Website T&C Of Use

25/03/2017| admin | Terms & Conditions, Uncategorized

WEBSITE TERMS AND CONDITIONS OF USE

Please read carefully before using this website and print a copy for your records

These Website Terms and Conditions of use (these Terms) are the terms and conditions under which you may use the firstmaid.co.uk website (the Website). They also govern your relationship with us when seeking a provider of cleaning services (Cleaning) or when you apply to provide Cleaning Services.

Please read these Terms carefully. As part of the registration process you will be required to show that you have read and understood these Terms by ticking a box when registering to use the Website. If you do not accept these Terms, you should not complete the registration process and should no longer continue to use this Website.

DEFINITIONS

We are Firstly Limited registered in England and Wales with company number 10556806.

Registered Office: 9 Bishops Close, Poulton-le-Fylde, FY6 7GF, Lancashire

Business Office: As above

Email: hello@firstmaid.co.uk

Website: www.firstmaid.co.uk

References to we, our, us in these Terms are shall mean Firstly Limited.
Reference to the Cleaner shall mean the person seeking to or providing Cleaning Services
References to the Client shall mean the person seeking Cleaning Services
Cleaning Services shall mean the specific services agreed between the Client and the Cleaner and shall consist of the cleaning of domestic premises, and other associated specialist deep cleaning services.
Registered user shall mean Clients and Cleaners who have registered to use the website

RELATIONSHIP BETWEEN THE PARTIES

Any agreement between a Client and a Cleaner for the Cleaner to perform Cleaning Services and the Client to pay the Cleaner takes the form of a contract between those two parties and we are not a party to that contract. Payment is made by the Client to the Cleaner using our payment platform. We will deal with this payment in accordance with these Terms.

Nothing contained in these Terms shall create a relationship of employer and employee or partnership between Cleaner and us and nothing contained in these Terms shall create a relationship of employer and employee between Clients and Cleaner.

If the Cleaner is subsequently deemed an employee of either us or the Client then the Cleaner shall be responsible for payment of any tax or National Insurance payments due from us or the Client to the relevant authorities and shall indemnify both us and the Client against any loss suffered or cost incurred as a result of the Cleaner becoming an employee.

REGISTRATION

By registering to use the Website you confirm that you:

understand and accept these Terms;
are resident in the United Kingdom;
are legally capable of entering into binding contracts; and
are at least 18 years old.

You agree to:

provide true, accurate, current and complete information about yourself and as prompted by the Website’s registration form (the Registration Data); and
maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

Once you have registered you will be a Registered User of the Website. Registered Users may request Cleaning Services as required or may apply to supply Cleaning Services as applicable. These Terms apply irrespective of which of these roles you perform.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect the same, or if you commit any breach of these Terms or do anything that we, in our absolute discretion, believe may damage our reputation or that of the Website or put any of our Registered Users at risk, we have the right to suspend or terminate your account and refuse any and all current or future use of any part of or the entire Website without notice or liability to you.

USE OF REGISTRATION DATA

We may use your Registration Data to administer your usage of the Website and, if you agree, to provide marketing communications. You may opt out of the usage of your Registration Data for marketing communications at any time by contacting us at the email address set out in the definitions.

Cleaners agree that their Registration Data may be shared with Clients who are looking for Cleaning Services which we consider you may be able to provide. This is to allow Clients to make a decision on booking services based on this information.

Clients agree that their Registration Data may be shared with any Cleaners with whom you initiate communications and contract for the provision of Cleaning Services. This is because each Cleaner may make a decision to accept or reject a booking based on this information.

We will not, except as set out in these Terms, disclose confidential or sensitive information about you to other Registered Users or third parties without your consent except where obliged to do so by UK law.

CLEANERS OBLIGATIONS

You will notify us of any changes to the Registration Details in writing, by email. This is especially important for Cleaners to keep us updated about your availability to provide Cleaning Services.

You will regularly monitor the contact email address and telephone number you have registered with us and will respond promptly to any contact from us or from Clients.

You will provide Cleaning Services using reasonable care and skill. You will have the right to determine how the work shall be carried out but agree to give consideration to any reasonable requests from the Client in respect of the cleaning materials to be used, for example to use organic or hypo-allergenic cleaning materials.

You will arrive promptly to provide any Cleaning Services which you have agreed to provide and will notify the Client in advance where you will be late or are unable to provide the Cleaning Services which you have agreed to provide.

You will notify us immediately should any cleaning visits you have accepted not be carried out in full or in part.

You will keep information about other Registered Users confidential.

CLEANING SERVICES REQUIREMENTS

5.1 Requesting Cleaning Services

When you request the provision of Cleaning Services from a Cleaner the Cleaner will rely on the Cleaning Services Description and on any information you may provide before the Cleaning Services are performed. These should contain true, accurate, current and complete information about the Cleaning Services required, including the location and date when it is required.

You will provide a safe working environment for Cleaning Services to be provided. If you require the Cleaner to use your own equipment or products no special skills or training must be required to do so and they must be safe for the Cleaner to use. The Cleaner will not be responsible for failure or damage to or by equipment provided by the Client.

You agree to pay the Fee specified on the quote provided for the provision of the Cleaning Services you require.

You agree that the Cleaner will not be requested to provide services beyond the Cleaning Services requested. If the actual requirements do not match the Cleaning Services requested, you understand that a Cleaner may refuse to continue providing services and the cancellation fee may be charged/

You agree that should you require the cleaner to collect keys or materials, or to wait to be provided with access to the cleaning location the time taken will be chargeable at the standard hourly rate set out on the Website.

You agree to make power and water available to the Cleaner for the purpose of the cleaning visit.

You agree that if you cannot provide onsite parking or there is no free on street parking within a reasonable distance the cost of parking will be added to the Fee.

You will not book and cancel bookings in a way that would prevent the Cleaner from accepting other bookings.

You accept that we cannot guarantee to be able to find a Cleaner who is willing to provide the Cleaning Services you require and that it is at the sole discretion of each Cleaner whether to accept or reject a booking for any reason.

You understand that we cannot guarantee that a Cleaner who is prepared to provide the Cleaning Services will be suitable for your requirements.

You understand that the Cleaner has a right to send a substitute to provide the Cleaning Services if they are unable or unwilling to provide the services personally.

You acknowledge that we may at our absolute discretion refuse to continue allowing you to book Cleaning Services from Cleaners registered with us.

5.2 Providing Cleaning Services

If you wish to apply to become a Cleaner registered with the Website, you must submit an application to us. To do this you may complete the form on the website or contact us by email providing your name, address and email address and complete the registration form we send you. to It is at our complete discretion whether we invite you for an interview, determine that you have passed the interview, or otherwise permit you to become a Registered User able to provide Cleaning Services via the Website.

You accept that we cannot guarantee that suitable opportunities to provide Cleaning Services will be available for you.

You agree that nothing in any communications between you and the other Registered User shall vary the specification of the Cleaning Services or the Fee.

Should a Cleaner choose to accept a booking request, we will confirm times to the client and to the Cleaner. Acceptance of the booking request by the Cleaner shall be confirmation of a legally binding acceptance, which forms a contract between the Cleaner and the Client (the Contract). For the avoidance of doubt, we shall not under any circumstances be a party to the Contract.

It is recommended that when an assignment is agreed between a Client and a Cleaner that the Contract between them shall be as published on this website at https://firstmaid.co.uk/contract

You acknowledge that we do not check or verify any details submitted by Clients and that we cannot guarantee that the information provided in their profiles or description of Cleaning Services required are correct.

Under no circumstances should you agree that any payment or other form of consideration in respect of providing Cleaning Services shall pass between you and the other Registered User except via us. The Fee must be paid in accordance with these Terms. In the event that you and the other Registered User wish to agree that repayment should be made in respect of any additional costs incurred by you (for example in respect of purchases of specialist cleaning materials required) it is for you to agree the method of that repayment and is not our responsibility.

The Cleaner acknowledges that in certain circumstances we may in our discretion make a refund of the Fee (including any element deducted as our Commission) to the Client, Cleaners agree that we may do so by taking payment from your account with our payment service provider. In the event that such a payment is refused the Cleaner shall immediately make full payment to us of the Fee.

5.3 Performance of the Cleaning Services

Once a request for Cleaning Services has been accepted by a Cleaner, the Cleaner will perform the Cleaning Services required. For the avoidance of doubt, we are not involved in the performance of the Cleaning Services or in management, direction, supervision control or monitoring the agreed Cleaning Services, save that the Client and Cleaner arrange the time and location of the booking using our services.

Should the cleaner not be able to gain access to the property within a reasonable time after the stated estimated arrival time, the booking will be treated as a cancellation and cancellation charges will apply as in Clause 5.4

We have no control over the quality, timing or any other aspect whatsoever relating to the Cleaning Services provided and how it is performed by Cleaner, nor as to the integrity, responsibility or the actions or omissions of any Registered Users.

5.4 Cancellations

No charge will be made for cancellation or changes to a booking so long as the Client provides at least 1 full working day of notice. For the avoidance of doubt, Sundays and public holidays shall never be considered working days. When a small fee has been collected for the purpose of payment card verification this will not be refundable following a cancellation by the Client.

Cancellations with less than 1 full working day of notice, including requests to rebook for a different day or time, will be subject to a cancellation fee equivalent to 30% of the total booking cost or £25.00 minimum charge, whichever shall be greater.

PAYMENT OF THE FEE

The Fee includes the money due to us for the provision of the Website and other services in accordance with these Terms (the Commission). Payment will be net of any Commission due to us and any fees applied by the payment service provider.

All Fees are paid via the designated secure payments platform. As part of the booking process, the Client will be required to pay either a 25% deposit or a token fee of £1 to verify card details. Should a deposit be required this will be specified within the Quote. Deposits are refundable as set out in Clause 5.4. Any remaining balance due to the Cleaner will be collected from the registered account on the day of or reasonably soon after the cleaning visit.

If a Client, within a reasonable period after the Cleaning Services have been carried out, makes a complaint about the Cleaning Services provided by a Cleaner or that the Cleaning Services was not in fact provided we may in our absolute discretion refund the entire amount of the Fee to the Client. Clients should check they are satisfied with the quality of cleaning at the end of each visit so the Cleaner may address any issues immediately. When it is not possible to perform such checks at the end of the cleaning visit they should be carried out as soon as reasonably possible. Registered Users acknowledge that it is at our discretion to determine when a refund to a Client may be due.

DISPUTES

We merely offer a facility for Registered Users to locate each other and to process payments and we are not obliged to have any involvement in any dispute between Registered Users. Nevertheless, in the event that a dispute arises, we recommend that Registered Users should first try to resolve the dispute themselves. If a concern or complaint is raised with us, it is in our absolute discretion what action we deem appropriate to take.

Disputes regarding payment of the Payment to the Cleaner are governed by clause 6.

SAFETY

We do not verify the identities of any Clients and we are not responsible to you should any Registered User give inaccurate information to you.

You are responsible for your own personal safety when meeting a Registered User and we hope that you would take all precautions you would normally take when meeting anyone for the first time.

You take all responsibility for contact between you and another Registered User, acknowledge to us that such contact is at your own risk and that we are not responsible for any such contact.

USING THE WEBSITE

9.1 Availability

From time to time the Website may be unavailable if we carry out routine maintenance or repairs or due to the unavailability or failure of the internet. We do not give any promise that the Website or the service it provides will be available for you to access, will continue uninterrupted or error-free or will remain unchanged.

9.2 Prohibited uses

You may not use the Website in any way that breaches any applicable laws or regulations;

that may damage our reputation or that of the Website;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

You also agree:

not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of these Terms;

9.3 Copyright

All material on the Website is protected by copyright

No part of the Website may be reproduced, transmitted to, or stored on any other website or in any other form of electronic medium without our express written consent.

9.4 Content of the Website

We will use our reasonable endeavours to ensure that the information on the Website is accurate and complete.

OUR LIABILITY

You acknowledge that where you agree to perform Cleaning Services or to engage a Registered User to perform Cleaning Services this is an agreement between you and the other Registered User and we shall not be a party to that agreement or have any liability in relation to it.

You shall not involve us in any proceedings or other dispute between you and any other Registered User. You agree to indemnify us and hold us harmless in respect of any loss, damage or costs we incur as a result of becoming involved in any dispute between you and another Registered User.

Our liability for any losses you suffer as a result of our breaking this agreement is strictly limited to:

if you are a Client and the breach is in respect of particular Cleaning Services, the Fee that you paid in respect of that Cleaning Services; or
in any other case, £100.

We are not responsible for indirect losses (even if foreseeable) which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us. We shall not be liable for:

loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data; or
waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.

Nothing in these Terms shall limit in any way our liability for:

death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation; or
any other matter for which it would be illegal for us to limit or exclude, or attempt to limit or exclude, our liability.

NON-SOLICITATION

Registered Users shall not:

if a Client, within 12 months after the later of receiving contact details of a Cleaner or last engaging the Cleaner, employ or engage (as an independent contractor or on any other basis), or offer to employ or engage, in any way any Cleaner who has been introduced to you by us, whether to perform Cleaning Services or for any other reason, other than via us, and in accordance with these Terms;
if a Cleaner, within 12 months after the later of receiving contact details of a Client or last providing Cleaning Services to that Client become employed or engaged (as an independent contractor or on any other basis) or offer to become employed or engaged, in any way by any Client who has been introduced to you by us, whether to perform Cleaning Services or for any other reason, other than via us and in accordance with these Terms.

This clause shall not apply where you came into contact with the Registered User other than through this Website and were not aware, and could not reasonably have been expected to be aware, that that person was a Registered User of the Website.

If you breach this clause you shall disclose to us all details relating to the agreement between you and the other Registered User and you shall make payment to us of the Fee that would otherwise have been payable had you engaged (or been engaged by) the Registered User through us in accordance with the Terms. In the case where both the engaging and engaged parties are liable under this clause, liability shall be joint and several.

WRITTEN COMMUNICATIONS

When using our site, you accept that communication with us will be mainly by email or telephone. For contractual purposes, you agree to these means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you by email comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

NOTICES

All notices given by you to us must be given to the address or email set out in the definitions above. We may give notice to you at either the email or postal address you provide to us when registering (or such updated email address or postal address as you may provide to us from time to time). Notice will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such e-mail was sent to the specified email address of the addressee.

TRANSFER OF RIGHTS AND OBLIGATIONS

The contract between you and us is binding on you and us and on our respective successors and assignees. A Cleaner may arrange for a third party to carry out Cleaning Services which the Cleaner has agreed to provide if the Cleaner is unable or unwilling to carry out the Cleaning Service personally. A Client may not arrange for any Cleaning Services which the Cleaner has agreed to provide to be provided to any person other than the Client.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.

Our performance under these Terms is deemed to be suspended for the period that the event continues and we will have an extension of time for performance for the duration of that period. Where applicable we will use our reasonable endeavours to bring the event to a close or to find a solution by which our obligations under these Terms may be performed despite the event.

WAIVER OF RIGHTS

If we fail, at any time, to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

SEVERABILITY

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us.

We each acknowledge that, in entering into these Terms, neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to these Terms or not) other than as expressly set out in these Terms.

Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.

OUR RIGHT TO VARY THESE TERMS

We have the right to revise and amend these Terms from time to time without notice to you.

You will be subject to the policies and terms and conditions in force at the time that you post, apply for or accept Cleaning Services, or otherwise access the Website, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to Cleaning Services previously posted, applied for or accepted by you).

LAW AND JURISDICTION

Even though this contract is concluded over the internet, all parties agree that it has been concluded in England in writing. This contract and any associated non-contractual disputes or claims, are governed by English law and are subject to the jurisdiction of the English courts.

OUR PRIVACY POLICY

Personal Information

When you use the Website, in particular if you are a Registered User, you may provide us with personal information about you such as your name, address, date of birth, telephone numbers and email address (Personal Information). We are committed to protecting your privacy, and will only use your Personal Information in accordance with the Data Protection Act 1998 and any other relevant laws and regulations.

You are entitled by law to ask for a copy of your Personal Information at any time by writing to us at the postal or email address set out in clause 1. You are entitled to ask us to correct or update your Personal Information at any time by contacting us at the address above.

Uses made of the Personal Information

We may use your Personal Information for the purposes of carrying out our obligations under these Terms;

authorising payments and/or a bill or receipt to you;
maintaining your registration with us;
providing you with information, assignments or services that you request from us or which we feel may interest you, where you have consented to be contacted for such a purpose;
notifying you about a change to the Website or our services; and
record-keeping

Disclosure of your information

You consent to us (and our representatives) disclosing your Personal Information to third parties:

in the event that we sell or buy any business or assets, in which case we may disclose your Personal Data to the prospective seller or buyer of such business or assets;
if we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation, or in order to enforce or apply such other terms as apply to our relationship, or to protect the rights, property, or safety of our customers, ourselves or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction; and
if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website.

Security

We take data security seriously and will use our reasonable endeavours to protect the integrity of your Personal Information.

The Website may, from time to time, contain links to and from other websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

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