1. Services.UNCLOGME offers a range of services. The services described below are available individually or in combination, depending on the specific service agreement and quote signed or agreed by the Customer. UNCLOGME is not obligated to perform any service not explicitly included in the signed quote or agreement.
1.1 Pumping Services.UNCLOGME shall perform pumping services as scheduled or requested by the Customer, including but not limited to grease trap pumping, lift station pumping, and catch basin pumping, subject to the scope defined in the signed agreement or Customer approval. It is the Customer’s responsibility to ensure compliance with all applicable regulations regarding maintenance frequency. UNCLOGME shall not be responsible for regulatory violations or penalties resulting from missed or delayed service unless otherwise agreed in writing.
1.2 Pipeline Cleaning. 1.2.1 Main Drain Cleaning If included in the Customer’s agreement, UNCLOGME shall provide cleaning services for the main drain line leading to the grease trap (“Main Drain”) at a frequency mutually agreed upon by the Parties. 1.2.2 Auxiliary Drain Cleaning Cleaning of auxiliary drains — including pipes connected to floor sinks, floor drains, and hand/dishwashing sinks – These services are not performed at every scheduled visit and shall be conducted at UNCLOGME’s discretion, unless otherwise agreed to in writing with the Customer. These services are only provided to Customers who have selected and signed off on this option in their quote.
1.3 Warranty of Drainage Customers who have opted into UNCLOGME’s Warranty of Drainage program as part of their signed agreement are entitled to the following: a) Emergency intervention within twenty-four (24) hours at no additional cost, including nights, weekends, and holidays, for covered drains. b) Coverage applies only to drains included in the recurring service agreement and regularly maintained by UNCLOGME.
1.3.1 Exclusions The following situations are not covered under the Warranty of Drainage and may incur additional charges:
Foreign Objects: $220 fee for clogs caused by utensils, food waste, wipes, rags, or debris.
Neglected Grease Trap: $220 fee if the backup results from a grease trap that was not pumped on schedule.
Non-Disclosure: $120 fee if the Customer fails to disclose or misrepresents the reason for the emergency request.
1.3.2 Unresolved Clog. If UNCLOGME cannot resolve a clog using standard methods, a camera inspection may be offered for an additional fee. No refunds will be issued for unsuccessful unclogging attempts. UNCLOGME is not liable for unresolved clogs. 1.3.3 Time Limitation Under Warranty of Drainage.Emergency intervention provided under the Warranty of Drainage shall include travel time to the Facility plus up to one (1) hour of on-site labor per incident. Any labor exceeding one (1) hour shall be billed at UNCLOGME’s standard hourly rate and is not included under the Warranty of Drainage. Extended labor time does not constitute a failure of service or warranty coverage. 1.3.4 Non-Warranty Customers Customers who do not have an active Warranty of Drainage agreement may request emergency services, subject to availability and standard service charges, including after-hours fees where applicable.
1.4 Access Requirements and Service Availability. The Customer is responsible for ensuring that UNCLOGME has safe and reasonable access to the grease trap, pipelines, and all areas required to perform the Services at the scheduled time. If UNCLOGME arrives at the Facility and is unable to perform the Services due to inaccessibility, obstruction, safety concerns, or other conditions outside of UNCLOGME’s control, the visit shall be deemed a completed service call and the Customer shall remain liable for the full service fee. Any return visit required to complete the Services shall be scheduled at UNCLOGME’s discretion and may be subject to additional charges.
1.5 Drain Lock Skimmers. If UNCLOGME installs drain lock skimmers at the Customer’s facility, the Customer shall not remove them. Any removal of a drain lock skimmer by the Customer, its employees, contractors, or agents will result in a replacement charge of $140 per skimmer, plus applicable labor fees.The Customer is responsible for training its cleaning staff to avoid pushing food or other debris into the sinks, as doing so may block the skimmer and prevent proper drainage. In the event of a sink overflow, the Customer must first inspect the sink and skimmer to ensure it is free from debris and that water can pass through before contacting UNCLOGME. If the Customer calls UNCLOGME and the overflow is due solely to debris blocking the skimmer, a $220 service call fee will apply.
1.6 Other Services and Emergency Work. In addition to the scheduled services described above, UNCLOGME may also perform other services as reasonably necessary to address a clog, backup, or related plumbing issue, including but not limited to hydro-jetting, camera inspections, minor repairs, or other maintenance work. The Customer’s approval may be given in writing, electronically, verbally (including by phone), or implied by requesting UNCLOGME to “take care of” or otherwise resolve a clog, backup, or service need. Once performed, such services shall be deemed authorized by the Customer and shall be subject to the same Terms and Conditions contained herein, including payment obligations, access requirements, and limitations of liability.
1.7 Customer Responsibility to Review Updates. It is the Customer’s responsibility to review the most current version of UnclogMe’s Terms & Conditions
at https://www.unclogme.com/terms prior to each service or agreement approval. 1.8 Time Limitations for Unclogging and Emergency Services. Any unclogging, emergency intervention, or drain clearing service provided by UNCLOGME shall include travel time to the Facility plus up to one (1) hour of on-site labor, unless otherwise specified in the signed agreement or quote. If the service requires more than one (1) hour of on-site labor to complete, additional labor time shall be billed at UNCLOGME’s standard hourly rate, in increments determined by UNCLOGME, and shall not be covered under any flat-rate service, recurring service, or Warranty of Drainage. The Customer expressly authorizes UNCLOGME to continue work beyond the included one (1) hour as reasonably necessary to resolve the issue, and acknowledges responsibility for all additional charges incurred. UNCLOGME shall not be obligated to complete any unclogging service beyond the included time unless additional charges are approved or implied by the Customer’s request to continue service.
2. Term and Termination. 2.1 Term and Renewal Term. The initial term of this Agreement (“Term”) shall be as specified in the signed service agreement or quote between UNCLOGME and the Customer. In the absence of a specified term, the minimum Term shall be one (1) year from the start date of services. This Agreement shall automatically renew itself for a period of one (1) year and from year to year thereafter, each year being an individual renewal term (“Renewal Term”). 2.2 Termination. This Agreement shall be subject to termination in the event of the occurrence of the following events:
a) This Agreement shall be terminated if either Party becomes insolvent or seeks protection under any federal or state bankruptcy or insolvency statutes; provided however, Customer shall remain liable to pay UNCLOGME for all Services performed under this Agreement through and including the date of termination. b) At any time during the term hereof, this Agreement may be terminated “without cause” by Customer upon thirty (60) days’ written notice to UNCLOGME via certified mail. However, the customer shall remain liable to UNCLOGME for all Services through the effective date of termination, calculated based on the Customer’s regular service rate, regardless of whether services are rendered. c) At any time during the term hereof, this Agreement may be terminated “without cause” by UNCLOGME effective immediately upon written notice to Customer via email or certified mail. Customers shall have no further rights under this Agreement or otherwise be entitled to receive any Services or compensation after such termination.
4. Failure to Make Payments. 4.1 Default. In the event that Customer has not paid an invoice within eighteen (18) days following its transmission by UNCLOGME, Customer shall be deemed in default of this Agreement. UNCLOGME shall give a written notice of default to Customer (“Default Notice”) and Customer will have five (5) days in which to cure the default (“Cure Period”) and pay a late payment penalty equal to 5% of the invoice amount (“Late Payment Penalty”). If Customer fails to cure the default and pay the Late Payment Penalty to UNCLOGME within the Cure Period, UNCLOGME is irrevocably authorized by Customer to cease providing all Services without penalty or liability to UNCLOGME and all payments due for Services, billed or unbilled, shall become immediately due and payable. Upon payment in full of all amounts due, UNCLOGME, in its sole discretion, may elect to resume Services or may terminate this Agreement with immediate effect and without penalty or liability to UNCLOGME.
5. Disclaimer. UNCLOGME MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
6. Limitation of Liability & Hold Harmless. 6.1 General Limitation. UNCLOGME shall not be liable for broken, cracked, or disconnected pipes, or for any injuries or damages resulting from overflow. Liability is limited to the amount paid for services rendered during the current Term or Renewal Term, unless damages are caused solely by UNCLOGME’s gross negligence or willful misconduct. 6.2 On-Site Damage Hold Harmless Clause. Customer agrees to hold harmless and indemnify UNCLOGME, its employees, subcontractors, and agents from any and all claims, damages, or losses resulting from injuries to persons or property (including contamination, damage to flooring or surfaces, or equipment failure) that occur during the performance of grease trap pumping or pipeline services, unless such damage is caused solely by the gross negligence or willful misconduct of UNCLOGME. UNCLOGME shall not be responsible for odors, spills, or unforeseen contamination that may occur due to existing facility conditions, equipment malfunction, or structural issues.
7. Governing Law. This Agreement has been negotiated and executed in the State of Florida. The Parties hereby consent, in any dispute concerning this Agreement, to the exclusive jurisdiction of the state courts located in Miami-Dade County, Florida.
8.Force Majeure. UNCLOGME shall not be liable for delays or any failure to perform under this Agreement due to causes beyond its reasonable control. Such delays include, but are not limited to, fire, explosion, flood or other natural catastrophe, power outage, interruption of water supply, plague, epidemic, pandemic, outbreaks of infectious disease, COVID-19 or any other public health crisis, including quarantine or other employee restrictions; governmental legislation, acts, orders, or regulation, strikes or labor difficulties, to the extent not occasioned by the fault or negligence of UNCLOGME. Any such excuse for delay shall last only as long as the event remains beyond UNCLOGME’s reasonable control.
UnclogMe LLC
333 W 41st Street Suite #606 – Miami Beach, Florida 33140
(305) 339 5638
contact@unclogme.com