These terms and conditions cover the rights and responsibilities between you, as a UK user, and Cleanily Limited, a company incorporated in the United Kingdom under registration number 09380363 in respect of any services of selected third-party service providers (the “Professionals”) offered for booking via our website www.cleanily.com (the “Website”). We refer to the Website as the “Cleanily Platform”. We recommend that you print, or otherwise retain, these terms and conditions for future reference.
- Introduction
a. The Cleanily Platform allows you to book and pay for cleaning services from our Professionals (“Services”). The Services are provided by our Professionals, and not by us. b. When you make a booking, you create two legal contracts: (i) A contract with us, under which we have certain responsibilities to you in relation to the booking and payment process. That contract is made on these Booking Terms and Conditions. We are responsible for taking your bookings and passing those on to the relevant Professionals, and for dealing with payments made by you in relation to those bookings. (ii) A contract between the relevant Professional in respect of the provision of the Services which you book via the Cleanily Platform. The Services which you book via the Cleanily Platform are the responsibility of the Professional which provides them. We act as booking agent for Professionals, therefore we are not responsible or liable to you for the actual Services that are booked through the Cleanily Platform. b. Because these two contracts are separate, please do not rely on any promises or claims written or verbally made by a Professional to the extent that they purport to bind us to any additional or supplementary terms. c. We may amend these Booking Terms and Conditions from time to time. You should check these Booking Terms and Conditions each time you wish to make a booking via the Cleanily Platform, to make sure that you understand the terms which will apply at that time. d. We advise that you exercise caution and common sense to protect your personal safety and property, as you would when interacting with any person whom you do not know. We have undertaken vetting procedures and an identity check based on identifying documents.However, we do not guarantee that a Cleaning Professional allocated to you will be suitable for your purposes and that you use Cleaning Professionals at your own risk.
- Making a Booking
a. You may only make a booking if you are aged over the age of 18. b. You may only make a booking for your personal use, or for the use of a person, including a company or other organisation which you are authorised to represent. c. You can make a booking by email or phone, requesting the number of hours required (or part thereof), and the time and date for those Services to be provided via the Cleanily Platform (“Order”). d. Once these details have been agreed, we will send you an email acknowledging receipt of that booking and a link to enter card details and agreement to these Terms and Conditions (“Order Confirmation”). The Order is subject to such confirmation, and the contract between you and the Professional will be formed only when you are sent the Order Confirmation. e. Where you are unable to provide card details, we may agree to provide credit terms. In these circumstances, we will make a loan to the Professional for the cost of the Services provided to you by them. The timing for the recovery of these funds will be individually agreed at the time of booking. f. If you order a Service to repeat on a regular basis (“Recurrent Service”), we will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency you have requested. We cannot guarantee that the same Professional will attend each Recurrent Service appointment (although we will inform you where this is the case) or that Recurrent Service appointments will not be cancelled. See clause 4 for further information about your rights if we cancel. g. You must treat Professionals courteously and lawfully, and ensure that the location in which they will be providing the Services is safe and appropriate working environment for the Professional, in compliance with all applicable laws and regulations. h. If you are a consumer, you have legal rights in relation to Services that are faulty or not as described. Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards office. Nothing in these Booking Terms and Conditions will affect these legal rights.
- Payment
a. The price of a Service will be as quoted on the Cleanily Platform from time to time, based upon an hourly rate (or part thereof). Prices are subject to change at any time, but any such change will not affect Orders in respect of which you have already been sent an Order Confirmation prior to the date the change is published unless such Order is for a Recurrent Service. If you have booked a Recurrent Service you will be notified of any price increase prior to any such price increase taking effect. If you do not agree to such a price increase, you may cancel the Recurrent Service without further liability to us provided you give us at least 24 hours’ notice. If you do not cancel the Recurrent Service following such notification of any price increase, such action shall be deemed your acceptance of the increased price. b. Prices include VAT where applicable unless it is stated otherwise on the relevant page in relation to the relevant Services on the Cleanily Platform. c. Payment for Services must be made 24 hours after the completion of the Services in pounds sterling by credit or debit card, using our online payment facility. You will be responsible for protecting the confidentiality of your username and any password or other security information used by you to access this payment facility and/or the Cleanily Platform. d. We take reasonable care to provide a functioning payment facility at all times, but cannot guarantee continuous, uninterrupted or secure access to such payment facility, nor can we guarantee that the facility is virus or error free. We also try to ensure that your payments are processed promptly, but it is often difficult to predict the amount of time needed to complete processing because it is dependent on many factors outside our control, such as delays in the banking system or in card networks. Access to our payment facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions and will do what we can to restore the facility as soon as reasonably possible. e. Cleanily Processing Fee. If you place an Order through the Cleanily Platform, Cleanily may charge an additional non-refundable “Processing Fee” that shall cover without limitation any costs related to background checks, insurance, customer support and related services provided to you by the Cleanily Platform. The Processing Fee will be applied to each appointment of a Service requested through the Cleanily Platform (e.g., if you requested a Recurrent Service, a Processing Fee may be assessed on each Recurrent Service appointment.). The Cleanily Processing Fee is included within the hourly rate quoted on the website. f. By accepting this Agreement, you are giving Cleanily (or a third-party payment processor on Cleanily’s behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Cleanily. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Cleanily at the prices in effect when such charges are incurred.
- Cancellation
a. In addition to your other legal rights as a consumer, you have the right to cancel an Order. b. If you wish to change the details of, or cancel, the Service you have ordered after you have received the Order Confirmation, please contact us immediately through help@cleanily.com c. If you cancel the Order (in whole or in part): (i) less than 2 hours in advance, we shall require full payment of the Service; (ii) less than 12 hours in advance but more than 2 hours, you shall be entitled to a refund less the sum of £10 by way of an agreed cancellation fee; and (iii) on at least 24 hours in advance, you can get a refund of the applicable amount via the original method of payment d. Please note that no refund or credit note will be given where a cancellation is attempted when the Services are due to take place within 2 hours of the request to cancel. e. If the Professional requests to change the details of, or cancel, the Services you have ordered after you have received the Order Confirmation, we will seek to allocate another Professional to perform those Services for you in accordance with the original Order. However, we cannot guarantee that this will be possible in every case.
- Liability
The Services which you book via the Cleanily Platform are the responsibility of the Professional who provides them. We are not responsible or liable to you for the actual Services provided by the Professional that are booked through the Cleanily Platform to the fullest extent permissible by law.
a) Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. b) You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself. c) Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where: i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents; ii) such loss or damage was not reasonably foreseeable by both parties; iii) such loss or damage is caused by you, for example by not complying with this agreement; or d) If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Website (subject of course to our obligation to mitigate any losses). e) The following clauses apply only if you are not a Consumer: f) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents. g) Our liability of any kind (including our own negligence) with respect to our Website for any one event or series of related events is limited to £100 or the total fees payable by you in the 12 months before the event(s) complained of, whichever is higher. h) In no event (including our own negligence) will we be liable for any: i) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); ii) loss of goodwill or reputation; iii) special, indirect or consequential losses; or iv) damage to or loss of data (even if we have been advised of the possibility of such losses). i) You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Website and/or breach of this agreement. j) This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
- Changes to the Terms and Conditions
From time to time we may change these Terms and Conditions.
- Intellectual property rights
a) All trade marks, logos, graphics, images, photographs, animation, videos, text and software used on the Website are our intellectual property or that of our partners. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
b) For the avoidance of doubt you may not collect, scrape or harvest any Content on our Website or deep-link to or frame Content on our Website without our specific prior written consent.
c) You must not circumvent or otherwise interfere with any security related features of the Website or features that limit or prevent copying of Content or which restrict use of Content.
d) If you publish any Content on our Website, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt or display such Content on our Website. You also grant each User a licence to use your Content to the extent permitted by the functionality of the Website and these terms and conditions.
- Third party websites
a) We may link to third party websites, which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.
- English Law
These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
- General
We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
- Breakages
You should notify us of any claim within 72 hours of your last clean. Note that submission of claim does not guarantee a reimbursement of any kind and that we do not reimburse for damage caused to windows, articles of glass, china porcelain, earthenware, stone or other articles of a brittle nature. We reserve the right to fix an item instead of replacing it. Cleanily will require proof of purchase and proof of damage before we can settle any claim. We will determine the market value of damaged item based on purchase price, date purchased, the current condition of the item, and the cost to fix the item. This does not always equal the value to replace it with a new item. Without proof of purchase, we can only pay up to 25% of the market value. Neither Cleanily nor its insurers shall be liable for the first £250 of any claim nor for any claim of £250 or less in value.
- Complaints
We take complaints very seriously indeed. If there is any aspect of our cleaning service that you are not happy with, please let us know immediately and we will use our best endeavours to put it right.
