Terms of service.

Revised February 2025

Agreement

In this Agreement:

"Services" refers to the cleaning, maintenance, and handyman services provided by 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 the agreement between CMS and the Client that specifies the Services to be performed, pricing, and any special instructions.

This Agreement outlines the Terms of Service (“Terms”) governing the provision of Cleaning and Handyman services ("Work Orders") by CMS Cleaning and Maintenance 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.

  1. Scope of Services

    1. CMS provides professional property cleaning, maintenance, and handyman services, including but not limited to:

    2. 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.

    3. 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 advance of a Quotation or Order. There is no Basic Service level provided for these Services.

    4. Commercial Cleaning: The scope of these services are fully customized and require all details of the services to be confirmed in advance of a Quotation or 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.

    5. CMS does NOT provide licensed trade Work (plumbing, electrical, HVAC), major structural repairs, fire or water damage restoration or hazardous material removal. Any services beyond these standard categories require explicit written agreement in the Order. 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.

  2. Work Performance and Client Instructions

    1. 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.

    2. 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.

      1. 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.

      2. 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.

    3. Risk and Liability in Hazardous or Specialized Work

      1. CMS reserves the right to refuse Work that involves significant hazards, specialized expertise, or regulatory compliance beyond CMS’s scope.

      2. 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.

    4. Tax and Legal Obligations for Work Relationships

      1. The nature of CMS’s relationship with the Client is that of an independent contractor unless otherwise stated by law.

      2. 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.

  3. Client Responsibilities

    1. 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.

    2. The Client must provide safe and unobstructed access to the premises where the Services will be performed.

    3. Ensuring the premises are free from hazards and that all pets and valuables are secured.

    4. Providing any necessary materials or equipment as specified in the Order.

    5. For accommodating through their normal garbage removal services or by making any necessary arrangements for the specific removal of debris or waste generated during the Services including the removal and disposal of any materials which might be assessed as hazardous or in any way have specific disposal requirements unless otherwise agreed in advance.

    6. Inspecting the completed Work and notifying CMS of any discrepancies within 24 hours of service completion.

  4. Estimates and Quotations

    1. 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.

    2. 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.

  5. Work Orders

    1. CMS agrees to provide the Services as described in a Service Agreement or Work Order (collectively, the "Order") accepted by the Client.

    2. The scope of work and any related specifications (“Scope”), pricing, and timelines for each project will be outlined in the Order.

    3. An Order may be represented by and communicated via email or text message and shall be considered valid and binding.

    4. 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.

    5. 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.

  6. Cancellations and Rescheduling

    1. The Client may cancel or reschedule an Order at least 24 hours before the scheduled service without penalty.

    2. Cancellations made less than 24 hours in advance may be subject to a Cancellation Fee which shall be the greater of [50% of the Quotation or $125] to cover lost time and scheduling disruptions.

    3. 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) to help cover the lost time and scheduling disruptions. 

    4. Without penalty, CMS reserves the right to cancel or reschedule Services due to unforeseen circumstances.

  7. Subcontracting and Third-Party Clients

    1. CMS reserves the right to engage subcontractors or third-party service providers to complete certain aspects of the Services.

    2. CMS will ensure subcontractors meet quality and safety standards but is not responsible for damages caused by subcontractors beyond ensuring proper selection and oversight.

    3. Where CMS is engaged by the Client to provide services to a third party ("Third-Party Client"), the Client remains fully responsible for:

      1. Providing CMS with all necessary information, protection, and access required to perform the Services.

      2. 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.

      3. 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.

      4. The Client agrees to indemnify CMS from any liability resulting from third-party engagements, including claims related to WorkSafe BC compliance.

  8. Payment

    1. Payment for Services is due upon completion of Work as per the accepted Quotation.

    2. Payment can be made by cash, check, bank transfer, e-transfer.

    3. Late payments may be subject to a finance charge of 2% per month or as otherwise permitted by law.

    4. 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.

    5. Credit terms may be granted to approved clients on a case-by-case basis.

  9. Client Referrals

    1. CMS acknowledges that it may receive client referrals from realtors or property managers or other entities (collectively, "Referrers").

    2. 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.

    3. 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.

    4. CMS reserves the right to accept or decline any referral at its sole discretion.

  10. Limitation of Liability

    1. CMS’s liability for any claim arising from Services is limited to the amount paid by the Client for the affected service.

    2. CMS is not responsible for indirect, incidental, or consequential damages, including lost income, property devaluation, or business interruptions.

    3. 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.

  11. Insurance

    1. CMS maintains general liability insurance with coverage of 2 million.

    2. 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.

  12. Indemnification

    1. 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:

      1. 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.

      2. 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.

      3. 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.

  13. Complaint Resolution

    1. 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.

    2. CMS will investigate the complaint promptly and attempt to resolve the issue to the client's satisfaction.

    3. CMS will respond to the client in writing within two business days of receiving the complaint.

    4. If the complaint cannot be resolved through internal channels, the parties agree to follow the section of Dispute Resolution of these Terms.

  14. Dispute Resolution

    1. 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.

    2. 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.

    3. 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.

    4. 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.

  15. Governing Law

    1. These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada.   

  16. Severability

    1. 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.

  17. Entire Agreement

    1. 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.   

  18. Partnership

    1. CMS is a partnership registered in British Columbia, Canada.

  19. Modifications

    1. CMS may modify these Terms from time to time.

    2. 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.