Effective Date: January 2025

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LEGAL NOTICE: 

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These Terms and Conditions (“Terms”) constitute a legally binding agreement between The Clutterless Company, LLC (“Company”) and any individual or entity (“Client”) utilizing Company services. Accessing the website, requesting an invoice, or remitting payment constitutes irrevocable acceptance of these Terms.

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1. THE "PAID-TO-CONFIRM" REQUIREMENT

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• 1.1 Payment as Condition Precedent: The Company’s obligation to perform services, reserve dates, or allocate resources is expressly contingent upon the receipt of a signed and returned service agreement and cleared funds in full.

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• 1.2 Competitive Scheduling: The Company operates on a first-come, first-served basis. The issuance of an invoice does not guarantee a calendar hold. If a third party satisfies a competing invoice for the same time slot before the Client, the Company reserves the right to void the Client’s invoice and release the slot without liability.

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• 1.3 Expiration of Quotes: Unless otherwise specified in writing, all invoices and service quotes expire twenty-four (24) hours after issuance.

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2. SUPPLEMENTAL BILLING & SCOPE ADJUSTMENTS

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• 2.1 Real-Time Scope Expansion: If the Scope of Work (SOW) expands or additional hours are requested during performance, a Supplemental Invoice will be issued. Payment is due immediately upon request and prior to the continuation of work.

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• 2.2 Right of Cessation: Company reserves the absolute right to suspend all operations immediately if any Supplemental Invoice remains unpaid.

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• 2.3 Late-Hour & Incidental Premiums: After-Hours Rate: Any work performed after 8:00 PM Local Time shall be billed at the Company’s Premium Rate (1.5x Standard Rate).

  • Pass-Through Costs: Client is 100% responsible for incidentals (parking, tolls, congestion charges, etc.). These are due upon receipt of a supplemental invoice.

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• 2.4 Procurement: Materials purchased on the Client’s behalf are subject to a 20% non-refundable Administrative Sourcing Fee. Title to materials passes to the Client only upon 100% payment of the materials invoice.

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3. DISPUTE RESOLUTION & CHARGEBACKS

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• 3.1 Account Stated: Client has forty-eight (48) hours from invoice issuance to dispute any charge. After 48 hours, the invoice is deemed an "Account Stated," representing an absolute and undisputed debt.

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• 3.2 Chargeback Waiver: Client expressly waives the right to initiate credit card chargebacks.

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• 3.3 Recovery Costs: Any unauthorized chargeback attempt shall subject the Client to a $500.00 Administrative Recovery Fee, plus all legal fees and collection costs incurred by the Company.

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4. LIMITATION OF LIABILITY

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• 4.1 Liability Cap: The Company’s total aggregate liability for any claim shall not exceed the actual amount paid by the Client for the specific session in dispute.

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• 4.2 Exclusion of Damages: The Company is not liable for indirect, incidental, or consequential damages, including but not limited to "lost time" or "emotional distress."

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5. AUTHORIZATION & RECOVERY

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• 5.1 Card on File: By providing payment information, Client authorizes the Company to charge the payment method on file for any future supplemental time, materials, or forfeiture fees.

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• 5.2 Failed Transactions: A $50.00 Reprocessing Fee applies to each declined transaction or NSF event.

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6. GOVERNING LAW

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• This Agreement is governed by the laws of the state in which the services are primarily rendered. In the event of a dispute, the parties agree to submit to the jurisdiction of the courts in New York. 

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7. ADJUDICATION OF PAYMENT DISPUTES & CHARGEBACK ABATEMENT

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7.1 IRREVOCABLE WAIVER OF CHARGEBACK RIGHTS: Client acknowledges that Company incurs immediate costs (administrative, opportunity, and mobilization) upon the booking of a session. Consequently, Client expressly agrees that any payment remitted is a "fully earned retainer" and not a deposit for future services. Client irrevocably waives any right to dispute a charge with their credit card issuer ("Chargeback") for any reason, including, but not limited to, "Service Not Rendered" or "Service Not as Described," provided the Company was available to perform at the scheduled time.

 

7.2 MANDATORY ARBITRATION BEFORE DISPUTE: As a condition precedent to initiating any external payment dispute, Client must provide Company with a "Notice of Dissatisfaction" via certified mail within forty-eight (48) hours of the service date. Client agrees that failure to provide this notice constitutes a legal admission that the services were performed to the Client's absolute satisfaction.

 

7.3 DOCUMENTARY EVIDENCE OF ACCEPTANCE: Client agrees that any of the following shall constitute conclusive evidence of service delivery and shall be sufficient to summarily defeat any Chargeback attempt:

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• (a) A timestamped photo of the completed work;

• (b) A signed "Work Order" or "Completion Certificate" (digital or physical);

• (c) Correspondence (Email/SMS) from the Client acknowledging the Company’s presence on-site.

 

7.4 PUNITIVE RECOVERY & INDEMNIFICATION: In the event the Client initiates a Chargeback in violation of Section 8.1, and the Company prevails in the dispute, Client shall be liable for Liquidated Damages in the amount of $1,000.00 plus all merchant "chargeback fees," attorney's fees, and administrative labor costs at a rate of $150/hr spent defending the reversal. This amount is immediately due and may be charged to the card on file.

 

7.5 ESTOPPEL: remitting payment via credit card, Client is "equitably estopped" from claiming they did not receive the service, as the payment itself served as the trigger for Company to decline other revenue-generating opportunities for that specific time slot.

 

8. KNOWING AND VOLUNTARY CONSENT; WAIVER OF JURY TRIAL.

 

The parties agree that this Agreement is the result of "arm's length" negotiation. Client acknowledges they have had the opportunity to consult with legal counsel before agreeing to these Terms. CLIENT HEREBY IRREVOCABLY WAIVES THE RIGHT TO A JURY TRIAL in any dispute arising out of or relating to this Agreement, and agrees that any litigation shall be conducted solely in a bench trial or through binding arbitration.

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