Terms & Conditions
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THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SERVICES REQUESTED OF Simply Crystal Clean, LLC, HEREIN REFERRED TO AS "SCC".
YOUR REQUEST FOR SERVICE: YOU HAVE REQUESTED THAT SCC PROVIDE YOUR OFFICE, FACILITY, BUSINESS, or RESIDENCE WITH CLEANING AND JANITORIAL SERVICES.
NON-SOLICITATION: DURING THE PERIOD COMMENCING ON THE EFFECTIVE DATE AND ENDING TWO YEARS FOLLOWING THE TERMINATION DATE, THE CLIENT SHALL NOT, WITHOUT THE CONTRACTOR’S (Simply Crystal Clean, LLC) PRIOR WRITTEN CONSENT, DIRECTLY OR INDIRECTLY, SOLICIT OR ENCOURAGE ANY PERSON TO LEAVE THE EMPLOYMENT OR OTHER SERVICE OF THE CONTRACTOR (Simply Crystal Clean, LLC) OR ITS AFFILIATES, OR HIRE, ON BEHALF OF THE CLIENT OR ANY OTHER PERSON OR ENTITY, ANY PERSON WHO HAS LEFT THE EMPLOYMENT WITHIN THE TWO YEARS FOLLOWING THE TERMINATION OF THAT PERSON’S EMPLOYMENT, THE CONTRACTOR, OR ITS AFFILIATES.
DURING THE PERIOD COMMENCING ON THE DATE HEREOF THROUGH AND ENDING TWO YEARS FOLLOWING THE TERMINATION DATE, THE CLIENT WILL NOT, WHETHER FOR ITS OWN PROJECT OR FOR THE PROJECT OF ANY OTHER PERSON, INTENTIONALLY INTERFERE WITH THE RELATIONSHIP OF THE CONTRACTOR OR ITS AFFILIATES WITH, OR ENDEAVOR TO ENTICE AWAY FROM THE CONTRACTOR OR ITS AFFILIATES, ANY PERSON WHO DURING THE TERM OF THE AGREEMENT IS, OR DURING THE PRECEDING TWO-YEAR PERIOD, WAS AN EMPLOYEE, INDEPENDENT CONTRACTOR, OR AFFILIATE OF THE CONTRACTOR.
CANCELLATION: THE CLEANING AGREEMENT MAY BE CANCELED BY EITHER PARTY, WITH CAUSE, BY DELIVERING A NOTICE OF TERMINATION TO THE NONTERMINATING PARTY ONLY AT THE CONCLUSION OF THE FIRST THIRTY (30) DAY TERM. RATE SCHEDULE. YOU ACKNOWLEDGE RECEIPT, REVIEW, AND ACCEPTANCE OF SCC'S RATE SCHEDULE, AND YOU AGREE TO PAY TO SCC THE RATES CHARGED FOR ITS SERVICES THAT ARE CONSISTENT WITH SCC'S RATE SCHEDULE.
FOR THE PURPOSE OF ACCOUNTING AND BILLING, SCC MAY BILL YOU PER JOB, PER INVOICE, OR PER TIME PERIOD AS SCC DEEMS APPROPRIATE.
PAYMENT TERMS: SCC WILL PROVIDE YOU INVOICES ON A SEMI-MONTHLY BASIS OR AS OTHERWISE AGREED BETWEEN YOU AND SCC, EITHER BY MAIL OR VIA ELECTRONIC TRANSMITTAL. YOU AGREE TO PAY THE SCC INVOICE AMOUNT (LESS ANY DISPUTED AMOUNT) WITHIN FIFTEEN (15) CALENDAR DAYS FROM THE INVOICE DATE. ALL SSC INVOICES NOT PAID WITHIN FIFTEEN (15) DAYS OF THE INVOICE DATE WILL ACCRUE INTEREST AT THE RATE OF TEN PERCENT (10%) PER MONTH OR $50.00 (WHICHEVER IS GREATER) UNTIL ARE PAID IN FULL.
LIMITATION OF LIABILITY: IN THE EVENT OF SCC FAILURE TO PERFORM THE REQUESTED SERVICES PROPERLY OR TIMELY OR TO COMPLY WITH THE DIRECTIONS PROVIDED, ITS RESPONSIBILITY SHALL BE LIMITED TO CORRECTING ANY PERFORMANCE OR COMPLETING THE ASSIGNMENT AS DIRECTED.
SCC IS NOT RESPONSIBLE NOR LIABLE FOR ANY DAMAGES INCURRED AS A RESULT OF ANY BREACH, FAILURE TO ACT, OR OMISSION OF ITS EMPLOYEES, SUBCONTRACTORS, OR AGENTS IN CONNECTION WITH SERVICES PERFORMED. DAMAGES SHALL NOT EXCEED THE GREATER OF :
YOUR REQUEST FOR SERVICE: YOU HAVE REQUESTED THAT SCC PROVIDE YOUR OFFICE, FACILITY, BUSINESS, or RESIDENCE WITH CLEANING AND JANITORIAL SERVICES.
NON-SOLICITATION: DURING THE PERIOD COMMENCING ON THE EFFECTIVE DATE AND ENDING TWO YEARS FOLLOWING THE TERMINATION DATE, THE CLIENT SHALL NOT, WITHOUT THE CONTRACTOR’S (Simply Crystal Clean, LLC) PRIOR WRITTEN CONSENT, DIRECTLY OR INDIRECTLY, SOLICIT OR ENCOURAGE ANY PERSON TO LEAVE THE EMPLOYMENT OR OTHER SERVICE OF THE CONTRACTOR (Simply Crystal Clean, LLC) OR ITS AFFILIATES, OR HIRE, ON BEHALF OF THE CLIENT OR ANY OTHER PERSON OR ENTITY, ANY PERSON WHO HAS LEFT THE EMPLOYMENT WITHIN THE TWO YEARS FOLLOWING THE TERMINATION OF THAT PERSON’S EMPLOYMENT, THE CONTRACTOR, OR ITS AFFILIATES.
DURING THE PERIOD COMMENCING ON THE DATE HEREOF THROUGH AND ENDING TWO YEARS FOLLOWING THE TERMINATION DATE, THE CLIENT WILL NOT, WHETHER FOR ITS OWN PROJECT OR FOR THE PROJECT OF ANY OTHER PERSON, INTENTIONALLY INTERFERE WITH THE RELATIONSHIP OF THE CONTRACTOR OR ITS AFFILIATES WITH, OR ENDEAVOR TO ENTICE AWAY FROM THE CONTRACTOR OR ITS AFFILIATES, ANY PERSON WHO DURING THE TERM OF THE AGREEMENT IS, OR DURING THE PRECEDING TWO-YEAR PERIOD, WAS AN EMPLOYEE, INDEPENDENT CONTRACTOR, OR AFFILIATE OF THE CONTRACTOR.
CANCELLATION: THE CLEANING AGREEMENT MAY BE CANCELED BY EITHER PARTY, WITH CAUSE, BY DELIVERING A NOTICE OF TERMINATION TO THE NONTERMINATING PARTY ONLY AT THE CONCLUSION OF THE FIRST THIRTY (30) DAY TERM. RATE SCHEDULE. YOU ACKNOWLEDGE RECEIPT, REVIEW, AND ACCEPTANCE OF SCC'S RATE SCHEDULE, AND YOU AGREE TO PAY TO SCC THE RATES CHARGED FOR ITS SERVICES THAT ARE CONSISTENT WITH SCC'S RATE SCHEDULE.
FOR THE PURPOSE OF ACCOUNTING AND BILLING, SCC MAY BILL YOU PER JOB, PER INVOICE, OR PER TIME PERIOD AS SCC DEEMS APPROPRIATE.
PAYMENT TERMS: SCC WILL PROVIDE YOU INVOICES ON A SEMI-MONTHLY BASIS OR AS OTHERWISE AGREED BETWEEN YOU AND SCC, EITHER BY MAIL OR VIA ELECTRONIC TRANSMITTAL. YOU AGREE TO PAY THE SCC INVOICE AMOUNT (LESS ANY DISPUTED AMOUNT) WITHIN FIFTEEN (15) CALENDAR DAYS FROM THE INVOICE DATE. ALL SSC INVOICES NOT PAID WITHIN FIFTEEN (15) DAYS OF THE INVOICE DATE WILL ACCRUE INTEREST AT THE RATE OF TEN PERCENT (10%) PER MONTH OR $50.00 (WHICHEVER IS GREATER) UNTIL ARE PAID IN FULL.
LIMITATION OF LIABILITY: IN THE EVENT OF SCC FAILURE TO PERFORM THE REQUESTED SERVICES PROPERLY OR TIMELY OR TO COMPLY WITH THE DIRECTIONS PROVIDED, ITS RESPONSIBILITY SHALL BE LIMITED TO CORRECTING ANY PERFORMANCE OR COMPLETING THE ASSIGNMENT AS DIRECTED.
SCC IS NOT RESPONSIBLE NOR LIABLE FOR ANY DAMAGES INCURRED AS A RESULT OF ANY BREACH, FAILURE TO ACT, OR OMISSION OF ITS EMPLOYEES, SUBCONTRACTORS, OR AGENTS IN CONNECTION WITH SERVICES PERFORMED. DAMAGES SHALL NOT EXCEED THE GREATER OF :
- A REDUCTION OF THE ENTIRE AMOUNT BILLED FOR THE SERVICE RENDERED (EXCLUDING ANY ADVANCED FEE), OR (II) THE MAXIMUM OF $100.00 PER INVOICE, WHETHER OR NOT SUCH DAMAGE RESULTED FROM THE NEGLIGENCE OF SCC ITS EMPLOYEES, SUBCONTRACTORS OR AGENTS.
- UNDER NO CIRCUMSTANCES SHALL SCC BE LIABLE FOR CONSEQUENTIAL DAMAGES, PROFIT LOSS, OR INCOME LOSS, REGARDLESS OF THE AMOUNT, CAUSE, OR FORESEEABILITY. ANY WAIVER OF THIS LIMITATION BY NWL AT ANY TIME WITH RESPECT TO ANY CLAIM SHALL NOT CONSTITUTE A WAIVER OF SUCH LIMITATION AT ANY OTHER TIME OR WITH RESPECT TO ANY OTHER ASSERTED CLAIM.
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