Terms and Conditions - User

Last Update 11/04/2021

The following rules and policies along with the Ontaclean privacy policy (URL), compose a legal settlement “The Agreement” between The User (“You”) and OntaClean company (“us” or “we”). This Agreement commands the use of  “OntaClean App” and our site “https://ontaclean.com” “Our platforms” and may be modified and or updated sporadically.

If you do not agree with the terms and policies within this agreement you must not use any of our platforms otherwise you are accepting the agreement in its fully without exception and declaring the following :

• You are not legally underage.
• You have the legal right and authority to accept this Agreement.
• If you are representing a company or other entity, you have the absolute authority to act on their behalf and accept this agreement.
• You acknowledge that using the Ontaclean App you will be posting job offers that Approved Cleaners, “OntaCleaners” (as we will be referring to them within this agreement) will be able to see and accept via “OntaCleaner App”.

We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the OntaClean app. Your continued use of the OntaClean app following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.

Inside the limits of this Agreement and within the ambit of the applicable law, the terms and conditions for the use of our platforms are composed of :

1. OntaClean App is exclusively a communication channel 

OntaClean App is a mobile platform to aid the connection between Users and OntaCleaners allowing the User to select and hire several cleaning services that cleaners will perform in accordance with the OntaClean guidelines. for aforementioned services, cleaners shall provide a variety of equipment or cleaning products that are not provided, manufactured or sponsored by OntaClean. Cleaners are in their own liberty to choose the products and equipment they will use. Notwithstanding, the Users can choose to provide their own products or cleaning equipment through the OntaClean App. ONTACLEAN RECOMMENDS TO CLEANERS CERTAIN PRODUCTS OR TECHNIQUES BASED ON MENTIONED PRODUCTS, IN SPITE OF THAT ONTACLEAN IS NOT SUBSIDIARY, SPONSORED OR COMMEND ANY OF THE MANUFACTURERS, PROVIDERS OR RETAILERS.

2. OntaCleaners criminal background and insurance 

OntaCleaners are required to provide certain personal information before getting approved on our platform. OntaClean will check and review their information together with a required criminal background report issued by the designated third party and a CGL Insurance policy (6.1). These two factors do not exempt the carefulness and mindfulness of the precautions you shall have to safeguard your personal stuff and your property. User agrees that OntaClean has no responsibility for any damage or liability that might result from the OntaCleaners services. ONTACLEAN IS NOT RESPONSIBLE FOR THE ACTIONS, MANNERS OR BEHAVIOURS OF THE ONTACLEANERS EITHER VIA THE ONTACLEAN APP OR OUT OF IT AND WILL NOT BE LIABLE FOR ANY CLAIM, DAMAGE OR INJURY AS A RESULT OF THE ONTACLEANERS SERVICES

3. User Accounts and Personal Information

In order to access and use the OntaClean App platform, you must complete a registration process that can be either providing your email and assigning your own password or accessing throw third-party google authentication in which their own policies might apply. In any of these cases, you’ll be creating an account into the OntaClean Platform and you will be the only one fully responsible authorized User over the mentioned account. By completing the registration process you are agreeing that you have provided true personal information and you will not forge or take the place of someone else; providing untrue, inaccurate, offensive, not current or incomplete information otherwise your account might result in the immediate suspension or termination. If we in our own judgment and extended by the applicable law suspect that you have provided wrong or mistaken information might terminate or suspend your account immediately or make us request your proof of Identity sporadically. All the information collected, used, revealed or published by OntaClean Platform will be subject to the terms of the Privacy Policy.

As an exclusive authorized User over your account, you remain fully responsible for the classified information such as passwords and usernames. You are wholly and fully responsible for all actions and activities under your password and account with the exemption of the specific scenarios when OntaClean App may reschedule or cancel your booked services requested by you. The aforementioned changes will not be made by the User account, OntaClean does not have direct control over user or third parties accounts and disavows any responsibility or obligation originating therefrom.

3.1 Contact Information 

By providing your phone number via OntaClean Platform you acknowledge and agree to be contacted and allow OntaClean App under the applicable law to use your phone number for calls and text messages (SMS) with the purpose of simplifying, smooth or assisting you during the process of the requested services. You might receive charges from your phone provider for the aforementioned services such as standard call or SMS messaging, you can opt-out to receive these services acknowledging that this might affect the way OntaClean App works. You agree that all the data collected via calls and text SMS such as content, date, time, phone numbers, etc. are in conformity with the law for business basis only.  

By providing your Email via OntaClean Platform you acknowledge and agree that OntaClean App sends you transactional and confirmation emails in respect of the services you have requested. We might send other promotional emails. you can unsubscribe from them by clicking on the unsubscribe button at the bottom of any of the promotional emails or contacting us.

4.  Payments

When you book a service via OntaClean App and an OntaCleaner accepts it, you are composing and agreeing on a two-party contract. OntaClean App is not a party in the mentioned contract, OntaClean App is just the communication channel between those parties, facilitating and settling up the agreement about the services that you require and the payments for the OntaCleaners who will provide these services.

OntaClean App users will be charged prior to the booked services being provided. We will charge the OntaClean App user’s credit card in accordance with the amount that the user has agreed with for the OntaCleaner services along with third-party processors fees, the cleaning fee described below (4.1) and taxes for the requested services. In order to process the payment, you must provide accurate and complete information on your debit/credit card. No refunds or credits will be provided for OntaClean App users once the debit/credit card has been charged, except that on our own judgment we consider that we have made an error or due to specific promotions.

If you require to reschedule your booked services you must contact us via OntaClean App or at info@ontaclean.com, you can cancel your service through the OntaClean App within at least 15 hours prior to the booked services starts. You must contact us in order to reassign the credit to your account. Since our no refund policy as mentioned before you will receive some credits “OntaCredits”. If your cancellation is not within 15 hours prior to your booked services, you will be liable for the $ 25.00 Cancellation fee. In spite of we are unconditionally committed to shielding users debit/credit cards and all other personal information, we emphatically disclaim any liability for any damage that may arise as a result of the manipulation of the information within third parties and you agree to hold us free and harmless for any damage may result therefrom.

4.1 Cleaning Fee

Since OntaClean App charge per service added, we include an additional fee estimated of the number of services you have booked and the type of your property in order to compensate and make worth the time and journey in which the OntaCleaner is subject to perform the service.

OntaClean App calculates an additional fee called “Cleaning Fee” that it’s pointed to keep the platform working and to make it worth the cleaning services requested. Due to the long distances, kind of homes or, just the number of services required sometimes could be not fair enough the OntaCleaner payment. As we want them to be detail oriented and extremely good in the services they are providing you, we also want to be sure they’ll get the fair rate and motivate them to keep doing a great job for your future services.

5. Services Rate

OntaClean App charges based on the services you included in your booking, the payment terms may vary depending on how many services you have added and the number of bathrooms and/or bedrooms your property has. The more services you add the lower rate you will get in certain services and the fewer services you add could imply a higher rate to compensate the OntaCleaner for time and the trip to reach your location.

6. OntaClean App quality guarantee

We have provided training material and encouraged OntaCleaners to achieve the best cleaning practices notwithstanding, If you are not fulfilled with the quality of the initial service, OntaClean App will send another OntaCleaner to re-perform the uncompleted duties without extra charge. you must report the claim at Info@ontaclean.com within 72 hours after the Ontacleaner has completed the services requested via Ontaclean App.

6.1 OntaCleaners Insurance

OntaCleaners are encouraged to provide a CGL ( Commercial General Liability ) before getting an Active account in our platform. Notwithstanding, the aforementioned Insurance would work as secondary insurance in case that you have personal insurance such as homeowners, renter’s, umbrella or automobile policy that you agree would act as your primary insurance. If the cleaner decides no to provide the insurance policy, the absolute liability in case of accidents or losses arising from the service provided would be of the cleaner.

6.2 OntaClean liability

The OntaCleaner platform is not part of the contract and is just the technological channel where customers post a cleaning job offer and cleaners accept or not to provide their professional services under the agreed and acknowledged time and rate. You acknowledge and accept that OntaClean is not responsible for the accidents or losses that might arise from their labour during their activities performing the job. Nevertheless, OntaClean would assist and help provide the required information in accordance with the applicable laws to claim any dispute towards the cleaner who has provided the professional services.

In case you have been injured or affected from the service provided for an OntaCleaner you might let us know within the next 72 hours after the cleaner has completed the job. after you notify us you’ll be provided with the claim form where you can explain in detail what occurs and provide us some proofs if required. This form will be reviewed on a case by case basis and once will determine whether or not the OntaCleaner has full or partial responsibility, we’ll provide you with the cleaner information required for a further legal action.

7. Term of the Agreement

This Agreement is effective since you signed up on our platform and it will be in full effect until its termination for one of their parties, either you or us.

8. Agreement termination by OntaClean

OntaClean has its own right to terminate or suspend this agreement at any time and extendable to the applicable regulations by law if we consider that you have used OntaClean app with unethical faith, acted in a bad or disrespectful way against any of the OntaCleaners or infringed any of our policies. You will be notified via email or mail letter letting you know the termination of this agreement and your account will be deleted absolutely from our system with all its data. you have no possession or proprietorship rights to your account.

If your account has been closed by us you are forbidden to re-open or create an account in any of our platforms either under your name or some other false, not real or borrowed name even if you act as a representative or on behalf of a third party. We keep the right to take any further legal action if we consider it necessary or if it is what the laws mandate.

9. Agreement termination by you

You can fully terminate this agreement at any time by stop using our services and if you are excluded of the following facts :

• You have no upcoming services
• You have no opened claims with us
• You have no debts within OntaClean
• You have no violate or disrupt any of the OntaClean policies  
• any other action that reminds you a responsibility with us

If you have an upcoming service within 15 or more hours prior to your booked order, you can cancel your service without any cancellation fee through the OntaClean App. Otherwise, you'll be charged with a $25.00 fee if it is between 15 and 2 hours prior your service booked starts or with a full charge of the service if it is less than 2 hours.In this case you must cancel the service via email at info@ontaclean.com or contacting support through the OntaClean app.

10. Service cancellation by OntaCleaner

The OntaCleaner might cancel a booked job service in case of emergency or personal reasons. This would affect the OntaCleaner performance and OntaCleaner can be incurred in some fees as described in the “Cleaner Agreement”. In this case you will be notified via email that your service was released by the initial cleaner and your service will be re-posted in the available jobs giving the opportunity to other OntaCleaners to see it and accept it. OntaClean at this point cannot guarantee that your service will be accepted by other OntaCleaner. If your initial date and time are within less than 2 hours to start, we will ask you to reschedule it at no cost or you can choose to be refunded for that service.

11. Cancellation by force majeure 

Any natural, extraordinary or not normal but without no limitation reasons that might provoke to finish this agreement or the Ontacleans App operation.

12. User Inputs

OntaClean App has some public spaces such as chat rooms, jobs details boards, review notes and other messaging areas referred to as “Input areas” where users can provide some Inputs like details about the job they are requesting , reviews about their OntaCleaner or the service that was provided to them, communicate with the OntaClean’s support team, among others. Some of the aforementioned Input areas might be shared within the correspondent entity or individual that is straight related and some others could be shared with other audiences of the OntaClean app. The OntaClean app is not responsible for the information published on these Input areas and users must use them in a strict manner with the purposes of the OntaClean App and its policies. You agree and acknowledge that you are solely responsible for what you post in these Input Areas and we have on our own discretion the completely, unquestionable and royalty free right to post it in public and non-public areas either original or modified without any limitation.You agree that this right works as a sublicense that allow us to store,modify,publish,display,and distribute all the information you provided such as but not limited to videos,pictures,text,musical works for the entirely purpose of the OntaClean app Operation to improve the user experience or promote it. We have the right to remove or delete any information if we believe that it can be offensive or inappropriate within the OntaClean App purposes.    

 The following are NOT purposes of the aforementioned Input Areas or OntaClean App:

• Upload content that is offensive or violate the legal rights of other users
• upload corrupted files to attack the platform of OntaClean App or other users systems such as viruses or other malicious softwares
• post or publish content that denigrates, misrepresents or discriminates against any person, community or entity including but not limited to sexual, racist or non ethical content.  
• You have no rights to use or reference in any manner the Company's company names, logos, product and service names, trademarks or services marks or those of the Company's licensors ("Intellectual Property").

You also acknowledge and accept that you will not reverse engineer, hack, spam or intrude the OntaClean platform or any of it’s connected networks either manual and/or with automatic bots or parallel processes. You accept to use the platform on a regular basis with the only intention of getting and tracking your requested cleaning services and you will not remove, alter or forge any of the internal communications or spread  fake, not correct or wrong information through the OntaClean app platform such as location, personal information or any other internal transmission data.

the company's services and software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. the company is not responsible for any delays, service failures, or other damage resulting from such problems. You understand and agree to keep OntaClean harmless from and against any and all claims, costs, damages, losses, liabilities and expenses that arise for the aforementioned reasons.

13. Recruitment and OntaCleaners labour

OntaClean app is not a recruitment agency and it doesn't give any employment services due to the OntaClean App is just the technological channel of communication between you and the Cleaners offering their professional services we are not responsible to collect or hold back to the cleaners any payment in connection with permits, licenses, insurance, health benefits, workers compensation or insurance, disability benefits, employment insurance or taxes (including without limitation, foreign, federal, state, provincial, county and local income taxes) if we are found legally responsible for any tax or withholding tax in relation with your use of the cleaning services by an OntaCleaner you agree to indemnify OntaClean fully for any of the foregoing.

OntaCleaners are an independent business (sole proprietor / self contractors) and you accept and agree that we have no control over the OntaCleaners work. OntaClean App does not supervise or intervene in the way that the OntaCleaners perform their duties.  

14. OntaClean Gift Cards

Gift cards are not refundable and they are redeemable only for cleaning services. There is no cash refund and they cannot be used to buy other Gift Cards, pay for previous services or other third parties with their balance. Gift cards cannot be combined with other Gift Cards or coupons and it will not be replaced in case of getting lost or stolen. the following rules apply for the use of Gift cards but not limited to :

• If the total amount of your service requested is higher than the balance in your Gift Card, the complete balance is going to be applied on your invoice and you will have to pay only for the remaining difference. On the other hand, if the total amount is lower than your Gift Card’s balance, the total will be credited from your Gift Card  and the difference will stay in your Gift Card as your new balance.
• Gift Cards do not expire and do not have any service or maintenance fees
• You can buy a maximum of $200 either in one or multiple Gift Cards per day.
• OntaClean keeps the right to ban any Gift Card if we believe that it is copied, transferred or sold, altered, unapproved, forged or it came from an unauthorized or corrupt mode. OntaClean also reserves the right to correct it’s balance if we believe that there exists a billing error. In the foregoing scenario you acknowledge and accept to keep OntaClean harmless from and against any and all claims, costs, damages, losses, liabilities and expenses for such billing errors.
• Gift Cards are a matter of this agreement and the OntaClean app privacy policy and they could change without notice in advance. If other applicable laws by the government point to the Gift Cards they will be applied.

15. OntaClean App Coupons

As a result of promotional campaigns, special occasions or customer fidelity, we can provide Promotional codes “Coupons” that will give you a percentage discount or a certain amount  of discount to pay fully or partially the requested cleaning services. These promotional codes must be used once per user and they are subject to the terms and conditions described in the Gift Cards section. These promotional codes can be changed, deleted or modified at our sole discretion at any time and without any previous notice.  

16. Intellectual Property Ownership

OntaClean App alone (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the OntaClean Platform. This Agreement does not convey to you any rights of ownership in or related to the OntaClean app, or any intellectual property rights owned by OntaClean. OntaClean name, OntaClean logo, and the product names associated with the OntaClean platform are trademarks of OntaClean or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or use any copyright, trademark, service mark or other proprietary rights notices incorporated in or go with the OntaClean App.

17. Disclaimers

the laws of certain jurisdictions, do not allow the exclusion or limitation of legal warranties, conditions or representations. if these laws apply to you, some or all of the exclusions or limitations in these terms of service (including the following disclaimers and limitations of liability) may not apply and you may have additional rights.

• Malicious Software: OntaClean app does not guarantee and cannot warrant that the Content, or any links from the OntaClean platform, will be free of viruses, worms, malware, trojan horses or other code that manifests harmful or destructive nature. You are the only and fully responsible for prevent and use the pertinent tools to keep your systems safe and protected.You agree and understand that any cost for repairs or losses on your devices arise from the use of OntaClean platform is your own responsibility and you agree to keep OntaClean harmless for including but without limitation to any liability, claim or cost caused for the aforementioned reasons.
  
• Communications: Ontaclean Platform is devoted to keep accepted security practices in the transmission of data over Internet and public networks notwithstanding we do not guarantee the confidentiality of any inbound or outbound communication from or to the OntaClean platform. You acknowledge and agree that OntaClean does not guarantee the security of the data transmitted through OntaClean platform.
  
• OntaClean Platform, it’s services and the content are provided "as is" without warranty or condition of any kind. to the fullest extent permitted by law, OntaClean disclaims all warranties, representations and conditions of any kind with respect to including, but not limited to the OntaClean services, OntaClean platform, OntaCleaners services and the content whether express, implied, statutory or collateral, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that the OntaClean services, the OntaClean platform or the content are or will be error-free or will operate without interruption.
  
• OntaClean do not make any warranty as to any OntaCleaner’s registration, professional accreditation or license; nor do they make any warranty as to the results that may be obtained from the use of the OntaClean app, or as to the timeliness, accuracy, reliability, quality, suitability, safety, completeness or content of the services, professional services, or any products, merchandise, content, information or materials provided through or in connection with the use of the OntaClean app or this agreement.

• OntaCleaners are independent persons or organizations and not representatives, agents or employees of OntaClean. OntaClean is therefore not liable for the acts, errors, omissions, representations, warranties, contractual breaches or negligence of any OntaCleaner or for any personal injury, death, property damage, or other damages or expenses resulting therefrom and takes no responsibility whatsoever for the products or services offered by OntaCleaners.
  

18. Indemnification

You agree to defend, indemnify and hold harmless OntaClean Company, its licensors and their directors, officers, agents, contractors, partners, representatives and employees from and against any threatened or actual claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal fees, incurred in connection with or as a result of:

• your breach of these Terms of Service or any documents referenced herein;
• your violation of any law or the rights of a third party (including, without limitation, intellectual property rights and OntaCleaners rights)
• your breach of or failure to perform in respect of any Orders made by you or by any third party acting on your behalf or with your permission
• your use or misuse of or inability to use the OntaClean App
• Information and content that you submit or transmit through the OntaClean Platform

OntaClean reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us.

19. Dispute Resolution

These Terms of Service will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.These laws apply to your access to or use of the OntaClean Platform, notwithstanding your domicile, residency or physical location.

You agree that in case of any dispute, controversy or claim, past, present, or future, between you and OntaClean Company arise from any members of the OntaClean Company, or in respect of any legal relationship associated with or derived from these Terms of Service, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of you or us, You and the OntaClean Company may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Except to the extent restricted by applicable law, you and us agree that you and us will resolve any Dispute on an individual basis. Any claim you may have must be brought individually, in your individual capacity and not as a representative or class member, and you will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against any members of the OntaClean Company.

If the Dispute is not resolved after twenty (25) business days of a person serving notice on the other party that there is a Dispute, you and us agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc. The seat of the arbitration will be Ontario. There will be no appeals of any kind.

BY ACCESSING, BROWSING AND USING THE ONTACLEAN PLATFORM, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN YOU MUST NOT ACCESS OR USE THE ONTACLEAN PLATFORM OR ANY OF THEIR CONTENT OR SERVICES.