Terms of Service
This Terms of Service, sometimes referred to as Client Service Agreement, is made in San Diego County, California, by and between Anita’s Housekeeping Referral Agency (hereinafter referred to as “Anita’s”), and you (hereinafter referred to as “Client”). Client shall be the responsible party for all services provided at Client’s address (“Premises”).
ANITA’S is a referral agency in the business of assisting clients seeking domestic services and in registering domestic workers (“Service Providers”) for job referrals, in accordance with California Civil Code §1812.501(h). Anita’s operates in a manner consistent with the California Civil Code “Employment Agency, Employment Counseling and Job Listing Services Act.”
CLIENT has requested Anita’s services to identify potential Service Providers to provide domestic services to Client at Premises. Anita’s Housekeeping Referral Agency is not the employer of the domestic worker it referred to you. The domestic worker may be your employee or an independent contractor depending on the relationship you have with him or her. If you direct and control the manner and means by which the domestic worker performs his or her work you may have employer responsibilities, including employment taxes and workers’ compensation, under state and federal law. For additional information contact your local Employment Development Department and the Internal Revenue Service.
TERMS AND CONDITIONS
The following is agreed upon by and between Anita’s and Client:
- Referral Service: This agreement shall be binding upon the parties hereto and shall not include any third party nor shall Anita’s be a party to any agreement entered into between the Client and any Service Provider. Anita’s will verify a Service Provider’s legal status and authorization to work prior to being referred to Client in accordance with procedures established under Federal law. While Anita’s makes every effort to find a suitable Service Provider according to Client’s specifications, Client acknowledges that the final decision to engage a referred Service Provider must be based strictly upon Client’s assessment of suitability and not solely upon any recommendation made by Anita’s.
- Payment: Payment is due at the time service is scheduled. Client agrees to provide Anita’s with a valid credit card to keep on file for billing. Client is responsible for and agrees to pay Anita’s for the full cost (“Total Service Fee”) of Client’s requested services, which includes Service Provider’s service fee and Anita’s referral fee. The referral fee charged by Anita’s for its referral services shall be reasonable, negotiable and based on a fixed percentage of the job cost. Job cost is the same as Total Service Fee. Client agrees to pay Anita’s Referral Service Fee for as long as Client continues to engage or otherwise utilize Service Provider’s services. It is further understood and agreed that:
- The Service Provider is free to negotiate with Client the amount of Service Provider’s service fee;
- Anita’s is not obligated to pay Service Provider any fees if Client fails or refuses to pay for the services;
- Anita’s is authorized to place a hold on Client’s credit card in advance of the domestic services being rendered in an amount up to two times the estimated Total Service Fee. Client assumes responsibility for notifying Anita’s of any schedule changes to ensure proper billing;
- All fees are non-refundable, earned in full, and due and payable according to the terms of this Agreement;
- If any fees or portions thereof are not paid when due, Anita’s will charge interest on the unpaid amount of the fee. Interest will be calculated by multiplying the unpaid balance by the periodic rate of 0.028% per day. The unpaid balance will bear interest until paid. If Client’s account is turned over to any agency or firm for collection, all fees and interest, including but not limited to attorney’s fees and costs, incurred relating to the collection activity will be added to Client’s original balance and become payable to Anita’s according to the terms of this Agreement;
- Client will reimburse Anita’s for any charge Anita’s incurs if Client’s payment is returned or refused for any reason;
- Anita’s makes no guarantee as to the continued availability of any Service Provider.
- Cancellation Policy: If Client fails to notify Anita’s at least two (2) hours prior to the scheduled start time of the domestic service, Client will be charged 100% of the estimated Total Service Fee. If Client cancels or reschedules a service more than 2 and less than 48 hours prior to the scheduled start time of the domestic service, Client will be charged 50% of estimated Total Service Fee.
- Lock Out or No-Show: It is the responsibility of Client to ensure access to Premises for cleaning. If Service Provider is unable to enter Premises at the scheduled start time of the service, Client will be charged 100% of the Total Service Fee. Service Provider may be unable to wait for other arrangements to be made at the time of the scheduled cleaning service or for Client to return home to provide access to the Premises. Any issues with Client’s concierge services are the responsibility of the Client.
- Performance by Service Provider: It is the sole responsibility of Client to approve the work performed by Service Provider at the completion of the service. If Client is not fully satisfied with Service Provider’s service, Client must contact Service Provider directly. If Client fails to contact Service Provider within 24 hours after completion of the service, Client releases Anita’s of any responsibility and liability. Anita’s does not offer any discounts or refunds for services provided by Service Provider.
- 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 Anita’s of the scheduled services. Should services commence or additional services be provided without informing Anita’s, Client agrees to pay Anita’s $5,000 as a finder’s fee. Client understands and agrees that, to the maximum extent allowed by law, all information and materials about Service Providers referred by Anita’s are to be kept strictly confidential and are to be used only in conjunction with Anita’s referral services. Client agrees not to refer to others any Service Provider presented by Anita’s without full consent of Anita’s. If Client provides Service Provider’s information to another party who hires or otherwise engages a referred Service Provider without compensating Anita’s in full for the referral, Client will be responsible for paying Anita’s Referral Service Fee as stated in this Agreement as if Anita’s had placed the referred Service Provider with Client.
- Supplies: All materials, equipment, tools, and supplies to be consumed and used in the performance of services by the Service Provider shall be provided by the Service Provider and/or Client and are not provided by Anita’s. The Service Provider is free to negotiate with Client any changes to the domestic service regarding whose materials, equipment, tools, or supplies are to be consumed and used by Service Provider. Anita’s will not assist, advise, lease, or provide any materials, equipment, tools, and supplies needed by Service Provider to perform cleaning or other domestic services to Client.
- Performance of Services: Service Provider represents that he or she possesses the qualifications, ability and experience to perform all services requested by and rendered to Client without the advice, control or supervision of Anita’s. Service Provider shall be solely responsible for satisfactory performance of services to be rendered to Client and shall receive no assistance, direction or control from Anita’s. Together, Service Provider and Client shall determine the degree of discretion and control of the work and the manner and means in which it is performed by Service Provider. Anita’s provides no training, evaluation or advice of any type to Service Provider regarding performance of services to Client.
- Breakage or Damage: Should damage, breakage or theft occur during the service, Service Provider is responsible for all damages as a result of his or her actions. Client should remove any personal items valued over $100 per item from the areas where Service Provider will be working. Client agrees and understands that Service Provider referred by Anita’s is acting as an independent domestic worker and Anita’s accepts no responsibility for any negligence or willful misconduct on the part of Service Provider selected by Client. Client expressly waives any claims against Anita’s for any acts or omissions by Service Provider.
- Complaints: Service Provider assumes full responsibility for Client’s satisfaction regarding all work performed and services delivered to Client. In the event Client communicates a complaint regarding the quality of services rendered, work performed, breakage, theft, or any other problem occurring while Service Provider rendered service, it is the sole responsibility of Service Provider to resolve the problem directly with Client. If any such complaints or concerns are received by Anita’s, Anita’s agrees to promptly inform Service Provider in order for him or her to resolve the matter directly with Client. Anita’s shall not be liable, and Client agrees to indemnify Anita’s from and against any claims, losses, costs, fees, liabilities, damages, or other injuries that arise as a result of Service Provider’s actions or unsatisfactory performance.
- Independent Service Provider: Anita’s is not the employer of the Service Provider referred to Client. Client acknowledges that he or she 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 State and/or Federal employment taxes incurred during and throughout the course of the engagement. In addition, Client acknowledges that Anita’s shall not be liable, and Client agrees to indemnify Anita’s from and against any claims, losses, costs, fees, liabilities, damages, or injuries arising out of Client’s failure to pay any such taxes.
- Acceptance of Terms: Client understands and agrees that Client’s engagement or utilization of the services of a Service Provider referred by Anita’s will constitute Client’s acceptance of the terms and conditions of this Agreement even if Client does not return this executed Agreement to Anita’s.
- Termination: The relationship between Service Provider and Client may only be terminated by one of those parties, and not by Anita’s.
- Indemnification: Client agrees to indemnify, defend and hold Anita’s, its owners, agents, employees, officers, directors, representatives, attorneys, and affiliated persons or entities harmless from and against any and all claims, demands, losses, costs, expenses, obligations, fees, and costs that Client may incur or suffer as a result of, or in relation to, any breach of this Agreement, or omission(s), negligence, conduct, or misconduct by Anita’s. Except as expressly stated in this Agreement, Anita’s assumes no liability or responsibility for, and makes no express or implied guarantees, representations or warranties about any information, material, services, or referrals it provides to Client. Client’s use of Anita’s is at her or his own risk. Additionally, Anita’s does not employ or exercise control or discretion over Service Provider or any person or entity to which Anita’s refers to Client and disclaims all responsibilities for such individuals’ conduct, misconduct, negligence, or omissions. In no event shall either party to this Agreement be liable to the other party to this Agreement for consequential, incidental, exemplary, punitive, special, or indirect damages of any kind. Further, except for Client’s duty to indemnity, defend and hold Anita’s harmless, a party’s aggregate liability for damages of any kind under this Agreement shall be limited to the amount of the Referral Service Fee(s) received by or owed to Anita’s from Client (whichever is greater) during the 90 days prior to termination of Anita’s service with Client. If any waiver, exclusion or limitation of damages is not permitted by law, the parties’ liability to each other is limited to the maximum extent permitted by law.
- Attorney’s Fees: Client agrees to pay all reasonable costs, including, but not limited to, attorney’s fees incurred by Anita’s to enforce any provision in this Agreement.
- Governing Law/Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of The State of California. Any action or proceeding commenced regarding this Agreement or the subjects herein shall be brought in San Diego County, California.
- Representations: This Agreement is entered into by Anita’s and Client without reliance upon any statement, representation, promise, inducement, or agreement not expressly contained herein. This agreement constitutes the entire agreement between Anita’s and Client and supersedes all prior oral and written agreements between Anita’s and Client with respect to the subjects covered in this Agreement. This Agreement shall not be amended or modified except in a mutually agreed upon writing signed by Client and Anita’s authorized representative expressly stating an intent to modify or amend this Agreement.
- Severability: If any part of this Agreement is held by a court or arbiter of proper jurisdiction, to be void or unenforceable, the remaining provisions will not be affected, and will continue in force. Either party may terminate this Agreement with written notice to the other party at any time. However, to the maximum extent provided by law, Anita’s in its sole discretion may terminate the Agreement immediately, verbally and without notice if Client fails to pay Anita’s fees when due pursuant to this Agreement. Client agrees to pay Anita’s all fees, charges and costs due in full at the time of the Agreement’s termination.
- Reviews of Service Provider: Client agrees that any public review of the services provided by Service Provider shall refer only to Service Provider. Client agrees not to refer to Anita’s in any review of Service Provider and shall be held liable for damages incurred by Anita’s.
- Photo Release: Client agrees to allow Service Provider to use photos taken in Client’s home to verify the service provided, and for print and internet marketing, provided Service Provider does not publish any photos that portray personally identifiable information.
- Consent to Electronic Communication: By using Anita’s, Client consents to receiving electronic communications from Anita’s. These communications may include notices about Client account and information concerning or related to Anita’s service. Client agrees that any notices, agreements, disclosures, or other communications that Anita’s sends to Client electronically will satisfy any legal communication requirements, including that such communications be in writing.
- Consent for Use of Electronic Signatures: The parties agree that this Agreement may be signed electronically. The parties agree that the electronic signatures appearing on this Agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. Client has the right to withdraw Client’s consent to sign electronic documents with electronic signature by contacting Anita’s Housekeeping Referral Agency. The legal validity and enforceability of the electronic documents, signatures and deliveries used prior to withdrawal of consent will not be affected. In other words, all prior electronic signatures shall be fully valid and enforceable.
- Contact Information: If you have any questions regarding this Agreement, please contact us at [email protected] or by mail at the address below:
Anita’s Housekeeping Referral Agency
7690 Soquel Dr, Suite B 176
Aptos, CA 95003
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE CLIENT SERVICE AGREEMENT AND AGREE THAT MY USE OF ANITA’S HOUSEKEEPING REFERRAL AGENCY IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Last updated: January 10, 2023