Terms & Conditions

THIS AGREEMENT is made on the date of this invoice BETWEEN the Client (“Buyer or Property Owner/Manager”) and Master Clean USA or its Independent Contractor, Service Provider (“Service Provider”), collectively referred to as the “Parties”.

Recitals

Buyer wishes to be provided with the Services (defined below) by Service Provider and Service Provider agrees to provide the services to Buyer on the terms and conditions of this Agreement.

Disclaimer

Mold occurs naturally everywhere, both indoors and outdoors. It is important to recognize that the goal of remediation is to return the property to a normal fungal ecology, not necessarily to eliminate all mold. There are no federal standards for acceptable levels of mold, so testing and clearance results can vary. Master Clean USA does not make guarantees about future mold growth as conditions such as humidity, leaks, or ventilation issues can reintroduce mold after remediation. Buyer acknowledges that the presence of mold indicates moisture issues which must be addressed separately to prevent recurrence.

Inspection & Testing Disclaimer

Buyer has been advised to obtain their own 3rd party inspection and post-remediation verification (PRV) after services are rendered. Any testing done by Master Clean USA is for informational purposes only and should not be interpreted as official clearance. Buyer acknowledges that visible inspection and third-party verification are critical steps in confirming the effectiveness of remediation services.

1. Key Terms

1.1 Services

1. Service Provider shall provide the following services (“Services”) to Buyer:
   1. Mold Testing, Mold Inspection, and Recommendations
   2. Remediation of Mold and Odors related to Mold
   3. Prevention of Mold Growth on Surfaces
2. Service Provider and all technicians are fully trained, certified, and experienced in mold remediation in accordance with industry standards including ANSI/IICRC S520.
3. The Master Clean USA patented Dry Fogging system is designed to safely and effectively eliminate mold and bacteria using EPA-registered products. It is a non-invasive procedure but does not address water damage or structural issues that may have caused the mold.

1.2 Scope of Work / Delivery of the Services

1. Scope of work: Service Provider will provide testing services, visual inspections, and/or mold remediation services based on the areas specified in the invoice or proposal attached. Additional services outside the scope must be requested and agreed to in writing.
2. The presence of moisture past, present, or future is the sole responsibility of the property owner to identify and correct. Remediation may be ineffective if moisture issues are not resolved prior to or following treatment.
3. Start date: Service Provider shall commence work within a reasonable time after acceptance of this agreement, subject to availability and access to the site.

1.3 Site Access & Limitation of Liability

Service Provider shall provide the Services at Buyer’s place of occupancy or another site mutually agreed to by the Parties. Buyer shall provide free and unobstructed access to the site and to all areas requiring remediation. Service Provider shall not be liable for any damage arising from inadequate access, undisclosed hazards, or failure to remove valuables or sensitive materials from the treatment area. Buyer acknowledges that certain materials may be discolored or damaged during remediation.

1.4 Price

1. As consideration for the provision of the Services, Buyer agrees to pay Service Provider the amount specified in the accompanying estimate or invoice. Pricing may be adjusted for changes in scope or additional services requested by Buyer.

1.5 Payment

1. Buyer agrees to pay the price in full upon completion of services unless otherwise agreed in writing.
2. The method of payment will be:
   1. Cash, Check, or PayPal paid directly to Master Clean USA.
   2. Wire transfer to the bank account specified by Service Provider.
   3. Credit card payment with a 3% processing fee applied to the total amount.
3. Any charges payable under this Agreement are exclusive of tax. Buyer shall be responsible for any applicable taxes.
4. Failure to pay on time shall result in a late fee of 5% of the unpaid balance every 30 days past due. Service Provider may withhold warranty documents or certificates of completion until payment is received in full.
5. Buyer agrees to pay a $200 change order fee for any material changes to the scope of work after the commencement of services. This fee is in addition to any cost adjustments related to changes.

2. General Terms

2.1 Document Ownership / Intellectual Property Rights

1. Service Provider holds exclusive intellectual property (“IP”) rights over all documents, reports, diagrams, testing results, or other materials created as part of the service delivery.
2. Contractor vests in Buyer a limited irrevocable license to use the deliverables solely for property management or compliance purposes. Deliverables may not be resold or distributed for commercial use without written consent.

2.2 Warranty and Certificate

1. Service Provider represents and warrants that the services will be performed in a professional and workmanlike manner according to industry standards.
2. After mold remediation service is completed and final payment received, Service Provider may issue a 1-year limited warranty on areas treated, contingent upon post-remediation verification from a third-party inspector and no recurring moisture issues.
3. If this Warranty is executed, Buyer agrees to perform routine maintenance and repairs to prevent moisture or humidity buildup. Failure to do so voids any warranty provided.

2.3 Limitation of Liability

1. Subject to Buyer’s obligation to pay the Fee, Service Provider’s liability in contract, tort, or otherwise, arising in connection with this Agreement shall be limited to the amount of the Fee paid by Buyer.
2. To the extent it is lawful, Service Provider shall not be liable for any indirect or consequential loss or damage, including loss of profit or business interruption, arising out of or in connection with the Services.
3. Nothing in this Clause shall limit either Party’s liability for death or personal injury caused by negligence or for fraud.

2.4 Hazardous Substances

Service Provider takes no responsibility for toxic or hazardous substances not identified in the scope of work. Buyer must disclose any known or suspected contaminants such as asbestos, lead, or chemicals prior to service. Discovery of such substances may result in additional charges or termination of services.

2.5 Subsurface Structures

Service Provider takes no responsibility for sub-surfaces or concealed areas such as behind walls, under floors, or in HVAC systems unless specifically included in the scope of work. Additional inspection and remediation may be required at Buyer’s expense if contamination is discovered in those areas.

2.6 Term and Termination

1. This Agreement shall be effective as of the date of acceptance and shall remain in force until completion of the Services or earlier termination by either Party with 7 days written notice.
2. Any termination prior to completion will result in Buyer being liable for services performed and expenses incurred up to the date of termination.

2.7 Confidentiality

Neither Party will use, copy, adapt, alter, or part with possession of any information of or relating to the other Party which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature, unless with the prior written consent of the other Party or as required by law.

2.8 Notices

Any notice which may be given by a Party under this Agreement shall be deemed to have been duly delivered if delivered personally, sent by email with read receipt, or mailed by certified mail to the address on file for the receiving Party.

2.9 Miscellaneous

1. The failure of either party to enforce any rights under this Agreement shall not be deemed a waiver of those rights.
2. If any part of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
3. Neither Party shall assign or transfer their rights or obligations under this Agreement without the prior written consent of the other Party.
4. This Agreement may not be amended or modified except in writing signed by both Parties.
5. This Agreement constitutes the entire understanding between the Parties and supersedes all prior discussions or agreements.
6. Neither Party shall be liable for failure to perform obligations under this Agreement due to acts of God, natural disasters, or other causes beyond reasonable control.
7. This Clause and Agreement shall survive the termination of services provided under this Agreement.
8. This Agreement shall be governed by the laws of the State of California.
9. Service Provider is licensed, bonded, and insured to perform the Services described herein.

Final Clause

AS WITNESS the hands of the Parties hereto by the invoice date and/or commencement of services, the Parties agree to all terms stated in this Service Agreement.