Privacy Policy

Terms of Service

Services Terms and Conditions

1. Definitions
2. Scope of Services
3. Service Scheduling and Availability
4. Fees and Payment
5. Warranties and Disclaimers
6. Liability
7. Termination
8. Force Majeure
9. Notices
10. Entire Agreement
11. Governing Law
12. Severability
13. Waiver
14. Assignment
15. Dispute Resolution

1. Definitions: Claire Ocean Properties, is a Property Management company operating in San Miguel de Allende, Guanajuato, Mexico, and surrounding area through a Commercial Company “Comercializadora Creatividad Farel y Associados S.A de C.V.” a company legally established in Mexico City, Mexico. Claire Ocean Properties from now on “The Company”, will provide “Property Management Services” consisting of a customer selected “Service package” addressing various levels of care that a home owner may need while away from their property. 

Property Management Services: From “Rental”, “Property Maintenance”, “Remodeling” “Project Managing Remodeling and Repairs”, to the weekly/monthly upkeep maintenance of the property, “The Company” will inspect, hire experienced labor and keep a close follow up of the operations of the property or properties you have in San Miguel de Allende and surrounding areas. From contract preparation, house inspections performed prior to renting out a property, current tenant departure and future tenant arrival, to ensuring operational condition of the house through rental contract period, and vacancy time. The operational condition of a property is essential, and every homeowner needs a helping hand to manage, condition and maintain the property in optimal condition. “The Company” is your partner, we work for you and with you in ensuring the property is kept in optimal conditions.

Rental: The legal homeowner of a property that decides to rent out their legally owned property for long, or short term, require assistance to create a marketing campaign that attracts interest in their property, addresses inquiries about the property, screen candidates and present them to the owner for decision and signature of contract. 

“Service Package” is the selected level of care that includes general tasks to inspect, manage repairs and maintenance tasks providing evidence of status by picture or “video call” to the owner, managing permit processing, hiring local expertise for regular maintenance, repair, construction, and remodeling as required. 

“Deliverables”: As “The Owner” hires “The Company” to manage their property or properties, a thorough assessment will take place to create an initial Property Assessment that includes size, and the initial status of property. In case the property is delivered furnished, a detailed inventory is required to be provided by the owner. “The Company” Delivers a status report at the beginning of each rental period, and at the end of each rental period. 

An inventory report will be provided to “The Owner” of “General Status” including furniture when furnished and will highlight a repair assessment in levels of criticality:

Repair defined as “Recommended”: The highlighted item in need of repair either reported at assessment or reported by “Tenant” is not preventing the “Tenant” from staying and enjoying the property. It is not critical for operation but needs attention by the owner to ensure their property offers what the property describes as featured and offered in the property listing. 

Repair defined as “Required”: The highlighted item in need of repair either reported at assessment performed by “The Company” or reported by “Tenant” is indeed needed to restore the item to functionality so that “Tenant” can use and enjoy the house and continue occupancy as per their contract term.

Repair defined as “Critical”: The highlighted item in need of repair either reported at assessment performed by “The Company” or reported by “Tenant” is indeed “Critical” when the “Tenant” cannot use it or prevents the “Tenant” from enjoying the property in a safe way that does not harm their staying at the property.

Whenever the required repair exceeds a value of $500 MXN, a specialized contractor will be quoted with the preferred provider based on references and satisfactory previous experience using such provider. The cost quoted by such provider will be a passthrough to the owner, meaning there is no mark-up cost added to the quote received by the specialized provider to the “Owner”. 

Business hours: “The Company” “business hours” are 24×7 so that you have a partner that is dependable and ready when you need them the most.

2. Scope of Services: The scope of services is described by “Service Package”. A Service Package is a bundle of services that “The Company” will provide to “The Owner” as per the contracted level of “Service Package” as follows:

Bronze Package. Our Essential package that every homeowner looks after when renting out their property. This includes a “Property Assessment” the overall inspection of the Exterior of the house including the existence of power, gas, water, locks, light bulbs, power, windows, and doors, handles, doorbell, mosquito mesh, ensuring all items pertaining to the house is in livable conditions. Excluding attachments such as dish plates, surveillance cameras, alarm wiring (interior and exterior powered lines for alarms) Any special.

Silver Package. To reach and unprecedented value with our next-level offering that includes the Bronze Package plus additional activities such as the creation of the “Rental Agreement” or “Contract” for short term cleaning of the interior of the house, like dusting, and vacuuming/sweeping, mopping, cleaning bathrooms and kitchen up to 3 bedrooms, 2 bathrooms, living room, kitchen and dining room placing garbage out for collection. Cleaning service will be performed on a bi-weekly basis. This excludes the cleaning of upholstery and carpets, mattress, pet beds, and any other attachment to the house. 

Gold Package. Our most look-after level of service where we include the silver package extending the size of coverage for interior house cleaning up to 4 bedrooms, 3 bathrooms, living room, kitchen, dining room, garage and rooftop, interior and exterior window cleaning, garbage removal for collection and lawn maintenance.

Platinum Package. For the next level of care that includes the Gold Package level with the additional care of pool, jacuzzi and the check of pH levels.

3. Service Scheduling and Availability: Outline procedures for scheduling maintenance visits and response times for emergency repairs. Address any limitations on service availability, such as holidays or weekends.

Rental Limitations: “The Company” will manage the property listing campaign in social media, screening of candidates and processing of rental agreements without any weight in the selection of prospective tenants. The property owner is solely responsible to select the tenants to which their legally owned property will be rented out to. “The Company” will not be held liable in any way, or condition in case the new “Tenant” incurs in breach of contract due to any or all conditions considered in the rental agreement between the “Tenant” and the “Client”. 

Management Limitations: “The Company” has been selected to perform the Property Management duties as per the selected “Service Package” which contains services as described in each corresponding level of “Service Package”. “The Company” understands there are unique needs for which there could be a ” and Customized Service Package” that should be discussed between the “Client” and “The Company” in both scope price. 

Maintenance Limitations: “The Company” will perform the tasks described as per the “Service Package” level selected by the “Client”. In case there is a need to hire an experienced provider i.e. plumber, electrician, contractor or other; this will be proposed by “The Company” as referred “Specialized Provider”. “The Company” acts as the owner’s agent between “Specialized Provider” and “Owner”, managing the evaluation of condition, required repair, progress of repair and status report due back to the “Owner”, as well as payment follow-up between “Owner” and “Specialized Provider”. “The Company” will not be held liable as to the quality of craftsmanship, labor warranty, nor payment due to the “Specialized Provider”. “The Owner” can proceed to hire their own “Specialized Provider” and have “The Company” acting as the owner’s agent between “The Owner” and the owner’s “Specialized Provider” that will follow up progress and report of status of commissioned repaired between “The Owner” and their “Specialized Provider”.  In either case, “The Company” cannot be held liable as to the quality in craftsmanship, and, or completeness of the job performed by the “Specialized Provider” and “The Owner” agrees to make direct payment to the “Specialized Provider” as per their conditions. “The Company” acts as an agent between “The Owner” and “Specialized Provider” whether selected from the proposed preferred one by “The Company” or the one selected by “The Owner” and cannot be held liable due to misinterpretation, misunderstanding or other reason presented by either part. “The Company” acts in “good faith” and with the utmost level of integrity to represent the desires of “The Owner” and the proposed solution of the “Specialized Provider” to arrive at the outcome that solves the problem at hand. 

4. Fees and Payment: Service Packages pricing as per described in the Services section. Payment will be monthly as the Service Package selected is considered a subscription price. 

The cost of parts will always be additional and not part of the cost of the Service Package. The cost of parts will be presented to “The Owner” for review and in turn, an “Agree to Proceed” is required to purchase the parts. The cost presented is due to proceed with purchase of parts, meaning payment is required “in advance”. Payment is passed through to “The Owner” meaning there is no mark-up added to the price presented to “The Owner”.

No labor cost is due to “The Company” for any repairs that are assessed in value equal or less than $500.00 MXN. In case the repair is assessed at a higher value, a “Specialized Contractor” is required, and the conditions and payments will be performed as described in the pertaining “Specialized Contractor” section. 

Commuting Expenses are not included in the “Service Package” price, therefore; cost of applicable Travel Expenses will be presented to “The Owner” for reimbursement to “The Company”.

Fees: Your “Service Package” as selected in price level is due upon selection. Payment schedule is monthly, and you can pay through Venmo, PayPal, Zelle, and Direct Deposit bank transfer if using Mexican-based banks as follows:

Venmo: @EdithSB

PayPal: https://www.paypal.me/claireoceanproperty

Zelle: +1 954-899-1621

Exchange Rate to use if paying in local Mexico currency (Mexican Peso MXN) is the one published at the DOF as published at the date of purchase/payment. Diario Oficial de la Federación is at: https://www.dof.gob.mx/website/indicadores.php

Payments in Mexican Peso (MXN) can be deposited to:

NU MEXICO

Número CLABE: 638180010132505807

Número de cuenta: 01013250580

Nombre: Edith Guadalupe Sanchez Bermeo

5. Warranties and Disclaimers: Warranties offered for parts purchased at the local hardware store are as provided by the manufacturer or local hardware store. “The Company” provides no warranty on parts or labor. Warranty on craftsmanship is as stated and provided by “Specialized Provider” and communicated by “The Company”. 
6. Liability: “The Owner” agrees to enter into a contract to manage a rental property legally owned by “The Owner” by purchasing the desired level of “Service Package”, management “The Company” is not responsible for any damages to property and its contents (including furniture, draperies, art pieces, appliances, doors, walls, flooring, windows and all inventoried items pertaining to the house, construction or property being managed) derived by the use or misused of “Tenant”. “The Company” also is not liable for any damage caused by a “Specialized Provider” either proposed or hired directly by “The Owner”. “The Company” is responsible for the management of the property or properties of “The Owner”. Each property is unique in location, size, amenities, landscape, and furniture; therefore, each property needs to have their own “Service Package” contracted with “The Company” so that there is no confusion or assumption that one service or services will occur in a similar timely fashion as in another property. “The Company” is not liable for damages or losses resulting from maintenance services or repairs performed by “The Company” or “Specialized Providers”, acts of God or Force Majeure. 
7. Termination: Property owner agrees to provide a 30 to 90 days written notice before terminating the contract and final payment has been made without any pending dues either for performed work, or material purchased prior to termination.
8. Force Majeure: There may be circumstances which may prevent either “The Company” or “Specialized Providers” from performing their duties as scheduled such as natural disasters, labor strikes, social or political instability that deem not secured for “The Company” personnel to be present at the site where activities are required, in which case, a video or audio call promptly scheduled with “The Owner” to prepare and agree on activities of coordination, planning or other that do not require personnel deployment on-site. In case there’s re-scheduling of resources required, “The Company” will re-schedule resources accordingly.
9. Notices: All agreements, scheduled work, changes, re-schedule of resources, reviews and any other update will be promptly communicated by phone call on all matters required urgent attention and by email every progress report picture-proof of progress work and other activities as required by the “Service Package” or “Custom Service” as required. Please add info@claireocean.properties to your contacts so that “The Company” can communicate promptly with “The Customer”.
10. Entire Agreement: The present “Terms and Conditions” is an agreement that constitutes the complete understanding between the parties, superseding any prior agreements or representations.
11. Governing Law: The applicable jurisdiction and laws that will govern the interpretation and enforcement of the agreement are the ones pertaining to the municipality where the property is located.
12. Waiver: Any failure to enforce a provision of the agreement does not constitute a waiver of that provision.
13. Assignment: “The Owner” designates “The Company” as the party that manages all contracted aspects pertaining to manage the property at the contracted “Service Level” package and can only assign a “Specialized Provider” hired directly by “The Owner” to decide and perform contracted work or activities which should be described to “The Company” so that “The Company” can perform the management of activities desired and contracted by “The Owner” and under no circumstance “The Company” is obligated to fulfill such activities as the agreed activities were contracted between “The Owner” and the “Specialized Provider”. “The Company” will manage the progress of activities and report on progress status, managing the progress of the contracted activity. “The Company” will not designate any other third party to receive rights or obligations under this or other agreement.
14. Dispute Resolution: The preferred method for resolving disputes, such as mediation or arbitration, before resorting to litigation will be the prompt discussion of each and any arising issue to clarify any misunderstanding. 

Claire Ocean Properties © 2024