This agreement is concluded between the Customer, who wishes to receive certain services from different services available in the WiseClean platform, and an individual registered in the WiseClean platform as Contractor, who wishes to provide such services on the Customer's order, collectively referred to as the "Parties" ("Agreement").
The main body of text of this Agreement is constantly available at the link: https://www.wiseclean.eu/en/agreement. The text of the Agreement together with the Order (as defined below) placed by the Customer through the WiseClean platform and the Acceptance by the Contractor of the specific Order, form an individual Agreement between the Customer and the Contractor.
Definitions
For the purposes of this Agreement, the following terms are used that have the following meanings:
- Order – the order placed by the Customer through the WiseClean platform for the performance of a specific list of services, as well as information on the timing and procedure for their implementation;
- Acceptance – full and unconditional acceptance of the Customer's Order and the terms of this Agreement by the Contractor through the WiseClean platform;
- Customer – an individual who has reached the age of 18, registered as a User and accepted the Terms and Conditions of the WiseClean platform for Clients for the purpose of placing Offers for the purchase of Contractor services available through the WiseClean platform under the terms of this Agreement;
- Contractor – an individual who has reached the age of 18, registered as a Cleaner and accepted the Terms of Use of the WiseClean platform for Cleaners in order to accept and execute Customers' Orders for the provision of services on an independent basis as economic and professional service provider under the terms of this Agreement;
- WiseClean Platform – a technology platform that connects users with independent cleaners containing WiseClean website https://www.wiseclean.eu, WiseClean app, and WiseClean support service, intended for obtaining information about various services, as well as for placing and accepting Orders by Contractors to Customers, including for concluding Agreements between them, interacting and making mutual settlements between the parties to such Agreements.
- WiseClean – means legal entity operator of WiseClean Platform – WiseClean operations OÜ trading as WiseClean (a private limited company incorporated and registered under the laws of Republic of Estonia with registration code 16551370; registered office in Harju maakond, Rae vald, Peetri alevik, Vägeva põik 2, 75312, Republic of Estonia; a technology platform).
1. Object of the Agreement
1.1. The Contractor undertakes, at the request of the Customer, to provide the latter (or other person at the instruction of the Customer) with a service on the terms of the Customer's Order and this Agreement, and the Customer undertakes to accept and pay for such services of the Contractor as per the Customer's Order.
A detailed list of services that the Contractor shall provide to the Customer, the scope of such services and terms are specified in the Customer's Order placed through the WiseClean platform. The specified Order placed through the WiseClean platform by the Customer, which is accepted by the Contractor forms an integral part of this Agreement.
1.2. The Contractor provides services at the location of the Customer, or in another place specified by the Customer in the Order.
1.3. The Contractor is not entitled to involve third parties in the execution of the Agreement and performing the services to fulfill the Order without prior written approval of the WiseClean platform.
2. Service quality
2.1. The quality of services must comply with the WiseClean Quality Standard posted and available for review at https://www.wiseclean.eu/quality
3. Fee and payment procedure
3.1. The fee for the of services available for ordering from Contractors in the WiseClean platform is determined and accepted by the Parties at the time of Acceptance by the Contractor of the relevant Order.
3.2. The fee for the services under the Agreement is a sum of fees for each service selected by the Customer from among those available for order in the WiseClean platform. At the same time, if the Contractor establishes the need to provide a larger volume of services than specified in the Order, then the fee for such an Order is subject to recalculation based on the volume of services to be provided. In this case, the Customer undertakes to change the scope of services in the Order through the WiseClean platform.
3.3. If the Customer refuses to change the scope of the services in the Order, the Contractor has the right to refuse to execute the Order without an obligation to compensate any losses, fines and penalties to the Customer due to disagreement regarding the essential terms of the contract.
3.4. Payment for services is made by the Customer, not later than immediately after their provision in the WiseClean platform in a non-cash form.
3.4.3. The Contractor is an independent entrepreneur, or a company and therefore, independently bears the obligation to pay taxes in accordance with the requirements of the current legislation of the Republic of Estonia.
3.5. Payments between the Customer and the Contractor are performed by WiseClean authorized as the Contractor's commercial agent to receive the fees paid by the Customer.
4. Terms and conditions for the provision of services
4.1. The Contractor is obliged to start providing services within the time specified by the Customer in the Order.
4.2. The Contractor determines the technology for the provision of services independently, observing the mandatory requirements of the Terms and Conditions for Cleaner of the WiseClean platform posted and available for review at https://www.wiseclean.eu.
4.3. Materials and equipment for the provision of services.
4.3.1. All materials and equipment necessary for the provision of services shall be provided by the Contractor, unless otherwise agreed between the parties to this Agreement additionally. At the same time, the provision of services by the Contractor using materials and equipment provided by the Customer does not change the fee of the Agreement.
4.3.2. The Contractor is responsible for the inadequate quality of the materials or equipment provided by the Contractor.
4.4. For unauthorized involvement of third parties in the execution of this Agreement, the Contractor shall be liable for losses caused during the execution of the Agreement by such third parties.
4.5. The services performed by the Contractor are accepted by the Customer through the WiseClean platform, where:
4.5.1. Upon completion of the provision of services, the Contractor, for its part, notes in the WiseClean platform about the end of the provision of services, of which the Customer is notified in the Customer's account of the WiseClean platform.
4.5.2. In the event that the Customer has not notified the WiseClean platform of their disagreement with the quality or scope of the services provided by the Contractor within 24 hours after their completion, the Contractor's services are considered accepted without any problems and are payable in full. The moment of the beginning of the term is the date and time of the transaction to debit (attempt to debit) funds from the Customer's bank card (bank account) for the corresponding Order.
4.5.3. Notification of refusal to accept the services must be sent to the Contractor through the WiseClean platform through any of the available communication channels of the WiseClean platform.
5. Responsibility of the Parties
5.1. In case of violation by the Contractor of their obligations under the Agreement, the Customer has the right to demand compensation for the actual damages caused by the Contractor to the Customer. The Contractor is not liable for indirect damages, such as lost profits, turnover goodwill or moral or reputational damages.
5.2. In case of violation by the Customer of obligations under the Agreement, the Contractor has the right to demand compensation for the actual damages caused by the Customer to the Contractor. The Customer is not liable for indirect damages, such as lost profits, turnover goodwill or moral or reputational damages, except in cases when the Customer does not allow the Contractor to provide the service at the time specified in the order made order by fault of the Customer.
6. Termination of an agreement
6.1. The Customer has the right to unilaterally refuse to perform their obligations under this Agreement at any time, while he is obliged to pay the Contractor a fine, the amount of which is determined by the Terms and Conditions of the WiseClean platform, which the Customer has agreed to.
6.2. The Contractor has the right to unilaterally refuse to perform the Agreement at any time, subject to the payment of a fine to the Customer in accordance with the rules of the WiseClean platform which the Contractor has agreed to.
6.3. The Contractor has the right, using the special functionality of the WiseClean platform, to request confirmation of the Order from the Customer. In the event of a negative result of the above confirmation, the Contractor has the right to refuse to execute the Agreement unilaterally.
7. Other conditions
7.1. The Agreement enters into force and becomes binding on the parties from the moment of its conclusion, i.e. Acceptance by the Contractor of the Customer's Order.
7.2. The Agreement terminates upon completion of the obligations assumed by the Parties to this Agreement in relation to each other.