Terms and Conditions

Last updated on 15 May 2024

These Terms govern the use of this Application and any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalised words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Any other contract or agreement entered into between the Owner and the Users shall always prevail over the provisions of these Terms. Therefore, in such cases, these Terms shall apply only residually and in accordance with applicable provisions in such agreements or contracts. Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where this Application has been provided to them via the Apple App Store or Google Play, Apple or Google may enforce these Terms as a third-party beneficiary.

This Application is provided by: Neaty operations, MB

Owner contact email: info@neaty.homes

Definitions

Application means the property that enables the provision of the Service. This includes, but not limited to, the mobile application designated for Consumer and mobile application designated for Provider. This Application refers to this website, including its subdomains and any other website through which the Owner makes its Service available; applications for mobile, tablet and other smart device systems; the Service; any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation.
Agreement means any legally binding or contractual relationship between the Owner and the User, or between Consumer and Provider governed by these Terms.
User indicates any natural person or legal entity using this Application (e.g. Consumer and Provider).
Provider means any User who sells and provides services to Consumers through this Application, regardless of whether or not the actual transaction takes place through this Application.
Consumer means any User who buys and receives services from Providers through this Application, regardless of whether or not the actual transaction takes place through this Application.
Owner (or We) indicates the natural person(s) or legal entity that provides this Application and/or the Service to Users.
Product means a good or service available through this Application, such as e.g. cleaning services, cleaning materials, booking services etc.
Service means the service provided by this Application as described in these Terms and on this Application.
Place means the physical location (e.g. House or Apartment) where the Service is provided, as described in this Application.
Proposal Request means the request for a service proposal made by a Consumer through this Application, detailing the Place and home cleaning services requested.
Proposal means the offer made by a Provider to a Consumer through this Application, detailing the services to be provided, their price, duration and start date and time.
Terms means all provisions applicable to the use of this Application and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

What the User should know at a glance

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

How this Application works

Brokering

This Application helps Consumer to find home cleaning Services offered by Providers that best meet their needs. To this end, this Application allows Consumer to request for proposals from Providers and allows Consumer to accept one Proposal best matching its needs. The Owner benefits from its brokering activity only if such activity results in a concluded transaction between the Consumer and the Provider. Only in such cases will the Owner charge a fee according to the criteria specified on this Application. This Application merely serves as a technical infrastructure or platform to allow Users to interact with each other in a home cleaning services context. The Owner therefore is not directly involved in any such interactions between Users. These Terms apply to the described usage of this Application as a platform. Unless otherwise stated, these Terms also apply to transactions between Consumers and Providers. This does not imply the involvement of the Owner in such transactions.

Who sells on this Application

Home cleaning Services for Consumers on this Application are sold by Providers.

Terms of use

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application. Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document. By using this Application, Users confirm to meet the following requirements:

There are no restrictions for Users in terms of being Consumers or Providers;
Users aren't located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a 'terrorist-supporting' country;
Users aren't listed on any U.S. Government list of prohibited or restricted parties;

Account registration

To use the Service Users must create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service. Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose login credentials that meet the highest standards of strength permitted by this Application By registering, Users agree to be fully responsible for all activities that occur under their login credentials. Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Consumer onboarding

To become a Consumer, Users must register as a Consumer in this Application using the mobile app designated for Consumers. Users must provide all required data or information in a complete and truthful manner.

Provider onboarding

To become a Provider, Users must register as a Provider in this Application using the mobile app designated for Providers. Users must provide all required data or information in a complete and truthful manner. During the registration Providers are onboarded to the Stripe Service and are required to provide their bank account details to receive payments for the services provided to Consumers. Stripe may require additional information from Providers to verify their identity and bank account details. Providers must provide such information to Stripe to receive payments. The Owner is not responsible for any delays in payments caused by the Provider's failure to provide the required information to Stripe. Providers are responsible for keeping their Stripe account credentials confidential and safe. Provider may read the privacy policy of Stripe and this Application to learn more about the data processing and User rights regarding their data.

Conditions for account registration

Registration of User accounts on this Application is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

Accounts registered by bots or any other automated methods are not permitted.
Unless otherwise specified, each User must register only one account.
Unless explicitly permitted, a User account may not be shared with other persons.
Account registration requires a valid email address and phone number.
Consumers must use the mobile app designated for Consumers to register as a Consumer.
Providers must use the mobile app designated for Providers to register as a Provider.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

By using the tools provided for account termination on this Application.
By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on this Application

Unless where otherwise specified or clearly recognisable, all content available on this Application is owned or provided by the Owner or its licensors. The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on this Application - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content. Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicence, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User's knowledge. Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented. Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users

The Owner allows Users to upload, share or provide their own content (e.g. profile pictures or chat messages) to this Application. By providing content to this Application, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights. Further insights regarding acceptable content can be found inside the section of these Terms which detail the acceptable uses.

Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on this Application they grant the Owner a non-exclusive, fully paid-up and royalty-free licence to process such content solely for the operation and maintenance of this Application as contractually required. To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Application.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through this Application. Users acknowledge and accept that the Owner does not filter or moderate such content. However, the Owner reserves the right to remove, delete or block such content at its own discretion and, without prior notice, to deny the uploading User access to this Application:

upon becoming aware of any (alleged) violation of these Terms, any third-party rights, or applicable law, based on such content;
if a notice of infringement of intellectual property rights is received;
if a notice of violation of a third party's privacy, including their intimate privacy, is received;
upon order of a public authority; or
where the Owner is made aware that the content, while being accessible via this Application, may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement. Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Application.

Access to external resources

Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties' terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law. Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights. Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair the Owner's legitimate interests or assets;
offend the Owner or any third party.

Terms of service

Provision of personal data

To access or receive home cleaning services provided via this Application as part of the Service, Users may be required to provide their personal data as indicated on this Application.

Paid Services

Home cleaning services provided by Providers for Consumers via the Service of this Application, are provided on the basis of payment. The fees, duration and conditions applicable to the purchase of such Services are described below and in the dedicated sections of this Application. To purchase Services, the User must register or log into this Application.

Home cleaning service description

Descriptions or availability of Services are outlined in the respective sections of this Application and are subject to change without notice. Prices are displayed on this Application upon recieving Proposal from Provider. Prices may vary depending on the Provider and the specific service requested by the Consumer. Prices are inclusive of all applicable fees, taxes and charges. While Services on this Application are presented with the greatest accuracy technically possible, representation on this Application through any means (including, as the case may be, graphic material, images, colours) is for reference only and implies no warranty as to the characteristics of the purchased Service. The characteristics of the chosen Service are outlined in the Application.

Home cleaning booking process

Following steps form part of the home cleaning booking process.

Requesting proposals

Using the Application Consumers may request for Proposals from Providers for home cleaning services. Consumers must indicate the desired Service by selecting it, including, where applicable, quantity and/or specific characteristics. Consumers may review their selection, modify, remove or add items and request for Proposals for their selected home cleaning service. Consumers may request for Proposals from all Providers or specific (e.g. favourite) Provider(s). Consumers must specify the Place address where cleaning services are requested, also the date and time ranges when the home cleaning service can be provided. Providers receive the request and respond by submitting their Proposals to the Consumer, outlining the price, service duration and start date and time.

Receiving proposals

Consumers may get Proposals from multiple Providers detailing the price, start date, time and duration of requested Service. Consumer can select the best Proposal that meets their needs.

Accepting a proposal

Before accepting the Proposal, Consumers must carefully review it. In case of any questions, Consumers may use the the built-in chat feature in the Application to clarify the details with the Provider. Consumers or Providers may also ask for additional information. Consumers may accept only one Proposal that best matches their needs based on factors such as price, duration, start date and time and Provider ratings

Booking confirmation

The Consumer confirms their selection of a Provider by accepting the chosen Proposal The Application confirms the booking and notifies both the Consumer and the selected Provider. Other Providers, including those who submitted Proposals will no longer see the request in the Application. By accepting a Proposal, Consumer confirms the booking and enters into the Agreement with the Provider who made the Proposal. In case the booked home cleaning service requires an action from the Consumer, such as additional information, specifications or special wishes, the booking confirmation creates an obligation for the Consumer to cooperate accordingly.

Booking cancellation

While the Provider actually have not started the accepted home cleaning service at Consumers' Place, Consumer may cancel the booking with no consequence. The application will enable Consumer to press the 'cancel' button to cancel their booking as long as the service has not started.

Service execution

The Provider is required to arrive at the Consumer's location on the date and time agreed upon in the Proposal. Additionally, the Provider must confirm the commencement of the service via the Application. The Application will notify the Consumer that the home cleaning service has started. Once the Provider finishes the home cleaning service as per the Proposal, the Provider must confirm the completion in the Application. The Application will notify the Consumer that the home cleaning service has been completed. Once the Provider finishes the home cleaning service and confirms completion in the Application, the Consumer must accept the completion and then pay the agreed-upon price. The completion of the home cleaning services determines contract conclusion and therefore creates for the Consumer the obligation to pay the price, taxes and fees, as specified in the Proposal The Provider must not ask for any other payment from the Consumer outside the Application.

Payment

Following the confirmation of service completion by the Provider, Consumer must pay the agreed-upon price for the home cleaning service. Consumer makes payment by pressing on the 'Pay' button. Application opens the Stripe payment sheet wherein Consumer will be required to specify their contact details and a payment method of their choice. Consumer may pay using a credit card or any other payment method available through the Stripe payment sheet. Within the Stripe payment sheet, Consumer may be requested to also specify their billing and shipping address. Consumer, who have not already done so, may ask Stripe to store their payment information for future purchases on this Application or sites that use Stripe as a payment gateway. The User may read the privacy policy of Stripe and this Application to learn more about the data processing and User rights regarding their data. The Provider recieves the payment into his Stripe account which was created during the Provider registration and onboarding process. Upon completion of the payment, the Application notifies Consumers and Providers Providers receive payouts from the Stripe account into their own linked bank account automatically on a daily rolling basis.

Feedback and Rating

Once the Consumer completes the payment, the Application asks Consumer to rate the Provider and the home cleaning service provided. Consumers may rate the Provider and the home cleaning service on a scale of 1 to 5 stars. They can also provide textual feedback. The textual feedback provided by the Consumer for the Provider, regarding the completed home cleaning services, must comply with legal standards, ethical guidelines, and respectful communication practices.

Prices

During the Proposal creation according to recieved request, the Provider at his own discretion determines the home cleaning service price which is based on criteria such as the scope of work, duration of service, materials required, and any specialized cleaning needs. Consumers and Providers can see the price including all applicable fees.

Methods of payment

Information related to accepted payment methods is made available during the payment process in the Application. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Application. All payments are independently processed through third-party services (e.g. Stripe). Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. The User may read the privacy policy of this Application to learn more about the data processing and Users' rights regarding their data. If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the payment. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the Consumer.

User rights

Right of withdrawal

Upon Proposal acceptance Consumer acknowledges that Consumer will lose their right of withdrawal once the service has been fully performed.

Liability and indemnification

Unless otherwise explicitly stated or agreed with Users, the Owner's liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

EU Users

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law. The above also applies to any claims exercised by third parties (including but not limited to the Owner's clients or customers) against the Owner related to Digital Products provided by the User such as, for instance, conformity claims.

Limitation of liability for User activities on this Application

Users acknowledge and accept that the Owner merely provides Users with the technical infrastructure and features incorporated in this Application. The Owner does not intermediate, moderate, promote or intervene in interactions, agreements or transactions between Users and therefore bears no liability for any such interactions among Users, including the performance of any Users' obligations. Users, in particular, acknowledge and accept that the Owner is not involved in sales and purchases by Users qualifying respectively as Providers or Consumers over this Application. This means that purchase contracts are solely entered into and performed by such Providers and Consumers.

Common provisions

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately. Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law. Additionally, the Service might not be available due to reasons outside the Owner's reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner's express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User from the date communicated to Users onwards. The continued use of the Service will signify the User's acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement. The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner. If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User's legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Application must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably. While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document. The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner's email address specified in this document. The Owner will process the complaint without undue delay and within 2 business days of receiving it.

Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online service contracts. As a result, any European Consumer can use such platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link: http://ec.europa.eu/consumers/odr/