terms & conditions


 

Terms & Conditions

TERMS AND CONDTIONS

1. GENERAL RULES AND DEFINITIONS

Terms and Conditions stated on this page describe a legal agreement between you and Gemini Cleaning Service, Inc. ("Gemini"). When using services supplied to you by Gemini, including the website http://www.geminicleaning.com further described as the ("Services") or using any software supplied by Gemini the (“Software”), you hereby acknowledge and agree to be bound by all terms and conditions printed herein and by any future changes to them as published at http://www.geminicleaning.com/disclaimer or printed on Gemini’s marketing materials. It is your responsibility to review these Terms and Conditions, so please do it carefully.

If you don’t agree with any of the Terms and Conditions or changes to them, you may cancel and discontinue using the Services and Software at any time by sending E-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. . By your continued use of the Services and Software at the time and following the posting of any changes in these Terms and Conditions, you indicate your agreement to such changes. Gemini reserves the right to limit, modify or discontinue any part of the Services and Software at any time without notice or liability. Changes to these Terms and Conditions are only binding, if made in writing.

By using the Services and Software, you warrant that you are at least 18 years old and have legal ability to enter into binding contracts - that is with the authority and financial means to enter into this agreement and to abide by these Terms and Conditions.

2. SECURITY, USE OF PERSONAL DATA, WEBSITE AND SOFTWARE CONTENT

Gemini hereby grants you a limited right to use our website, its content and software as part of the Services and Software we provide, for your non-commercial and personal purposes only, subject to these Terms and Conditions.

You may not access and use the Services and Software with intent to harm Gemini, our cleaning service providers or any third party we work with. You may not bypass any restrictions imposed on your use of the Services and Software or damage the functioning of the Services and Software including the advertising which is part of our clients using the Services and Software.

By using the Services and Software, you agree that you are responsible for maintaining the confidentiality of your account’s passwords created on our website, if applicable; you will provide us with whatever proof of identity we may reasonably request; and you guarantee that all the information which is given by you is accurate and updated.

Applicable text messaging or data charges from your mobile network service provider are your sole responsibility when you agree to receive text messages from Gemini, schedule Services through text messages or request text message confirmations, and you represent and warrant that the number provided is your own cell phone number.

Our website and software contain links to other Internet sites. Please note that Gemini is not responsible for outside content, availability of the outside resources and any concerns regarding external links should be directed to such sites. You are responsible to take reasonable precautions when interacting with any third-party sites or information. Gemini is not responsible for reliability or accuracy of any advice, opinion or information displayed or distributed through the Services and Software and any reliance and likely results from using such materials are at your sole risk.

Sometimes Gemini may send electronic mail to you with information pertaining to the Services and Software. To better understand the needs of its clients, Gemini may also contact you regarding your participation in user surveys, asking for feedback on current or prospective services. Gemini makes reasonable efforts to protect your personal information but accepts no liability for any costs, losses or damages resulting from or related to any Internet or E-mail personal data transmissions between you and our company.

3. RATES AND PAYMENT TERMS

Gemini fees for the Services and Software are due instantly upon completion of the services, or in certain circumstances, before the Services are performed. Fees are non-refundable and any complaint or statement about the Services and Software being unsatisfactory will not be considered, if not reported to Gemini within 24 hours after completion or usage of the Services and Software. By ordering the Services with Gemini, you understand and agree that you or a third party authorized by you, must be available to inspect the Services within 24 hours of the Services completion. You agree to allow Gemini to correct any deficiencies in the Services claimed by you before a refund can be requested. Fees refunds due to any termination or rescheduling of the services will not be considered, if not reported to Gemini at least 24 hours before the scheduled Services. If your credit card is declined, you agree to pay the additional fee of $35. If you dispute the credit card charge for any reason that is contrary to these Terms and Conditions, you agree to the additional charge of $100. All delinquent accounts are subject to the collections and late payment fees of 1% per month on balances over 30 days due.

Please note that Service rates information published on Gemini’s website doesn’t always reflect the prevailing pricing. You may cancel your account at any time, subject to the 24-hour rule described above. You shall pay all fees and charges incurred through your use of the Services and Software at rates in effect at the time they are incurred. Gemini makes promotional offers with different attributes and rates to any of our customers. Unless an offer was presented directly to you, it shall have no bearing on your current Service rate. Gemini may change the fees for Services and will use good faith efforts to contact you via E-mail or phone to inform you about the change prior the new rate effective date.

4. TERMINATION

Gemini, at its sole discretion, has the right to discontinue or suspend the Services for any reason. Any costs that arise directly from the termination shall not be Gemini’s responsibility. Gemini will use good faith efforts to contact you to warn you prior to such suspension or termination. You may cancel your appointment for any reason, however, Gemini will charge you a cancellation fee, if you fail to cancel the Services at least 24 hours before your scheduled appointment. Gemini will not be in breach of its obligations or incur any liability for any losses or damages of any nature, if it is prevented from carrying out those obligations by a force majeure, or such losses or damages are caused by a force majeure.

5. REPRESENTATION AND GOVERNING LAW

Gemini Cleaning Service Inc. is registered in the State of New York and local laws apply to this organization. All disputes resulting from the use of the Services and Software and for which Gemini can be held liable, must be brought before the appropriate court in the New York State, which is declared competent to become exclusively acquainted with these disputes. These Terms and Conditions should be construed and enforced in accordance with the laws of the State of New York, without regard to conflicts of laws principles, in any litigation, arbitration or legal proceedings arising out of these Terms and Conditions.

6. INDEMNIFICATION

By entering into this Agreement and using the Software or Services, you agree to defend, indemnify and hold Gemini, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents, harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of cleaning services arranged via the Services or Software, or (c) your use or misuse of the Software or Services.

7. SERVICES, EMPLOYEES, DAMAGES AND LIMITATION OF LIABILITY

To make our Services best possible, Gemini invests all its efforts into recruitment, screening and training processes. Our employees are our most valuable assets. Hiring or propositioning (including cash agreements) any of our current employees or those who have worked for Gemini within a year of such hiring or propositioning will result in a recruitment fee of $2,000. You are additionally responsible for any further legal, investigation and collection fees that we incur in connection to such hiring or propositioning.

Gemini checks the background of its cleaning service providers via third party services; however, when interacting with our cleaning service providers you should exercise caution and common sense to protect your personal safety and property. GEMINI WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM YOUR USE OF THE SERVICES AND SOFTWARE.

If the conditions become unsafe or questionable, Gemini will immediately remove its cleaning service providers from your house/apartment/office without notice. You agree to fully disclose any information about any safety concerns or health hazards in your house/apartment/office e.g. pets and pet waste, firearms, mold, contagious diseases, any persons with serious mental illnesses etc. at the time of booking Gemini cleaning service provider.

Gemini follows Bureau of Labor Standards guideline recommendations for repetitive lifting limits and doesn’t allow its employees to lift or move items that are heavier than 25 pounds e.g. sofas, tables, large rugs, appliances, construction debris, large boxes etc. Our employees will only clean higher areas, if you provide a step stool or a safe ladder for them to step on.

Gemini cleaning service providers arrive at your house/apartment/office equipped with microfiber and terry cloths, sponges and Mrs. Meyer's Clean Day household cleaning products (or similar) that are earth-friendly but made with plant-derived ingredients and essential oils that may cause allergies, therefore if you want us to use solely your own products, please leave them out in the kitchen area and inform us at the time of booking your appointment. If you want carpets/rugs vacuumed you, have to provide a vacuum cleaner or rent one from us, in advance and for an extra fee. YOU ACKNOWLEDGE AND AGREE THAT RISK ARISING OUT OF YOUR USE OF THE SERVICES AND SOFTWARE, AND ANY THIRD-PARTY SERVICES, PRODUCTS OR EQUIPMENT REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of Liability

Gemini’s aggregate liability for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected to the Services or Software, including but not limited to the use or inability to use the Services or Software shall not exceed the amount of five (5) times the cost of one Basic Service purchased by you from Gemini immediately preceding such claim.

Gemini cleaning service providers are trained to perform their work and conduct themselves at a professional level but accidents happen unexpectedly and unintentionally. Any damages, claims or losses must be reported to Gemini within 24 hours after completion or usage of the Services and Software. By ordering the Services with Gemini, you understand and agree that you or a third party authorized by you, must be available to inspect the Services within 24 hours of the Services completion. Claims for damages, losses or injury reported more than 24 hours after completion of Services will not be honored. We reserve the right to inspect any damages and make direct arrangements with professionals or specialists to repair any damages at our cost, if we agree to take responsibility for the alleged damage or loss.

Gemini will not assume responsibility for damages or loss of any merchandise, articles or property which value is greater than five (5) times the cost of one Basic Service. Gemini will only assume responsibility for damages, claims or losses (not to exceed the value greater than five times the cost of one Basic Service), if you can univocally establish that Gemini is responsible for such damages, claims or losses. Safely secure your heirlooms, irreplaceable collectibles, jewelry, money and any items which values are higher than the amount five (5) times the cost of one Basic Service. Gemini will not assume responsibility for damages, claims or losses that occur naturally or due to normal wear and tear. Gemini will not assume responsibility for damages, claims or losses that result from normal usage or appliances, faucets, showers, bathrooms, etc. You are responsible for informing Gemini of any fragile or special care items prior to the arrival of our cleaning service providers at your house/apartment/office. You must inform Gemini about any items that you do not want to be cleaned, washed, touched or moved or if such items require special care. If you have pets, you must provide specific instructions to Gemini as to where to keep or leave your pet after the Services are complete, if applicable.  Gemini will not be responsible for restoring any old, worn, stained, or broken items or areas e.g. appliances, grout, caulking, doors and trim, window treatments, furniture etc.

Gemini will use good faith efforts to provide you with good and reliable housekeeping and cleaning services. However, Gemini makes no representations or warranties that the quality of any products, services, or information purchased or obtained by you through the Services and Software will meet your requirements or expectations, that errors or defects in the Services or Software will be corrected, or the Services and Software are free of viruses or other harmful components. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the company.

8. SEVERABILITY

If any portion of these Terms and Conditions is adjudged by the appropriate court of law to be invalid, the remaining portion of the Terms and Conditions shall remain in effect.

Updated March 14, 2017

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