Please read these Terms of Service carefully. By scheduling, purchasing, or receiving any service from EXM Fire Protection Services ("EXM," "we," "us," or "our"), you ("Client," "you") agree to be bound by these Terms. If you do not agree, do not use our services.
Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and EXM Fire Protection Services, governing your access to and use of our restaurant exhaust hood cleaning, duct cleaning, fire code inspection, and related fire protection services (collectively, "Services").
By requesting a quote, signing a service agreement, authorizing a work order, or permitting our technicians to perform services at your premises, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional policies referenced herein, including our Privacy Policy.
If you are entering into these Terms on behalf of a business entity, you represent that you have the authority to bind that entity, and "you" refers to that entity.
Services
EXM Fire Protection Services provides professional commercial kitchen exhaust system cleaning and fire protection services, including but not limited to:
- Restaurant exhaust hood cleaning and degreasing
- Grease filter removal, cleaning, and reinstallation
- Exhaust duct system cleaning (hood to rooftop)
- Rooftop exhaust fan cleaning and maintenance
- Fire code compliance inspections and documentation
- 24/7 emergency exhaust cleaning and inspection response
All Services are performed in accordance with applicable local fire codes. We reserve the right to modify, suspend, or discontinue any Service at any time without liability to you.
Quotes & Service Agreements
All quotes provided by EXM are based on information available at the time of estimate. Final pricing may be adjusted if actual conditions differ materially from those described at the time of quoting, including but not limited to: greater-than-expected grease accumulation, inaccessible ductwork, system configurations not disclosed at quoting, or additional services required for compliance.
A written quote is valid for thirty (30) days from the date of issue unless otherwise specified. Quotes are not binding service agreements. A service agreement is formed when:
- The Client provides written or electronic authorization to proceed (including email or text approval); or
- EXM technicians are permitted access to the premises to perform Services.
Verbal authorizations are binding when confirmed by commencement of work. EXM reserves the right to decline any service request at its sole discretion.
Scheduling & Site Access
The Client is responsible for ensuring that EXM technicians have safe, unobstructed access to all areas of the exhaust system at the scheduled service time, including rooftop access for exhaust fan work. This includes:
- Access to roof hatches, ladders, or rooftop entry points
- Clearance of the kitchen area during cleaning
- Securing pets, personnel, and equipment that may impede access
- Ensuring all cooking equipment is cooled and turned off prior to our arrival
EXM will make commercially reasonable efforts to perform Services during agreed hours to minimize disruption to your operations. If technicians arrive and are unable to access the work site due to Client's failure to provide access, the visit may be treated as a cancellation subject to the fees described in Section 6.
Same-day and emergency scheduling is subject to technician availability. Emergency response times are estimated and not guaranteed.
Payment Terms
Unless otherwise agreed in writing, payment for Services is due upon completion of each service visit. EXM accepts payment by cash, check, credit card, and ACH bank transfer.
Net-30 accounts may be established for qualifying commercial Clients with approved credit applications. Invoices on Net-30 accounts are due within thirty (30) days of the invoice date.
Late payments are subject to a monthly finance charge of 1.5% per month (18% annually) on any outstanding balance, or the maximum rate permitted by applicable law, whichever is less. EXM reserves the right to suspend or terminate Services for accounts with balances more than thirty (30) days past due.
All prices are in US Dollars and exclusive of applicable state and local taxes, which will be added to invoices where required by law. The Client is responsible for all applicable taxes.
In the event of non-payment, EXM reserves the right to pursue collection through any lawful means, and the Client agrees to pay all costs of collection, including reasonable attorneys' fees.
Cancellation & Rescheduling
We understand that restaurant operations are unpredictable. Our cancellation policy is as follows:
- More than 48 hours notice: No charge. Reschedule at no cost.
- 24–48 hours notice: A rescheduling fee of up to 25% of the quoted service price may apply.
- Less than 24 hours notice or no-show: A cancellation fee of up to 50% of the quoted service price will apply to cover technician time and dispatch costs.
- Inability to access site upon arrival: Treated as a no-show; cancellation fee applies.
EXM reserves the right to cancel or reschedule any appointment due to technician illness, equipment failure, inclement weather, or other circumstances beyond our control. In such cases, we will contact you as soon as practicable and reschedule at no cost to you.
Emergency services cancelled after technician dispatch are subject to a minimum call-out fee regardless of cancellation timing.
Certificates of Service & Reports
Upon completion of each cleaning service, EXM will provide a Certificate of Service and a detailed inspection report documenting the scope of work performed, grease levels found, areas cleaned, and the certifying technician's identification and technician certification number.
These documents are intended to support fire code compliance and insurance requirements. EXM makes no representation or warranty that issuance of a Certificate of Service guarantees:
- Approval by any particular fire marshal, health department, or insurance carrier
- Compliance with requirements beyond the scope of the services performed
- Freedom from re-inspection obligations or other regulatory requirements
The Client is responsible for maintaining all service records and presenting them to the appropriate authorities as required. EXM will retain copies of service records for a minimum of three (3) years.
Client Responsibilities
To enable effective and safe service delivery, the Client agrees to:
- Provide accurate information about the exhaust system, cooking volume, and cooking methods at the time of quoting
- Disclose any known hazards, pre-existing damage, or unusual system configurations
- Ensure the exhaust system is operational and has not been modified in ways that would prevent safe cleaning
- Notify EXM of any previous fires, flood damage, or structural changes to the kitchen or exhaust system
- Not operate cooking equipment during the cleaning service without prior authorization from the technician
- Comply with all applicable health, safety, and fire codes independently of EXM's services
EXM is not responsible for pre-existing damage, code violations, or system deficiencies that exist prior to or independent of our services. If technicians discover conditions that require work outside the agreed scope, we will notify you before proceeding and obtain authorization for any additional charges.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXM FIRE PROTECTION SERVICES, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.
EXM's total cumulative liability to you for any claims arising out of or related to Services shall not exceed the total amount paid by you to EXM for the specific service visit giving rise to the claim during the twelve (12) months preceding the claim.
This limitation applies to all claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not EXM has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you in full.
Indemnification
You agree to defend, indemnify, and hold harmless EXM Fire Protection Services and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your breach of these Terms
- Your misrepresentation of system conditions, cooking volumes, or hazards
- Your failure to maintain the exhaust system in accordance with applicable codes between service visits
- Your violation of any applicable law, regulation, or third-party right
- Any claim by a third party (including fire marshals, insurers, or health departments) arising from conditions outside the scope of services performed by EXM
Warranty Disclaimer
EXM warrants that Services will be performed in a professional and workmanlike manner consistent with industry standards and fire code requirements at the time of service. If you are not satisfied with a service, you must notify EXM in writing within five (5) business days of service completion, and EXM's sole obligation will be to re-perform the deficient portion of the service at no additional charge.
EXCEPT AS EXPRESSLY STATED ABOVE, EXM PROVIDES ALL SERVICES "AS IS" AND DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
EXM does not warrant that cleaning services will prevent fires, eliminate all grease, achieve specific grease-level readings, or guarantee passing any particular inspection. Fire risk is inherent in commercial kitchen operations and cannot be fully eliminated by any cleaning service.
Intellectual Property
All content on the EXM website and in our marketing materials — including text, graphics, logos, service descriptions, photographs, and software — is the property of EXM Fire Protection Services and is protected by applicable intellectual property laws.
Service reports and certificates issued to you are licensed for your use in demonstrating compliance with applicable codes and regulations. You may not reproduce, distribute, or modify EXM's proprietary documents, templates, or branded materials without our prior written consent.
Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law provisions, except for Clients located in Oregon, for whom Oregon law shall apply where required by statute.
Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in San Francisco County, California (or Multnomah County, Oregon for Oregon-based Clients), and the parties hereby irrevocably consent to personal jurisdiction and venue in those courts.
Dispute Resolution
Before initiating any formal legal action, both parties agree to attempt to resolve disputes through good-faith negotiation. Either party may initiate this process by providing written notice describing the dispute in reasonable detail.
If the dispute is not resolved within thirty (30) days of written notice, either party may pursue binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration will be conducted in San Francisco, California (or via videoconference by mutual agreement). The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.
Class Action Waiver: You agree that any arbitration or litigation shall be conducted on an individual basis and not as a class action, collective action, or representative proceeding.
Notwithstanding the above, EXM reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent unauthorized use of intellectual property or breach of confidentiality obligations.
Modifications to Terms
EXM reserves the right to modify these Terms at any time. Material changes will be communicated by:
- Updating the "Last Updated" date at the top of this page
- Email notification to active account holders at least 14 days before changes take effect
- Prominent notice on our website
Your continued use of our Services after the effective date of any modification constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue use of our Services and notify us in writing.
Contact Us
If you have questions about these Terms of Service, please contact us:
- EXM Fire Protection Services
- Phone: (650) 587-8420
- Email: exmaintenance22@gmail.com
- Mailing Address: EXM Fire Protection Services, San Francisco, CA
For service-related inquiries, contact us at exmaintenance22@gmail.com or call (650) 587-8420. For compliance certificates or service records, include your business name and service date in your request.