These terms and conditions (“Terms”) form a binding legal agreement between the Client and Kleaner for the completion of Service and shall prevail over any other agreement, documentation or communication whatsoever between the parties.
The Parties note and acknowledge that: KLEAN is not an employer or contracting agency of the Kleaner and operates purely as a facilitator of the service transaction between the Client and the Kleaner; and when a Client books a Service on the KLEAN marketplace and it is accepted by a Kleaner the parties are entering into a direct contract with each other and that KLEAN is not a party these Terms or any agreement entered into between a Client and Kleaner. The Client andKleaner are free to alter or modify the Terms as they wish by mutual, expressagreement in writing or otherwise. Except as expressly stated in these Terms orthose statutory warranties which apply to Consumers, all warranties whetherexpress or implied, by operation of law or otherwise, are hereby excluded inrelation to the Service, Additional Work and materials to be provided by theKleaner.
The Client shall use the KLEAN marketplace to book a Service it wishes to be carried out and at such time shall provide details of the requested date and time for such Service to be completed.
Kleaners may accept and agree to carry out Services they are notified of via the KLEAN marketplace.
Once a Service has been accepted by a Kleaner, the Kleaner will in most cases comply with the date and time requested by the Client but in exceptional circumstances reserves the right to offer an alternative date or time if they are unable to comply with the original requirements set out by the Client.
The Client is not obliged to accept the new date and time proposed by the Kleaner, and if it does not find it convenient, the Client can contact KLEAN to request a reallocation to a different Kleaner.
In providing the Services to the Client, the Kleaner shall: undertake the Services with acceptable care and skill; take all necessary steps to avoid any loss and/or damage to the Client’s property; deliver the Services in a manner, to the greatest extent possible, which gives the desired results as agreed by the Parties; utilize the Duration effectively and efficiently in providing the Services; and eliver the Services in accordance with the Client’s booking
The Client shall provide the Cleaning Products and Equipment if they have chosen to do so at the time of booking.
Kleaner hereby confirms to the Client that it shall, and shall procure that its employees and subcontractors shall: inform the Client promptly of any delays; complete the Service (and any Additional Work) as specified, to the standards and timescales agreed with the Client and using due skill, care and diligence in accordance with the good industry practice, which as a minimum shall mean the standard of skill, care, knowledge, timeliness and foresight which would reasonably and ordinarily be expected from an experienced person engaged in providing services which are the same as or similar to those required to complete the Service or Additional Work; use quality materials, standards and techniques and ensure that all materials supplied and used are free from defects in workmanship, installation and design; provide all equipment, tools and vehicles and such other materials and items as are required to complete the Service or Additional Works (other than in respect of cleaning Services whereby the Client is expected to provide you with the needed supplies); provide the Client with a 30 day warranty in respect of all work undertaken in completing the Service or Additional Work; hold valid and current Insurance Policies; and comply with all applicable laws and regulations.
The Kleaner warrants that any products or materials that it, its employees or subcontractors supply in completing the Service will comply with any description the Kleaner or its employees or subcontractors provide; andits employees and subcontractors will advise the Client, as to what action, precautions and care must be taken in respect of any gases, oxidizing, corrosive, toxic, explosive, flammable, dangerous, harmful, hazardous noxious or poisonous substances that have been used to carry out the Service.
The Kleaner, its employees or Subcontractor (as applicable) will take reasonable steps to: protect furniture, floor coverings and the Client’s items; and maintain security in the property, whilst they are carrying out the Service.
The Client hereby confirms to the Kleaner that he/she shall: co‐operate with the Kleaner, its employees or subcontractors in all matters relating to the Service; provide access to the property for the duration that the Kleaner, its employees or subcontractors require for the Service to be carried out; where applicable, ensure that the area is clear, free of furniture and the Client’s other items; be responsible for any work previously performed (whether correctly or not) at the property; inform the Kleaner, its employees or subcontractors where they know or have any suspicion that there: is asbestos or any other hazardous substance in the area where Service is to be carried out; are issues relating to low pressure of water or gas; or is an issue or any other concern relating to any utility services, systems or appliances on the Property; and be available as the Service is concluded to enable the Kleaner, its employees or subcontractors to provide any information and advice regarding the Service as required, and the Kleaner reserves its right to adjust the fee, date and time for starting or completing the Service if the Property are not clear or otherwise ready for the Service to commence.
Where the Client has supplied any measurements, their accuracy remains the sole responsibility of the Client and the Client will be solely responsible for any expenses incurred because of any inaccuracy or problems arising because of the measurements.
The Client hereby agrees that he/she will be solely responsible for: replacing any items removed to enable the Service to be completed; and any redecoration required after the Service has been completed (although the Kleaner should alert the Client in advance that such redecoration works will be required)
If for any reason, the Kleaner leaves the property prior to the scheduled end of the Service, the Kleaner must notify KLEAN as soon as practicable. If the Client allows the Kleaner or requests that the Kleaner leave before the end of the booked time the Client will pay for the booked duration with no time reductions.
If the Kleaner does not complete the Services within the tiem, it must notify KLEAN immediately that the Services were not completed and the reason for noncompletion. KLEAN, acting reasonably, will assist the Parties to determine whether the Booking should be extended, or a new Booking should be made. If the Parties cannot agree, the Kleaner should leave the property at the scheduled end of the Service.
The Kleaner is hereby entitled to appoint an employee or a subcontractor to carry out a Service and will supply details of such employee or subcontractor following a written request from the Client.
Where a Kleaner appoints an employee or subcontractor to carry out a Service such Kleaner shall: use employees and / or subcontractors who are suitably skilled and experienced to complete the Service; procure that such party is bound by these Terms; and remain liable for any breach of these Terms committed by such employee or subcontractor.
If on arrival at the property the Kleaner, its employee or subcontractor deems: that Additional Work is required; or Cost and Expenses need to be incurred, to enable the Service to be completed, the Client and Kleaner shall agree the scope of, and the Additional Payment for, such Additional Work and/or Costs and Expenses before the work to perform the Service is commenced. Payment for such Additional Work can be made via the KLEAN marketplace or directly to the Kleaner but in any event must be agreed and paid before the Service is completed via the KLEAN marketplace.
If the Client wishes to change the scope or nature of the Service this shall be deemed to be Additional Services and the Client shall submit details of the requested Additional Services via the KLEAN marketplace, which the Kleaner can then accept through the KLEAN marketplace prior to carrying out such services.
Client may: in certain circumstances; and subject to the cancellation terms and charges which are set out in the terms and conditions of usage of the KLEAN marketplace ,cancel a Service without charge. For the avoidance of doubt a Client may not cancel any Service without being liable for a cancellation fee where at their request the Service has been commenced.
If the Kleaner arrives at the Property and is unable to contact the Client or gain access to the Property they will message and attempt to contact the Client for 20 minutes, after which the Client will be charged a fee.
On completion of the Service, the Client is responsible for completing all necessary checks to ensure that the Service has been completed in a satisfactory manner.
The Client may notify the Kleaner of any part of the Service that does not materially comply with the standards, provided that notice of rejection is given to the Kleanerwithin two (2) days of such defect having become apparent and within areasonable period of receipt of such notice (not longer than 7 days), theKleaner shall inspect the Service to determine whether such rejection is valid.
Any complaints by the Client must be submitted in writing to KLEAN (at firstname.lastname@example.org or via the KLEAN marketplace) or the Kleaner’s email address which can be obtained from KLEAN. In certain circumstances, and at its sole discretion, KLEAN may act as a mediator in respect of a complaint.
If the Client fails to give notice of rejection in accordance, it shall be deemed to have accepted the Service.
If the Client notifies the Kleaner and such Service is subsequently found by the Kleaner not to have been adequately completed, then notwithstanding any right or entitlement the Client may have the Client shall be entitled to: a repair, rectification or replacement of the rejected/inadequate Service; or a refund of that proportion of the Fee that was payable in respect of the inadequately completed part of Service.
Once the Kleaner has complied with the Client’s request, it shall have no further liability to the Client in respect of the rejected Service.
The Kleaner shall not be liable for a breach of any of the warranties that apply to the Service if: the Client makes any further use of the part of the Service which is the subject of dispute once he/she has become aware of the defect; or the defect arises because the Client failed to follow the Kleaner's oral or written instructions as to the installation, commissioning, use or maintenance of an item installed as part of a Service or good trade and industry practice; or the Client alters or repairs such item without the express prior written consent of the Kleaner; or the Client uses the item for a purpose for which it was not designed or intended for unless the Kleaner has expressly warranted that it is fit for the Client’s purpose.
Neither the Kleaner nor its employees or subcontractors shall be liable for: any defect in the Service arising from fair wear and tear, willful damage, accident, negligence by the Client or any third party, or if the Client fails to follow the Kleaner’s instructions (or those of its employees orsubcontractors), or any alteration or repair the Client carries out without theKleaner’s prior written approval; or the costs ofrepairing or replacing parts of any existing pipes and/or system whichsubsequently develop faults after new products are connected. Nor will theKleaner its employees or subcontractors accept any liability where the Client’spipes and/or system do not function properly because the Client’s gas or watersupply becomes inadequate or the water pressure is variable, unless theKleaner, its employees or subcontractors have been wholly negligent in the waythey carried out the Service.
The Client should notify KLEAN of any damage caused by the Kleaner to the Client’s property as soon as practicable, but no later than 24 hours after the completion of the Services.
Notwithstanding any other term in this Agreement, the Client acknowledges that the emergency nature of certain types of Services mean that there may be: some defects in completion of the Service; and/or an increase in the cost of materials parts and/or supplies which have to be used, in comparison to similar Services being performed in non‐emergency situations.
The Client therefore agrees that unless such defects have a material impact on the Service, the Kleaner shall be deemed to have satisfactorily complied with the Service and shall have no liability to the Client. However, if such defect affects more than twenty five per cent (25%) of the work performed as part ofthe Service or has a material impact on the Service, the Kleaner shall re‐performsuch affected proportion of the Service.
In consideration of the Kleaner agreeing to carry out the Service, the Client shall: pay the Fee as set out on the KLEAN marketplace together with any Additional Payments (if any); and be subject to the cancellation terms and charges which are set out in the terms and conditions of usage of the KLEAN marketplace.
KLEAN, on behalf of the Kleaner will effect the automatic debit of the Payment Amount to the Client’s nominated payment method in accordance with the Website Terms and Conditions.
KLEAN will issue the Client with an invoice in the Kleaner’s name.
If the Client fails, for any reason to accept the completion of the Service when it has been properly completed by the Kleaner, the Service shall be deemed to have been satisfactorily performed and completed and the Client shall be liable for the full Fee without reduction or discount.
If the Kleaner's performance of its obligations under these Terms is prevented or delayed by any act oromission of the Client; or any person acting on behalf of the Client, theKleaner shall not be liable for any costs, charges or losses sustained orincurred by the Client that arise directly or indirectly from such preventionor delay.The Client shall pay the Fee and Additional Payments without any deduction whether by way of set‐off,counterclaim or otherwise. No payment shall be deemed to have been receiveduntil KLEAN has acknowledged receipt in full and cleared funds.
All payments shall be made via KLEAN marketplace, except for payments for Additional Work which may be made via the KLEAN marketplace or in cash (on production of a valid receipt) to the Kleaner.
Charges will be inclusive of applicable taxes where required by law.
Should the Client be entitled to a refund as a result of a breach of this Agreement by the Kleaner, the refund will be limited to the Payment Amount.
Nothing in the Agreement excludes or limits the liability of the Kleaner: for death or personal injury caused by the Kleaner's negligence (or the negligence of its employees or subcontractors); or for fraud or fraudulent misrepresentation; or for any matter which it would be illegal for the Kleaner to exclude or attempt to exclude its liability.
Neither the Kleaner nor its employees or subcontractors, shall not be liable for any: indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or Kleaner whatsoever suffered by the Client; or delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control including, but not limited to, acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Kleaner shall be entitled to a reasonable extension of its obligations.
If, by reason of any event of Force Majeure which was outside the control of a Party resulting in the delay in, or prevention from, performing any of the provisions of this Agreement: then such delay of performance shall not bedeemed to be a breach of this Agreement; no loss or damage shall be claimed bya Party from the other by reason thereof; and the Parties shall use their best endeavours to minimise and reduceany period of suspension occasioned by any event of Force Majeure.
An event of Force Majeure shall mean and include fire, flood, casualty, lock out, strike, labour condition or industrial action of any kind, unavoidable accident, national calamity or riot, disease, act of God, the enactment of any act of Parliament or the act of any legally constituted authority, any cause or event arising out of or attributable to war or any other cause or event (whether of a similar or dissimilar nature), outside the control of the Parties.
If any term or condition of these Terms and Conditions is held to be illegal or unenforceable such provisions shall be severed and the remainder of these Terms and Conditions shall remain in full force and effect unless the Kleaner purpose of these Terms and Conditions is substantially frustrated, in which case it shall terminate without giving rise to further liability.
These Terms shall be governed by, and construed and enforced in accordance with the laws of Republic of Latvia, without regard to the choice of conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the KLEAN marketplaceshall be subject to the exclusive jurisdiction of the courts of Latvia to whichyou hereby submit.