General terms and conditions

These General Terms and Conditions ("General Terms") apply between Freska Finland OY (hereafter referred as the “Company”, "Freska" or "Service Provider") and all of their subsidiaries, business identity number 2692895-8, having its registered address at Annankatu 27 A, 00100 HELSINKI, and Freska’s customers, both private and business customers (hereafter referred collectively as “Customer"). These General Terms and Conditions enter into force on 16.1.2019 and are available on the Freska's website www.freska.fi ("Website").

1. Subject matter and purpose of the terms The purpose of these General Terms is to determine the terms and conditions under which Company will provide Customer with a professional cleaning service.

1.1 About the Company The Company offers home cleaning ("Service") to Customer. The agreement on the service ("Agreement") consists of (i) these General Terms, (ii) the specific terms and conditions of the Service regarding prices, scope and other terms agreed between the Customer and the Company ("Specific Terms"); and (iii) at any time applicable price list.

In the event of any discrepancy between these General Terms and any of the above documents, the terms of these General Terms shall prevail.  The above appendices prevail in their descending numerical order, unless otherwise expressly provided in the relevant appendix.

Company reserves the right to change these General Terms. Changes will be notified to the Customer 30 days prior to the entry into force of the amended General Terms. Should Customer not accept the such a change, Customer shall be entitled to terminate the Agreement upon entry into force of the change, subject to providing Company with no less than 14 days’ written notice before the change becomes effective.

1.2 About the Service When a binding agreement exists between the Customer and the Company, the Company shall ensure that the Service is conducted in accordance with the Agreement. The Company is committed to ensuring that the Service is performed in a professional manner. For the purpose of carrying out the Service, the Company may use a cooperative partner (“Contracted Cleaner”).

The required equipment, tools and cleaning detergents, which must be provided by the Customer, are advised in detail in the booking process and also in the booking confirmation for the Customer.

The Customer must provide for the Company the necessary information about the above items in premises, so that the Service can be performed efficiently and to ensure the availability of the necessary equipment, tools and supplies.

If the Customer has chosen the Service to be performed by means of the tools and supplies provided by the Customer, then the Customer will ensure the cleaner's access to the said supplies.

2. Service order and cancellation Customer is bound to the Service and the Agreement, when the actual order is sent to the Company through the Website or paid to the Company's representative. The Agreement between the Customer and the Company has deemed to been concluded when the Company has confirmed Customer’s order by email. Upon entering into an above stated Agreement, the Company reserves the right to collect customary credit information about the Customer. Customers are entitled to cancel the Service up to forty-eight (48) hours before the Service start time without any Fee (defined later in the text) being charged. In the case of cancellation is done less than forty-eight (48) hours before the Service’s performance the Customer shall not be refunded. Cancellations due to illness are refunded 100% provided that a medical certification is presented, and a notice of cancellation is given before the agreed start time of the Service.

Customer’s non-attendance, or if Company cleaners cannot access the agreed premises at the booked time, is counted as cancellation less than 48 hours before.

Rescheduling of a Service is not possible less than 48 hours before the Service start time. If a Customer wants to reschedule less than 48 hours before, a separate new Service will be scheduled. The cancellation policy applies to the rescheduled Service. Cancellations are made in written form to the Company’s physical address OR the company’s digital channels such as email or the Freska mobile application.

If the Service cannot be charged from the Customer beforehand, the Service will be cancelled 48 hours before the Service start time.

3. Termination Subscription Agreements are ultimately terminated by Customer and in accordance with the extent agreed with Customer. There is no notice period for the Customer other than above mentioned cancellation terms. Termination of the subscription Agreements are made in written form to the Company’s physical address OR to the Company’s digital channels such as email or the Freska mobile application.

Customer has the right to terminate the Agreement immediately, if Company fails to deliver the Services provided under the Agreement.

Company has the right to terminate the Agreement, if the Customer fails to comply with the obligations of the Agreement and does not promptly correct them as requested by the Company. The Company has the right to terminate the Agreement with immediate effect upon written notice to the Customer, if Customer breaches the Agreement materially or it becomes evident that the Agreement will be materially breached by the Customer in near future. In addition, unless otherwise agreed in writing, the Company reserves right to terminate this Agreement and terminate its Service offering at its sole discretion with no less than 30 days’ prior written notice to the Customer.   The Agreement shall also be terminated immediately, if Company fails to make a regular Service charge before the Service is provided. In these situations, Company has an obligation to inform the Customer promptly of the termination of the Agreement.

In accordance with the local legislation, the Customer being a natural person (“Customer”), the Customer has the right to terminate the Agreement within 14 days after the conclusion of the Agreement (cancellation deadline). Customer understands that if the Customer wishes that the Service commences before the expiry of the withdrawal period, the right of withdrawal may not be exercised after the Service has been delivered. If Customer wishes to exercise the right of withdrawal, the Customer must send a clear notice of withdrawal decision of the Agreement (e.g. a letter sent by mail or email) to the Company. The Company's contact details are shown above. If the Customer withdraws from the Agreement, the Company will pay back all payments received from the Customer, including Supply costs. The repayment will take place without unnecessary delay and in any case no later than fourteen (14) days from the date on which the Company was informed of Customers decision to withdraw from the Agreement. The Company will use the same payment method for the refund that Customer him/herself has used for the initial business event, if Customer has not explicitly agreed with the Company on anything else.

4. Promotions Promotional prices may be subject to separate and limited conditions. If conditions are not met, the Company reserves the right to charge the Customer for the amount corresponding to the discount given in connection with the promotion.

5. Confidentiality All Company employees and Contracted Cleaners have written a confidentiality agreement that does not allow them to disclose any information about the Customer or his/her/its personal circumstances that they have been aware of. Company will not disclose Customer information to any third parties, except those partners whose contribution to the provision of the Service is indispensable. Notwithstanding the foregoing, Company shall be entitled to disclose Customer contact information, where such disclosure is required pursuant to law, decree or order issued by competent authorities.

6. Privacy Personal data about Customers is processed in accordance with the local legislation and it is processed in accordance with the Company's privacy and cookies policy published at https://www.freska.fi/tietosuojaseloste.

7. Payment and payment terms The fee for the Service ("Fee") is calculated upon ordering on the basis of information from the Customer. If it appears that the Customer's data, on which the calculation of the Fee is based, is in some way incorrect (e.g. the incorrect details of the size of the housing or premises have been stated), the Fee will be adjusted by mutual agreement between the Company and the Customer in accordance with the applicable price list for Services with equivalent scope ("Adjusted Fee").

According to local legislation and practices, a Finnish Customer may be eligible to deduction of household expenses (kotitalousvähennys). The Company will send to the Customer a clear calculation of the Services purchased in the beginning of the year as well as the instructions how to use the deduction in the personal taxation.

8. Prices and billing The prices of the Services are in accordance with the valid price list as listed on the Company website unless otherwise has been agreed in the Specific terms between the Customer and the Company. Customer agrees to pricing when accepting the terms of subscription and by paying for the Service for the first time. The prices include a value-added tax in accordance with the current VAT rate. With one-off cleanings, the client pays the cleaning upon ordering. Regular cleaning is charged not earlier than ten (10) days prior to Service delivery from the Customer's credit card but the policy may differ per country and can be found on the FAQ section on the Company’s website. Company reserves the right to change prices. Any change in the price list will be notified to the Customer in writing 30 days before the introduction of new prices. Company undertakes to return the full amount of the price paid to the Customer for undone services if Company is unable to deliver the Service ordered.

When ordering a subscription agreement, the Company charges Customers’ payment card at the time of order for the execution of the Service at one time. Thereafter, Customer is charged prior to the next execution of the Service. In the event of an agreement that the Service is to be performed at one time, the Customer credit card is charged at the time of purchase. Customer is charged the difference between the Fee and Adjusted Fee in retrospect.

If the Customer’s card payment is not successful for any reason at time of debit, the Company will attempt to charge the card repeatedly until succeeded or the cancellation policy will enter into force. If the payment is not successful by the first attempt, the Company will contact the Customer. If the Company collaboration with the Customer does not resolve the charging issue, the Company has the right to suspend the execution of the Service until the outstanding payment has been paid in full.

9. Customer involvement The Customer shall contribute to the performance of the Service. Customer shall upon the request provide details of any particular circumstances that the Company must take into account in the performance of the Service. In order for the Service to be performed, Customers must, to a reasonable extent, discard loose items before performing the Service and the premises to be cleaned must not be in worse condition than normal use of a premises.

Customers shall ensure that cleaners have access to the property from the first day of Service until the final date, in accordance with the Agreement with the Company. If there is an alarm system in the premises, the Customer shall inform the Company and the cleaners of its existence before the first day of the Service and shall instruct the cleaners, how to use the system. If the Customer does not instruct the usage of the alarm system and cleaners accidentally cause the alarm, the Customer is responsible of such consequences and related costs.

Our cleaners are professionals and act accordingly when providing the Service for the Customer. Our cleaners will execute the service within the time period agreed between the Customer and the Company.

Customers are responsible for the cleaners having access to hot and cold water as well as working electrical outlets during the performance of the Service. The cleaner should also be entitled to use the Customer’s toilet facilities if needed for the work environment reasons.

Customers shall ensure that there are no conditions or loose pets in the property or premises that endanger the performance of the Service or the cleaners. Cleaners have the right to cancel the performance of the Service if he or she has reasonable reason to believe that the performance poses danger for health, safety and the environment. If the Service cannot be performed and it is due to Customer, the Company will charge the Customer for the costs incurred by the Company in connection with this. For a cleaner's annual leave and any sick leave, the Company will try to arrange a substitute for her or him and contacts the Customer promptly for agreeing the suitable solution. If the cleaner becomes sick suddenly and is able to provide medical certification of the condition, this does not count as delay on section 10 below. Company will arrange a separate Service in this case by agreeing it mutually with the Customer.

10. Complaints, delays and shortcomings a) Complaints Any complaints may be directed without undue delay are made in written form to the Company’s physical address OR the company’s digital channels such as email or the Freska mobile application. The same applies to possible suspicion of theft. Customer must provide necessary details and evidence (e.g. pictures) of the damages or underperformed service. Customer is entitled to complain within reasonable time or latest 3 days after the service execution in written form to the Company’s physical address OR the company’s digital channels such as email or the Freska mobile application.

b) Reclamations A failure exists if the Service is not performed according to what the Customer is entitled to expect from the professional cleaning service and what is otherwise agreed. There is no failure, however, if the deviation is due to circumstance from the Customer side, including but not limited to the lack of involvement of Customer. If Customer wishes to claim that the Service is incorrect, Customer shall notify the Company within a reasonable time or at latest 3 days after the Customer noticed or should have noticed the failure (complaint). In the event of a fault, Customer may require remedies, deductions or cancellation. If there is a failure, the Company is entitled to rectify the defect if it can be done within a reasonable time and resources. The Company is solely responsible for this. If the Company is unable to remedy the deficiency, the Company may provide a proportionate price deduction on the next Service. If it appears that there is no failure in the performance of the Service, Customer may be required to pay the related Company costs.

c) Delay Delay occurs if the Service is not performed within the time period agreed between the Customer and the Company. Delay is not evident, if it is due to circumstances from the Customer’s side, including but not limited to Customers' lack of involvement. In the case of delay, Customer may require the Service to be performed or demand the termination of the Agreement and related compensation. Customer may terminate the Agreement if the consequences of the delay is of essential importance for the Customer. A Customer, who requires the performance the Service regardless of the delay, may not terminate the Agreement, if the Service is performed within a reasonable means or within the time limit set by the Customer. If prior to execution or before completion of the Service, it is clear that the Service will not be executed without delay giving to the Customer right to terminate the Agreement, Customer may terminate the Agreement prior to completion.

11. Limitation of Liability Customer may claim compensation for loss due to failure in Service. However, this does not apply to the extent that it is proved that the loss is due to an obstacle beyond the control of the Company and which the Company could not reasonably have expected to take into consideration during the term of the Agreement or to avoid or overcome the consequences of.

The Company will obtain at its own cost and maintain during the term of this Agreement an adequate commercial general liability insurance from a reputable insurance company that covers the Company’s obligations under this Agreement. The Company's total cumulative liability under this Agreement or when performing the Service, whether in contract, tort or otherwise, shall be limited to such a liability insurance.

12. Force Majeure Force Majeure event means any failure by a party to perform its obligations under this Agreement caused by an impediment beyond its control, which it could not have taken into account at the time of conclusion of the Agreement, and the consequences of which it could not reasonably have been avoided or overcome. The Company is not responsible for cases of delay or circumstance where we cannot deliver due to force majeure. For example, strikes, insurgency, natural disasters, power outage or no telephone coverage.

13. Interpretation These General Terms and related Agreement(s) are interpreted, construed and governed exclusively in accordance with the laws of Finland, without reference to its choice of law rules.

14. Resolving conflicts The parties shall primarily attempt to resolve any dispute, controversy or claim under or in relation to these General Terms and related Agreement(s) through amicable negotiations. Should the parties fail to settle the dispute or claim, either party shall be entitled to initiate legal proceedings as set forth below for final resolution of the dispute. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be resolved by amicable settlement in a court-annexed mediation procedure at the district court of Helsinki, Finland.

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