Terms of service.
Revised February 2025
Agreement
In this Agreement:
"Services" refers to the cleaning, maintenance, and handy repair services provided by CMS Cleaning and Maintenance “CMS”, as outlined in the Scope of Services section.
"Work" refers to the execution or performance of a specific task within the agreed-upon Services.
"Work Order" (or "Order") refers to an agreement between CMS and the Client that specifies the Services to be performed, pricing, and any special instructions. Where no specific Work Order exists then the “Quotation” shall subsitute as the Work Order.
This Agreement outlines the Terms of Service (“Terms”) governing the provision of Cleaning and Handy Repair services represented by the "Work Orders" by CMS and its Partners ("CMS," "we," "us," or "our"), a Partnership registered in British Columbia, Canada to the client ("Client," "you," or "your").
By engaging CMS for Services, the Client acknowledges and agrees to be bound by these Terms.
For the purposes of this Agreement, the Client shall be understood as the party that commissions the Work to CMS and is responsible for payment, unless otherwise explicitly stated in writing or required by law. In cases where a property manager, general contractor, or realtor refers a client, CMS will consider the referring party as the Client unless a direct contract is established with the referred client.
Scope of Services
CMS provides professional property cleaning, maintenance, and handy repair services, including but not limited to:
Listing Cleaning, Move-in Cleaning, Move-out cleaning: The scope of these services (“Scope”) is guided by a Basic Service level which is further adjusted based on the type and specification of the property and may be customized to include or exclude specific items. Determination of whether or not a service item should or should not have been included in the Scope for a particular Order and was not otherwise clarified shall be at the sole discretion of CMS.
Post Construction Cleaning, Curb Appeal, and Home Repairs: The scope of these services are fully customized and require all details of the services to be confirmed in the Work Order. There is no Basic or Minimum Service level provided for these Services.
Commercial Cleaning: The scope of these services are fully customized and require all details of the services to be confirmed in advance of a Work Order. CMS does NOT provide specific accredited sanitation or disinfection service for Medical or Dental or other High Risk facilities and does not offer any kind of guaranteed sanitation or disinfection service whatsoever. There is no Basic Service level provided for these Services.
CMS does NOT provide licensed trade Work (i.e. plumbing or electrical), major structural repairs, fire or water damage restoration or hazardous material removal. Perforance of any services beyond the standard Services of CMS may require explicit written agreement including waiver to liability. Any referral to or introduction of another trade or vendor by CMS shall NOT constitute a sub-contracted relationship and any Work performed by such a referred party shall not be through CMS or on behalf of CMS but directly with the Client or another third-party and shall not be included in the Scope agreed by CMS.
Work Performance and Client Instructions
Independent Work Execution - Unless explicitly stated in writing, CMS performs services independently, using its own tools, methods, and judgment in completing tasks. The Client acknowledges that CMS personnel are not employees of the Client and have the discretion to determine the most appropriate approach to service execution, consistent with industry standards.
Client-Directed Work and Assumption of Risk - In cases where the Client provides specific instructions on how or when a service should be performed—particularly where such instructions deviate from CMS’s standard methods—the Client assumes responsibility for any risks, damages, inefficiencies, or unintended consequences arising from these instructions.
If the Client requires CMS to use specific tools, cleaning products, or methods outside of CMS’s normal practice, the Client bears responsibility for the outcome.
If the Client directs CMS to perform tasks that carry a risk beyond CMS’s usual expertise or safety measures, CMS reserves the right to decline the Work or require the Client to accept full liability in writing before proceeding.
Risk and Liability in Hazardous or Specialized Work
CMS reserves the right to refuse Work that involves significant hazards, specialized expertise, or regulatory compliance beyond CMS’s scope.
If CMS is requested to proceed with Work that the Client claims specialized knowledge in and wishes to direct, CMS shall not be liable for any damages, injuries, or regulatory violations resulting from the Work.
Tax and Legal Obligations for Work Relationships
The nature of CMS’s relationship with the Client is that of an independent contractor unless otherwise stated by law.
If a regulatory body determines that the nature of a Client-directed service establishes a different legal or tax relationship (e.g., employer-employee), the Client shall be responsible for any resulting obligations, taxes, or liabilities.
Client Responsibilities
The Client is responsible for ensuring the premises are accessible and prepared for service at the scheduled time. If CMS cannot perform the Work due to the Client’s failure to provide access or adequate preparation, CMS reserves the right to charge a rescheduling fee or additional costs incurred at any published or established rates.
The Client must:
Provide safe and unobstructed access to the premises where the Services will be performed.
Ensure the premises are free from hazards and that all pets and valuables are secured.
Provide any necessary parts, materials or equipment specified for provision by the customer in the Work Order.
Inspect the completed Work and notify CMS of any discrepancies within 24 hours of service completion.
Where permited, the Client shall also allow CMS the use of their available garbage removal services for the disposal of acceptable garbage or debri caused by the Work performed or by making any necessary arrangements for the specific removal of debris or waste generated during the Work and as might be agreed in the Work Order or these Terms. Unless otherwise agreed in advance, it shall be the responsibility of the Customer to prepare for disposal and remove, or have removed, any materials which might be assessed as hazardous or in any way have specific disposal requirements at Clients cost.
Estimates and Quotations
Estimates: An estimate is a non-binding price approximation for the Services based on the information provided by the Client. Estimates may be subject to change based on unforeseen circumstances, changes in rates or the Scope.
Quotes: A quote is a fixed price proposal for the Services, valid for 30 days unless otherwise specified, from the date of issuance. Quotes become binding upon written acceptance by the Client. Acceptance of a quote constitutes the Client's agreement to these Terms of Service.
Work Orders
CMS agrees to provide the Services as described in a Service Agreement or Work Order (collectively, the "Order") accepted by the Client.
The scope of work and any related specifications (“Scope”), pricing, and timelines for each project will be outlined in the Order.
An Order may be represented by and communicated via email or text message and shall be considered valid and binding.
Where insufficient Scope is included in the Order, and no Estimate or Quote has been provided, then the Scope of the Order will be supplemented or limited by the Standard Service Specifications (“Services”) unless otherwise stated the final determination of which shall be that of CMS.
CMS reserves the right to refuse any service request or Order, including those referred by realtors or property managers or existing customers and including the repeat of any Work previously performed.
Performance of the Work
Paint matching service is dependant on the sample and process of the paint supplier. The service does not guarantee a perfect match in sheen or colour. The finished work may also be impacted by the comparative texture of the painted area. Full details available by request. It shall be at the Clients additional cost if multiple efforts to secure a closer match are requested and CMS shall reserve the right to refuse such additional work. I the case that a paint does not quite match, CMS will make a best effort to paint the area in a way that might minimize any impact of a variation but in no case shall CMS be responsible for such variation
Most painting work shall require a primer over repaired surfaces and two top coats for a satisactory finish or hide of an underlying mark but the actual painting strategy shall be at the sole descretion of CMS unless the level of painting work is specified in teh Work Order.
Unless specific marks or areas of a surface for repair, cleaning, or paint touch up have been marked or recorded in advance then CMS shall determine, at its sole discretion, which marks on a wall might be included in the Work or left alone. Among other factors, CMS shall consider the viewing distance, lighting, risk vs opportunity for improvement and the total qty or area being repaired. In some cases, CMS may determine it is better to leave a mark as is or paint an entire area.
Unless otherwise agreed, CMS shall reserve the right to include parts, materials, supplies in its Quotations or Invoices as; included and not specified, approximate cost, estimated cost, or a rounded cost. CMS also reserves the right to acrue any benefit of commissions, discounts, loyalty points, etc., which might occur as a result of making purchase or purchasing in a volume or holding as teh inventory of CMS, to the benefit of CMS without the need for disclosure.
Invoices
CMS is GST registered and shall typicaly charge GST on the work performed.
CMS shall also charge PST if, at its sole descretion, CMS determins or was advised by a expert party that PST should be charged.
Where parts or materials are being invoiced as an agent of the Client and such parts or materials canbe classified as a pass-through expense then CMS shall invoice such at the cost incurred including any sales tax paid and shall NOT add additional sales tax to those parts or materials.
Cancellations and Rescheduling.
The Client may cancel or reschedule an Order at least 24 hours before the scheduled service without penalty.
Cancellations made less than 24 hours in advance will be subject to a Cancellation Fee, which shall be the greater of 50% of the Quotation (less parts and materials) or the current Canellation Fee, AND the cost of any materials which have been purchased for the work and can not be returned for credit regardless of cancellation notice period. For clarity, this is to say that CMS shall not incurr the cost of materials for cancelled work in any way whatsoever and shall charge some cost for the loss of work which it can not replace due to the late cancellation.
Rescheduling made less than 24 hours in advance may be subject to a Rescheduling Fee to help cover the cost of lost time, additional travel and scheduling disruption. Any preivious agreements regarding completeion dates and times will also become void and subject to a new agreement of completion.
In cases where CMS arrives on-site but cannot complete the Work due to lack of access, unsafe conditions, or incomplete Client preparation and the Client still wishes CMS to perform the Work then CMS reserves the right to re-schedule the Work and charge a Minimum Service Fee ($125) and charge a Return Visit Fee to help cover the lost time and scheduling disruptions.
Without penalty to CMS whatsoever, CMS reserves the right to cancel or reschedule Services in whole or in part due to unforeseen circumstances including the temporary and urgent re-assignment of workers from one Client to another where CMS shall be the sole judge of such urgency, delays in availability of parts and materials, change to the sequence or interdependance of one service upon another, failure of completion of work or preperations by Client or a 3rd party.
Subcontracting and Third-Party Clients
CMS reserves the right to engage subcontractors or third-party service providers to complete certain aspects of the Services.
CMS will ensure subcontractors meet quality and safety standards but is not responsible for damages caused by subcontractors beyond ensuring proper selection and oversight.
Where CMS is engaged by the Client to provide services to a third party ("Third-Party Client"), the Client remains fully responsible for:
Providing CMS with all necessary information, protection, and access required to perform the Services.
Ensuring that any contractual agreements between the Client and the Third-Party Client do not create obligations for CMS beyond what is outlined in the Order.
CMS is not liable for disputes arising between the Client and a Third-Party Client, nor for any compliance issues relating to WorkSafe BC or other legal responsibilities associated with the Client’s business relationship with a Third-Party Client.
The Client agrees to indemnify CMS from any liability resulting from third-party engagements, including claims related to WorkSafe BC compliance.
Payment
Payment for Services is due upon completion of Work as per the accepted Quotation.
Payment can be made by cash, check, bank transfer, e-transfer.
Late payments may be subject to a finance charge of 2% per month or as otherwise permitted by law.
For new accounts or those requiring the use of subcontracted Work, materials or tool hire, CMS reserves the right to require a 50% advance deposit.
Credit terms may be granted to approved clients on a case-by-case basis.
CMS reserves the right to request partial payment for work performed todate.
CMS resreves the right to ask for partial paymenyt in advance by way of a Deposit amount whereby the deposit amount oaid shall be offset against the invoice total to show a balance outstanding.
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Client Referrals
CMS acknowledges that it may receive client referrals from realtors or property managers or other entities (collectively, "Referrers").
Unless otherwise stated in writing, all referrals are made to CMS without any obligation on CMS to pay the Referrer a commission or any other consideration.
Any consideration provided by CMS to a Referrer for a specific transaction does not obligate CMS to provide any consideration for future transactions with that Referrer or the referred client.
CMS reserves the right to accept or decline any referral at its sole discretion.
Permission
In requesting CMS to perform the Work then CMS shall reasonably assume that the Client has duly researched any need for, and secured, all relevant permission to access and perform the Work and has advise CMS of any specific restrictions regarding noise, start or stop work times, conditions of work pertaining to common or limited common property, local bylaws or rules.
Client further acknowledges that any fine, penalty, cost of stop work orders of any kind, or cost of reversing any work which did not have the required permissions shall be the responsbility of the Client for whom CMS was performing the work.
Limitation of Liability.
CMS’s liability for any claim arising from Services is limited to the amount paid by the Client for the affected service.
CMS is not responsible for indirect, incidental, or consequential damages, including lost income, property devaluation, or business interruptions.
CMS is not liable for damage arising from pre-existing conditions, normal wear and tear, or the use of cleaning agents or materials required by the Client.
Insurance
CMS maintains general liability insurance with coverage of 2 million.
Only the coverage included in the policy of CMS shall be available unless a specific coverage has been requested by the Client and shall only be deemed to be in place if specific evidence of such coverage has been provided to the Client by CMS.
Indemnification
The Client agrees to indemnify, defend, and hold harmless CMS, its affiliates, employees, contractors, and subcontractors from and against any and all claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising from or relating to:
The Client’s breach of these Terms, the Client’s failure to provide accurate or complete information, or any act or omission by the Client or the Client’s representatives, agents, or employees, including third-party clients or subcontractors engaged by the Client.
The Client’s use of the Services, including any third-party claims arising from CMS performing Work on behalf of or for a third-party client under the Client’s engagement, including but not limited to any failure to disclose hazards or risks associated with the work environment.
Any acts of negligence, misconduct, or failure to meet contractual obligations by the Client or any third-party client or subcontractor that CMS engages under the Client’s instruction.
Complaint Resolution
Any complaints regarding the Services provided by CMS should be submitted in writing to info@cmservices.ca within 1 business day of the occurrence of the issue.
CMS will investigate the complaint promptly and attempt to resolve the issue to the client's satisfaction.
CMS will respond to the client in writing within two business days of receiving the complaint.
If the complaint cannot be resolved through internal channels, the parties agree to follow the section of Dispute Resolution of these Terms.
Dispute Resolution
In the event of a dispute, the Client agrees to first engage in good-faith negotiations with CMS to reach a resolution and in all cases, the Client agrees that any claim will be limited to the amount paid for the disputed Work.
If the dispute cannot be resolved through negotiation, and the amount in dispute is $5,000 or less, the parties agree to submit the dispute to the Civil Resolution Tribunal (CRT) in British Columbia.
For disputes involving amounts greater than $5,000 and up to $35,000, the parties agree to submit the dispute to the Small Claims Court of the Provincial Court of British Columbia.
If legal action is required beyond these avenues, it shall be filed in the appropriate court in British Columbia, and the Client agrees that any claim will be limited to the amount paid for the disputed Work.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada.
Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
Entire Agreement
These Terms and any related specifications or conditions included in the accepted Order constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
Partnership
CMS is a partnership registered in British Columbia, Canada.
Modifications
CMS may modify these Terms from time to time.
While CMS will make a reasonable effort to notify the Client of any changes to these Terms, CMS shall not be responsible for any failure to make such effort or for any failure on the part of the Client to check these terms in advance of each transaction it engages CMS in.