Safe N Clean LLC Terms & Conditions
1. RIGHT TO CANCEL: As this is a repair on real property, Client hereby voluntarily, knowingly, and fully waives their right to cancel this Agreement within three (3) business days pursuant to Fl. Stat. Sec. 501.025. This waiver of right provided hereunder is unconditional. Therefore, Safe N Clean shall be entitled to full payment Client receives from insurance company for all emergency services and Work performed regardless of whether a cancelation notice is provided before or after such services and Work are performed.
2. EVALUATION: The Client understands that the Free Evaluation that is offered and provided by Safe N Clean is not in any way to be considered to be a Mold Inspection or Mold Assessment. Safe N Clean technicians are licensed as Certified Mold Remediation Workers. Safe N Clean also holds a certification as Certified Mold Inspectors, however in the State of Florida, as Mold Remediation Workers, we are NOT ALLOWED TO PROVIDE MOLD INSPECTION. As such, Client understands that anything written, stated or inferred by any Safe N Clean employee, representative or manager concerning mold inspection or ascertaining mold presence is hereby rendered INVALID. Client understands that if they wish to receive a Mold Inspection (Mold Assessment) determination/service, they must hire a separate, Licensed Mold Inspector (Mold Assessor) who is not also providing Mold Remediation. Client agrees that Safe N Clean cannot be held responsible or liable in any way if there is any problem in the house, such as moisture or ventilation issues, etc., which is causing the mold problem. The Evaluation provided by Safe N Clean is for customer information only so that the Client can prepare the house for successful remediation treatment, by first handling the possible cause for mold.
3. PROCESS: Safe N Clean uses a patented process for mold remediation. It includes a fog application that is EPA approved to kill mold. It will fill the building killing all bacteria, viruses and mold that are growing on the surface, behind walls and air-born. Safe N Clean will then take an air quality mold-count test inside the property to compare to the air quality mold-count control sample taken outside of the property, so as to verify results. The area will need to be vacant for 4+ hours from the start time of service. Services will be performed at the at the billing address or service address if different from billing address on the invoice.
4. PERFORMANCE OF WORK: Client agrees and acknowledges that the supervision of all work performed under this Agreement shall be under the exclusive direction and control of Safe N Clean, including, but not limited to, the means, methods, techniques, sequences, procedures, contractors, and coordination of all Work. Safe N Clean and/or a subcontractor contracted by Safe N Clean shall do all Work on the Job Site. Client shall not interfere with Work, nor cause additional work to be carried out without the express written approval of Safe N Clean.
5. ALARM SYSTEMS / CENTRALIZED SMOKE DETECTOR ALARMS: Client is fully and solely responsible for disabling all alarms and smoke detectors prior to Safe N Clean arriving for treatment and enabling all alarms and smoke detectors after Safe N Clean has concluded treatment. If an alarm of any type on the property is activated during Safe N Clean’ treatment, and if the fire department is called out for such alarm, and charges the Client for their visit, Client understands and agrees that Safe N Clean is not responsible for paying any related charges or fees.
6. LIMITATION ON SCOPE OF AGREEMENT: The Estimate provided to Client by Safe N Clean, LLC, is simply an estimate of the work needed to remediate the Job Site. Additional Work may be discovered during the restoration that is necessary to substantially remediate the Job Site. Client agrees that Additional Work shall be completed only by entering into a separate estimate with Safe N Clean, of which the Terms and Conditions of this Agreement are incorporated therein by reference.
7. PAYMENTS: Client authorizes Safe N Clean to provide whatever labor and materials are reasonably necessary to perform the Work needed to preserve, protect, and secure the Job Site from further damage. Client understands that time is of the essence due to the nature of the Work and that Client's delay, interference or other, may cause greater damages to the Job Site at no fault of Safe N Clean. If a property insurance company is covering the cost of the Work, Client understands that Safe N Clean will bill to and receive immediate payment on day of delivery (prior to delivery being administered) directly from the Client. Client understands and agrees is the Client’s sole responsibility to obtain reimbursement from any property insurance company the Client is submitting to, for the Work. Client understands and agrees that the responsibility they solely hold to remit full payment of work provided by Safe N Clean at the billing address or service address if different from billing address listed on the invoice, is completely irrespective and not reliant on whether an insurance carrier remits reimbursement to Client or not. Client shall be liable to pay Safe N Clean for the Work on the same date the Work is completed, prior to work being started. Safe N Clean will accept cash, check, and all major credit cards. Deposits are non-refundable. Client understands that Safe N Clean retains the right to place a lien on the Job Site if Client refuses to pay for any work delivered, upon same day work is delivered. No language in this Contract shall affect Safe N Clean lien's rights. Client understands and agrees that it is the Client’s sole responsibility to remit full payment for Safe N Clean services. ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN.
IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUBSUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED, YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO CLIENT." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
8. WARRANTY: Safe N Clean residential services are guaranteed for a period of 1 year. Warranty is only valid if the entire property is treated at the same time. Warranty is void if any part of the property is not treated. The 1-year warranty is valid for one year from the job completion date. If at any time during the following 12 months, mold is found in the area of service at a greater density than the outside air, Safe N Clean will re-treat the property at no charge. Safe N Clean commercial services are guaranteed for a period of 90 days. Warranty is void if additional water (18% WC) or excessive humidity (65% or above) is introduced to premises after Safe N Clean’ treatment, i.e. ground water, broken pipe, appliance leak, roof leak, Air Conditioning/de-humidifier malfunction or non-operation, etc. or if any current water issues have not been fixed prior to Safe N Clean arriving for initial treatment. If warranty is used, all original sales invoice, must be presented to a Safe N Clean employee at the time of a secondary inspection. If the lab test taken after treatment indicates retreatment is necessary, and if it is also determined that the moisture-causing problem, which contributed to the mold problem, is still not handled, or if it is discovered that there were additional leaks, or moisture issues in the property which was not handled before Safe N Clean’ treatment of the property, Client understands and agrees that Safe N Clean reserves the right to charge between 50% and 100% of the original cost for re-treatment, at Safe N Clean’ sole discretion. If mold returns after treatment for any reason, Safe N Clean warranty is limited to just the re-treatment of the property. Client agrees that Safe N Clean is not responsible or liable, financially or otherwise, for any costs, fees, medical bills due to illness, or any other type of cost beyond the re-treatment of the property by Safe N Clean technicians.
9. GUARANTEE: Mold Services performed by Safe N Clean are guaranteed. After service is completed, and before the Safe N Clean technician leaves the job site, he or she will collect an air sample within the property to compare to an air sample taken outside of the property used as a control sample. These air samples will be sent to an independent 3rd party lab for detailed analysis. Once Safe N Clean receives a detailed report from the third-party lab, a Safe N Clean employee will forward the report on to the customer. Safe N Clean guarantees that the indoor mold count will be at or below outdoor mold count. Safe N Clean guarantee is solely applied to the effectiveness of treatment as determined by lab reports from nonviable air quality samples taken at the property. Safe N Clean does not place a guarantee on the health, bodily condition or physical well-being of Client(s) or any other person, pet, animal, etc. on the property in any way. Client agrees to indemnify and hold harmless Safe N Clean from any and all claims related to health-related issues of any persons or animals associated with the property or Job Site.
10. REQUIRED HEALTH DISCLOSURE AND DISCLAIMER OF LIABILITY: Client understands and acknowledges that if not promptly and properly addressed, the Job Site may become biologically contaminated, may result in greater structural damage, or may become a ''sick" building which presents serious health hazards. Client agrees to disclose to all occupants of the Job Site that mold, fungus, sewage, water damage, use of antimicrobial products, mold or biological contamination may lead to serious health effects, including, but not limited to, toxic, allergic, infectious, and inflammatory illnesses. Client agrees to the use of antimicrobial agents on the Job Site and understands it is beyond the expertise of Safe N Clean to determine if someone is sensitive to its application. Safe N Clean shall not give medical advice and Client agrees not to rely on any statement made by Safe N Clean, its employees, affiliates, agents, or representatives, that may be interpreted as medical advice. Client agrees to indemnify and hold harmless Safe N Clean from any and all claims related to injuries of any persons associated with the property or Job Site.
11. LIMITATION OF LIABILITY: Client agrees to indemnify and hold harmless Safe N Clean from any and all claims arising under this Agreement, including, but not limited to, errors, omissions or the like in the restoration process. Furthermore, any damages due by Safe N Clean shall be limited to Safe N Clean profits in the Work under this Agreement and no other assets of Safe N Clean shall be attachable or otherwise, as permitted by law. Safe N Clean owners, managers, employees, members, affiliates, or partners, shall not be personally liable for any deficiency or damages hereunder and Client shall not attempt to seek recourse against the individual members, managers, investors, planners, directors, or officers, of Safe N Clean for any reason. In no event shall Safe N Clean ever be liable to Client for any indirect, special, punitive, or consequential damages, loss of profits or the like. CLIENT ACKNOWLEDGES THAT SAFE N CLEAN IS ENTERING INTO THIS AGREEMENT IN RELIANCE OF THE ABOVE LIMITATIONS AND WAIVERS AND WOULD NOT ENTER INTO THIS AGREEMENT OTHERWISE. ANY WARRANTY OR WARRANTIES, OTHER THAN WHAT IS STATED HEREIN, WHETHER EXPRESSED OR IMPLIED, ARE DISCLAIMED BY SAFE N CLEAN AND WAIVED BY CLIENT. UNLESS OTHERWISE PROHIBITED BY STATE LAW. CLIENT ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT ALL WARRANTIES, EXPRESSED OR IMPLIED, CREATED BY STATE OR FEDERAL LAW, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE ARE HEREBY SPECIFICALLY DISCLAIMED BY SAFE N CLEAN AND WAIVED BY CLI ENT.
12. THIRD PARTY CONTRACTORS MAKING TEMPORARY OR PERMANENT REPAIRS: The Client must hire a separate, 3rd Party contractor to inspect and repair the source of the moisture causing the mold problem. Safe N Clean may assist the Client in locating a 3rd Party Contractor to provide repairs, however in doing so, Client hereby understands and agrees that Safe N Clean is not liable in any way for the work of the 3rd Party, provides no warranty on their service, whether expressed or implied, and is not liable for any incurred costs or damages by and from the 3rd party contractor.
13. RIGHT TO CURE: Florida Statutes Chapter 558 contains important requirements Client must follow before Client may bring any legal action for an alleged construction defect in Client’s property. Sixty days (60) before Client brings any legal action, Client must deliver to the other party to this Agreement a written notice referring to Chapter 558 of any construction conditions Client alleges are defective and provide such person the opportunity to inspect the alleged construction defect and to consider making an offer to repair or pay for the alleged construction defect. Client is not obligated to accept any offer that may be made. However, there are strict deadlines and procedures under this Florida law which must be met and followed to protect Client's interests.
14. FLORIDA HOMECLIENTS' CONSTRUCTION RECOVERY FUND: PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOME CLIENTS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: CILB Recovery Fund, 190 North Monroe Street, Suite 60, Tallahassee, FL, 32399; Telephone number: 850-487-1395.
15. HAZARDS ON JOB SITE: Client acknowledges that a mold remediation site contains dangerous conditions that sometimes are hidden, latent, or not readily observable. In the event Client enters upon the property during the period Work is being performed, and until such time as Safe N Clean has fully signed off the job and has received a passing sample back from the 3rd Party Lab, Client assumes all risk of loss or damage, including personal injury or death, caused by any condition of the property, the Work or any occurrence thereon. Client agrees to indemnify, defend and hold harmless Safe N Clean against all claims, losses, costs, damages (direct, indirect, special, consequential and punitive), or expenses of whatever nature, including reasonable attorneys' fees, arising out of any such condition.
16. ATTORNEY FEES: In the event any action is brought by either party to this Agreement against the other to enforce the obligations hereunder, the losing party in such action shall pay to the prevailing party reasonable attorney's fees and costs which shall be fixed by the court.
17. INDEPENDENT PROMISES: Safe N Clean and Client specifically agree that the obligations of Client hereunder, including, without limitation, the obligation to make Payments, and the obligations of Safe N Clean, are independent and not mutually dependent covenants, and that failure of Safe N Clean to perform any obligation hereunder shall not allow Client to withhold Payment due, perform any obligation of Safe N Clean hereunder, offset the cost of the same against Payments due, or terminate this Agreement, except as expressly provided herein.
18. SEVERIBILITY: In the event any provisions hereof should be declared by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason whatsoever, such illegality, unenforceability or invalidity shall not affect the remainder of this Agreement.
19. PROMOTIONAL MATERIALS: Client further authorizes Safe N Clean to take photos and videos of the Work inside and outside of the property. Client authorizes Safe N Clean to use such photos and videos for commercial advertising purposes in any form of print, online or digital media. The Client understands that such photos and videos may capture and include anything visible inside or outside of the property including recognizable images of people in the property or on the site at the time of image capture, and Client fully authorizes images/videos which include theirs and anyone else’s likeness on the property to be used in advertising as stated above.
20. CLIENT’S ACKNOWLEDGEMENTS: Client certifies that they have read each and every part of this Agreement and any related addenda and that this Agreement constitutes the entire agreement and understanding between Client and Safe N Clean. Safe N Clean, or any of its salespersons or other agents, solicitors or employees has made no other agreements, promises, representations or warranties, as expressly stated in this Agreement. No other promises by any other person are binding upon Safe N Clean, unless stated in this Agreement. This is intended to be a legally binding contract between all parties, their successors and/or assigns.