Terms and Conditions for use of Site and Services hereunder: (Cleaning Services)
Acceptance of Terms
The following terms and conditions govern all use of www.hellocleaner.ae (the “Site”) and the services available and offered from the Site (the “Service”). The Service is owned and operated by Qcom Cleaning Services. and its affiliated companies. The Service is offered subject to acceptance without exception of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Hello Cleaner.
Hello Cleaner reserves the right, at its sole discretion, to modify or replace any of these Terms of Agreement at any time. It is your responsibility to check the Terms of Agreement periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Agreement constitutes acceptance of those changes.
1. Terms of Agreement
1.2. In the event that the Client wishes to terminate the Agreement then they shall provide not less than thirty (30) days written notice of termination. Where the termination notice is served after the 2nd day of any calendar month then the termination date shall be deemed to be the expiry of the following calendar month and the Fee shall be payable up until such date even where services cease at the end of the thirty (30) day notice period.
1.3. Any termination of this Agreement as exercised by the Client under Clause 1.2 should be sent via email to the following addresses: email@example.com
1.4. The Company shall be permitted to terminate this Agreement at any time with immediate effect by serving written notice upon the Client to the email address written above, in the following circumstances:
1.4.1. where the Client fails to settle the invoice in full as per the terms and conditions set forth.
1.4.2. where the staff member is unable to provide the Services; or
1.4.3. where there is a change in the law or regulations which prevent the Company from providing the Services’ or
1.4.4. as provided under clause 2.5
1.5. Any termination exercised by the Company under clause 1.4 shall be without prejudice to any sums due to the Company under this Agreement. After settling all sums due, the Company shall within thirty (30) days refund to the Client any balance that may be due to the Client after making all necessary deductions and adjustments.
1.6. Under this agreement clients are not permitted to make any offer of employment to the staff, or encourage the staff member to break early employment contract with the company. Any client who directly engages staff members within a 12 month period of terminating this agreement, shall be liable to pay fees of AED16,500 to the company.
2. Fee and Payment Terms
2.1. Payment of the Fees are due 1st of each current month. Invoices shall be sent via email on the last week of the preceding month.
2.2. All Fees shall be subject to additional bank transfer charges of not less than AED20 per transaction and any such charges that the Company’s bank levy where the Client deposits payment by way of cash.
2.3. The Company reserves the right without penalty to suspend all Services to the Client where the invoice has not been paid in full on the 1st of each current month.
2.4. In the event that any payment made by the Client via cheque fails to clear for any reason then the Company shall on each occasion be entitled to levy an administrative charge of not less than AED200 in relation to re-presenting the same. Where payment fails to clear on one subsequent occasion the Company reserves the right to terminate this Agreement with immediate effect subject to the Client clearing all sums due to the date of such termination and as such, the obligation on the Client to pay shall survive the termination of this Agreement.
2.5. Any charges as described in the preceding paragraphs shall either be payable on demand to the Company or added to/adjusted against the following month’s invoice or adjusted at the final invoice for the Client and therefore any refund of the Deposit (as hereafter defined) that may be due to the Client.
2.6. Where the Client chooses to pay the Company for the Services in cash given to the Staff Member at any time then for such payment to be recognized and accepted by the Company, the Staff Member must be permitted to count the money and is not permitted to take sealed envelopes from the Client or their representative. Further, the Client must ensure that the Staff Member in question, signs a copy of the invoice and prints their name and inserts the date so as to record receipt of the correct amount. Failure to adhere to this process shall make the Client liable for any shortfall. The Company shall not be liable for any loss or shortfall of cash, where this has not been verified as being paid and signed for in the correct amount by the Staff Member.
2.7. The Client shall be responsible for all costs associated with the Staff Member gaining access to the apartment/villa and the building and/or community either as a single charge or on a monthly basis as required, including the costs of replacing any damaged keys or access cards/passes. Such costs shall include but are not limited to, security cards/passes for the building and/or community, keys or other access measures to enter the apartment/villa.
3. Deposit and Administration Fee
3.1. Upon signing this Agreement, the Client shall pay a refundable security deposit, as an undated cheque to the Company as set out herewith; For Services Contracted: Monthly / Weekly Cleaning Service (Deposit Required 1-month charges)
3.2. The Deposit shall be retained by the Company and shall either be refunded at the end of the Term or shall be adjusted against the final invoice due from the Client.
3.3. The Company shall be permitted to deduct from the Deposit all and any fees and expenses that are due from the Client and which the Client has failed to pay.
4. Housekeeping Staff Members
4.1. The Company shall at their discretion provide and designate the Staff Member(s) allocated to the Client.
4.2. The Company will use all reasonable endeavours to ensure that the same Staff Member that has been allocated to the Client shall be available for use during the term of the Agreement. However, where that Staff Member is unavailable or delayed or unable to perform the Services due to reasons including but not limited to sickness, transport run delays, accidents, logistics and planning then the Company shall not be liable to compensate the Client but shall use its reasonable endeavours to allocate a replacement where the Staff Member is unable to provide the Services for more than two (2) consecutive days per month. The Company cannot guarantee the timescale within which to provide an alternative Staff Member but shall aim to provide such alternative Staff Members as soon as possible.
4.3. Where the Client or the Staff Member complains of sickness and is unable to provide the Services, the Company reserves the right to request that the staff member obtains a medical certificate in respect of any sickness taken.
4.4 Where the Client terminates or seeks to suspend the Services of the Company (for example – due to vacation during the Summer months) but later requests to reinstate the Services then the Company shall use its reasonable endeavours to allocate the same Staff Member as previously used by the Client. If the previous Staff Member is not available then the Company shall not be liable and is not obliged to make any arrangements to procure the same Staff Member.
4.5 In the event that any Staff Member is absent due to sickness for more than two consecutive days then in addition to the Company using its reasonable endeavours to provide a replacement Staff Member, the Company shall also make an adjustment against the Fee for that month either in the following month’s invoice or at the end of the term of the Agreement. For the avoidance of doubt, where the Staff Member in any month is absent for up to two (2) days then no set off or deduction shall be made and no replacement shall be provided by the Company.
4.6. Where a Staff Member has excessive sickness or absenteeism for more than a working week and on more than three (3) occasions without a valid medical certificate or other valid reason as assessed by the Company, then the Company shall provide a replacement for the Client as soon as is practicable.
4.7 Where the Client wishes to request that any Staff Member’s Services be suspended due for example for long periods of travel then such notification must be made via email to firstname.lastname@example.org in clause 1.3 of this Agreement. Failure to do so shall result in the Client being responsible for any additional costs incurred by the Company where the Staff Member attends the villa/apartment of the Client but is not required or is unable to provide the Services.
4.8 All and any enquiries, issues, complaints or requests for changes to the Services, timings or otherwise must be made via email to email@example.com
5. Eid and Holidays and Ramadan Hours
5.1. All Staff Members shall be entitled to take paid holiday leave on all designated public holidays in the UAE for the private sector and in addition on 25th December in each year. Where a Staff Member agrees to work on such days (provided that the Company has approved the same) then they shall be entitled to paid leave in lieu and therefore to avail themselves of a day off in the future.
5.2 No deduction shall be made from the Fee for any public holidays including 25th December.
5.3 No Staff Members or Services shall be provided on the following days:
5.3.1 Eid Holidays-as per the Ministry of Human Resources and Emiratisation (MOHRE) announcement for Private Sector
5.3.2 25th December
5.3.3 1st January Ramadan Hours…all staff shall work no more than 8 hours per day, and all fees remain the same.
6. Duties of Staff Members
6.1. Staff Members shall only be permitted to provide the following services to any Client: “Building Cleaning Services”
6.2 For the avoidance of doubt, Staff Members shall not be permitted to and must not be requested to carry out any of the following duties and tasks:
6.2.4 Vehicle Cleaning
6.2.5 Driving of any vehicles
6.2.7 Cleaning of or exposure to hazardous, toxic or other dangerous substances including but not limited to cleaning up human/animal excrement and all human/animal bodily fluids. For the avoidance of doubt the above list is non-exhaustive and is subject to amendment by the Company at their discretion from time to time.
6.3 Where it is found that any Staff Members have been forced to or have undertaken any of the above duties referred to in clause 6.2 then the Company reserves the right to suspend all Services and the Client shall be responsible for and shall indemnify the Company for any loss or damage suffered as a result of such breaches.
7. Duties of the Client
7.1. The Client shall ensure that they notify the Company via the Email addresses set out in clause 1.3 of this Agreement of the requirements for access and security passes and similar so as to allow the Company to keep full details of such matters on their Client file
7.2 It is a matter for the Client to agree the details of the routines and work tasks with the Staff Member. The Company is able to provide suggestions and guidance on such matters if necessary.
7.3 The Client must ensure that all service charges, maintenance fees, community fees or otherwise are paid up to date so as to ensure that the Staff Member does not experience any difficulties in gaining access to the community or building within which the Client’s property is located. For the avoidance of doubt where any Staff Member(s) are unable to gain access to the Community/Building or the property of the Client for any of the foregoing reasons then the Client shall be liable in full for the Fee for the duration of time that such access is restricted or not possible and no deduction or set off shall be made.
7.4 If not requested The Client must provide at their own cost all cleaning equipment, cleaning products and any other tools, cloths or apparatus needed by the Staff Member in order to discharge their cleaning duties under this Agreement.
7.5 The Client must ensure there is water and electricity connection before making a booking. The Client will be liable to pay full amount of the booking if we couldn’t complete the job due to lack of water or power supply.
7.6 For full day Services, the Client shall be responsible to allocate 1 hour to the Staff Member for lunch break, and shall also be required to provide drinking water and to ensure that the Staff Member has a rest/bathroom area.
7.7 The Client must ensure that the Staff Member understands all duties that she is required to perform and that basic instruction is provided at the beginning of the engagement and throughout the provision of the Services as necessary. The Client must ensure that the daily/weekly chores to be carried out in particular during the first month are provided in writing so that the Staff Member’s position and duties are clear. Upon request the Company may provide suggested worksheets to assist with these requirements.
7.8 When the Client is travelling on a long vacation (in the summer months for example) the Client must notify the Company of their proposed period of absence and whether they wish to retain the Staff Member to carry out Services during their absence or whether they intend to terminate this Agreement.
7.9 It is the responsibility of the Client to ensure that all valuables, jewellery, money and other such possessions are in a safe and secure custody as the Company and the Staff Members shall not be liable to any damage or loss suffered in respect of the same.
In the event of there being any breakages or damages to household items, clothes or personal items then such damage or loss shall be entirely the responsibility of the Client and must be covered by the Client’s household insurance. The Company and its affiliates, group and associate companies shall not be liable for any loss damage, claims, or other liability.
9. Governing Law
This Agreement shall be governed and construed in accordance with the laws in force in the Emirate of Dubai and the federal laws of the United Arab Emirates. In the event of any dispute arising out of this Agreement, its terms or applicability, then such dispute shall be referred to the exclusive jurisdiction of the Dubai Courts.
(The below charges are subject to change and increase from time to time by the Company)
Developer Community Monthly Surcharge AED
Emaar Emirates Hills, Emirates Living, Springs, Lakes, Meadows, 50/-
All Arabian Ranches and Mira Communities. 50/-
Al Barari All 100/-
Nakheel All Apartment and Villas on Palm Jumeirah, Jumeirah Village Triangle; Jumeirah Park; Jumeirah Islands, Al Furjan, JVC…all developments associated with Nakheel 50/-
Dubai Properties The Villa Project-all other developments for Dubai Properties/Dubai Properties Group 50/-
Sports City Victory Heights 100/-
DSOA Dubai Silicon Oasis (one off payment, per Staff Member and valid for 12 months) 310/- one time
11. Limitation and Termination
The rights or remedies you may have against www.hellocleaner.ae; (domain); Qcom Cleaning Services and its affiliate companies (herein referred to as Hello Cleaner) are limited or excluded; and – you take on risk, responsibilities and liability. Hello Cleaner may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. As far as the law allows Hello Cleaner has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. Hello Cleaner reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Hello Cleaner shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that Hello Cleaner, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all. Further, as far as the law allows, you agree that Hello Cleaner shall not be liable to you or any third-party for any termination of your access to the Website or the Service.
As far as the law allows you agree to defend, indemnify and hold harmless Hello Cleaner, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential),, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your violation of any provision of these Terms; (ii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iii) any claim that your Content caused damage to a third party. As far as the law allows, this defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
13. Intellectual Property Rights
The materials on the Website, other than the user Content that you licensed under these Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Hello Cleaner, and are subject to copyright and other intellectual property rights under United Arab Emirates and foreign laws and international conventions. In connection with the Services, the Website may display certain intellectual property goods belonging to third parties. Use of these goods may be subject to license granted by third parties to Hello Cleaner. You shall, in no event, reverse engineer, decompile, or disassemble such goods and nothing herein shall be construed to grant you any right in relation to such goods. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Hello Cleaner reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.
This Section has important legal consequences for you. In this section: – the legal responsibilities and liability of Hello Cleaner are limited or excluded; – the rights or remedies you may have against Hello Cleaner are limited or excluded; and – you take on risk, responsibilities and liability. There are things that may go wrong when using the Website and/or the Service, including what is listed in this Section. Hello Cleaner is not responsible (liable) for anything that goes wrong, including what is listed in this Section. You use the Website and the Service knowing and accepting that these things can go wrong and that there are risks.
AS FAR AS THE LAW ALLOWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, HELLO CLEANER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. HELLO CLEANER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. HELLO CLEANER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HELLO CLEANER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT HELLO CLEANER SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. HELLO CLEANER MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL HELLO CLEANER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HELLO CLEANER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE HELLO CLEANER DOMAIN SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Hello Cleaner Cleaning Services LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. This website is controlled and offered by QCom Cleaning Services (DED License Number 932062) from its facilities in the Dubai, United Arab Emirates. Hello Cleaner makes no representations or warranties that the Website is appropriate for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
16. Your Use of The Site
o Use the Site for any fraudulent or unlawful purpose;
o Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
o Impersonate any person or entity, false state or otherwise misrepresent your affiliation with any person or entity in connection with the Site or express or imply that we endorse any statement you make;
o Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available or violate any requirements, procedures, policies or regulations of such networks;
o Transmit or otherwise make available in connection with the Site any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
o Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
o Remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
o Frame or mirror any part of the Site without our express prior written consent;
o Create a database by systematically downloading and storing Site content;
o Use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
o We reserve the right to revoke these exceptions either generally or in specific instances.