Terms and conditions - housekeeping-in.nl
GENERAL TERMS AND CONDITIONS FOR ASKERS OF HOME SERVICES
These are the general terms and conditions of the private company Hulp in huis B.V. (“Hulp in Huis”) with offices at 7511 JM, Enschede (Netherlands), Nijverheidstraat 5, registered in the register kept by the Chamber of Commerce under registration number 61338710.
What are we doing?
In these terms and conditions, we refer to ourselves as “we” or “we” (and where applicable “us” or “our”). We manage various platforms (hereinafter: “platform” or “website”). These platforms bring private consumers and providers in the field of domestic assistance into contact with each other, while also facilitating the use of an administrative system. This concerns household services as referred to in the Home Services Regulation. The essence of this scheme is as follows: if one private individual performs household work for another private individual, no employment is created and no payroll taxes are withheld. Customers and providers of household services who contract with each other via our platforms must always assess themselves whether they meet the conditions under which this regulation applies. Any consequences of not applying that scheme are at your own risk.
To whom and when do these general terms and conditions apply?
These general terms and conditions apply to all agreements between us and private individuals who register via our platforms as a party looking for domestic services. In these general terms and conditions we refer to these individuals as “you” (and where applicable “your”). When we talk about you and us together, we speak of “parties”. These general terms and conditions apply to every agreement between you and us. If you use (general) terms and conditions yourself, they do not apply to agreements that you conclude with us. We may make agreements with you that deviate from these general terms and conditions. In that case, the deviation only applies to the agreement for which the deviation has been agreed. You cannot therefore rely on this deviation for other agreements with us. We have the right to unilaterally amend or supplement our general terms and conditions. We will announce this in advance. In the event of significant changes, you have the right to terminate the agreement in writing if you do not agree with the change (s). In that case we will only charge what we have done for you up to the date of dissolution. We call the providers of household services the “help” or (plural) the “helpers”.
Which two agreements arise for you?
To begin with, an agreement is created between you and us about the use of our platform (“Use”). We call this the “User Agreement”.
If the use of the platform leads to a match between you and a help, an agreement is created between you and that help for the performance of household activities (“Services”). We call this the "Service Agreement." This Service Agreement is concluded directly between you as a client (“Client”) and the assistance as a service provider (“Service Provider”). We are not a party to this, because we do not offer any household services ourselves. Via our platform, we only facilitate the establishment of the Service Agreement. You as the Client and the assistance as a Service Provider are of course free to make further agreements with each other. We recommend that you do this in writing. However, if the Service Agreement is concluded, both the Client and the Service Provider are deemed to have accepted the general terms and conditions associated with the Service Agreement.
Two types of terms and conditions
Because two similarities arise, there are also two sets of terms and conditions. The General Terms and Conditions of Use govern the general terms and conditions used by us that are part of the User Agreement between you and us.
Where in these conditions reference is made to the Service, these are conditions that apply to you (as the Client) as well as to the assistance (as the Service Provider). These are the General Terms and Conditions for Services. In your relationship with us, you should consider the General Terms and Conditions of Service as a service. This is our contribution to a fair, balanced and transparent agreement between you and the aid, but without our being a party to it. If, based on experiences and evaluations, we think that things can be improved, we will adjust the General Terms and Conditions for Services. You and the help are of course only committed to that if you both want to.
1. We provide you with a platform for searching and hiring assistance. During the first use of the platform, you must register on the platform and accept these terms and conditions. You hereby also accept the General Terms and Conditions of Services. After we have confirmed your registration to you by e-mail, whereby you also have the access data for your personal user account, a user agreement is concluded between you and us (the “User Agreement”). These General Terms and Conditions of Use apply to the User Agreement.
2. You are obliged to provide correct and complete information when registering, in particular with regard to your identity, address, telephone number, e-mail address and bank or credit card details. You must immediately notify changes during the term of the user agreement and adjust them via your user account.
3. After activating your account via our platform, you can submit an application. When submitting your application, you indicate the requirements that the assistance must meet for you. When you submit an application, you give us permission to start searching for a domestic help who meets the requirements you have specified. Cancellation of the application is possible as long as we have not yet provided you with details of the assistance that meets the requirements you have specified.
4. We provide our services on the basis of a subscription concluded with us (“Subscription”). We do not charge any compensation for the assistance.
5. The subscription has a minimum duration of one year. After this year, the Subscription can be canceled monthly with a notice period of one month. You pay the monthly subscription costs by direct debit or via a payment request. You arrange the direct debit in your user account. The subscription can also be canceled via your user account.
6. In addition to the costs for the Subscription, you pay us a one-off amount for connection costs, but not before we have found help. As long as that is not the case, you will not pay those costs. If you want or need to find a new help, you no longer pay any connection costs for that new help. If we don't find help for you in the first month of your subscription, you will not pay a subscription fee for that month. You can find out which prices we use for the subscription and for the one-off connection costs on our platform. Naturally, this concerns the prices stated at the time of taking out the Subscription. If we were to increase our prices, you always have the right to cancel the User Agreement.
7. Our platform offers you the option of time registration, but that does not mean that we accept any responsibility for this. This is only a facility that we have tethered to. The same applies to any other facilities offered to you via the platform
8. We operate the platform and do what can be expected of a good platform operator to prevent disruptions to the use of the platform, such as connection interruptions or disruptions to the use of the services to the extent technically possible.
9. We reserve the right to temporarily limit the possibilities of use, to maintain or further develop the platform.
11. Because we are not a party to the Service Agreement, we are not liable for the performance or performance thereof of the Service Agreement, nor for any damage you may suffer as a result. Where necessary, we disclaim any liability in this regard. Through our platform you will be offered an option offered by another party, the National Aid Fund, to qualify for compensation for damage caused to you by the assistance, but we would like to point out that in that case you must understand yourself with National Help Fund and that the fact that this service is offered via our platform does not mean that we can be held liable.
12. Of course we may be liable to you for breach of our own contractual and extra-contractual obligations, but that liability is limited in all cases. Unless and to the extent that our liability cannot be limited by mandatory law, our liability to you on any ground whatsoever is (a) excluded in respect of (i) lost sales or profits, (ii) damage resulting from the loss or damage to property and (iii) bodily injury; and (b) limited to the lesser of (i) the total amount paid to us by you or (ii) the amount paid out under any insurance from us in respect of the loss suffered by you. Our platforms may contain links to websites operated by third parties. We can never be held liable for the content of websites other than our own.
13. The User Agreement commences upon confirmation of your registration and our release (to you) of the platform usage. The User Agreement continues as long as the (not validly canceled) Subscription is in effect. Provisions that by their nature must be deemed to be in effect (for some time) after the termination of the Subscription will remain in force.
14. Under the law, you as a consumer have the right to terminate the Subscription concluded without giving reasons until a period of fourteen days has passed after the day on which the agreement is concluded. This is called the statutory reflection period. There is an exception to this that may apply. This is the case if we have already found a help for you. If this is not the case, the statutory reflection period applies. If so, dissolution is no longer possible. You give us your express consent to begin performing our services to you at the time the Subscription commences. In the event that we have already fulfilled the agreement with you, you declare to waive your right of dissolution. Should you proceed to dissolution, we refer to the model form provided by the Authority for Consumers and Markets.
15. You are and will remain responsible at all times for verifying the identity of the aid. We don't do that check.
16. Complaints about the (handling) of your request, our platform or about our services must be submitted immediately after the complaint has arisen using the complaint form, after which we will contact you as soon as possible. If your complaint does not lead to a solution, it is possible to report the complaint to Stichting Webwinkelkeur.
General Terms and Conditions of Services
1. The Service Agreement is concluded as a result of a successful booking via our platform.
2. The General Terms and Conditions of Services apply to the Service Agreement. The Service Agreement is an agreement between the Client and the Service Provider only. The Client can ask the Service Provider to comply with the agreed household services. The Service Provider can, among other things, request compliance with the payment of the agreed fee from the Client. Based on the actual applicability of the Home Services Scheme (which is the Client's and Service Provider's own responsibility), this also includes payments in connection with holiday pay (8%) per year, sick leave and due to compensation for statutory holiday days accrued from the moment the booked and agreed cleaning work has been completed.
3. The Service Agreement states which activities have been booked and accepted. The Service Provider can perform the agreed activities at its own discretion, organization and responsibility, taking into account the provisions of the Service Agreement. The Client can give instructions in so far as they fit within the content of the Service Agreement.
4. The Client will enable the Service Provider in a timely manner to perform agreed work effectively and efficiently.
5. When entering into the Service Agreement, the Client has the option to book the work including cleaning products. If agreed, the Service Provider will provide the necessary materials. If there is a booking without cleaning products, the Client will ensure that they are present in good time.
6. The agreed work is deemed to have been completed and accepted if 24 hours have passed after completion thereof and the Client has not reported any shortcomings to the service provider. If a complaint has been reported to Hulp in Huis, each action by Hulp in Huis will only be of an informative nature without Hulp in Huis being under an obligation to do or comply with something and that the Client and the Service Provider themselves must try to mutually to resolve the complaint.
7. If the hours worked by the Service Provider (will) deviate from the pre-booked hours, the Client and the Service Provider will enter into consultations about this as soon as possible and, in the event of disputes, undertake to make an effort to reach a mutual solution. The Hulp in Huis platform offers the possibility to pass on changes to the booked and / or worked hours. Adjustments in the Hulp in Huis system are possible per 30 minutes with a minimum booking duration of 2 hours. In the event of disputes regarding the changed hours, the parties must reach a mutual solution. Here, too, the involvement of Hulp in Huis is informative in nature and Hulp in Huis has no obligation to do or comply with anything.
8. After fulfillment of the agreed Services, the Client will pay the Service Provider in the manner agreed between them in the Service Agreement. Hulp in Huis facilitates a billing system for both parties in its platform. This can be used, but it is not necessary. The Client and the Service Provider can mutually agree on whether to invoice weekly or monthly. If the invoicing system of Hulp in Huis is used, the Service Provider is obliged to enter the total number of hours worked for the Client in this form no later than 3 days after the agreed period (week, two weeks, 4 weeks or month) has expired. system.
9. The content of the Service Agreement is based on (i) the Service Agreement itself (ii) the General Terms and Conditions of Service (iii) the applicable law of obligations and (iv) any further agreements between the Client and the Service Provider. The service provider is not an employee of Hulp in Huis. Hulp in Huis does not mediate for employees to provide services.
10. The Service Agreement commences as soon as there is agreement between the Client and the Service Provider. If there is no demonstrable agreement, the Service Agreement is deemed to have been concluded when the Service Provider has started the Service. The Service Agreement will continue as long as it has not been legally terminated. Provisions that by their nature must be considered to be in effect (for some time) after termination remain in force.