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    Provider Terms & Conditions – for cleaners

    PLEASE NOTE:

    THIS IS AN IMPORTANT DOCUMENT. IT IS A LEGAL CONTRACT BETWEEN YOU AND US. PLEASE DO NOT AGREE TO IT UNLESS YOU HAVE READ AND UNDERSTOOD IT AND ANY DOCUMENT MENTIONED IN IT. WE RECOMMEND THAT YOU CONSULT A LAWYER. YOU SHOULD ALSO HAVE THE DOCUMENT TRANSLATED INTO YOUR OWN LANGUAGE IF NECESSARY. IF YOU NEED ANY CLARIFICATION, PLEASE ASK US AND WE WILL ENDEAVOUR TO HELP, BUT WE CANNOT GIVE YOU LEGAL ADVICE. WE REGULARLY UPDATE OUR TERMS AND CONDITIONS. IT IS YOUR RESPONSIBILITY TO KEEP UPTO DATE.

    Introduction

    These terms of use (together with any documents referred to in them) tell you the terms on which you may make use of our website www.shinefairies.com (the Site) and/or our mobile application (the App) and the connection service that we provide through them.

    By using Shine Fairies (including downloading the App), you confirm that you have read and accepted these terms of use and that you agree to comply with and be bound by them. If you do not agree to them, you must not use Shine Fairies.

    Please note that these terms of use do not apply to any cleaning or other services that you provide to Customers (as defined below).”

    Other applicable terms

    These terms of use refer to our privacy and cookie policy, which sets out the terms on which we process any personal data we collect from you or that you provide to us, as well as information about the cookies and/or other similar technologies (for example, analytics) we use. By using Shine Fairies, you consent to such processing and you warrant that all data provided by you is accurate.

    Information about us and how to contact us

    Shine Fairies is a technology platform, accessed through the Site or the App, that connects Customers (Customers) with third party providers of cleaning services and certain other services as listed on the Site such as you (Service Providers). It enables Customers to engage the services of a Service Provider in their area for the provision of those services (Services).

    If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can send this to us by email at info@shinefairies.com

    Registration by the Service Provider

    You acknowledge that, in determining whether to include you on the Site as a potential supplier of Services, we rely on the accuracy and completeness of the information supplied by you during the registration process. You therefore confirm that all such information is accurate and not misleading and that we may use it to carry out any of the searches or checks referred to below.

    You also confirm that you possess all approvals and authority (including the necessary immigration status) required to work in the United States on a self-employed basis and, in particular, to provide Services to Customers.

    You authorize us and/or any of our appointed agents to carry out all necessary searches, including searches of consumer credit records, in order to verify the information you have provided.

    In accordance with US law, you also authorize us and/or our appointed agents to perform background checks, including criminal record searches, through appropriate channels and agencies. You hereby grant permission for State Police, Bureau of Investigation, or any other criminal record search provider to forward the Background Check Report (or similar search result) direct to us and for us to open the Background Check Report (or similar search result) upon receipt (even if it is addressed to you).

    You must promptly disclose to us all matters which are material to your ability and suitability to provide Services to Customers, as well as any material changes thereto.

    Relationship between the parties

    If we decide in our absolute discretion to include you on the Site as a potential supplier of Services, your inclusion on the Site will be subject to these terms of use. In such case, you authorize us to act as booking agent for you whereby we will process bookings and contractually commit you to supply Services to Customers on the basis of these terms of use.

    You will act as an independent contractor and will not be our employee. You shall be fully responsible for any tax and national insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from, or made in connection with, these terms of use or your provision of the Services. You shall indemnify us against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable by us in connection with, or in consequence of, any such liability, deduction, contribution, assessment or claim, other than where such liability, deduction, contribution, assessment or claim arises out of our negligence or willful default. We may at our option satisfy such indemnity (whether in whole or in part) by way of deduction from any amounts due to you from us under these terms of use.

    Changes to these terms of use

    We may revise these terms of use at any time and you should check these terms of use from time to time to take notice of any changes we have made, as they are legally binding on you. We may also notify you of any changes by email. If you do not agree to any such changes, please stop using Shine Fairies and (if applicable) delete the App from your Mobile Device.

    Services

    If you accept a contract with a particular Customer, whether on a one-off or other basis, you agree to supply Services to that Customer in accordance with these terms of use. You acknowledge that, notwithstanding your obligations to us herein regarding the standard of such Services, you will contract direct with each Customer for the supply of Services and, in the event of a dispute with the Customer, your recourse is against the Customer and not us.

    If you cause any damage to a Customer’s property in the course of providing the Services to them, you will be fully responsible for such damage and will reimburse the Customer accordingly. You therefore agree that, for so long as you are providing Services to Customers, you take out and maintain in force with a reputable insurer appropriate general liability insurance cover in respect of any such damage.

    You promise that you have the necessary skills to supply the Services.

    You shall supply the Services in accordance with a high degree of professionalism and the highest industry standards. If cleaning work is not done up to a satisfactory standard, you agree to go back and complete the cleaning to the necessary standard at your own expense. In circumstances where you are unable to go back to complete a re-clean or the customer refuses for you to go back to complete a re-clean a refund may be provided to the customer which will be deducted from the amount owed to you.

    You shall comply with all applicable laws and regulations in the provision of the Services and otherwise in connection with these terms of use.

    You shall agree with the relevant Customer as to the provision and procurement of materials required by you to provide the Services to that Customer. We are not responsible for the provision of any tools, equipment or materials. The Customer may have requested cleaning supplies to be provided when using the Shine Fairies platform, if this is the case by accepting the job you understand that providing supplies will be an expected part of the Customer and the service provider (you).

    You acknowledge that we will notify you of any Customer cancellation by at least one of the following methods, mobile app, email, phone, WhatsApp or SMS communication. It will be your responsibility to monitor these frequently to ensure you are up to date on your bookings.

    If you have to cancel a scheduled booking or are otherwise unable or unavailable to attend the agreed location to provide the Services requested, you must notify us and the relevant Customer by email or telephone as soon as possible and without undue delay.

    If you fail to attend the agreed location at the scheduled time of the visit, we reserve the right to charge you the full amount of the booking and a non-attendance administration fee to cover our reasonable costs arising as a result of the missed booking which we may, at our election, deduct from any amounts due to you from us.

    You shall promptly notify us:

    • if, for any reason, you cannot attend any scheduled visit (in which case you must promptly notify the Customer also) or otherwise become unable or unavailable to supply the Services as contracted;
    • if you receive any complaints from Customers; and
    • of any grievance that you may have in relation to Customers.

    If you agree to accept a booking through the Shine Fairies platform and then at a later date decide that you no longer want or are unable to complete the clean we reserve the right to charge you a fee up to the total booking(s) value of the clean.

    You shall attempt to resolve any complaint by a Customer directly with said Customer.

    You shall provide reasonable co-operation to us in connection with these terms of use and comply with our reasonable requirements, including prompt provision of such information and documents as we may reasonably request in connection with these terms of use.

    You shall only use Customer contact information insofar as is reasonably necessary to provide the Services. You shall keep such information confidential and shall delete it if requested to do so by us.

    We do not guarantee that you will receive any, or any particular level of, contracts or revenues from the arrangements contemplated by these terms of use.

    We do not carry out any checks on Customers and cannot provide any guarantees as to the conduct of Customers or the suitability or safety of their premises. You attend cleaning visits at your own risk. You must leave immediately if you have any concerns as to such matters.

    By registering to use Shine Fairies, you agree that all bookings between you and Customers will be made through Shine Fairies and that you will not supply any Services to any Customers who have previously booked you through Shine Fairies, or whose contact details you have received from us, other than through Shine Fairies. If a Customer offers to engage or employ you to provide Services other than through Shine Fairies, you must refuse such offer and notify us immediately. If you accept any such offer or if you make a similar offer to a Customer, we will immediately withdraw your right to use Shine Fairies and you will be required to compensate us in respect of any losses we suffer as a result up to a maximum of $500 and we may deduct this from any money owed to you.

    You also agree not to supply any Services to any Customers who have previously booked you through Shine Fairies, or whose contact details you have received from us, for a period of six months after the date of termination of the legal agreement between us.

    Payments

    Payments will be made twice a month from the company to an account of your choosing.

    Payment schedule:
    – Cleanings completed on dates 1st -14th, processed by the 21st.
    – Cleanings completed on dates 15th – end of the month, processed by the 7th of the following month.

    It may take your bank 1-3 business days to make the deposit into your account.

    It’s essential to ensure that your chosen account is correctly set up to receive these payments efficiently. If you need to update or change your payment account, please notify Shine Fairies at least five business days before the next scheduled payment date to avoid any disruptions in your payment schedule. Additionally, please double-check the accuracy of the account information provided to prevent any errors in transferring the funds. The company will not be responsible for any delays or issues that arise due to incorrect account details. In case there are any changes to your banking information, please submit a new direct deposit authorization form promptly.

    You agree that we will process payments for your services on your behalf and Shine Fairies are only holding onto these funds until they are released to you pending any issues from the Customers.

    You agree that we will process payments on your behalf.

    Personal data

    You acknowledge and agree that we are entitled to process your personal data in accordance with the terms of our (privacy and cookie policy) which is subject to change from time to time.

    Intellectual property rights

    We are the owner or the licensee of all intellectual property rights in Shine Fairies and in the material published on it. You acknowledge that you have no rights in or to Shine Fairies or the technology used or supported by it other than the right to use it in accordance with these terms of use. If you use any part of Shine Fairies in breach of these terms of use, your right to use Shine Fairies will cease immediately.

    You must not use any part of the content on Shine Fairies for commercial purposes without obtaining a license or other written consent to do so from us or our licensors.

    Liability and indemnity

    Any provisions in these terms of use excluding or limiting liability will apply regardless of the form of action, whether under statute, in contract or tort (including negligence) or otherwise. Nothing in these terms of use is in any way intended to exclude or restrict either party’s liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for any liability which may not legally be excluded or limited.

    We shall not be liable for breach of these terms of use unless you have given us prompt written notice of the breach and a reasonable opportunity thereafter to rectify the breach at our expense.

    Our total liability under, or in connection with, these terms of use in respect of any act or omission, or any series of connected acts or omissions, shall be limited to the amount paid to you in the six months preceding the relevant act or omission.

    In no circumstances shall we be liable for any consequential, indirect or special loss or damages or for economic losses (including, without limitation, loss of revenue, profits, contracts, business or anticipated savings) or for damage to, or loss of, data or for damage to, or loss of, reputation or goodwill.

    Both parties exclude all terms that are not expressly stated herein, including, but not limited to, any implied warranties as to quality, fitness for purpose or ability to achieve a particular result.

    You agree to indemnify us and to hold us and our successors, assigns, parent, subsidiaries, affiliates, directors, officers, employees and agents harmless against all losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of your breach of these terms of use or your provision of the Services. We shall have the right to withhold our reasonable estimate of the total damages and costs from sums otherwise payable to you pursuant to these terms of use or any other agreement between the parties and to apply such sums to payment of such damages and expenses. We shall have the sole right to control the defense and settlement of any such claim, save that we shall consult with you prior to any settlement. You agree to provide reasonable assistance to us at your expense in the defiance of the same.

    Content standards 

    These content standards apply to any and all content that you post or upload to Shine Fairies and/or to any interactive services associated with it (including, without limitation, any messaging service that allows you to contact Customers). You must comply with the spirit and the letter of the following standards. The standards apply to each part of any post or upload, as well as to its whole.

    We are not responsible or liable to you or any third party for any content posted or uploaded anywhere as a result of your use of the Shine Fairies platform and/or the contract you had with a Customer.

    Suspension and termination

    We may at any time, whether with or without cause and whether with or without notice, immediately suspend your right to use Shine Fairies (including removal of your profile from the Site and the App) and/or terminate the legal agreement between us and close your account.

    You may terminate the legal agreement between us and request the closure of your account at any time on not less than (2) two weeks’ notice by emailing us at info@shinefairies.com

    We will determine, in our discretion, whether there has been a breach of these terms of use through your use of Shine Fairies and, if such a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions:

    • immediate, temporary or permanent withdrawal of your right to use ShineFairies.com (including termination of the legal agreement between us and closure of your account);
    • immediate, temporary or permanent removal of any content posted or uploaded by you to Shine Fairies;
    • issue of a warning to you;
    • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
    • further legal action against you; and
    • disclosure of such information to law enforcement authorities as we feel is reasonably necessary.

    We exclude liability for actions taken in response to breaches of these terms of use. The responses described in these terms of use are not limited and we may take any other action we deem reasonably appropriate.

    If we withdraw your right to use Shine Fairies:

    • all rights granted to you under these terms of use shall cease;
    • you must immediately cease all activities authorized by these terms of use, including your use of Shine Fairies.
    • you must return all appropriate belongings back to customers prior to the release of final payment.
    • you must, if applicable, immediately delete the App from all Mobile Devices; and
    • you must not attempt to re-register to use Shine Fairies.

    Other important terms

    You agree not to disclose, divulge or communicate directly or indirectly to any third party any information regarding us, Shine Fairies or any Customers (including their contact details) without our (or their, as applicable) prior written consent. You must not use any such information other than is necessary to provide the services requested by Customers.

    We may transfer our rights and obligations under these terms of use to another organization, but this will not affect your rights or our obligations under these terms of use.

    You may not transfer your rights or obligations under these terms of use to another person. However, at the approval of the Customer, you may sub-contract your obligations and work exclusively to other Shine Fairies Service Providers. If we fail to insist that you perform any of your obligations under these terms of use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

    Each of the conditions of these terms of use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

    These terms of use are not intended to confer rights on anyone other than you and us.

    Applicable law

    These terms of use, their subject matter and formation are governed by the laws of the United States (US).

    Any claim arising from, or related to, these terms of use will be subject to the exclusive jurisdiction of the courts located in the United States, with the exception of the following:

    • We retain the right to take legal action against you in any other court that has the authority to hear such cases.
    • Taking legal action in one or more jurisdictions will not prevent us from initiating legal proceedings in any other jurisdiction, whether simultaneously or not, to the extent allowed by the laws of that jurisdiction.