North Carolina cleaning service contract template
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How North Carolina cleaning service contract Differ from Other States
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North Carolina law requires clear identification of independent contractor status to avoid confusion with employment relationships.
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Service contracts in North Carolina must comply with specific wage payment and worker classification laws unique to the state.
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Liability and insurance clauses may need to reference North Carolina regulations and coverage minimums for cleaning businesses.
Frequently Asked Questions (FAQ)
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Q: Is a written cleaning service contract required in North Carolina?
A: While not strictly required by law, a written contract is highly recommended to clarify expectations and prevent disputes.
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Q: Does the contract need to specify insurance compliance in North Carolina?
A: Yes, referencing adherence to North Carolina insurance requirements for cleaning services is strongly advised.
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Q: Can I use this template for residential and commercial cleaning jobs?
A: Yes, the template is suitable for both residential and commercial cleaning services in North Carolina.
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North Carolina Cleaning Service Contract
This Cleaning Service Contract ("Contract") is made and entered into as of [Date] by and between:
- [Cleaning Service Company Name], a [State] [Entity Type, e.g., LLC] with its principal place of business at [Cleaning Service Address], whose registered agent is [Registered Agent Name] (if applicable) and whose North Carolina business license number is [Business License Number] ("Service Provider"), and
- [Client Name], residing at [Client Address], or if a business entity, a [State] [Entity Type, e.g., Corporation] with its principal place of business at [Client Business Address] ("Client").
The Service Provider and Client are each referred to herein individually as a “Party” and collectively as the “Parties.”
1. Service Location and Access
- Option A: The Service Provider will provide cleaning services at the following location: [Service Location Address].
- Option B: The Service Provider will provide cleaning services at the following locations:
- [Service Location 1 Address]
- [Service Location 2 Address]
- [Add more locations as needed]
- Option C: Access to the Service Location(s) will be provided as follows: [Describe access instructions, including security codes, key management procedures, parking instructions, etc.].
2. Scope of Work
- Option A: The Service Provider will perform the following cleaning services:
- [List specific cleaning tasks, e.g., Vacuuming, Mopping, Dusting, Restroom Sanitation, Kitchen Cleaning, Window Washing, Trash Removal].
- [List special services if needed, e.g., Carpet extraction, Floor waxing, Post-construction cleanup].
- Option B: Refer to Exhibit A for a detailed list of cleaning services to be performed. (Attach detailed cleaning schedule as Exhibit A)
- Option C: The cleaning frequency will be [Daily, Weekly, Monthly, One-time]. Scheduled service days are [Days of the Week]. The estimated start time is [Start Time] and the estimated end time is [End Time]. The estimated duration of each service is [Duration].
3. Cleaning Products and Equipment
- Option A: The Service Provider will supply all necessary cleaning products, tools, and equipment.
- Option B: The Client will supply the following cleaning products, tools, and equipment: [List items supplied by client].
- Option C: The Service Provider will use EPA-approved disinfectants compliant with North Carolina Department of Health and Human Services (NCDHHS) guidelines.
- Option D: Only eco-friendly, hypoallergenic, or child-safe products will be used. [Specify requirements].
- Option E: The Client requires the Service Provider to comply with North Carolina waste disposal regulations for hazardous or biological materials, including providing Material Safety Data Sheets (MSDS) and proper storage of chemicals on client premises.
4. Consumables/Replenishments
- Option A: The Service Provider is responsible for replenishing consumables such as toilet paper, soap, and trash liners.
- Option B: The Client is responsible for replenishing consumables such as toilet paper, soap, and trash liners.
- Option C: Third-party branded cleaning products or restricted chemicals are prohibited. [List prohibited products or chemicals].
5. Service Standards and Quality Assurance
- Option A: The Service Provider will maintain a high standard of cleanliness based on industry benchmarks.
- Option B: Performance will be evaluated through periodic inspections and client feedback.
- Option C: Unsatisfactory service will be addressed through corrective action processes. [Describe process].
- Option D: Photographic or digital documentation of service completion is required. [Specify details and obtain client consent related to privacy laws].
6. Staffing and Background Checks
- Option A: Cleaning staff will wear uniforms and identification badges.
- Option B: The Service Provider will conduct background checks on all cleaning staff.
- Option C: All on-site personnel must meet North Carolina’s eligibility to work standards, including I-9 verification, E-Verify compliance for commercial/business contracts, as required.
7. Insurance and Bonding
- Option A: The Service Provider carries general liability insurance with a minimum limit of [Dollar Amount], commercial auto insurance (if applicable) with a minimum limit of [Dollar Amount], and workers’ compensation insurance in compliance with North Carolina statutes.
- Option B: The Client is listed as an additional insured on the Service Provider’s general liability insurance policy.
- Option C: The Service Provider’s insurance policy includes a waiver of subrogation in favor of the Client.
8. Indemnification
The Service Provider agrees to indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or relating to the Service Provider’s negligence or willful misconduct in the performance of the cleaning services under this Contract, including, but not limited to, property damage, personal injury, and violation of any applicable laws or regulations. The client agrees to indemnify and hold harmless the Service Provider from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or relating to the client’s negligence or willful misconduct or arising from unsafe conditions on the property.
9. Payment Terms
- Option A: The total fee for services is [Dollar Amount] [Hourly, Per Visit, Per Square Foot].
- Option B: The rate schedule is detailed in Exhibit B. (Attach rate schedule as Exhibit B)
- Option C: Overtime rates will be charged at [Dollar Amount] per hour.
- Option D: Payment is due [Number] days from the date of invoice.
- Option E: Accepted payment methods are [List accepted payment methods, e.g., Check, Credit Card, Electronic Transfer].
- Option F: All payments are subject to applicable North Carolina sales and use tax.
- Option G: Service may be suspended or terminated for late or non-payment. [Specify terms].
10. Health and Safety Compliance
- Option A: The Service Provider will comply with all applicable state and local workplace safety regulations, OSHA, and NCDHHS guidelines.
- Option B: Employees will receive required training and use appropriate Personal Protective Equipment (PPE). [Specify training and PPE requirements].
- Option C: The Service Provider has emergency procedures in place for accidents, spills, or exposure incidents. [Describe procedures].
11. COVID-19 Protocols
The Service Provider will adhere to current COVID-19 protocols based on relevant executive orders, CDC/NC DHHS public health guidance, and industry-specific compliance. [Specify protocols].
12. Property and Security
- Option A: The Service Provider will ensure secure storage of cleaning products and equipment.
- Option B: The Service Provider will not interfere with Client property.
- Option C: The Service Provider will report any lost or damaged items immediately.
- Option D: Client-supplied keys, alarm codes, and restricted area access will be handled with utmost care and confidentiality.
13. Non-Discrimination and Fair Labor Practices
The Service Provider will comply with all applicable state and federal laws regarding non-discrimination, equal opportunity employment, and fair labor practices.
14. Subcontracting
- Option A: Subcontracting is not permitted.
- Option B: Subcontracting is permitted with prior written approval from the Client. Any subcontractor must meet all requirements of this Contract, including insurance, training, and background checks. The Service Provider is responsible for the conduct of any subcontractors.
15. Contract Term and Renewal
- Option A: This Contract will commence on [Start Date] and terminate on [End Date].
- Option B: This Contract is ongoing and may be terminated by either Party with [Number] days’ written notice.
- Option C: This Contract will automatically renew for successive terms of [Duration] unless either Party provides written notice of termination at least [Number] days prior to the end of the current term.
- Option D: Either Party may terminate this Contract for material breach or non-performance by the other Party.
16. Changes in Service
Any changes in service volume, frequency, or scope must be documented in a written change order and mutually agreed upon by both Parties.
17. Client Obligations
The Client will provide the Service Provider with access to the service location, electricity, water, and HVAC scheduling as needed.
The Client will provide a safe working environment for the Service Provider’s employees.
The Client is responsible for removing or securing valuables or confidential information during cleaning.
The Client will ensure parking availability for the Service Provider.
18. Dispute Resolution
In the event of any dispute arising out of or relating to this Contract, the Parties agree to first attempt to resolve the dispute through good-faith negotiation. If negotiation fails, the Parties agree to submit the dispute to voluntary mediation or arbitration in [City, North Carolina], in accordance with North Carolina law. The prevailing party shall be entitled to recover reasonable attorney's fees and costs.
19. Intellectual Property and Confidentiality
The Service Provider retains all intellectual property rights in its proprietary cleaning methods and materials. Both Parties agree to protect the confidentiality of any business or personal information encountered during the performance of this Contract, both during and after the term of this Contract, as governed by North Carolina’s Trade Secrets Protection Act where necessary.
20. Liability Limitations
The Service Provider’s liability under this Contract is limited to the amount of the contract value or the Service Provider’s insurance policy limits, whichever is lower. The Service Provider is not liable for consequential damages, where enforceable under North Carolina law. This clause does not apply for "consumer" clients, whose statutory remedies are preserved.
21. Force Majeure
Neither Party shall be liable for any failure to perform its obligations under this Contract due to any cause beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, fire, flood, hurricanes, ice storms, or other natural disasters, epidemics, pandemics, or governmental regulations or orders. In the event of a force majeure event, the affected Party shall promptly notify the other Party and shall use commercially reasonable efforts to resume performance as soon as practicable.
22. Records Retention and Audit Rights
This section applies only if Client is a government entity or institutional contract. The Service Provider will maintain accurate records relating to the services provided under this Contract for a period of [Number] years and shall allow the Client or its authorized representatives to audit such records upon reasonable notice.
23. Assignment
The Service Provider may not assign this Contract without the prior written consent of the Client, which consent shall not be unreasonably withheld.
24. Entire Agreement
This Contract constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
25. Amendment
Any amendment to this Contract must be in writing and signed by both Parties.
26. Severability
If any provision of this Contract is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
27. Waiver
No waiver of any provision of this Contract shall be effective unless in writing and signed by the Party against whom the waiver is sought to be enforced.
28. Notice
All notices required or permitted under this Contract shall be in writing and shall be deemed to have been duly given when delivered personally or sent by certified mail, return receipt requested, to the addresses set forth above.
IN WITNESS WHEREOF, the Parties have executed this Contract as of the date first written above.
[Cleaning Service Company Name]
By: [Service Provider Name]
Title: [Service Provider Title]
[Client Name]
By: [Client Name]
Title: [Client Title (if applicable)]
Exhibit A: Detailed Cleaning Schedule (Attach Document)
Exhibit B: Rate Schedule (Attach Document)