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Terms & Conditions
1. Introduction
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1.1 These terms and conditions ("Terms") shall apply to all property maintenance, care, and related services set out in any quotation, estimate, invoice, or agreement provided by Poinciana Property Care Services. The Client shall not be entitled to rely on any representation or warranty, express or implied, which is not contained herein.
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1.2 Acceptance of these Terms is implied by the Client's approval of a quote or estimate, signing of any service agreement, and/or making payment to Poinciana Property Care Services.
2. Definitions
In these Terms, the following words shall have the meanings set out below:
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2.1 "Poinciana Property Care Services" or the "Company" refers to Poinciana Property Care Services, Cayman Islands.
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2.2 "Client" refers to the individual, property manager, company, or other entity that has engaged the Company to carry out one or more services.
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2.3 "Property" refers to the residential, commercial, vacation rental, or managed property at which services are to be performed.
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2.4 "Authorised Representative" refers to any person designated in writing by the Client as having authority to approve work, access the property, or make payments on the Client's behalf.
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2.5 "Services" refers to the property maintenance, care, and related work described in the quotation, estimate, invoice, or agreement.
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2.6 "Quote" or "Estimate" means the written scope of work and pricing provided by the Company prior to work commencing.
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2.7 "Deposit" means the upfront payment required before work commences, as described in Section 7.
3. Client Authority to Approve Work & Payments
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3.1 By accepting a Quote or Estimate, the Client confirms that they are the owner of the Property, a duly authorised property manager, or an Authorised Representative with full legal authority to (a) approve the scope of work described; (b) grant the Company access to the Property; and (c) approve and make payment for services rendered.
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3.2 Where the Client is acting as a property manager or agent on behalf of a property owner, the Client warrants that they have obtained all necessary authorisations from the property owner prior to engaging the Company's services. The Company shall not be held liable for any disputes arising between a property manager/agent and the property owner.
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3.3 The Company may, at its sole discretion, request written confirmation of a Client's authority before commencing work on any property.
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3.4 If the Client designates an Authorised Representative, that designation must be provided to the Company in writing. The Company is entitled to act on instructions from such a Representative as if they were the Client.
4. Property Access
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4.1 The Client is responsible for providing the Company with safe, timely, and lawful access to the Property on the agreed service date(s).
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4.2 Where access requires keys, access codes, gate passes, or other entry arrangements, the Client must communicate these to the Company in advance of the scheduled visit. The Company will treat all such information as confidential.
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4.3 If the Company is unable to access the Property at the agreed time due to circumstances within the Client's control (e.g. locked premises, access denied, or no prior arrangement), the Company reserves the right to charge a call-out fee for the missed visit.
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4.4 The Company shall take reasonable care of all access materials provided and will return them upon request or upon termination of services, provided all outstanding fees have been settled.
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4.5 The Company's team members and subcontractors will only enter and operate within areas of the Property that are reasonably required to perform the agreed services.
5. Company Responsibilities
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5.1 To perform all services in a professional, timely, and workmanlike manner.
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5.2 To notify the Client promptly if the scope of work identified on-site differs materially from the agreed Quote, before proceeding with any variation.
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5.3 To advise the Client of any anticipated interruption or delay to scheduled services. If the Company is unable to deliver a service within the agreed timeframe, it is the duty of the Company to notify the Client in writing as soon as reasonably practicable.
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5.4 To treat the Property and its contents with care and respect at all times.
6. Client Responsibilities
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6.1 To provide accurate and complete information about the Property and the scope of work required.
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6.2 To ensure the Property is reasonably prepared for the agreed services (e.g. vehicles moved, areas cleared) where applicable.
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6.3 To review completed work and raise any concerns promptly. Approval is implied if no written objection is received within 48 hours of service completion.
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6.4 To manage payments in a timely manner in accordance with Section 7. If the Client is unable to pay due to financial or emergency circumstances, it is the duty of the Client to notify the Company in writing with a view to developing a plan to move forward.
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6.5 All formal communication with the Company should be conducted by email or confirmed in writing by email following any verbal discussion.
7. Payment Terms
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7.1 Deposit: A non-refundable deposit is required to secure the booking and confirm the scheduled service date. Work will not commence until the deposit has been received.
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7.2 Balance: The remaining balance is due upon completion of the agreed services, prior to the departure of the Company's team from the Property, unless otherwise agreed in writing.
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7.3 Invoicing: A final invoice will be issued upon completion of services. Payment is due immediately upon receipt unless a prior written credit arrangement has been agreed.
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7.4 Late Payments: All outstanding fees will attract a 5% late fee after 14 days from the invoice date. Any invoice remaining unpaid after 30 days will incur an additional 10% collection fee. The Company reserves the right to suspend all future services until outstanding fees are paid in full.
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7.5 Accepted Payment Methods: Online bank transfer, cash.
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7.6 All payments are non-refundable.
8. Quotations & Variations
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8.1 All Quotes and Estimates are valid for 30 days from the date of issue, unless otherwise stated.
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8.2 Quotes are based on the information available at the time of assessment. If additional work is identified on-site that was not included in the original scope, the Company will notify the Client in writing before proceeding. Any additional work will be billed at the Company's prevailing rates.
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8.3 Any changes to the agreed scope of work requested by the Client must be submitted in writing and are subject to re-quotation.
9. Scheduling & Cancellations
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9.1 Service appointments are confirmed once the deposit has been received.
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9.2 Cancellations made more than 48 hours before the scheduled service date will result in the deposit being held as a credit toward a rescheduled appointment.
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9.3 Cancellations made less than 48 hours before the scheduled service date will result in forfeiture of the deposit.
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9.4 The Company reserves the right to reschedule services in cases of adverse weather, staff illness, or other circumstances beyond its reasonable control. Where rescheduling is necessary, the Company will notify the Client as soon as practicable.
10. Force Majeure
The Company shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from circumstances beyond its reasonable control, including but not limited to acts of God, extreme weather events, natural disasters, civil unrest, or governmental restrictions. In any such event, the Company shall be entitled to delay, reschedule, or cancel services. Any outstanding deposit may be applied as credit toward future services at the Client's discretion.
11. Liability
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11.1 The Company shall not be liable to the Client for any indirect, incidental, or consequential loss or damage arising from the provision of services, including but not limited to loss of use, loss of rental income, or damage caused by pre-existing conditions at the Property not identified or disclosed prior to the commencement of work.
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11.2 The Client is responsible for disclosing to the Company any known hazards, fragile items, restricted areas, or special conditions at the Property prior to the commencement of work. The Company shall not be held liable for damage to items or areas not disclosed.
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11.3 In the event that the Company causes damage to the Property through the negligence of its staff, the Client must notify the Company in writing within 48 hours of service completion. The Company will assess the claim and respond within a reasonable timeframe.
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11.4 The Company's total liability to the Client shall not exceed the total value of the fees paid for the specific service giving rise to the claim.
12. Confidentiality
The Company understands the sensitivity of access to private properties. All access information, Client details, and property information shared with the Company will be treated as strictly confidential. The Company will not disclose such information to any third party except where required by law or as necessary for the performance of the agreed services (e.g. to subcontractors working under the Company's supervision). This obligation continues after the termination of any service agreement.
13. Subcontractors
The Company may engage vetted and supervised subcontractors to perform certain services. All subcontractors engaged by the Company are bound by confidentiality obligations and must meet the Company's standards of workmanship and conduct. The Company remains responsible for the quality of work performed by its subcontractors.
14. Termination
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14.1 Either party may terminate an ongoing or recurring service arrangement upon 14 days' written notice to the other party.
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14.2 The Company may terminate services immediately, without notice, where the Client is in breach of these Terms, becomes more than 30 days overdue on payment, or where the Company's team is subjected to unsafe or hostile conditions at the Property.
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14.3 Upon termination, the Client remains responsible for all outstanding fees for services already rendered. The Company will return any access materials within 10 business days, provided all outstanding fees have been settled.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Cayman Islands. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Cayman Islands.
16. Amendments
The Company reserves the right to update or amend these Terms at any time. Clients will be notified of material changes in writing or via the Company's website at www.PoincianaPropertyCare.com. Continued engagement of the Company's services following notification of any amendment shall constitute acceptance of the revised Terms.
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