Swept Service Policy
Updated Date: April 23rd, 2018
This Service Policy constitute a legally binding agreement (the “Agreement”) between you and Swept LLC (“Swept,” “we,” “us,” or “our”) that governs your access or use of the applications, websites, content, products, and service (collectively, the “Swept Platform”) made available by Swept.
Any persons (whether individual, company, or entity) hereby referred to as a you, user, customer, and/or client, who books a service with Swept in any way including but not limited to over the website, email, phone call, text message, or in-person is agreeing to the terms set forth by this document.
By entering into to this Agreement, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE Swept PLATFORM.
Swept PROVIDES A MARKETPLACE PLATFORM where persons seeking home services (“Service Requesters” or “Requesters”) can be matched with persons, companies, or entities offering home services (“Service Providers” or “Providers”). Requesters and Providers are collectively referred to herein as “Users.” Users can create a User account which enables access to the Swept Platform. For purposes of this Agreement, the services provided by Providers to Requesters that are matched through the Platform shall be referred to collectively as the “Services,” “jobs,” “bookings,” or “Home Services”.
All Users requesting or accepting services from Swept are aware Swept is a platform and not a service provider. The Service Provider is being hired to fulfill a duty outside of the competency of Swept. Service Providers will be responsible for fulfilling services assigned to them based on their selected criteria through the Swept platform. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each Service provided by a Provider to a Requester shall constitute a separate agreement between such persons and/or entities.
Service Provider Relationship
As a Provider on the Swept Platform, you acknowledge and agree that you and Swept are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. As a Provider you and Swept expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Swept; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Swept, and you undertake not to hold yourself out as an employee, agent or an authorized representative of Swept.
Swept does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your service supplies. You retain the sole right to determine when, where, and for how long you will utilize the Swept Platform. You retain the option to accept or to decline or ignore a Requester’s request for Services, or to cancel an accepted request for Services via the Platform, subject to Swept’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Swept shall have no right to require you to: (a) display Swept’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Swept’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities. As a Provider, you bear all of your own expenses that are incurred in performing Services. You acknowledge and agree that you are responsible for and will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
Modification to the Agreement
Swept reserves the right to modify any information referenced in the hyperlinks from this Agreement. Such modifications shall become effective upon posting. In the event Swept modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Continued use of the Swept Platform or Services after any such changes shall constitute your consent to such changes.
Right of Refusal
Swept reserves the right to refuse service to anyone for any reason. These reasons include but are not limited to: not being able to gain entry to a home, no power, no electricity, no air conditioning or heating, frequent cancellations or schedule changes, improper or dishonest booking, project out of scope of the original booking, not listing all the bedrooms, bathrooms or total sqft (even if we’re not cleaning them), being rude to staff or Providers, poaching or attempting to poach Providers away from Swept (at any price), and/or incorrect or non-functioning billing information.
Once a booking has been processed online it must be manually confirmed. If Swept can’t confirm an appointment, the appointment may be canceled. At which time the Requester will receive a cancellation notice. An open time slot on sweptcleaning.com doesn’t guarantee a Provider will be available and/or the job/service will be confirmed.
Any confirmation emails which may have been received are subject to change. Meaning, an appoint which was once confirmed can become unconfirmed depending on circumstances. Swept is not bound to perform a service even if the service has been confirmed.
Guarantees and/or Refunds
The Swept 200% Happiness Guarantee hereby referred to as “Guarantee,” or “Happiness Guarantee” is available to Requesters and is the sole liability of Swept to Requesters for the performance of Services. If you are not satisfied with the quality of the initial Service requested and paid for through the Swept Platform, then Swept will send a Provider to correct areas of the original service that were missed/overlooked at no additional charge to the Requester.
The Guarantee also provides limited additional protections. Pursuant to the Guarantee and subject to the below conditions and limitations, Swept will compensate Requesters: (a) up to USD $10,000 per occurrence for losses arising from property damage as a direct result of negligence of a Provider during performance of a Service; or (b) Requesters up to USD $5,000 for losses arising from theft of a Requester’s property by a Provider during performance of a Service.
The Requester is eligible for the Guarantee provided the Requester reports the issue within seventy-two (72) hours of the Service appointment. For Recurring Services, each Service is treated as a separate occurrence.
Guarantee Conditions & Exclusions; Your Primary Insurance. If you carry insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the Swept Happiness Guarantee is secondary. The Swept Happiness Guarantee will only compensate for losses to the extent not otherwise covered by Your Personal Insurance.
Coverage Under the Swept Happiness Guarantee.
A Requester will be covered under the Guarantee for every Service, subject to the exclusions below, provided:
- The Service is agreed to between a Requester and a Provider through the Swept Platform, performed by the Provider hired by the Requester and paid for in full through the Swept Platform;
- The original service or request/s made during the service do not put the provider in harm’s way or include services which aren’t part of the original scope, as outlined on Swept’s What’s Not Included Page
- The Requester has reported the claim within 72 hours of the Service;
- The Requester’s account with Swept is in good standing with no outstanding balances owed to Swept or Providers;
- The Provider was not able to gain entry to the service location during the scheduled time of the service;
- There was no available source of power or no electricity at the service location during the scheduled time of the service;
- There was no air conditioning or heating at the service location during the scheduled time of the service;
- There’s no available source of water at the service location during the scheduled time of the service;
- Requester failed to disclose the full size of the property being serviced. Requester is required to included in the full size of the property including areas of the property not being serviced as well as those being serviced;
- Requester failed to disclose the need for mold, construction, or a remediation cleaning, or other services Swept doesn’t accommodate. Services Swept doesn’t accommodate are outlined on Swept’s What’s Not Included page.
The Guarantee does not cover the following:
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes, and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value;
- losses for property damage and theft exceeding the original value and/or replacement value of such property, less any standard depreciation;
- losses arising from negligence of a Requester or third party;
- losses arising from a manufacturer’s or a product’s defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of theft of property in excess of USD 5,000 or any other intentional wrongful act by a Professional;
- losses arising from normal wear and tear;
- losses for items that retain their functionality;
- losses based on sentimental and/or undocumented intangible value;
- losses related to repairs outside of the area where the Professional Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by Swept; and losses with insufficient documentation.
Submitting a Claim
Issues can be reported by phone at 512-298-5402, or email at firstname.lastname@example.org. Depending on the nature of the claim, Swept may ask for additional information. For a claim to be considered “reported” all requested information such as police reports, photos, security footage, and/or other requested information must be submitted within seventy-two (72) hours or the original contact (claim phone call or email) and considered satisfactory evidence to the claim.
If Swept requires additional information/evidence, for a claim to be considered “reported.” All requested information such as police reports, photos, security footage, and/or other relevant information must be submitted within seventy-two (72) hours of the original request from Swept. The provided information/evidence must be considered satisfactory to the claim.
Swept will inform the Requester if/when additional information is needed to process a claim within twenty-four (24) business hours.
After a claim has been reported additional information may be required. If additional information is required, Swept requires communication with the Requester. A failure to communicate with Swept and/or ability to provide needed information or evidence may result in Swept not being able to process a claim.
As a Requester, you agree to pay the amounts charged for your use of the Swept Platform and Services (“Charges”). Charges include the cost for Services and other applicable fees, surcharges, and taxes as set forth by Swept’s Booking Page available at https://sweptcleaning.com/booking-page/ plus any tips to the Provider you elect to pay.
Swept reserves the right to determine and modify pricing by posting applicable pricing terms to the Swept booking page. Pricing may vary based on the type of service requested (e.g., standard cleaning, deep cleaning, etc) as described on Swept’s booking page. You’re responsible for reviewing the applicable booking page and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Flat-rate pricing consists of a standard charge based on the details of a home and requested home service and add-on charges based on additional parameters selected by the Requester.
Quoted Home Service Fees
Swept may quote you a service fee at the time of your request. The quote is subject to change depending on the overall condition of your home and the confirmation that correct home details were provided by the Requester. If during your home service you change your requested Services or a Provider confirms that the home details as provided by the Requester are incorrect or false, we may cancel the service and/or charge an adjusted home service fee based on the true details of the home and the conditions in the home. Swept does not guarantee that the quoted service price will not change, especially when details or conditions of the home were not represented accurately or fully by the Requester when booking the Service.
Swept reserves the right charge a cancellation fee of $70 for late cancellations. A cancellation will be considered late if the service is canceled within 24 hours before an appointment. Cancellation fees may be charged for other reasons including not being able to get into the building for the service or not being able to contact the original person who booked the appointment. In cases where a Provider is sent to perform a service and aren’t able to perform that service at the fault of the Requester, a cancellation fee will always be charged. An example of not being able to perform the service at the fault of the Requester includes but is not limited to not being able to gain entry to perform the service, not having a source of power, or not having a source of water. In select cases, a cancellation fee may be waived as a show of good will. This will not invalidate the cancellation fee for other users.
The headings in this document are for reference only and shall not affect the interpretation of any meanings of words, terms, sections, or the construction of this Service Policy.
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Service Policy shall operate or be construed as a waiver thereof.
Any claim relating to Swept’s Platform, website, or services shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.