GENERAL TERMS AND CONDITIONS

Terms of Service

These Terms of Service (“Terms”) govern the relationship between Ferskify Finland OY (referred to as the “Company,” “Ferskify,” or “Service Provider”) and its subsidiaries, including Ferskify Norway AS with organization number 932567326, located at Dronningens gate 13, 0152 Oslo, along with all customers, whether private or business entities (collectively referred to as the “Customer”). These Terms of Service take effect from 21.04.2023 and can be accessed on Ferskify website https://ferskify.gogogoods.store/. The latest update to these Terms occurred on 14.04.2023.

General Terms and Conditions for Professional Cleaning Services

1. Purpose and Scope of Terms

The purpose of these General Terms and Conditions is to establish the legal framework governing the provision of professional cleaning services by the Company (referred to as “Company”) to its customers (referred to as “Customer”). These terms outline the rights, responsibilities, and expectations of both parties involved in the service agreement.

1.1 About the Company

The Company specializes in offering professional cleaning services for both residential and commercial spaces, hereinafter referred to as “Service.” The Service Agreement encompasses three key components:

– These General Terms,
– Specific Terms detailing prices, scope, and other agreed-upon conditions (“Specific Terms”), and
– The currently applicable price list.

In case of any inconsistencies or conflicts between these components, the provisions of these General Terms take precedence. The Company retains the right to modify these General Terms, with a commitment to notifying the Customer seven days before the amended terms take effect. Should the Customer disagree with the changes, they reserve the right to terminate the Agreement with a minimum notice period of 5 days before the changes become effective.

1.2 About the Service

Once a binding agreement is established between the Customer and the Company, the Company commits to providing the Service in accordance with the terms outlined in the Agreement. The Company may engage a third-party partner, referred to as a “Contracted Cleaner,” to carry out the Service. Details regarding required equipment, tools, and cleaning detergents are communicated to the Customer during the booking process and confirmed in the booking confirmation. In cases where the Customer provides tools and supplies, they must ensure the cleaner’s access to these items.

2. Service Order and Cancellation

The Customer binds themselves to the Service and the Agreement when they submit a relevant order through the Company’s website or make a payment to the Company’s representative. The Agreement is considered effective when the Company confirms the Customer’s order via email. The Company reserves the right to collect standard credit information about the Customer upon entering into the Agreement.

Customers have the right to cancel individual Services without incurring a fee if the cancellation is made up to five (5) days before the scheduled start time of the Service. For cancellations made less than five (5) days before the agreed start time, no refund will be provided. Changes and cancellations can be made directly through the Company’s app.

In cases of Customer absence or if the Company’s cleaners are denied access to the agreed premises at the scheduled time, it is considered a cancellation less than 5 days before the agreed start time of the Service. Changing the agreed-upon Service time is not possible less than 5 days before the start time. If a Customer wishes to change the agreed time within this timeframe, a new separate Service will be scheduled, and cancellation rules will apply to postponed Services.

3. Termination

Termination of subscription agreements requires direct contact with the Company via phone. Email and other written communication methods are not considered valid for terminating or canceling subscription agreements.

If the Service cannot be charged to the Customer in advance, the Company reserves the right to perform the Service as planned but will invoice the Customer afterward.

Subscription agreements can be terminated by the Customer in accordance with the agreed terms, with no additional notice period beyond the specified cancellation terms. Termination of the subscription agreement must be initiated by contacting the Company directly via phone, excluding email or other written communication methods.

The Customer holds the right to terminate the Agreement immediately if the Company fails to deliver the Services in accordance with the Agreement. The Company, in turn, has the right to terminate the Agreement if the Customer breaches their obligations and fails to rectify the breach promptly. Additionally, the Company may terminate the Agreement with immediate effect if there is a material breach by the Customer or if such a breach is anticipated in the near future. Unless otherwise agreed in writing, the Company reserves the right to terminate the Agreement and discontinue its Service offering with a notice period of no less than 14 days provided in writing to the Customer.

The Agreement will be terminated immediately if the Company does not receive its ordinary charge from the Customer before the Service is delivered. In such situations, the Company is obligated to inform the Customer promptly of the immediate termination of the Agreement.

For Customers classified as consumers under local law, a right of withdrawal is granted, allowing them to terminate the Agreement within 14 days of entering into it. This right, commonly known as the right of withdrawal, cannot be exercised if the Customer wishes the Service to start before the cancellation period expires. If the Customer decides to exercise the right of withdrawal, a clear message must be sent to the Company, and a refund will be processed promptly.

4. Promotions

Promotional prices may be subject to specific and limited conditions. Failure to meet these conditions may result in the Company charging the Customer an amount equivalent to the discount provided during the promotion.

5. Confidentiality

All employees of the Company and Contracted Cleaners are bound by a confidentiality agreement preventing them from disclosing any information about the Customer or their personal circumstances that they become aware of during the course of providing the Service. The Company commits not to disclose Customer information to third parties, except for essential partners whose contribution is indispensable to the provision of the Service. However, the Company retains the right to disclose Customer contact information when required by law, decree, or order issued by competent authorities.

6. Privacy

Processing of personal data about Customers is carried out in accordance with local legislation and the Company’s privacy and cookies policy, which is publicly accessible on the Company’s website at https://ferskify.gogogoods.store/

7. Payment and Payment Terms

The fee for the Service (“Fee”) is calculated based on information provided by the Customer during the ordering process. If discrepancies are identified in the Customer’s data, leading to an incorrect calculation of the Fee (e.g., incorrect details about the size of the housing or premises), the Fee will be adjusted by mutual agreement between the Company and the Customer, following the applicable price list for Services with an equivalent scope (“Adjusted Fee”).

Prices for Services are in accordance with the valid price list listed on the Company website unless otherwise agreed in the Specific Terms between the Customer and the Company. The Customer agrees to pricing when accepting the terms of subscription and by making the first payment for the Service. Prices include value-added tax (VAT) at the current rate.

The Company reserves the right to change prices, with any changes to the price list communicated to the Customer in writing seven days before the introduction of new prices. If the Company is unable to deliver the ordered Service, it undertakes to return the full amount of the price paid by the Customer for the undone services.

For subscription agreements, the Company charges the Customer’s credit card at the time of order for the execution of the Service. Subsequent charges are made prior to the next execution of the Service. In cases where the Service is a one-time occurrence, the Customer’s credit card is charged at the time of purchase. The Customer is charged the difference between the Fee and Adjusted Fee retrospectively.

If the Customer’s credit card payment fails for any reason at the time of debit, the Company will make repeated attempts to charge the card until successful or the cancellation policy comes into effect. If the payment is not successful after the second attempt, the Company will contact the Customer. If collaboration between the Company and the Customer does not resolve the payment issue, the Company reserves the right to cancel the Service.

8. Customer Invol

vement

Customers are expected to contribute to the performance of the Service by providing necessary details upon request. Loose items should be discarded by Customers before Service execution, and the premises to be cleaned should not be in worse condition than normal use. Customers must ensure that cleaners have access to the property from the first day of Service until the final date, as per the Agreement with the Company. In cases where an alarm system is present, the Customer should inform the Company and the cleaners about its existence before the first day of the Service and provide instructions on its usage. If the Customer fails to instruct the usage of the alarm system, and cleaners accidentally trigger the alarm, the Customer is responsible for any resulting consequences and related costs.

Cleaners, as trained professionals, are expected to act professionally during the Service. Customers are responsible for ensuring that cleaners have access to hot and cold water, working electrical outlets, and toilet facilities if needed for work environment reasons.

Customers shall ensure that there are no conditions or loose pets on the property or premises that may endanger the performance of the Service or the safety of cleaners. Cleaners have the right to cancel the Service if they have a reasonable belief that the performance poses a danger to health, safety, or the environment. If the Service cannot be performed due to Customer-related issues, the Company will charge the Customer for the costs incurred.

For a cleaner’s annual leave or sick leave, the Company will make efforts to arrange a substitute and promptly contact the Customer to agree on a suitable solution. Delayed execution of the Service due to a cleaner’s illness does not count as a delay according to Section 10 below. In such cases, the Company will arrange a separate Service by mutual agreement with the Customer.

9. Breaks

The Company reserves the right to use the Customer’s residence as a suitable breakroom when the total work time of the cleaner warrants it.

10. Complaints, Delays, and Shortcomings

a)Complaints:
Any complaints must be directed without undue delay through written communication to the Company’s physical address or digital channels, such as email or the Ferskify mobile application. The same applies to suspicions of theft. Complaints must be made in writing within a reasonable time or no later than 48 hours after the Service execution.

b) Reclamations:
An error exists if the Service deviates from what the Customer is entitled to expect from a professional cleaning service or what is otherwise agreed. There is no error if the deviation is due to circumstances on the Customer’s side, including but not limited to the lack of Customer involvement. Customers claiming a Service error must notify the Company within a reasonable time or no later than 48 hours after noticing or should have noticed the error (complaint). In the event of a fault, Customers may require remedies, deductions, or cancellation. If there is an error, the Company is entitled to rectify the defect if possible within a reasonable time and resources, for which it assumes sole responsibility. If the Company cannot remedy the deficiency, it may offer a proportionate price deduction on the next Service. If it is determined that there was no error in the Service performance, the Customer may be required to cover the related costs incurred by the Company.

c) Delay:
Delay occurs if the Service is not performed within the agreed-upon time period between the Customer and the Company. Delay is not evident if it is due to circumstances on the Customer’s side, including but not limited to the Customer’s lack of involvement. In the case of a delay, the Customer may request the Service to be performed later or demand termination of the Agreement with related compensation. The Customer may terminate the Agreement if the consequences of the delay are of essential importance to them. A Customer who demands Service performance despite the delay may not terminate the Agreement if the Service is completed within a reasonable timeframe or within the time limit set by the Customer. If it becomes clear before execution or before completion of the Service that a delay will occur, giving the Customer the right to terminate the Agreement, the Customer may terminate the Agreement before completion.

11. Limitation of Liability

Customers may seek compensation for financial losses resulting from the Company’s failure to fulfill the Service. However, this does not apply to the extent that the loss is proven to result from circumstances beyond the Company’s control and which the Company could not reasonably have anticipated or overcome during the term of the Agreement.

For damage to items and property not directly related to the Service, Customers can claim compensation if they can demonstrate that such loss resulted from an error or negligence on the part of the Company. The same applies to items and property damaged while in the Company’s custody or control. The Company is obligated to procure and maintain adequate business liability insurance from a recognized insurance company covering its obligations under this Agreement during the Agreement’s term. The Company’s cumulative liability under this Agreement, whether under contract, tort, or otherwise, is limited to claims covered by such liability insurance.

12. Force Majeure

Force Majeure events refer to any failure by a party to perform its obligations under this Agreement due to an impediment beyond its control, which it could not have taken into account at the time of the Agreement’s conclusion, and the consequences of which it could not reasonably have avoided or overcome. The Company is not responsible for delays or circumstances preventing Service delivery due to force majeure, including but not limited to strikes, insurgency, natural disasters, power outages, or lack of telephone coverage.

13. Interpretation and Conflict Resolution

These General Terms, along with related Agreement(s), are interpreted, construed, and governed exclusively by Finnish/Swedish/Norwegian law, without reference to its choice of law rules.

Conflicts between the parties shall initially be addressed through amicable negotiations. Should the parties fail to settle the dispute or claim, either party is entitled to initiate legal proceedings for final resolution. Any dispute, controversy, or claim arising out of or relating to this Agreement, or its breach, termination, or validity, shall be resolved by amicable settlement in a court-annexed mediation procedure at the district court of Helsinki, Finland/Stockholm, Sweden/Oslo, Norway.

By entering into an Agreement, both the Company and the Customer acknowledge and agree to abide by these General Terms and Conditions for Professional Cleaning Services.

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Jeg har ikke appen ennå, så det kan opplyses at appen er under utvikling og snart er klar.

I don't have the app yet, so it can be stated that the app is currently in development and will be ready soon.