Privacy Policy and Terms of Agreement

The services provided under the name “Fix or Clean” are offered by Danik LLC, a limited liability company duly organized and existing under the laws of the State of Texas, which has registered “Fix or Clean” as an assumed business name with the Texas Secretary of State.

Welcome to “Fix or Clean.” By accessing our website, using our services, or communicating with us by phone, you agree to comply with and be bound by our Privacy Policy and Terms of Agreement. Please review these terms carefully.

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Privacy Policy

Information We Collect

We collect both personal and non-personal information from our users to provide better services.

Personal Information:

• Contact Information: Name, phone number, email address.
• Service Details: Information about your home and the services you require.

Non-Personal Information:

• Browser and Device Information: IP address, browser type, operating system.
• Usage Data: Pages visited, time spent on the site, and other usage statistics.

How We Use Your Information

We use the information we collect for the following purposes:

• To provide and maintain our services.
• To improve our website and services.
• To communicate with you, including responding to your inquiries and sending promotional materials.
• To comply with legal obligations and protect our rights.

Sharing Your Information

We do not sell or rent your personal information to third parties. We may share your information with:

• Service Providers: Third-party vendors who assist us in providing our services (e.g., payment processors, scheduling software providers).
• Legal Authorities: When required by law or to protect our legal rights.

Security

We take reasonable measures to protect your information from unauthorized access, alteration, disclosure, or destruction. These measures include data encryption, secure data storage practices, and strict access controls for employees. However, no security system is impenetrable, and we cannot guarantee the security of our systems 100%.

Your Rights

You have the right to:

• Access the personal information we hold about you.
• Request corrections to any inaccuracies in your personal information.
• Request deletion of your personal information, subject to certain legal exceptions.
• Opt-out of receiving promotional communications from us.

Cookies and Tracking Technologies

Our website uses cookies and similar tracking technologies to enhance user experience and analyze website usage. You can control the use of cookies through your browser settings.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time. Any changes will be posted on this page, and the updated policy will take effect upon posting.

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Terms of Agreement

Governing Law

These terms of agreement shall be governed by, construed, and enforced in accordance with the laws of the state of Texas, without regard to conflicts of law principles. Any legal action or proceeding arising out of or relating to these terms or the services provided shall be brought exclusively in the state or federal courts located in Dallas County, Texas. By using our services, you consent to the jurisdiction of these courts and waive any objections regarding venue or convenience of forum.

Use of Services

By using our website, our services, or communicating with us over the phone, you agree to comply with all applicable laws and regulations. You agree not to use our services for any unlawful or prohibited purpose.

Service Terms

• Scheduling: Appointments must be scheduled in advance. We reserve the right to reschedule or cancel appointments.
• Payment: Payment is due upon completion of services unless otherwise agreed. We accept various payment methods as indicated on our website.
• Cancellations: Once we commence performing the job, cancellations are not permitted, and the client is obligated to pay the full price agreed upon in advance. “Commencement” of work is defined as the time when our contractors arrive at the client’s location and begin setting up equipment or actively performing the agreed-upon services. However, we may grant exceptions to this policy in cases of genuine emergencies or situations outside the client’s control, subject to our discretion.
• Deposits: For services that you have scheduled and agreed to, including any advance payment, the deposit paid is non-refundable. By paying a deposit, you agree to these terms and acknowledge that the deposit is forfeited in the event of cancellation.

Media Ownership

All media content, including but not limited to images and videos, posted on our website is the property of Fix or Clean. Any use, reproduction, or distribution of this media content is strictly prohibited. If you use, reproduce, or distribute our media content without permission, we reserve the right to pursue legal action to the fullest extent of the law.

Communication and Promotions

By submitting your contact information online, over the phone, or through any other means, you acknowledge and agree that Fix or Clean may use this information to send you promotions, emails, and text messages. You can opt-out of these communications at any time by following the instructions provided in the communication or contacting us directly.

Call Recording

Please be advised that all phone calls made to or received by Fix or Clean may be recorded for training, legal, or any other business-related purposes. By communicating with us over the phone, you consent to such recordings. These recordings may be used for quality control, service improvement, or as evidence in the event of any disputes.

Dispute Resolution

In the event of a dispute, controversy, or claim arising out of or relating to these terms or the services provided by Fix or Clean, both parties agree to attempt to resolve the dispute informally. If the dispute is not resolved within 30 days, the parties agree to submit the matter to binding arbitration in Dallas County, Texas, in accordance with the rules of the American Arbitration Association (AAA).

The arbitration shall be conducted by a single arbitrator with experience in commercial contract disputes, and the decision of the arbitrator shall be final and binding on both parties, with no right of appeal, except as provided by Texas law.

Costs of Arbitration: Each party shall bear its own legal fees and costs related to the arbitration process, and the fees of the arbitrator shall be split equally unless otherwise agreed in writing.

By agreeing to these terms, you waive the right to participate in a class action, representative action, or similar collective claim in any court or arbitration. Any claim arising out of or relating to this agreement must be brought on an individual basis

Limitation of Liability

To the maximum extent permitted by applicable law, Fix or Clean, along with its affiliates, employees, officers, directors, agents, and contractors, shall not be liable for any direct, indirect, incidental, consequential, exemplary, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or related to the use of our services, even if Fix or Clean has been advised of the possibility of such damages.

This limitation applies to all claims, whether based on warranty, contract, tort (including negligence), or any other legal theory, regardless of whether any remedy set forth herein fails its essential purpose. In no event shall Fix or Clean’s total liability to you for all damages, losses, and causes of action exceed the amount you paid, if any, for the services in question. This limitation of liability is intended to be as broad as permitted under Texas law. If any part of this limitation is found to be unenforceable, the remaining limitations will remain in full force and effect.

Use of Contractors

Fix or Clean may utilize independent contractors or subcontractors (collectively, “contractors”) to perform certain services under the Fix or Clean brand. These contractors are selected based on standards of quality and professionalism; however, Fix or Clean does not directly supervise, control, or assume liability for the actions of contractors, nor does it guarantee their conduct or outcomes.

By using our services, you acknowledge and agree that:

• Fix or Clean is not responsible for any damages, injuries, theft, or loss caused by contractors during the performance of services.
• Any claims, damages, or losses arising from services performed by contractors shall be the responsibility of the contractor, not Fix or Clean. We encourage you to discuss liability coverage and insurance requirements directly with the contractor before service begins.
• You waive any claims against Fix or Clean arising from actions, omissions, or negligence of any contractor and agree to release Fix or Clean from all claims related to contractor services. This includes any loss or damage to property, personal injury, or any other issues arising from the contractor’s work.

Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Fix or Clean, its affiliates, officers, directors, employees, agents, and contractors from any and all claims, liabilities, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising from or in any way related to:

• Your use of Fix or Clean’s services;
• Your violation of these terms or any applicable law;
• Any claim that your use of our services has caused harm, injury, or loss to a third party;
• Any unauthorized use, reproduction, or distribution of Fix or Clean’s intellectual property, media content, or proprietary materials. Additionally, you agree to indemnify and hold Fix or Clean harmless from any claims, losses, or damages resulting from services provided by contractors, including but not limited to damages to property, personal injury, or theft as outlined under “Use of Contractors.” This indemnification survives the termination of this agreement and your use of Fix or Clean’s services.

Contact Us

If you have any questions or concerns about this Privacy Policy and Terms of Agreement, please contact us at:

Fix or Clean
(469) 699-4490
3710 Rawlins St #1420, Dallas, TX 75219
office@fixorclean.com