This document stipulates Sm@rt Clean ltd, general purchase terms and conditions(“terms”). These terms apply to the use of the SM@RT CLEAN website (www.smart-clean.co.uk) and SM@RT CLEAN mobile app, including the purchase of cleaning services from SM@RT CLEAN ltd using the website, mobile application and purchase by telephone or email . By accessing the website, app and/or making a booking for services (through any other means) you agree to be bound by the terms set out below. If you do not agree to be bound by these terms please do not purchase cleaning services from SM@RT CLEAN ltd.
Before you place an order with us through any of our purchasing options, if you have any questions relating to these terms, please contact our customer service team by email at email@example.com or by phone at 0117 239 5750
“Booking” means a booking for Services made by You on our Website, app or by telephone.
“Services” means cleaning services;
“Smart Clean Agent” means a cleaner or other home services provider available through our Website, app or telephone order
“We/us” means a cleaner or other home services provider available through our Website, app or telephone order;;
“Website” means the website located at www.smart-clean.co.uk or any subsequent URL which may replace it;
“You” means a user of the Sm@rt clean Website, app or telephone service, or any individual, organization, company or other entity requiring services provided by Sm@rt Clean ltd, in any form.
2) USE OF THE WEBSITE/APP
You are provided with access to the Website and pp in accordance with these Terms and any Booking made by you must be placed strictly in accordance with these Terms.
2.2.1 By registering as a user of our Website or App, you warrant that:
(a)the personal information which you provide when you register as a user and/or make a Booking is true, accurate, current and complete in all respects; and
(b)you will notify us immediately of any changes to this personal information by contacting our customer service representatives by email at firstname.lastname@example.org or by phone at 0117 239 5750.
2.2.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
2.3 Our rights
We reserve the right to:
(a) modify or withdraw, temporarily or permanently, the Sm@rt Clean Website, App (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
(b) change these Terms from time to time as explained below. If you do not agree to such amended terms, you must stop using the Website or App immediately. If you continue to use the Website or App you will be deemed to have accepted the amended terms.
3.1 We have a £2m public liability insurance policy underwritten by a leading insurer. There are excesses of at least £250, depending on the specific type of claim, which will be at your cost. Please email us at email@example.com for more information on this.
3.2 On the rare occasion that our Smart clean agents are self employed, they have also agreed to have their own personal public liability insurance policy to protect them and your property equal to or exceeding £2m public liability insurance.
4) BOOKING SERVICES
4.1 By placing an order through our Website, app or by telephone, you warrant that you are: legally capable of entering into binding contracts, and at least 18 years old.
4.2After placing an order, you will receive a text and/or email from us acknowledging that we have received your Booking. Please note that this does not mean that your Booking has been accepted. All Bookings are subject to acceptance by us, and we will confirm such acceptance to you by sending you a further email to confirm the Booking (the “Booking Confirmation”). The contracts between us and you and between you and the Smart clean agent will only be formed when we send you the Booking Confirmation.
4.3When you sign up for the Service, you will receive automatic notifications and text messages as part of the standard service. To unsubscribe, you will need to inform us by contacting us by email at firstname.lastname@example.org or by phone at 0117 239 5750. 4.4 You agree that you will not seek to book any Services from any Smart Clean Agent other than via our Website, app or telephone number for the duration of this agreement and in the 6 months after termination of this agreement.
5) PRICE AND PAYMENT
5.1 The price of any Services will be as quoted on our Website, app or by telepheone, except in cases of obvious error.
5.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Booking Confirmation.
5.3 Every effort has been made on the Website, app and by telephone to ensure that making a Booking is secure via our payment provider Stripe. We cannot be responsible for fraudulent use on our Website of a lost payment card.
5.4 You must maintain a valid payment card with us. You must inform us immediately if your payment card details are no longer valid.
5.5 You authorise us to seek pre-authorisation of your payment card. You also authorise us to charge your payment card in full within 24 hours after the completion of services carried out against the scheduled Booking.
5.6 If any amount due by you is unpaid after the day of the scheduled Booking, we may charge a £10 administration fee.
6) BOOKING CANCELLATION BY US
6.1 If you violate any of the Terms, your permission to use the Services, Website and app will automatically terminate.
6.2 We reserve the right to cancel any Booking made through these and any other means without notice or cause.
7) BOOKING CANCELLATION BY YOU
7.1 You may cancel a Booking by logging into your Sm@rt Clean account, or by emailing email@example.com, or by calling 0117 239 5750.
7.2 For cancellations made within 48 hours before your scheduled clean we will charge you a late cancellation fee equal to 50% of your scheduled clean. All deposits paid are non-refundable. If you subsequently rebook your clean 50% of the cancellation fee will be credited to you against your next service.
7.3 Further discounts may be provided at the prerogative of Sm@rt Clean ltd to any customer.
8) THE SM@RT CLEAN WEBSITE/APP
8.1 We act both as an employer and also as a booking agency for self-employed and employed Sm@rt clean agents. Our contract with you is limited to provision of use of our Website/app.
8.2 In the case of Self-employed Sm@rt Clean Agents, your Sm@rt Clean agent is responsible for providing the Services to you and you have a direct contract between you and the Sm@rt clean agent concerning the provision of Services. This contract does not include us. You and your Sm@rt Clean agent are responsible for any taxes arising as a result of the Services.
8.3 We review applications, conduct interviews and undertake other checks of Gleem Cleaners, with some of this process reliant on information from or undertaken by third parties. You acknowledge that we do not and cannot guarantee the accurateness or completeness of such checks, whether conducted by us or by third parties.
8.4 You acknowledge that you use Self-employed Sm@rt Clean agents at your own risk. You agree to provide a safe working environment for Sm@rt Clean agents and to take appropriate precautions to supervise Sm@rt Clean agents.
8.5 In the case of employed Sm@rt Clean Agents, Sm@rt Clean ltd is responsible for providing the Services to you and you have a direct contract between you and Sm@rt clean ltd concerning the provision of Services.
9) THIRD PARTY LINKS
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed any of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
To provide services offered on our website Sm@rt Clean may require certain information to be retained in order to best carry out the service you require and ensure that we can maintain a level of service for our other customers.
By purchasing a service through the Sm@rt Clean website, Mobile App, by telephone and or email, you consent to Sm@rt Clean retaining your personal details. You have the right at any time to request information of these details and the extent to which they have been retained and used, as well as you retain the right to request these details are removed at any time. We take reasonable care in keeping this information secure and preventing unauthorized access or unlawful use of it. All personal information is processed by us in accordance with data protection legislation applicable in the UK.
Sm@rt Clean request data from you during the booking of any service carried out online, through our website and app or over the telephone and by email. We store and use data fields including; “first name”, “last name” “address”, “phone number”, “email address”, and “telephone”. In future we may seek to store and use additional data fields, including but not limited to; “location”, “service repeatabiity”.Information we collect through your use of our services
When you use our Services, we collect information about you in the following general categories:
Location Information: When you use the Services we collect precise location data about where your service is required to be carried out which is used by Sm@rt Clean and its Operatives. If you accept our terms and conditions, you permit Sm@rt Clean to access location services, we may also collect the precise location of your device when the app is running in the foreground or background.
Transaction Information: We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, amount charged, distance traveled, and other related transaction details.
Call Data : Our Services facilitate communications between Users and Operatives. In connection with facilitating this service, we may monitor call data. Log
Log Information: When you interact with the Services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity and type of browser.
We use the information collected through Sm@rt Clean webste, app and over the telephone or by email for the purposes described below:
We will not share the personal information we have collected from you except as specified in the manner or for the purposes set out below:
We take reasonable measures to protect your personal information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.
You may receive emails from us, about your services required / bookings, our services and other relevant information related to our services. These communications are considered part of the service and your account, which you cannot opt-out from receiving. If you want to delete your information and your account, please contact us at customercare@Smart-clean.co.uk with a request that we delete your information. We will take steps to delete your information as soon as is practicable, but some information may remain in archived copies for our records and as otherwise required by law.
Our service is not directed to children under 14 and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information of a child under 14, we will take steps to delete such information from our files as soon as possible.
11.1 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Services you purchased in the previous six months.
11.2 This limitation does not include or limit in any way our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited: to 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.
11.4 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your Booking and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website, app or by telephone.
12) EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or transport access, flood, fire, explosion, acts of terrorism or accident.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13.1 Intellectual property and right to use
13.1.1 Unless otherwise stated, the copyright and other intellectual property rights in the content on the Website and app are owned by us or our licensors. Any access or use of the Website or app for any reason other than your personal, (implied use by a business or organisation for the request and completion of cleaning services) non-commercial use is prohibited.
13.1.2 No part of the Website or app may be reproduced in any other website or app,or included in any public or private electronic retrieval system or Website or app without our prior written permission.
13.1.3 You acknowledge and agree that the content contained within the Website and app is made available for your personal, (implied use by a business or organisation for the request and completion of cleaning services) non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website or app is strictly prohibited.
13.1.4 You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
13.1.5 You may provide the us with information and feedback regarding the features and performance of the Service, including reports of failures, errors, or other malfunctions you encounter on the Service along with any associated error messages (the "Feedback"). Feedback provided to Sm@rt Clean ltd may be used by us to improve the Service, and accordingly, you hereby grant Sm@rt Clean ltd a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.
13.1.6 If you publish any content on our Website or app, such as images, videos, reviews, comments, ratings, profiles or listings, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt or display such Content on our Website or app.
13.2 Compliance with laws
The Website, and app may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website, app and any transactions conducted on or through the Website, app or telephone.
13.3 Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website or app, you accept that communication with us will be mainly electronic. We will contact you by email and or telephone. For contractual purposes, you agree to electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Sm@rt Clean Ltd, of 7 Unity Street, Bristol, BS1 5HH with Company Registration Number 11008387. We may give notice to you at either the email or postal address you provide to us when making a Booking, or as specified above. 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 email was sent to the specified email address of the addressee.
13.5 Transfer of rights and obligations
13.5.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.5.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.5.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
13.8 Entire Agreement
These Terms and any document expressly referred to in them constitute the entire agreement between us with respect to the subject matter of any contract and supersede any previous communications or agreements between us.
13.9 Our Right to Vary these Terms
We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you book Services from us. Please regularly check on our Website, app or by telephone for new versions. At all times the latest version of these terms will be displayed on our website at time of booking.
These Terms and the Contracts shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. Any dispute or claim arising out of or in connection with the Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
13.11 Contact Information
We can be contacted by phone at 0117 239 5750, by emailing firstname.lastname@example.org and by post at 7 Unity Street, Bristol, BS1 5HH
14) SMART CLEAN GUARANTEE
14.1 Conditions to the guarantee.
14.1.1 Where possible, Sm@rt Clean agents will collect your signature on your checklist to verify that you are happy with your clean. Where a checklist has not been signed, confirmation of acceptance of your clean as satisfactory will be implied where no further correspondence regarding any negative feedback in writing by email has been received within 24 hours of your clean to email@example.com. In signing the checklist or not contacting us by email at firstname.lastname@example.org within 24 hours of your clean, you confirm that your are satisfied with your clean. In signing the checklist you have accepted your clean, meaning the Sm@rt Clean guarantee is complete, as you have stated that you are satisfied, or your satisfaction has been implied as achieved.
14.1.2 Any unsatisfactory service must be reported within 24 hours of the service being performed. Failure to inform Sm@rt clean ltd within this time period will nullify the Sm@rt clean guarantee.
14.1.3 Sm@rt clean will request the customer to supply photographs taken before this 24 hour time period elapses, detailing the inadequate service as proof. Refusal or inability to provide this proof, when requested will nullify the Sm@rt clean guarantee.
14.1.4 Before discussing any partial or full refund, Sm@rt clean ltd may choose to send a service provider back to the property to repeat the service. Failure to accept this repeat service will nullify the Sm@rt Clean guarantee.
14.1.5 Sm@rt clean will seek to establish a fair price for service based upon what items on the checklist or service criteria were completed, and what tasks were not completed.
14.1.6 Any refund comes with the conditions attached that no feedback be left in any publicly accessible place, including social media websites, and any other media where the general public may have access to view and read such information to the detriment of Sm@rt Clean ltd. Upon discovery of feedback, Sm@rt Clean is entitled to reverse any refund applied.