Terms and Conditions
Heaven Sent Floor Care Terms & Conditions
What you should know about your stone and tile care & restoration
LEGAL and TECHNICAL EXPLANATIONS & LIMITATIONS
These terms and conditions (The “Terms & Conditions”) govern your access to and use of Heaven Sent Floor Care’s websites that link to or reference these Terms & Conditions. By accessing or using Heaven Sent Floor Care’s website(s), you are agreeing to these Terms & Conditions and concluding a legally binding contract with Heaven Sent Floor Care. Do not access or use this site or any subsidiary sites if you are unwilling or unable to be bound by the Terms & Conditions.
“You”, “your” “client” and “agent” refer to you, as a user/consumer of our website and services. “We,” “us”, “our” and “Company” refer to Heaven Sent Floor Care (HSFC) and its employees and Officers.
CHANGES TO THE TERMS OF SERVICE
Heaven Sent Floor Care may modify the Terms & Conditions from time to time. You understand and agree that your access to, our website, subsidiary sites or our services is governed by the Terms & Conditions effective at the time of your access to or use of our services. You should revisit these Terms & Conditions on a regular basis as revised revisions will be binding on you. Any such modification will be effective upon our posting of new Terms & Conditions. You understand and agree that your continued access to or use of Heaven Sent Floor Care’s services after the effective date of the modifications to the Terms & Conditions indicates your voluntary acceptance of the modifications.
We reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use this website, its subsidiaries or our services to:
- Violate our Terms & Conditions. Writing a fake, defamatory review or comment that casts suspicion on the integrity of Heaven Sent Floor Care, its Officers, employees or others associated with Heaven Sent Floor Care. A similar violation would occur where an individual(s) encouraged, directed or compensated to write a review or comment that casts suspicion on the integrity of Heaven Sent Floor Care, its Officers, employees or others associated with Heaven Sent Floor Care;
- Violate any third part’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
iii. Threaten, stalk, harm, or harass Heaven Sent Floor Care, its employees, Officers or anyone associated with us, or promote bigotry or discrimination;
- Solicit personal information from Heaven Sent Floor Care, its employees, Officers or anyone associated with us;
- Violate any applicable law.
You agree to indemnify, defend, and hold Heaven Sent Floor Care, any related companies, suppliers, licensors and partners, and the officers, employees, agents and representatives of each of them (collectively, “HSFC”) harmless, including costs, liabilities and legal fees, from any claim or demand except where gross negligence is found to be applicable by arbitration or a court of law. This indemnity clause includes any claim(s) made by you or any third party arising out of or relating to (i) your access to or use of the website and/or services, (ii) your violation of the Terms and Conditions, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account. This provision shall apply to all claims, regardless of cause, including HSFC performance or failure to perform, and including defects in products, design, installation, maintenance, operation or non-operation of any system, whether based upon negligence, active or passive, warranty, or strict product liability, but this provision shall not apply to claims for loss or damage solely and directly caused by HSFC where gross negligence is found by arbitration or a court of law. HSFC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of HSFC. HSFC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF HSFC ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE WEBSITE OR SERVICES. BY ACCESSING OR USING THE SITE AND SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS. HSFC limitation for any finding of liability will not exceed $300.00. Should a Client desire greater protection against losses the Client must specifically state so and the Estimate will reflect the additional fee(s) commensurate with the level of protection desired.
- Choice of Law and Venue: Texas law will govern these Terms & Conditions, as well as any claim, cause of action or dispute that might arise between you and Heaven Sent Floor Care (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN COLLIN COUNTY, TEXAS.
- RELEASE OF LIABILITY – The Company’s workers are NOT trained movers. It is the Client’s responsibility to clear the areas that are to be serviced of any and all movable items, i.e. furniture, rugs, vases, plants, pets, etc. prior to our arrival on the worksite. If the client chooses not to move the furniture, the client assumes the risk that should some moving be necessary, the client hereby releases HSFC and its workers for any negligence liability claims for any property damage or personal injury that may occur in the process of providing services. Further additional charges at the minimum rate of US $80.00 per man hour, with a minimum charge of $80.00 may be added to the total price of the contract.
- PROTECTION OF SURROUNDING SURFACES, FINISHES & AREAS: The Company will make every attempt that they deem reasonable to protect any and all surrounding areas. Use of which is most often but not limited to the use of 3M plastic and “Blue Painters Tape”. If during the actual service to be performed or the removal of such tape or any other tape the surface/s are scuffed, marred, discolored or affected in anyway, the client releases the Company for any damage or the repair of it and will NOT be held liable.
- WATER, MOISTURE & RELATED DAMAGE: Because of the nature of any type of stone and or tile work, there is often a large amount of water used, sometimes even under high pressure. That being the case, the client releases the Company for any damage that might or might not be connected in some way to the service being performed or the migration of water or moisture to any other area connected to or otherwise may at some time become affected by any type or related type of water or moisture damage.
- CRACKED, LOOSE, BROKEN, CHIPPED, & MISSING GROUT, TILE or SLAB: If any of the aforementioned things should occur before, during or after service of a given area, the client releases the Company for the damage or the repair of it.
- REPAIR OF STONE: The Company makes no guarantee that any repair(s) to any stone or other surface we may work on in repairing will be restored to any specific state or that the repair(s) will in fact be improved upon more so than when we started. We do not guarantee that all repair(s) can be effectively made or that the repair(s) will be permanent. The sole remedy is replacement. All repairs are billable at the rate quoted regardless of the end result(s).
- SANDED GROUT: If sanded type grout was used in a natural stone floor it is always the Company’s recommendation that it be removed and replaced with a Non-Sanded type of grout, if this is not done the Company assumes NO responsibility for any damage resulting from the sanded grout.
- RESTORATION: Simple restoration (Light Resurfacing) of the stone involves the process of honing the surface by using an abrasive means of different natures. The very top of the stone will be “sanded away”, thus eliminating most etching and most of the scratches that make the stone look dull. This process does not go very deep and will not remove all scratches. It is possible that some scratches might result from this process that will not show until the job is complete. These scratches, if they should occur, will NOT detract from the overall appearance of the job. It should also be noted at this time that the final level of shine or lack thereof may be different from the original factory level. The procedures, equipment, techniques and materials used in the field are not the same as used in the factory and subsequently it is NOT reasonable to expect the exact same appearance as was first achieved by the factory. The Company is not responsible for the removal of paint from any surface. The Company does not guarantee removal of any stains or other type of discoloration from any surface.
- STRIPPING: The Company does not guarantee that all sealers however previously applied can or will be completely removed from any tile or grout.
- STAINING: When staining Mexican Tile, Saltillo, Brick or similar surfaces, we do not guarantee a particular end result of the particular color or consistency of the color throughout the surface. The porosity can vary from one tile to the next and prior stains and chemicals used on the surfaces can make a predetermined outcome virtually impossible.
- POLISHING: When polishing any natural stone the COMPANY does not make any guarantees as to a specific “gloss level”. There are several different qualities of natural stone, varying amounts of fill from tile to tile, lighting in any one area can influence this too. Some natural stone is prone to absorb the polishing compound(s) to varying degrees that we may use. The COMPANY is not responsible for a pristine result based on factors that we have no control of or that were not considered in the contract.
- GRINDING and FLATTENING/LIPPAGE REMOVAL: This is the most extreme procedure pertaining to abrasives that can be done to your stone floor. Due to the high level of weight that is needed and the resulting vibrations, the flooring could crack, chip or loosen if it was not properly installed. If this should occur for any reason at any time, the client releases the Company for the damage or the repair of it.
- SLIP, TRIP and FALL: You are responsible for keeping any and all non-Company personnel out of the work area and surrounding area until the area(s) are released back to the client. The client understands that a shiny surface could become slippery at some point in time. The client releases the Company or its workers responsible for any resulting damage at any time.
- GENERAL LIMITATIONS: All grinding machines used by the Company work in a rotary mode, therefore, corners can NOT be serviced. The machines will also miss the first two to three inches along the bases of walls, under cabinets, around faucets, along the edges of said surfaces, etc. The Company will take whatever steps it deems necessary to blend these areas together to a level that the Company deems reasonable. Stone baseboards are never any part of any restoration contract. The same limitations with regards to the edges of floors would apply to counter-tops and surrounding areas as well. The grout may or may not in effect become clean as a result of work being done to the surface of the stone. Either way, the end resulting appearance of the grout is the finished product. It is also NOT the responsibility of the Company if water should somehow get behind the stone and result in some type of damage, real, perceived or otherwise. The client releases the Company should the electrical components or plumbing components in the dwelling being serviced experience some failure or damage, real, perceived or otherwise.
- ARBITRATION: All parties agree to arbitrate any disputes. The arbitrator shall be selected by HSFC. The decision of the arbitrator will be binding on all parties. The Client will be responsible for all fees related to the arbitration of the dispute(s). Should the Client refuse arbitration, HSFC will pursue whatever course of legal action(s) are required to achieve the collection of the fees due HSFC under the Terms and Conditions of which the client will be responsible for.
- PAYMENT and CANCELLATION OF CONTRACT or DATE – TIME IS OF THE ESSENCE: Full payment is due upon completion of work. If payment is not made in full upon demand, the Client is responsible for one and a half times the total value of the contract as penalty for non-payment; and twelve percent of the total amount compounded monthly as a late fee until payment is made in full. Should the client stop payment on any check or credit or debit card transaction or the transaction be deemed insufficient funds they will also be responsible for one and a half times the total payment and all fees from our bank as a result of said cancellation or NSF status; and sixteen percent of the total amount compounded monthly as a late fee until payment is made in full. The client is also responsible for any and all cost incurred by the collection of any related disputes of this contract, including but not limited to court costs, postage fees, copying, depositions, expert witnesses, subpoenas, and attorney fees.
No verbal statements, advertisements or promises of anyone will be honored outside these Terms and Conditions. Company Policy shall not be compromised or violated in any form in executing any transaction with a customer or their agent. As a rule, the Client can NOT cancel this contract or the date(s) set forth for the job, for any reason unless otherwise agreed upon in writing from the Company. If a cancellation of date from the Client occurs without a MIMIMUM of 72 hours’ notice [notice is defined by speaking to HSFC via phone or leaving a voice message], it shall constitute breach of contract, and the Company reserves the right to retain any and all deposits or pursue collection by whatever means is necessary. On the other hand, the Company commits itself to honor the date(s) scheduled for the job, but it will not be held responsible for cancellation of a date in case of: I. Illness of personnel, II. Break-down of equipment, III. Severe weather conditions, IV. Strikes, V. Any other possible event beyond its control. Should any such event(s) occur, the Company will schedule a new date together with the Client and this new date shall become part of this contract and be as binding as the original date.
- DISPUTE: Should any Client become argumentative, loud or otherwise disruptive with the Company at any point during the contract period and the Company perceives the Client has created an environment not conducive to continuing to work in, the Company may choose to leave the work site and not return. At that time the Client will have breached the contract and be liable for the entire amount of the contract and all penalties described herein.
- AFTER WORK CLEAN-UP: It is the responsibility of the Company to deliver the object(s) of the contract (floor, wall, vanity, furniture tops, etc.) decently clean. The finished product of the cleaning the Company delivers is the end result. The Company’s workers will also remove all masking material and clean the worst of possible splatters from corners, baseboards, moldings, mirrors, walls, etc., but the Client must not be too particular about this, because the Company’s workers are not professional maids. However, the nature of the splatters produced during the working process is mostly water with either stone powder or polishing compound in it, therefore, even when dry, splatters generally will not cause any damage and can be easily removed with a damp cloth. Further – in the case of a floor – the fine powder mentioned above (usually a light color) may stick to a darker colored grout and may not come out with the standard after work clean-up. The removal of such powder from the grouting is neither included in the price of the contract, nor is it available.
- COMPLETION OF WORK PROJECT – TIME IS OF THE ESSENCE: The Client is responsible for any payments. The Company does not accept promises of payment from third parties. The Company will provide an estimated time of completion of the work. In the event, the client or agent does not make themselves available to inspect the completed project at the estimated time the Company provides, the project is considered complete and no return trips to resolve any issue(s) will be required of the Company. Should payment have not been already paid, the Company will strive to contact the client or agent to secure payment via the Internet prior to leaving the work site. In the event, that payment is not received for any reason prior to leaving the work site, a breach of contract will have occurred.
- NO WARRANTIES WHETHER EXPRESS OR IMPLIED: HSFC disclaims any warranty whether express or implied, statutory or otherwise, in relation to the services offered or performed.
- LEGAL, PHOTOGRAPHS, COMMENTS, and TESTIMONIAL(S) WAIVERS: The Company reserves the right to use any and all photographs, comments and or testimonials of work it performs in whatever way it chooses for the use of advertising and marketing. Your posting of any online reviews, comments or in print that defame, criticize, or cast suspicion on Heaven Sent Floor Care, its employees, or Officers reputation, integrity or otherwise complains of the Terms & Conditions you agree to herein will result in the imposition of $750.00 fee payable to us for every review or comment meeting the aforementioned criteria. The $750.00 fee applies if you directly or indirectly caused said review(s) to be posted in multiple locations. For example, posting said review on one site which in turn causes it to be syndicated to other sites would hold you liable for all the postings.
We will pursue whatever course of action is necessary to collect and/or remove the review(s)/comment(s). You agree to be responsible for all fees, including legal, that are required to achieve the collection of the fee(s) and/or all fees associated with the removal of the review(s) and/or comments. Any violation of the above will at a minimum cause a “Breach of Contract” under Texas law. Should the Company choose not to retain the services of an attorney, the Client will be responsible for document preparation fees in the amount of $65.00 per hour by the Company. All costs related to depositions, costs of suit, copying, postage and other related fees will be paid to the Company by the Client. The above explanations and limitations are to make you aware of what to expect. These Terms and Conditions constitute the entire agreement between the parties. No promises, opinions or advertisements of anyone will bind HSFC to anything outside these Terms and Conditions.