Terms and Conditions

TERMS OF USE

Orchid House Cleaning INC is a New York limited liability company that provides a digital marketplace platform connecting customers with independent residential and commercial cleaning service providers in the New York City area. Orchid House Cleaning operates as a referral-based service, enabling customers to connect with third-party providers who deliver cleaning services under their own business names and licenses.

Orchid House Cleaning, INC, and its respective parents, subsidiaries, licensees, and affiliates are collectively referred to herein as “Orchid” or “Orchid House.”

ACCEPTANCE OF TERMS

The Orchid House Cleaning internet site available at www.orchidhousecleaning.com, all related sites, platforms, and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications (collectively, the “Sites and Services“) are owned and operated by Orchid House Cleaning and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS OR USE THE SITES AND SERVICES.

MODIFICATIONS OF TERMS OF USE

Orchid House Cleaning may, in its sole discretion, modify these Terms of Use at any time, effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide Orchid House Cleaning notice to remove you from any distribution lists or other communication lists that are available to you through your use of the Sites and Services.

YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.

USE OF THE SITE AND SERVICES

Subject to full compliance with these Terms of Use, Orchid House Cleaning grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Sites and Services for your personal use. You agree not to access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of Orchid House Cleaning. Orchid may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at its sole discretion for any or no reason, at any time and with or without notice. Orchid House Cleaning will not be liable to any user or other third party for any such modification, update, suspension or discontinuance.

Orchid House Cleaning primarily operates as a referral service connecting users with third-party cleaning service providers (“Service Providers”). You acknowledge and agree that the Services purchased by you may be provided by Service Providers and that such Service Providers are independent contractors and not employees of Orchid House Cleaning. To the extent you purchase any goods and/or services from Orchid, you agree to pay for all goods and services ordered from Orchid and/or its Service Providers. Orchid House Cleaning is responsible for collecting payment from you and resolving any disputes in accordance with the terms set forth herein. Materials provided by Service Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Orchid House Cleaning. Orchid does not provide, sell, license, or lease any such materials.

USER CONDUCT

As a condition of your access and use of the Sites and Services and your submission or access to any communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Orchid House Cleaning.
By way of example, and not as a limitation, you agree not to:

Intentionally or unintentionally violate these Terms of Use, other applicable agreements with Orchid, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
Use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
Use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
Reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Orchid House Cleaning, which consent may be withheld at our sole discretion;
Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
Harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Orchid House Cleaning, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
Knowingly provide or submit false or misleading information;
Use the Sites and Services if you are under the age of eighteen (18);
Take any action that would undermine the review and rating process under the Sites and Services;
Attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
Use the Sites and Services in any way that could interfere with the rights of Orchid House Cleaning or the rights of other users of the Sites and Services;
Attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Orchid House Cleaning by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
Sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
Transmit or submit any transmission or other materials that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
Access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process), or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
Probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Orchid House Cleaning, including any Orchid account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Orchid House Cleaning and provided for by the Sites and Services.

RULES PERTAINING TO ORCHID HOUSE SERVICES

When using, accessing, or purchasing particular services or features of the Sites and Services, you will be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use. In addition, you agree to the following when requesting and purchasing services via the Sites and Services:

If for any reason you are not satisfied, please inform us within 24 hours of your cleaning and we will re-clean the area. Orchid House Cleaning takes all of its customer’s concerns very seriously and we will make every effort to address those concerns at the customer’s earliest convenience. Orchid does not offer refunds but will re-clean the premises as provided herein or credit your account with Orchid House to be used for future services.
Orchid House Cleaning is committed to our customer’s satisfaction and we strive to resolve all concerns before they become problems. If any issues should arise during a service, please call our office immediately at (347)260-4723 so that we can rectify the situation. This includes communication issues, major changes to cleaning instructions, and requests to significantly extend a cleaning service beyond the estimated number of hours. We are happy to accommodate our customers’ needs whenever possible.
Orchid House Cleaning may elect to accept electronic debit, ACH and/or all major credit cards for payment. For payments made by electronic debit, ACH, or credit card, an authorization may be made prior to service. Please refer to your bank or card issuer for their terms of service regarding such authorizations. You authorize Orchid House Cleaning to retain banking and credit card information to charge recurring and/or mutually agreed upon fees. Orchid may ask for bank account and/or credit card information over the phone as opposed to through the Site and Services. Orchid may use a third-party service provider to consummate such transactions which are transmitted via an encrypted system. You authorize Orchid House and third-party service providers to deduct $1.00 (or such other nominal amount as necessary) from your account or credit card to verify the authenticity of the account which will be credited to or refunded upon final payment for services.
To allow us enough time to adjust route schedules, Orchid House requires 24-hours notice of a non-emergency cancellation. Cancellations made with less than 24-hours notice but at least 2 hours prior to the scheduled service are subject to a cancellation fee equivalent to Fifty dollars ($50.00 USD). Cancellations made with 2 or fewer hours’ notice are subject to a cancellation fee equal to the full booking cost of the scheduled services. If we’re unable to gain access to your service location at the appointed time, a lock-out fee equal to the full booking cost of the scheduled services will be charged. Please note that appointments have a one (1) hour window for arrival meaning Orchid House service providers will arrive within one (1) hour of the scheduled time of arrival.
Orchid House Cleaning relies on our customer’s honest descriptions of their needs and circumstances in order to quote estimates over the phone. If the service order was not appropriate, Orchid House reserves the right to decline the job at the door and charge a lost time & travel fee equivalent to one (1) hour of service.
You hereby grant Orchid House Cleaning the right to retain and use property information of the premises being cleaned including, without limitation, its address, lockbox codes, alarm codes, and parking information. You also grant Orchid House the right to photograph the premises such as before and after cleaning photos of the premises.
Payment is due at the time of the service. A credit card or other chargeback will result in an additional fee equivalent to one (1) hour of service (at the rate quoted at the time of purchase) plus any legal, collection, financing and recovery fees we incur as a result.
In addition to the other limitations on remedies set forth herein, you expressly agree to waive any right to contest any charge for services made by Orchid House Cleaning to your credit card or bank account. In the event you breach this term by submitting a dispute to your credit card provider or bank, you expressly agree that you will be liable for all costs and fees incurred by Orchid House Cleaning in connection with such dispute including, without limitation, attorneys’ costs and fees.

REGISTRATION INFORMATION

We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account.

As a condition of your use of the Sites and Services, you agree to:
(a) provide Orchid House Cleaning with true, accurate, current and complete information as prompted by Orchid’s registration forms when registering for or using the Sites and Services; and
(b) update and maintain the truthfulness, accuracy and completeness of such information.

You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password.

While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.

Submitting CONTENT

As a condition of submitting any Content or other materials to the Sites or Services, you agree that:

You grant to Orchid House Cleaning a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; grant to Orchid all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
You grant to Orchid House Cleaning all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
Your name and report information may be made available to the public and to the Service Providers on which you report;
You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Orchid House Cleaning, and others as described and otherwise contemplated in these Terms of Use;
You represent and warrant that each person identified, depicted, or shown in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use.

TERMINATION OF ACCESS

Orchid House Cleaning may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not to access or make use of, or attempt to use, the Sites and Services.

Furthermore, you acknowledge that Orchid House Cleaning reserves the right to take action — technical, legal, or otherwise — to block, nullify or deny your ability to access the Sites and Services. You understand that Orchid House Cleaning may exercise this right in its sole discretion, and this right will be in addition to and not in substitution for any other rights and remedies available to Orchid.

All provisions of these Terms of Use which by their nature should survive termination will survive the termination of your access to the Sites and Services, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

TRADEMARKS AND COPYRIGHTS

Orchid House Cleaning, and the Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Orchid House Cleaning in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

You should assume all Content and material made available on the Sites and Services is protected by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Orchid House Cleaning and/or its licensors and are protected by all United States and international copyright laws.

DELAYS AND ACCESSIBILITY

The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Orchid House Cleaning is not responsible for any delays, failures or other damage resulting from such problems.

USER FEEDBACK

Orchid House Cleaning appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested.

Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Orchid House Cleaning. In addition, none of the Submissions will be subject to any obligations of confidentiality and Orchid House Cleaning will not be liable for any future use or disclosure of such Submissions.

WARRANTIES AND DISCLAIMERS

YOU ACKNOWLEDGE THAT ORCHID HOUSE CLEANING HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: WHICH USERS GAIN ACCESS TO OR USE THE SITES AND SERVICES; WHAT EFFECTS THE CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES MAY HAVE ON YOU; HOW YOU MAY INTERPRET OR USE THE CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES; OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES. YOU RELEASE ORCHID HOUSE CLEANING FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT OR INFORMATION THROUGH THE SITES AND SERVICES.

THE SITES AND SERVICES MAY CONTAIN, OR DIRECT YOU TO SITES CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. ORCHID HOUSE CLEANING MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITES AND SERVICES, AND ORCHID HOUSE CLEANING WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SITES AND SERVICES. ORCHID HOUSE CLEANING MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

YOUR ACCESS AND USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER ORCHID HOUSE CLEANING NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ORCHID HOUSE CLEANING, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL ORCHID HOUSE CLEANING OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL ORCHID HOUSE CLEANING OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ORCHID HOUSE CLEANING OR THROUGH OR FROM THE SITES AND/OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

ORCHID HOUSE CLEANING WILL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ORCHID HOUSE CLEANING HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

THE SITES AND SERVICES MAY DISPLAY LINKS TO OTHER INTERNET SITES OR RESOURCES. BECAUSE ORCHID HOUSE CLEANING HAS NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT ORCHID HOUSE CLEANING IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ORCHID HOUSE CLEANING WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

Indemnity

You agree to indemnify, defend and hold harmless Orchid House Cleaning, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers (collectively, “Released Parties”) from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from:
(a) any violation of these Terms of Use by you;
(b) the inaccurate or untruthful Content or other information provided by you to Orchid House or that you submit, transmit or otherwise make available through the Service; or
(c) any intentional or willful violation of any rights of another or harm you may have caused to another. Orchid House Cleaning will have sole control of the defense of any such damage or claim.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ORCHID HOUSE CLEANING, ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ORCHID HOUSE CLEANING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), WITH RESPECT TO THE SITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO:
(A) THE USE OR INABILITY TO USE THE SITE AND SERVICES;
(B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITES AND SERVICES;
(C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT;
(D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITE AND SERVICES;
(E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY IN CONNECTION WITH OR THROUGH THE SITES AND SERVICES;
(F) ANY OTHER MATTER RELATING TO THE SITES AND SERVICES;
(G) ANY BREACH OF THESE TERMS OF USE BY ORCHID HOUSE CLEANING OR THE FAILURE OF ORCHID HOUSE TO PROVIDE THE SERVICES UNDER THESE TERMS OF USE; OR
(H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS).

TO THE EXTENT ORCHID HOUSE CLEANING, ITS OFFICERS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF USE OR THE USE OF THE SITE AND SERVICES, LIABILITY FOR DAMAGES WILL NOT EXCEED $100 IN THE AGGREGATE. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SMS Terms & Conditions

a. By opting into SMS communications through our website or other means, you agree to receive SMS messages from Orchid House Cleaning. These messages may include:

Conversation External

SMS Consent Communication:
The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

Types of SMS Communications:
If you have consented to receive text messages from Orchid house Cleaning, you may receive messages related to the following (provide specific examples):

Conversation External

Example: “Hello Mr./Ms. ……., this message is to inform you that your cleaner will arrive 15 minutes later. Reply stop to opt-out.”

Message Frequency:
Message frequency may vary depending on the type of communication. For example, you may receive up to 10 SMS messages per week

Example:
“Message frequency may vary. You may receive up to 2 SMS messages per week”

Potential Fees for SMS Messaging:
Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.

Opt-In Method:
You may opt-in to receive SMS messages from Orchid House Cleaing in the following ways:

By submitting an online form

Opt-Out Method:
You can opt out of receiving SMS messages at any time. To do so, simply reply “STOP” to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.

Help:
If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at (347)896-5546

Additional Options:

If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.

Standard Messaging Disclosures:

Message and data rates may apply.
You can opt-out at any time by texting “STOP.”
For assistance, text “HELP” or visit our Privacy Policy and Terms and Conditions pages.
Message frequency may vary

Breach of Terms of Use and Liquidated Damages

You understand that the content in each report or record on Orchid House Cleaning has significant value to Orchid. Thus, you will be liable to pay the actual damages suffered by Orchid House from any breach by you of these Terms of Use, including, but not limited to attorneys’ fees and court costs. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.

NOTICE

By use of the Sites and Services, you consent to receive electronic communications from Orchid House Cleaning (via email or via a posting on the Sites), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that Orchid House Cleaning may communicate any notices to you under these Terms of Use through electronic mail, regular mail or posting the notices on the Sites and Services.

All notices to Orchid House Cleaning will be provided by either sending:
(i) an email to contact@orchidhousecleaning.com; or
(ii) a letter, first class certified mail, to Orchid House Cleaning INC, New York, NY 10460 Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

ENTIRE AGREEMENT

These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Orchid House Cleaning. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Orchid House Cleaning regarding the subject matter contained in these Terms of Use.

GOVERNING LAW

These Terms of Use and the relationship between you and Orchid House Cleaning will be governed by the laws of the State of New York, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction.

You agree and consent to the exclusive jurisdiction of the state or federal courts located in New York County, New York, and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Orchid House may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sites and Services or these Terms of Use will be filed within one (1) year after such claim or cause of action arose or will forever be barred.

MISCELLANEOUS

If you breach any term of this Terms of Use or other agreement with Orchid House Cleaning, Orchid may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Orchid’s remedies are cumulative and not exclusive.

Failure of Orchid House Cleaning to exercise any remedy or enforce any portion of the Terms of Use at any time will not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

These Terms of Use are not assignable, transferable or sublicensable by you except with Orchid House’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Site and Services are responsible for compliance with all applicable regulations and laws.

No joint venture, partnership, employment or agency relationship exists between you and Orchid House Cleaning as a result of these Terms of Use or use of the Sites and Services. You acknowledge and agree that each of the Released Parties will be an intended third-party beneficiary of these Terms of Use.

CONTACTING US

If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Service, please contact us at contact@orchidhousecleaning.com. We will address any issue to the best of our abilities.