Indiana cleaning service contract template
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How Indiana cleaning service contract Differ from Other States
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Indiana law may require cleaning businesses to have specific state or local business licenses not needed in other states.
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Indiana courts recognize the enforceability of certain limitation of liability clauses, which might differ from other states' interpretations.
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State-specific sales tax regulations in Indiana may impact invoicing and payment terms in cleaning service contracts.
Frequently Asked Questions (FAQ)
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Q: Is a written cleaning service contract required in Indiana?
A: While not legally required, a written contract is strongly recommended in Indiana to clearly outline terms and avoid disputes.
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Q: Do cleaning service providers in Indiana need special insurance?
A: Indiana cleaning businesses often need liability insurance and may be required to carry workers’ compensation, depending on staff.
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Q: Can an Indiana cleaning contract include late payment fees?
A: Yes, an Indiana cleaning service contract can include late payment fees if disclosed and agreed to by both parties in writing.
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Indiana Cleaning Service Contract
This Cleaning Service Contract (the “Agreement”) is made and entered into as of [Date] by and between:
[Cleaning Service Provider’s Full Legal Name], a [Business Entity Type, e.g., Sole Proprietorship, LLC, Corporation], with a principal place of business at [Cleaning Service Provider’s Address], Indiana, and contact information: phone [Cleaning Service Provider’s Phone Number], email [Cleaning Service Provider’s Email Address] (hereinafter referred to as “Provider”), and, if applicable and required by Indiana law, the Indiana registered agent is [Registered Agent's Name] at [Registered Agent's Address].
[Client’s Full Legal Name], residing at [Client’s Address], Indiana, with contact information: phone [Client’s Phone Number], email [Client’s Email Address] (hereinafter referred to as “Client”).
1. Description of Cleaning Services
Option A: Routine Cleaning Services
The Provider will perform the following routine cleaning tasks at the Client's property: [Specific tasks, e.g., Dusting, vacuuming, mopping, bathroom cleaning, kitchen cleaning] in the following areas: [Specific areas, e.g., Living room, bedrooms, bathrooms, kitchen]. The frequency of these services will be [Frequency, e.g., Weekly, bi-weekly, monthly].
Option B: Deep Cleaning Services
The Provider will perform a deep cleaning of the Client's property, including the following tasks: [Specific tasks, e.g., Cleaning baseboards, washing windows, cleaning inside appliances] in the following areas: [Specific areas, e.g., Entire house, specific rooms]. This service will be performed [Frequency, e.g., Once, annually, semi-annually].
Option C: Specialized Cleaning Services
The Provider will perform specialized cleaning services, including [Type of service, e.g., Carpet cleaning, floor waxing, window washing, post-construction clean-up, sanitization, disinfection]. Details of the service: [Detailed description of service, including products/chemicals used]. If sanitization or disinfection is provided, it will adhere to current Indiana Department of Health guidelines.
Type of Property:
[Property Type, e.g., Residential, Commercial, Industrial, Medical Facility]
Special instructions/protocols regarding medical facilities to be compliant with Indiana regulations and guidelines.
2. Schedule and Access
Option A: Scheduled Cleaning
The Provider will perform the cleaning services on [Day(s) of the week] between the hours of [Start Time] and [End Time].
Option B: Flexible Scheduling
The parties will agree on a schedule at least [Number] days in advance.
Access Procedures:
The Client will provide the Provider with [Access method, e.g., Key, access code, alarm code]. The alarm code is [Alarm code].
Security Requirements:
The Provider and its staff will comply with all security requirements of the Client's property, including [Specific security requirements]. Background checks may be required per Indiana criminal background check laws where applicable (especially for schools or care facilities).
3. Supplies and Equipment
Option A: Provider Supplies
The Provider will supply all necessary cleaning equipment, products, and consumables.
Option B: Client Supplies
The Client will supply the following cleaning equipment, products, and consumables: [List of supplies provided by the client].
Authorized/Prohibited Products:
The following brands/materials are authorized: [List of authorized brands/materials]. The following brands/materials are prohibited: [List of prohibited brands/materials].
MSDS and Labeling:
The Provider will maintain Material Safety Data Sheets (MSDS) for all cleaning products used and ensure proper labeling. PPE will be utilized by Provider staff as required by federal and Indiana state safety requirements.
4. Fees and Payment
Option A: Hourly Rate
The hourly rate for cleaning services is [Dollar Amount] per hour.
Option B: Per Visit Rate
The fixed rate per cleaning visit is [Dollar Amount].
Option C: Square Footage Rate
The rate is [Dollar Amount] per square foot.
Option D: Flat Rate
The flat rate for all services described is [Dollar Amount].
Overtime/Holiday Premiums:
Overtime (hours exceeding 40 in a workweek) will be billed at [Percentage]% of the standard hourly rate. Holiday premiums will be billed at [Percentage]% of the standard hourly rate for services performed on [List of holidays].
Invoicing and Payment:
The Provider will invoice the Client [Frequency, e.g., Weekly, bi-weekly, monthly]. Payment is due within [Number] days of the invoice date. Payment can be made by [Payment methods, e.g., Check, cash, electronic transfer].
Late Payment Penalties:
Late payments will be subject to a late fee of [Dollar Amount or Percentage].
Indiana Sales Tax:
Applicable Indiana state and local sales taxes will be added to each invoice, unless Client provides valid exemption documentation.
5. Insurance
The Provider will maintain the following insurance coverage:
Worker’s Compensation insurance as required by Indiana Code 22-3.
General Liability insurance with a minimum coverage of [Dollar Amount].
Property Damage insurance with a minimum coverage of [Dollar Amount].
Additional insured endorsements for the Client.
The Provider will provide the Client with certificates of insurance upon request and will notify the Client of any policy changes or cancellations.
6. On-Site Protocol
Access Keys/Alarm Codes:
See section 2
Parking:
The Provider's staff will park in [Designated parking area].
Restroom Use:
The Provider's staff may use the [Designated restroom].
Restricted Areas:
The Provider's staff is prohibited from entering the following areas: [List of restricted areas].
Indiana Workplace Requirements:
Provider staff will comply with any state-specific safety orientations or union notification requirements applicable to the Client's workplace.
7. Service Performance and Quality Assurance
Service Performance Standards:
The Provider will perform the cleaning services in a professional and workmanlike manner, meeting industry standards.
Reporting Deficiencies:
The Client will notify the Provider of any deficiencies in the cleaning services within [Number] days of the service date.
Remedying Deficiencies:
The Provider will remedy any deficiencies within [Number] days of notification, at no additional cost to the Client.
Quality Assurance:
The Provider will conduct periodic quality assurance inspections to ensure the quality of the cleaning services.
8. Client Obligations
Preparation of Premises:
The Client will ensure that the premises are reasonably prepared for cleaning.
Communication:
The Client will communicate any schedule changes or feedback to the Provider in a timely manner.
Safe Storage of Valuables:
The Client is responsible for the safe storage of valuables.
Notification of Hazardous Conditions:
The Client will promptly notify the Provider of any hazardous conditions on the premises.
Pest/Infectious Disease Disclosure:
The Client will disclose any pest infestations or infectious diseases present on the premises, as required by Indiana law.
9. Modification of Scope
Any modifications to the scope of services must be agreed upon in writing by both parties. The agreement must include revised pricing.
10. Subcontracting/Assignment
The Provider shall not subcontract or assign this Agreement without the prior written consent of the Client, in compliance with Indiana subcontractor licensing and insurance rules.
11. Property and Confidentiality
The Provider will handle, safeguard, and return all Client property and confidential information with due care. Data privacy responsibilities will be observed if handling client records.
12. Emergency Response
For emergency service requests outside normal business hours, the Provider will respond within [Number] hours. Surcharges may apply. The Provider will notify the Client in the event of any suspected break-in or property loss during service.
13. Suspension of Service
The Provider may suspend service due to reasonable circumstances such as inclement weather or contagious illness outbreaks, following communication protocols outlined in this agreement.
14. Termination
Option A: Termination for Convenience
Either party may terminate this Agreement for convenience with [Number] days written notice.
Option B: Termination for Cause
Either party may terminate this Agreement for cause upon written notice of breach, with [Number] days to cure the breach.
Option C: Termination for Non-Performance
Client may terminate if performance goals set in the agreement are not met.
Final Reconciliation:
Upon termination, the parties will reconcile and settle all outstanding payments. Keys or access credentials will be returned.
15. Liability and Indemnification
The Provider's liability for property damage, theft, or personal injury is limited to [Dollar Amount], as allowed by Indiana law.
Each party agrees to indemnify and hold harmless the other party from any third-party claims arising out of their own acts or omissions.
Consequential or incidental damages are excluded to the extent enforceable under Indiana law.
16. Compliance with Laws
The Provider will comply with all applicable Indiana state and local laws governing cleaning services, including but not limited to environmental, safety, wage, anti-discrimination, and business registration/tax obligations.
17. Dispute Resolution
The parties will attempt to resolve any disputes through good faith negotiation. If negotiation fails, the parties may pursue mediation or arbitration in Indiana. This Agreement shall be governed by the laws of the State of Indiana, and venue for any legal action shall be in [County Name] County, Indiana.
18. Notice
All notices must be in writing and delivered by certified mail or email to the addresses listed above.
19. Integration, Amendment, Waiver, and Severability
This Agreement constitutes the entire agreement between the parties. It may be amended only in writing signed by both parties. No waiver of any provision shall be effective unless in writing. If any provision is held invalid, the remaining provisions shall remain in effect.
20. Independent Contractor Status
The parties agree that the Provider is an independent contractor and not an employee of the Client. The Provider is responsible for all taxes, benefits, and legal requirements for its staff.
21. Force Majeure
Neither party shall be liable for any delay or failure to perform due to events beyond their reasonable control, including severe storms, flooding, or government-mandated closures, as applicable in Indiana.
22. COVID-19 or Infectious Disease Protocols
The Provider will comply with all COVID-19 or infectious disease-specific protocols required by Indiana or local order.
23. Additional Requirements (If Applicable)
For medical, childcare, or educational facilities, the Provider will comply with all additional background check, vaccination, and documentation requirements pursuant to Indiana state law. If the contract involves homes with minors or vulnerable adults, the Provider will comply with Indiana background check and abuse prevention regulations.
24. Warranty and Re-Service
The Provider warrants that the cleaning services will be performed in a workmanlike manner. If the Client is not satisfied, the Provider will re-service the affected area within [Number] days of notification.
25. Client Audit/Inspection
The Client reserves the right to conduct periodic audits or inspections to verify the Provider's compliance, with reasonable notice.
26. Publicity
The Provider shall not publicize the relationship between the parties without the written consent of the Client.
27. Consumer Protection (If Applicable)
If this Agreement is subject to Indiana consumer protection laws, the Client has certain statutory rights under the Indiana Deceptive Consumer Sales Act.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Cleaning Service Provider’s Full Legal Name]
By: ____________________________
[Printed Name and Title]
____________________________
[Client’s Full Legal Name]