Welcome and thank you for your interest in Custom Made Maids, LLC (“Custom Made Maids” or “CMM”).
By clicking a registration or new account submission button, or by otherwise using Custom Made
Maids’ websites, networks, mobile applications, or other services provided by Custom Made Maids
(collectively, the “Services”), or accessing any content provided by Custom Made Maids through the
Services, you agree to be bound by the following terms of use, as updated from time to time (“Terms
of Use”).
1. Client understands and agrees that each time Client accesses CMM’s website
and/or client portal, that Client agrees to the Terms of Service that are then in effect and that
same may be updated from time-to-time.
2. Eligibility; Accounts and Registration. You must be at least 21 years of age to use the
Service. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 21
years of age; (b) you have not previously been suspended or removed from the Services; and (c) your
registration and your use of the Services is in compliance with all applicable laws and
regulations, including any jurisdiction in which the Services are to be provided. To access
features of the Services, you are required to register for an account. When you register for an
account, you are required to provide us with some information about yourself. You agree that
the information you provide is accurate and that you will keep it accurate and up to date at
all times. When you register, you may be asked to provide a password. You are solely responsible
for maintaining the confidentiality of your account and password, and you are responsible for all
actions taken via your account. You may not share your user account(s) with others. Unless you have
entered into a commercial agreement with Custom Made Maids permitting you to use the Services for
transactions on behalf of another person, you may only use the Services for transactions on your
own behalf, and not on behalf of any other person.
3. CMM is a booking service that contracts with independent contractors, and it is
intended to break up the monotony of the cleaning service industry. Client
understands and agrees that CMM, its agents, assigns, employees and independent
contractors do not engage in any form of sexually related business as same may be defined in
various county ordinances throughout Florida. No portion of CMM’s business is intended
to promote or otherwise engage in any business the involves sexual content, nudity, sexual
activity, gambling or other similar activity.
4. CMM’s agents, employees and independent contractors are not permitted to engage in any
form of nudity, sexual activity, engagement in the use of drugs and/or alcohol within the scope of
their work for CMM. To the extent that Client attempts to induce any such agents, employees
and/or independent contractors to engage in any of the foregoing, it shall constitute a material
breach of these Terms of Service. Any such breach will be dealt with in accordance with the
portion of these terms of service titled “Breach and Defaults.
5. Breach and Defaults. CMM may seek damages, equitable remedies and any and all other
remedies available to it at law and in equity for any breach or default by any of its clients.
Should CMM bring any action against Client for any breach of the Terms of Service or any other
agreements between the parties, CMM shall be entitled to recover all of its reasonable
attorneys’ fees and costs incurred in any such action, including any
and costs incurred at trial.
6. Background Checks. As a material inducement for CMM to engage in business
transactions with Client, Client agrees to undergo a background check which includes
searches for arrests, criminal activity, criminal convictions, civil indicators of criminal
activity, domestic violence and any other type of search which CMM deems reasonably
necessary, in its sole discretion, in order to provide for the safety of its
employees, independent contractors and agents.
a. A non-refundable fee of $50.00 shall be payable to CMM for performing background checks at the
time of application.
7. Disqualifying Offenses. CMM, after completion of Client’s background checks,
reserves the right to refuse service for any reason. Additionally, CMM’s employees,
independent contractors and agents may, at any time, terminate services for any violation of
these terms of service, any action by Client which makes any CMM personnel feel unsafe
or otherwise leads a reasonable person to believe they are in imminent danger of harm or
in the presence of any illegal activity.
8. Illegal Activity. Under no circumstances shall Client engage in, attempt to engage in
or otherwise attempt to induce CMM’s agents, employees and/or independent contractors in any
illegal activity.
9. Retention of Personally Identifiable Information. CMM shall, for its own purposes,
collect certain Personally Identifiable Information, however, no such information
shall be sold or retained for any commercial use incompatible with CMM’s own internal business
operations.
10. Right of CMM to Terminate Customer Relationship. CMM shall be permitted to
terminate any customer relationship for any reason, in its sole discretion.
11. Pricing. CMM’s pricing shall be provided upon submission of information requested of
Client by CMM. In the event that any information submitted by client is incorrect, misleading
or otherwise inaccurate, CMM may adjust pricing accordingly to reflect the correct information and
bill client accordingly.
12. Failure to Complete Evaluation Sheets. In the event that Client fails to
complete evaluation sheets provided for services rendered within 48 hours of service,
Client shall not be permitted to contest the billing of any service. All issues with service
and/or CMM’s staff may be reported via email to issues@custommademaids.com after submission of a
completed evaluation form submitted as required by this Section.
13. Non-circumvention: The Parties agree that in exchange for Custom Made Maids, LLC
(hereinafter “CMM” or “the Company”) undertaking the effort to screen Clients, CMM’s
agents, employees and independent contractors and otherwise undertaking reasonable
efforts to provide the services described herein, Client shall not, for any reason, contact
CMM’s customers, employees, agents and/or independent contractors for any purpose, whether
directly or indirectly, which would cause CMM’s agents, customers, employees and/or
independent contractors to cease conducting business with CMM and/or otherwise seek to
contract directly with any of CMM’s customers, employees, agents and/or independent
contractors for purposes of inducing any of the foregoing to circumvent CMM or terminate any
employment or contractual relationship with CMM. This provision shall continue for one (1) year
from the date upon which CMM last provides services to Client or the date upon which Client last
accesses CMM’s client portal, whichever is later.
a. The Parties agree that CMM would be irreparably harmed by Client’s violations of this
paragraph or any other portion of this Agreement and
that, in addition to any and all other remedies available to CMM, CMM may also pursue equitable
relief, including injunctions to enforce the terms of this Agreement.
2. For a period of one (1) year from the date upon which CMM last provides services to
Client or the date upon which Client last accesses CMM’s client portal, whichever is
later, Client shall not:
a. directly or indirectly, for the benefit of itself, herself or himself, as the case may be, or
any other person or entity, either as principal, agent, manager, consultant, partner,
owner, employee, distributor, dealer, representative, joint ventures, creditor,
franchisee, independent contractor or otherwise, engage in any business in competition with the
Company within one hundred (100) miles of Tampa, Florida and within
one hundred (100) miles of any location at which CMM services are provided to Client.
b. directly or indirectly, either for itself, herself or himself or any other person
or entity: (i) induce or influence, or attempt to induce or influence, any employee,
agent, independent contractor and/or customer of the Company to terminate
their employment, at-will relationship, contractor relationship or other similar relationship
with the Company; (ii) in any way interfere with the relationship between the Company and its
employees, agents, customers, independent contractors; or (iii) employ, or
otherwise engage as an employee, independent contractor or otherwise, any
employee, independent contractor or agent of the Company; or
c. directly or indirectly, either for itself, herself or himself or any other person
or entity, induce or influence, or attempt to induce or influence, any client, customer,
supplier, licensee, consultant, independent contractor or other business relation of
the Company to cease doing business with the Company, or in any way interfere with the
relationship between the Company and its clients, customers, suppliers, licensees,
consultants or other business relations, whether or not such relation is evidenced by an oral or
written contract.
14. Chargebacks, Failure to Show Up for Appointments and Scheduling. Under no circumstances
may the client issue a chargeback on a credit card, debit card or other electronic
payment. In the event that Client fails to make the premises ready for service, accessible for
service or does so more than fifteen minutes after the time scheduled for service, Client shall be
charged the full amount of the service scheduled to be performed. Under no circumstances shall
CMM’s agents, employees or independent contractors be required to wait more than twenty minutes
past the scheduled time for service for access to the premises. Any loss related to any delays
shall be borne solely by Client.
15. Scheduling. Client understands that CMM’s maids are independent
contractors and, therefore, Client will schedule according to the times they are available, but CMM
does not control the availability of timing for its maids.
16. Governing Law. This Agreement and all relationships between the parties hereto shall in
all respects be governed by and construed in accordance with the laws of the State of Florida,
without regard to its conflicts of law doctrine. All questions, issues or disputes arising out of
or under this or any other Agreement between the parties shall be interpreted, construed and governed according to the laws of the State of Florida without regard to conflicts of laws principles that would result in the application of the laws of any other jurisdiction. Both parties agree, as a material term of this Agreement, that all disputes, claims, actions or lawsuits between them arising out of this Agreement, or for the alleged breach of this Agreement, shall be heard and determined by a state court sitting in Pinellas County, Florida. Nothing contained within this Agreement shall be construed to allow or permit the Party bringing any claim, lawsuit or other action to do so in any Court other than state courts sitting in Pinellas County, Florida and constitutes an express and irrevocable waiver of litigating any dispute in any other Court, including Federal Court. This is an
express and irrevocable waiver of any and all rights to have this action brought in any place other
than Pinellas County, Florida, under applicable venue laws.
17. Fees. You may be required to pay fees to access certain features of the
Services. All fees are in U.S. dollars and are non-refundable. If Custom Made Maids
changes the fees for all or part of the Services, including by adding fees or charges, Custom Made
Maids will provide you advance notice of those changes. If you do not accept the changes, Custom
Made Maids may discontinue providing the applicable part of the Services to you. Custom
Made Maids’ authorized payment processor will charge the payment method you specified
at the time of purchase. You authorize Custom Made Maids to charge all fees as described in
these Terms of Use for the Services you select to that payment method. If you pay any fees with a
credit card, Custom Made Maids may seek pre-authorization of your credit card account before your
purchase to verify that the credit card is valid and has the necessary funds or credit available to
cover your purchase.
18. Subscription Fees. The Services may include features that allow for
automatically recurring payments for periodic charges (“Subscription Service”). If you
decide to activate a Subscription Service, you authorize Custom Made Maids to
periodically charge, on a going-forward basis and until cancellation of either the recurring
payments or your account, all accrued sums on or before the payment due date for the accrued
sums. The subscription will continue unless and until you cancel your
subscription, or we terminate it. You must cancel your Subscription Service before it
renews in order to avoid billing of the next periodic subscription fee to your account. We will
bill the periodic subscription fee to the payment method you provide to us during registration (or
to a different payment method if you change your payment information). Custom Made Maids may change
the subscription fee for any subsequent subscription period but will provide you advance
notice of any increase before it applies. Unless otherwise stated in your
product-specific agreement, you may cancel a Subscription Service by contacting us at
customerservice@custommademaids.com, by contacting your business consultant, or through your settings
page for the paid feature.
19. Intellectual Property. The Services are owned and operated by Custom Made Maids.
The user interfaces, design, information, data, code, products, software, graphics, and
all other elements of the Services (“Custom Made Maids Materials”) provided by Custom Made
Maids are protected by intellectual property and other laws and are the property of Custom
Made Maids or Custom Made Maids’ third-party licensors. Except as expressly allowed by these
Terms of Use, you may not make use of the Custom Made Maids Materials, and Custom Made Maids
reserves all rights to the Custom Made Maids Materials and Services not granted expressly in these
Terms of Use.
20. Feedback. If you choose to provide input and suggestions regarding the Services,
including related to any Custom Made Maids Materials (“Feedback”), then you hereby grant Custom
Made Maids an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right
to use the Feedback in any manner and for any purpose, including the improve the
Services or create other products and services.
21. DMCA; Claims of Copyright Infringement. Custom Made Maids respects the
intellectual property rights of others, and asks that everyone using the Services do the same.
Anyone who believes that their work has been reproduced on the Services in a way that constitutes
copyright infringement may notify Custom Made Maids’ copyright agent in accordance with Title
17, United States Code, Section 512(c)(2), by providing the following information.
a. Identification of the copyrighted work that you claim has been infringed;
b. Identification of the material that you claim is infringing and needs to be removed, including
a description of where it is located on the Services so that the copyright agent can locate it;
c. Your address, telephone number, and, if available, e-mail address, so that the
copyright agent may contact you about your complaint; and
d. A signed statement that the above information is accurate; that you have a good faith belief
that the identified use of the material is not authorized by the copyright owner, its agent,
or the law; and, under penalty of perjury, that you are the copyright owner or are authorized
to act on the copyright owner’s behalf in this situation.
e. Notices of copyright infringement claims should be sent as follows:
By mail: Custom Made Maids, LLC 19165 Geraci Rd, Lutz Florida, 33558
By email: customerservice@CustomMadeMaids.com
f. If you give notice of copyright infringement by e-mail, we may begin investigating the
alleged copyright infringement; however, we must receive your signed statement by mail or as an
attachment to your e- mail before we are required to take any action.
22. Indemnification. You agree to indemnify, defend, and hold harmless Custom
Made Maids, its affiliates, and their respective directors, officers, employees, and agents from
any and all claims and demands made by any third party due to or arising out of: (a) your access to
or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the
rights of a third party; (d) any dispute or issue between you and any third party; (e) any
User Materials you upload to, or otherwise make available through, the Services; (f)
your willful misconduct; and (g) any other party’s access to and/or use of the
Services using your account and password. Custom Made Maids reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, and in that case, you agree to cooperate with Custom Made Maids’
defense of that claim.
23. No Warranties. CUSTOM MADE MAIDS PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOM MADE MAIDS AND ITS SUPPLIERS MAKE NO
REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. CUSTOM MADE MAIDS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR
CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY CUSTOM MADE MAIDS ENTITY OR THE SERVICES THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY
DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, THEFT BY INDEPENDENT CONTRACTORS OR EMPLOYEES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND CUSTOM MADE MAIDS’ MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURSIDICTION TO JURISDICTION.
24. Limitation of Liability/Exclusive Remedy. IN NO EVENT WILL CUSTOM MADE MAIDS OR ANY
OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, (D) GROSS NEGLIGENCE OR (E) ANY OTHER CAUSE OF ACTION, EVEN IF CUSTOM MADE MAIDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, CUSTOM MADE MAIDS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (F) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (G) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (H) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (I) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (J) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR
THROUGH OUR SERVICES BY ANY THIRD PARTY; (K) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (L) USER MATERIALS OR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE AGGREGATE LIABILITY OF CUSTOM MADE MAIDS AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO CUSTOM MADE MAIDS FOR THE SERVICES IN THE 3 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; AND (B) $100. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
25. Consent to Communications. By using the Services, you consent to receiving certain
electronic communications from Custom Made Maids as further described in the Privacy Policy. Please read the Privacy Policy to learn more. You agree that any notices, agreements, disclosures, or other communications that Custom Made Maids sends to you electronically will satisfy any legal
communication requirements, including that those communications be in writing. The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with Custom Made Maids or third parties, such as real estate agents and Third-Party Providers. Communications through these methods may be routed through a third-party service (“Communications Service”). Calls may be recorded or monitored for quality assurance and customer service purposes. You will be notified at the beginning of a call if it may be recorded or
monitored. You consent to such recording and monitoring by Custom Made Maids or the Communications Service. Custom Made Maids also uses the Communications Service to track
phone calls and text messages between you and real estate professionals so that Custom Made
Maids and the real estate professional can access certain details about the contact. As part of
this process, Custom Made Maids and the Communications Service will receive in real time, and
store, data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message. You consent to these practices by Custom Made Maids and the Communications Service. The information is subject to the Privacy Policy.
26. Electronic Documents. The use of electronic documents, your access to CMM’s
website and electronic signatures shall all be construed as your continuing
consent and Agreement to CMM’s terms of service.
If the Client does not answer for their scheduled appointment or is not home:
- Maid must attempt to contact client via phone (call/text)
- Maid must contact Custom Made Maids
- Custom Made Maids will try to contact client (call/text/email)
- 15-minute grace period will be given to allow the client some time to respond
- Option of rescheduling the appointment at a discounted rate (25%) or rescheduling the service with a fee of $150 with the same maid
- Client will be charged full amount for the service missed to compensate the maid for time missed.
If Maid does not show up for their scheduled appointment:
- Customer must contact Custom Made Maids ( customerservice@custommademaids.com )
- Custom Made Maids will try to contact Maid (call/text/email)
- 30min grace period will be given to allow the Maid time for traffic and to respond
- Customer will get full refund and 25% off of next cleaning of up to equal value
- Maid will be charged for 50% of total booking fee lost