US Customer Terms of Service

Date last updated: January 3, 2025

These Customer Terms of Service ("Terms") govern i) your agreement with Zerorez, Inc. ("Company") for Services as defined below; and ii) your use of this Website, www.Zerorez.com . When booking Company Services by telephone, e-mail, via the Company Website or other electronic or in-person means, the Customer agrees to be bound by these Terms of Service. Company reserves the right to update its Terms of Service without prior notice.

  1. DEFINITIONS
    • 1.1. In these Terms of Service the following definitions apply:
      • 1.1.1. "The Company" means Zerorez, Inc.
      • 1.1.2. "Corporate Locations" means Zerorez locations owned and controlled by the Company.
      • 1.1.3. "Zerorez Franchisee" means a Zerorez franchise independently owned and operated by a franchisee which may be an individual or a separate business entity..
      • 1.1.4. "Technician" means the individual or sub-contractor carrying out Services on behalf of the Company.
      • 1.1.5. "Customer" means the person, company or corporate body together with any subsidiary or associated company who provides personal information to Company for the purpose of inquiring or engaging Company's Services or to whom Services are supplied by the Company.
      • 1.1.6. "User" means any person that visits this Website as defined in 1.1.9. below.
      • 1.1.7. "Service(s)" means the work carried out by the Company's Technician(s) which may include but is not limited to carpet cleaning, upholstery cleaning, air ducts cleaning or any other service offered by Company.
      • 1.1.8. "Appointment" means the visit made by Company staff member/s to the Customer's home or business address by the technician in order to carry out the Service.
      • 1.1.9. "Website" means this Website, www.Zerorez.com.
    • 1.2. The headings contained in these Terms of Service are for convenience only and do not affect their interpretation.
  2. CONTRACT
    • 2.1. These Terms of Service constitute a contractual legal agreement between the Company and the Customer.
    • 2.2. The Customer agrees that any use of i) this Website and/or ii) the Company's Services, including placing an order for Services by telephone, email, via the company website or by other electronic or in-person means constitutes acceptance by the Customer of these Terms of Service.
    • 2.3. Unless it has been confirmed in writing by a director or executive of the Company, the Terms of Service given here are to prevail over any other terms of service or conditions of purchase proposed by the Customer.
    • 2.4. No variation or alteration of these Terms of Service shall be accepted as valid unless it has been confirmed in writing by a director or executive of the Company.
  3. FRANCHISES ARE INDEPENDENTLY OWNED AND OPERATED
    • 3.1. While Company operates and controls both this Website and Corporate Locations, Company is not responsible for the operations of the Zerorez Franchisee(s) that may deliver the Services ordered, obtained or received through the Website. All Zerorez Franchisees are independently owned and operated business entities and are not agents, apparent agents, ostensible agents, or employees of Company. Each Zerorez Franchisee is solely and independently responsible for its legal and regulatory compliance; for any issues relating to Services performed; any supply of products even through this Website; and for all employment related matters in connection therewith. By using the Website you agree and acknowledge that Zerorez Franchisees are solely responsible for, and Company shall not be liable or responsible for, the Services provided to you by any Zerorez Franchisee or any subcontractors of Zerorez Franchisee, or any acts, omissions, errors or misrepresentations made by any Zerorez Franchisee.
  4. WEBSITE TERMS
    • 4.1. Restrictions
      • 4.1.1. By using this Website, Users confirm to meet the following requirements:
        • 4.1.1.1. Users aren't located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist-supporting" country;
        • 4.1.1.2. Users aren't listed on any U.S. government list of prohibited or restricted parties.
    • 4.2. Content on this Website
      • 4.2.1. Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Company or the Zerorez Franchisees and/or licensors.
      • 4.2.2. The Company undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
      • 4.2.3. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided on this Website.
    • 4.3. Rights regarding content on this Website - All rights reserved
      • 4.3.1. The Company holds and reserves all intellectual property rights for any such content. Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
      • 4.3.2. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge.
      • 4.3.3. Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Company are correctly implemented.
      • 4.3.4. Any applicable statutory limitation or exception to copyright shall remain unaffected.
    • 4.4. Access to external resources
      • 4.4.1. Through this Website Users may have access to external resources provided by unaffiliated third parties. Users acknowledge and accept that the Company has no control over such resources and is therefore not responsible for their content and availability.
      • 4.4.2. Conditions applicable to any resources provided by unaffiliated third parties, including those applicable to any possible grant of rights in content, result from each such third parties' terms and conditions or, in the absence of those, applicable statutory law.
    • 4.5. Acceptable use
      • 4.5.1. This Website may only be used within the scope for which it is provided for, under these Terms of Service and applicable law.
      • 4.5.2. Users are solely responsible to ensure that their use of this Website violates no applicable law, regulations or third-party rights.
      • 4.5.3. The Company reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website, terminating contracts, reporting any misconduct performed through this Website s - such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities: violate laws, regulations and/or these Terms of Services, infringe Company's intellectual property rights or any third-party rights
      • 4.5.4. Website interruption. To ensure the best possible service level, the Company reserves the right to interrupt User's access to the Website for maintenance, system updates or any other changes. Company may also decide to suspend or discontinue the Website altogether. If the Website is discontinued, the Company will cooperate with Customers with respect to any personal information provided or scheduled Services.
      • 4.5.5. Intellectual property rights. Without prejudice to any more specific provision of these Terms of Service, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Company or Zerorez Franchisees and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Company or its Zerorez Franchisees and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
  5. SERVICES
    • 5.1. The Company reserves the right to amend the initial quotation for Services provided by its representatives, should the Customer's originally stated requirements for Services change.
    • 5.2. Pet stains require advanced products and applications that are not part of the standard cleaning. This is an optional Service that will be estimated on-site by the Technician.
    • 5.3. Customer's booking of a requested time window is not a guaranteed time of Technician arrival. The Company strives to accommodate Customers' requests but cannot guarantee specific appointment times.
    • 5.4. Company Technicians cannot move furniture. Customers are responsible to move any furniture prior to the Services.
    • 5.5. Customer shall be responsible to pay for all contracted Services and related fees.
  6. PAYMENT
    • 6.1. Information provided online regarding the cost of Services is an estimate and is subject to change once the Technician has arrived and completed the Services.
    • 6.2. We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor's terms and your information may be subject to their privacy practices.
    • 6.3. Information related to accepted payment methods is made available during the Services process. Some payment methods may only be available subject to additional conditions or fees.
    • 6.4. If a payment fails or is refused, the Company reserves the right to claim any related expenses or damages from the Customer.
    • 6.5. Late payments may be subject to additional charges if the Company incurs such charges in the event of being required to take legal action to collect late payment for its Services. These charges may include debt collection agency fees, legal costs, court fees and other reasonable costs.
  7. GOTTA LOVE IT GUARANTEE
    • 7.1. Company offers a 30-day Gotta Love It™ Guarantee! If Customer is unsatisfied with the quality of the contracted-for Services, Company will provide one (1) re-cleaning service within thirty (30) days after the initial Service. Company does not guarantee the removal of all stains or odors.
  8. REFUNDS
    • 8.1. Refunds will be issued only after the Company has been permitted to rectify any problems or perceived deficiency in the Service it has provided, which may include a re-cleaning service under the Gotta Love It™ Guarantee. Customers must provide all relevant details and documentation of any issues arising with Services contracted for or received.
  9. LIABILITY
    • 9.1. The Company shall not be liable under any circumstances for loss, damages, delay, costs or compensation (whether direct, indirect or consequential) which may be incurred by the Customer arising from or any way connected with the Company carrying out Services for the Customer. This includes but is not limited to:
      • 9.1.1. a late arrival of a Technician or failure of Technician to arrive at the Customer's address;
      • 9.1.2. lack of hot water or power;
      • 9.1.3. a third party entering or present at the Customer's premises during the Service;
      • 9.1.4. wear or discolouring of materials becoming more visible once cleaned, and/or failure to remove old or permanent stains or odours that cannot be removed using standard methods;
      • 9.1.5. existing damage or spillage that cannot be cleaned/removed completely;
      • 9.1.6. inability to access the premises or area in which Services are to be provided.
  10. INSURANCE AND CLAIMS
    • 10.1. The Company retains liability insurance coverage. This coverage applies to claims brought against the Company and its employees.
    • 10.2. The Company may use the Services of subcontractors. In the event that a Customer brings a claim for Services provided by a subcontractor, the subcontractor shall be responsible to appoint their insurance company to settle the claim.
  11. COMPLAINTS
    • 11.1. All Customer complaints about the Company's Services must be received in writing. Customers must include all relevant details and documentation of any complaint, including photographs of any alleged issues.
    • 11.2. Clients must report any complaint within thirty (30) days of Service to be eligible for a re-cleaning Service at no charge.
  12. PRIVACY
    • 12.1. To learn more about the use of their personal data, Customers may refer to the Privacy Policy of this website.
  13. DISPUTES
    • 13.1. CUSTOMERS: READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
    • 13.2. Dispute Resolution, Class Action Waiver and Binding Arbitration. Customer agrees that any claim, dispute, and/or controversy arising out of our relating in any way to your use of the Website, any Services received or products sold, these Terms of Service, the Privacy Policy, or the scope or validity of this Agreement shall be submitted to and resolved exclusively by binding arbitration, rather than in court. Notwithstanding the foregoing Customer may assert claims in small claims court if such claims qualify. Customer may choose to be represented by an attorney in arbitration or may proceed without an attorney. This arbitration provision shall survive termination of this agreement.
      • 13.2.1. ALL MATTERS RELATING TO ARBITRATION WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1‐16, AND NOT BY ANY STATE ARBITRATION LAW.
      • 13.2.2. Any arbitration pursuant to the Terms of Service or the Privacy Policy shall be initiated with and conducted by the American Arbitration Association (AAA) in accordance with the AAA's Consumer Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes, both of which may be obtained at https://www.adr.org or by calling (800)778‐7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Customer may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Utah County, Utah. Nothing herein shall prevent Company or Customer from obtaining from a temporary restraining order or preliminary injunctive relief to preserve the status quo or to prevent any irreparable harm pending the arbitration of the underlying claim, dispute, and/or controversy.
      • The arbitration proceedings shall be conducted by a single arbitrator. In addition to any requirements imposed by law, the arbitrator shall be a retired state or federal court judge, or a licensed attorney with arbitration experience and at least ten (10) years' experience as a lawyer, and shall be subject to disqualification on the same grounds as would apply to a judge of a court in the relevant jurisdiction. The arbitrator shall follow controlling law and issue a decision in writing within forty-five (45) days of the arbitration hearing with a supporting opinion based on applicable law. The decision of the arbitrator (the "Decision") shall be final, binding, and conclusive on the parties and may be entered in any court of competent jurisdiction; provided, however, that Customer and Company agree that the Decision may be appealed pursuant to the AAA's Optional Appellate Arbitration Rules ("Appellate Rules"), which may be obtained at https://www.adr.org or by calling (800)778‐7879. The Decision shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of the Decision, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. The single appellate arbitrator, who shall be chosen in the same manner described above, shall review the Decision applying the same standard(s) of review applicable in civil cases in the relevant jurisdiction and shall issue a reasoned award. The appellate arbitrator's decision shall be final, binding and conclusive on the parties, and may be entered in any court of competent jurisdiction. At either party's election, such decision and supporting opinion may be appealed to another arbitrator ("appellate arbitrator"), who shall be chosen in the same manner as described above. The appellate arbitrator shall apply to the underlying decision and opinion the same standard for review of civil cases as an appellate court in the relevant jurisdiction and issue a decision in writing with a supporting opinion based on such review and applicable law. The appellate arbitrator's decision shall be final, binding and conclusive on the parties and may be entered in any court of competent jurisdiction.
    • 13.3. Class Action Waiver. Customer and Company agree that any dispute resolution proceeding will be conducted only on an individual basis and not on a class-wide, collective, multiple-party, or private attorney-general basis. Customer and Company also agree that any arbitration proceeding may not be consolidated with any other arbitration between Company and any other person or entity. Customer and Company understand that by agreeing to this binding arbitration provision, both are giving up the right to trial by a jury of any individual, class-wide, collective, multiple-party, private attorney general, or other claim wither may have against the other, except as expressly provided herein.
      • 13.3.1. Should any term or provision or portion of this arbitration agreement be declared void or unenforceable or deemed in contravention of law, it shall be severed and/or modified and the remainder of this agreement shall be enforceable; provided, however, that if the provision above prohibiting class-wide, collective action, consolidated, or other group arbitration is deemed invalid, then this entire arbitration provision shall be null and void and shall not apply to that dispute, which shall be resolved in a judicial proceeding in Utah County, Utah. In such circumstances, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
    • 13.4. Limitation on Time to File Claims
      • 13.4.1. Customer must bring any cause of action or claim they may have arising our of or relating to these Terms of Service within one (1) year after the cause of action occurs, otherwise such cause of action or claim is permanently barred.
  14. CHOICE OF LAW
    • 14.1. These Terms of Service are governed by the laws of the state of Utah without regard to any conflict of laws, and are subject to the exclusive jurisdiction of the Courts of Salt Lake City, Utah.