At OFFICELUV, we strive to meet our client’s needs, and we will work tirelessly to do so. In order for us to do this, we’d like to confirm a few important details so that we both know what to expect of each other and how this relationship will work. In our commitment to keeping things simple—and as much as our lawyers would allow—we’ve attempted to use plain English instead of complicated legalese. Also, to avoid repetition, capitalized terms are defined once when they first appear in this document and, after that, we won’t repeat the definition; we’ll just use the capitalized term instead. Also, when you accept this Agreement electronically or otherwise, you represent and warrant that, as of that date, this Agreement is effective and that you have the requisite power and authority to enter into this Agreement on behalf of his or her respective company or organization.
OFFICELUV, Inc., is a Delaware corporation, located at 1165 N. Clark St., 3RD Floor, Chicago, Illinois 60610 (also referred to as “OFFICELUV” or "we/us/our", as the case may be). You are our CLIENT and your contact information is provided on our Client Registration and Billing Form, which is incorporated herein by reference.
We will provide the janitorial and related services ("Services") you select from our Schedule of Services that is communicated via a Scope of Work, which we may update from time to time without prior notice to you. Any other Services will require a separate agreement.
All of our Services will be performed during the reasonable hours you select. Services will be performed in a professional and workmanlike manner, but all other warranties, express or implied, are hereby disclaimed. We will follow your reasonable quality control procedures. If you are unsatisfied with any Services, you will tell us within 24 hours.
You will grant us access to your office, including a revocable license to enter your property and three (3) complete sets of keys (and key fobs/proximity cards). We will provide one set to the Team Lead servicing your location, another set to our area Supervisor, and we will retain the final set at OfficeLuv headquarters. These keys will only be used according to your agreed schedule. If we can’t promptly access your offices during the schedule we agree to, you understand that we may charge an additional fee to recover any loss we experience as a result. You also understand that we observe the following holiday schedule are closed for the entire day, unless otherwise noted: New Years Eve (close at 3pm); New Years Day; Martin Luther King Day; Memorial Day; Independence Day; Labor Day; Veterans Day; Thanksgiving Day; Christmas Eve (close at 3pm); Christmas Day. All observed holidays are non-refundable and will incur additional charges should service be requested. (All times are local standard time for your location).
We will take reasonable precautions for the safety of our staff, including complying with all applicable provisions of Federal, State and Municipal safety laws while delivering Services.
We provide all cleaning supplies, vacuums and equipment at cost. Due to OSHA requirements concerning proper content documentation of cleaning supplies, we prefer to stay away from using our client’s cleaning supplies and equipment if at all possible. Our teams are trained using our own supplies and equipment and, accordingly, we are not trained to operate other equipment or to know which other products are safe to use on certain surfaces. If you insist that your own products or equipment are used, we are not liable for any damage to any of your property. If you are or become aware that any of your property is not compatible with the supplies or equipment we use, you will let us know immediately.
You agree to provide all disposable products including plastic liners, soap, bathroom tissues, etc. If you don’t have any or all of these, we will sell them to you at additional cost. Just ask us for our current Essentials Price List, which will apply to any Essentials you request.
You agree to pay us promptly for all undisputed invoices. We will invoice you monthly and your payment is due on or before the 1st of every month. Unless you specify otherwise, we will enroll you in our Convenience Billing Service using the payment information provided on your Client Registration and Billing Form, and your monthly invoice will be charged in full to your bank account or credit card (which will be securely maintained with our payments processor) on or before the 5th of each month. Undisputed invoices not paid within 30 days will accrue interest at 1.5% per month (or, if less, the highest rate permissible under applicable law). As the costs of labor and materials increase, we may occasionally be forced to change our pricing. If we do, we will let you know and ask you to confirm you agreement by completing an updated Client Registration and Billing Form. If you fail to return the updated form to us within 30 days of our request, we will consider you to have terminated this Agreement, subject to payment of any outstanding invoices.
We have the typical types and amounts of insurance to cover our delivery of Services to clients, including for damages or losses for which we are at fault. We will provide Certificates of Insurance or other evidence of coverage, upon request. If our insurance is not satisfactory to you, please let us know immediately. When you allow us to provide our first Service to you, you agree that our insurance is adequate and satisfactory to you. You also agree to have adequate insurance to cover your own personnel and property against any loss or damage that occurs and is not our fault; and you will indemnify and hold us harmless for any of those types of claims or losses.
We, including our staff, are independent contractors to you. We are not employees, partners or joint venturers with you in any way. We will have sole direction and control of our Staff. Please direct any concerns you have regarding our Staff to us (meaning your dedicated Account Manager, our Executive Management or the OfficeLuv Customer Service department) immediately and we will address your concerns promptly.
Neither of us will assign this Agreement without the other’s prior written consent in each instance (other than in connection with a sale of our business, in which case we will provide notice of assignment to you). We may occasionally use contractors to perform some or all of the Services. In the event we use a subcontractor, we will remain responsible for all Services, including those of our subcontractor. If any of our subcontractors cause any damage or loss while providing you Services on our behalf, you understand that such subcontractor’s insurance will be primary for any such claim and ours will be secondary.
Either party may terminate this Agreement at any time in the event the other party materially breaches this Agreement and fails to cure such breach within 15 days of receiving a written notice of such breach. Otherwise, this Agreement shall automatically renew monthly for successive 1-month terms, until otherwise terminated by either the party, for any reason, upon giving written notice of cancellation by mail or email no less than 30 days prior to any such renewal date (such cancellation to become effective upon expiration of the then-current 1-month term). Also, OFFICELUV performs its Services in accordance with this Agreement and the applicable legal requirements. In the event of a change in existing law as it pertains to the Services we are providing, we reserve the right to revise our pricing or terminate this Agreement, as provided above.
If either party sends a notice to the other, we will use the mailing address or email address provided on the most recent Client Registration and Billing Form.
You agree not to solicit or otherwise employ any of our Staff during the term of this Agreement and, upon any termination, for a period of six months after the termination. If we suspect a breach of this clause, and aren’t able to resolve the issue quickly and amicably, you understand that we may proceed to court seeking an immediate injunction, and you will not require us to prove that the resulting harm to our business is irreparable or to post a bond.
EXCEPT AS OTHERWISE PROHIBITED BY LAW, OFFICELUV EXPRESSLY DISCLAIMS AND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, STIGMA AND/OR LOSS OF ENJOYMENT DAMAGES. OUR OBLIGATIONS, AS SPECIFICALLY STATED IN THIS AGREEMENT, ARE GIVEN IN LIEU OF ANY OTHER OBLIGATION, WARRANTY OR RESPONSIBILITY, EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AS TO THE RESULTS YOU MAY ACHIEVE BY USING OUR SERVICES. REGARDLESS, YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU FOR ANY AND ALL CLAIMS WHATSOEVER, WILL NOT EXCEED THE TOTAL COMPENSATION RECEIVED BY OFFICELUV UNDER THIS AGREEMENT FOR THE SIX (6) MONTHS IMMEDIATELY PROCEEDING THE DATE THE LATEST CLAIM AROSE.
You agree that we may make any necessary changes, including to the schedule for providing your Services, if an incident of force majeure or an act of nature occurs, such as an earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott or similar events. Where commercially reasonable, we will either reimburse a pro-rated amount for the cancelled shift or reschedule for a later date, at our option and after discussing this with you.
We may at any time modify the terms, conditions and notices under which our Services are offered by updating this posting. You are bound to any such modifications and should therefore periodically visit this page to review the then-current terms and conditions to which you are bound.
1165 N. Clark Street, Suite 302