Cleaner Terms & Conditions

1. Terms & Conditions

• Welcome to Kept. Kept operates an App, website and portal dedicated to connecting users with cleaners (Kept Platform).
• These terms and conditions (Terms) set out the terms governing your use of the Kept Platform and any other affiliated platforms that Cleanseekers Limited (we, us or our) may introduce from time to time.
• Please read these Terms carefully before accessing or using the Kept Platform. By using the Kept Platform, you are deemed to have read, and agree to be bound by, these Terms. We may at our discretion amend these Terms from time to time.
• You are in the business of providing cleaning services (Services) performed by individual cleaners (Cleaner) who are employed or contracted to you.
• On the Kept Platform you can offer the Services to users (Users). We do not offer the Services. We are a third-party facilitator between you, the Cleaner and the User.
• If you have any questions or concerns in relation to the Kept Platform or these Terms, please contact us at support@kept.nz.

2. Operation of Kept Platform

• You must first sign up to the Kept Platform using a valid email address.
  
• You must register a company profile on the Kept Platform before you can offer Services to Users (Business Profile).
  
• To register a Business Profile on the Kept Platform you must:
  a. Provide contact details (including business name, GST or IRD number, postal address, email address, contact phone number);
  b. Provide details of the total number of cleaners working for your business;
  c. Set up a Stripe account and payment integration; and
  d. Set up calendar integration using Google Calendar.
  
• We may, but have no obligation to:
  a. Undertake checks designed to help verify you and/or the Cleaners identity or background;
  b. Screen you and/or the Cleaners against third-party databases or other sources and request reports from service providers; and
  c. Obtain reports in respect of criminal convictions.
  
• Once your Business Profile is created:
  a. You can add individual Cleaner’s listings to your Business Profile. You must provide the following information for each Cleaner and each listing:
         i. Profile photo;
        ii. Valid photo identification (i.e. NZ drivers licence or passport);
       iii. Weekly availability (days of the week and times);
       iv. Services offered;
        v. Hourly rate; and
       vi. Contact details.
  
• You may:
  a. Create a listing on the Kept Platform at any time;
  b. Modify a listing on the Kept Platform at any time; and
  c. Withdraw a listing at any time, provided that we may charge you a fee for withdrawing a listing once it has been confirmed by a User.
  
• The information you provide for each of your Cleaners must be complete and accurate. You are responsible for keeping your Business Profile and the Cleaner profile (including weekly availability) up-to-date and accurate at all times.
  
• You are responsible for all actions taken through your Business Profile.
  
• You must keep your login information (including your email address, username and password) secure and confidential at all times. We are not responsible for any unauthorised activity on your account if you fail to keep your login information secure.
  
• You will be provided one set of login details. Cleaners will not be provided individual login details.
  
• If we determine (at our absolute discretion) that you have breached these Terms, we reserve the right to decline to register or to suspend or cancel your Business Profile. If we exercise our rights under this clause, then you must:
  a. immediately cease using the Kept Platform; and
  b. not register, or attempt to register, a new Business Profile on the Kept Platform under a different username or identity.
  

3. Bookings & Fees

• Users can search for available cleaners on the Kept Platform by inputting certain search criteria (including, location of clean, details of location to be cleaned, date of clean and any special requirements). The Kept Platform will generate a list of Cleaners that aligns with the User’s search criteria.
  
• If a Cleaner’s listing is accepted by a User, then:
  a. a contract is deemed to be created between You and the User;
  b. the price specified by you in the listing which includes the Cleaner’s hourly rate (Cleaners Fee) and any amounts listed charged by you and/or the Cleaner for additional services (i.e. oven clean) or products and our service (Additional Services Fee) (together the Booking Fee) shall be deemed to be the agreed price for the job; and
  c. the Booking Fee will be automatically charged to the User’s credit card.
  
• It is your responsibility to ensure that the Cleaners Fee includes any taxes, GST or any other amounts payable by you and/or the Cleaners in relation to the Services. We reserve the right to change our service fee at any time.
  
• Upon our receipt of the Booking Fee from the User, we will send you an email notification that they have been assigned to complete the listing and update the status of the job to “Present”.
  
• Once the booking is confirmed we will email you a confirmation of the booking which will include the User’s contact details and the details of the Services. The Kept Platform does not allow you, the Cleaner and/or the User to communicate with each other. The responsibility to communicate via mobile phone and/or email falls on you, the Cleaner and/or the User.
  
• If a Users payment of the Booking Fee fails for any reason, the job will not be created.
  

4. Payments

• The Cleaners Fee will be paid to your stripe account if no dispute has been raised in relation to the listing within 5 working days and the status of the job will be changed to “Past”. If we reasonably expect to provide a refund to a User we may delay release of any pay out to you until a refund decision is made.
  
• If a User receives a refund in accordance with clause 5, after you have already been paid the Cleaners Fee, or the amount of the refund and other costs incurred by us exceeds your payout, we will invoice you separately for such amounts.
  

5. Cancellation by User

• Users can cancel or request to reschedule a booking in accordance with the table below. Your entitlements in the various scenarios are set out in the table below. These entitlements are subject to the dispute resolution process set out at clause 12 below.
  

6. Cancellation by you

• You can only cancel a listing without being charged in the following circumstances:
  a. The New Zealand Government declares local or a national emergencies, epidemics, pandemics and public health emergencies such that it would be unlawful for the personal movement associated with the provision of the Services to occur;
  b. Acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, rebellions, riots, insurrection, civil disorder and civil unrest
  c. Natural disasters, acts of God, large-scale outages of essential utilities, volcanic eruptions, tsunamis and other severe and abnormal weather events; or
  d. Within four hours of the User confirming the booking.
  
• If you believe any of the circumstances above applies to, but we have not notified you, please contact us to cancel the booking. 
  
• If you cancel in any other circumstances you may be liable to pay us the service fee associated with the booking. Kept will invoice you for the service fee.
  
• If a Cleaner fails to show up at a Booking on consecutive occasions, we reserve the right to close your Business Profile. You may also be liable to pay us the service fee associated with any future bookings booked with you and/or your Cleaners. Kept will invoice you for the service fees.
  

7. General obligations

• You must:
  a. If entering into these Terms on behalf of an entity, ensure that you have the requisite authority to bind that entity to these Terms;
  b. Make all listings, applications and communications through the Kept Platform in good faith;
  c. Not use, or encourage, promote, facilitate, or instruct any other person to use, the Kept Platform for any purpose or in any manner that is or would reasonably be considered to be illegal, harmful, or offensive;
  d. Not enhance, or attempt to enhance, your or any other Business Profile’s on the Kept Platform through improper or fraudulent means;
  e. Not complete a listing outside of the Kept Platform or otherwise seek to avoid payment of any fees we charge in connection with the completion of a listing;
  f. Not use the Kept Platform for general advertising, marketing or lead generation purposes;
  g. Not represent (whether expressly or impliedly) that any statements you make are endorsed or supported by us without obtaining our prior written approval; 
  h. Ensure that your listings comply with all applicable New Zealand law (including health and safety legislation) to the extent that they apply to your listing;
  i. Ensure that the Cleaners have the necessary skills, expertise, qualifications and resources to complete the job in accordance with the requirements of the listing;
  j. Identify health and safety risks to Cleaners and their representatives and eliminate or minimise health and safety risks so far as is reasonably practicable; 
  k. Maintain with a reputable insurer adequate public liability and professional indemnity insurance; 
  l. Not enable Cleaner’s to provide Services unless they are legally entitled to work in New Zealand; and
  m. Assume responsibility for any liability to User or other third parties that directly arise from yours or the Cleaners acts or omissions.
  

8. Obligations in relation to services

• Once the booking is confirmed you warrant to:
  a. Provide the Services with all due care, skill, courtesy and diligence and in accordance with the emailed booking confirmation;
  b. Provide the Services promptly and professionally;
  c. Provide all necessary equipment, tools and other materials necessary to provide the Services, at your own cost; and;
  d. Take all necessary steps to avoid any loss and/or damage to the User and/or to the User’s property.
  

9. Relationship

• These Terms:
  a. Are not an employment agreement, and does not create an employment relationship between us and you and/or us and the Cleaner; and
  b. Does not create a legal partnership, joint venture or give you the authority to bind us or hold yourself out as our employee, agent, legal partner or authorised representative.
  c. Provide all necessary equipment, tools and other materials necessary to provide the Services, at your own cost; and;
  d. Take all necessary steps to avoid any loss and/or damage to the User and/or to the User’s property.
  
• Except as otherwise provided these Terms, we will not direct or control you generally or in your performance of Services. We simply act as a payment collection agent and you agree that you have complete discretion whether and when to provide Services, and at what price and on what terms to offer them.
  

10. GST and taxes

• In relation to the Services, you are responsible for completing all tax registration obligations, for calculating and remitting all liabilities for taxes related to your provision of Services.
  

11. Reviews

• Our review system is designed to link customers with reliable and trustworthy cleaners.
  
• After each clean Users will have an opportunity to place a review of the User on the Kept Platform.
  
• If you have any concerns about a review please get in touch with us at support@kept.nz and we will attempt to resolve the matter.
  

12. Dispute Resolution

• Where any dispute arises between you and the User, you agree to use your best endeavours to attempt to resolve the dispute in good faith through negotiations or other informal means before pursuing any formal legal action.
  
• As we are not a party to any transaction between you and the User, we have no obligation to resolve any dispute that arises in connection with the Services. We will however use reasonable endeavours to mediate any dispute
  
• If you have not received a response from the User within 48 hours of notifying them of the dispute please email us at support@kept.nz with the booking reference, details of the issue (including photographic evidence) and we will attempt to resolve the issue for you.
  
• We require 7 working business days to respond to a dispute that is referred to us.
  
• We will consider providing a refund or reschedule to the User (but are not obliged to) in the following circumstances:
  a. confirmation that the Cleaner did not show up to an appointment;
  b. confirmation that the Cleaner did not perform the Services as set out in the confirmation email; or 
  c. excessive damage to property caused by the Cleaner in the provision of the Services.
  
• If Kept issues a refund to a User, after you have been paid, in accordance with clause 12.5 Kept reserves the right to invoice you separately for the amount refunded.
  

13. Risk and Liability

• You acknowledge that:
  a. We are not responsible or liable for acts or omissions of you and/or Cleaners in relation to the provision of the Services;
  b. We do not guarantee or give any representations or warranties:
         i. as to the integrity, reliability or solvency of you and/or Cleaners;
        ii. as to the competence, skills, qualifications or expertise of Cleaners or their capability to complete a job;
       iii. as to the content, safety, description, quality or legality of your listings;
  c. The Cleaners are not employees, contractors or agents of ours;
  d. We are not responsible for the misconduct of you and/or the Cleaners including those that have registered on the Kept Platform under false pretences or who attempt to defraud you.
  
• You acknowledge and agree that all transactions and other contact between you, the Cleaner and the User are conducted entirely at your own risk and that we do not act as agent for You and/or the Cleaner and the User nor do we participate in any transactions between You and/or the Cleaner and the User (except in our role of facilitating payments between You and the User).
  
• The Kept Platform is provided on an "as is" basis. To the maximum extent permitted by law, all warranties and representations (whether express, implied or statutory) relating to the Kept Platform are excluded.
  
• While we do our best to ensure that the information on the Kept Platform is accurate and up-to-date, errors and omissions may occur from time to time.  We do not accept any liability for any loss or damage which may directly or indirectly result from your use of or reliance on any advice, opinion, information, representation or omission contained on the Kept Platform.
  
• To the maximum extent permitted by law, our liability under or in connection with these Terms, the Kept Platform or your use of the Kept Platform (regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise) is excluded.  Our liability is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
  
• If, for any reason, we are liable to you or any other person, then our maximum potential liability for any liability, loss, damage or cost shall not exceed an amount equal to the Cleaners Fee in respect of which the liability arises as agreed between you and the User or the sum of NZ$100, whichever is the lesser amount.
  
• You agree to indemnify us from and against all actions, claims, costs (including legal costs on a full indemnity basis), losses, proceedings, damages, liabilities, or demands incurred by us or any of our directors, officers, employees, agents, contractors and representatives arising directly or indirectly out of: 
  a. your and/or the Cleaners’ access to or use of the Kept Platform;
  b. your and/or the Cleaners’ Provision of Services to Users; 
  c. your and/or the Cleaners’ breach of these Terms; 
  d. the exercise or enforcement, or attempted exercise or enforcement, by us of any of our rights or remedies, including in respect of the recovery of any outstanding fees from you and/or the Cleaners.
  
• If you breach these Terms, then without limiting any other rights and remedies available to us, we may (at our absolute discretion) limit your activities on the Kept Platform, remove your listings or other content, warn User, Cleaners and/or cleaning companies of your actions, issue a warning to you and/or suspend or terminate your account.
  

14. Privacy Policy

• You consent to receiving communications (including emails and newsletters) from us electronically and you agree that all agreements, notices and disclosures satisfy any legal requirement that such communication be in writing.  For the purposes of the Electronic Transactions Act 2002, you agree to be bound by any agreement reached through electronic means.  You can unsubscribe from these communications at any time.
  
• Any email communication we send you to the email address you provided at the time you registered as a user of the Kept Platform will be deemed to have been received by you 24 hours after it was sent.  You must update your email address on the Kept Platform as required to ensure that it remains current at all times.  We will have no liability to you or any other person for failing to deliver notices that result from inaccurate account information nor will we be required to contact you by alternate means if we receive notice by return email to the effect that your email address does not exist or if our email is otherwise undeliverable.
  
• We are committed to protecting your privacy.  Please refer to our Privacy Policy for information on how we collect, use and disclose your personal information.  You can find our Privacy Policy here. By using the Kept Platform, you accept our Privacy Policy and consent to the collection, use and disclosure of personal information in accordance with our Privacy Policy.
  

15. Intellectual Property

• We own all proprietary and intellectual property rights in:
  a. the Kept Platform;
  b. the software and other material underlying and forming part of the Kept Platform; 
  c. any trade marks, text, graphics, photos, logos, videos and copyright works relating to the Kept Platform; and
  d. all communications (including emails and newsletters) we send you in relation to the Kept Platform
  
• You must not, without obtaining our prior written approval, in any form or by any means, copy, store, display, publish, distribute, reproduce or create derivative works of any part of the Kept IP Rights. You acknowledge that any breach by you of this clause may cause damage to us which cannot adequately be remedied by damages and that, if you breach or act in a way which threatens to breach this clause, we may seek injunctive relief against you.
  
• You grant us an irrevocable, worldwide, royalty-free, non-exclusive licence to use, reproduce, modify and adapt any content and information you create on the Kept Platform for the purposes of publishing material on the Kept Platform and as otherwise may be required to provide our services, for the general promotion of the Kept Platform and as otherwise may be permitted by these Terms.
  

16. Unauthorised Use

• You must not:
  a. modify, interfere with or damage the Kept Platform or any software or hardware underlying or connected to the Kept Platform in any way;
  b. upload files that contain viruses, trojan horses, corrupted files or any other similar software that may damage the operation of another person’s computer;
  c. use any data mining, robots or similar data gathering or extraction methods in connection with the Kept Platform;
  d. harvest or collect any information (including contact details) in relation to other Users, Cleaners and/or Cleaning Companies; or
  e. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble the Kept Platform (or any part of it).
  

17. Termination

• We may at our discretion terminate your use of, or access to, the Kept Platform at any time. If this happens we may notify you by email. If your use of the Kept Platform is terminated:
  a. you are no longer authorised to access the Kept Platform using your user details; and 
  b. you will continue to be subject to and bound by all restrictions imposed on you by the Terms.
  
• You may terminate your Business Profile by emailing us at support@kept.nz. We will disable your Business Profile within 7 days of receipt of the email requesting termination of your user profile.
  
• We reserve the right to invoice you for any outstanding fees and charges owing to us by your Business prior to disabling your profile.
  

18. General

• Nothing in these Terms will constitute any relationship of employer and employee, principal and agent, or partnership between the parties.
  
• No waiver by us of any breach or failure to enforce any provision of these Terms by us in any way affect, limit or waive our right to subsequently enforce and compel strict compliance with these Terms.
  
• If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, the part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms and the remaining terms are binding.
  
• We are not liable to you for any failure to provide the Kept Platform or to otherwise perform our obligations under these Terms, to the extent the failure is caused by something beyond our reasonable control.
  
• The laws of New Zealand will govern any disputes arising out of or relating to use of the service or these Terms. You submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to any dispute connected with these Terms or the Kept Platform.