Last Updated: May 14, 2025
Managed by Sparkly Maids LLC – Terms and Conditions
The terms and conditions stated herein (collectively, this “Agreement”) constitute a legal agreement between you (the “Customer” or “you”) and Managed by Sparkly Maids LLC, a Texas limited liability company (the “Company,” “we,” “us,” or “our”). By accessing or using our website located at https://sparklymaids.com (the “Website”), utilizing any associated software or mobile/tablet applications supplied by the Company (collectively, the “Software”), or receiving any cleaning referral services facilitated by the Company (collectively, the “Services”), you expressly acknowledge and agree to be bound by this Agreement.
We reserve the right to modify this Agreement or its policies relating to the Services or Website at any time. Such modifications will be effective upon posting an updated version of this Agreement at https://sparklymaids.com/terms-and-conditions. You are responsible for regularly reviewing this Agreement. Your continued use of the Services or Website after any such changes shall constitute your consent to such changes.
1. Eligibility and Account Responsibility
Our Services are available only to, and may only be used by, individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer access to or use of the Website or Services to any person or entity and change eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the Website and Services is revoked in such jurisdictions.
Individuals under the age of 18 may only use our Services under the direct supervision of a parent or legal guardian who is at least 18 years of age and who agrees to be bound by this Agreement. In such cases, the adult is the user and is responsible for all activities.
You agree to comply with all applicable local, state, national, and international laws, rules, and regulations regarding your use of the Services, online conduct, and acceptable content. You are responsible for all applicable taxes. You must also abide by our policies as stated in this Agreement and any other operating rules, policies, and procedures that we may publish on the Website from time to time, each of which is incorporated herein by reference and may be updated without prior notice to you.
2. Authority to Bind
By using the Services, you represent and warrant that:
- You can form a binding contract with Managed by Sparkly Maids LLC;
- You will comply with this Agreement and all applicable laws and regulations;
- You understand that Managed by Sparkly Maids LLC is protected by relevant trademark and copyright laws.
If you are using the Services on behalf of a business or other entity, you also represent and warrant that you are authorized to grant all licenses set forth in this Agreement and to agree to this Agreement on behalf of the business or entity.
3. Service Overview: A Referral and Technology Platform
Managed by Sparkly Maids LLC operates a technology platform that connects Customers seeking cleaning services with independent third-party cleaning service providers (“Providers”). When a Customer schedules a cleaning service (“Job”), we may pre-authorize the Customer’s payment card. We facilitate the assignment of a Provider(s) to fulfill the Job based on factors such as location and availability. Upon completion of a Job, we collect payment from the Customer on behalf of the Provider and remit payment to the Provider, retaining a service fee for facilitating the connection and use of our platform.
Important Disclaimers Regarding Our Role:
- Platform and Facilitation Services: You understand and agree that Managed by Sparkly Maids LLC acts primarily as a technology platform and referral service. We are not a party to any direct service agreement entered into between Customers and Providers for the cleaning services themselves.
- No Employment Relationship: Managed by Sparkly Maids LLC is not an employment agency or an employer of Providers. Providers are independent contractors responsible for the manner and means by which they perform their services. We do not control the day-to-day activities of Providers beyond their adherence to the terms of using our platform and accepted Job commitments. The satisfactory completion of the core cleaning tasks of a Job is the responsibility of the Provider.
- Limited Vetting: While we may take steps to examine the credentials of Providers (such as background checks or verification of insurance, where applicable and at our discretion), we make no representations, warranties, or guarantees regarding the skills, qualifications, licensing, bonding, or insurance of such Providers or the quality of their work beyond facilitating resolutions as described herein. It is entirely your responsibility to evaluate a Provider’s qualifications and suitability for your needs if you have specific requirements beyond our platform’s general standards. We do not endorse or recommend the services of any particular Provider over another available Provider.
- No Guarantee of Match: We do not guarantee that we will be able to match your service needs with a Provider at all times or that there are Providers in your area who are capable or willing to complete your Job within your requested timeframe.
- Dispute Resolution and Customer Support: Should any dispute or issue arise between you and a Provider regarding a Job, you acknowledge and agree that Managed by Sparkly Maids LLC is not a direct party to the service performance. However, as part of our commitment to overall customer satisfaction on our platform, we offer customer support and may, in our sole discretion, assist in facilitating communication between you and the Provider to help reach an amicable resolution in accordance with our platform policies, including the Re-Clean Policy (see Section 7). Any such assistance or facilitation is a function of our platform services, aimed at upholding service quality standards expected from Providers using our platform. This involvement does not constitute an admission of direct liability by Managed by Sparkly Maids LLC for the Provider’s services, nor does it alter the independent contractor status of Providers or make Managed by Sparkly Maids LLC a guarantor of the cleaning services performed by the Provider.
- Safety Precautions: You are solely responsible for taking reasonable safety precautions and making whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction or interaction with any third party, including Providers and other Customers. We are not responsible for implementing specific safety precautions at your location.
- Release of Liability (for direct Provider actions beyond platform facilitation): YOU HEREBY AGREE TO RELEASE MANAGED BY SPARKLY MAIDS LLC AND ITS OFFICERS, DIRECTORS, AFFILIATES, MEMBERS, SUCCESSORS, ATTORNEYS, EMPLOYEES, AND AGENTS FROM ANY AND ALL DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND A PROVIDER THAT ARE OUTSIDE THE SCOPE OF OUR FACILITATED RESOLUTION PROCESSES, AND YOUR DIRECT DEALINGS WITH PROVIDERS.
Providers are not permitted to use the Website or Services to post for employment positions that violate any federal, state, or local laws expressing a preference or limiting employment based on any protected class. We will use reasonable efforts to remove any known posting that violates these provisions.
4. Pricing, Discounts, and Scope of Work
- Pricing Changes: We may change the pricing and discounts for our Services (“Pricing or Discount Change”) at our sole discretion and at any time. Any Pricing and Discount Change will become effective immediately unless stated otherwise. Jobs booked before a Pricing or Discount Change (“Existing Jobs”) will generally retain the original pricing, provided no modifications are made to the Existing Job. Any changes to an Existing Job may void the original pricing, and the price will be subject to the current Pricing or Discount Change. Accurate and up-to-date pricing will always be stated on your dashboard or booking confirmation. Your continued use of the Services after a Pricing or Discount Change constitutes your agreement to pay the modified price.
- Hourly Rates: For Jobs priced per hour, a minimum hourly requirement will be charged in full, regardless of the actual time spent by the Provider if less than the minimum. Subsequent time after the minimum will be charged per prorated minute, unless otherwise specified.
- “Average Condition” Basis: Our pricing and standard scope of work (“Checklist,” available at https://sparklymaids.com/services/#checklist) apply to residential or commercial properties that are in “Average Condition.” We reserve the right to contact you to offer or require additional services and fees if the property is not in Average Condition.
“Average Condition” excludes, but is not limited to:
- Negligence (e.g., heavily greasy/soiled appliances, floors, objects, fixtures, areas);
- Extreme disorganization (e.g., floors covered in clothes, excessive items on surfaces);
- Disposal of excessive boxes, leftover trash, food, or furniture beyond normal household waste;
- Biohazards (e.g., black mold, lead, medical equipment, syringes, broken glass);
- Pathological waste (e.g., human or animal organs, tissues, body parts, feces, urine, vomit);
- Hoarding conditions;
- Abandoned properties;
- Condemned properties;
- Properties without functioning electricity or running water.
- Price Adjustments for Inaccurate Information: Our flat-rate prices are based on information you provide (e.g., number of bedrooms, bathrooms, square footage). You are responsible for providing truthful and accurate information. If a Job is scheduled with incorrect property descriptions, we reserve the right to:
- Verify property details using public records (e.g., Realtor.com, Zillow.com, county appraisal district websites).
- Adjust the Job details and pricing accordingly. You will be notified of such changes.
- If you refuse legitimate additional charges arising from inaccurate information or conditions beyond “Average Condition,” we may refuse service on the spot, and you will be charged the full cancellation fee as per Section 6.
- Post-Construction/Renovation Quotes: Quotes for post-construction or post-renovation services are typically based on in-home estimates. If the property’s condition changes due to additional construction, renovation, or remodeling work after the initial quote, we are not obligated to honor the original quote, and additional service fees may apply.
- Recurring Price Structure: If we offer a discount on the first appointment of a recurring service, and you cancel the recurring service after the first cleaning, you will be charged the difference between the discounted price and the standard one-time cleaning price for that initial service.
5. Payment Terms
- Card Pre-Authorization: When you schedule a Job, we may pre-authorize the full estimated payment on your provided payment card up to twenty-four (24) hours prior to your service date. A Job will only be confirmed once the pre-authorization is successful. This pre-authorization will be released if the Job is canceled according to our policy or at the time of final payment. If a payment card is declined and we cannot pre-authorize the charge within twenty-four (24) hours of your Job, the Job may be automatically canceled.
- Final Payment: Upon completion of a Job, we will calculate the final amount due, including any applicable discounts or additional charges. You authorize us to charge your payment card for the final amount. You agree to maintain sufficient funds in your account to cover the final payment. We may, at our sole discretion, prevent a Customer from scheduling a new Job if payment for a prior Job is outstanding.
- No Cash Payments: We do not accept cash, check, or money order payments. All Jobs must be scheduled with a valid payment card, and final payment will be processed from that card. We reserve the right to not accept certain payment cards (e.g., pre-paid cards) at our discretion.
- Payment Services: We may use third-party payment processing services (“Payment Services”) to facilitate payment card processing. We will ensure such Payment Services comply with relevant financial regulations but are not responsible for the performance of the Payment Services. We do not directly hold or store your full payment card information. We are responsible for fees charged by the Payment Services for standard transaction processing.
- Provider Payment: Providers are typically paid within a specified period (e.g., up to 10 business days) after the Customer has successfully paid for the Job, directly into their nominated bank account.
6. Cancellation, Rescheduling, and No-Show Policy
Your appointments are very important to the Managed by Sparkly Maids LLC team and the independent Providers on our platform. We reserve time exclusively for you, but we understand that schedule changes are sometimes necessary. Our policy requires advance notice before your scheduled service to avoid fees. All cancellation and rescheduling fees are non-refundable and are charged to compensate for the reserved time and administrative costs.
Standard Services
(Includes: Recurring, One-Time, Move-In/Out, Deep Clean, Vacation Rental, Hourly services)
More than 48 hours notice:
- Cancellation Fee: No fee
- Rescheduling Fee: No fee
Less than 48 hours notice:
- Cancellation Fee: 50% of service rate
- Rescheduling Fee: $50 flat fee
Less than 24 hours notice:
- Cancellation Fee: 100% of service rate
- Rescheduling Fee: $50 flat fee (Note: Rescheduling with less than 24 hours notice may not always be possible and may be treated as a cancellation).
Specialty Services
(Includes: Post-Construction, Post-Renovation, other large custom-quoted projects)
More than 48 hours notice:
- Cancellation Fee: No fee
- Rescheduling Fee: No fee
Less than 48 hours notice:
- Cancellation Fee: 50% of quoted rate
- Rescheduling Fee: 25% of quoted rate
Important – Reschedule then Cancel:
If you reschedule an appointment with less than 48 hours notice (incurring the applicable rescheduling fee) and then subsequently cancel the newly scheduled appointment (regardless of the notice period for the second cancellation), the applicable cancellation fee for the original service type and timing will also apply, in addition to the rescheduling fee already incurred.
Missed Appointments, No-Shows & Lockouts:
Any missed appointment, no-show (where the Customer is not present), or lockout (where the Provider cannot access the property for reasons within the Customer’s control) will be treated as a same-day cancellation and will incur a 100% cancellation fee of the agreed service rate.
Appointment Reminders:
We may send courtesy text and/or email reminders (e.g., 3 days and 1 day before your service). However, these are a courtesy. Not receiving these reminders for any reason does not excuse a missed appointment or late cancellation/reschedule, and fees will still apply. It is your responsibility to keep track of your scheduled appointments.
How to Cancel or Reschedule:
- Call our office at: (214) 903-0014
- Online: Via your “My Account” portal on our Website (if available)
- Email: support@sparklymaids.com (Please note that requests made via email are only considered received during business hours and upon acknowledgment by our team.)
Special Circumstances:
Extreme Weather / Unsafe Conditions: If the outdoor temperature is over 90°F and there is no functioning electricity or air conditioning at your property, or if other unsafe conditions exist as determined by the Company or Provider, we reserve the right to refuse service or stop service for the safety and well-being of the Provider. In such cases, this may result in either a full cancellation fee (if deemed a lockout or unprepared site) or, at our discretion, a $49 rescheduling fee plus a potential 25% surcharge on the rescheduled appointment to cover Provider disruption.
Emergencies: Bona fide emergencies may be considered for a fee waiver or reduction on a case-by-case basis at our sole discretion. You must submit your request in writing to support@sparklymaids.com within seven (7) days of the missed/canceled appointment, providing verifiable documentation. We will review and respond to such requests typically within seven (7) business days.
This policy helps us ensure efficient scheduling for all clients, allows us to notify waitlist clients of new availability, helps maintain consistent schedules for the independent Providers, and supports our ability to deliver high-quality service coordination.
7. Service Satisfaction and Re-Clean Policy
a. No Monetary Refunds
All services booked through the platform are final in terms of monetary refunds. You acknowledge and agree that you shall not be entitled to a monetary refund for any services rendered by Providers, or for any fees incurred (including cancellation/rescheduling fees) under any circumstances. Our sole remedy for service deficiencies is outlined in the Re-Clean Guarantee below.
b. Re-Clean Guarantee (Our Platform’s Standard Resolution)
As a platform dedicated to connecting Customers with Providers offering quality cleaning services, Managed by Sparkly Maids LLC facilitates a Re-Clean process as a standard for addressing service deficiencies reported by Customers. If you are not reasonably satisfied with a Job, and the issue falls within the scope of the booked service and our platform standards, we will facilitate a complimentary re-clean of the specific areas missed (“Re-Clean”), subject to the following conditions:
i. Timely Reporting: You must report any specific requests or complaints regarding missed areas within twenty-four (24) hours of your Job’s completion.
ii. Evidence Required: You must submit clear photographic evidence and a brief written description of any missed areas/items to support@sparklymaids.com, via SMS to (972) 362-5351, or via live chat on www.sparklymaids.com.
iii. Within Scope of Work: The request must pertain to items or areas included in the scope of work for the selected Service as per our official Cleaning Checklist (https://sparklymaids.com/services/#checklist).
iv. Average Condition: The property must have been in “Average Condition” as defined in Section 4c at the time of the original service.
v. Exclusions: The Re-Clean guarantee does not apply if:
- The complaint falls outside the service’s scope of work/Checklist.
- The property was not in “Average Condition.”
- The property lacked electricity or running water during the Job.
- The Job was an hourly service (hourly services are billed for time spent; additional time can be purchased if needed, but re-cleans are not standard for time-based work).
- The property was incorrectly described or booked (e.g., wrong number of bedrooms, bathrooms, square footage) leading to insufficient time allocated by the Provider.
- The issue was caused by the Customer or another party after the Provider completed the Job.
vi. Scheduling the Re-Clean: A complimentary Re-Clean must be scheduled and completed, typically by the original Provider if available, or an alternative Provider from the platform, within a reasonable timeframe, generally within forty-eight (48) to seventy-two (72) hours from the time we acknowledge receipt and validation of your complaint. We are not obligated to schedule a Re-Clean beyond this timeframe if delays are due to Customer unavailability.
vii. Our Role in Re-Clean: Managed by Sparkly Maids LLC’s role is to facilitate this Re-Clean. While we strive to ensure a satisfactory outcome, the performance of the Re-Clean itself is the responsibility of the assigned independent Provider. Our facilitation of a Re-Clean does not constitute an admission of liability for the initial service performance.
8. Right to Refuse Service & “Average Condition” Enforcement
Grounds for Refusal by Provider or Company:
Providers have the right to refuse service or leave a property, and the Company may cancel a Job, if:
- The home is not in “Average Condition” (as defined in Section 4c) or is found to be in an “extreme condition” (e.g., hoarding, active pest infestations, extensive biohazards not disclosed).
- The Provider or Company personnel feel unsafe, threatened, or disrespected by a Customer or other occupants.
- The property has extreme temperatures (e.g., indoor conditions above 90°F without functioning air conditioning, or no electricity), as further detailed in Section 6 regarding Special Circumstances.
Consequences of Refusal/Cancellation by Company/Provider due to Conditions:
If service is refused or canceled by the Provider or Company due to these conditions upon arrival or with insufficient notice (less than 48 hours), the Customer will be subject to our Cancellation and Rescheduling Policy fees, specifically a 100% cancellation fee of the agreed service rate, or other fees as outlined in Section 6 under “Special Circumstances.”
Rationale:
This policy ensures efficient resource allocation, fairness to all customers by preventing misuse and ensuring accurate booking information, and compensation for the Provider’s and Company’s time and committed resources.
9. Loss or Damage to Property
If you suffer loss or damage to your property and attribute it to a Provider:
- Reporting: You must report the incident to us within twenty-four (24) hours of your scheduled Job’s completion time.
- Evidence: You must provide clear photographic evidence and a detailed written description of the damage, submitted to support@sparklymaids.com or via SMS to (972) 362-5351. Include any other relevant evidence. Failure to comply with these reporting and evidence requirements may result in our inability to process or assist with your claim.
- Pre-Existing Conditions: We do not assume responsibility for, and Providers are generally not liable for, the restoration of severely worn, stained, or mildewed caulking or grout, or for damage due to improper installation, prior damage, or normal wear and tear.
- Resolution Process: The Customer and Provider should first attempt to resolve the matter directly. We may, at our discretion, facilitate communication. We may initiate a claims procedure if the loss or damage is appropriately reported to us and appears to be due to Provider negligence beyond normal service risks.
- Repair or Reimbursement: At our sole discretion, and without admitting liability, we may facilitate a resolution which could include repair by a Provider or a third party, or a form of reimbursement. Any such offer is not an admission of fault. The maximum reimbursement for any single item or instance of damage will typically be limited to a reasonable depreciated value or repair cost, and may be subject to an overall cap per incident, as determined by us or through the Provider’s insurance, if applicable.
10. Promotional Codes and Vouchers (“Promo Codes”)
We may, at our discretion, issue Promo Codes to Customers offering a discount. Promo Codes are generally for one-time use, have an expiry date, and only one may be applied per Job. If the full value is not used, the remainder is forfeited. Promo Codes may be withdrawn at any time. To apply a Promo Code, it must be entered before Job completion. A valid payment card is still required. If multiple Promo Codes are available, the system may automatically apply the one with the highest value or earliest expiry. We disclaim liability for Promo Codes purchased or obtained from third parties.
11. Booking Confirmation
Scheduling a service online or via other methods does not guarantee your requested date/time. Your Job is only confirmed once you receive a specific confirmation email or notification from us.
12. Live Chat
We may provide a live chat service. We may work with third parties for this service. Transcripts and keystrokes may be recorded/viewed by our operators to assist you. Information shared via Live Chat is subject to our Privacy Policy.
13. Website Use License
You are granted a limited, non-exclusive license to electronically copy and print hard copies of pages from this Website for personal, non-commercial reasons related to placing an order or interacting with us. Any other use, including linking or framing, is strictly prohibited without our prior written permission.
14. User Communications
You are solely responsible for any communication, message, data, questions, comments, suggestions, or other content you post, upload, submit, transmit, or share with us on this Website, by email, or otherwise (“User Communications”). By transmitting User Communications, you warrant they are your original work and do not infringe any third-party rights. We do not endorse User Communications. We reserve the right to terminate access for violations or harmful conduct. You are prohibited from posting unlawful, threatening, defamatory, obscene, or otherwise objectionable material. Subject to our Privacy Policy, User Communications will be treated as non-confidential and non-proprietary. Do not submit anything you wish to keep confidential or for which you expect compensation.
15. Disclaimers of Warranties
THE WEBSITE, SOFTWARE, AND SERVICES (INCLUDING ANY REFERRALS TO AND FACILITATION OF SERVICES BY PROVIDERS) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MANAGED BY SPARKLY MAIDS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE EXPRESSLY DISCLAIM ANY DUTY TO UPDATE OR REVISE MATERIALS ON THIS WEBSITE, ALTHOUGH WE MAY MODIFY THEM AT ANY TIME WITHOUT NOTICE. YOUR USE OF THIS WEBSITE, SOFTWARE, AND OUR SERVICES IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE WEBSITE OR SERVICES. MANAGED BY SPARKLY MAIDS LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE OR THE SERVICES, EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN OR AS REQUIRED BY LAW.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MANAGED BY SPARKLY MAIDS LLC, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, SOFTWARE, OR SERVICES (INCLUDING THE ACTIONS OR INACTIONS OF ANY PROVIDER, EXCEPT TO THE EXTENT OF OUR FACILITATION ROLE AS DESCRIBED HEREIN), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF SERVICE FEES RETAINED BY MANAGED BY SPARKLY MAIDS LLC (EXCLUDING AMOUNTS PAID TO PROVIDERS) FOR THE SPECIFIC JOB GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS PRIOR TO THE ACT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
THESE LIMITATIONS OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MANAGED BY SPARKLY MAIDS LLC. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. Indemnification
You agree to indemnify, defend, and hold harmless Managed by Sparkly Maids LLC, its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from (a) your use of this Website, the Software, or the Services; (b) your violation of this Agreement; (c) your violation of any rights of a third party, including any Provider or other Customer; or (d) any User Communications you submit or transmit.
18. Third-Party Advertisements, Promotions, and Links
We may run advertisements and promotions from third parties on our Website or provide links to other websites. Your business dealings or correspondence with, or participation in promotions of, advertisers or third parties other than Managed by Sparkly Maids LLC, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Company advertisers or links on our Website.
19. Errors and Omissions
Occasionally, information on this Website may contain typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel Jobs if any information on this Website is inaccurate at any time without prior notice (including after you have submitted your order or scheduled a Job).
20. Offers, Promotions, and Referrals
We may make available offers, discounts, and other promotions, including referral programs (“Promotions”). Promotions may expire and are subject to change without notice. Promotions are non-transferable and generally cannot be combined with other offers or redeemed for cash. Rewards (e.g., gift cards) issued by third parties may be subject to additional terms. We do not guarantee the timing of payments or rewards. Payments and rewards may be subject to taxes; we may require a completed IRS W-9 form and may issue an IRS Form 1099-MISC. Promotions are subject to additional terms; in case of conflict, Promotion-specific terms control.
21. Non-Solicitation of Providers / Referral Fee
You agree not to solicit for hire, or hire, any Provider introduced to you through our Services for any cleaning services outside of our platform for a period of twelve (12) months from the Provider’s last service date for you through our platform. Should you directly hire or engage a Provider introduced through our platform for cleaning services outside of our platform within this twelve (12) month period, you agree to pay Managed by Sparkly Maids LLC a referral fee of $2,500.00. This fee compensates us for our investment in recruiting, vetting, and making the Provider available. This fee is due and payable upon your direct engagement of the Provider.
22. Refer a Friend Program
If we offer a “Refer a Friend” bonus (“RF Bonus”):
- You may be entitled to an RF Bonus if a friend you refer (per our referral procedure) opens a user account and completes a qualifying action (e.g., books and pays for a Job).
- Each referral credit must come from a new, unique invited friend.
- If you or the friend are entitled to another bonus for the same activity, you will receive the higher of the RF Bonus or the other bonus, at our sole discretion.
- There may be limits on the number of RF Bonuses. An RF Bonus is typically granted once per unique referred friend.
- Our decision on RF Bonus awards is final.
23. Account Registration and Security
- Account Creation: You may register for an account for personal or business use. You may not authorize others to use your account or assign/transfer it. You may register only one primary account.
- Confidentiality: You are responsible for keeping your registration details (including password) confidential. We are not responsible for unauthorized third-party access to your account.
- Accurate Information: When creating an Account, you may be asked for information, including payment details. You warrant this information is true, relates to you, and is entirely accurate. We may validate your information, possibly using third-party agencies. We may reject account creation at our discretion.
- Provider Information: Providers will be asked for more information (e.g., ID, proof of address, Social Security Number, right to work in the USA, bank account details for payment, authorization for background checks). Providers must hold a U.S. bank account.
- Mobile Number: Providing your mobile phone number is a condition of using our Services for essential communications.
24. Intellectual Property
- Our IP: The Website, Software, and all their contents, including text, graphics, logos, images, audio, video, and overall design (the “Intellectual Property”) are owned or controlled by Managed by Sparkly Maids LLC or its licensors and are protected by U.S. and international copyright, trademark, trade dress, and other laws.
- User-Submitted Information: All remarks, suggestions, ideas, or other information (excluding personal data covered by our Privacy Policy) communicated to us through this Site (“Information”) will become our property. We may use this Information for any commercial, marketing, or other purpose without compensation to you.
- Trademarks: “Sparkly Maids,” our logos, and other service marks may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks on the Site are property of their respective owners.
25. DMCA / Copyright Complaints
We respect intellectual property rights. If you believe anything on our Service infringes a copyright you own or control, please file a notification with our Designated Agent:
Designated Agent: Sparkly Maids LLC Copyright Agent
Address: [YOUR COMPANY’S LEGAL MAILING ADDRESS IN DALLAS, TX]
Email Address: [A DEDICATED EMAIL FOR DMCA, e.g., copyright@sparklymaids.com]
Please see 17 U.S.C. § 512(c)(3) for proper notification requirements. Knowingly misrepresenting infringement may subject you to liability for damages, including costs and attorneys’ fees.
26. Assumption of Risk with Internet-Based Services
You acknowledge risks associated with Internet-based marketplaces, including hardware/software failures, malicious software, and unauthorized access to your Account. Managed by Sparkly Maids LLC is not responsible for communication failures, disruptions, errors, distortions, or delays you may experience, however caused, nor for losses from server failure, data loss, forgotten passwords, phishing, viruses, or other unauthorized third-party activities, except as required by law.
27. Governing Law and Jurisdiction
This Agreement and any disputes arising from or related to it or the Services shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas, USA, for all disputes arising out of or relating to this Agreement or your use of the Services.
28. Entire Agreement
This Agreement, together with our Privacy Policy and any other legal notices published by us on the Website (such as the Cleaning Checklist or specific Promotion terms), constitutes the entire agreement between you and Managed by Sparkly Maids LLC concerning the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
29. Severability
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
30. Notices
We may send you notices by email to the address you provided or by posting them on the Website. Email notices are deemed received at the time the email is sent. Please keep your email address current.
31. Comments or Questions
If you have any questions, comments, or concerns arising from the Website, this Agreement, the Privacy Policy, or how we handle your personal information, please contact us at: support@sparklymaids.com.