South Dakota cleaning service contract template

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How South Dakota cleaning service contract Differ from Other States

  1. South Dakota contracts often reference specific state insurance and licensing laws, ensuring compliance with local business regulations.

  2. Unlike some states, South Dakota frequently includes explicit language about worker classification to address state wage and labor laws.

  3. Contracts in South Dakota commonly stipulate service termination processes in accordance with state-specific consumer protection statutes.

Frequently Asked Questions (FAQ)

  • Q: Is a written cleaning service contract legally required in South Dakota?

    A: While not always required, a written contract is highly recommended to protect both parties and clarify obligations.

  • Q: Do I need a business license to provide cleaning services in South Dakota?

    A: Yes, cleaning service providers typically need a state business license and should comply with relevant local ordinances.

  • Q: Can I include liability waivers in a South Dakota cleaning service contract?

    A: Yes, you can include liability waivers, but they must comply with South Dakota law and should be clearly written.

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South Dakota Cleaning Service Agreement

This Cleaning Service Agreement (the "Agreement") is made and entered into as of this [Date of Agreement] by and between:

  • [Cleaning Company Name], a [Business Entity Type, e.g., LLC] with its principal place of business at [Cleaning Company Address], hereinafter referred to as "Service Provider," and,
  • [Client Name], residing at [Client Address], hereinafter referred to as "Client."

1. Service Provider Information

  • Legal Name: [Cleaning Company Legal Name]
  • Business Address: [Cleaning Company Business Address]
  • Contact Number: [Cleaning Company Phone Number]
  • Email: [Cleaning Company Email Address]
  • Business License Number (if applicable): [Cleaning Company License Number]
  • Proof of Registration: [Document Details, e.g., Secretary of State Filing]

2. Client Information

  • Legal Name: [Client Legal Name]
  • Service Address: [Client Service Address]
  • Contact Number: [Client Phone Number]
  • Email: [Client Email Address]

3. Scope of Cleaning Services

  • Option A: Full Service: The Service Provider shall perform the following cleaning services at the Service Address:
    • Floors: Vacuuming, mopping of all accessible floors.
    • Bathrooms: Cleaning and sanitizing toilets, showers, sinks, mirrors, and floors.
    • Kitchen: Cleaning countertops, sinks, stovetop, microwave (interior and exterior), and exterior of appliances.
    • Windows: Cleaning interior windows.
    • Carpet: Vacuuming of all carpeted areas.
    • Trash Removal: Emptying all trash receptacles and replacing liners.
  • Option B: Customized Services: The Service Provider shall perform only the following cleaning services at the Service Address (specify in detail):
    • [Specific Service 1]
    • [Specific Service 2]
    • [Specific Service 3]
  • Frequency:
    • Option A: Daily
    • Option B: Weekly, on [Day of Week]
    • Option C: Bi-Weekly, on [Day of Week]
    • Option D: Monthly, on the [Day of the Month]
    • Option E: Single Occurrence
  • Service Time: [Start Time] to [End Time], estimated duration [Number] hours.

4. Cleaning Standards and Compliance

  • Option A: General Standard: The Service Provider will perform all services in a professional manner, consistent with generally accepted cleaning industry standards in South Dakota.
  • Option B: Specific Standards: The Service Provider will adhere to the following specific standards:
    • [Specific Standard 1, e.g., CDC disinfection guidelines]
    • [Specific Standard 2, e.g., OSHA safety regulations]
    • [Specific Standard 3, e.g., Sanitation requirements as set forth by the SD Department of Health]

5. Cleaning Products and Equipment

  • Option A: Provider Supplies: The Service Provider shall supply all necessary cleaning products, materials, and equipment.
    • The service provider will adhere to all SD Department of Environment and Natural Resources regulations.
  • Option B: Client Supplies: The Client shall supply all necessary cleaning products, materials, and equipment. A detailed list of required items will be provided to the Client.
  • Option C: Combination: The Service Provider shall supply [List of Items], and the Client shall supply [List of Items].
  • Eco-Friendly/Hypoallergenic Products:
    • Option A: Required. All products used must be eco-friendly and/or hypoallergenic.
    • Option B: Not Required.

6. Access to Property

  • The Client shall provide the Service Provider with access to the Service Address via:
    • Option A: Key provided to Service Provider.
    • Option B: Security code: [Security Code].
    • Option C: Client will be present at the Service Address during service.

7. Staff Requirements

  • Option A: General Staffing: The Service Provider will provide trained and qualified personnel to perform the cleaning services.
  • Option B: Specific Requirements:
    • Background Checks: All staff will undergo background checks in compliance with South Dakota law.
    • Uniform/Code of Conduct: All staff will adhere to a professional dress code and code of conduct.
    • Supervision: A supervisor will be on-site or available for contact.
    • Insurance: The Service Provider maintains commercial general liability and workers' compensation insurance in compliance with South Dakota Codified Laws.

8. Service Limitations and Exclusions

  • The following services are specifically excluded from this Agreement:
    • Appliance repair.
    • Hazardous waste removal.
    • Maintenance services (e.g., plumbing, electrical).
    • Pest control.
    • Cleaning services in rooms with conditions dangerous to the cleaning personnel.
    • Services will not be rendered if the service address is deemed unsafe by the service provider for any reason.

9. Pricing and Payment Terms

  • Option A: Flat Fee: The total fee for services is [Dollar Amount] per [Frequency, e.g., cleaning].
  • Option B: Hourly Rate: The hourly rate is [Dollar Amount] per hour.
  • Option C: Per Square Foot/Room: The fee is [Dollar Amount] per square foot or [Dollar Amount] per room.
  • Additional Charges: Additional charges may apply for special requests.
  • Sales Tax: South Dakota sales tax will be added to the total fee.
  • Payment Method:
    • Option A: Check
    • Option B: ACH Transfer
    • Option C: Credit Card
  • Invoice Frequency: [Weekly, Bi-Weekly, Monthly]
  • Payment Due Date: [Number] days from the invoice date.
  • Late Payment Penalty: A late payment penalty of [Percentage]% per month will be assessed on overdue balances. Unpaid balances will be handled in accordance with South Dakota law.
  • Cancellation Fee: A cancellation fee of [Dollar Amount] will be charged for cancellations made less than [Number] hours before the scheduled service.

10. Scope Changes and Amendments

  • Any changes to the scope of services must be agreed upon in writing by both parties.
  • All amendments to this Agreement must be in writing and signed by both parties.
  • Notice Period for Schedule Changes: [Number] hours' notice is required for altering or canceling scheduled appointments.

11. Inspections and Complaints

  • Option A: Initial Walkthrough: An initial walkthrough will be conducted prior to the first service.
  • Option B: Periodic Inspections: Periodic inspections may be conducted to ensure quality.
  • Complaint Escalation: Any complaints must be submitted in writing within [Number] days of the service date. The Service Provider will investigate and respond within [Number] days. The service provider will perform a re-service within [Number] days if necessary.

12. Confidentiality and Data Protection

  • The Service Provider agrees to keep all Client information confidential.
  • The Service Provider will safeguard keys and property access credentials.
  • The service provider will keep records as required by local codes.

13. Client Responsibilities

  • The Client shall provide access to the Service Address.
  • The Client shall provide a clear workspace by removing clutter.
  • The Client shall move fragile or valuable items prior to service.
  • The Client shall control pets during service.
  • The Client shall provide special directions as needed.
  • The Client shall comply with any building rules or HOA requirements.

14. Risk Allocation and Liability

  • The Service Provider is not liable for pre-existing damages, normal wear and tear, or unsafe conditions.
  • Indemnification: [Indemnification Clause Language, specific to South Dakota law].
  • Limitation of Liability: [Limitation of Liability Clause Language, specific to South Dakota law].

15. Insurance

  • The Service Provider maintains commercial general liability insurance with a minimum coverage of [Dollar Amount].
  • The Service Provider maintains workers' compensation insurance as required by South Dakota law.
  • The Service Provider will provide Certificates of Insurance upon request.

16. Force Majeure

  • Neither party shall be liable for any failure to perform its obligations under this Agreement due to force majeure events, including severe weather, natural disasters, or COVID-19 disruptions.
  • The affected party shall provide notice to the other party as soon as reasonably practicable.
  • Services will be suspended and rescheduled as soon as reasonably possible.

17. Termination

  • This Agreement may be terminated immediately by either party for material breach or unsafe site conditions.
  • Either party may terminate this Agreement without cause by providing [Number] days written notice.
  • Upon termination, the Service Provider will return all keys and property access credentials.
  • Final walkthrough will be conducted upon request.

18. Dispute Resolution

  • Any disputes arising out of or relating to this Agreement shall be resolved through good faith negotiation.
  • If negotiation fails, the parties agree to attempt mediation with a South Dakota mediator.
  • If mediation fails, the parties may pursue arbitration or litigation in [County Name] County, South Dakota, applying South Dakota law.
  • Venue: [County Name] County, South Dakota.

19. Compliance with Laws

  • The Service Provider shall comply with all relevant state, county, and municipal laws, including South Dakota consumer protection and fair business practice statutes.

20. Assignment and Subcontracting

  • The Service Provider may not assign or subcontract this Agreement without the Client's written consent.
  • All subcontractors must meet the same standards as the Service Provider's employees.

21. Severability

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

22. Entire Agreement

  • This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

23. Amendment

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

24. Signatures

  • [Cleaning Company Representative Name]
    • Title: [Cleaning Company Representative Title]
    • Signature: ____________________________
    • Date: ____________________________
  • [Client Name]
    • Title: [Client Title]
    • Signature: ____________________________
    • Date: ____________________________

25. Record Retention

  • All records related to this Agreement shall be retained for a period of [Number] years.

26. Notice of Right to Cancel (For Residential Services, if applicable)

  • Client has the right to cancel this agreement within three business days of signing it. Cancellation must be in writing and delivered to the service provider's business address.

27. Emergency Contact Information

  • Client Emergency Contact: [Name and Phone Number]
  • Provider Emergency Contact: [Name and Phone Number]

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