Terms of Service
RECITALS
Sophia Home Cleaning (“Sophia Home Cleaning”) operates an online platform at www.sophiahomecleaning.com (the “Website”) through which customers (“Users”) can book a service for the provision of domestic services (“Domestic Services”) by submitting a Booking Request. The customer is then matched with the most suitable cleaner for the Booking Request.
Sophia Home Cleaning is in the business of providing Domestic Services.
Sophia Home Cleaning does not offer Domestic Services through a third party nor hire contractors to facilitate the cleaning. The User enters into a contractual relationship with Sophia Home Cleaning for the provision of Domestic Services (“Cleaning Agreement”).
AND THE PARTIES AGREE AS FOLLOWS:
By accessing and using the Website, you agree to comply with the terms and conditions set forth in this agreement (the “Terms”).
1. Definitions and Interpretation
In these Terms (including the recitals), unless the context requires otherwise:
“Reservation” means the booking you make on the Website for Domestic Services.
“Booking System” means the online system that allows you to make a Reservation.
“Cleaning Fee” means the fee (including taxes on goods and services, if applicable) for Domestic Services charged on an hourly basis, as informed by Sophia Home Cleaning from time to time.
“Intellectual Property Rights” means all present and future rights worldwide in relation to copyrights, trademarks, designs, patents, or other proprietary rights, or any rights to register such rights, whether existing before or after your access to the Website.
“Payment Amount” means the amount you must pay for the Domestic Services under your Reservation.
“Website Content” means all material, content, and information available on the Website, including, but not limited to, written text, graphics, images, photographs, logos, trademarks, audio material, video material, and any other forms of expression.
“You” and “Your” mean you as the user of the Website.
In these Terms, unless the context requires otherwise:
(a) The headings are for convenience only and do not affect the interpretation or construction of these Terms.
(b) The singular includes the plural and vice versa.
(c) References to recitals, clauses, sub-clauses, paragraphs, annexes, or schedules are references to recitals, clauses, sub-clauses, paragraphs, annexes, and schedules of or to these Terms.
(d) Words implying one gender include other genders.
(e) The word “person” means an individual and any association, body, or entity, whether incorporated or not.
(f) Where any word or phrase is defined, any other part of speech or grammatical form of that word or phrase has a corresponding meaning.
(g) A reference to any statute, proclamation, rule, code, regulation, or order includes any amendment, consolidation, modification, reissue, or reprint of it or any statute, proclamation, rule, code, regulation, or order that replaces it.
(h) All monetary values are in U.S. dollars.
(i) A reference to time refers to Eastern Standard Time.
(j) “Includes” is not a word of limitation.
(k) No rule of interpretation applies to the disadvantage of any party because these Terms are prepared by (or on behalf of) that party.
(l) A reference to anything is a reference to the whole and each part of it.
(m) A reference to a group of people is a reference to all of them collectively and each of them individually.
(n) A reference to a document includes all amendments or supplements, or substitutions or novations of that document.
2. Terms and Conditions
Access to and use of this Website is governed by these Terms.
Sophia Home Cleaning periodically reviews the Terms and reserves the right to change the Terms, without any notice to you, by updating this document. You should review this document, as available on the Website, regularly, as any changes to the Terms take immediate effect from the date of publication in this document. Your continued use of the Website after any such changes are made will be deemed to constitute your acceptance of those changes.
You acknowledge that any hyperlinks or other redirection tools taking you to other sites operated by third parties that appear on the Website (“Third Party Sites”) are not controlled by Sophia Home Cleaning and do not form part of the Website. You agree that you will not hold Sophia Home Cleaning liable or in any way accountable for anything that occurs on any Third Party Site.
3. Acceptance
In order to use this Website and make a Booking, you must first agree to the Terms.
You accept the Terms by: (a) Creating a User Profile; and
(b) Clicking to accept/agree to the Terms.
Notwithstanding clause 3.2, you may not accept the Terms or access the Website if:
(a) You are not of legal age to form a binding contract with Sophia Home Cleaning; or
(b) You are a person barred from entering into contracts under legislation, in which case, you must immediately leave the Website.
By accepting the Terms, you agree that this is clear and unequivocal proof that the Terms are not unconscionable, that there is no unfair bargaining power or position, that there is no duress, and that you have carefully read and understood the Terms.
If you do not understand any part of the Terms, you should seek independent legal advice.
4. User Profile
You will be required to register your personal information, including your name, address, phone number, and payment details on the Website in order to make a Booking (“User Profile”).
You will be issued with a username and password that are linked to your User Profile. The username and password are personal to you and are not transferable. You are responsible for all information posted on or transmitted via the Booking System by anyone using your username and password, as well as any payments due for the Domestic services acquired through the Booking System by anyone using your username and password. You should notify us of any breach of security of your username and password immediately.
Sophia Home Cleaning may delete or block User Profiles at its own discretion. Blocked users are prohibited from setting up a new User Profile.
5. Booking System
To make a Booking, you must log in to your User Profile and use the Booking System to request a Booking. There is a minimum two (2) hour duration for a Booking. You will receive a Booking request confirmation receipt from Sophia Home Cleaning after submitting your Booking request.
Sophia Home Cleaning will then make your contact details, location, requested time, and the scope of the Domestic Service available to their Business network. An available Business will then confirm their acceptance of the Booking.
You are able to select a preferred Business. Sophia Home Cleaning will take your preference into account when facilitating the Domestic Service, however, a specific Business cannot be guaranteed and will depend on the Business’s availability.
When a Booking is confirmed by a Business, Sophia Home Cleaning will issue you with an acceptance email and attach the Cleaning Agreement that constitutes the relationship between you and the Business for the provision of Domestic services.
If the requested Booking cannot be facilitated, Sophia Home Cleaning will arrange an alternative time for the Domestic Service with you and a Business.
You are not permitted to engage the Domestic services of a Business other than through the Booking System on the Website.
The Booking System is provided on the Website to enable you to make legitimate Bookings and to make payments for those Bookings, and for no other purposes.
You confirm that you are at least 18 years of age and possess the legal authority to use the Booking System in accordance with these Terms. You also agree that all information supplied by you in using the Website and the Booking System will be true and accurate at all times.
Any speculative, false, or fraudulent Booking is prohibited. You agree that the Booking System will only be used to make legitimate Bookings for yourself or another person for whom you are legally authorized to act. You acknowledge that abuse of the Booking System may result in you being denied access to the Booking System.
Sophia Home Cleaning has the right at any time to add, change, or withdraw functions available on the Website at its own discretion.
6. Payment
You agree that at the time of Booking, your payment details will be transferred to Sophia Home Cleaning’s secure payment gateway. Sophia Home Cleaning may check the availability of funds on your nominated payment method to ensure sufficient funds are available.
Upon the successful completion of your Domestic Service, you agree to the automatic debit of the Payment Amount to your nominated payment method. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at the time of debit will be passed on to you.
A Booking will be considered complete at 5 p.m. the day after the Booking commenced. This window of time is provided to allow the customer to raise any issues or complaints with the service. Should Sophia Home Cleaning not be notified of any issues, it will charge the customer the full amount. Any complaints raised outside of this window will be handled at the discretion of Sophia Home Cleaning.
On receipt of the Payment Amount, Sophia Home Cleaning will hold the Payment until such time as it is remitted, refunded to you (if you are entitled to a refund), or transferred to Sophia Home Cleaning in payment of our fees and charges. No interest will be payable by Sophia Home Cleaning to you or the Business on amounts held by Sophia Home Cleaning.
Sophia Home Cleaning, on behalf and in the name of the Business, will issue you with an invoice.
7. Changes and Cancellations
You can cancel or amend a booking on the website, free of charge, up to 48 hours before the scheduled start of the Domestic Service.
If you cancel or amend a booking within 48 hours before the scheduled start of the Domestic Service, you may be subject to cancellation fees.
You cannot amend, extend, or cancel a booking during the performance of the Services.
The Cleaning Agreement will expire once the Domestic Services under the booking have been performed.
If the Business is unable to fulfill a confirmed booking (in full or in part), we will attempt to find you a replacement Business. If we cannot find an alternative Business, we will reschedule your booking to a new time that suits you. If we cannot find a suitable time for you, you may cancel the booking at no charge.
8. Domestic Services
8.1. Sophia Home Cleaning operates the website as a third-party facilitator for the Domestic Services and provides you with the platform to purchase the Domestic Services.
8.2. All bookings are subject to Business availability.
9. Business Ratings
9.1. You can post ratings on the website for the Domestic Services provided (“Ratings”).
9.2. Ratings must be based on demonstrable facts. They must be written fairly and objectively and must not contain any content that is offensive, abusive, likely to lead to criminal prosecution, or otherwise unlawful (e.g., content that infringes on third parties’ intellectual property rights). Ratings that violate this clause will not be published or will be deleted. Ratings will identify the User who posted the Rating.
9.3. By submitting a Rating, you grant Sophia Home Cleaning, free of charge, the usage rights to the text of the Rating without any territorial or time limitations.
9.4. Sophia Home Cleaning will have the right to handle the Rating in any manner it sees fit, including using it for further rating services, passing it on to third parties, or publishing it.
9.5. Unjustified multiple Ratings, self-Ratings, and other forms of Ratings that attempt to distort the rating system are prohibited.
10. Termination
10.1. Sophia Home Cleaning may, at its discretion, terminate your use of or access to the website at any time. If this happens, we may notify you by email. If your use of the website is terminated:
(a) You are no longer authorized to access the website or use any other Sophia Home Cleaning services with the email address you used to register on the website or any other email address you possess;
(b) You will continue to be subject to and bound by all restrictions imposed on you by the Terms; and
(c) All licenses granted by you and all disclaimers by Sophia Home Cleaning and limitations of Sophia Home Cleaning’s liability set out in the Terms or elsewhere on the website will survive termination.
10.2. You may terminate this agreement by emailing Sophia Home Cleaning at info@sophiahomecleaning.com. Sophia Home Cleaning will disable your User Profile within fourteen (14) days of receiving the email requesting termination of your User Profile.
10.3. Sophia Home Cleaning reserves the right to deduct any outstanding fees and charges owing to Sophia Home Cleaning and/or the Business on your User Profile prior to disabling it.
11. Dispute Resolution Policy
11.1. Sophia Home Cleaning will use reasonable endeavors to mediate any dispute concerning the use of the Website.
11.2. Disputes in relation to the Domestic Services carried out by a Business or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.
12. Security of Payment
12.1. We have taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment gateway is used to process all transactions and credit card details. Sophia Home Cleaning does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorized access to your information.
13. Privacy
Sophia Home Cleaning collects and stores the personal information you enter into the User Profile. The personal information collected by Sophia Home Cleaning will be maintained in accordance with our Privacy Policy available on the Website.
You agree that Sophia Home Cleaning will disclose your personal information, including your name, address, and phone number to the Business in order for the Business to carry out the Domestic Services.
14. Intellectual Property
14.1. The Site Content is protected by copyright, and Sophia Home Cleaning reserves all Intellectual Property Rights, which may subsist in the Site Content and/or the Website.
14.2. By accepting the Terms, you are granted a non-exclusive license to:
(a) View the Website;
(b) Print pages from the Website in its original form; and
(c) Download any material from the Website for caching purposes only.
14.3. You must not, without Sophia Home Cleaning’s prior written consent, which may be withheld at its absolute discretion:
(a) Copy, republish, reproduce, duplicate, or extract Site Content;
(b) Redistribute, sell, rent, or license any Site Content; or
(c) Edit, modify, or vary the Site Content.
15. Acceptable Use
15.1. You must not use, or cause this Website to be used, in any way which:
(a) Breaches any clause of the Terms;
(b) Infringes Sophia Home Cleaning’s or any third party’s Intellectual Property Rights;
(c) Is fraudulent, illegal, or unlawful; or
(d) Causes impairment of the availability or accessibility of the Website.
15.2. You must not use, or cause this Website to be used, as a medium which stores, hosts, transmits, sends, or distributes any material which consists of:
(a) Spyware;
(b) Computer viruses;
(c) Trojans;
(d) Worms;
(e) Keystroke loggers; or
(f) Any other malicious computer software.
16. Indemnity and Liability
16.1. General indemnity
You agree to indemnify Sophia Home Cleaning, on demand, against any claim, action, damage, loss, liability, cost, charge, expense, or payment which Sophia Home Cleaning may pay, suffer, incur, or be liable for, in relation to any act you do or cause to be done, in breach of the Terms.
16.2. General limitation of liability
We will not be liable to you in contract, tort, or equity in relation to any direct, indirect, or consequential loss you incur in relation to the contents, use, or reliance on Site Content or otherwise in connection with the Website.
16.3. Domestic services Liability
To the extent permitted by law, Sophia Home Cleaning will not be responsible and will be excluded from all liability for any loss or damage whatsoever (including personal injury, loss of life, and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in supplying) the Domestic Services.
16.4. Information accuracy
You acknowledge and agree that some of the Site Content may be provided by way of blogs or comments made by other users of the Website (i.e., Ratings), and that Sophia Home Cleaning does not accept any liability for the accuracy of such information or your reliance on the same. The Site Content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).
16.5. Acceptance
By using this Website, you agree and accept that the indemnity and limitations of liability provided in this clause 16 are reasonable.
17. Warranties and Representations
18. Special Promotions; Coupons and Gift Cards
18.1. We may offer monetary promotional materials to users. All promotions are at our sole discretion and can be modified or removed at any time without prior notice. Some coupons may be available only to first-time users – if we determine you are a returning user, we may revoke the coupon and charge you the full price accordingly.
18.2. When a user is provided with a referral code to invite a friend to the Sophia Home Cleaning platform in exchange for referral credits, the user is prohibited from using any form of online advertising to promote such a code or artificially increase the credits earned. This includes posting on forums, newsgroups, bulk emails, coupon websites, or using paid search marketing to distribute the code. The code is intended solely for personal friends and colleagues for legitimate referral purposes. We have the sole discretion to make such determinations and may cancel the code and/or credits if we find that you have violated this policy. Additionally, you cannot refer friends or colleagues residing in the same household, nor can you refer yourself. At our discretion, if we discover that you have done so, we reserve the right to revoke your coupon and re-charge you the full price of the service without prior notice. We will also revoke your referral credits.
18.3. Sophia Home Cleaning gift cards (“Gift Cards”) and vouchers or promotional codes for special offers or discounts (“Vouchers”) (individually, “Card,” or collectively, “Cards”) may be available and can be used to partially or fully pay for Professional Services. The Card must be presented at the time of purchase, and the available balance will be applied to your purchase.
18.4. You agree to use only one Voucher per household and to use Vouchers only for your first Professional Service. You agree to comply with all Voucher and Gift Card terms. Cards are non-replaceable if lost or stolen and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or coupons. Cards cannot be used for previous purchases, credits, or the purchase of gift cards, and cannot be used to pay for third-party items or a credit card balance. We reserve the right to limit the quantity of Gift Cards purchased by any person or entity and to cancel a Gift Card if we suspect that it was obtained fraudulently or without authorization. No credit card, credit line, overdraft protection, or deposit account is associated with your Card. If the Cardholder’s purchase exceeds the balance on the Gift Card or Voucher, the Cardholder must pay the difference through another method. Unused Gift Card balances are non-transferable. The Card is void if copied, altered, transferred, purchased, or sold. All Gift Card purchases are final and non-refundable. We reserve the right to correct the balance of a Gift Card if we believe a billing error has occurred, and we disclaim all liability for such billing errors. Cards and their use are subject to this Agreement (including the Privacy Policy), and by using the Card, you accept these terms. Applicable terms and conditions may change without notice. If the laws governing this Card require additional or different terms, those terms will apply.
18.5. Unused Gift Cards. Gift Cards have no cash value and cannot be redeemed for cash.
18.6. Gift Cards will expire 6 months after the purchase date.
18.7. Any credits that are manually purchased will be subject to the same Terms and Conditions as Gift Cards.
19. General Provisions
19.1. Any provision of these Terms that is prohibited in any jurisdiction is ineffective only to the extent of that prohibition in that jurisdiction.
19.2. Any provision of these Terms that is void, illegal, or unenforceable in any jurisdiction does not affect the validity, legality, or enforceability of that provision in any other jurisdiction or the remaining provisions in that or any other jurisdiction.
19.3. If a clause is void, illegal, or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.
