PLEASE REVIEW THESE TERMS AND CONDITIONS (“TERMS” or “AGREEMENT”) CAREFULLY. THE TERMS GOVERN YOUR USE OF THE MAT PHOENIX LLC (“MAT,”“THE MAT,” “we,” “us,” or “our”) WEBSITE, www.thematphoenix.com (“SITE”), YOUR COMMUNICATIONS WITH MAT, AND ANY GOODS OR SERVICES OFFERED BY MAT (collectively, the “SERVICES”). THESE TERMS CONTAIN BOTH AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES ARE RESOLVED UNDER THESE TERMS.
These terms are effective June 1, 2019. The Mat may modify these terms at any time, and your use or continued use of the Services constitute your unconditional agreement to the Terms.
1. Scope of Services. The Mat owns and operates a laundromat in North Phoenix that offers laundry cleaning and folding services. We also offer laundry delivery and pickup services. After you chose your Services via a telephone, in-person, or online order through our Site, we will provide you with our custom laundry bags (the “Collection Bag(s)”). On a scheduled day (“Pick Up Date”), we will pick up your laundry, machine-wash and machine-dry it, fold it, and deliver it back to your home or residence (the “Contact Point”). It’s that simple.
We do not offer dry cleaning, ironing, steaming, or starching for now. We will let you know if that changes!
2. Term. The Term of your Services will commence on the Start Date. The “Initial Term” will be the first 30 days after the Start Date. At the end of the Initial Term, the Agreement will automatically renew on a month-to-month basis (each, a “Renewal Term”) until terminated pursuant to these Terms. You and we may terminate the Services with 30 days’ written notice to the other party.
3. Laundry and Our Machines. Laundry refers to your household clothing and linens, but does not include the following items: comforters, [build out list of items], or any other item that cannot be machine-washed or machine-dried at the speeds and temperatures listed in these Terms.
For each customer, our typical Services include [list services, number of washes, etc.]. Our washing machines run at [temperature and speed] and our drying machines run at [temperature and speed]. We do not run custom loads, temperatures, or speeds at this time.
4. Collection Bag. We will provide you with the Collection Bags You will place your Laundry you want laundered with our Services in the Collection Bag prior to each Pick Up Date. Once you cancel the Services, you must return the Collection Bag to us at within five (5) calendar days. If you don’t return it in that timeframe, we may charge you a one-time fee of $____ per Collection Bag that you don’t return.
5. Logistics. Each week, by 7:00 am on your Pick Up Date, you will place the Collection Bag in a conspicuous and publicly accessible spot at the Contact Point. We may change your Pick Up Date from time to time by providing you notice. By using the Services, you expressly grant permission to the Mat, our agents, and employees to enter into and upon the Contact Point for purposes of collecting and returning the Collection Bag. By authorizing the Mat to access the Contact Point, you warrant and represent that you have the authority to grant said access and have otherwise made the Mat aware of any defects (visible, latent, or otherwise) or risks that may be present at the Contact Point. You agree to defend, indemnify, hold and the Mat, its agents, and employees harmless from any and all claims, damages, expenses, liabilities, fees (including attorneys’ fees), and costs related to our accessing the Contact Point in connection with the Services.
6. Fees. “Fees” include all monthly service fees, overage charges, late payment charges, interest, taxes, and any other amounts due related to the Services. All Fees are due in advance of the Mat’s performance of Services and you agree to pay all applicable Fees in consideration for your receipt of the Services. All payment obligations are non-cancelable and all amounts paid are nonrefundable. Upon your request, we will email you a monthly invoice for the Fees. You must pay all Fees to us up to and through the last day of the Term. Either party’s termination or cancellation of Services will not relieve your obligation to pay any Fees, and all Fees owed will survive such termination or cancellation.
8. Non-Payment. If we do not receive payment by the scheduled payment date, or if a charge is declined or charged back, in addition to any other rights or remedies available to us under law, we may immediately suspend or terminate the Agreement and Services and recoup from you any and all costs incurred by such declination or charge-back. Without limiting the foregoing, we reserve the right to charge you a late payment and reactivation fee of $10.00 before reinstating or resuming the Services, plus any and costs incurred by us in connection with any declined charges or charge-backs.
9. Warranty of Title. You warrant to us that you will have good and unencumbered title to all Laundry and other items you leave in the Collection Bag for the Services. You agree to defend, indemnify, and hold the Mat, its agents, and employees employees harmless from any and all claims, damages, expenses, liabilities, fees (including attorneys’ fees), and costs arising from or related to claims made by any party(ies) claiming an ownership or interest in said items.
10. Financial Responsibility. If, in our sole discretion, your financial responsibility has become impaired, then as a condition to our continued performance, you may be required to furnish a satisfactory guaranty, letter of credit, security deposit, prepayment or other form of financial security. In the event you (a) fail to furnish such satisfactory security, (b) fail to cure a default under the terms of this Agreement within two (2) business days of demand, or (c) become bankrupt or insolvent however evidenced, then we will have the right to suspend or terminate the Services and this Agreement with regard to any and all transactions with you. The foregoing right will be in addition to any other rights or remedies we may have, including recovery of any monetary losses on transportation and recovery of reasonable attorneys’ fees.
11. Offset and Collections. We may, in our sole discretion, offset any amounts determined by us our a court of competent jurisdiction to be owed to you with any amount that you owe us at that time. In association with any matter to collect any unpaid Fees or any other amounts we incur as a result of your use of the Services, you authorizes us to recover all fees, expenses, and costs associated with said collection including, without limitation, attorneys’ fees, court costs, and collection agency fees.
12. Disclaimers. BY USING THE SERVICES, YOU IRREVOCABLY RELEASE ANY AND ALL CLAIMS FOR THE FOLLOWING LOSSES OR ALLEGED LOSSES:
a. We expressly disclaim any responsibility and liability for any and all claims for any damages for any lost or stolen items, including, without limitation, the Collection Bag or any Laundry, which may be lost or stolen at the Contact Point while awaiting Company’s pick up or delivery.
b. We expressly disclaim any responsibility and liability for any and all claims for any damages or loss to items caused by materials, items, or debris, including, without limitation, crayons, wax, oils, lipstick, chapstick, candy, receipts, or other materials left in pockets, compartments, or other areas of items in the Collection Bag or Laundry. You acknowledge that we have no duty to investigate, empty, or otherwise inspect your Laundry for items that may impact or otherwise cause damage to items during the provision of our Services.
c. We expressly disclaim any responsibility and liability for any and all claims for any damages or loss to any items included in the Collection Bag that may be “dry-clean only” items. You further acknowledge and understand that we do not perform any dry-cleaning services, and as such, if you places any “dry-clean only” items inside the Collection Bag, you assume the risk of any damage or loss to such items.
d. We will use reasonable efforts to separate and launder like-colored items with like-colored items. By using the Services, you acknowledge and agree that we make no guarantees that colors will not blend, bleed, or otherwise transfer from one item of clothing onto others during the performance of the Services, and we expressly disclaim any responsibility for any of said claims..
e. We make no guarantees about the ability to remove stains or other permanent blemishes on items of Laundry.
f. We expressly disclaim any liability for any amounts claimed by you that are not a breach of any of the Terms.
13. Limitation of Liability. You acknowledge and agree that maximum cumulative amount for which we may be liable for any loss, claim, or damages, in any amounts arising from or related to this Agreement or the Services in any way is equal to the amount that you have paid us in the three (3) months immediately preceding the date that the alleged loss or claim accrued. You acknowledge and agree that we may not be found liable to you for any consequential, special, or punitive damages, lost profits or lost expectancies, or any other damages or amounts of any other type. You hereby disclaim, release, and forever discharge us for any and all claims whatsoever over and above the amount specified in this paragraph, which amount includes, without limitation, attorneys’ fees and costs. You acknowledge that in the event of any loss, breach, or damages incurred by reason of our performance of the Services, the amount of damages to you will be difficult to calculate or forecast, and as a result, the amount specified herein is a reasonable estimate of any damages or losses that you may sustain in connection with this Agreement or the provision of the Services. You acknowledge that the foregoing represents a limit on the amount you can recover from us in connection with this Agreement. We recommend that you consult with your own attorney prior to agreeing to these Terms, and you represent and warrant to us that you had such an opportunity and that you agree to these Terms knowingly and voluntarily.
14. Waiver of Jury Trial. You agree that to the extent any right exists to participate in resolving any dispute (whether based on contract, tort, or otherwise) between you or us out of or in any way related to this Agreement, you voluntarily, knowingly, irrevocably, and unconditionally waive any right to have a jury participate in resolving any dispute (whether based upon contract, tort, or otherwise) between you and us, arising out of or in any way related to this Agreement or the Services.
15. Venue. Any dispute related to this Agreement or the Service will be raised exclusively in the venue of the Superior Court in and for the County of Maricopa, in the State of Arizona. You forever waive and discharge any claims for change or transfer of venue, that the Maricopa County Superior Court lacks jurisdiction, or motions to transfer venue under any statute, including on the basis of forum non conveniens.
16. Force Majeure. If by reason of Force Majeure (defined below), we are prevented, wholly or in part, from carrying out our obligations under this Agreement, we will be excused from such performance during the continuance of any inability so caused. “Force Majeure” will mean any occurrence or condition that is not reasonably within our control. Notwithstanding the foregoing, changed market conditions or other general economic causes are not Force Majeure events. We will notify you of a Force Majeure event as soon as reasonably possible.
17. Representations. You represent and warrant to us that, on the date of your agreement to these Terms: (a) you possess all power and authority necessary for you to enter into this Agreement and to perform your obligations under this Agreement; (b) this Agreement constitutes the legal, valid and binding obligation of you enforceable against you in accordance with the respective terms of this Agreement; (c) the execution, delivery and performance hereof will not cause you to be in violation of any other agreement or law, regulation, order, court process or decision to which you are a party or by which you or you properties are bound or affected; and (d) you are not relying upon any representations (whether written or oral) of us other than the representations expressly set forth in this Agreement.
18. Assignment. You may not assign this Agreement without our express written consent, which we may withhold in our sole discretion. We may assign this Agreement to an affiliate or successor-in-interest without notice or without requiring your prior consent.
19. Modification of Terms. We may from time-to-time make modifications (by amendment, replacement, and/or adding new provisions) to any of these Terms. Unless a later effective date is stated, the modified version of this Agreement will be effective 30 days after the date of the notice. We will provide notice of changes to the Terms by emailing you notice to the email account that you have on file with us, including any email address listed on the Order Form . Your continued use of the Services after the effective date of a modification to these Terms will constitute your unequivocal and irrevocable assent to be bound by the modified Terms. Beyond such modifications of the Terms by us, the Terms may not be modified or amended except in writing between you and us.