TERMS OF USE

Mya Cleaning Service

A California Domestic Referral Agency

Last Updated: February 19, 2024

1. Agreement Between User and Mya Cleaning Service

Welcome to www.myacleaningservice.com (the “Site”). The Site is operated by Mya Cleaning Service (“we,” “our,” or “the Agency”), a Domestic Referral Agency operating under California Civil Code §1812.5095. By accessing or using our Site, you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, please do not use the Site.

2. Nature of Our Services

Mya Cleaning Service is a Domestic Referral Agency, not a cleaning company. We screen, register, and refer independent domestic workers to clients seeking domestic cleaning services in the Los Angeles, CA area. Our Site helps clients request referrals and manage their bookings.

It is important that all users understand the following about our business model:

2.1 For Clients (Persons Seeking Domestic Services)

Mya Cleaning Service is not the employer of the domestic worker referred to you.
Depending on your arrangement with the domestic worker, you may have employer responsibilities, including employment taxes and workers’ compensation, under state and federal law.
For additional information, contact your local Employment Development Department and the Internal Revenue Service.
You are free to negotiate directly with the domestic worker regarding the terms of the work to be performed.
The relationship between you and the domestic worker may only be terminated by you or the domestic worker — not by the Agency.

2.2 For Registered Domestic Workers

You perform domestic work without direction, control, or supervision by the Agency with respect to the manner and means of performing the work.
You are free to sign agreements with other referral agencies and to perform domestic work for persons not referred by this Agency.
You are free to select or reject any work opportunity referred by this Agency, without penalty.
You are free to renegotiate the amount to be paid for any work directly with the client.
You may inform the Agency of any restrictions on hours, location, conditions, or type of work you will accept.
This Agency does not provide training on the performance of domestic work. The Agency may offer a voluntary orientation session covering the agency relationship, administrative procedures, and the terms of the agreement between you and the Agency.
This Agency does not provide tools, supplies, or equipment necessary to perform domestic work.
You are not obligated to pay the Agency’s referral fee. The Agency is not obligated to pay you if the client fails or refuses to pay for the domestic work.
You may be required to obtain business permits or licenses as required by state or local law. You are not eligible for unemployment insurance, state disability insurance, Social Security, or workers’ compensation benefits through this Agency. If you are self-employed, you are responsible for self-employment tax, state tax, and federal income taxes.

3. Referral Fees and Payments

Mya Cleaning Service earns a referral fee based on a percentage of the job cost for each referral. Payments for domestic services are made either directly to the domestic worker or to the Agency. Any payments made to the Agency are deposited into a trust account until payment can be made to the domestic worker, as required by California Civil Code §1812.5095(b)(8).

4. Privacy

Your use of our Site is subject to our Privacy Policy, which governs our data collection practices. Please review our Privacy Policy for details.

5. Electronic Communications

By using our Site or sending emails to us, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

6. Your Account

If you create an account on our Site, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. Mya Cleaning Service reserves the right to refuse or cancel service, terminate accounts, or remove or edit content at our discretion.

We do not knowingly collect personal information from persons under the age of 13. If you are under 18, you may use our Site only with the permission of a parent or guardian.

7. Links to Third-Party Sites

Our Site may contain links to other websites that are not under our control. We are not responsible for the content of any linked site. The inclusion of any link does not imply endorsement by Mya Cleaning Service.

Certain services on our Site, such as our booking system, may be delivered by third-party providers. By using any service originating from our domain, you acknowledge that we may share necessary information with these providers to deliver the requested service.

8. Intellectual Property

All content on our Site, including text, graphics, logos, and images, is the property of Mya Cleaning Service or its suppliers and is protected by copyright and intellectual property laws. You are granted a non-exclusive, non-transferable, revocable license to access and use the Site in accordance with these Terms. You may not reproduce, modify, distribute, or create derivative works from any content on the Site without our written permission.

9. Relationship of the Parties

No employment, joint venture, partnership, or agency relationship exists between you and Mya Cleaning Service as a result of these Terms or your use of the Site or our referral services. Mya Cleaning Service operates solely as a Domestic Referral Agency under California Civil Code §1812.5095. We refer domestic workers to clients. We do not employ, direct, control, or supervise the domestic workers in the performance of their work.

Important: Per California Civil Code §1812.5095(g), this Agency does not and cannot specify that a domestic worker is self-employed or an independent contractor. The nature of the relationship between the client and the domestic worker depends on the specific arrangement between those parties.

10. Limitation of Liability

Mya Cleaning Service provides referral services only. We do not perform, guarantee, or assume responsibility for the domestic cleaning services performed by the workers we refer. Our referral services are provided “as is” without warranty of any kind.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYA CLEANING SERVICE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE DOMESTIC SERVICES PERFORMED BY A REFERRED WORKER, OR YOUR USE OF OR INABILITY TO USE THE SITE OR OUR REFERRAL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO DAMAGES FOR LOSS OF USE, DATA, OR PROFITS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless Mya Cleaning Service, its officers, directors, agents, and affiliates from any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) arising out of or related to: (i) your use of or inability to use the Site or our referral services; (ii) your arrangement with any domestic worker referred by the Agency; (iii) your violation of these Terms; or (iv) your violation of any applicable laws or regulations.

12. Class Action Waiver

Any arbitration under these Terms will take place on an individual basis. Class arbitrations and class, representative, or collective actions are not permitted. The parties agree that a party may bring claims against the other only in their individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding.

13. Governing Law and Jurisdiction

To the maximum extent permitted by law, these Terms are governed by the laws of the State of California. You consent to the exclusive jurisdiction and venue of courts in Los Angeles County, California for all disputes arising out of or relating to these Terms or your use of the Site.

14. Termination

Mya Cleaning Service reserves the right to terminate your access to the Site and our referral services at any time, at our discretion, without notice. However, in accordance with California Civil Code §1812.5095, the relationship between a domestic worker and a client may only be terminated by one of those parties, not by the Agency. The Agency may decline to make additional referrals to a particular domestic worker, and a domestic worker may decline to accept a particular referral.

15. Severability

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original, and the remaining Terms will continue in effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mya Cleaning Service with respect to the Site and our referral services, and supersede all prior or contemporaneous communications and proposals.

17. Changes to Terms

Mya Cleaning Service reserves the right to change these Terms at any time. The most current version will supersede all previous versions. We encourage you to review these Terms periodically.

18. Contact Us