AGREEMENT FOR THE USE OF SERVICES OF THE PLATFORM

1. Terms and Definitions

The terms and definitions that are present in this Agreement are used in the following context:

• Platform — website that belongs to the Owner of the Platform, with the use of which services are provided according to the present Agreement for the execution of Orders for cleaning services, and that gives rise to the interaction between the Client of the Platform and the Contractor. The access to the Platform is accomplished by using devices that are connected to the Internet through the website www.cleanwhale.lv;
• The Owner of the Platform — is SIA “IT klīnings”;
• The Client of the Platform — is a physical person or the representative of a legal entity that has accepted the offer of the given Agreement for the provision of services for the use of the Platform;
• The Contractor — is a physical person that has undergone registration on the Platform as an individual who is ready to perform Orders for the accomplishment of cleaning operations and that executes the provision of work for specific Orders in accordance with the Cleaning Regulations and other standards that are incorporated by the Owner of the Platform;
• “My Account” — a part of the Platform that can be accessed exclusively by a Client of the Platform through the use of the Login and Password that only he or she knows. The contact information of the Client of the Platform is stored in the “My Account” section, as well as information about the placed Orders, including the status of their execution, as well as the Personal Account and the information about the Bonus Programme;
• The Order — is an offer from a Client of the Platform for cleaning services or other works, which attests the intention of the Client of the Platform to conclude an Agreement for benefitting from cleaning services in case the Order is accepted. The order is made by the Client of the Platform by means of the functions of the Platform and contains all the relevant conditions of the Agreement for the execution of cleaning services or other works, such as: the name of the work to be done, the volume of work, the place of execution of work, the time allocated for executing the work and its cost;
• The standard roster of cleaning work to be done — is the roster of the works and actions that are required upon the execution of the Order, which is contained in the Cleaning Regulations, which can be found in the Annex section of this Agreement;
• Accepting an Order — is giving confirmation of the acceptance of the offer of the Client of the Platform for the execution of cleaning services or other works, which is arranged in the form of an Order from the Client of the Platform. The Acceptance of an Order is made by the Owner of the Platform by sending a notification to the Client of the Platform by SMS message by means of the functionality of the Platform.

The interpretation of terms and definitions that are not indicated in the present Agreement are subject to interpretation in accordance with the legislation of the Republic of Latvia.

2. Subject of the Agreement

• In accordance with the present Agreement, the Owner of the Platform provides the Client of the Platform with a set of services, which include:

  • The right to use the Platform within the limits of its functional capabilities;
  • Placing Orders for cleaning services;
  • As well as additional services.
• The Client of the Platform accepts the current Agreement upon placing an Order on the Platform, thus accepting the conditions of the Agreement in their totality, without any reservations and/or exceptions. If the Client of the Platform disagrees with any of the documents that are published on the Platform, then the Client does not have the right to use the Platform.

3. The Right to Use the Platform

• The Owner of the Platform owns the exclusive rights to the Platform, and grants the gratuitous right of use of the Platform to the Clients of the Platform. The right to use the Platform entails access to the entirety of the functionality of the Platform, to all the materials that are located on it, to the placement of Orders, to the creation of “My Account”, and to the participation in the bonus programme for the Client of the Platform.
• The Client of the Platform is entitled to use of the Platform upon his registration on the Platform, but also without such registration. Without registering on the Platform, the Client of the Platform has access to the materials located on the Platform, as well as to the functionality of the Platform for placing Orders. The Client has the possibility to register on the Platform at any given moment.

Registration on the Platform and “My Account”

• The Client of the Platform can undergo the registration procedure on the Platform, as a result of which a unique user account is created for the Client of the Platform and the access to “My Account” is granted.
• The Client of the Platform registers on the Platform by using his or her email for registration and a password that only he or she knows, or the Client of the Platform can log in with his or her social media account. Upon registration, the Client of the Platform also indicates additional information: residential address and contact phone number, and then clicks the “Create Account” button. The date of registration on the Platform is considered to be the date of creation of “My Account” by the Client of the Platform.
• The Client of the Platform confirms that he or she personally incurs the responsibility for the safety of the data that is used by him or her for entering “My Account”.
• The Client of the Platform confirms and guarantees that all actions that are meant for the Client of the Platform in the current Agreement, which is placed in the Platform, are performed by the physical person whose data is forwarded to the Owner of the Platform during the registration procedure.
• The Client of the Platform shall bear responsibility for all the actions that he or she performs on the Platform as well as their consequences. All the actions that the Client of the Platform undertakes on the Platform under his or her user account are considered to be performed by the Client of the Platform him- or herself.
• The Client of the Platform is within his or her right to change the data that he or she has provided upon registration on the Platform at any moment, which can be done in “My Account” by clicking on “Change My Account”.
• The Client’s “My Account” section contains the Orders that he or she has placed, as well as bonus points that are accumulated for paid Orders in the context of the bonus programme.
• The Owner of the Platform publishes the conditions of the bonus programme in the Client’s “My Account” section.

Right and Obligations of the Parties for Using the Platform

• The Owner of the Platform undertakes to:

  • Take all possible actions to provide an uninterrupted access to the Platform for the Client of the Platform, as well as to maintain the functionality of the Platform in working order;
  • Provide support to the Clients of the Platform in the use of the Platform, more specifically to give consultations for questions on registration and use of “My Account” functionality, to eliminate occuring technical difficulties and to react in a timely manner to any other question of the Clients of the Platform that are related to the function of the Platform.

• The Owner of the Platform is within his or her right to:

  • Forward informational and advertisement material to the Client of the Platform, both to the Client’s email address as well as to the phone number that have been indicated by the Client of the Platform in the “My Account” section. With the following Agreement, the Client gives his or her consent to receive information of such nature.

• The Client of the Platform undertakes to:

  • Personally use the Platform and not give the right of access to their user account to third parties;
  • Use the Platform for fulfillment of his or her own rights and obligations for the placement of Orders for cleaning services and other work;
  • Use the information and materials that are placed on the Platform only for personal needs, and undertakes to not divulge these materials in any way, shape or form without clearly stated agreement from the Owner of the Platform.

4. The Placement of Orders for Cleaning Services

General Provisions

• The functionality of the Platform enables the Client of the Platform to place and the Owner of the Platform to accept Orders for the performance of cleaning services by the Contractor under the conditions that have been agreed upon in each and every individual Order.
• The Client of the Platform indicates all the conditions of the Agreement for the provision of cleaning services in his or her Order. The Agreement for the provision of cleaning services is considered to be concluded between the Client of the Platform and the Contractor under the conditions that are stipulated in the Order, but only in the case where the Order has been confirmed by the Owner of the Platform.
• The Owner of the Platform undertakes to make all necessary efforts to accept the Orders of the Client of the Platform for execution. If it is impossible for the Contractor to accept the Order, the Owner of the Platform commits to immediately let the Client of the Platform know.
• The Owner of the Platform guarantees and provides the proper execution of the Order by the Contractor in accordance with the standards for cleaning that are indicated in the Cleaning Regulations, which is provided as an Annex to the current Agreement.

Rules for Placing an Order

• The Client of the Platform places an Order for cleaning services through the functionality of the Platform, in which he or she indicates the place, date and time required for the work in question, the volume of work in accordance with the Standard roster of cleaning services work, as well as the additional conditions that are not included in the Standard roster of cleaning services work. The additional conditions for cleaning services, as well as their cost, are indicated within the functionality of the Platform for the placement of Orders.
• The cost of the Order is calculated based on the conditions that the Client of the Platform indicates in the Order. In case of agreement with the cost of the Order, the Client of the Platform chooses the payment method for paying for the Order and clicks the button “Place Order”.
• After going through the procedure for placing the Order, the Client of the Platform receives a confirmation for the acceptance of the Order in the form of a notification by means of an SMS message sent to the phone number indicated by the Client of the Platform.
• The Order is considered as having been placed by the Client of the Platform after receiving the confirmation for the acceptance of the Order.
• The Client of the Platform is within his or her right to modify the conditions of the Order at any moment after its placement, provided that he or she notifies the Owner of the Platform about it by phone. If the changes made to the Order lead to changes in the pricing of the Order, then the Owner of the Platform introduces such changes and notifies the Client of the Platform by means of an SMS message or an email, or through the functionality of the Client’s “My Account” section.

• The Client of the Platform is within his or her rights to cancel the Order that has been placed under the following conditions:

  • If the Order is cancelled more than 12 hours before the planned time of execution, the obligations of the Parties relative to this Order are ended, and the prepayment, if it has been made, shall be reimbursed in full to the Client of the Platform;
  • If the Order is cancelled less than 12 hours before the planned time of execution, the obligations of the Parties relative to this Order are ended, but the Client of the Platform receives a penalty worth 15 EUR. The prepayment, if it has been made, shall be reimbursed to the Client of the Platform with the exclusion of the amount of the aforementioned penalty.

Obligations of the Parties Relative to the Orders

• The Owner of the Platform undertakes to:

  • Make all necessary efforts in order to provide the execution of the Orders by the Contractor for the Client of the Platform;
  • Provide the execution of the Orders for cleaning services by the Contractor under the conditions of the current Agreement and in correspondence to standards of cleaning services as per the Cleaning Regulations;
  • If it is impossible to execute the placed Order under the conditions indicated in the Order, to notify the Client of the Platform in a timely manner, but no less than 12 hours before the time of execution that is indicated in the Order;
  • Take the preferences of the Client of the Platform into consideration relative to the procedure of execution of cleaning services work and to forward them to the Contractor before the beginning of the performance of the work;
  • Maintain records of the Orders of the Client of the Platform, and display their conditions and cost in the Client’s “My Account” section;

• The Client of the Platform undertakes to:

  • Upon placing an Order, provide accurate information about the conditions of the Order, including the size of the space to be serviced and the conditions of the Cleaning work;
  • To familiarize him- or herself with the standard conditions of the performance of cleaning service in accordance with the Cleaning Regulations, and to indicate the required additional conditions during the placement of the Order;
  • To pay for the services in a timely manner for the outstanding Order in accordance with Section 5 of the present Agreement;
  • To facilitate the execution of the Order, to provide access to the space where the work is to be performed, all the while being civil and courteous to the Contractor during the execution of the Order;
  • If conflictual situations arise during the execution of the Order by the Contractor, to promptly communicate them to the Owner of the Platform.

5. Pricing and Settlement Procedures

• The cost of the services in accordance with the present Agreement is agreed upon for each individual Order and depends on the amount of cleaning services work needed, as well as the additional conditions for executing the work. The amount of work to be done is determined according to the number of rooms and bathrooms in the space to be cleaned for the Client of the Platform.
• The cost of the services in accordance with the present Agreement can change upon the use of the bonus programme for the Clients of the Platform. The conditions of the bonus programme and the rebates that are received by the Client of the Platform are published by the Owner of the Platform in the Client’s “My Account” section.
• The Client of the Platform chooses the payment method to pay for the Order during its placement by the means of the functionality of the Platform. The payment for services rendered is made in cashless form.
• During the checkout process, the Client of the Platform is redirected towards Internet-acquiring services by the Platform functionality, and the Client performs the payment by using a bank card.
• The Owner of the Platform does not process and store the Client’s bank card data, the confidentiality of that information is provided by the Internet-acquiring service’s banking services provider.
• After confirmation of acceptance of the Order a payment of 15 euros from Customers bank card is made as a retention sum, the rest of the payment amount is withdrawn after completion of the order.
• In case the Client of the Platform gets reimbursed the cost of the services with cashless payment by means of the Internet-acquiring services, the sum is returned to the Client’s bank card that was used to make the initial payment.

6. Responsibilities of the Parties

• In case of lack of execution or inadequate execution of the current Agreement, the Parties carry responsibility in accordance with applicable legislation of the Republic of Latvia.
• The Owner of the Platform does not carry responsibility for technical problems in the functioning of the Platform that are caused by issues on the side of the connection providers, Internet access, servers, or computer or telephone equipment or software.
• The Owner of the Platform guarantees the execution of the cleaning services by the Contractor in accordance with the standards for the execution of cleaning services that are indicated in the Cleaning Regulations.
• If the property of the Client of the Platform is damaged during the provision of the cleaning services work by the Contractor as a result of gross violation of the standards for the execution of cleaning services, the use of cleaning tools or devices and/or cleaning products that do not correspond to the standards of cleaning services per the current Agreement, then the responsibility rests with the Contractor.
• The Owner of the Platform acts as an intermediary during the resolution of disagreements between the Client of the Platform and the Contractor.

7. Confidentiality

• The Parties undertake to not divulge confidential information, which implies the contents of the current Agreement and any data that are forwarded by both sides to each other relative to the execution of the Agreement, which includes but is not limited to:

  • The personal data of the Client of the Platform who has placed an Order, as well as the data related to the identity of the Client of the Platform that became known to the Parties during the execution of the current Agreement;
  • The personal data of the Contractor who executes the Order, as well as the data related to the identity of the Contractor that became known to the Parties during the execution of the current Agreement;

  To not divulge in totality or in part this information to any third party without prior written consent of the other party of the Agreement.

• The Parties have the responsibility to not divulge confidential information and to not use it to the detriment of the other party; this does not apply to public information and the information that does not hold a classified nature according to current legislation.

8. Complaint Procedure and Conflict Resolution

• All conflicts and disagreements between the parties that can arise considering the current Agreement will be examined by the courts of the Republic of Latvia and in accordance with Latvian Law if they cannot be resolved through negotiation.
• The parties agree to use extrajudicial complaint procedures for conflict resolution.
• All complaints from the Clients of the Platform that are related to the execution and payment of Orders, including complaints about the quality of the services provided by the Contractor, as well as other disagreement for the retribution for damages caused by the execution of Orders, shall be examined with the participation of the Owner of the Platform.
• The Client of the Platform is within his or her right to make complaints about the quality of the work done both while the Order is in the process of being executed as well as after the end of its execution, but no later than 12 hours from the moment of the execution of the Order. The present provision does not extend to the cases of damage to the Client’s property during the execution of the Order.
• The Client of the Platform is within his or her right to make complaints relative to damage to his or her property during the execution of the work mentioned in the Order at the moment of the discovery of such damage, but no later than 3 days from the moment of execution of the Order. The complaints that are forwarded later than the 3 day period from the moment of the execution of the Order can be accepted for examination if the damage to the property is hidden in nature, in other words it is impossible to discover with mere visual observation, as well as in the case of the presentation by the Client of the Platform of proof that clearly confirm the damage to the property that occurred as a result of the actions of the Contractor.
• If filing a complaint about damage to property, in order to simplify the procedure of evaluation of the complaint, the Client of the Platform is within his or her rights to provide photographic or video evidence of the property whereupon the damage is clearly visible, as well as, if available, to provide the evidence of the events that caused damage to the property.

• The Owner of the Platform is within his or her right to not examine the complaints of the Client of the Platform about the quality of the execution of the Order if:

  • The client made the complaint about the quality of the execution of the Order in a time frame that is larger than 12 hours from the moment of the execution of the Order, in case objective reasons for a later evaluation are absent;
  • If in the process of the evaluation of the complaint, circumstances are discovered that demonstrate that the Client of the Platform is attempting to deceive the Owner of the Platform and the Contract with the goal of gaining an unfounded financial benefit;
• The evaluation of questions about the indemnisation of the value of the damaged property in money equivalent is made considering the circumstances of the causation of damage to property, the amount of damage, the cost of the property, and the natural wear and tear of the property.

9. Termination of the Agreement

• The Agreement can be terminated at any moment by any Party. The notification about the termination of the current Agreement must be forwarded to the other Party by means of email or through the functionality of the Platform.
• The termination of the Agreement leads to a limited access of the Client of the Platform to their “My Account” section, but does not prevent the Client of the Platform from using the Platform.
• The termination of the present Agreement does not lead to the ending of the obligations of the Parties of the current AGreement.

10. Concluding Provisions

• The current Agreement comes into effect on the date of reception of the notification by the User of the Platform about the successful completion of the registration process on the Platform in their “My Account” section, or on moment that an Order is placed by the Client of the Platform, by means of which he or she expresses his or her clear agreement with the conditions of the current Agreement.
• The Client of the Platform agrees that the current Agreement can be unilaterally modified by the Owner of the Platform by placing the updated text of the Agreement on the Platform. The Client confirms his or her agreement with the changes in the conditions of the Agreement by way of their continued use of the Platform. Upon disagreement with the changes made to the Agreement, the User ceases his or her use of the Platform.