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ONLINE SERVICE AGREEMENT
Last Updated: 12/11/2024
This Agreement (the "Agreement") is made between the customer (the "Client") and Bodays LLC — Kal Power-Washing (the "Service Provider").
By accessing and using our services (the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (the "Agreement").
Legal Binding Agreement:
For Website Users: If you are signing the Agreement via our website, your signature below signifies that you agree to the terms of this Agreement. By signing, you acknowledge that this is a legally binding agreement and that any breach of the terms may result in damages, including retention of any deposits paid.
For App Users: If you are using our app, by checking the box that indicates your acceptance of these Terms and Conditions and submitting the form, you agree to be bound by this Agreement. This checkbox serves as your electronic signature, and by checking it, you affirm that you have read, understood, and agree to the terms of this legally binding contract. If you violate any terms of this Agreement, any deposits made may be retained as damages.
Deposits and Damages:
In the event that you breach any of the terms outlined in this Agreement, any deposits made by you may be retained as damages. This includes, but is not limited to, cancellations, no-shows, or other violations of the terms specified.
The Client agrees to ensure the following preparations are completed before the service is performed:
Prepare the property 4-6 hours prior to the scheduled arrival. Kal Power-Washing may arrive earlier than scheduled.
Ensure the water spigot is functional with steady pressure (minimum 30 PSI). The water supply must be direct (not connected via a faucet).
Close all windows and doors securely.
Shut off all outdoor electrical outlets and fixtures at the breaker box, unless they are properly covered.
Remove window screens if window cleaning is requested.
Clear all work areas of personal items, including furniture, plants, vehicles, etc. An additional charge will apply if items need to be moved. A surcharge of $40.00 applies if Kal Power-Washing is required to move objects (see Section 14: Removal & Replacement of Deck Contents).
Keep pets and children away from the work area during the service and for at least 24 hours afterward.
Kal Power-Washing warrants services against defects in workmanship for 1 year from the completion date. This warranty covers the removal of dirt, grime, and stains from surfaces, but does not cover:
Damages from negligence or misuse.
Acts of nature (e.g., storms, floods).
Pre-existing conditions (e.g., defective construction, improper installation of windows or siding).
If a warranty claim is made, Kal Power-Washing will re-perform the service or provide a partial refund at its discretion. The Client must contact Kal Power-Washing to report issues.
Kal Power-Washing carries liability insurance for select projects. The policy details will be provided upon request.
The Client agrees to provide Kal Power-Washing access to a functioning water supply and electricity to perform the services. Additional charges apply if an external water supply or electricity source is required.
7. Payment Terms
All payments must be made via online payment or through the Kal Power-Washing app. Payments can be made by cash or credit/debit card. The Client may choose between hourly or flat-rate billing, depending on the service type or package, as specified in the service agreement. Any past-due invoices will incur a 7% late fee, and unpaid balances after 30 days will be sent to collections. The Client agrees to pay any associated legal fees.
8. Installment Agreement (if applicable)
For installment payment options, the Client agrees to provide necessary documentation (e.g., ID, Social Security number) and undergo a background and credit check. Installment plans of 6 months or 12 months with applicable interest rates will be specified in the contract. Payments must be made via direct deposit to Kal Power-Washing's provided account number.
Weather conditions may impact the scheduling of services. Kal Power-Washing will notify the Client of any delays or changes.
Kal Power-Washing is not responsible for:
Damage to improperly installed or defective materials (e.g., siding, shingles, windows, caulking, etc.).
Staining or fading caused by weathering or prior conditions of the surfaces.
Water infiltration resulting from poor installation or sealing of windows, doors, or electrical components.
Issues caused by loose mortar or similar conditions.
Kal Power-Washing will document any pre-existing damages during the pre-inspection and notify the Client of any new damage found during service.
Some stains (e.g., tree sap, artillery fungus, paint splatter) may not be removable with power washing. The Client is advised that surface conditions, including color variation or imperfections, may be more visible after cleaning due to the removal of dirt or grime.
The appearance of concrete may be affected by its age and prior exposure to dirt, mold, mildew, and stains. Kal Power-Washing is not responsible for imperfections revealed after cleaning.
Kal Power-Washing will perform a pre-service inspection and document any existing damage. The Client will sign off on this document at the time of service. If the Client is unavailable, Kal Power-Washing will notify them of the damages before completing the work.
The Client is responsible for removing items (e.g., grills, furniture, planters) from decks or any other areas to be cleaned. Additional charges may apply for the removal of such items.
Window cleaning is a separate service, and Kal Power-Washing is not responsible for window spotting or water spots that may occur due to mineral content in local water. If window cleaning is requested, the Client must remove window screens.
The natural aging of wood and other materials can result in variations in color after power washing. Kal Power-Washing will attempt to match expectations but cannot guarantee a perfect match in tone or finish.
17) Safety and Access:
The Client is responsible for ensuring that the areas to be cleaned are safe and accessible. This includes clearing any obstacles, debris, or personal property that may hinder the cleaning process. The Client agrees to provide access to all areas of the property where services are to be performed, including but not limited to roof access points, walkways, or gates.
If the company encounters any safety hazards or obstacles that cannot be safely navigated, the company reserves the right to delay or reschedule the service until the hazard is addressed. The company is not responsible for any damage to the Client's property that occurs due to obstructed access, unsafe conditions, or the failure of the Client to provide adequate access.
18) Pressure and Cleaning Techniques:
The Client understands that the company utilizes a variety of cleaning techniques depending on the surface, material, and condition of the property. These may include low-pressure washing, soft washing, or surface-specific treatments. While the company strives to use the safest and most effective methods for each project, the Client acknowledges that some surfaces or materials may be more susceptible to damage, particularly with high-pressure methods.
The Client is aware that certain areas, such as delicate siding, older roofs, or porous surfaces, may require softer or more specialized cleaning techniques to avoid damage. The company is not responsible for any damage resulting from the use of pressure on surfaces that are known to be susceptible to it unless specified otherwise in the agreement.
If the Client has any concerns regarding the use of pressure or cleaning methods on their property, they are encouraged to discuss these concerns with the company prior to the commencement of service.
19) Oxidation Section:
The Client understands that any blemish, flaw, or existing oxidation on the home will become more noticeable after cleaning. Homes that have not been properly maintained or have sustained prolonged sun exposure are particularly susceptible to oxidation. Signs of oxidation include, but are not limited to, chalky white powder on the siding and the loss of the clear luster. If your home is affected by oxidation, these changes may become more visible post-cleaning.
When a home is covered with debris, these blemishes may be less noticeable. In most cases, these issues will be pointed out during the estimate inspection or during the cleaning process. However, the Client acknowledges that not every flaw may be identified during the initial inspection, and the company will not be liable for any oxidation-related issues that become more visible after cleaning unless negligence on the company’s part is established.
The Client understands that the company offers an additional, optional service specifically designed to address oxidation removal. This is a separate and additional cost, and the Client acknowledges that this service differs substantially from a basic house wash.
20) Weep Holes:
The Client understands that the cleaning solution used by the company is designed to be safe and effective for house washing, and it will not cause discoloration or damage to the siding.
However, the Client is aware that homes with vinyl siding may have "weep holes" which are intentionally installed by the manufacturer for ventilation and to allow condensation to drain. In some cases, dirt, debris, and even insect waste can accumulate in these holes, especially in areas with heavy grime buildup. During cleaning, our solution may draw out this debris and moisture, which can result in faint rust-colored stains or streaks appearing on the siding. These marks are temporary and will typically wash away with rain, morning dew, or a garden hose rinse. They are not permanent stains.
In the event that these marks do not fade or if they are persistent, the company will conduct a follow-up inspection and provide additional rinsing at no extra cost, as long as the marks are within the scope of the original work.
21) Wood or Log Sided Houses:
The Client acknowledges that wood or log-sided homes require special care and attention. Some wood materials, such as cedar, require specific cleaners to prevent damage and achieve optimal results. To avoid compromising the integrity of the wood, only appropriate cleaning techniques and solutions will be used.
Wooden homes may require a detailed evaluation of their current condition, as well as a discussion of the Client’s expectations. The company provides basic wash services as well as preparation for stain or paint applications. The Client agrees to consult with the company's expert technicians for a thorough assessment and the development of a suitable cleaning plan.
It is understood that our cleaning process may cause old stains, paint, or sealers to break down, revealing areas where the finish has worn away over time. Additionally, some lightening or graying of the wood may still occur even after cleaning.
22) Window Cleaning:
The Client understands that a basic window cleaning is included in the house wash service. This will remove most debris, but may leave water spots, especially on windows with hard water. For a pristine, streak-free shine, the Client is encouraged to request the optional window cleaning service.
If the Client opts for the enhanced window cleaning, they must remove any window screens before the scheduled service. The company will not remove screens unless a consent form is signed, acknowledging the potential risks of brittle or fragile screens breaking during removal. There is an additional charge for screen removal.
If the Client does not opt for the additional window cleaning service, the company recommends removing or lifting window screens slightly to allow debris to be washed away during the house wash. Screen removal is not required for this service.
23) Plants/Landscaping:
The Client acknowledges that the company follows specific procedures to protect plant life and landscaping around the cleaning area. However, if services are performed during midday or in direct sunlight, the Client understands that there may be a risk of leaf burn due to water coming into contact with the plants during the cleaning process.
If plant life is affected, the company will evaluate the damage to determine whether the plants are likely to recover or if they have been killed. Following this assessment, the company will decide on the best course of action. The Client acknowledges that this process is not always avoidable, particularly if external factors (e.g., heat or water type) contribute to plant stress.
24) Roof Granular Loss:
The Client understands that roofs naturally experience granular loss over time, which is part of normal wear and tear. Granular loss is particularly noticeable when organic matter like moss, algae, or lichen builds up on the roof, as these growths can accelerate granular loss.
After a roof cleaning, any existing granular loss may be more visible, especially in areas where organic matter was removed. The Client acknowledges that this is not a defect of the cleaning process, but rather the result of underlying roof wear.
The company’s cleaning solution is designed to safely treat the roof without causing damage. However, no guarantee is made regarding the prevention of further granular loss, and the Client agrees to monitor the condition of the roof moving forward.
25) Roof Soft-Wash Treatment:
The Client acknowledges that roof soft washing involves the use of a bleach-based solution to treat organic growths like algae and moss. The service is weather-dependent, and the company is not responsible for failure to perform if conditions change unexpectedly. The Client understands and accepts risks such as discoloration of roofing materials and incomplete removal of organic growth in severe cases. The Client agrees to hold the company harmless for damages unless caused by gross negligence.
26) Touch Ups on Roofs:
The Client acknowledges that some areas, particularly where algae growth was heavy, may show light brown or discolored patches after treatment. These marks represent dead algae that were once black streaks, and it may take time for them to completely wash away due to natural weathering processes like rain and sunlight. The Client is advised to allow 6 to 8 weeks for these brown spots to fade.
If these spots remain after this period, the Client should contact the company for a follow-up inspection. If additional treatment is needed, the company will provide a reapplication of the cleaning solution at no additional charge, provided it falls within the scope of the original agreement.
For roofs affected by moss or lichen, it may take longer for the growths to completely fall off. Since the company uses low-pressure cleaning methods, the solution works gradually over time. If significant growth persists after 6 to 8 weeks, the Client should contact the company for a follow-up assessment.
27) Indemnification:
The Client agrees to indemnify, defend, and hold harmless the Service Provider, its employees, agents, and subcontractors from and against any and all claims, losses, damages, liabilities, penalties, fines, and expenses (including reasonable attorneys' fees and costs) arising out of or resulting from the Client's breach of this Agreement or any wrongful or negligent act or omission by the Client, its employees, agents, or subcontractors.
28) Limitation of Liability:
In no event shall the Service Provider be liable to the Client or any third party for any indirect, incidental, consequential, special, or punitive damages, or for any loss of profits, revenue, or data, arising out of or in connection with this Agreement or the services provided hereunder, even if the Service Provider has been advised of the possibility of such damages. The Service Provider's total liability under this Agreement, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the Client to the Service Provider for the services provided under this Agreement.
29) Force Majeure:
Neither party shall be liable for any delay or failure in performing its obligations under this Agreement if such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil disturbance, labor disputes, or changes in applicable laws or regulations. In such an event, the affected parties shall be entitled to a reasonable extension of time for the performance of their obligations.
30) Dispute Resolution:
Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be resolved by negotiation between the parties in the first instance. If the dispute cannot be resolved by negotiation within thirty (30) days, then the parties agree to submit the dispute to binding arbitration in accordance with the rules of a recognized arbitration body in the jurisdiction in which the Service Provider operates. The decision of the arbitrator(s) shall be final and binding on the parties and may be entered in any court having jurisdiction.
31) Governing Law and Jurisdiction:
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Service Provider operates, without giving effect to any choice or conflict of law provision or rule. Each party irrevocably consents to the exclusive jurisdiction of the courts located in such jurisdiction in connection with any action arising out of or in connection with this Agreement.
32) Content Release & Use:
The Client agrees to allow Kal Power-Washing to utilize any photos, videos, reviews, or descriptions of the property in the context of advertising for the company. If the Client does not wish to have content used, they must inform the company in writing via letter, text, or email, before services are rendered. The company will use these photos, videos, or descriptions without compensation to the Client. Sensitive information such as addresses or names will not be included.
The Client may also choose to allow the company to place a marketing sign on their property for up to seven days. If the sign is damaged (not by natural causes), the Client will be charged the retail cost of the sign. Clients wishing to opt out of content use or signage must notify the company in writing via letter, text, or email, which will be documented in their client profile.
33) Electronic Signatures:
By entering into this Agreement, the Client acknowledges and agrees that electronic signatures, whether digital or encrypted, on any communication related to this Agreement have the same legal validity as handwritten signatures. The Client consents to the use of electronic signatures for all transactions and communications with Kal Power-Washing. The Service Provider may rely on such electronic signatures and considers them to be binding and enforceable.
34) Hazardous Conditions:
Disclosure of Hazards: The Client agrees to disclose any known hazards present on the premises where services are to be performed, including but not limited to pests, wildlife, aggressive pets, or other potentially dangerous conditions.
Assumption of Responsibility: If the Client fails to disclose hazards and personnel encounter dangerous conditions, the Client is responsible for any resulting injuries or damages.
Notification Requirement: The Client must promptly notify the company of any hazardous conditions encountered during service.
Remedial Actions: The company reserves the right to suspend services to mitigate hazardous conditions until resolved.
Contractual Obligations: Failure to comply may result in termination of services without liability for any damages.