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Terms and Conditions
1. Agreement to Terms
2. Scope of Services
3. Acknowledgment of Risk
The customer acknowledges that pressure washing, drain cleaning, porter services, parking lot sweeping, and window cleaning involve inherent risks, including but not limited to potential damage to delicate surfaces, property structures, drainage systems, and underground utilities. The customer agrees that Powerwashco has provided clear information regarding these risks and releases the Company from any liability for damages arising from known risks associated with these services.
Furthermore, the customer acknowledges that certain pre-existing conditions, such as worn materials, structural defects, and environmental factors, may exacerbate damage during the course of service, and Powerwashco shall not be liable for such damages.
4. Client Insurance Requirements
5. Limitations of Liability
Powerwashco will not be liable for any incidental, consequential, or indirect damages arising from or related to the services provided. This includes, but is not limited to:
- Pre-existing Damage: The Company will not be responsible for any damage to property that existed prior to the commencement of services, including, but not limited to, worn concrete, chipped paint, cracked surfaces, or improperly installed drainage systems.
- Client Negligence: The Company shall not be responsible for damages or liability caused by customer negligence, such as failure to disclose potential risks, hazardous materials, or structural weaknesses.
- Environmental and Weather Conditions: Any delay, damage, or incomplete work resulting from inclement weather or environmental factors is outside the Company’s control and may lead to rescheduling or adjustments to the final service outcome.
- Drain Cleaning: Powerwashco is not responsible for existing blockages in drain systems caused by structural defects, foreign objects, or roots that obstruct normal cleaning procedures. The Company will take reasonable precautions but will not be liable for damages related to these pre-existing conditions.
- Underground Utilities: Powerwashco shall not be responsible for damages to underground utilities unless the customer has provided accurate and documented information regarding their locations.
6. Service Warranties
Powerwashco strives to provide high-quality service using eco-friendly, biodegradable products and industry-standard methods. However, the Company does not offer warranties for the following:
- Surface Discoloration: Certain materials may be prone to discoloration from pressure washing, especially if pre-existing conditions exist (such as mildew, algae, or deep-set stains).
- Drain Efficacy: While drain cleaning services help restore function, Powerwashco does not guarantee long-term performance of drainage systems, particularly where age, blockages, or other infrastructural issues are present.
- Window Cleaning Limitations: The Company will not be held liable for scratches, cracks, or damage to windows that are pre-existing or made of delicate materials not suited to standard cleaning processes.
7. No Guarantees of Results and Maintenance Acknowledgment
Pressure washing, drain cleaning, and related services are part of a routine maintenance schedule for property upkeep. The customer acknowledges that pressure washing is a maintenance service aimed at improving the cleanliness and appearance of surfaces, but it cannot reverse certain long-term or permanent damage. Powerwashco does not guarantee specific results, particularly in cases of:
- Surface Stains: Some stains, such as rust, oil, mildew, or algae, may be permanent or difficult to remove. Results may vary based on factors such as the age of the surface, material composition, and prior treatment.
- Drain Functionality: Powerwashco’s drain cleaning services aim to improve drainage, but the Company cannot guarantee the long-term performance of drainage systems, especially if underlying issues such as broken pipes, root intrusions, or structural defects exist.
- Environmental Factors: Weather conditions, pollution, nearby foliage, and other environmental factors may affect results over time.
8. Insurance and Indemnification
The customer agrees to indemnify, defend, and hold Powerwashco harmless from any claims, damages, liabilities, costs, and expenses, including reasonable attorney fees, arising out of any injury, damage, or loss due to:
- Acts of Negligence: Any act or omission by the customer, including failure to disclose relevant risks related to the worksite.
- Third-party Claims: Any claims brought by third parties, such as neighbors or nearby property owners, regarding incidental or consequential damage caused by the Company’s services
Powerwashco maintains appropriate liability insurance; however, claims must be filed within 30 days following the completion of services. The Company’s liability shall be limited to the total fee paid for the specific service in question.
9. Payment Terms
All invoices are due upon receipt unless otherwise specified. Invoices that remain unpaid for more than 30 days will incur a late fee of 20% per month, or the maximum permitted by law. The customer is responsible for all legal and collection fees incurred in the recovery of unpaid debts.
10. Cancellations and Rescheduling
11. Health and Safety
The Company follows strict safety guidelines during all services provided. The customer agrees to:
- Hazardous Materials: Disclose any hazardous materials on-site, including chemicals, mold, asbestos, etc. Powerwashco reserves the right to refuse or terminate services if unsafe conditions exist.
- Access and Clearance: Provide clear and safe access to the worksite. The customer is responsible for removing vehicles, equipment, or any other items that may interfere with the work.
Powerwashco will not be responsible for damage or delays caused by obstructions, unsafe work environments, or hazardous materials not disclosed prior to the service.
12. Disputes, Chargebacks, and Legal Proceedings
12.1 Bank Disputes and Chargebacks
If the customer disputes any charges for services rendered through their bank or financial institution (hereinafter referred to as a “chargeback”) without first attempting to resolve the matter with Powerwashco, the customer agrees to reimburse the Company for any costs incurred as a result of the chargeback process, including but not limited to:
- Administrative fees associated with disputing the chargeback.
- Bank or merchant fees arising from the chargeback process.
- Legal fees incurred to resolve the matter.
12.2 Legal Responsibility for Court Appearances
In the event that Powerwashco is required to attend legal proceedings (including but not limited to depositions, arbitrations, mediation sessions, or court hearings) as a result of a dispute arising from the services provided, the customer who initiated the contract will be held responsible for covering all associated costs, including:
- Hourly Rate: Powerwashco will charge a standard rate of $1500 per hour for any time spent by its employees, representatives, or legal counsel related to the legal proceedings.
- Travel Expenses: The customer will reimburse Powerwashco for all travel-related expenses, including fuel, mileage ($0.65 per mile or the current IRS mileage rate, whichever is higher), vehicle maintenance, and parking fees.
- Accommodation and Meals: The customer will cover all necessary accommodations and meal expenses for Powerwashco representatives attending the legal proceedings.
- Court Fees and Legal Costs: The customer will be responsible for covering all court fees, filing costs, legal representation fees, and any additional expenses associated with the dispute resolution or legal proceedings.
- Other Associated Costs: The customer shall reimburse Powerwashco for any additional costs reasonably incurred in the course of attending or preparing for the legal proceedings, including but not limited to document preparation, expert witness fees, and administrative costs.
13. Force Majeure
Powerwashco shall not be held liable for any delay, failure to perform, or any damages arising from events outside of its reasonable control, including but not limited to acts of God, extreme weather conditions (such as floods, storms, or droughts), fires, earthquakes, pandemics, government orders, strikes, war, civil disturbances, terrorist acts, or other events that could not have been anticipated or prevented with reasonable diligence.
In the event of a force majeure:
- Service Rescheduling: Powerwashco reserves the right to reschedule services to a mutually agreed date without penalty.
- Termination Due to Force Majeure: If a force majeure event continues for more than 30 days, Powerwashco reserves the right to terminate the contract without any further liability to either party. Any payments made for services that have not yet been rendered will be refunded, minus any costs already incurred by Powerwashco.
14. Client Responsibilities
14.1 Access to Property
The customer is responsible for ensuring that Powerwashco has unrestricted access to the property, including:
- Clearance of Vehicles and Obstructions: All vehicles, equipment, and objects that could impede access or interfere with the services must be removed or relocated. This includes but is not limited to cars, outdoor furniture, trash, and other equipment.
- Scheduled Access: The customer must ensure that the site is available at the scheduled service time. Failure to do so may result in additional charges for delays or rescheduled appointments, including a minimum service charge of $200 plus operational cost for missed appointments or cancellations made less than 48 hours before the scheduled time.
14.2 Utilities
The customer is responsible for ensuring that all necessary utilities required for the completion of the services are available on-site. This includes:
- Water Supply: The customer must provide a working outdoor water source for pressure washing services.
- Electricity: The customer must provide adequate electrical outlets and ensure power is available for any equipment that requires it.
If utilities are not available at the scheduled time, Powerwashco may charge for additional time, rescheduling, or equipment needed to supply the missing utilities.
14.3 Disclosure of Hazards
The customer is required to disclose all known hazards or dangerous conditions on the property prior to the commencement of services. These include, but are not limited to:
- Presence of Hazardous Materials: The customer must inform Powerwashco of any hazardous substances such as asbestos, lead, mold, or chemicals on the property.
- Structural Instability: The customer must disclose any potential structural weaknesses, such as loose or cracked surfaces, fragile piping, or any areas susceptible to damage during cleaning.
- Underground Utilities: The customer is responsible for informing Powerwashco of the location of underground utilities, including gas lines, water pipes, or electrical wiring, that could be affected by drain cleaning or other services.
Powerwashco shall not be liable for any damage or injury resulting from undisclosed hazards or unsafe conditions.
15. Termination of Services
Powerwashco reserves the right to terminate the service agreement under the following circumstances:
- Non-compliance with Terms and Conditions: If the customer fails to comply with any of the provisions outlined in these terms, Powerwashco reserves the right to suspend or terminate services without penalty.
- Unsafe Worksite Conditions: If Powerwashco determines that the worksite presents unreasonable risk or danger to its employees, contractors, or equipment, the Company may suspend or terminate services. The customer will be responsible for any costs incurred up to the point of suspension or termination.
- Payment Failure: If the customer fails to make payments as agreed, Powerwashco reserves the right to terminate services and pursue collection for outstanding balances, including the imposition of late fees and legal costs.
In the event of early termination by the customer for reasons other than breach of contract by Powerwashco, the customer will be responsible for paying for all work completed up to the termination date, including any costs incurred for materials, equipment, and labor. Any cancellation fees or penalties outlined in the specific contract or proposal will also apply.
16. Damage to Third-Party Property
Powerwashco will exercise reasonable care to avoid damage to third-party property (including neighboring properties or shared spaces) during the provision of its services. However, the customer acknowledges the following:
- Pre-existing Damage: Powerwashco will not be liable for damage to any third-party property that is pre-existing or caused by circumstances outside the Company’s control (e.g., loose tiles, weakened structures, etc.).
- Limited Control of Adjacent Properties: If the services involve cleaning near the boundaries of neighboring properties, the customer assumes responsibility for any potential complaints, claims, or disputes arising from such adjacent property owners.
The customer agrees to indemnify and hold Powerwashco harmless from any claims, damages, or legal fees arising from disputes or damages involving third-party property.
17. Non-Solicitation of Employees
The customer agrees not to directly or indirectly solicit or hire any employee, contractor, or service provider of Powerwashco for the provision of similar services outside the scope of this agreement for a period of 12 months following the completion of the contracted services.
Liquidated Damages: In the event of a breach of this non-solicitation clause, the customer agrees to pay Powerwashco liquidated damages equal to 12 months of the employee’s or contractor’s salary or service fees, which will serve as compensation for the Company’s loss of the employee or contractor.
18. Confidentiality and Intellectual Property
18.1 Confidentiality
Any proprietary information, processes, methods, or techniques disclosed by Powerwashco in the course of providing services shall remain confidential and the exclusive property of Powerwashco. The customer agrees not to disclose, use, or share any of the Company’s confidential information with third parties without the prior written consent of Powerwashco.
18.2 Intellectual Property
All work products, processes, trade secrets, or proprietary methods developed by Powerwashco during the provision of services shall remain the intellectual property of the Company. This includes any custom cleaning solutions, equipment modifications, or work techniques designed or employed by Powerwashco. The customer may not reverse-engineer, replicate, or otherwise use any of Powerwashco’s intellectual property for commercial gain.
19. Binding Arbitration
In the event that a dispute arises between Powerwashco and the customer that cannot be resolved through informal negotiations, the parties agree to resolve the matter through binding arbitration under the rules of the American Arbitration Association (AAA) or a mutually agreed-upon arbitration service. The arbitration shall take place in the jurisdiction where the services were rendered, and the following terms will apply:
- Final and Binding: The arbitrator’s decision shall be final, binding, and enforceable by law. Both parties waive the right to a jury trial or the opportunity to litigate the dispute in court, except to enforce the arbitration award.
- Legal Fees: The prevailing party in any arbitration proceeding shall be entitled to recover reasonable attorney’s fees and costs associated with the arbitration.
Common Issues Related to Specific Services
Pressure Washing
- Damage to Sensitive Surfaces: Pressure washing can cause damage to surfaces not designed for high pressure. Customers must identify and inform the Company of any delicate surfaces before work begins.
- Water Intrusion: Pressure washing can lead to water intrusion if performed near windows, doors, or vents. The customer must ensure these areas are sealed adequately before the service.
- Discoloration: Certain stains or surfaces may discolor after pressure washing. Powerwashco will use its best judgment, but cannot be held liable for such changes.
Drain Cleaning
- Clog Recurrence: Drain cleaning services may not prevent future clogs caused by tree roots, debris, or damaged pipes. The Company is not responsible for recurring issues unless a regular maintenance contract is in place.
- Damage to Drains or Pipes: Older or fragile piping systems may suffer damage during drain cleaning. The customer agrees to provide accurate information regarding the condition of pipes to avoid such risks.
Parking Lot Sweeping:
- Surface Damage: Sweepers can cause damage to loose asphalt or poorly maintained surfaces. Customers must disclose known issues with parking lots to prevent damage claims.
- Debris Collection: The Company is not responsible for the removal of excessive debris or hazardous materials found on the property unless specified in the contract.
Window Cleaning:
- Fragile Glass: Powerwashco will not be responsible for damages to windows or glass surfaces that are pre-existing or made of delicate materials. Customers must inform the Company of fragile windows ahead of service.
