Last Updated: September 28, 2024

1. Introduction

Welcome to the Canary Clean Partner Program! These Terms of Service (“Terms”) govern the relationship between Canary Clean, located at 11226 Barrington Way, Austin, TX 78759 (“Canary Clean”, “we”, “us”, or “our”), and independent cleaning service providers (“Partners”, “you”, or “your”) who participate in the Program. By participating in the Program, you agree to be bound by these Terms.

2. Partner Responsibilities

• Independent Contractor Status: Partners are independent contractors and not employees of Canary Clean. Partners are responsible for their own taxes, insurance, and other benefits. You are not entitled to any employee benefits, including but not limited to, workers’ compensation, unemployment insurance, health insurance, or retirement benefits.
• Compliance with Laws: You must comply with all applicable federal, state, and local laws and regulations in performing services under this Agreement.
• Insurance: You must maintain general liability insurance with at least $500,000 in coverage and provide proof of insurance to Canary Clean.
• Background Check: You consent to a background check before commencing any services.
• Professional Conduct:
  
  • Maintain a professional appearance and demeanor at all times while representing Canary Clean.
  • Arrive at the job site on time and ready to work with all necessary equipment and supplies.
  • Communicate effectively and respectfully with customers and Canary Clean staff.
  • Respect customers’ property and privacy.
• Cleaning Standards: Adhere to all Canary Clean cleaning standards and procedures as outlined in the Partner training materials.
• Callbacks: If a customer is not fully satisfied, you agree to:
  
  • Complete Callbacks (requests to remedy a perceived problem with service) within 2 business days of the callback request. Customers are allowed 3 business days to make said request(s).
  • Return to fix the issue free of charge to prevent refunds and ensure customer satisfaction.
• Non-Solicitation:
  
  • You agree not to solicit, directly or indirectly, any Canary Clean customer for cleaning services outside of the Canary Clean platform for a period of [duration, e.g., 12 months] after the termination of this Agreement.
  • You agree not to engage in any conduct that would divert business away from Canary Clean, including but not limited to:
    
    • Providing your contact information to Canary Clean customers for the purpose of offering services outside the platform.
    • Offering discounts or other incentives to Canary Clean customers to encourage them to book services directly with you.
    • Disparaging Canary Clean or its services to customers.
• Non-Circumvention:
  
  • You agree not to circumvent Canary Clean’s booking and payment system by entering into any agreements with Canary Clean customers to provide services outside of the platform.
  • You acknowledge that all customer relationships developed through the Canary Clean platform are the property of Canary Clean.

3. Canary Clean Responsibilities

• Provide Job Leads: We will provide you with job leads based on your availability, service area, and skills.
• Payment Processing: We will handle all payment processing and ensure timely payment to you according to the agreed-upon schedule.
• Customer Support: We will provide customer support and handle customer complaints.
• Marketing and Advertising: We will market and advertise our services, including the Partner Program.
• Refunds: We will manage customer refund requests according to our refund policy.

4. Payment

• Payment Schedule: Payments will be made to you on a [Insert Payment Frequency – e.g., weekly, bi-weekly] basis.
• Payment Method: Payments will be made via Zelle or direct deposit to your designated bank account.

5. Refunds and Callbacks

• Customer Satisfaction: Canary Clean strives for 100% customer satisfaction. If a customer is not fully satisfied with the cleaning service provided, they should contact Canary Clean within 3 business days of the service completion date.
• Callback Process:
  
  • Canary Clean will notify the Partner of the callback request.
  • The Partner agrees to complete Callbacks (requests to remedy a perceived problem with service) within 2 business days of the callback request.
  • The Partner will return to fix the issue free of charge to prevent refunds and ensure customer satisfaction.
• Refund Policy:
  
  • If a customer is still not satisfied after a callback has been completed, Canary Clean may issue a full or partial refund to the customer at its discretion.
  • If a refund is issued due to a Partner’s failure to meet Canary Clean’s cleaning standards or to respond to a callback request in a timely manner, the refund amount may be deducted from the Partner’s earnings.
  • In cases of extenuating circumstances, such as damage to the customer’s property, Canary Clean reserves the right to handle the refund process on a case-by-case basis.

6. Confidentiality

You agree to hold confidential all information relating to Canary Clean’s business, including but not limited to customer lists, pricing, and marketing strategies. This obligation survives the termination of this Agreement.

7. Intellectual Property

All intellectual property rights in the Canary Clean brand, logo, and marketing materials belong to Canary Clean. You may not use these materials without our express written consent.

8. Termination

• Termination by Either Party: This agreement may be terminated by either party for any reason with 30 days written notice.
• Termination by Canary Clean: We may terminate this agreement immediately for:
  
  • Breach of any of these Terms.
  • Conduct that damages the reputation of Canary Clean.
  • Failure to maintain adequate insurance coverage.
  • Failure to comply with applicable laws.

9. Dispute Resolution

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be held in Austin, Texas. The prevailing party in any such arbitration shall be entitled to recover its reasonable attorneys’ fees and costs.    

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.

11. Entire Agreement

This document constitutes the entire agreement between us with respect to the subject matter herein and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

12. Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.

13. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.   

14. Notices

• Electronic Communication: You agree that Canary Clean may provide notices and other communications to you electronically, including by email to the address you provide during registration. You acknowledge that electronic communication is sufficient for all purposes under this Agreement.
• Waiver of Physical Communication: You waive any right to receive communications from Canary Clean in physical form, such as by mail or courier.
• Email Addresses: It is your responsibility to maintain a valid email address on file with Canary Clean and to promptly update your email address if it changes. You can update your email address by logging into your Partner portal or contacting Canary Clean support at support@canaryclean.com.
• Deemed Delivery: Notices sent electronically will be deemed to have been duly given when sent by Canary Clean, regardless of whether you actually receive the email.

15. Acceptance of Terms

By participating in the Canary Clean Partner Program, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service