Terms of Service
RADIANT RESIDENCES
MASTER TERMS OF SERVICE
ARTICLE I
GENERAL PROVISIONS
Section 1. Purpose
These Master Terms of Service ("Agreement") establish the general terms and conditions governing all services provided by Radiant Residences ("Radiant Residences," "Company," "we," "our," or "us") to any customer requesting, scheduling, authorizing, approving, receiving, or paying for services ("Client," "you," or "your").
Radiant Residences provides multiple categories of property services. While each service may involve different work, all Services are governed by this Agreement unless a separate written contract expressly states otherwise.
Service-specific requirements are addressed in the applicable Service Schedule incorporated into this Agreement.
By requesting an estimate, scheduling Services, approving an estimate, authorizing work, permitting work to begin, making payment, or otherwise accepting Services, the Client agrees to be bound by this Agreement.
Section 2. Documents That Make Up This Agreement
This Agreement consists of:
- These Master Terms of Service.
- The applicable Service Schedule(s).
- The Approved Estimate.
- Any approved Change Order.
- Any recurring service agreement.
- Any Work Authorization.
- Any invoice identifying approved Services.
- The Radiant Residences Privacy Policy.
- Any written document expressly incorporated by reference.
These documents shall be interpreted together whenever reasonably possible.
Section 3. Order of Precedence
If a conflict exists between documents comprising this Agreement, they shall control in the following order:
- Approved Change Order.
- Approved Estimate.
- Applicable Service Schedule.
- Master Terms of Service.
- Radiant Residences Privacy Policy.
Except where expressly stated otherwise, each incorporated document supplements the others.
An Approved Estimate or Change Order controls with respect to the specific scope, pricing, scheduling, and other job-specific terms stated therein.
An Approved Estimate or Change Order does not modify or waive a safety, liability, warranty, dispute-resolution, or other legal provision of these Master Terms or an applicable Service Schedule unless it expressly identifies the provision being modified and states the modification.
Section 4. Service Schedules
Radiant Residences maintains service-specific Service Schedules.
Current Service Schedules include:
Schedule A — Cleaning Services
Schedule B — Professional Window Cleaning Services
Additional Service Schedules may be adopted for future or specialized Services.
A Service Schedule applicable to Services included in an Approved Estimate or otherwise authorized under this Agreement shall become part of this Agreement.
If Services governed by multiple Service Schedules are performed during the same appointment, each applicable Service Schedule shall govern the Services to which it applies.
Where a conflict exists between these Master Terms and an applicable Service Schedule regarding a matter unique to that Service Schedule, the applicable Service Schedule shall control only with respect to those Services.
ARTICLE II
DEFINITIONS
Section 5. Agreement
"Agreement" means these Master Terms together with all incorporated documents.
Section 6. Approved Estimate
"Approved Estimate" means a written or electronic estimate, proposal, quote, scope of work, or similar document issued by Radiant Residences and accepted by the Client.
Section 7. Business Day
"Business Day" means a day on which Radiant Residences conducts ordinary business operations.
Section 8. Change Order
"Change Order" means a written or electronically approved modification to previously authorized Services.
Section 9. Client
"Client" means the person or entity requesting, scheduling, authorizing, approving, receiving, or paying for Services.
Section 10. Company
"Company" means Radiant Residences and, where appropriate, its owners, employees, representatives, agents, and authorized subcontractors.
Section 11. Electronic Communication
"Electronic Communication" includes email, SMS/text message, electronic signature platforms, customer portals, scheduling systems, payment systems, and similar electronic methods.
Section 12. Property
"Property" means the residence, commercial property, structure, building, facility, premises, or other location at which Services are requested or performed.
Section 13. Recurring Services
"Recurring Services" means Services scheduled at repeating intervals pursuant to an Approved Estimate, recurring service agreement, or other written arrangement.
Section 14. Services
"Services" means work requested by the Client and accepted by Radiant Residences as identified in an Approved Estimate, Work Authorization, Change Order, recurring service agreement, invoice, or other incorporated document.
Section 15. Work Authorization
"Work Authorization" means written, electronic, or otherwise legally recognized authorization permitting Radiant Residences to perform specified Services.
ARTICLE III
CONTRACT FORMATION
Section 16. Formation of Agreement
A binding Agreement may be formed when the Client:
- approves an estimate;
- signs or electronically accepts a document;
- authorizes Services by email, text, telephone, customer portal, or other recognized method;
- schedules Services after receiving applicable terms;
- permits Radiant Residences to begin Services;
- makes payment; or
- otherwise accepts the Services and this Agreement.
Oral authorization may approve specific additional Services or charges when accepted by Radiant Residences, but an oral statement does not otherwise modify these Master Terms or an applicable Service Schedule.
Section 17. Authority to Contract
The person authorizing Services represents that they have authority to enter into this Agreement and authorize work at the Property.
Section 18. Independent Contractor
Radiant Residences performs Services as an independent contractor.
Nothing in this Agreement creates a partnership, joint venture, agency, fiduciary relationship, or employment relationship between Radiant Residences and the Client.
Section 19. No Third-Party Beneficiaries
Unless expressly stated otherwise, this Agreement is solely for the benefit of Radiant Residences and the Client.
Section 20. Compliance With Law
Nothing in this Agreement requires either party to perform an act prohibited by applicable law.
ARTICLE IV
SCOPE OF SERVICES
Section 21. Approved Scope
Radiant Residences shall perform only the Services included within the Approved Estimate or otherwise authorized under this Agreement.
Services not expressly included are excluded.
Section 22. Additional Services
Additional work is subject to Company approval, scheduling availability, and additional charges.
Section 23. Estimates
Estimates are based upon information reasonably available when prepared, including information supplied by the Client and reasonably observable conditions.
Concealed or materially different conditions may affect scope, labor, price, or scheduling.
Section 24. Accuracy of Client Information
The Client shall provide materially accurate information necessary to estimate and perform the Services.
The Client shall disclose known conditions that may materially affect Services, safety, equipment, or access.
Radiant Residences may revise scope, price, or scheduling when information is materially inaccurate or incomplete.
Section 25. Estimate Validity
Unless otherwise stated, estimates expire thirty (30) days after issuance.
Section 26. Changes in Scope
If conditions materially differ from those contemplated by the Approved Estimate, Radiant Residences may request a Change Order, revise scope or pricing, suspend affected work, or decline work that cannot reasonably or safely be performed.
ARTICLE V
SCHEDULING, ACCESS & CLIENT RESPONSIBILITIES
Section 27. Scheduling
Appointments are subject to availability and confirmation by Radiant Residences.
Section 28. Arrival Windows
Appointments may include an arrival window rather than an exact arrival time.
Traffic, weather, preceding appointments, staffing, and other circumstances may affect arrival.
Section 29. Rescheduling by Radiant Residences
Radiant Residences may reschedule Services because of employee illness, weather, unsafe conditions, equipment failure, emergencies, or circumstances beyond its reasonable control.
Section 30. Property Access
The Client shall provide safe and timely access to the Property and approved service areas.
Section 31. Client Responsibilities
The Client shall take reasonable steps necessary for Services to be performed safely and efficiently and shall disclose known hazards, fragile property, restricted areas, access limitations, animals, security conditions, existing damage, contagious illness, infestations, contamination, or other material conditions.
Section 32. Utilities
Unless otherwise stated, the Client shall provide functioning utilities reasonably necessary to perform the Services.
Section 33. Client Cooperation
The Client shall not knowingly interfere with or materially obstruct the Services.
Section 34. Illness and Communicable Conditions
The Client shall notify Radiant Residences as soon as reasonably possible if any occupant, household member, employee, guest, or other person expected to be present at the Property is experiencing symptoms of a contagious illness or has a communicable condition that may create an unreasonable exposure risk.
Radiant Residences may decline, postpone, reschedule, or discontinue Services when such a condition is present.
When the Client responsibly discloses illness or another communicable condition before the appointment, Radiant Residences may waive or reduce any otherwise applicable cancellation or rescheduling fee in its discretion.
If a condition known to the Client was not disclosed before arrival and Radiant Residences cannot reasonably perform the Services, the provisions of Section 48 shall apply.
Radiant Residences may assign another employee or reschedule Services when an assigned employee is ill.
ARTICLE VI
SAFETY & FORCE MAJEURE
Section 35. Safety
Radiant Residences retains reasonable discretion regarding the methods, equipment, access, and conditions under which Services are performed.
Employees are not required to perform work they reasonably believe presents an unacceptable risk of injury, exposure, property damage, or violation of law.
Section 36. Unsafe Conditions, Environmental Conditions or Conduct
Radiant Residences may decline, suspend, modify, pause, postpone, or discontinue Services if unsafe, hazardous, abusive, threatening, harassing, inappropriate, materially disruptive, or otherwise unreasonable working conditions exist.
Unsafe or hazardous conditions may include, without limitation:
- excessive indoor or outdoor heat or cold;
- unsafe indoor or outdoor temperatures;
- dangerous weather conditions;
- smoke;
- fumes;
- hazardous substances;
- poor air quality;
- inadequate ventilation;
- unsafe walking or working surfaces;
- electrical hazards; or
- other environmental or Property conditions that create an unreasonable risk of injury, illness, exposure, or property damage.
For indoor Services, when the outdoor temperature is 80°F or higher and functioning air conditioning is available at the Property, the Client shall operate the air conditioning during Services with the thermostat set no higher than 80°F.
If adequate cooling is unavailable, the air-conditioning system is not functioning, the Client declines to operate available cooling, or actual indoor conditions remain unreasonably hot despite the thermostat setting, Radiant Residences may modify, pause, postpone, or discontinue Services when reasonably necessary to protect employee health and safety.
A thermostat setting or the availability of air conditioning does not require an employee to continue working when actual conditions are reasonably determined to be unsafe.
For outdoor Services, including Professional Window Cleaning Services, Radiant Residences may modify, pause, postpone, reschedule, or discontinue work when heat, direct sun exposure, weather, air quality, or other environmental conditions create an unreasonable health or safety risk.
This Section also applies to unsafe or inappropriate conduct or conditions involving the Client, occupants, guests, contractors, animals, or other persons or circumstances at the Property.
If Services cannot be performed or must be terminated because of a condition or conduct within the Client's control, any applicable charges shall be determined under Section 48.
Section 37. Employee Safety Decisions
Employees may stop or decline individual tasks when, in their reasonable judgment, the task cannot safely be performed.
Such a decision shall not constitute a breach of this Agreement.
Section 38. Force Majeure
Radiant Residences shall not be liable for delay or failure to perform caused by circumstances beyond its reasonable control.
ARTICLE VII
PAYMENT
Section 39. Payment Obligation
Payment is due immediately upon completion of Services or issuance of the applicable invoice unless otherwise agreed in writing.
Section 40. Three-Day Grace Period and Late Interest
A three (3) calendar day grace period is allowed before late-payment charges begin.
Any balance remaining unpaid after the grace period may accrue interest at 1.5% per month (18% annually), or the maximum rate permitted by applicable law, whichever is lower, until paid.
Section 41. Deposits
Radiant Residences may require a deposit or advance payment before scheduling or beginning certain Services.
Section 42. Payment Methods
Radiant Residences may accept payment through Company-approved payment methods.
Section 43. Returned, Reversed, or Failed Payments
A returned, reversed, or failed payment may be subject to a service charge of up to $35, subject to applicable law.
For checks returned for insufficient funds, the charge shall not exceed the amount permitted under California Civil Code § 1719, as amended or replaced by successor law.
The Client remains responsible for the underlying balance and any additional third-party charges recoverable by law.
Section 44. Suspension for Nonpayment
Radiant Residences may suspend, cancel, or refuse future Services while any undisputed balance remains past due.
Section 45. Collections
Past-due balances may be referred for collection or pursued through available legal remedies.
To the extent permitted by law, the Client shall be responsible for reasonable collection expenses, including collection agency fees, court costs, and filing fees.
Section 46. Taxes
The Client is responsible for applicable taxes or governmental charges lawfully imposed upon the Services unless otherwise required by law.
ARTICLE VIII
CANCELLATION, RESCHEDULING & MISSED APPOINTMENTS
Section 47. Cancellation and Rescheduling by Client
The Client shall provide at least twenty-four (24) hours' notice to cancel or reschedule an appointment.
An appointment cancelled or rescheduled with less than twenty-four (24) hours' notice may be subject to a cancellation charge equal to the greater of:
- fifty percent (50%) of the scheduled Service price; or
- any minimum service charge expressly stated in the Approved Estimate.
Unless the Approved Estimate expressly provides otherwise, the cancellation charge shall not exceed the scheduled Service price.
The parties acknowledge that Radiant Residences reserves employee time, scheduling capacity, routing, travel planning, and other operational resources for each scheduled appointment and that the actual damages resulting from a late cancellation are impracticable or extremely difficult to determine because the reserved appointment time may not reasonably be filled on short notice.
The cancellation charge is intended as a reasonable estimate of the loss associated with the reserved appointment and is not intended as a penalty.
Radiant Residences may waive or reduce the cancellation charge in its discretion, including when the Client provides responsible notice of illness, emergency, or another circumstance determined by Radiant Residences to warrant an exception.
Section 48. Missed Appointments, Arrival Failures and Client-Controlled Conditions
If Radiant Residences arrives as scheduled but cannot reasonably perform the Services because of a condition within the Client's control or because required information was not disclosed before arrival, the Client may be charged the greatest of:
- any minimum service charge expressly stated in the Approved Estimate;
- fifty percent (50%) of the scheduled Service price; or
- the reasonable value of labor, travel time, and other costs already incurred in connection with the appointment,
to the extent permitted by applicable law.
To the extent the appointment charge is based upon the minimum service charge or fifty percent (50%) of the scheduled Service price rather than actual costs incurred, the parties acknowledge that the same reservation of employee time, scheduling capacity, routing, travel planning, and difficulty determining actual damages described in Section 47 applies.
Unless the Approved Estimate expressly provides otherwise, the appointment charge under this Section shall not exceed the scheduled Service price.
This may include, without limitation:
- failure to provide access;
- unavailable required utilities;
- an undisclosed contagious illness or communicable condition;
- an undisclosed pest or vermin infestation;
- undisclosed contamination or hazardous conditions;
- an aggressive or uncontrolled animal;
- threatening, abusive, harassing, or unsafe conduct;
- conditions making the approved work unsafe or impracticable; or
- other circumstances within the Client's reasonable control that prevent the Services from being performed.
Charges arising from contamination, decontamination, disposal, servicing, or replacement of Company equipment or materials are separate from the appointment charge and are governed by the applicable Service Schedule.
If access or another correctable condition is resolved after Radiant Residences arrives and the Services proceed, reasonable waiting time or additional labor may be charged when authorized under the Agreement.
Section 49. Rescheduled Services
Rescheduling does not guarantee that the same employees, date, time, or arrival window will remain available.
ARTICLE IX
SATISFACTION GUARANTEE
Section 50. Notice of Concern
Concerns regarding completed Services must be reported within twenty-four (24) hours after completion unless another period is stated in an applicable Service Schedule.
Section 51. Opportunity to Correct
Radiant Residences shall be given a reasonable opportunity to inspect and correct a verified workmanship concern.
Re-service of the affected area is the primary remedy for a verified workmanship issue.
Radiant Residences may determine another reasonable remedy when appropriate.
Section 52. Third-Party Corrective Work
The Client shall not incur third-party corrective costs and seek reimbursement from Radiant Residences without first providing Radiant Residences a reasonable opportunity to inspect and remedy the concern.
Radiant Residences is not responsible for third-party cleaning, repair, or corrective-service charges incurred without its prior written approval, except where applicable law requires otherwise.
Section 53. Limitations
The Satisfaction Guarantee does not apply to:
- conditions outside the approved scope;
- permanent staining or damage;
- pre-existing conditions;
- inaccessible or unsafe areas;
- conditions caused or altered after completion;
- normal deterioration;
- excluded conditions; or
- results not reasonably achievable through the Services purchased.
Section 54. No Guarantee of Restoration
Unless expressly agreed in writing, Radiant Residences does not guarantee restoration of any surface, material, component, or Property condition to a new or original condition.
ARTICLE X
EXISTING CONDITIONS & DAMAGE CLAIMS
Section 55. Existing Conditions
Radiant Residences is not responsible for damage, deterioration, defects, wear, improper installation, previous repairs, manufacturing defects, or other conditions existing before Services.
Cleaning or servicing may reveal previously concealed conditions.
Section 56. Concealed and Latent Conditions
Radiant Residences is not responsible for latent or concealed defects that could not reasonably have been identified before Services.
Section 57. Property Damage Reporting
Any alleged property damage reasonably discoverable after Services must be reported to Radiant Residences within twenty-four (24) hours after completion.
A latent condition not reasonably discoverable within that period shall be reported promptly after discovery.
Failure to provide timely notice may materially impair Radiant Residences' ability to investigate and may result in denial or limitation of the claim to the extent permitted by law.
Section 58. Opportunity to Inspect
The Client shall preserve the affected property and provide Radiant Residences a reasonable opportunity to inspect before repair, replacement, disposal, alteration, or remediation by another party whenever reasonably practicable.
Section 59. Right to Remedy Property Damage
If Radiant Residences determines that property damage was directly caused by its negligence, Radiant Residences shall have the first opportunity to remedy the damage.
At its reasonable discretion, Radiant Residences may:
- repair the affected item;
- arrange repair by a qualified third party;
- replace the item with one of reasonably similar age, quality, and condition; or
- provide monetary compensation.
Any monetary compensation may be based upon the lesser of the reasonable repair cost, actual cash value, or reasonable replacement cost of a substantially similar item, to the extent permitted by law.
Section 60. Client-Supplied Products or Materials
If Radiant Residences agrees to use a product, material, or equipment supplied or specifically requested by the Client, the Client assumes risks inherent in its suitability and performance except to the extent liability cannot lawfully be shifted.
ARTICLE XI
LIABILITY, WARRANTIES & INSURANCE
Section 61. Limitation of Liability
To the fullest extent permitted by applicable law, the total aggregate liability of Radiant Residences arising from a claim relating to a specific Service shall not exceed the amount paid by the Client for the specific Service giving rise to the claim.
Subject to that limitation, Radiant Residences shall be responsible only for direct physical loss or damage proven to have been caused by its failure to exercise reasonable care.
Radiant Residences shall not be liable for indirect, incidental, special, exemplary, punitive, consequential, loss-of-use, loss-of-income, loss-of-profit, or similar damages to the extent those damages may lawfully be excluded.
Nothing in this Section limits liability for fraud, willful misconduct, gross negligence, violation of law, or any other liability that cannot lawfully be limited or waived.
Section 62. Warranty Disclaimer
Except for obligations expressly stated in this Agreement and rights that cannot lawfully be waived, Services are provided without additional express or implied warranties.
Section 63. Insurance
Radiant Residences maintains insurance coverage appropriate to its business operations as determined by the Company and applicable requirements.
The existence of insurance does not create liability where liability would not otherwise exist.
Section 64. Indemnification
To the extent permitted by law, the Client shall be responsible for claims, losses, or expenses arising from materially inaccurate information, undisclosed hazards, lack of authority to authorize Services, or conditions created by the Client or persons under the Client's control.
Nothing requires the Client to indemnify Radiant Residences for liability that cannot lawfully be shifted.
ARTICLE XII
DOCUMENTATION & INTELLECTUAL PROPERTY
Section 65. Service Documentation
Radiant Residences may create photographs, videos, notes, measurements, inspection records, timestamps, communications, and other documentation relating to the Property and Services.
Documentation may be used for legitimate business, estimating, service verification, quality control, insurance, dispute-resolution, safety, or legal purposes.
Section 66. Marketing Photography
Radiant Residences shall not intentionally use photographs or videos identifying the Client or revealing private information for advertising without appropriate authorization.
Section 67. Intellectual Property
Radiant Residences retains rights in its proprietary estimates, pricing systems, forms, contracts, service descriptions, procedures, training materials, graphics, photographs, website content, and other original business materials.
ARTICLE XIII
COMMUNICATIONS, ELECTRONIC RECORDS & PRIVACY
Section 68. Electronic Communications
The Client consents to receive communications relating to Services and administration of this Agreement by telephone, email, SMS/text, customer portal, electronic signature platform, payment platform, scheduling system, or other commercially reasonable method.
Section 69. Electronic Records & Signatures
Electronic signatures, approvals, emails, text-message approvals, online approvals, and electronic payment authorizations shall have the same legal effect as other legally recognized forms of acceptance to the fullest extent permitted by law.
Section 70. Communication Preferences
The Client may opt out of promotional communications without affecting operational, billing, scheduling, safety, or legal communications.
Section 71. Notices
Any notice permitted or required under this Agreement may be delivered personally, by mail, by recognized delivery service, or electronically using the most recent contact information supplied by the receiving party.
Electronic notice shall be considered delivered when transmitted unless the sender receives notice that delivery was unsuccessful, subject to any different requirement imposed by applicable law.
The Client is responsible for maintaining current contact information.
Section 72. Privacy
Radiant Residences may collect, use, maintain, disclose, and retain information reasonably necessary to estimate, schedule, perform, administer, document, bill, collect payment for, or defend claims relating to Services and for other lawful business purposes.
The Radiant Residences Privacy Policy is incorporated by reference.
Section 73. Confidential Information
Radiant Residences shall make reasonable efforts to protect confidential Client information encountered in connection with Services.
Section 74. Record Retention
Radiant Residences may retain Service-related records for as long as reasonably necessary for legitimate business, tax, insurance, legal, claims, or compliance purposes.
ARTICLE XIV
GENERAL LEGAL PROVISIONS
Section 75. California Consumer Rights
Nothing in this Agreement waives or restricts a right or protection that cannot lawfully be waived.
Section 76. Governing Law
This Agreement is governed by California law.
Section 77. Venue
Unless otherwise required by law, legal proceedings arising from this Agreement shall be brought in a court of competent jurisdiction in San Diego County, California.
Section 78. Mandatory Pre-Litigation Mediation
Except for Small Claims Court proceedings, emergency or injunctive relief, or circumstances in which applicable law does not permit mediation to be required, the parties shall attempt to resolve any dispute arising from this Agreement through non-binding mediation before commencing litigation.
Either party may initiate mediation by written request.
The parties shall cooperate in selecting a mutually acceptable mediator and shall participate in at least one mediation session in good faith.
The requirement is to participate in mediation, not to reach a settlement.
Unless otherwise agreed, mediation shall occur in San Diego County, California, or remotely by mutual agreement, and mediator fees shall be shared equally.
If the receiving party refuses mediation, fails to respond within fifteen (15) days after a written mediation request, or fails to reasonably cooperate in scheduling mediation, the requesting party shall be deemed to have satisfied this requirement.
Section 79. Assignment
The Client may not assign this Agreement without prior written consent of Radiant Residences.
Radiant Residences may assign the Agreement to a successor, affiliated entity, purchaser of substantially all business assets, or legal successor.
Section 80. No Waiver
No waiver is effective unless made in writing by an owner or authorized manager of Radiant Residences.
Failure to enforce a provision does not waive it.
Section 81. Severability
If a provision is invalid or unenforceable, it shall be modified only to the minimum extent necessary to make it enforceable or otherwise severed.
The remainder shall remain in effect.
Section 82. Headings
Headings are provided for convenience and organizational purposes only and shall not affect the interpretation or construction of this Agreement.
Section 83. Survival
Provisions that by their nature should survive completion, cancellation, expiration, or termination shall remain effective.
Section 84. Entire Agreement
These Master Terms, applicable Service Schedule(s), Approved Estimate, approved Change Orders, Work Authorizations, recurring service agreements, invoices, Privacy Policy, and expressly incorporated documents constitute the complete Agreement regarding the Services.
Oral authorization may approve specific additional Services or charges as provided in this Agreement, but no oral statement otherwise modifies these Master Terms or an applicable Service Schedule.
Section 85. Contact Information
Radiant Residences
Phone: (619) 381-2061
Email: letsclean@sandiegosbestcleaners.com
Website: sandiegosbestcleaners.com
Business Hours: 8:00 a.m.–8:00 p.m. Pacific Time
Section 86. Acceptance
By requesting an estimate, scheduling Services, approving an estimate, authorizing work, signing electronically or in writing, making payment, permitting work to begin, or otherwise accepting Services, the Client agrees to this Agreement and each applicable incorporated Service Schedule.
END OF MASTER TERMS OF SERVICE
Service Schedules
These terms govern every service we provide. The procedures, exclusions, and limitations for a specific service are set out in its Service Schedule, each of which forms part of this agreement.