These Terms and Conditions, together with the privacy policy available at www.wizcleaners.com/privacy-policy (“Privacy Policy”) and the rules, policies, terms, and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Agreement”.
This Agreement constitutes a legal agreement between you (“you”, “Requestor”, “Customer” or “User”) and Wiz Cleaners LLC and its affiliates, parents, and subsidiaries (collectively, “Company,” “we”, “Wiz Cleaners”, or “us”). This Agreement governs your use of our platform and services that facilitate communications between Users offered through our website located at www.wizcleaners.com as it may be modified, redirected, and/or relocated at any time (the “Site”). Our services, site, platform, and apps are collectively referred to as the “Wiz Cleaners Platform”.
By accessing, registering, or using with the Wiz Cleaners Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Wiz Cleaners Platform. Wiz Cleaners’ acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.
By using the Wiz Cleaners Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
Below are our service terms and policies, which are intended to ensure quality, safety, and consistency in our work. Wiz Cleaners which own this site and operates this site reserve the right to change this site and these Terms and Conditions, and Policies at any time without notice to you by posting such changes to this website. The most recent edition of these Terms and Conditions can be accessed by clicking on the hypertext link “Terms and Conditions” located at the bottom of this website’s home page. Please read carefully. By using the Wiz Cleaners Platform, you agree to abide by the following policies and procedures:
1. Terms of Service Agreement
Cancellation of Services: Wiz cleaners understand that stuff comes up suddenly in your life. So, if it is necessary to cancel or reschedule your scheduled service, Wiz Cleaners requires 24 business hours notice. If Wiz Cleaners received less than 24 business hours notice, or if we cannot access the home, it will be necessary to charge you half of the price of your cleaning. All future cleanings will remain unchanged.
• Please contact us directly for schedule or service changes.
• Termination of service(s) or plans must be by email at info@wizcleaners.com
• Wiz Cleaners plans, and recurring services, are priced at a discounted rate. Should you choose to cancel after only one cleaning, please note that our regular one-time cleaning charges will apply, and additional fees may be charged depending on the plan or service.
Payment for Services
• Full payment is required prior to commencing service.
• Wiz Cleaners accepts payment in the following forms: Check, Cash, Mastercard, Visa, American Express, and Discover. Charges may include other applicable fees or processing fees. Please make checks out to Wiz Cleaners LLC. Should a check be returned, a $35.00 fee will be charged to your account for each returned check. There will be a $75.00 fee, plus any court costs, attorney fees in addition to the balance due, for any account we must refer to collections. We do not accept postdated checks.
• A valid credit or debit card must be kept on file. If you are paying regularly by check or cash, and no one will be home on the day of your scheduled cleaning service, payment must be left on the counter. If we arrive to clean and there is no payment, we will immediately contact you. If you are not available, we will attempt to process the credit or debit card on file. If we are unable to contact you and are unable to charge the credit or debit card on file, we will need to reschedule your appointment, and you will be charged a cancellation fee of $99.
Credit or debit cards kept on file will be charged before the scheduled Professional Service, we will charge the Requester’s credit card according to the amount the Requester has agreed to on the Wiz Cleaners Platform regarding those Professional Services, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Professional Service, and the Requester hereby authorize us to charge the credit card on file for such amounts. We will use third-party services to process credit card information. By accepting this Agreement, you are giving Wiz Cleaners (or a third-party payment processor on Wiz Cleaners behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Wiz Cleaners. Depending on the transaction you selected, or services requested, Wiz Cleaners may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Wiz Cleaners at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester’s credit card for an ordered or completed Professional Service transaction. No refunds or credits will be provided once the Requester’s credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit cards and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided. If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Wiz Cleaners or third parties, then Wiz Cleaners may withhold any payments to you for as long as we determine any related risks to Wiz Cleaners, or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
Recurrent Service with Automatic Renewal and Recurring Charges
Recurring Service: When requesting certain Professional Services, Requesters may have the option of choosing that the Professional Service be repeated regularly (“Recurrent Service”). For example, a Requester may select that cleaning is performed every two weeks. When a Requester selects a Recurrent Service, the Wiz Cleaners platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Wiz Cleaners cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.
Billing, Recurring Charges, and Automatic Renewal: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. Thereafter, Requester’s agrees to pay for the Professional Service that will automatically renew, and Requester’s credit card will be charged the amount, as originally disclosed to Requester at the time of signing up for the recurring service, in advance of each automatically scheduled Professional Service appointment, as well as for any applicable cancellation fees and taxes.
Cancellation of Automatically Renewing Recurring Service: Requesters may cancel the automatically renewing Recurrent Service at any time by contacting our office at (305) 874-0260.
Wiz Cleaners Quality Guarantee
It is our priority to assure quality service is given the first time. If you are not content with the quality of the initial service requested and provided by Wiz Cleaners, notify us within 24 hours. Wiz Cleaners will send an expert to re-clean at no additional charge to the customer. Re-cleans are used for particular problem areas and are not used as a full cleaning.
Valuables/Breakage/Loss: If you decide that you want us to clean items inside curio cabinets, items of monetary/essential value, or move furniture to clean behind them then the following release of liability will be applicable: Customer hereby releases Wiz Cleaners from all liability arising out of cleaning or moving these items. The customer understands that he/she is completely responsible for repairing or replacing any damaged item or items, even if Wiz Cleaners may have caused the need for repair or replacement. Wiz Cleaners is bonded and insured. Our Liability limits are set to cover the breakage/loss that occurred. If you notice any breakage or loss, we must be notified within forty-eight (48) hours of service. If a claim is not reported within forty-eight (48) hours of the Professional’s completion of the Professional Service, the claim is ineligible. We still encourage all incidents to be reported in order to improve work performance. For Recurring Services, each Professional Service is treated as a separate occurrence.
If you carry insurance that would cover you in the event of a claim, such as a renter’s insurance, homeowner’s insurance, automobile insurance, or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary, and the Wiz Cleaners Guarantee is secondary. The Wiz Cleaners Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted.
Quality Control
Our quality control system consists of email or text message requests for feedback after each visit. We value your opinions, and your feedback is essential for us to serve you better. We need your input on the overall experience and quality you are receiving so that we may address issues that are important to you. We will correct or address any issues we are made aware of. Please take a moment to visit our Contact Us page on www.wizcleaners.com to provide your comments.
General: By using the Wiz Cleaners platform, you expressly consent and agree to accept and receive communications from us, including via fax, text (SMS) messages, calls, push notifications, and other reasonable means at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the services set forth on the Wiz Cleaners Platform, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing-related communications. By consenting to be contacted by Wiz Cleaners, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of Wiz Cleaners, its affiliates, subsidiaries, parents and/or Users/Professionals, including but not limited to operational communications concerning your account or use of the Wiz Cleaners Platform or Services, updates concerning new and existing features on the Wiz Cleaners Platform, communications concerning promotions run by us, and news concerning Wiz Cleaners and industry developments. For certain Professional Services, you also expressly authorize Wiz Cleaners to send you an automated prerecorded call confirming your Professional Services request, along with calls from up to four Professionals that can help you with your request to the landline or mobile phone number you provided, and you understand that either Wiz Cleaners or the Professionals may use automated phone technology (including auto dialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. You agree that by using the Wiz Cleaners Platform and requesting Professional Services, you are entering into a business relationship with Wiz Cleaners and/or Professionals and thus agree to be contacted by Wiz Cleaners and/or Professionals. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Wiz Cleaners Platform or the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive the cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from Wiz Cleaners at any time.
Emails: Wiz Cleaners may send you a confirmation and other transactional emails regarding the Professional Services. Wiz Cleaners and its affiliates, subsidiaries, parents may also send you emails about other services that, we think, might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
Recording: You acknowledge that Wiz Cleaners or its third-party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to Wiz Cleaners’ use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Professional or Requestor using a telephone number provided by Wiz Cleaners. During this process, Wiz Cleaners and its service provider will receive in real-time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Wiz Cleaners’ use and disclosure of this call data for its legitimate business purposes.
Provisions Specific to Text Messaging: Generally: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g., cart reminders) from Wiz Cleaners, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. Wiz Cleaners reserves the right to alter the frequency of messages sent at any time, to increase or decrease the total number of sent messages. Wiz Cleaners also reserves the right to change the short code or phone number from which messages are sent, and we will notify you when we do so. Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Wiz Cleaners, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our short code or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our short code or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Wiz Cleaners and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Wiz Cleaners through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from Wiz Cleaners and the Service Professionals, your use of Wiz Cleaners Services may be impacted. Wiz Cleaners and its affiliates may view, store, access, and disclose messages exchanged between you and consumers transmitted via Wiz Cleaners messaging platform. Text the keyword HELP to our short code to return customer care contact information.
False Information: TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO WIZ CLEANERS AND THE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOMEONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO WIZ CLEANERS AND EACH PROFESSIONAL WHO PROVIDES SUCH PROFESSIONAL SERVICES, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF WIZ CLEANERS AND EACH OF THE AFFECTED PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.
Employee Solicitation
When entering into an agreement for services with Wiz Cleaners, you agree not to solicit for hire any past or present expert(s) introduced to you by Wiz Cleaners for any home-related services outside your agreement with Wiz Cleaners. If you are found to have solicited one of our staff members, please be advised that our referral/training fee is $2,500 for damages. This fee is due within 30 days of notification from Wiz Cleaners. If the fee is not paid, Wiz Cleaners reserves the right to pursue other methods of collection. Your expert(s) will also be immediately terminated.
Our Service Rate
The rate for a Professional Service (“Service Rate”) as determined by Wiz Cleaners depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. During each visit, we assume similar levels of organization and build-up. If the amount of work that is involved or the clutter to handle changes, we will contact you and reassess our prices as needed. Wiz Cleaners reserves the right, at its sole discretion, to update or adjust the customer rates at any time.
Service Limits
It is to the customer’s advantage to have the home picked up as much as possible allowing us to be able to get to all areas so that we can optimize your cleaning. If such areas/surfaces are cluttered at the time of cleaning, your expert(s) will clean around those areas and you will be notified. Our cleaning experts do not climb higher than the company’s two-step ladder.
We are not a restoration company and cannot perform certain services due to insurance and safety concerns. In an effort to be transparent and informative as possible, some things that we don’t offer include, but aren’t limited to:
• Disassembling light fixtures
• Disassembling seals on shower doors
• Disassembling furniture to clean it
• Disassembling any appliance (besides oven racks and fridge shelves)
• Lifting or moving heavy furniture over 15 lbs.
• Lifting or moving large fragile items
• Removing permanent stains from furniture, floors, cabinets, carpets, etc.
• Carpet steam cleaning
• Washing the walls
• Exterior window cleaning (2-story + homes)
• Hand-scrubbing or steam cleaning floors
We are not an extermination or mold/biohazard remediation company and cannot provide services in residences that show evidence of hazardous situations. We reserve the right to refuse to clean (or immediately stop cleaning) if there are signs of the following problems, and we must charge our lock-out fee of 50% of the scheduled cleaning. This is not an exhaustive list.
• Pest infestation – cockroach, bedbugs, fleas, etc.
• Animal infestation – birds, mice, rats, bats, etc.
• Excessive/Uncontrolled Mold Growth
• Human waste, blood, and bodily fluids
• Hoarding
• Another hazardous situation
Special Promotions/Credits/Vouchers
Referral Credits: If you are given a code through which you may refer a friend to the Wiz Cleaners in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the number of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting, or bulk email to disseminate such code. You may only share such code with your close friends and acquaintances for legitimate referral purposes, as determined by us at our sole discretion. Wiz Cleaners referral credits are redeemable only for Wiz Cleaners Services. Wiz Cleaners referral credits have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this section. For questions or additional information, contact us at info@wizcleaners.com.
Promotional Credit: Wiz Cleaners may from time to time provide certain promotions. All promotions will be run at our sole discretion and can be activated, modified, or removed at any time by us without advance notification.
• Promotional credit is only eligible for the specific services designated by Wiz Cleaners. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. Wiz Cleaners reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
• Wiz Cleaners promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the Wiz Cleaners services.
• Promotional credits may not be purchased for cash and Wiz Cleaners does not sell promotional credit. Promotional credit is nonrefundable. Promotional credits will not be applied against any sales, use, gross receipts, or similar transaction-based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
• Your Wiz Cleaners account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once, and your Wiz Cleaners account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
• Promotional Credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account and may not be applied to any other account.
Vouchers: Wiz Cleaners vouchers or promotional codes for special offers or discounts (“vouchers”) may be used to pay the Wiz Cleaners in part or in full for the services. You agree to only use one voucher per person and use Vouchers in accordance with the terms and conditions of the Vouchers.
Pets
We love them! The last thing we want to do is upset your pets as we clean, and we’ll work with you to make the experience pleasant for all involved. The following are our policies regarding pets:
• Let us know ahead of time if there are any arrangements you have in place for your pets while we clean.
• For sanitary purposes, we do not clean up after sick pets or pet accidents.
• Please secure any pet that may be overwhelmed by our presence and/or pose a threat. Please secure any pet that is likely to attempt to run out the door and escape the house. The obligation for control and care of all animals on the premises is on the customer. Wiz Cleaners cannot be held responsible for the escape or safety of pets.
Same-Day Service Fee
Wiz Cleaners recognizes that some customers need cleanings as soon as possible. If Wiz Cleaners can service cleaning on the same day it was requested, a $60 same-day service fee will apply along with the service pricing selected. Wiz Cleaners reserves the right, at its sole discretion, to update or change the Same Day Service Fee at any time.
Same-Day Requests: Any service requested and serviced on the same day will get charged the Same-Day Service Fee. Service requested before 2 pm EST on the following day, you will not be charged a Same-Day Service Fee. Service requested after 2 pm EST for the following day will be charged the Same-Day Service Fee.
Supplies Used
To clean your house, we use high-quality, environmentally friendly cleaning supplies, including a professional-strength vacuum cleaner with an extra-strong HEPA filter. However, if you own specific products which you would want to be used on specific surfaces, we would be pleased to accommodate your request. Please contact our office before the service, so that we can give your instructions to your expert.
2. Terms of Website Use
Privacy Policy
Your use of www.wizcleaners.com is subject to Wiz Cleaner’s Privacy Policy. Please review our Privacy Policy found on our below footer, which also governs the Site and informs users of our data collection practices. Additionally, you acknowledge and agree by using this website that Internet transmissions are never completely private or secure. You understand that any message or information you send to this website may be read or intercepted by others, even if there is a special notice that there is encryption of a particular transmission.
Links to Third Party Sites/Third Party Services
This website, www.wizcleaners.com, may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Wiz Cleaners and Wiz Cleaners is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Wiz Cleaners is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Wiz Cleaners of the site or any association with its operators. If you access any linked third-party websites, then you do so at your own risk.
Certain services made available via www.wizcleaners.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the www.wizcleaners.com domain, you hereby acknowledge and consent that Wiz Cleaners may share such information and data with any third party with whom Wiz Cleaners has a contractual relationship to provide the requested product, service, or functionality on behalf of www.wizcleaners.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.wizcleaners.com strictly in accordance with these terms of use.
As a condition of your use of the Site, you warrant to Wiz Cleaners that you will not use the Site for any purpose that is unlawful or prohibited by these terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. We reserve the right to bar any activity of this nature.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Wiz Cleaners or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Wiz Cleaners content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Wiz Cleaners and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Wiz Cleaners or our licensors except as expressly authorized by these terms.
We do not and cannot guarantee or warrant those files made available for download through this website will be free from contamination or viruses, worms, Trojan horses, or any other code that manifests contaminating or destructive properties. By accessing this website, you acknowledge and agree that it is your responsibility to implement adequate safeguards and procedures to ensure that any files obtained via this website are free of such contamination.
3. General Terms of Use
International Users
The Service is controlled, operated, and administered by Wiz Cleaners from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws including, without limitation, rules about the Internet, data, email, privacy, copyright, and trademark infringement. You agree that you will not use the Wiz Cleaners Content accessed through www.wizcleaners.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification.
You agree to indemnify, defend and hold harmless Wiz Cleaners, its officers, its parent, affiliates, shareholders, agents, licensors, suppliers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Wiz Cleaners reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Wiz Cleaners in asserting any available defenses.
Governing Law/Disputes.
These Terms and Policies shall be governed by and construed in accordance with the laws of the State of Florida, without application of conflict of laws rules. In any matter related to or arising from these Terms and Policies, the venue shall exclusively be in the Circuit Court in and for Miami-Dade County, Florida. In any matter related to or arising from these Terms and Policies, the prevailing party shall be entitled to their reasonable attorney’s fees and costs.
Resolution of any Dispute.
In the event a dispute arises between you and us, we want to provide you with an efficient, neutral, and cost-effective means of resolving the dispute. Most of the customers’ concerns can be resolved quickly and to the customer’s satisfaction by calling or emailing our customer care department, which may be accessed by clicking on the “Contact Us” link in the side menu. If, however, there is an issue that needs to be resolved, the following terms describe how both of us will proceed:
Class Action Waiver
Any arbitration under these Terms of Use will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Wiz Cleaners agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WIZ CLEANERS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. WIZ CLEANERS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WIZ CLEANERS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WIZ CLEANERS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WIZ CLEANERS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Exception
Any claim or action for indemnification, contribution, interpleader, or injunctive relief arising out of a Claim shall not be subject to arbitration.
Severance
Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you. If any of these terms shall be deemed invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited and shall not in any way affect the validity or enforceability of any of these terms. Any rights not expressly granted herein are reserved.
Termination/Access Restriction
Wiz Cleaners reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wiz Cleaners as a result of this agreement or use of the Site. Wiz Cleaner’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Wiz Cleaner’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Wiz Cleaners regarding such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Wiz Cleaners with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Wiz Cleaners with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Entire Agreement
These Terms and Conditions constitute the entire agreement between you and us regarding this website and our services. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us regarding the Wiz Cleaners Platform. No modification of these Terms and Conditions will be effective unless we authorize it.
Modification to the Wiz Cleaners Platform
Wiz Cleaners reserves the right, in its sole discretion, to review, improve, modify or discontinue, temporarily or permanently, the Wiz Cleaners Platform or any content or information on the Wiz Cleaners Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Wiz Cleaners Platform. The most current version of the Terms will supersede all previous versions. Wiz Cleaners encourages you to periodically review the Terms to stay informed of our updates.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE WIZ CLEANERS’ PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS AND THAT THIS AGREEMENT AND TERMS AND CONDITIONS CONSTITUTES A VALID AND BINDING AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE WIZ CLEANERS’ PLATFORM.
Contact Information
If you have any questions regarding these terms and policies, please contact us at (305) 874-0260 or by mail to the below address:
Wiz Cleaners
7901 4th Street North, Suite 300
St. Petersburg, FL 33702
Email: info@wizcleaners.com
Effective as of July 01, 2020