TERMS & CONDITIONS
-
CLEANING SERVICES TERMS AND CONDITIONS
Please read these terms and conditions ("terms and conditions," "terms") carefully before using myfootsoldiers.com ("website," "service") or listed services operated by FOOT SOLDIERS ("us," 'We," "our"). Conditions of use. By using this website, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to stop using the website accordingly and not purchase a service plan with FOOT SOLDIERS. FOOT SOLDIERS only grants use and access to this website, its products, and its services to those who have accepted its terms.
TRADEMARKS AND COPYRIGHTS. The trademarks, trade dress, logos, and service marks displayed on this Site are owned by FOOT SOLDIERS or third parties. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. All content on the Site, including without limitation text, photographs, graphics, layout, and design, is owned by Roto-Rooter, or we have been granted permission to use the content. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any copyrighted material on the Site. Notwithstanding the foregoing, you may download a single copy of the content on the Site for your personal, noncommercial use, provided all copyright and other proprietary notices are kept intact and provided
that you do not modify the content in any manner.
ERRORS, INACCURACIES, AND OMISSIONS. Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
30-Day Risk-Free Money-Back Guarantee. We stand by the quality of our sweeping and curb services and are confident you will be satisfied. If we fail to meet the terms of this contract within 30 days of purchase, you can cancel your membership and receive a refund for your services. This guarantee does not apply to the nonrefundable snow deposit listed at the top of Schedule 1.
FOOT SOLDIERS will begin providing the Services (as defined below) on the "Effective Date" which the OWNER has chosen and continue to provide such services during the Term (as described below).
RECITALS
A. OWNER is the OWNER or property manager, as applicable, of the Property set forth on SCHEDULE 1 attached hereto (collectively, the "Property")
B. FOOT SOLDIERS is a Limited Liability Company that desires to provide OWNER with, and OWNER agrees to pay FOOT SOLDIERS for, the Services
C. PROPERTY is the OWNER's contracted service address to receive sweeping, trash, or snow services by the FOOT SOLDIERS
D. CURB is the FOOT SOLDIERS' cleaning service for front yard sweeping + trash + recycling removal plan
E. CURB+ is the FOOT SOLDIERS' cleaning service for front yard sweeping + trash + recycling removal + snow shoveling plan
SWEEPING ONLY & CURB SERVICE
NOW, THEREFORE, in consideration of the mutual covenants herein created, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
CURB SUBSCRIPTION DETAILS & HOLIDAYS. If a cleaning plan is selected, during the Term of this Agreement, FOOT SOLDIERS will perform sweeping of litter removal from the Property's sidewalk, front entrance stairway(s), and front yard and stairways (the "Services") at the Property typically during the hours of 8:00 PM and 2:00 AM up to THREE DAYS PER WEEK (the day before NYC sanitation collection); provided that (x) FOOT SOLDIERS will not provide the Services on the eve or day of a federally recognized holiday (including New Year's Day/Eve, Martin Luther King Jr. Day/Eve, President's Day Eve/Eve, Easter Sunday, Memorial Day/Eve, Juneteenth Day/Eve, Independence Day/Eve, Labor Day/Eve, Indigenous People Day/Eve, Election Day Eve (in election years), Veteran's Day/Eve, Thanksgiving Day/Eve, Christmas Day/Eve). During regular service days for CURB clients, trash and recycling removal will be handled as follows:
(i) up to a maximum of twelve (12) bags of garbage per location per service day (provided that such waste must be in garbage bags and the filled garbage bags must weigh less than 50 pounds each);
(ii) up to a maximum of eight (15) bags of recycling per location per service day (provided that such recycling must be in recycling bags, the filled recycling bags must weigh less than 50 pounds each, and the recycling must be in recycling bags separate from the garbage (If OWNER opts in for Recycling Separation add on, FOOT SOLDIERS will not separate the recycling placed in household garbage bags, FOOT SOLDIERS will sort only incorrect recycling in recycling bags)), in each case from the area on the Property where the garbage/recycling cans are generally located to the curb of the Property; placement of up to eight (8) new garbage and four (4) new recycling bags provided by FOOT SOLDIERS in OWNER's garbage bins; and up to a maximum of two (2) bags of leaves per location per service day (other than trace amounts as determined by FOOT SOLDIERS) from the front yard of the Property during the autumn season.
(iii) we provide bags for standard bins that are 50 gallons and smaller. Larger bins will incur additional monthly fees.
(iv) large items, wood with nails, appliances, beds, and tenant moveouts have additional service charges to manage NYC sanitation compliance related issues..
WEATHER & SAFETY CANCELLATION. Notwithstanding any provision of this Agreement to the contrary, (A) FOOT SOLDIERS may at any time and without notice to OWNER, cancel any of the Services for any given day if FOOT SOLDIERS reasonably determines in its sole discretion that, due to inclement weather or any other potentially hazardous condition, it would be unsafe to perform the Services on such day, and (B) if it is snowing on any day the Services are to be performed, then FOOT SOLDIERS may cancel the Services to provide efficient snow removal to our members. OWNER acknowledges and agrees that if FOOT SOLDIERS cancels or postpones any of the Services or Additional Services according to this paragraph, OWNER shall not be entitled to any refund or credit.
SERVICE CANCELLATION. OWNER or FOOT SOLDIERS may cancel this Agreement at the end of the Initial Period (as defined below) or any Renewal Period (as specified below).
TERM. The Term of SUBSCRIPTION Agreements shall run from the Effective Date to the date that is 30 calendar days after the Effective Date (the "Initial Period"). This Agreement shall automatically renew after the Initial Period for successive 30 calendar day periods (each, a "Renewal Period") unless at least seven (7) calendar days before the end of the Initial Period or any successive Renewal Period, as applicable, either party provides the other with written notice of its intention to terminate this Agreement. All other Agreements terms should be listed on the invoice for the particular Service.
PAYMENTS. OWNER will pay to FOOT SOLDIERS MONTHLY subscription fees, or pay per service fees, NYC sales tax, via direct debit, bank draft, check (see SCHEDULE 1 for failed payment fees) money order, or cash, at least three (3) calendar days before the Effective Date or the first day of any successive Renewal Period, as applicable; provided, that in the case of an Initial Period or Renewal Period that is 30 calendar days in length, all payments must be made by direct debit. FOOT SOLDIERS reserves the right to increase the Service Fees with at least 30 days' notice from FOOT SOLDIERS. FOOT SOLDIERS shall provide no refunds except where solely due to FOOT SOLDIERS billing errors. Service credits are provided for Services concerning missed service days (other than those service days due to Weather & Safety Cancellation as discussed above) or tickets that FOOT SOLDIERS are responsible for as discussed below.
PAYMENT DATE. All subscription payments are due on the 8th day of each month. Additional Services are billed after services have been completed.
LATE FEE. Without limiting the generality of the preceding provisions of this Section, if any payment due on a Payment Date is not received in full on or before the Payment Date, the OWNER shall pay to FOOT SOLDIERS, immediately and without demand, a late payment charge, for each month during which such payment delinquency exists, equal to five percent (5%) of such amount ("Late Fees") to defray the expenses incurred by FOOT SOLDIERS in handling and processing such delinquent Payment and to compensate FOOT SOLDIERS for the loss of use of such outstanding Payment.
VISITS. OWNER signs up for either a one-time service, once, twice, or three times a week recurrence.
ACCESS. OWNER hereby grants to FOOT SOLDIERS the right to enter all common areas of the Service Property solely to perform the Services described in the SUBSCRIPTION DETAILS of this Agreement.
ACCESS AREA. OWNER acknowledges and agrees that the Services shall be limited to the outside areas of the Property (including, without limitation, the pathway and stairs leading to the Property and any stoops, lawns, driveways, and exterior facades of any building(s), dwelling(s) and/or any garage area(s) on the Property). This Agreement is not intended to give FOOT SOLDIERS the right to access the interior of any building(s), dwelling(s), and/or any garage area(s) on the Property unless otherwise agreed to by OWNER.
INDEMNITY & TICKETS. OWNER and its representatives shall indemnify, defend and hold harmless FOOT SOLDIERS and its directors, staff, employees, volunteers and/or agents from and against all claims, damages, losses, liabilities, costs and expenses (including, without limitation, chipped, scratched or damaged staircases and cement from ice removal, claims, suits, reasonable attorneys' fees and all fines, tickets, or other fees incurred in connection with the provision of the Services) resulting from, arising out of or in connection with FOOT SOLDIERS' access to the Property for the purposes of providing the Services described herein, including injuries to any person present on the Property at any time resulting from the presence of Snow, ice or any other meteorological condition, regardless of whether FOOT SOLDIERS fails to perform the Services contemplated herein in whole or in part, for any reason; however OWNER may be able to receive a service credit for the following types of tickets if FOOT SOLDIERS failed to provide proper services. OWNER is responsible for any court or payment proceedings related to their enrolled Property (s):
If OWNER has the Recycling Separation add-on and received a ticket for failing to separate the recycling properly, FOOT SOLDIERS will provide a photo of the recycling on the most recent day(s) Services were performed for the OWNER to aid the OWNER as evidence in court or through the mail or online defense. If FOOT SOLDIERS cannot provide such proof, then FOOT SOLDIERS will credit the OWNER's account for the original amount of the ticket, provided that if the OWNER does not inform FOOT SOLDIERS of the ticket within 15 days of the issued date of the ticket, FOOT SOLDIERS will not credit OWNER for the ticket. If OWNER receives a ticket for a Dirty or Littered Sidewalk, FOOT SOLDIERS will provide a photo of the sidewalk on the most recent day(s) Services were performed for the OWNER to aid the OWNER as evidence in court or through the mail. If FOOT SOLDIERS cannot provide such proof, then FOOT SOLDIERS will credit the OWNER's account for the original amount of the ticket, provided that (a) if the OWNER was issued the ticket on a non-service day or before FOOT SOLDIERS' scheduled service time, in each case, as set forth on SCHEDULE 1, FOOT SOLDIERS will not credit OWNER for the ticket, and (b) if the OWNER does not inform FOOT SOLDIERS of the ticket within 15 days of the issued date of the ticket, FOOT SOLDIERS will not credit OWNER for the ticket.
If OWNER receives a ticket for trash/recycling out on a wrong day, FOOT SOLDIERS will provide a photo of the trash/recycling area on the most recent day(s) Services were performed for the OWNER to aid the OWNER as evidence in court or through the mail or online through ECB. If FOOT SOLDIERS cannot provide such proof, then FOOT SOLDIERS will credit the OWNER's account for the original amount of the ticket, provided that (a) if the OWNER was issued the ticket on a non-service day or before FOOT SOLDIERS' scheduled service time, in each case, as set forth on Schedule 1, FOOT SOLDIERS will not reimburse OWNER for the ticket, and (b) if the OWNER does not inform FOOT SOLDIERS of the ticket within 15 days of the issued date of the ticket, FOOT SOLDIERS will not credit OWNER for the ticket.
In all of the above situations, when FOOT SOLDIERS have photo evidence, OWNER must plead not guilty and use the photos in their defense. FOOT SOLDIERS must receive a copy of the ruling to credit OWNER's account.
SIGNAGE. Many properties in the area where we Service do not have visibly listed street address numbers. OWNER agrees to allow FOOT SOLDIERS' staff members to place a tasteful community plaque five (5) inches high by eighteen (18) inches wide in a reasonably visible area of the front yard to aid workers in identifying OWNER's properties. Clients without signage risk missing a service day due to the possible completion of a neighbor's Property in error.
NOTICES. All notices and formal communications that either party may give to the other under or in connection with this Agreement shall be deemed duly given if in writing and sent by email transmission. Other acceptable forms of communication include (a) personal delivery, (b) facsimile transmission, (c) certified mail, return receipt requested, or (d) text message to 718.684.1014 or (917) 994-9369; in each case, to the parties hereto at the addresses, facsimile numbers, or email addresses, as applicable, set forth in the preamble hereto and signature blocks hereof. All such notices and communications will be deemed given if delivered personally, upon delivery; if delivered by certified mail, upon the earlier of the third business day following mailing and receipt; or if delivered by email transmission, upon sending.
GOVERNING LAW. This Agreement shall be governed by the laws of the State of New York without regard to any principles of conflicts of law.
AMENDMENT/MODIFICATION. This Agreement may not be modified or amended, except according to a writing signed by both OWNER and FOOT SOLDIERS. Notwithstanding the preceding, FOOT SOLDIERS may alter or amend this Agreement at any time and add or remove Services at any time to comply with laws relating to Snow, ice, and refuse removal as promulgated by the State Sanitation Department, provided that in the event such modification or amendment (each, an "Alteration") materially and adversely affects the rights of OWNER as described herein, OWNER may request in writing that FOOT SOLDIERS rescind such Alteration. If FOOT SOLDIERS determines, in its sole discretion, that such Alteration will materially and adversely affect OWNER's rights according to this Agreement, FOOT SOLDIERS will rescind such Alteration or terminate this Agreement at its option.
MODIFICATIONS TO THE SERVICE AND PRICES. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or
discontinuance of the Service.
MISCELLANEOUS. This Agreement contains the entire Agreement and understanding between the parties regarding the subject matter hereof and merges and supersedes all prior discussions, agreements, and understandings concerning the subject matter. This Agreement may be executed in any number of counterparts, which shall together evidence a single agreement. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or transmitted electronically in a Tagged Image Format File ("TIFF"), Portable Document Format ("PDF"), or other electronic format sent by electronic mail shall be effective as delivery of a manually executed counterpart of this Agreement. This Agreement shall become effective when it shall have been executed by each party hereto. This Agreement shall inure to the benefit of and bind OWNER and FOOT SOLDIERS and their respective successors and assigns. OWNER shall reasonably cooperate with FOOT SOLDIERS in connection with the Services. If any part of this Agreement is declared unenforceable, all other provisions of this Agreement shall remain enforceable.
SNOW SERVICE
Terms and conditions for snow-clearing are based on several factors. Once you review the general snow services page and complete this inquiry form, we'll send you the contract with the details specific to your property type.