The terms and conditions stated herein (collectively this "Agreement") constitutes a legal agreement between Dream Clean Limited (the “Company”) and you the cleaner (the “Service Provider”). By using the services provided through the Company website located at dreamclean.ie (the "Service"), the Service Provider hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at dreamclean.ie.
The Company does not provide a cleaning service but simply provides a platform that connects the Service Provider to users of cleaning services through the Service (the “User”). The Company does not provide any cleaning services and any contract for the provision of such cleaning services is between the Service Provider and the User only. It is the duty of the Service Provider to perform any services requested by the User and accepted by the Service Provider through the Service provided by the Company website located at dreamclean.ie. It is up to the Service Provider to offer cleaning services which may be scheduled through the use of the Service. The Company offers information and a method to obtain such third party cleaning services, but does not and does not intend to provide cleaning services or act in any way as a cleaning service provider, and has no responsibility or liability for any cleaning services provided by the Service Provider to the User.
When the Service Provider applies to the Company to use the Service as a Service Provider, the Company will ask the Service Provider to provide certain information as required by the Company about the Service Provider. The Company will rely on the accuracy and completeness of this information in determining whether to allow the Service Provider to use dreamclean.ie and the Service as a Service Provider and the Service Provider therefore warrants that all such information is accurate, up-to-date and not misleading. The Service Provider’s use of dreamclean.ie and the Service is conditional upon the Company accepting the Service Provider’s application. The Service Provider authorises the Company and/or their appointed agents to carry out all necessary searches, including searches of consumer credit records, in order to verify the information provided by the Service Provider. The Service Provider confirms that they have all approvals and authority (including the necessary immigration status) required to work in Ireland on a self-employed basis and, in particular, to provide services to the User. The Service Provider must promptly disclose to the Company any matters which are material to their ability and suitability to provide services to the User, including any material changes thereto.
The Service Provider acknowledge that the Company may be required to conduct an audit of the Service Provider’s activities to ensure your compliance with these terms of use and the Service Provider agrees to co-operate fully with any such audit.
When providing cleaning services to the User the Service Provider undertakes to (i) to provide the services using all reasonable skill and care, in a timely and professional manner and in accordance with the highest industry standards, (ii) to comply with the terms of service that apply between the Service Provider and any User who engage the Service Provider through dreamclean.ie and the Service, (iii) to comply with all applicable laws and regulations, and (iv) to inform the Company if the Service Provider is convicted of a crime, which shall be deemed to be a breach by the Service Provider of these terms of use.
The Company does not carry out any checks on the User, and the Company cannot provide any sort of assurances to the Service Provider as to their conduct or the suitability or safety of their premises. Any visit by the Service Provider to the User to provide cleaning services are conducted entirely at the Service Provider’s own risk.
If a User requests the cleaning services of a Service Provider through the Service, the Service Provider (based on their location) may be notified of this and will be given the opportunity to accept the request of the User and enter into an agreement with the User and confirm the booking on a ‘first come first served’ basis. The Company will notify the User when the Service Provider has accepted their request and confirmed the booking. If a User decides to cancel a request once it has been accepted by the Service Provider, the Company only where it has been informed by the User of such cancellation will notify the Service Provider of this cancellation. If the Service Provider has to cancel a scheduled booking or are otherwise unable or unavailable to attend the agreed location to provide the cleaning services requested by the User, the Service Provider must notify the User as soon as possible and without undue delay.
The Service Provider will be paid a fee per completed hour of cleaning services carried out, as advised to the Service Provider during their application process or as otherwise notified to the Service Provider through the Service. All amounts due from the User in respect of the cleaning services provided by the Service Provider will be paid to the Company, and the Service Provider agrees not to request or accept any payment (whether cash or otherwise) direct from the User. The Company will collect all amounts due to the Service Provider for the provision of cleaning services to the User as the Service Provider’s agent and the Company will use reasonable endeavours to pay such amounts to the Service Provider within 14 (fourteen) days following the Company’s receipt of them. To the extent applicable, all fees are inclusive of VAT at the prevailing rate. If the Service Provider is registered for VAT they must let the Company know at the time of providing the cleaning services so that in invoicing the User the Company can charge VAT as the Service Provider’s disclosed agent and the Service Provider can account for VAT in accordance with law.
The Company does not indemnify the Service Provider against any loss that the Service Provider may suffer as a result of a User failing to provide payment for the Service Provider’s cleaning service or for the cancellation by the User of cleaning services. The Company will not accept any liability for, or responsibility to pursue, non-payment by a User.
The Company is the owner or the licensee of all intellectual property rights at dreamclean.ie and in the material published on it. The Service Provider acknowledges that they have no rights in or to dreamclean.ie or the technology used or supported by it other than the right to use it in accordance with these terms of use. The Service Provider will not use any part of the content on dreamclean.ie for commercial purposes without obtaining a licence or other written consent to do so from the Company.
The Service Provider shall maintain throughout the period of this Agreement and thereafter for a further two (2) years the confidential nature of all information acquired from the Company and the Service, and undertakes not to divulge such confidential information without the prior written permission of the Company. The Service Provider will not directly or indirectly disclose or divulge to any person, firm, or company any of the Confidential Information received from the Company or the Service or use for its benefit or gain or for the benefit or gain of third parties any of the Confidential Information of the Company.
The Service Provider as a result of receiving confidential information from the Company will gain access to the names of Users who use the Service of the Company. The Service Provider therefore agrees for the duration of this Agreement and for a period of one (1) year thereafter, not to directly or indirectly solicit or endeavour to solicit or entice away from the Company any such User who uses the Service of the Company, or whose contact details the User has received from the Company or the Service.
The Service Provider acknowledges that dreamclean.ie and the Service has not been developed to meet the Service Provider’s individual requirements and that it is therefore the Service Provider’s responsibility to ensure that the facilities and functions of dreamclean.ie and the Service meet their requirements.
The Company may introduce the Service Provider to Users of the Service for the purpose of providing cleaning services to these Users, however the Service Provider expressly waives and releases the Company from any and all liability, claims, loss, causes of action, injury or damages arising from the Service Provider’s use of dreamclean.ie or the Service provided by the Company. The Company shall not be liable to the Service Provider for any loss, damage or injury which may be incurred by the Service Provider whilst providing a cleaning service to the User booked by the User through the Service. In no event shall the Company be liable to the User for any indirect, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). The Company shall not be liable to the Service Provider for any loss, damage or injury which may be incurred by the Service Provider whilst providing a cleaning service to the User booked by the User through the Service. In no event shall the Company be liable to the User for any indirect, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage).
The Company will not be liable for (i) the Service Provider’s behaviour, acts or omissions or the quality of the cleaning services provided by the Service Provider as a result of the Service Provider’s agreement with the User, (ii) the behaviour, acts or omissions of any User who engages the Cleaning Provider through dreamclean.ie and the Service, (iii) any loss or damage caused by any bug, virus, distributed denial-of-service attack or other technologically harmful material that may infect the Service Provider’s information technology (including your Mobile Device), data or other proprietary material due to your use of dreamclean.ie or the Service.
The Service Provider warrants that during the term of this Agreement and for a period of two (2) years thereafter that the Service Provider will not entice nor seek to entice from the Company any of its employees or agents.
The Service Provider undertakes that for so long as the Agreement between the Company and the Service Provider is in force and for a period of one (1) year thereafter, not to accept a booking for your cleaning services from, or otherwise be engaged by, any User that the Service Provider has previously provided cleaning services to through dreamclean.ie or the Service provided by the Company, or whose contact details the Service Provider has received from the Company via the Service. For the avoidance of doubt, nothing in these Terms and Conditions shall prevent you from providing services to any third party, where the third party has not previously availed of the Service provided by the Company.
The Service Provider is not employed by the Company and this Agreement does not constitute agreement for the contract of services. Unless otherwise specified in these terms of use, the Company is also not responsible for, and makes no representations, warranties or guarantees as to, the behaviour, acts or omissions of any User who request cleaning services from the Service Provider or the quality of the services provided by the Service Provider.
The Service Provider is fully responsible for and will account for all tax in respect of any payments received by the Service Provider from the User for the cleaning services provided to the User through the Service. The Service Provider will indemnify the Company in respect of (i) any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment, claim or penalty arising from, (or made in connection with), these terms of use or the provision by the Service Provider of cleaning services to the User through the Service, where the recovery is not prohibited by law (including all reasonable costs, expenses and any penalty, fine or interest incurred or payable by the Service Provider in connection with or in consequence of any such liability, deduction, contribution, assessment or claim), and (ii) any liability arising from any employment-related claim or any claim based on employment status (including reasonable costs and expenses) brought by the Service Provider against the Company arising out of, or in connection with, these terms of use or the provision by the Service Provider of cleaning services to the User through the Service. If so requested by the Company, the Service Provider will cooperate fully with the Company in dealing with any queries, correspondence or investigation made of the Company or the Service Provider by any public authority concerning the Service Provider’s relationship with the Company and, if any such query, correspondence or investigation is addressed to the Service Provider, you will at once inform the Company in writing.
As the agreement to provide the cleaning services is between the Service Provider and the User, the Company is not liable to the Service Provider for any non-payment by the User for the cleaning services provided by the Service Provider to the User, including where the Company is instructed by the User to withhold from the Service Provider any payment otherwise due to the Service Provider. The Company is also not liable to the Service Provider where the User has cancelled a cleaning service to be provided by the Service Provider and booked through the Service whether or not the Company was notified of such cancellation by the User.
The Company does guarantee that the Service Provider’s use dreamclean.ie and the Service will result in the Service Provider generating or receiving any revenue or any particular level of revenue.
The Company reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate the Service Provider’s account (any part thereof) or use of the Service, or terminate the legal agreement with the Service Provider for any reason, including if the Company believes that the Service Provider has violated this Agreement. The Company shall not be liable to the Service Provider for any modification, suspension or discontinuation of the Service. The Service Provider may terminate the Agreement with the Company, and request the closure of the Service Provider’s account at any time by notifying the Company. Without prejudice to the Company's other rights under these terms and conditions, if the Service Provider breaches these terms and conditions in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including termination of this Agreement, suspending the Service Provider’s access to the Service, prohibiting the Service Provider from accessing the Service and/or bringing court proceedings against the Service Provider.
The Company may give notice to the Service Provider by means of a general notice on the Service, electronic mail to the Service Provider’s email address on record in the Company's account information, or by written communication sent by registered mail to the Service Provider’s address on record in the Company's account information. The Service Provider may give notice by means of a general notice on the Service, electronic mail to the Company’s email address, or by written communication sent by registered mail to the Company’s registered office address. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or 12 hours after sending (if sent by email).
These terms of use, their subject matter and formation are governed by the law of the Republic of Ireland. The Parties agree that the courts of the Republic of Ireland will have exclusive jurisdiction over any claim arising from, or related to, these terms of use. Nothing in the foregoing paragraph will limit the Company’s right to take proceedings against the Service Provider in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude the Company from taking proceedings in any other jurisdiction whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
If any of the provisions of this Agreement are found by any competent authority to be void or unenforceable such provision shall be deemed to be deleted from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect. Notwithstanding the foregoing, the Parties hereto shall thereupon negotiate, in good faith, in order to agree the terms of a mutually satisfactory provision to be substituted for the provision so found to be void or unenforceable.
The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between the Company and the Service Provider and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the Company and the Service Provider regarding the subject matter contained herein.
Each Party to this Agreement shall be deemed to be an independent contractor and notwithstanding anything to the contrary, this Agreement shall not be considered as establishing an agency or partnership between the Parties. No Party shall have authority to act for or bind the other Party to this Agreement except with the prior written consent of the other Party.