Terms & Conditions for Subcontractor


Last Updated: 12/6/19
 
Thank you for your interest in Coastline Pro Cleaners!
 
Please read these Terms & Conditions carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, except where prohibited, an agreement to arbitrate on an individual basis (unless you opt out), and obligations to comply with applicable laws and regulations.


Updates. The Company reserves the right, at our sole discretion, to update the Agreement at any time. If we update the Agreement, we will post the updates on our website. We will also update the “Last Updated” date at the top of this Agreement. By continuing to do business with the Company after we have posted an update or have provided you with notice of an update, you are indicating that you agree to be bound by the updated Agreement. If the updated Agreement is not acceptable to you, your sole recourse is to stop doing business with the Company in which case the previous effective version of the Agreement will apply to you, unless you have used the Services during the intervening 30 day period, in which case the new version of the Agreement will apply to you.


Introduction
 
Coastline Pro Cleaners LLC, for an behalf of its subsidiaries (collectively, "CPC", "we", "us" or the "Company"), provides cleaning services to businesses and consumers. The Company has a support team of subcontractors (the "cleaning team") to render all cleaning services ("Service/s"). The cleaning team is managed by the Company.


1. Welcome to Coastline Pro Cleaners
1.1 Thank you for deciding to do business with Coastline Pro Cleaners LLC. These Terms & Conditions (the "Agreement"), including any updates made to it, contains the Terms & Conditions of your Agreement with the Company. This Agreement is executed on the date as specified in your application. 


1.2 It is understood and agreed that if hired, you will hired as a subcontractor and not an employee.
 
1.3 The Customer and the Company agree that any calls with the Company, whether or not initiated by the Company, may be monitored and recorded for quality purposes.
 
1.4 You represent and warrant that you have full legal power and authority to enter into this Agreement, perform the obligations hereunder, and authorize and pay all service charges and fees set forth in the Agreement or Work Order.


2. Business License, Business Insurance and Workers Compensation Insurance 
2.1 As a subcontractor you are required to have a current business license. The company will need a copy of this document.


2.2 As a subcontractor you are required to have general business liability insurance. The company will need a copy of this document.


2.3 If you have any employees you will need to have workers compensation insurance. The company will need a copy of this document.


2.4 Hiring other subcontractors is not allowed by the Company. 


3.Payment
3.1 The Company will pay you once per month on the 10th of every month for all the services provided in the previous month.   


3.2 You will get your monthly payment electronically or we will mail you a check. 


4.Fees
I understand that, if hired the following fees will apply.


4.1 Background check: When you apply to work at Coastline Pro Cleaners LLC as a subcontractor, we require a background check for every hired subcontractor. There will be a $50 background check fee. This fee is not refundable once the background check has been completed. This helps build trust with potential customers.


4.2 Accepting one-time service jobs: $0 fees


4.3 Janitorial recurring jobs: 10% fee of the total monthly service pay for each account that is accepted with a minimum fee of $20 and maximum fee of $100. This fees is not refundable after 30 days from the first service date.


4.4 Cancellation fee: 
$10 fee between 24 - 48 hours before the scheduled job
$25 fee between 4 - 24 hours before the scheduled job
$40 fee or 15% fee whichever is greater when you cancel 4 hours or less before the scheduled job


4.5 No show fee: $50 fee or 25% fee whichever is greater when you do not show up to a scheduled job and give no notice.
 


4.6 Referral fee: If you offer your services to customers outside the Company, you will be charged a referral fee of $100. This fee is thus expressly intended to push back against Company disintermediation. Instead of taking customers “off the Company,” cleaners are advised to ask a customer to deal with the Company directly.
 


4.7 Any applicable fees will be charged automatically to the payment method we have on file or deducted from the monthly pay.


4.8 In the event the funds in the designated payment method on file are insufficient to cover any fees, you agree to submit payment of amounts owing to the Company upon demand and through alternative means. Unless otherwise agreed upon, the Company may charge any alternative account maintained by you for the amount due and owing without further notice to or approval from you. 


5.Equipment and Cleaning Supplies 
5.1 Typically subcontractors are required to provide all the equipment and cleaning supplies. However, there will be situations where it will make more sense for the Company to provide some of the equipment and cleaning supplies for the subcontractor to use.  


6.Premises and Facility 
6.1 The Company will provide access to premises and facilities to the subcontractors in writing when there is a job assigned or accepted.
 
6.2 I understand that no person under the age of 18 will be allowed on any of the Company's customers facilities or premises (including parking lots).


7.Quality Control 
7.1 The Company will perform cleaning inspections at random days and times to ensure service quality. 


7.2 You agree to communicate with the Company on a regular basis and send any pictures related to the job if necessary. The Company may also request pictures to be sent to the Company.


8. Billing/ Invoices
8.1 As a subcontractor you are required to email all invoices to the Company once per month by the 3rd of every month for all the services provided in the previous month.   


8.2 Please use the following email for all invoices:
accounts@coastlineprocleaners.com


9.Customer Service Rescheduling or Customer Service Cancelation 
9.1 If a Customer cancels or reschedules a cleaning service for any reason you will get notified immediately. 


One-time Jobs
9.2 Customers are required to give a minimum of 24 hours notice to reschedule or cancel before the scheduled service start date and time to prevent a fee of $50 or 20% of the total service amount whichever is greater. If the Customer does not give a 24 hour notice before the scheduled service start date and time you will get paid $50 or 20% of your total service amount whichever is greater.


9.3 You will get paid the full service amount if customer reschedules or cancel a cleaning service 4 hours or less before the scheduled service date and time. 
 
9.4 The Company will use these fees to compensate you for your lost income opportunity.


Recurring Jobs
9.5 Customers are required to give a minimum of 14 days notice to cancel recurring services. There are no fees if the customer those not provide a minimum of 14 days notice but you will still get paid for the last 14 days. 


Keys
9.6 If you have any keys, you are required to immediately mail, ship or drop the keys off at 380 S. Melrose Drive Suite 300 Vista, CA 92081. If you are mailing the keys, make sure to tape the keys well to a hard piece of paper or wrap the keys in paper and tape it to another piece of paper.  


10.Holidays
10.1 The Company will not be performing any services on the following holidays: Thanksgiving, the day after Thanksgiving and Christmas Day and the day after. If any holidays happen to fall on the service date, the Company will provide service before or after the holidays.


11.At Will Employment 
11.1 At-will employment is a term used in U.S. labor law for contractual relationships in which you can be dismissed by the Company for any reason, and without warning, as long as the reason is not illegal.


12.Leave and Final Payment
12.1 We require a minimum of 14 days written notice if you decide to leave the Company for any reason. Written notices can be sent to accounts@coastlineprocleaners.com


12.2 We require any Company property to be returned immediately. This includes any keys, uniforms and cleaning equipment to name a few before you can get your final payment. Company property can be mailed, shipped or dropped off at 380 S. Melrose Drive Suite 300 Vista, CA 92081


12.3 You will get your final payment electronically or we will mail you a check. It will take about 6 business days for you to receive your final payment from the day the payment is processed. 


13. Fraud, Misuse, Abuse, or Suspicious Activity 
13.1 If we see evidence of fraud, misuse, abuse, or suspicious activity, we'll investigate and if we determine that fraud, misuse or abuse has occurred, we may take action against you. We may terminate you and without prior written notice.
 
13.2 The Company may take legal action to recover our monetary losses, including litigation costs and damages.
 
13.3 The Company may use a collection agency to secure any remaining balance owed by you after employment termination.
 


13.4 Any person who knowingly and with intent to defraud the Company commits a fraudulent act which is a crime and subjects the person or business to criminal and civil penalties.  
 
14. Amending the Agreement
14.1 All the terms in this Agreement are subject to be updated upon thirty (30) days written notice to you. Subcontractor’s continued business relationship with the Company after the designated effective date shall indicate Subcontractor’s acceptance of the new terms to the Master Customer Agreement. 
 
14.2 Subcontractor may cancel this Agreement on or before the effective date of such update by giving the Company written notice within ten (10) days of the designated effective date.
 
14.3 These terms are subject to be updated by reason of any applicable rule/ regulation by the state of California or because of an update in the Company’s interests.      
 
15. Basic Subcontractor’s Responsibilities  
15.1 You shall notify the Company of any updates in your address, phone number and email. Failure to notify the Company shall constitute a waiver by Subcontractor of any defense based on failure to receive any notice.


16.Non-compete Agreement
16.1 I agree that, during the employment term and for two (2) years following termination or leave of employment with the Company for any reason, I will not solicit directly or indirectly any of the Company's current or former customers for any other work for any reason. This includes blinds cleaning, carpet cleaning, floor scrub and recoat, house cleaning, janitorial, post construction clean-up, power washing, pressure washing, strip and wax, tile and grout cleaning, window cleaning and any other similar services. Nor shall I solicit any of the Company's customers for the benefit of a third party that is engaged in a similar business to that of the Company. I shall report all such requests directly to the Company. If I violate the Company's non-compete agreement it will be a termination offense and the Company will sue the responsible party for loss of overhead and profit for all work done for the Company's current customers and former customers.


17.Non-disclosure Agreement
17.1 I agree not to share any confidential information and proprietary information directly or indirectly relating to the Company. I hereby submit the following confidential information in screening for the business opportunity. I understand that submission of this screening does not obligate the Company or the applicant in any manner.


18.Legal
18.1 Our staff is considered as “Independent Contractors”, hence, the usual employee compensation structure is not applicable.


18.2 Payment will be per job completed. No deductions or mandatory contributions will affect your monthly pay, thus, you get your pay in full.


18.3 Contractors work on a no work, no pay policy.


18.4 No benefits such as social security, unemployment insurance, workers compensation, healthcare care insurance, disability insurance or paid 
leave to name a few.


18.5 Work schedules have to be strictly followed. You work on customer's premises or facilities. Sometimes customers are not so flexible with the work schedules so we have to go with their work schedule preference. Even holidays observed are based on the client’s location.


18.6 We offer long term roles, which lasts a minimum of 1 year but may extend to years ahead. However, if your contract is terminated, you’ll only receive the days you’ve rendered prior to your last day at work. No separation pay of sort.


18.7 We cannot accept everyone into our Company so please do not take it personal.


19. Limitation of the Company’s Liability and Indemnity
19.1 Subcontractor will indemnify, defend, and hold the Company and its owners, officers, directors, agents, affiliates, and employees harmless from and against any and all third party claims, actions, losses, damages, liabilities, costs, and expenses (including but not limited to attorneys’ fees and court costs) (collectively a “Third Party Claim”) arising out of or in connection with cleaning services, subcontractor's errors and omissions, any breach of representations or warranties provided under this Agreement by subcontractor, any Promotion, including any claims for any violation by the Promotion of any applicable law, rule or regulation, Subcontractor’s products or services or the provision thereof to end users. The Company will notify the subcontractor promptly of any Third Party Claim for which it seeks indemnification and will permit subcontractor to control the defense of such Third Party Claim with counsel chosen by subcontractor; provided, that subcontractor will not enter into any settlement that contains any admission or stipulation to any guilt, fault, liability or wrongdoing on the part of the Company without the Company’s prior written consent.
 
19.2 The Company does not represent or guarantee the safety of the subcontractor's in the facility or premises.
 
19.3 The Company shall not be liable for any subcontractor's items that are lost, stolen or missing. 
 
19.4 The subcontor is responsible for property damage and bodily injury that is covered under the general business liability insurance.
 
19.5 No promises or representations of safety or security have been made to subcontractor by the Company for the subcontractor's owners, officers, directors, agents, affiliates, and employees. There shall be no liability to the Company in the event the Company's employees or subcontractors commit any type of assault to another subcontractor.
 
19.6 Subcontractor hereby releases the Company from any and all claims for loss to personal or business property that are caused by or result from theft.
 
20. Choice of Law and Arbitration
20.1 Any claim, controversy, cause of action or dispute that might arise between Subcontractor and the Company ("Claim") will be exclusively governed by the laws of the United States of America and the State of California consistent with the Federal Arbitration Act without regard to conflict of law provisions or giving effect to any principles that may provide for the application of the laws of another jurisdiction. Customer agrees that any subpoena, third-party discovery request, or other third-party process directed to the Company must issue from, or be domesticated by, the state or federal courts located within San Diego, California.
 
20.2 All Claims must be exclusively and finally resolved and settled by final and binding arbitration administered by and in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) before a single arbitrator who is a member of the AAA. Arbitrations will be held in San Diego, California, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitrator will issue a ruling in writing, and will detail all findings of fact and law upon which the ruling was made. The arbitrator will not have the power to commit errors of law or legal reasoning, and the ruling may be vacated or corrected on appeal to a court of competent jurisdiction for such errors. The arbitrator’s ruling will otherwise be final and binding on all parties, and may be entered in any court of competent jurisdiction. NOTWITHSTANDING THE FOREGOING, FOR ANY CLAIM THAT IS NOT SUBJECT TO ARBITRATION, 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 SAN DIEGO COUNTY, CALIFORNIA, WHICH IS THE PLACE OF PERFORMANCE OF THESE TERMS.
 
20.3 SUBCONTRACTOR AND THE COMPANY AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH SUBCONTRACTOR  AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A CLAIM IMPLICATES THIS SUBSECTION (C), AND THIS SUBSECTION (C) IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT, SUCH CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.
 
21. Miscellaneous
21.1 Any of the subcontractor’s terms or conditions that are in addition to or different from those contained in or added by way of interlineation to the Agreement, including any Work Order, as originally provided to subcontractor by the Company that are not separately expressly agreed to in writing by both parties are deemed material and are hereby objected to and rejected by the Company. No conditions, printed or otherwise, appearing on other contracts, orders or copy instructions that conflict with, vary, or add to this Agreement will be binding by the Company, and any conflicting or additional terms contained in any other documents or oral discussions are void. The Agreement embodies the entire and exclusive Agreement between the parties respecting the subject matter herein, and supersedes any and all prior related oral, emailed or written representations and agreements between the parties. No statements or promises by either party have been relied upon in entering into the Agreement, except as expressly set forth herein.
 
21.2 Notices under the Agreement must be in writing and sent via the following methods. The Company may provide effective notice to subcontractor by facsimile, registered or certified mail, commercial courier or by sending an email to the email address specified in your application and the notice will be deemed received when received by subcontractor, but in any event no later than three (3) days after dispatch by the Company. Any notices sent by subcontractor to the Company must be sent via registered or certified mail, or commercial courier to its main service address., 380 S Melrose Dr Suite 300 Vista, California 92081, though notices of employment leave for convenience may also be sent via email as specified above in Section 11, and will be deemed received when such notice is received by the Company.
 
21.3 Any conflict among the Agreement and Work Order will be resolved first in favor of the Work Order (most recent first, if applicable) and then the Agreement. The Agreement may not be amended or modified except as agreed upon in writing by the parties. No provision in the Agreement may be waived, except pursuant to a writing executed by the party against whom the waiver is sought to be enforced. Subcontractor may not assign any rights or obligations under the Agreement without the Company’s prior written consent, and any purported assignment by the Company shall be void. If any provision of the Agreement is held to be invalid or unenforceable, the parties will either substitute for the affected provision a valid or enforceable provision that approximates the intent and economic effect of the affected provision or strike such provision without further prejudice to the Agreement such that all remaining provisions of the Agreement shall remain in full force and effect. Sections 13, 14, 16, 17, 19 and 20  of the Agreement will survive any employment leave or employment termination of the Agreement.
 
21.4 This Agreement contains the entire Agreement of the parties and no representation or agreements, oral, or otherwise, between the Company and Customer not embodied herein shall be of any force or effect (except for written addenda agreed to between the parties).
 
21.5 The Company and Customer hereby execute this Agreement to be effective on the Service Agreement Date listed above.

 

 


By agreeing to these terms and conditions, you represent and warrant that you have full legal power and authority to enter into this Agreement, perform the obligations hereunder, and authorize and pay any fees.


I certify that the facts set forth in this application are true, complete and correct to the best of my knowledge. I understand that any misrepresentations, falsifications, or omissions on this application can be grounds for immediate denial of my appointment or removal from consideration or, if I have entered into a contract with the Company, for immediate termination of that contract. I authorize the Company to make any necessary inquiries and investigations into my education, references, or employment history. I further authorize the Company, unless otherwise indicated on this application, the release of my information to the Company, or employers listed on this application. I also hereby release the Company from liability and its representatives for seeking, gathering and using such information to make decisions concerning my status as a subcontractor for the Company and all other persons or organizations for providing such information. I understand and agree that if this application is accepted, my status will be that of a subcontractor and as such, I will be solely responsible for all tax liabilities pertaining to payments
received in the course of services I render. If I am retained by the Company as a subcontractor I will not be entitled to workers compensation benefits, nor be entitled to unemployment insurance benefits, nor be obligated to pay federal and state income tax on any payments paid pursuant to the contractual relationship be required to provide professional and liability insurance I represent and warrant that I have read and fully understand the foregoing, and that I seek to become a subcontractor under these conditions.


DEFINITIONS:
a. “Agreement” means the terms and conditions set forth herein and in all documents incorporated herein by reference.
b. “Coastline Pro Cleaners” “CPC,” “the Company,” “we,” “our” and “us” mean the affiliates and subsidiaries of Coastline
Pro Cleaners.
c. “Service” or “Services” means all cleaning services offered by Coastline Pro Cleaners and for purposes of clarity only.
d. “I”, “you”, "your", “cleaners” means all the employees, subcontractors and workers applying for employment at Coastline Pro
Cleaners LLC.

380 S. Melrose Drive Suite 300
Vista, CA 92081

© 2020 Coastline Pro Cleaners, LLC

  • Facebook Social Icon
  • Twitter Social Icon
  • Google+ Social Icon
  • Pinterest Social Icon