ the CDC and WHO recommend at least once a month and more frequently surrounding any travel.
West Philly Scrub maintains our pre-pandemic policy of not cleaning in a home where anyone is sick, and this now extends to homes where anyone is showing signs of illness, including symptoms of COVID-19 or a fever of more than 100*F, and to homes where anyone has been exposed to COVID-19. We will not allow or require any team member to work is they are at all sick or have been exposed to COVID-19.
Confidentiality
Philadelphia Scrubs and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Philadelphia Scrubs or divulge, disclose, or communicate in any manner, any information that is proprietary to the client. Philadelphia Scrubs and its employees will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this agreement. Philadelphia Scrubs will seek direct consent from the client for and before the taking and use of
photos for the purpose of social media reach and branding. Upon termination of this agreement, Philadelphia Scrubs will return to the client all keys, records, notes, documentation, and other items that were used, created, or controlled by Philadelphia Scrubs during the term of this agreement.
Payment
Philadelphia Scrubs accepts most major payment cards. Payment in any form is due at the time of each cleaning. Payments are to be made to Philadelphia Scrubs by the end of business (5PM) on the day of your cleaning. There will be a $5/day late payment added until payment is received. The client agrees to pay estimated fees for cleaning. In addition, the client agrees to contribute $5 per clean to the Philadelphia Scrubs account at Alia, a domestic worker benefits program established by the National Domestic Workers Alliance’s Fair Care Lab. Instructions on how to sign up to make the contributions will be provided separately. In addition to any other right or remedy provided by law, if the client fails to pay for services when due, Philadelphia Scrubs has the option to treat such failure to pay as a material breach of this agreement, and may cancel this agreement, terminate services, and/or seek legal remedies.
Default
The occurrence of any of the following shall constitute a material default under this agreement:
The failure to make payment when due.
The insolvency or bankruptcy of either party.
The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditors or governmental agency.
The failure to make available or deliver services in the time and manner provided for in this agreement.
Cancellation Policy
Philadelphia Scrubs will not clean with a person sick at the house. Philadelphia Scrubs requests that if there is someone sick at the house, the client cancel that day’s cleaning for the sake of Philadelphia Scrubs staff’s health. For health-related cancellations, no fee will be added, but we ask this honor code not be abused.
Termination of Contract
While West Philly Scrub hopes to provide continued care for our clients’ homes, both parties reserve the right to continued assessment of the mutual and appropriate working relationship between us. If either party deems the working relationship to no longer be an appropriate fit, either party may terminate the contract by written notice in acceptable form, outlined in the respective section of this contract, allowing for at least (1) months’ notice. Either party may terminate this contract by written notice to the other at any time if that other party: commits a breach of this contract and, in the case of a breach capable of remedy, fails to remedy the breach within (1) month of being required to do so in writing; or becomes insolvent, or has a liquidator, receiver, manager or administrative receiver appointed.
Remedies
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term, or condition of this agreement (including without limitation the failure to make monetary payment when due), the other party may terminate the agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have seven (7) days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this agreement.
Force Majeure
If performance of this agreement or any obligation under this agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such an event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such an event. The term Force Majeure shall include,
without limitation, sickness and illness, environmental conditions and hazards, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, wars, strikes or work-stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of nonperformance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within reasonable control of a party if
committed, omitted, or caused by such party, or any employees, officers, agents, or affiliates.
Arbitration
Any controversies or disputes arising out of or relating to this agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this agreement. In the event the parties are unable to agree upon such a selection, each party will select an arbitrator and the two arbitrators shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the two parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify
any provision of this agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisprudence. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this agreement.
Severability
If any provision of this agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
Amendment
This agreement may be modified or amended in writing, if the writing is signed by the party
obligated under the amendment.
Governing Law
This agreement shall be construed in accordance with the laws of the commonwealth of Pennsylvania.
Notice
Any notice or communication required or permitted under this agreement shall be sufficiently given if delivered in person, by email, or via text message.
Waiver of Contractual Right
The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this agreement.
Assignment
Client may not assign or transfer this agreement to any other individual or household without prior written consent of PHILADELPHIA SCRUBS, which approval shall not be unreasonably withheld.
Philadelphia Scrubs will also provide any additional services as assigned or requested, for an additional fee discussed and agreed upon with the client. Philadelphia Scrubs shall use its best efforts to provide these services without disturbing the client, guests, or other persons occupying the premises.