North Dakota cleaning service contract template

North Dakota Cleaning Service Contract

This North Dakota Cleaning Service Contract (the “Agreement”) is made and entered into as of [Date], by and between:

• [Cleaning Service Provider Legal Name], a [Legal Entity Type, e.g., Limited Liability Company] with a principal place of business at [Cleaning Service Provider Address], phone number [Cleaning Service Provider Phone Number], email address [Cleaning Service Provider Email], and North Dakota business license number [Cleaning Service Provider Business License Number] (the "Service Provider"),
• and
• [Client Legal Name], residing at [Client Address], phone number [Client Phone Number], email address [Client Email] (the "Client").

WHEREAS, the Client desires to engage the Service Provider to provide cleaning services at the property located at [Property Address], and the Service Provider desires to provide such services, subject to the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. Scope of Services

• Option A: Residential Cleaning Services
  • The Service Provider shall provide the following residential cleaning services: [Detailed List of Cleaning Tasks, Room Coverage, e.g., Dusting all surfaces, vacuuming carpets, mopping floors, cleaning bathrooms (toilets, showers, sinks), kitchen cleaning (countertops, stovetop, microwave), emptying trash receptacles].
• Option B: Commercial Cleaning Services
  • The Service Provider shall provide the following commercial cleaning services: [Detailed List of Cleaning Tasks, Area Coverage, e.g., Office cleaning (desk surfaces, common areas), restroom sanitation, floor cleaning, trash removal, window washing].
• Option C: Specialized Cleaning Services
  • The Service Provider shall provide the following specialized cleaning services: [Description of Specialized Services, e.g., Deep cleaning, carpet cleaning, floor waxing, window washing, move-in/move-out cleaning, sanitation/disinfection services].
  • The Service Provider will use the following cleaning supplies and equipment: [List of Supplies and Equipment, specifying who provides them and any brand/specification requirements, e.g., Service Provider provides all cleaning supplies. Client requires use of only eco-friendly cleaning products. OSHA-compliant disinfectants will be used.]

2. Service Schedule

• Option A: Scheduled Cleaning
  • The Service Provider shall provide services [Frequency, e.g., weekly, bi-weekly, monthly] on [Day of the Week] between the hours of [Start Time] and [End Time], commencing on [Start Date] and ending on [End Date].
• Option B: On-Call Cleaning
  • The Service Provider shall provide services on an as-needed basis, as requested by the Client, subject to availability. The Client shall provide at least [Number] hours' notice for scheduling.
• Policy for Schedule Changes:
  • The Client may request changes to the service schedule by providing the Service Provider with at least [Number] days' written notice. Changes are subject to the Service Provider's availability.

3. Health, Safety, and Compliance

• Adherence to Regulations: The Service Provider shall comply with all applicable North Dakota Occupational Safety and Health (NDOSH) regulations and other relevant state and federal laws.
• Staff Training and Certification: All cleaning staff shall be properly trained and, if required by North Dakota law for specific tasks, certified in relevant cleaning procedures.
  • Background Checks: The Service Provider will conduct background checks on all employees in accordance with North Dakota law.
• Hazardous Materials: The Service Provider shall use and dispose of all hazardous materials in accordance with North Dakota environmental rules and regulations.
• COVID-19 Protocols: The Service Provider shall follow all applicable COVID-19 or infectious disease protocols as mandated by North Dakota state and local health authorities, if applicable. [Specify Protocols, e.g., Use of masks, social distancing, enhanced disinfection].

4. Property Access

• Option A: Key/Code Access
  • The Client shall provide the Service Provider with a key and/or access code to the property. The Service Provider shall be responsible for the safe keeping of the key/code.
• Option B: Client Presence
  • The Client or an authorized representative will be present at the property during the provision of services.
• Protection of Property: The Service Provider shall take reasonable precautions to protect the Client's property from damage or theft.
• Lost/Damaged Items: In the event of any lost or damaged items, the Service Provider shall notify the Client within [Number] hours and take appropriate steps to resolve the issue.

5. Fees and Payment

• Option A: Flat Rate
  • The Client shall pay the Service Provider a flat rate of [Dollar Amount] per [Frequency, e.g., cleaning visit, month].
• Option B: Hourly Rate
  • The Client shall pay the Service Provider an hourly rate of [Dollar Amount] per hour.
• Option C: Per Square Footage
  • The Client shall pay the Service Provider a rate of [Dollar Amount] per square footage.
• Minimum Service Charge: The minimum service charge is [Dollar Amount].
• Overtime Rate: Overtime rate (if applicable) is [Dollar Amount] per hour for work exceeding [Number] hours per day or [Number] hours per week.
• North Dakota Sales/Use Tax: All fees are subject to applicable North Dakota sales/use tax.
• Payment Due Date: Payment is due within [Number] days of the invoice date.
• Payment Methods: The Client may pay by [Payment Methods, e.g., check, cash, credit card, electronic transfer].
• Late Payment Penalties: Late payments shall be subject to a penalty of [Percentage]% per month.
• Rate Changes: The Service Provider may increase rates upon providing the Client with at least [Number] days' written notice. The Client must accept the rate change in writing.
• Additional Expenses: Any additional expenses for supplies, emergency/on-call visits, or other out-of-scope work will be pre-approved by the Client in writing.

6. Warranties and Service Guarantees

• Completion Standards: The Service Provider warrants that all services will be performed in a professional and workmanlike manner.
• Reclean/Remedy Policy: If the Client is not satisfied with the service, the Service Provider will, at its option, either re-clean the affected area or provide a refund for the portion of the service deemed substandard.
• Inspection and Claims: The Client must inspect the services within [Number] hours of completion and notify the Service Provider of any deficiencies within [Number] hours of inspection.
• Exclusions: This warranty does not cover pre-existing conditions or damage caused by client interference.

7. Client Responsibilities

• Safe Working Conditions: The Client shall provide safe working conditions for the Service Provider, including adequate running water, electricity, and secured hazardous areas.
• Notification of Hazards: The Client shall notify the Service Provider of any known risks or hazards on the property.

8. Insurance Coverage

• The Service Provider maintains general liability insurance, workers’ compensation insurance (if required under North Dakota law), and is bonded (if applicable) in compliance with North Dakota law.
• Proof of Insurance: The Service Provider shall provide proof of insurance upon request.

9. Independent Contractor Status

The Service Provider is an independent contractor and not an employee of the Client. The Client shall not be responsible for withholding taxes, providing benefits, or any other obligations associated with employment under North Dakota and federal law. The Service Provider's personnel are not permitted to represent themselves as employees of the Client.

10. Confidential Information

• The Service Provider shall maintain the confidentiality of all Client information, including building layouts, access codes, and client lists.
• Non-Disclosure: The Service Provider shall not disclose any confidential information during or after the term of this Agreement.
• Secure Data/Key Destruction: Upon termination of this Agreement, the Service Provider shall securely destroy all data and keys related to the Client's property.

11. Term and Termination

• Term: This Agreement shall commence on [Start Date] and shall continue for a term of [Number] [Time Period, e.g., months, years].
• Option A: Automatic Renewal
  • This Agreement shall automatically renew for successive terms of [Number] [Time Period, e.g., months, years] unless either party provides written notice of termination at least [Number] days prior to the end of the current term.
• Option B: No Automatic Renewal
  • This agreement will not automatically renew.
• Termination for Convenience: Either party may terminate this Agreement for convenience by providing the other party with at least [Number] days' written notice.
• Termination for Breach: Either party may terminate this Agreement for breach if the other party fails to perform its obligations under this Agreement, including, but not limited to, nonperformance, repeated service failures, payment default, or policy violations.
• Immediate Termination: This Agreement may be terminated immediately if there is a threat to health/safety, legal noncompliance, or criminal activity on the part of the Service Provider or its employees.
• Transition and Handover: Upon termination, the Service Provider shall promptly return all Client property, including keys and access codes.

12. Liability

• The Service Provider shall be liable for injury or property damage caused by its negligence.
• Limitation of Liability: The Service Provider's liability shall be limited to [Dollar Amount]. Nothing in this clause shall limit liability for intentional misconduct, to the extent such a limitation is prohibited by North Dakota public policy.

13. Dispute Resolution

• Negotiation: The parties shall first attempt to resolve any disputes arising out of or relating to this Agreement through good-faith negotiation.
• Mediation (Optional): If negotiation fails, the parties may agree to submit the dispute to mediation in North Dakota.
• Arbitration: If mediation fails (or if the parties choose to forego mediation), any remaining dispute shall be resolved by binding arbitration in North Dakota in accordance with the rules of the American Arbitration Association.
• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota.

14. Force Majeure

• Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by a force majeure event, including, but not limited to, severe weather, blizzards, local emergencies, pandemic orders, or other acts of God that are specific to North Dakota or the region.
• Notice and Cure: The affected party shall provide prompt written notice to the other party of the force majeure event and shall use reasonable efforts to cure the event.

15. Compliance with Laws

• The Service Provider shall comply with all applicable North Dakota labor, wage, and hour laws, including minimum wage obligations, overtime rules, and anti-discrimination requirements.
• Licensing/Permits: The Service Provider shall maintain all required state, county, and municipal business licenses/permits for cleaning services in North Dakota.

16. Performance Reviews

• The Client and Service Provider shall conduct periodic performance reviews to assess service quality and address any concerns.
• Corrective Action: The Service Provider shall take corrective action within [Number] days of receiving feedback from the Client.

17. Equipment Maintenance and Storage

• The Service Provider is responsible for maintaining its own equipment.
• Storage at Client Site: If equipment is stored at the Client's site, it will be stored in [Designated Area].
• Restricted Chemicals/Procedures: The Service Provider will not use chemicals or procedures that are not allowed in North Dakota or by the Client. [List Restrictions, if any].

18. Recordkeeping

The Service Provider shall maintain accurate records of all services performed and payments received, in compliance with North Dakota tax and worker regulations.

19. Subcontracting/Assignment

• The Service Provider shall not subcontract or assign its obligations under this Agreement without the prior written consent of the Client.
• Subcontractor Compliance: If subcontracting is permitted, the Service Provider shall ensure that all subcontractors maintain adequate insurance and comply with all applicable laws.

20. Non-Solicitation

The Client agrees not to directly hire any of the Service Provider's employees for a period of [Number] [Time Period, e.g., months, years] following the termination of this Agreement (if enforceable under North Dakota law).

21. Amendments

This Agreement may be amended only by a written instrument signed by both parties.

22. Severability

If any provision of this Agreement is held to be invalid or unenforceable under North Dakota law, the remaining provisions shall remain in full force and effect.

23. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter of this Agreement.

24. Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, or sent by email to the addresses set forth above.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

____________________________

[Cleaning Service Provider Legal Name]

By: [Authorized Representative Name]

Title: [Title]

____________________________

[Client Legal Name]