Lay-Away Cleaning Services™ Plan Terms and Conditions

Terms & Conditions

This Lay-Away Cleaning Services™ Plan Terms and Conditions is for services described for the site location as noted in the Estimate.

Our Lay-Away Cleaning Services™ Plan is a Twelve (12) equal monthly payments plan for one (1) year based on the selected cleaning services that will be performed on the selected frequency of performance, Annual(Option 1) or Bi-Annual(Option 2). All the selected services as selected by the Customer are listed on an Estimate that has the authorized signature of the Customer to be performed as pre-scheduled.

The exception is the Stain/Spot removal service in the Lay-Away Cleaning Services Plan that can either be performed on the preset schedule (Annual(Option 1) or Bi-Annual(Option 2)), or we can schedule the service separate to the preset schedule as noted in the Stain/Spot Removal service description.

Listed below are the details of the available frequency of performance options available;

Option 1

“ANNUAL CLEANING MONTHLY PAYMENTS PLAN”, is a once per year Lay-Away Cleaning Services™ Plan with 12 equal monthly payments for the selected cleaning services listed on the Estimate to be performed one month after the 12th payment due date(Preselected Date) or within a plus or minus 2-week window of the Preselected Date and time as mutually agreed upon provided the Lay-Away Cleaning Services™ Plan account is in good standing and payments are current. If there are any remaining past due balances on the Lay-Away Cleaning Services™ Plan account, Customer shall make the account current prior to service dates and times, or Ohana Chem Dry reserves the right to make other payment arrangements prior to any cleaning services performed. Ohana Chem Dry reserves the right to modify the services agreed to as mutually beneficial and to credit or debit the owed balance. Any changes to services are to be based on Ohana Chem Dry’s most currently published services price list. Any balances owed are to be paid at the time of adjustment dependent on which party, Customer or Ohana Chem Dry, owes the balance and the Cancellation Terms may apply.

Option 2

“BI-ANNUAL CLEANING MONTHLY PAYMENTS PLAN” is a twice per year Lay-Away Cleaning Services™ Plan with 12 equal monthly payments for the selected cleaning services listed on the Estimate to be performed one month after the 6th and 12th payment due dates (Preselected Dates) or within a plus or minus 2-week window of the Preselected Date(s) and time as mutually agreed upon provided the Lay-Away Cleaning Services™ Plan account is in good standing and payments are current. If there are any remaining past due balances on the Lay-Away Cleaning Services™ Plan account, Customer shall make the account current prior to service dates and times, or Ohana Chem Dry reserves the right to make other payment arrangements prior to any cleaning services performed. Ohana Chem Dry reserves the right to modify the services agreed to as mutually beneficial and to credit or debit the owed balance. Any changes to services are to be based on Ohana Chem Dry’s most currently published services price list. Any balances owed are to be paid at the time of adjustment dependent on which party, Customer or Ohana Chem Dry, owes the balance and the Cancellation Terms may apply.

Email and Text Notices

By signing the Estimate with the selected services and for the Lay-Away Cleaning Services™ Plan terms, Customer agrees to the receiving of emails and texts from Ohana Chem Dry regarding the Lay-Away Cleaning Services™ Plan account while the plan is in effect and acknowledge this may include specials and marketing content in addition to information related to the Lay-Away Cleaning Services™ Plan.

Additional Services

Customer fully understands that any other services provided that are not part of the Lay-Away Cleaning Services™ Plan as selected will be separately itemized in a separate Ohana Chem Dry Work Order and payment to be for the full amount that shall become due upon completion of those additional services in accordance with our normal terms and conditions.

Customer will also get a matching Lay-Away Cleaning Services™ Terms and Conditions discount, if any has been agreed to, on any additional services requested that are not part of the Lay-Away Cleaning Services™ Plan. Customer further understands as a normal part of our terms and conditions that we have a minimum charge for services to be provided and will be charged if the requested work is less than the minimum charge unless the service will be performed during the Preselected Date of the Lay-Away Cleaning Services™ Plan date.

Depending on the Ohana Chem Dry schedule and the time needed to perform the additional services, Ohana Chem Dry may need to schedule a separate date and time for the additional service, and it is recommended to consult our Technician and Ohana Chem Dry main office to make the arrangements as mutually beneficial to both parties.

Services Warranty

All services come with a 30-day limited warranty. Our Pet Urine Removal Treatment (PURT) services is not covered by our 30-day warranty if the source of the urine remains on the site premises where the service has been performed. The Customer must notify Ohana Chem Dry within 48 hours of any issues discovered with the services provided by calling our toll free number (877) 385-4499 or email us at [email protected] and Ohana Chem Dry, at its sole discretion, will resolve the issues as it see fits to accepted Ohana Chem Dry and Chem-Dry training standards and specifications within 30 days. Any issue(s) that may be discovered during work performance will be noted by the Ohana Chem Dry Technician and Customer notified of the issue(s) at the time of discovery. Customer is required to be available by any communicable means, cell phone or in person, as agreed upon by Customer and Ohana Chem Dry Technician should there be any issue(s).

Lay-Away Cleaning Services™ Plan CANCELLATION

WE CHARGE A CANCELLATION FEE OF $100.00 OR 20% OF THE TOTAL AMOUNT OF THE ESTIMATE TOTAL USED TO DETERMINE THE MONTHLY PAYMENTS, WHICHEVER IS GREATEST, AS LIQUIDATED DAMAGES. IF YOU HAVE PAID MORE THAN THE CALCULATED CANCELLATION FEE, YOUR CREDIT CARD ON FILE WILL BE CREDITED THE DIFFERENCE IN ACCORDANCE WITH THE TERMS OF THE CREDIT CARD PROCESSER’S TERMS OF REIMBURSMENT AND WE WILL CLOSE YOUR LAY-AWAY CLEANING SERVICES™ PLAN ACCOUNT. IF THERE IS AN ADDITIONAL AMOUNT OWED BY YOU, YOU AGREE WE WILL PROCCESS YOUR CREDIT CARD ON FILE THE FULL ADDITIONAL BALANCE AMOUNT OWED PER OUR LAY-AWAY CLEANING SERVICES™ PLAN TERMS AND CONDITIONS, CANCELLATION TERMS AND CLOSE YOUR LAY-AWAY CLEANING SERVICES™ PLAN ACCOUNT. CUSTOMER IS TO CONTACT OHANA CHEM DRY EITHER BY CALLING TOLL FREE (877) 385-4499 OR BY EMAIL AT [email protected] TO CANCEL THEIR PLAN.

Arbitration

Any and all claims, controversies or disputes arising out of or relating to this Lay-Away Cleaning Services™ Plan, Lay-Away Cleaning Services™ Plan Estimate and the Lay-Away Cleaning Services™ Plan Terms and Conditions, or the breach thereof, which remain unresolved after direct negotiations between the parties, shall first be submitted to confidential Mediation in accordance with the Rules, Procedures, and Protocols for Mediation of Disputes of Dispute Prevention & Resolution, Inc., then in effect. If any issues, claims or disputes remain unresolved after mediation concludes, the parties agree to submit any such issues to binding arbitration before one/three arbitrator(s) in accordance with the Rules, Procedures, and Protocols for Arbitration of Disputes of Dispute Prevention & Resolution, Inc., then in effect. The parties further agree that the award of the arbitrator(s) is binding upon the parties and that judgment upon the award rendered may be entered in any court of competent jurisdiction.

Governing Law

These Lay-Away Cleaning Services™ Plan, Lay-Away Cleaning Services™ Plan Estimate, and the Lay-Away Cleaning Services™ Plan Terms and Conditions shall be interpreted by State of Hawaii laws and adjudicated in the State of Hawaii, Honolulu County court jurisdictions. In the event any section, subsection, provision or clause of these Lay-Away Cleaning Services™ Plan, Lay-Away Cleaning Services™ Plan Estimate and the Lay-Away Cleaning Services™ Plan Terms and Conditions or any combination thereof is found to be unenforceable by law, those findings shall not, in any way, affect any other part of this Lay-Away Cleaning Services™ Plan, Lay-Away Cleaning Services™ Plan Estimate and the Lay-Away Cleaning Services™ Plan Terms and Conditions which shall continue in full force and effect.

Customer Authority

Customer represents he/she is authorized to sign the Estimate which is also inclusive of the Lay-Away Cleaning Services™ Plan and the Lay-Away Cleaning Services™ Plan Terms and Conditions. Customer has selected either Option 1 or Option 2 of the Lay-Away Cleaning Services™ Plan on the Estimate and authorizes Ohana Chem Dry to do monthly debits from Customer’s credit card on file on the preselected day of every month for 12 months starting on a preselected month, day and year for the monthly amount which is calculated based on the total of the selected services and any taxes and discounts applied per month and services to be provided on the preselected date (Option 1) or dates ( Option 2).

NOTE: Service dates that fall on Sundays or Major Holidays will be placed on the next available date in accordance with the selected plan terms and conditions as given in “Option 1” or “Option 2” of this Lay-Away Cleaning Services™ Plan and Estimate. Customer fully understands the Lay-Away Cleaning Services™ Plan Terms and Conditions and Estimate.

Lay-Away Cleaning Services™ Plan Customer Service

Customer should contact Ohana Chem Dry either by calling our toll free phone, (877) 385-4499 or email at [email protected] with any concerns or questions pertaining to the Lay-Away Cleaning Services™ Plan and Estimate as well as any warranty claim.

Third Parties and Privacy

We use third party providers to manage, facilitate and maintain our customers’ information and governed by our third-party providers Terms and Conditions and Privacy Policies. If, by using a link from our site, you access the website or services of a third party then the protection of your information relating to their services will be governed by their Terms and Conditions and Privacy Policy of the third party.

We do not share your information with anyone outside our contracted third parties and we will never call you to seek any information that is not pertinent to the work we do or the administering of your account with us. We will never ask for your Social Security Number in whole or part. Your credit card(s), address, email(s), mobile phone number(s) etc. information is saved within our third party-provider Customer Management System (CMS) and our authorized staff can only see the expiration date and the last four (4) digits of your retained credit card information in your account when we recall it. Our CMS uses a third-party provider to maintain your retained credit information and is governed by their Privacy Policy, Terms and Conditions.

Force Majeure

In no event shall either Ohana Chem Dry and Customer (Party) be liable, or be deemed to have breached this Lay-Away Cleaning Services™ Plan and Estimate (Agreement), for any failure or delay in performing its obligations under this Agreement (except for any obligations to make payments), if and to the extent such failure or delay is caused by any circumstances beyond such Party’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, epidemic or other illness, explosion, war, terrorism, invasion, riot or other civil unrest, power or internet outages, cyber-attacks, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.

Plan Renewal

The Lay-Away Cleaning Services™ Plan and Estimate DO NOT RENEW AUTOMATICALLY and Customer will be given the option to renew on the last preselected time of service. A Customer may have more than one Lay-Away Cleaning Services™ Plan and Estimate for specific purposes such as a Lay-Away Cleaning Services Plan for carpets and a separate Lay-Away Cleaning Services Plan for upholstery. Ohana Chem Dry’s Lay-Away Cleaning Services™ Plan is available for all the services we perform which include Carpet, Area Rugs (cleaned on-site), Upholstery cleaning, Tile and Grout clean and seal, Stone clean and seal, Granite Renewal, LVP and LVT cleaning. Consult with your Ohana Chem Dry Technician regarding our services that would be of benefit to you and the pros and cons.

Customer Testimonials

“I’d give him ten stars if they allowed. A real first for HI he actually shows up on time. Every time! Very through and very knowledgeable. And the price was reasonable. Would highly recommend Ohana Chem Dry. The professionalism, compassion and care we received from Frank was like no other. We will forever use this company! Thank you SO much!!!!!”