Terms of Service
Last Update: October 25, 2021
This agreement (The Cleaner Agreement) establishes the terms and conditions that you, as an independent cleaning contractor, of legal age who possesses the necessary capabilities to perform the services referred by this Agreement (The Cleaner Agreement), accepts and is committed to provide the requested services (B. THE SERVICES) by the third parties (Customers) and that you accepted through the ONTACLEAN PLATFORM (General Terms - A.1).
These service requests are submitted to you (the Cleaner) through the ONTACLEAN PLATFORM (OntaCleaner App) and you are free to choose which cleaning(s) request(s) want to perform.
THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY ONTACLEAN IN ITS SOLE DISCRETION AT ANY TIME TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THE TERMS WILL BE UPDATED ON THE WEBPAGE AND THE CLEANERS WILL BE NOTIFIED ABOUT THESE CHANGES.
A. GENERAL TERMS
A.1 The Platform & OntaClean parties
OntaClean Mobile App (Customer’s App), OntaCleaner Mobile App (Cleaner’s App) & the website WWW.ONTACLEAN.COM together constitute the ONTACLEAN PLATFORM.
The ONTACLEAN PLATFORM is a software designed and created by OntaClean and it's objective is facilitate and promote the interaction between independent clean contractors and service requesters, allowing registered customers to request and book house cleaning services (through the OntaClean mobile app). These requests will be visible in the platform(OntaCleaner mobile app) so the registered cleaners have access to them and be able to choose which one they want to perform.
The cleaner understands that ONTACLEAN's PLATFORM and it's services ease these deals and that OntaClean is not a vendor or a customer.
The OntaCleaner App allows cleaners to create an account and register on the ONTACLEAN PLATFORM in order to have access to review and accept requests for house cleaning services posted by customers through the OntaClean Mobile App.
The Cleaners are not employees, partners, joint ventures or franchisee direct agents of OntaClean or any service requester (customer) registered on the ONTACLEAN PLATFORM. Cleaners are independent cleaning contractors and use the OntaCleaner Mobile App to access customers' cleaning requests.
ONTACLEAN PLATFORM works as an intermediary between independent house cleaning service contractors and service requesters (customers).
A.2 OntaCleaner app And Terms of Use
In order to get access to the ONTACLEAN PLATFORM, the Cleaner must read and agree to the Terms of Use of the OntaCleaner App which are within this agreement by reference and which the Cleaner recognizes he/she has reviewed and accepted.
If the cleaner does not accept these terms of service, then the cleaner may not access or use OntaClean's platform, services and content.
Customers will post home cleaning service requests on the OntaClean App (Customer’s App), allowing the Cleaner to preview and accept or not the available requests through the OntaCleaner App (Cleaner’s App).
The posted cleaning requests contain data like date, time and address where the cleaning will be performed. Also the type and quantity of the cleaning services included. (Standard cleaning - Advanced cleaning) and the pay rate.
The cleaner will be able to review the posted jobs within OntaCleaner App and accept or not them according to their different requirements like date, rates, address - geographic data, cleaning type (B. THE SERVICES) and estimated working time. The OntaCleaner App does not guarantee that there will be a minimum number of jobs available to the cleaner at any time during the term of this Agreement.
The cleaner is not obligated to review the cleaning service requests posted on the OntaCleaner App or accept any cleaning service request by any customer at any time (H. TERM - Paragraph H.1).
Once the cleaner selects and accepts a cleaning service, both, the customer and the cleaner will be notified by the ONTACLEAN PLATFORM (OntaClean App and OntaCleaner App) and via email that the cleaning job has been booked and then a contract is established directly between the cleaner and the customer for the cleaner to perform and complete the requested service.
The cleaner hereby designates OntaClean as its disclosed agent for the purposes of entering into such a contract with the customer (service requester) regarding the cleaning jobs accepted by the cleaner.
The cleaner accepts that his/her name and phone number can be within reach to the customer (service requester) by or on behalf of OntaClean when the cleaning job is already booked.
A.3 Background Check
In accordance with the applicable law, OntaClean can conduct background checks. The cleaner needs to complete a background check in order to have access to the ONTACLEAN PLATFORM and be able to review and accept the cleaning service requests on the OntaCleaner App. This process will be done through the OntaCleaner App that includes this service linked with a background check provider.
Once the cleaner has access, OntaClean may conduct additional background checks on the cleaner through OntaClean's background check provider.
The cost of this background check will be borne by the cleaner.
B. THE SERVICES
The cleaners are independent contractors fully-licensed (to the extent required by applicable law) and qualified to provide the services (house cleaning).
In those jurisdictions where a license, permit, or certification is required to perform the services, the cleaner shall, upon request, provide proof to OntaClean of all necessary licenses, permits and/or certifications before the cleaner provides any such services under this agreement.
Cleaning requests may vary based on customer needs and the following factors:
- Property type and size (House, Apartment, Basement, House + Basement ...)
- Services included (Standard cleaning + Extra Services (Advanced cleaning) )
- Number of bedrooms and bathrooms.
- Cleaning supplies (can be supplied by the customer or the cleaner).
Standard cleaning
Advanced cleaning ( Extras + )
(Services we do not offer)
Due to liability, safety, and other considerations, we do not offer the following:
B.1 Completion of the Cleaning Services
Once the cleaner has accepted and has been assigned a job, the cleaner is contractually compromised to perform and complete the service according to the requirements and within the specified time-frame. This contributes to the ONTACLEAN PLATFORM being able to provide timely and quality cleaning services to customers and also benefit cleaners with consistent and well-paid job offers.
If the cleaner cancels the job, this will affect the cleaner's score in the mobile app and if repetitive, the cleaner's account may result in the termination of this agreement in accordance with SECTION H, except in the case of an unavoidable emergency, in which case the cleaner will notify the customer and OntaClean as soon as possible.
Rescheduling by cleaners is not possible. If the cleaner cannot perform the work and cancels the order, OntaClean will have the right to make that service request available again on the platform (OntaCleaner App) so vacant cleaners have the opportunity to review it and take it.
Additionally, at OntaClean's reasonable discretion, cancellation by the cleaner or the cleaner's failure to complete a service to the customer's satisfaction may result in liquidated damages being charged to the cleaner as described in Schedule 1, which can be modified from time to time by OntaClean.
The cleaner may also have a right to a fee or liquidated damages in case that a customer (service requestor) cancels or reschedules a job as described in Schedule 1. Modifications to Schedule 1 will be effective upon written notice to the cleaner and will replace each and every previous version.
The OntaCleaner App is focused on the results that the cleaner must achieve: Perform and finish the cleaning service efficiently, with quality and following the specifications of the customer (service requestor).
ONTACLEAN PLATFORM offers cleaners a free service called OntaSchool where they have access to tips on how to perform the cleanings. However, the cleaner has the freedom and responsibility for determining the way in which he / she will carry out the work under this Agreement.
As mentioned above, the cleaner has complete freedom and authority to determine how the cleaning will be performed, what products and what equipment will be used. However, the cleaner must keep in mind that this may be limited in some cleanings where the client has chosen the option to use certain products and/or equipment provided by the client.
Each cleaning service booked by the customers (service requesters) through the OntaCleaner App (customer app) , has specific requirements. The cleaner is aware and agrees that if the performed service is not completed in accordance with those requirements, that represents a non-compliance to this agreement and this may proceed to the liquidated damages described in Schedule 1 and / or the ceasement of this agreement accordingly with SECTION H, excepting that the cleaner fixes this non-compliance either completing the cleaning and achieving customer's satisfaction (without charging additional service fees to the service requester) or through a reduced service fee.
By accepting this Agreement, the cleaner authorizes OntaClean to withhold the amounts listed in Schedule 1 (where applicable) as payment for liquidated damages, if any, as set forth in this agreement, from the cleaner's service fees.
B.2 Customers Ratings
The cleaner is aware that to remain in OntaCleaner App, he must maintain a high quality service and professionalism. Cleaner acknowledges that the customer (service requestor) can evaluate and rate the quality of the service provided by the cleaner.
To ensure reliability, effectiveness and quality within the ONTACLEAN PLATFORM, the cleaner agrees to maintain a good score on the platform. This score is according to customer ratings and must be kept equal to or above the minimum score established by OntaClean in the OntaCleaner App.
The cleaner will be able to monitor the score within the app. If the cleaner's average persists below the minimum score, OntaClean has the right to make the notification, deactivate the cleaner's account and remove the cleaner's access to the platform.
B.3 Assistance personnel
The presence of the cleaner is mandatory at the time the service is provided because he / she is the person who is registered on the ONTACLEAN PLATFORM and the client has been notified about the cleaner assigned for the service. However, depending on the complexity of the cleaning and / or size of the space to be cleaned, the cleaner has the possibility of bringing up to 3 more people to assist it and to be able to finish the cleaning work with quality and on time.
The cleaner will select at his own discretion and will assume all the expenses associated with each and every one of the assistants, subcontractors or other personnel that the cleaner considers necessary and appropriate to complete the services.
The cleaner will be solely responsible for the administration and control of these assistance personnel and all their acts and omissions.
The cleaner is aware and responsible that these assistance personnel must be of legal age, have a valid work permit and that they have the appropriate physical and health conditions to carry out the work.
It is the sole and full responsibility of the cleaner to assume all of the following payments:
CPP (Canada Pension Plan) premiums for the cleaner and each of the assistants hired by the cleaner to provide the service.
The cleaner will be responsible for, and shall indemnify and hold OntaClean harmless for any claims, suits, or actions related to this provision, including any such claims brought by the cleaner or his or her assistants, subcontractors and/or other personnel, or by any third party with respect to any claims for taxes or contributions, including penalties and interest.
C. SERVICE FEES
C.1 Service Fees
The ONTACLEAN PLATFORM or more specifically the OntaClean Mobile App (Client Application), integrates a secure payment system provided by Stripe, one of the best online payment processing platforms for businesses today. The customer (service requester) will pay for the cleaning jobs directly from the OntaClean Mobile App using the payment processing system described above.
All requests for cleaning jobs posted on the ONTACLEAN PLATFORM by clients and made available to cleaners clearly indicate the profit to which the cleaner is entitled upon completion of the job. Additionally, data are indicated such as date, place and time in which the work must be carried out and other details such as type of cleaning required (what services are included), type of home, whether or not to provide cleaning supplies and comments / additional customer requirements.
The values indicated in each cleaning request are final values. They already have deducted the rates corresponding to taxes, operational costs and the profit that corresponds to the ONTACLEAN PLATFORM for providing the ease of contact between client and cleaner and generating the payment transaction.
Any modification or change in rates and values will be effective once upon writing notification to the cleaners have been made.
By accepting this agreement, the cleaner authorizes OntaClean to withhold from the customer's payments the operating costs, taxes and OntaClean's profit from the intermediation.
C.2 Service Fee Payment
When the cleaner completes the cleaning job, he/she will confirm the completion of the job through the app. The ONTACLEAN PLATFORM will notify the customer and also OntaClean, who will then initiate the review process about the work done, rating and feedback from the customer and whether or not a tip has been given. Full payment for the cleaning job (s) completed by the cleaner during the week will be paid directly to the cleaner's bank account in the following week. Payments are weekly.
OntaClean is committed to making the corresponding payment each week. If OntaClean does not remit that payment within the agreed term, it will be considered a breach in this contract.
OntaClean will not be responsible if for reasons beyond the control of the company, the amount paid is not accessible by the cleaner within that period. If applicable, OntaClean will report the payments paid to the OntaCleaner (cleaner) under this Agreement by filing the appropriate Form T4A with Revenue Canada as required by law.
D. TOOLS AND PROCESSES
D.1 Compatible Smartphone
The cleaner must have a smartphone with an active data plan and operating system Android version 7 (Nougat) or higher to install the OntaCleaner App. Through this application the cleaner will register on the platform and have access to cleaning job offers available. At the moment OntaCleaner App is not available for devices with iOS operating system (iPhone). We are working to have it soon.
Under no circumstances will OntaClean monitor or have the right to monitor the use of the OntaCleaner App by the cleaner through the smartphone, even though OntaCleaner App may collect operational data such as the functionalities that the cleaner uses within the application in order to improve user experience and the stability and performance of the software.
D.2 GPS y OntaCleaner App
In order to confirm that the cleaner will carry out the work selected and scheduled on the platform, OntaCleaner App collects the location coordinates (latitude and longitude location) of the cleaner's smartphone during a period of time that begins 30 minutes before the start of the scheduled cleaning job. And it ends once the cleaner reaches the place where the work will be carried out and begins to clean. During this 30 minute period, OntaCleaner App may share the cleaner's location coordinates with the customer (service requestor) in order to help coordinate the service between both parties and confirm that the cleaner will perform the accepted and scheduled work.
OntaClean App does not have the right to collect or use location data (GPS) for the purpose of controlling and / or checking how the cleaner is performing the tasks contemplated in this contract. OntaClean App also has no right to verify the frequency of use of the application by the cleaner.
The OntaClean App retains the location coordinate information to confirm that the cleaner has reached the assigned location and has started the scheduled cleaning job. The location coordinate data will be kept anonymous indefinitely. By executing this Agreement, Cleaner agrees to the use and disclosure of location coordinate information as described above.
D.3 Operational Costs
The cleaner as an independent cleaning contractor is fully responsible for all costs and / or expenses corresponding to the operation of his/her business and the execution of the cleaning services.
The cleaner assumes, provides and maintains the tools, equipment, supplies and other materials used to fulfill the cleaning services selected and scheduled by the cleaner in the OntaCleaner App.
The cleaner, at its own discretion and autonomy, will decide and select the equipment, supplies and materials that he/she will use to perform the services and also determine when, where and at what cost to buy or maintain the necessary equipment, supplies, tools and materials.
D.4 Identification
OntaCleaners (cleaners) are not required to wear clothing with OntaClean logos or display an OntaClean badge.
D.5 Permission to Use Image, Ratings and Reviews
The OntaCleaner (the cleaner) grants OntaClean permission to use his/her image and also the ratings and reviews that customers (service requesters) have made to the cleaner on the platform, related to the products and / or services available through the ONTACLEAN PLATFORM with the aim of advertising and promoting said products and / or services and / or the OntaClean App and / or the OntaCleaner App.
The use of this data by OntaClean is also to be able to identify the OntaCleaner (the cleaner) to the client (requestor of service) and also for other purposes that OntaClean considers reasonable and appropriate, except in provisions that the law considers prohibited.
At the moment the cleaner creates the account in the OntaCleaner App, he/she is asked to upload a photo which will be used by the ONTACLEAN PLATFORM to facilitate the identification of the cleaner to customers (Service requesters). The cleaner affirms and is responsible for owning the copyright of any image or content that he/she provides to OntaCleaner App.
E. RELATIONSHIP OF THE PARTIES
E.1 You enter into this Agreement as an independent contractor with a business relationship between you and OntaClean. It is understood that in agreeing to provide Services under this Agreement, the Contractor shall be acting and shall act at all times as an independent contractor, and not as an employee of OntaClean for any purpose whatsoever, including without limitation, for purposes relating to taxes, payments required by statute, or any other withholdings or remittances to any governmental agency or authority.
Under no circumstances shall you look to OntaClean as your employer, partner, joint venturer, agent, or principal, nor shall this Agreement be construed to establish any such relationship.
You shall not be entitled to any employee benefits. For the purposes of this agreement “employee benefits” means, without limitation, any employee benefit, pension, profit sharing, savings, retirement, deferred compensation, stock option, phantom stock, restricted stock, or stock purchase, insurance,health, dental, disability, employee welfare benefit, sick pay, workers’ compensation coverage, bonus, vacation pay, severance pay and other similar plans, programs and agreements.
You further acknowledge that this Agreement does not create any employer-employee relationship between a third party retailer and yourself, and that you are not entitled to any benefits, including but not limited to Workers’ Compensation coverage, afforded to any employees of a third party retailer.
E.2 OntaClean is interested only in the results to be achieved by you under this Agreement. You shall be responsible for determining the manner and method of performing all Services under this Agreement, and achieving the desired results, in a lawful and safe manner. OntaClean shall have no right to control or supervise you in your performance of the Services under this Agreement.
E.3 On a continuing basis, you shall be solely responsible for, and to the extent required by law:
YOU UNDERSTAND THAT ONTACLEAN DOES NOT PROVIDE ANY INSURANCE LISTED ABOVE. YOU FURTHER UNDERSTAND THAT ITEMS LISTED IN THIS AGREEMENT (FOR EXAMPLE, COMMERCIAL AUTOMOBILE INSURANCE OR COMMERCIAL GENERAL LIABILITY INSURANCE) MAY BE REQUIRED IN YOUR JURISDICTION, AND YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO DETERMINE IF ANY OF THE ABOVE IS REQUIRED. YOU AGREE TO ABIDE WITH ALL APPLICABLE LAWS, STATUTES, AND REGULATIONS AS THEY RELATE TO THIS SECTION.
OntaClean shall not be liable for any penalties, levies, fines, and/or fees, which may be imposed if such taxes and/or other contributions are not paid by you. You further agree that you shall defend, indemnify, and hold OntaClean and its affiliates, and their respective officers, directors, shareholders, employees, agents, successors and permitted assigns thereof harmless for any and all judgments, levies, fines, costs, penalties, assessments or fees associated with such required payments, or with respect to any demand or claim related in any way to any failure to declare, collect, remit, and/or pay on a timely basis all such taxes and related amounts.
E.4 You have no authority to make promises, agreements, or otherwise make commitments on OntaClean’s behalf.
E.5 OntaClean does not guarantee the availability of the ONTACLEAN PLATFORM. You understand that the ONTACLEAN PLATFORM may be unavailable at any time and for any reason. The ONTACLEAN PLATFORM may be subject to delays, and OntaClean is not responsible for any delays, damages, or losses resulting from the delays.
F. CONTRACTOR'S REPRESENTATIONS AND INDEMNITIES
F.1 You represent that you have the qualifications, insurance, licenses, registrations, and skills to perform the Services in a competent, professional, and reliable manner.
F.2 You agree that you shall and do hereby indemnify, defend, and hold harmless OntaClean, and OntaClean’s officers, directors, shareholders, employees and agents, and its or their successors and assigns, from and against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable legal fees and costs, that any of the foregoing persons or any other persons may incur or suffer and that result from, or are related to:
(a) The performance of the Services;
(b) Any breach or failure by you to perform or abide by any of the representations, warranties, and agreements set forth in this Agreement or incorporated by reference;
(c) Your violation of any law or the rights of a third party, including a customer, retail partner, or any individual associated with a retail partner, as a result of your own interaction with such third party;
(d) Any allegation that any materials that you use in carrying out the Services infringe or otherwise violate the copyright, trademark, trade secret, or other rights of any third party;
(e) Your ownership, use or operation of a motor vehicle or passenger vehicle, including during your provision of Services; And/or
(f) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. You agree that OntaClean is not responsible for any loss, damage or depreciation that may occur to your equipment, including but not limited to your vehicle.
F.3 ON A CONTINUING BASIS, YOU SHALL BE RESPONSIBLE FOR:
1- Maintaining a valid driver’s license and being medically fit to operate a motor vehicle;
2- Maintaining any other required licenses, registrations, insurance, and permits usual or necessary for performing the services;
3- Owning or having the legal right to operate the vehicle you use when providing such services; and
4- Driving safely and not engaging in unsafe behavior, including being under the influence of alcohol or drugs while driving.
You agree to provide, upon our request, proof of insurance coverage, valid licenses, valid vehicle registration, and your criminal or driving record, provided OntaClean can request this information under applicable law.
F.4 You will be solely responsible for procuring all equipment, supplies, tools, and/or instrumentalities that are necessary to perform the Services and obligations under this Agreement. You agree that while providing Services using the ONTACLEAN PLATFORM, you will maintain the latest version of the OntaCleaner App. You agree that by downloading and using the OntaCleaner App, you are bound by any future amendments and additions to information referenced in the OntaCleaner App, and the ability to continue to use of the OntaCleaner App is consideration for and consent to such changes.
F.5 You agree that you will perform the Services in a competent, professional, safe, and reliable manner, recognizing that the Services are personal to the customer, in order to maximize customer satisfaction and to achieve the results represented to the customer. You understand that the Services you provide to the customer create a direct business relationship between you and the customer. You also agree that repeated cancellation of your commitments to provide the Services results in abuse of the ONTACLEAN PLATFORM, making it less reliable for customers. You agree to comply with any laws and regulations applicable to the performance of the Services. You further recognize and agree that customer satisfaction in the services provided by the customer are measured, and poor customer satisfaction is a reason to terminate the Agreement under Sections B.1 and B.2, above.
F.6 You agree that the use of customer information (including but not limited to the identity, address, and contact information of customers) is governed by OntaClean’s Privacy Policy: https://www.ontaclean.com/privacy
You agree that you have had the opportunity to review this policy through the link provided. You agree that you will not use customer information in any manner that is inconsistent with the Privacy Policy, and that failure to abide by provision constitutes a material breach of this agreement. In particular, you agree that you will not use the OntaCleaner App to communicate with a customer except to the extent necessary to perform the customer’s cleaning and/or provide updates on the status of a customer cleaning service. Moreover, you recognize and agree that customer information is Confidential Information.
G. INSURANCE
It is the sole responsibility of the OntaCleaner (cleaner) to maintain in full force and effect adequate workers' compensation (or, if permitted by law, occupational accident insurance), unemployment, liability, and other forms of insurance, in each case with insurers reasonably acceptable to OntaClean, with policy limits sufficient to protect and indemnify OntaClean and its affiliates, and each of their officers from any losses resulting from the conduct, acts, or omissions of the OntaCleaner (cleaner) or the cleaner's assistants, agents, contractors, servants, or employees.
H. TERM; TERMINATION.
H.1 Term
This agreement shall be effective from the date the cleaner installs the OntaCleaner App and accepts the terms and conditions for using the ONTACLEAN PLATFORM. In case of prolonged inactivity of the cleaner on the platform, OntaClean has the right to temporarily deactivate the cleaner's account in the OntaCleaner App. It can be reactivated upon request of the cleaner to OntaClean.
The parties acknowledge that the term of this Agreement does not reflect an uninterrupted service arrangement, as this Agreement guarantees the OntaCleaner (cleaner) the right to choose when to make himself or herself available on the ONTACLEAN PLATFORM and each cleaning request referred and accepted is treated as a separate service arrangement.
H.2 Termination
1- OntaClean and the cleaner may terminate this contract immediately by written notice to the other party in the event of any material breach of the contract by either party. A material infringement will include, but is not limited to:
contract.
2- In addition to the foregoing, OntaClean and OntaCleaner (the cleaner) may terminate the Agreement for any reason by written notice.
H.3 Survival Clauses
The terms and conditions of this paragraph H.3 and paragraphs E, F, I, and J shall survive the expiration or termination of this Agreement.
I. ASSIGNATION
In accordance with the provisions of this agreement, the OntaCleaner (the cleaner) has the right to hire support personnel to carry out the cleaning work. However, this agreement cannot be assigned by OntaCleaner (the cleaner) without prior written permission from OntaClean.
By virtue of this agreement, OntaClean may at any time freely assign its rights and obligations. This Agreement will redound to the benefit of, be binding and enforceable for each of the parties hereto and their respective successors and assigns.
J. MUTUAL AGREEMENT TO ARBITRATE DISPUTES (“Arbitration Provision”)
J.1
The Parties agree to first attempt to resolve any dispute or claim amicably by providing 30 days prior written notice to file any dispute or claim.
If the Parties are unable to reach a resolution amicably, and except as provided explicitly in Section J.4 or as set forth in Section J.8, the Parties hereby agree that, to the fullest extent permitted by law, ANY AND ALL DISPUTES OR CLAIMS BETWEEN YOU AND ONTACLEAN, whether in contract, tort, or otherwise arising out of or in any way relating to this Agreement, the Services, or the relationship between the Parties, including but not limited to any disputes or claims regarding the formation (including any assertion of unconscionability or invalidity), existence, breach, termination, services, scope, validity, enforceability, applicability, or interpretation of the relationship between the Parties or this Agreement, shall be exclusively resolved by final and binding arbitration.
The Parties anticipate that by entering into this Arbitration Provision, they will gain the benefits of a speedy and less expensive dispute resolution procedure. This Arbitration Provision shall encompass all disputes and claims that OntaClean may have against you, or that you may have against OntaClean and/or any of its officers, directors, employees, owners, agents, representatives, benefit plans, sponsors, fiduciaries, agents, parents, subsidiaries, or affiliated entities arising out of or relating to this Agreement or the Services performed by you.
J.2 Class Action Waiver
By signing this Agreement, OntaClean and you agree that each may bring and pursue claims against the other only in their individual capacities, and may not bring, pursue or act as a plaintiff, class representative, or class member in any purported class or collective proceeding or action other than on an individual basis except to the extent this provision is unenforceable as a matter of law.
Notwithstanding any other provision in this Agreement, if the waiver set forth in this section is found to be unenforceable, the Parties agree that any class or collective action claims will be litigated in a court of competent jurisdiction and not as a class or collective arbitration.
J.3
J.4 Claims Not Covered
The only disputes or claims not covered by this Agreement are those that, as a matter of applicable law, the Parties cannot agree to arbitrate. Disputes or claims between OntaClean and any third party beneficiaries are also not covered by the terms of this Arbitration Provision.
J.5 Arbitration Procedures and Location
By signing this Agreement, the Parties further agree that any arbitration shall be conducted and resolved before a sole arbitrator selected in accordance with the Simplified Rules of the ADR Institute of Canada, Inc.
The Parties agree that the arbitration shall proceed under the Simplified Rules of the ADR Institute of Canada, Inc., with the Parties first attempting to select the arbitrator from a panel of arbitrator names provided by the ADR Institute of Canada, Inc., and if that is not successful, then the ADR Institute of Canada, Inc. will follow the Simplified Rules for the arbitrator’s selection.
The arbitration will be held:
*The language of the arbitration will be English.
J.6 Arbitration Costs, Lawyers’ Fees, and Costs
The arbitrator shall have the power to award and apportion the arbitration costs (including the arbitrator’s fees and expenses) in accordance with the Simplified Rules of the ADR Institute of Canada, Inc. Each party shall otherwise pay its own lawyers’ fees and costs.
J.7 Awards
The arbitrator is authorized to award any remedy or relief available under applicable law that the arbitrator deems just and equitable, including any remedy or relief that would have been available to the parties had the matter been heard in a court. The decision of the arbitrator shall be in writing and shall provide the reasons for the award unless the parties agree otherwise.
J.8
You have 30 calendar days from the date that you signed this Agreement to opt-out of the Arbitration Provision. However, opting-out of this Arbitration Provision does not affect any other part of this Agreement. If you opt-out of the Arbitration Provision, then neither you nor OntaClean will be bound by the terms of this Arbitration Provision. Should you not opt-out in accordance with this section within the 30 day period, then this Arbitration Provision will become fully effective and binding as of the date the Agreement is executed by you.
The written intent to opt out must be provided either by:
(1) sending electronic mail to info@ontaclean.com; or
(2) by sending a letter by Canada Post, or by any nationally recognized delivery service (e.g. UPS, Federal Express), or delivered by hand, to:
ONTACLEAN
264 Silverstone Drive, Etobicoke ON, M9V 3H8
Canada
K. NOTICES
Except as explicitly provided in Section J.8, any notices to OntaClean shall be given by certified mail, postage prepaid and return receipt requested to:
ONTACLEAN
264 Silverstone Drive, Etobicoke ON, M9V 3H8
Canada
Such notice shall be deemed given five days after the date of mailing. Any notices to you shall be provided through the OntaCleaner App or given via the email address you provided to OntaClean, and such notice shall be deemed given immediately upon sending.
Alternatively, OntaClean may provide you notice by certified mail to the address provided by you to OntaClean. In such case, notice shall be deemed given five days after the date of mailing.
L. CLIENT’S PRIVACY (Service requester)
The OntaCleaner (the cleaner) is aware and fully understands that he/she will receive confidential and / or private information from clients (service requesters) and that he/she will also have access to their homes and personal belongings at the time of providing cleaning services.
Except by order of a competent governmental authority, or with the written consent of the service requester, the OntaCleaner (the cleaner) undertakes not to publish, disseminate or reveal, for his own benefit or from third parties, any confidential information regarding applicants for services, including addresses, telephone numbers, or financial information.
The OntaCleaner (the cleaner) further agrees not to engage in any activity which violates the privacy of any client (service requester), including, but not limited to, taking unauthorized photographs or making unauthorized audio or video recordings of a client (service requester) or his or her homes or personal belongings, or publishing, disseminating or disclosing any such photographs or recordings.
M. SEVERABILITY
Except as explicitly set forth in Section J.2 and J.3, in the event that any provision of this Agreement is held to be illegal, invalid, void, null, or unenforceable, the remainder of the Agreement shall remain in full force and effect. The Parties further agree that any claims that are found not subject to arbitration under this Agreement, shall be stayed in a court of competent jurisdiction pending the outcome of the arbitration of any other asserted claims.
N. MODIFICATION
The OntaCleaner (the cleaner) hereby expressly acknowledges and agrees that, by using or receiving access to the OntaCleaner App, the cleaner and OntaClean are bound by the current version of this Agreement, including any modifications and supplements to this Agreement or the documents incorporated in it, including the Annexes that appear below.
The continued use of the OntaCleaner App after any modification or supplement to the Agreement will constitute the consent of the OntaCleaner (the cleaner) to such modifications and supplements. The OntaCleaner (the cleaner) is responsible for regularly reviewing this Agreement.
O. VOLUNTARY
By executing this Agreement, the Parties represent that they have been given the opportunity to fully review, comprehend, and negotiate the terms of this Agreement. The Parties understand the terms of this Agreement and freely and voluntarily sign this Agreement. If you have any questions about this Agreement, you may wish to seek legal advice and are free to do so.
P. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the law of the Province of Ontario and the federal laws of Canada applicable therein.
The language in all parts of this Agreement shall in all cases be construed according to its fair meaning and not strictly for or against either Party.
SCHEDULE 1 - LIQUIDATED DAMAGES FOR SERVICE FAILURE/CANCELLATION*