Re: Cleaning Service Referral Agreement
White Glove Elite, Inc. (“WGE”) is a referral service dedicated to customer satisfaction through its network of qualified and experienced Cleaners. White Glove Inc. places individuals and companies engaged in the business of providing cleaning services with Customers seeking cleaning services. Since 1992, White Glove Elite, Inc. has successfully referred Service Providers to satisfied Customers in all five boroughs of New York City. WGE carefully screens all professionals prior to referring them to customers. This letter agreement sets forth the material terms and conditions under which WGE agrees to refer Professional Cleaning Services to Customer.
Term: This agreement (“Agreement”) shall commence on the date of acceptance and shall continue throughout Customer’s use of cleaning services referred by WGE.
Services: WGE agrees to provide at least the following services (the “Services”):
- WGE shall collect information regarding type of service needed and time and date from the Customer. WGE will procure an available qualified Independent Cleaner/Cleaning Service (“Cleaner”) within WGE’s network/database of carefully screened Cleaners.
- Upon Customer’s acceptance of this Agreement, WGE shall procure an appropriate Cleaner.
- WGE shall advise the customer of the customary rates of available Cleaners.
- Upon acceptance of the work by the Cleaner, WGE shall contact Customer to confirm cleaning appointment.
- WGE shall work diligently and timely to perform the referral Services in a professional manner.
Payment: In return for the Services, Customer shall pay WGE:
a. Amount of Payment: $45.00 (plus sales tax) referral fee for each cleaning appointment. Consecutive appointments scheduled at intervals of 15 days or less will be charged a discounted rate of $29 (plus sales tax) for each appointment. Each additional Cleaner scheduled shall be deemed as an additional appointment and will incur an additional charge of $29 or $45 accordingly.
b. Schedule of Payments: All fees must be paid to WGE each time Customer engages the services of the Cleaner/Cleaning Service referred to them by WGE. Customer shall remit payments to WGE as per Section 2(c) below, after completion of WGE’s Services.
c. Method of Payment: Customer shall pay amount due to WGE as per Section 3(a) of this Agreement with credit card or debit card by remitting information via telephone or scanning and emailing/faxing authorization form to WGE. Upon payment, WGE shall send Customer a receipt of payment.
d. Payment to independent cleaners: In return for the Services, Customer undertakes to pay
Cleaner/Cleaning Service independently upon each completed cleaning as per terms agreed upon
between Customer and Cleaners. WGE shall notify Customer of Cleaner’s rate upon confirmation of appointment.
a. Arbitration: Any controversy or claim arising out of or relating to this Agreement, any alleged breach thereof or the provision of the Services or payment therefore shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
b. Termination: Either Party may terminate this Agreement at any time for any reason
c. Independence: Company’s relationship to Customer is that of a Referral Service and all Services provided by WGE under this Agreement shall be as such.
d. Entire Agreement; Modification; Governing Law: This Agreement sets forth the entire agreement between WGE and the Customer concerning its subject matter and supersedes any such prior agreement or understanding. This Agreement may only be modified by a writing signed by both parties. This Agreement shall be governed by the laws of the State of New York without reference to its conflicts of laws provisions. The headings used in this Agreement are intended only for the convenience of the parties and shall not in any way add to, limit or otherwise be used in the interpretation of this Agreement
e. Assignment. All covenants and agreements hereunder shall inure to the benefit of and be enforceable by the assignees and successors of WGE. This Agreement shall not be assignable by the Customer.
f. Facsimile, Electronic Signatures and Counterparts. Signatures transmitted by facsimile or electronically in the form of a PDF file are deemed to be originals and this Agreement may be executed in counterparts each of which shall constitute one and the same instrument.
Please have a copy of this letter countersigned below to reflect your acceptance of and Agreement to the foregoing. Should you have any questions, please contact our offices/WGE offices at 212.684.4460. We look forward to working with you.
[Electronic signing of this Agreement will constitute valid signature and acceptance of the terms herein in accordance with the federal Electronic Signatures in Global and National Commerce Act, and the New York Electronic Signatures and Records Act §304.1]
White Glove Elite, Inc.
James Ireland, President
As an agency licensed by the Department of Consumer Affairs, White Glove Elite is required to provide a copy of the Employment Agency Law and the following DCA publication in its entirety. Please refer to page 7 of the DCA publication for Work Done as an Independent Contractor.
EMPLOYMENT AGENCY LAW § 185. FEES
1. Circumstances permitting fee. An employment agency shall not charge or accept a fee or other consideration unless in accordance with the terms of a written contract with a job applicant, except for class “A” and “A-1” employment, and except after such agency has been responsible for referring such job applicant to an employer or such employer to a job applicant and where as a result thereof such job applicant has been employed by such employer. The maximum fees provided for herein for all types of placements or employment may be charged to the job applicant and a similar fee may be charged to the employer provided, however, that with regard to placements in class “B” employment, a fee of up to one and one-half times the fee charged to the job applicant may be charged to the employer. By agreement with an employment agency, the employer may voluntarily assume payment of the job applicant’s fee. The fees charged to employers by any licensed person conducting an employment agency for rendering services in connection with, or for providing employment in classes “A”, “A-1” and “B”, as hereinafter defined in subdivision four of this section where the applicant is not charged a fee shall be determined by agreement between the employer and the employment agency. No fee shall be charged or accepted for the registration of applicants for employees or employment.
2. Size of fee; payment schedule. The gross fee charged to the job applicant and the gross fee charged to the employer each shall not exceed the amounts enumerated in the schedules set forth in this section, for any single employment or engagement, except as hereinabove provided; and such fees shall be subject to the provisions of section one hundred eighty-six of this article. Except as otherwise provided herein, an employment agency shall not require an applicant while employed in the continental United States, and paid weekly to pay any fee at a rate greater than in ten equal weekly instalments each of which shall be payable at the end of each of the first ten weeks of employment, or if paid less frequently, in five equal installments, each of which shall be payable at the end of the first five pay periods following his employment, or within a period of ten weeks, whichever period is longer. An employer’s fee shall be due and payable at the time the applicant begins employment, unless otherwise determined by agreement between the employer and the agency.
3. Deposits, advance fees. Notwithstanding any other provisions of this section, an employment agency may not require a deposit or advance fee from any applicant except an applicant for class “A” or class “A1” employment, and only to the extent of the maximum fees hereinafter provided. Such deposit or advance fee shall be offset against any fee charged or accepted when such employment is obtained. Any excess above the lawful fee shall be returned without demand therefor, immediately after the employment agency has been notified that such employment has been obtained; and all of such deposit or advance fee shall be returned immediately upon demand therefor, if at the time of the demand such employment has not been obtained.
4. Types of employment. For the purpose of placing a ceiling over the fees charged by persons conducting employment agencies, types of employment shall be classified as follows: Class “A”–domestics, household employees, unskilled or untrained manual workers and laborers, including agricultural workers; Class “A1”–non-professional trained or skilled industrial workers or mechanics; Class “B”–commercial, clerical, executive, administrative and professional employment, all employment outside the continental United States, and all other employment not included in classes “A”, “A1”, “C” and “D”; Class “C”–theatrical engagements; Class “D”–nursing engagements as defined in article one hundred thirty-nine of the education law.
5. Fee ceiling: For a placement in class “A” employment the gross fee, including the deposit if any, shall not exceed, in percentage of the first full month’s salary or wages, the following: where no meals or lodging are provided …….10 %; where one meal per working day is provided …….12 %; where two meals per working day are provided …….14 %; where three meals and lodging per working day are provided …….18 %; Where all parties to the employment agreement understand or agree at the time the employment is entered into that it shall be for a period shorter than one month, the gross fee shall not exceed ten per cent, twelve per cent, fourteen per cent or eighteen per cent respectively of the salary or wages actually paid.
6. Fee ceiling: For a placement in Class “A1” employment the gross fee shall not exceed one week’s wages where all parties to the employment agreement understand or agree at the time the employment is entered into that it shall be for a period for ten weeks or more. Where all parties to the employment contract agree and understand at the time the employment contract is entered into that it shall be for a period shorter than ten weeks, the gross fee shall not exceed ten per cent of the wages or salary actually received.
7. Fee ceiling: For a placement in Class “B” employment the gross fee shall not exceed, in percentage of the first full month’s salary or wages, the following: where such first full month’s salary or wages is: less than $750 ……. 25 %;
at least $ 750 but less than $ 950 …….35 %; at least $ 950 but less than $1150 ……. 40 %; at least $1150 but less than $1350 ……. 45 %; at least $1350 but less than $1500 …….50 %; at least $1500 but less than $1650…….55 %; at least $1650 or more …….60 %
Provided however, that where the placement is for employment in which the applicant will be paid on a straight commission basis or on the basis of a drawing account plus commissions, the gross fee shall be based on percentages in the above schedule applied to an amount equivalent to one-twelfth of the estimated first year’s earnings, as estimated by the employer. Where all parties to the employment contract agree and understand at the time the employment contract is entered into that it shall be for a period shorter than four months the gross fee shall not exceed fifty percent of the fee prescribed in the schedule in this subdivision or ten percent of the wages or salary actually received, whichever is less.
8. Fee ceiling: For a placement in class “C” employment the gross fee shall not exceed, for a single engagement, ten per cent of the compensation payable to the applicant, except that for employment or engagements for orchestras and for employment or engagements in the opera and concert fields such fees shall not exceed twenty per cent of the compensation.
9. Fee ceiling: For a placement in class “D” employment the gross fee shall not exceed, for a single engagement, the following:
(1) for private nursing duty, five per cent of the salary or wages received each week through the first ten weeks of that engagement only, and such fee shall be due and payable at the end of each such week; (2) for any other nursing duty, the amount of the first week’s salary or wages unless the first year’s computed salary or wages to be derived for at least one year’s employment is twenty-five hundred dollars or more, in which event the gross fee shall not exceed, in percentage of such salary or wages, the following: where such first year’s salary or wages is at least $2500 but less than $3000 …….2 1/2 %; at least $3000 but less than $3500 …….3 %; at least $3500 but less than $4000 …….3 1/2 %; at least $4000 but less than $4500 …….4 %; at least $4500 but less than $5000 ……. 4 1/2 %; $5000 or more…….5 %
EMPLOYMENT AGENCY LAW § 185: Return of fees
1. Excessive fee: Any employment agency which collects, receives or retains a fee or other payment contrary to or in excess of the provisions of this article, shall return the fee or the excess portion thereof within seven days after receiving a demand therefor.
2. Failure to report: If a job applicant accepts employment and thereafter fails to report for work, the gross fee charged to such applicant shall not exceed twenty-five per cent of the maximum fee allowed by section one hundred eighty-five of this article, provided however, if the applicant remains with his same employer, the fee shall not exceed fifty per cent. If a job applicant accepts employment and fails to report for work, no fee shall be charged to the employer.
3. Termination without employee’s fault. If a job applicant accepts employment and reports for work, and thereafter such employment is terminated without fault of the employee, the gross fee charged to such employee and to the employer each shall not exceed ten percent of the salary or wages received by such employee, and in no event shall such fee exceed the maximum fee allowed by section one hundred eighty-five of this article. However, if such employee is a domestic or household employee recruited from a state outside of this state the fee of the employer shall not exceed thirty-three and one-third percent of the wages or salary actually earned.
4. Termination under all other circumstances: If a job applicant accepts employment and reports for work, and thereafter such employment is terminated under any other circumstances, the gross fee charged to such employee and the employer each shall not exceed fifty per cent of the salary or wages received by such employee, and in no event shall such fee exceed the maximum fee allowed by section one hundred eighty-five of this article.