HTX Facility Services – Terms of Service
1) About These Terms
These Terms of Service (“Terms”) govern services provided by HTX Facility Services. By signing a proposal, statement of work, or checking “I agree” online, the customer accepts these Terms. Electronic records and signatures have the same legal effect as paper under Texas law.
2) Services & Site Access
We provide commercial cleaning services as described in your proposal. Client will provide safe access (keys/fobs/alarms, parking/elevators) and disclose any restricted areas or known hazards affecting service windows.
3) Product & Safety Statement (No Hazardous Chemicals)
HTX uses cleaning products that are not classified as hazardous under OSHA’s Hazard Communication Standard. Accordingly, HazCom/SDS obligations for hazardous chemicals do not apply to our services. HTX maintains a workplace free from recognized hazards for its employees consistent with OSHA’s General Duty Clause.
If HTX or Client later introduces any product that is classified as hazardous, parties will cooperate so HTX can meet any applicable OSHA requirements (e.g., labels, training, SDS).
4) No Disinfecting/Antimicrobial Claims
HTX does not advertise disinfecting or antimicrobial efficacy and does not provide services marketed as sanitizing/disinfecting. Any references to cleaner brand names are for identification only and are not efficacy claims under pesticide/disinfectant laws.
5) Scheduling, Re-cleans & Extras
Service windows are listed in your proposal. Report service issues within 48 hours and HTX will re-clean affected areas at no charge. Additional work outside scope requires written approval (email acceptable) and will be billed at stated rates.
6) Fees, Invoicing & Late Payment
Unless otherwise stated: invoices are issued monthly; payment due Net 15; past-due balances may incur the lesser of 1.5%/month or the maximum allowed by Texas law; services may be suspended after notice for non-payment.
7) Term, Renewal & Cancellation
Initial term and any renewal are in your proposal. If an auto-renew applies, we disclose it clearly and conspicuously, provide easy cancellation, and (as a best practice) send a reminder before renewal for longer terms. (Texas has no general auto-renew law, but best-practice disclosures help avoid DTPA issues and support multi-state compliance.)
8) Customer Responsibilities
Client will: (a) secure valuables/sensitive data; (b) identify fragile/specialty surfaces; (c) ensure normal utilities access; and (d) promptly notify HTX of hazards impacting service.
9) Warranty & Remedies
HTX warrants services will be performed with reasonable care and skill. Except as stated, services are provided “as is.” Sole remedy for non-conforming service reported within the re-clean window is a re-clean.
10) Limitation of Liability
To the fullest extent allowed by Texas law, HTX’s total liability for any claim is capped at fees paid in the three (3) months before the event giving rise to liability. No indirect, consequential, incidental, or punitive damages. This cap does not apply to bodily injury or damage caused by gross negligence or willful misconduct to the extent such limits are not enforceable under Texas law.
11) Indemnification
Each party indemnifies the other against third-party claims to the extent caused by its own negligence or willful misconduct. Client also indemnifies HTX for claims arising from Client-controlled conditions or instructions.
12) Privacy (Texas TDPSA)
Our Privacy Policy explains what we collect (e.g., contact details, device data), purposes (quotes, billing, service communications), and Texas residents’ TDPSA rights (access, deletion, opt-out of targeted advertising “sale/share” as applicable) and how to exercise them.
13) Security Incidents (Texas)
If a breach of system security involves personal information, HTX will provide required notices. If 250+ Texas residents are affected, HTX will notify the Texas Attorney General within 30 days of discovery, in addition to consumer notices.
14) Email & SMS Communications
Commercial emails comply with CAN-SPAM (truthful headers/subjects, physical mailing address, and a functional opt-out link). Marketing texts comply with TCPA/FCC rules; we obtain appropriate consent and honor revocation (“STOP”) within required timeframes.
15) Compliance (DTPA)
HTX complies with Texas Deceptive Trade Practices Act. Nothing here waives non-waivable consumer protections. Any DTPA waiver (if used) must meet strict statutory requirements (conspicuous; consumer counsel; no disparate bargaining), and is uncommon.
16) Subcontracting, Force Majeure, General
HTX may use vetted subcontractors but remains responsible for quality. Neither party is liable for delays caused by events beyond reasonable control. Standard boilerplate: notices, assignment, severability, survival, entire agreement.
17) Dispute Resolution; Law & Venue
These Terms are governed by Texas law with venue in Harris County, Texas (or mutually agreed arbitration). Each party waives a jury trial to the extent permitted by law.