Terms and conditions
Last updated: Oct 1, 2021
TERMS AND CONDITIONS OF SERVICE
1. The Client hereby agrees to engage the Contractor to provide the Client with the cleaning services as fully detailed and described in Schedule A of this agreement along with disclaimers subject to compliance with and acceptance of the terms and conditions set forth below. Please read the following provisions carefully. Use of Pope’s service indicates agreement to be bound by the terms and conditions contained herein. If you do not so agree, you should inform us and cease using the service immediately.
2. This agreement is strictly between Pope’s and its customers and does not in any way constitute or imply any relationship with any other parties
3. The venue for delivery of the Services is within the Tampa, St. Petersburg and Clearwater area.
4. The time for delivery of the Services 3 days.
5. The Services will also include any other cleaning tasks, which the Parties may agree on.
6. The Contractor hereby agrees to provide such Services to the Client.
TERM OF AGREEMENT
7. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the Parties.
PERFORMANCE
8. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
9. The Contractor will charge the Client a fee for services as stated in Schedule B (the “Compensation”).
11. The client will be invoiced once the services are complete.
12. In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Contractor will be entitled to pro rate compensation so the date of termination.
13. The Compensation as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the client in addition to the compensation.
PICK UP AND DELIVERY, PROCEDURE AND TERMS:
14. The Contractor will be responsible for the pick-up and delivery arrangements for the shoes will provide the client with identifications and cards.
15. Pope’s is not responsible for, and shall not pay for, any loss, damage or theft of items left unattended by the customer for pickup or delivery. The customer is responsible for nsuring that his/her Shoe is in the possession of Pope’s or Pope’s employees, and for initiating the pickup and delivery confirmation unless otherwise instructed by Pope’s.
DELIVERY SCHEDULE:
16. Shoe pickup and delivery must be scheduled in advance by the customer. Pickup and delivery will take place each week on Mondays through Saturdays except on certain holidays determined by Pope’s in its sole discretion. Pope’s reserves the right to determine the pickup and delivery times in its sole discretion and reserves the right to reschedule pickup and delivery times upon prior notice to the customer. Delive1y will take place at least 72 hours but no more than three (5) business days after the time of pickup.
CONFIDENTIALITY
17. Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
18. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. The Contractor further agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any personal information of the Client, without the prior written consent of the Client. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
CAPACITY/INDEPENDENT CONTRACTOR
19. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee.
20. Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.
EQUIPMENT
21. Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor’s own expense, any and all equipment, accessories, chemicals, solvents, cleaning fluids, workwear and any other supplies necessary to deliver the Services in accordance with the Agreement.
ENTIRE AGREEMENT
22. Agreement and the attachment to this Agreement together constitute the entire agreement and understanding by and between the Principal and the Independent Contractor with respect to the employment herein referred to, and no representations, promises, agreements or understandings, written or oral, not herein contained shall be of any force and effect. No change or modification hereof shall be valid or binding unless the same is in writing and signed by the party intended to be bound.
GOVERNING LAW
23. This Agreement will be governed by and construed in accordance with the laws of the State of Florida. Venue shall be located in Hillsborough County, Florida.
MISCELLANEOUS
24. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
25. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
26. This agreement may be executed in two or more counterparts, each of which shall be deem an original, but all of which together shall constitute one and the same.
27. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
28. In the event any action or proceeding is brought by either Party against the other, the prevailing Party shall be entitled to recover costs and expenses and reasonable attorneys’ fees in connection with or arising from such action or proceedings, including, without limitation, court costs, charges for expert witnesses, accountants, travel expenses, lodging, costs of collection and all other associated costs incurred through all trial, administrative and post-judgment proceedings, and may be collected and taxed as costs.
SHOE CARE
29. Pope’s will use reasonable efforts to maintain a high-quality cleaning, shining, and shoe care service. Pope’s accepts no liability for damage caused to shoes before pick up or after delive1y at the specified drop-off location Pope’s will use their best effort to best match the hue of polish to its corresponding shoes and accepts no liability for slight and natural coloration changes to the leather during the shining process. Pope’s reserves the right to refuse to clean any pair of shoes. Pope’s does not guarantee the removal of all stains, scuffs, or imperfections. Pope’s is not responsible for loss of or damage to any personal or non-cleanable items left in the shoes or bags such as money, jewelry, or any other item. The customer agrees not to leave such items in its shoes or in its bags.
LOSS OR DAMAGE
30. Client understands that the shoes may result damage by the cleaning solutions or chemicals employed during the cleaning process and or removal of obstinate stains. Pope’s shall not be liable for any damages resulting from these cleaning processes.
31. In the rare instance that your shoes are lost or damaged by Pope’s, we will issue you a refund or credit for the value of that pair, taking into account the average life of the pair of shoes, depreciation for the age of the item, and the current replacement cost. If thecustomer is unable to document the age of a garment, the customer can attest to the age but Pope’s, in its sole discretion, may limit the minimum age of any garment to one year. If no current replacement cost is available (e.g., because the item is no longer available in stores), Pope’s may use the replacement cost of a comparable item currently available. Notwithstanding the foregoing, the maximum reimbursement for each individual item is $250.00.
32. Pope’s is not liable for any preexisting damage to shoes. If we find any preexisting damage or have a concern about the colorfastness, or the age or weakness of the material, we will contact you to obtain your approval before proceeding to care for the item. If we are unable to obtain your authorization in a timely manner, then we may return the item without cleaning it.
33. Missing or damaged items must be repo1ted to us within three (3) days of delivery of the item(s). If you believe that Pope’s is in possession of an item, but we have no record of its pickup, we request that you inform us immediately so we can start an investigation and you can search at home. If, after seven (7) days, the item has not been found, we may compensate you for the loss of the item.
34. Pope’s does not guarantee 100% removal of stains on footwear and accessories.
35. Pope’s does not remove scratches on footwear or accessories.
36. Pope’s is not responsible for the color change/faded when washing shoes and accessories that are too old or that have not been washed for a long time
37. Pope’s does not clean footwear or accessories with any sentimental value to owner and if we clean it, we do not accept claims for any change in color or texture of such
38. If the client requires a special service with specific products or different from those used by Pope’s, he/she must specify it in writing, in the comments box at the time of ordering, othe1wise we will provide the service indicated in the order.
39. Pope’s does not repair any type of footwear or accessories
40. Pope’s is not responsible for lost/stolen footwear or accessories before pick up service offered by Pope’s and after delive1y/drop off the footwear or accesso1y left at your doorstep by Pope’s.
41. As a release of responsibility, a photo will be sent to the client at the time of collection and another photo at the time of delive1y at the door of your house. The item will be insured from the moment it is picked up by Pope’s until the moment it is left at the door of your home or at the place specified by the client.