Terms of Service
These Terms of Service form a referral agreement between NorthSide Turnovers Inc and the Client. NorthSide Turnovers Inc is an Employment Agency/Domestic Referral Agency in the business of assisting clients seeking House Cleaners, Carpet Cleaners, and other independent Service Providers.
Client has requested Agency services to identify potential domestic workers to provide housekeeping services to Client in Client's home. The parties agree to the terms below.
Referral service and payment
1. Referral Service
NorthSide Turnovers Inc's role is to recruit and retain independent domestic workers. All Service Providers undergo an interview with the Agency. The Agency will ask questions regarding the work skill and availability of the Service Provider.
2. Payment
Payment is due at the time service is scheduled. Client may provide the Agency with a valid credit card to keep on file for billing. Client is responsible for and agrees to pay the Agency for the full cost of Client's requested services. The referral fee charged by the Agency for its services shall be reasonable, negotiable and based on a fixed percentage of the service cost per the Agency's established fee schedule. Without exception, there are no refunds for the cleaning service.
Scheduling and service performance
3. Cancellation
Failure to notify Agency twenty-four (24) hours in advance of cancellation of any requested service will result in a $99 fee charged for the scheduled visit. There are no refunds for the cancellation charge unless the Client has been excused by the Agency of the $99 fee due to an emergency considered valid by NorthSide Turnovers Inc.
4. Lock Out or No-Show
It is the responsibility of the Client to ensure access for cleaning. If the Client is not available or other access arrangements have not been made and the Service Provider is unable to enter, there will be a $99 lock-out charge. There are no refunds for the lock-out charge unless the Client has been excused by the Agency of the $99 fee due to an emergency considered valid by NorthSide Turnovers Inc.
5. Service Provider Performance
For quality assurance, a “walk-through” or inspection is required at the completion of service. The Service Provider must be contacted on the worksite after completion of the service if the Client is not entirely satisfied with the housekeeping work that was performed.
Provider relationship
6. Direct Hiring Prohibited
Client agrees not to directly engage the services of any referred Service Provider during the term of this Agreement and for a period of nine (9) months after termination of services without informing Agency of the scheduled services. Should services commence or additional services be provided without informing the Agency, Client agrees to pay Agency $5,000 as a finder's fee.
7. Performance of Services
The Service Provider represents that he/she possesses the qualifications, ability and experience to perform all services requested by and rendered to Client without the advice, control or supervision of the Agency. The Service Provider shall be solely responsible for satisfactory performance of services to be rendered to Client.
In the event Client communicates a complaint regarding the quality of services rendered or work performed, breakage, theft, or any other problem occurring while the Service Provider rendered service, it is the sole responsibility of the Service Provider to resolve the problem directly with Client. If any such complaints or concerns are received by the Agency, the Agency agrees to promptly inform the Service Provider so he or she may resolve the matter directly with the Client.
Agency shall not be liable, and Client agrees to indemnify Agency from and against any claims, losses, costs, fees, liabilities, damages, or other injuries that arise as a result of the Service Provider's actions or unsatisfactory performance. Without exception, there are no refunds for the cleaning service.
8. Independent Domestic Worker
NorthSide Turnovers Inc is not the employer of the domestic worker referred to as Client. Client acknowledges that she or he may have employer responsibilities depending upon the nature of the professional relationship established with the referred Service Provider and thus may be liable for payment of Provincial and/or Federal Canadian employment taxes incurred during and throughout the course of the engagement.
In addition, Client acknowledges that NorthSide Turnovers Inc shall not be liable, and Client agrees to indemnify NorthSide Turnovers Inc from and against any claims, losses, costs, fees, liabilities, damages, or injuries arising out of Client's failure to pay any such taxes.
Acceptance and governing terms
9. Acceptance of Terms
Client understands and agrees that Client's engagement or utilization of the services of a Service Provider referred by Agency will constitute Client's acceptance of the terms and conditions of this Agreement even if Client does not return this executed Agreement to Agency.
10. Termination
Client reserves the right to replace or terminate the Service Provider for any reason.
11. Attorney's Fees
Client agrees to pay all reasonable costs, including, but not limited to, attorney's fees incurred by the Agency to enforce any provision in this Agreement.
12. Governing Law/Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. Any action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of competent jurisdiction located in the Province of Ontario.
13. Consent for Use of Electronic Signatures
This Agreement may be executed by original, facsimile, and electronic signatures, each of which when affixed shall be deemed to be an original that is enforceable against the executing party. The customer may log in to the company website and choose whether to accept or reject this Agreement at any time.
Fees, refunds and background checks
14. Service Fee
A 3.05% service fee will be added for every booking.
15. Refund Policy
Without exception, there are no refunds for the cleaning service. In the event the signed customer claims a chargeback on their credit or debit card for the services that were provided by NorthSide Turnovers Inc., and the card issuer determines that the customer has committed fraud by requesting a chargeback, the signed customer shall pay Liquidated Damages to the Agency in the amount of $750.00 in addition to the cost of service per occurrence.
16. Background Check Request Clause for Client Agreement
Client may request a background check for any Service Provider NorthSide Turnovers Inc refers to Client. To ensure applicable privacy compliance, it is NorthSide Turnovers Inc's policy to provide Clients with an attestation of completion of background check pursuant to Client's requirements, but not the actual results. Client agrees to comply with applicable law related to background checks, reports, and any action taken.
Privacy and messaging
17. Privacy Policy
We will only share your personal information with third parties if it is necessary to provide our cleaning services or if we are required to do so by law. We may share your information with the following third parties: our independent domestic referrals, our payment processing partners, and other service-providing software partners.
Digital photographs may be taken on scene for internal records or posted on social media in order to attract new customers and spread the “NorthSide Spirit.” Furthermore, we respect your privacy and will not share any of your private information publicly without your consent.
18. Opt In for SMS Using Our Toll-Free Numbers
When receiving SMS messages from NorthSide Turnovers Inc. or from any of our toll-free numbers, message and data rates may apply. For help, contact support@northsideturnovers.com. When receiving incoming messages, you may opt out by replying “Stop.”
Waiver of liability
Waiver of Liability and Hold Harmless Agreement
I, the customer who electronically signed, hereby acknowledge and agree to the following:
What the Client Is Agreeing To
By booking and electronically signing, the Client understands that inviting cleaners into their home involves some normal risks, including minor property damage, items being moved or knocked over, wet floors during cleaning, and the use of cleaning products and equipment. The Client agrees that these risks are part of providing cleaning services and accepts that some of them cannot be completely eliminated, even when reasonable care is taken.
Property Condition and Fragile Items
The Client agrees to secure or remove highly fragile or irreplaceable items (such as valuable collectibles, artwork, electronics, or loose glassware) from areas being cleaned, or to clearly point them out in advance. NorthSide Turnovers Inc. is not responsible for normal wear and tear or pre-existing damage, and will not be liable for damage to items that were not reasonably secured, removed, or disclosed before the service.
Limitation of Liability
To the maximum extent permitted by the laws of Ontario, the Client agrees that NorthSide Turnovers Inc., its directors, officers, employees, contractors and referred Service Providers shall not be liable for:
- minor cosmetic damage, normal wear and tear, or pre-existing defects in the Client's property;
- loss or damage arising from the Client's failure to secure, remove, or disclose fragile or high-value items from areas being cleaned; and
- any indirect, consequential, or special loss (including lost profits, loss of use, or loss of opportunity).
Where NorthSide Turnovers Inc. is found legally liable to the Client, the Client agrees that the total aggregate liability of NorthSide Turnovers Inc. for all claims arising out of or related to a single cleaning visit shall be limited to an amount equal to the total fees paid by the Client for that visit.
This clause does not exclude or limit liability for death or personal injury caused by the proven negligence of NorthSide Turnovers Inc., nor for fraud, wilful misconduct, gross negligence, or any liability that cannot be excluded or limited under applicable Ontario law.
Release of Certain Claims
To the extent permitted by Ontario law, the Client agrees not to make claims against NorthSide Turnovers Inc. for:
- minor cosmetic damage (small scuffs, light scratches, or normal wear and tear);
- problems that are unrelated to the cleaning work performed (for example, an appliance failing due to age or defect rather than the cleaning); and
- injuries or issues that arise when the Client ignores clear safety instructions given by the cleaner (for example, entering an area that is marked or described as a “wet floor” or “do not enter”).
This release does not prevent the Client from making claims for serious injuries, gross negligence, or rights that cannot be waived under Ontario consumer protection or occupiers' liability laws, including rights under the Consumer Protection Act, 2002 regarding acceptable quality of services.
Indemnity
The Client agrees to indemnify and hold harmless NorthSide Turnovers Inc. from claims brought by third parties that arise directly from the Client's own actions or instructions (for example, asking cleaners to use unsafe chemicals or equipment supplied by the Client, or directing the cleaners to perform tasks in an unsafe manner).
Governing Law and Courts
This Agreement is governed by the laws of the Province of Ontario. Any dispute that cannot be resolved informally will be brought in a court of competent jurisdiction in Ontario, with venue determined in accordance with applicable Ontario law.
Final acknowledgements
Jury Trial Waiver
I hereby knowingly and voluntarily waive any right to a jury trial of any dispute arising in connection with this Agreement.
Discounts
Most discounts are for Deep Clean or First Time Cleaning only. Discounts may be used only one time.
Signing Acknowledgement
In signing this Agreement, I acknowledge and represent that I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it, and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made to me; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration, fully intending to be bound by it.
Changes to These Terms
Terms may change without notice.