AQUA FORCE POWER WASH LLC
Terms of Service
Effective Date: 6/9/2024
Welcome to AQUA FORCE POWER WASH LLC. These Terms of Service (“Terms”) govern your use of our softwash and pressure washing services (“Services”). By engaging our Services, you agree to these Terms. Please read them carefully.
1. Definitions
- Services: The pressure washing and softwashing services provided by AQUA FORCE POWER WASH LLC, including but not limited to the cleaning of exterior surfaces such as houses, driveways, patios, sidewalks, and other similar surfaces.
- Customer: Any individual or entity that engages AQUA FORCE POWER WASH LLC to perform Services.
- Softwash: A cleaning method using low pressure and specialized solutions to safely remove mildew, bacteria, algae, and other organic stains from roofs and other building exteriors without causing damage.
- Pressure Washing: A cleaning method using high-pressure water spray to remove dirt, grime, mold, and other contaminants from flat surfaces such as driveways, patios, sidewalks, and other hard surfaces.
2. Services
2.1 Scope of Services. AQUA FORCE POWER WASH LLC provides softwash and pressure washing services, including but not limited to softwashing exterior surfaces such as houses, and pressure washing flat surfaces like driveways, patios, and sidewalks.
2.2 Estimates and Pricing. All estimates provided are based on the information provided by the customer. Final pricing may vary depending on the actual condition and size of the area to be serviced. Customers will be informed of any price changes before work begins.
2.3 Scheduling. Services are scheduled based on availability. AQUA FORCE POWER WASH LLC will make every effort to accommodate preferred dates and times, but scheduling is subject to change due to weather or other unforeseen circumstances.
2.4 Service Limitations. AQUA FORCE POWER WASH LLC reserves the right to refuse service if the work area is deemed unsafe or if conditions are unsuitable for providing Services. Customers will be notified promptly in such cases.
3. Customer Responsibilities
3.1 Access to Property. Customers must provide AQUA FORCE POWER WASH LLC with access to the property and the necessary utilities (e.g., water) to perform the Services.
3.2 Preparation. Customers are responsible for removing obstacles and ensuring the work area is clear of personal items, furniture, vehicles, and other obstructions. AQUA FORCE POWER WASH LLC is not liable for any damages caused to items left in the work area.
3.3 Pets and Safety. Customers must ensure that pets and children are kept away from the work area during the performance of the Services to prevent accidents and injuries.
3.4 Notification of Issues. Customers must notify AQUA FORCE POWER WASH LLC of any pre-existing issues or delicate areas that require special attention prior to the commencement of Services.
3.5 Water Supply. Customers must provide an on-site source of water.
3.6 Protecting Plants and Landscaping. Customers are responsible for covering and protecting plants, grass, and landscaping. AQUA FORCE POWER WASH LLC will not be liable for damage to plants or landscaping not adequately protected by the customer.
3.7 Informing About Organic Paints and Pigments. Customers should inform AQUA FORCE POWER WASH LLC of any organic paints or pigments present to avoid potential adverse reactions to sodium hypochlorite.
3.8 Ensuring Weathertight Electrical Components. Customers are expected to ensure that all exterior electrical outlets, light fixtures, and other electrical components are weathertight. AQUA FORCE POWER WASH LLC is not responsible for any damages caused by water infiltration due to poor or improper installation, maintenance, or repair of these components.
3.9 Requesting Additional Services. Customers must request additional services, such as oxidation removal or window cleaning, separately when scheduling their softwash appointment.
3.10 Addressing Non-Organic Residue. Customers should be aware that softwashing may not remove all non-organic residue such as smog, grime, and chemical residues from siding. Additional services may be required to address these non-organic issues.
4. Payment Terms
4.1 Payment Methods. Payment is due upon completion of the Services, unless otherwise agreed upon in writing. Accepted payment methods will be listed on your invoice.
4.2 Late Payments. Late payments may incur a fee of 1.5% per month until the payment is made in full.
4.3 Refunds. Refunds will be handled on a case-by-case basis. If you are not satisfied with the Services, please contact us within 3 days of service completion.
4.4 Deposits. For large or custom projects, a deposit of 25% of the total project cost may be required. The deposit amount and terms will be specified in the service agreement.
5. Cancellations and Rescheduling
5.1 Cancellations. Customers may cancel their scheduled Services by providing at least 24 hours' notice. Cancellations with less than 24 hours' notice may incur a cancellation fee of 15% of quoted services.
5.2 Rescheduling. Customers may reschedule their Services by providing at least 24 hours' notice. AQUA FORCE POWER WASH LLC will make every effort to accommodate rescheduling requests.
5.3 Weather Conditions. Services may be rescheduled due to adverse weather conditions. AQUA FORCE POWER WASH LLC will notify customers as soon as possible and reschedule at the earliest convenient time.
6. Liability and Damages
6.1 Insurance. AQUA FORCE POWER WASH LLC carries general liability insurance to cover any damages that may occur during the performance of our Services, up to the policy limits. This insurance is intended to cover any damages directly resulting from our negligence. Proof of insurance is available upon request. It is the customer’s responsibility to inform us of any specific insurance requirements prior to the commencement of Services. AQUA FORCE POWER WASH LLC's liability for any claims arising out of or related to our Services is limited to the amount covered by our insurance policy. Customers are advised to review their own insurance policies for coverage related to any potential damages caused by external contractors.
6.2 Limitations. AQUA FORCE POWER WASH LLC's liability is limited in the following ways:
- Service Liability: AQUA FORCE POWER WASH LLC's responsibility for any damages resulting from our services is limited to the amount you paid for those services.
- Exclusion of Indirect Damages: AQUA FORCE POWER WASH LLC is not liable for any indirect, incidental, or consequential damages, such as lost profits or property damage, resulting from our services. This exclusion applies even if we were informed about the possibility of such damages in advance.
6.3 Customer Property. AQUA FORCE POWER WASH LLC is not liable for any damage to customer property that results from the customer’s failure to comply with Section 3 (Customer Responsibilities).
6.4 Damage Reporting. Any damage claims must be reported to AQUA FORCE POWER WASH LLC within 3 days of service completion. AQUA FORCE POWER WASH LLC will investigate and address any legitimate claims promptly.
6.5 Specific Exclusions. The following specific exclusions apply to the services provided by AQUA FORCE POWER WASH LLC:
- Water Intrusion: AQUA FORCE POWER WASH LLC is not responsible for water intrusion due to poor seals on windows, doors, or other areas of the property.
- Pre-Existing Conditions: Damages resulting from pre-existing conditions such as loose siding, peeling paint, improperly sealed surfaces, faulty construction, or any other structural deficiencies are excluded from liability.
- Plant and Landscaping Damage: Customers are responsible for covering and protecting plants, grass, and landscaping. AQUA FORCE POWER WASH LLC will not be liable for damage to plants or landscaping not adequately protected by the customer.
- Chemical Sensitivity: Any damage caused by the cleaning chemicals to surfaces or items sensitive to such chemicals, including but not limited to stained wood doors and features, is excluded from liability.
- Stain Removal: Some stains, such as tree sap, artillery fungus, paint splatters, and rust, cannot be removed by conventional pressure washing methods. AQUA FORCE POWER WASH LLC does not guarantee the removal of these stains.
- Efflorescence: The removal of efflorescence (white chalky deposits on masonry surfaces) is not included in standard pressure washing services and may cause damage to the brick or mortar. This service can be provided at an additional cost but is not guaranteed to be damage-free.
- Electrical Components: Customers are expected to ensure that all exterior electrical outlets, light fixtures, and other electrical components are weathertight. AQUA FORCE POWER WASH LLC is not responsible for any damages caused by water infiltration due to poor or improper installation, maintenance, or repair of these components.
- Concrete: The appearance of concrete after cleaning can vary depending on its age and condition. AQUA FORCE POWER WASH LLC is not responsible for any imperfections or variations that become visible after cleaning.
- Organic Paints and Pigments: AQUA FORCE POWER WASH LLC is not responsible for damage to organic paints and pigments on siding and Hardy Board due to their potential adverse reaction to sodium hypochlorite. Organic pigments can oxidize and deteriorate when exposed to sodium hypochlorite, leading to discoloration or damage. Customers should inform us of any organic paints or pigments present to avoid such issues.
- Oxidation of Vinyl Siding: AQUA FORCE POWER WASH LLC is not responsible for the oxidation of vinyl siding, which may manifest as a chalky white residue or faded appearance. Oxidation removal is a separate service that involves specialized cleaning methods and products to restore the siding’s appearance. Customers interested in this service should request it specifically when scheduling their softwash appointment.
- Softwashing Limitations: Softwashing may not remove all non-organic residue such as smog, grime, and chemical residues from siding. Additional services may be required to address these non-organic issues.
- Window Cleaning Exclusion: Window cleaning is not included in our softwash services. It is recommended that customers arrange for their windows to be cleaned after the house has been softwashed to ensure a streak-free finish.
7. Photo/Video Release
7.1 Consent to Use Photos/Videos. By engaging AQUA FORCE POWER WASH LLC for Services, customers consent to the taking of photos and videos of the serviced areas before, during, and after service is performed.
7.2 Usage Rights. AQUA FORCE POWER WASH LLC reserves the right to use these photos and videos for marketing purposes, including but not limited to online and print advertising, social media, and promotional materials.
7.3 Customer Privacy. Any identifiable personal property, such as license plates or house numbers, will be blurred or removed to protect the customer’s privacy.
7.4 Opt-Out. Customers may opt-out of the photo/video release by notifying AQUA FORCE POWER WASH LLC in writing prior to the commencement of Services.
8. Warranties and Guarantees
8.1 Service Guarantee. AQUA FORCE POWER WASH LLC guarantees the quality of our Services. If you are not satisfied with the results, please contact us within 3 days of service completion, and we will address your concerns.
8.2 No Other Warranties. Except as expressly stated in these Terms, AQUA FORCE POWER WASH LLC makes no other warranties, express or implied, regarding the Services.
9. Indemnification
Customers agree to indemnify and hold harmless AQUA FORCE POWER WASH LLC, its employees, and agents from any claims, damages, losses, or expenses arising out of or related to the customer’s failure to comply with these Terms.
10. Changes to Terms
AQUA FORCE POWER WASH LLC reserves the right to modify these Terms at any time. Customers will be notified of any changes to these Terms, and continued use of our Services constitutes acceptance of the modified Terms.
11. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the state of Oklahoma. Any disputes arising under or in connection with these Terms shall be resolved in the state and federal courts located in Tulsa County, Oklahoma.
12. Arbitration
12.1 Agreement to Arbitrate. Any dispute, controversy, or claim arising out of or relating to these Terms or the breach thereof, including any dispute regarding the interpretation or scope of this arbitration clause, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and Mediation Procedures.
12.2 Arbitration Process. The arbitration shall be conducted by a single arbitrator. If the parties cannot agree on an arbitrator, the AAA shall appoint one. The arbitration shall take place in Tulsa, Oklahoma, unless the parties agree to a different location. The arbitrator shall apply Oklahoma law, without regard to its conflict of laws principles.
12.3 Arbitration Fees and Costs. Each party shall bear its own costs and expenses of the arbitration, including legal fees, unless the arbitrator determines that such allocation is inequitable. The arbitrator's fees and expenses shall be shared equally by the parties unless otherwise awarded by the arbitrator.
12.4 Binding Decision. The arbitrator’s decision shall be final and binding on all parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall have the authority to award any legal or equitable remedy that would have been available in court.
12.5 Confidentiality. The arbitration proceedings and any information disclosed during the arbitration shall remain confidential, except as may be necessary to enter the arbitrator's decision into a court of competent jurisdiction or as required by law.
12.6 Severability. If any portion of this arbitration clause is found to be unenforceable, the remaining portions shall remain in full force and effect.
12.7 Waiver of Jury Trial. By agreeing to this arbitration clause, both parties waive their right to a jury trial or a trial before a judge in a public court.
13. Privacy Policy
13.1 Personal Information. AQUA FORCE POWER WASH LLC collects personal information, such as names, addresses, and contact details, to provide Services. This information is kept confidential and used solely for business purposes.
13.2 Third-Party Disclosure. AQUA FORCE POWER WASH LLC does not share personal information with third parties, except as required by law or with the customer's explicit consent.
13.3 Data Security. AQUA FORCE POWER WASH LLC implements reasonable security measures to protect personal information from unauthorized access, use, or disclosure.
14. Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
15. Entire Agreement
These Terms constitute the entire agreement between the customer and AQUA FORCE POWER WASH LLC with respect to the subject matter hereof and supersede all prior agreements, representations, and understandings.
16. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
AQUA FORCE POWER WASH LLC
info@afpowerwash.com
By engaging AQUA FORCE POWER WASH LLC for our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.