Section I. General provisions

1.    Concepts used in these Terms of Use POZAMIATANE.PL are defined as:

a)      „Terms of Use” –this „Terms of Use POZAMIATANE.PL”;

b)      „Administrator” – POZAMIATANE.PL sp. z o. o. with its registered office in Warsaw (02-594), Bruna 9/101 street, registered in the National Court under number KRS 0000526221, which registration files are kept by the District Court of Warsaw City, XIII Commercial Division, having NIP: 521-36-80-033, REGON: 147459581

c)       „platform POZAMIATANE.PL” lub „Platform” - site operated by the Administrator, under the current address www.pozamiatane.pl, allows users on the terms specified in the Regulations, organizing cleaning services for apartments, houses and offices. Platform provides booking and payment services for cleaning companies (partners) and attract customers to them. In platform, according to the available functionalities, depending on the pace of its development, will be possible to store and exchange for example following elements: customer data, evaluation of cleaning companies or invoices;

d)      „User” – each entity using the Internet, which has legal capacity and capacity to act to the extent necessary for the effective and valid contract for the provision of services by electronic means, under the conditions laid down in the Rules;

e)     „Partner” – User that runs a company and provides payable cleaning services for apartments or office or storage facilities;

f)      "Cleaner" - a natural person (partner or a person cooperating with partner) who actually performs cleaning services, having his own account in the system allowing for individual assessment of performed services;

g)      „Client” – User that uses payable cleaning services provided by the Partners, with whom contact was established through the Service

h)      „Registered User”-is a User that:

• had registered on a Platform by electronic means, on specially prepared by the Administrator application form, located in the www.pozamiatane.pl and

•  accepted the content of Terms of Use without reservation

• for Partner - The User who meets the criteria of being a partner, concluded with an Administrator a written agreement for the provision of services and received from an Administrator, with the prior approval of his application, rights for a provision of cleaning services through the Platform for Clients

i)      „Account” – is available for a user after activating the place on a Platform, through which a user can enter and manage data, descriptions and other elements associated with the participation in the Platform. At this point, user can take activities and operations related to the functioning of the Platform (for example using various services available through the Platform);

j)        „Profile” - group of information, data and other elements describing a User, including the required personal data provided voluntarily and independently by User to the Platform

k)        „Act” – Act of 18 July 2002. about provision of services by electronic means (Journal of Laws from 2002. No. 144, item. 1204 with later changes);

l)      „Contract about the provision of services by electronic means" or "Service Agreement" – an agreement within the meaning of the Act, which object is a provision of Service by the Administrator to the User, under the terms described in the Regulations.

2.    Terms of Use defines rules for the implementation of service provided electronically within the meaning of the Act by the Administrator to the Platform Users www.pozamiatane, also known as the content of the "Service", which enables users:

a)   networking and exchanging information necessary to perform cleaning services by Partners,

b)   storing data and documents put by the Users to the Platform and sharing them in the required range,

c)    establishing and modificating data in the Account and Profile and managing them in particular through using available functionalities

3.    Due to provision of Services, Administrator charge fees according to the price list published on the Platform or separate agreements concluded with Users.

4.      Platform User shall bear the costs of its own Internet access and the provision of equipment and software needed to use the Internet.

Section II. Services provided by the Administrator and Platform Objectives

1. Internet Platform is created to mediate in the organization of cleaning services of apartments, houses and offices. The role of the Platform is to provide a system of booking and payments for Partners and attract customers for them. Service only cooperates with people who are self-employed (one person business or any other legal form) or are cleaning companies.

2. Client after entering the Platform determines parameters of cleaning (one-time, cyclic, what to clean exactly etc.), orders service and pays through the payment system. The selected Partner who works with a Platform goes to a Client and provides cleaning service.

3. Platform allows its Registered Users an exchange of information necessary for the organization and execution of cleaning services by Partners at Client’s estates.

4. Administrator allows Registered Users, after registering their accounts, creating their own profile and managing it. For services referred in Section IIa paragraph 7, Administrator on behalf of the Partners charges a fee from Clients according to rates available on the Platform website and then forwards fees to Partners in accordance with arrangements made with them in a separate agreement.

5. Administrator declares that he holds a liability insurance policy for PLN 1,000,000.00.

Section IIa. How to use the functionality of the Platform in details. Settlement.

1.    Platform is commercial and for services there will be charged fees, according to the rates published on-line on a Platform when placing an order, or in accordance with the separate agreements concluded with Users.

2.    Settlements between Partners of the Administrator in respect of services provided by him are made on the basis of separate agreements.

3.    The term of orders depends on to the feedback sent by the Partner to the Client. The condition for Partner to start a work is paying for the cleaning service.

4.    Following diagram to order cleaning services by the Client is set:

a)   Client visits a Platform, chooses the date, time and cleaning factors

b)   Then, a list of Partners who have available this specific date and can take Client’s booking is searched.

c)   Client has an option to edit the list of cleaners

d)    Client after the selection of Partners goes to the screen to enter his data and set up an account in a Platform for this particular data, and chooses whether is an individual or a company (then enters VAT number etc.).

e)   Then Client proceeds to the payment. Depending on the User's choice, the transaction is made via a credit / debit card or online transfer.
- For payment by credit / debit card, the payment process is as follows:

• Once the order is placed preauthorization of the card for the amount of 10 zł. This amount is released and returned to the Beneficiary by the Beneficiary Bank according to the Bank's Regulations (usually within 14 days).
• At the end of the order the transaction is completed and the entire amount of the order is charged.
• The Client has the option of extending the cleaning during the cleaning service - when the cleaning is done, the appropriate amount is collected. 

• The Client can not shorten the cleaning time before, during, and after the service.

- For payments made by online transfer, the payment process is as follows:

• The Client is redirected to the payment provider's website PayPro SA (Przelewy24) and prepayments for the cleaning service.
• The Client can not shorten the cleaning time before, during, and after the service.
• The Client has the option to extend the cleaning time after logging in to his account - payment is made by online transfer when changing the duration of the service.

f)   After the approval of the Partner’s list, an email to Partners with information about new job is sent

g)   Who was the first to confirm the order, that wins it and will be able to provide a cleaning service.

5.    Client’s Data are shown on the Platform only for Partners and Administrator. Entering them to the Platform ensures transparency of data collected in a Platform, and will allow use of the further functionalities, which are planned to be developed by the Administrator.

6.    In order to implement the order, Client’s address is the only data passed to the Partner passed, which is necessary to provide cleaning services.

7.    Payment for execution of orders can be realized only through a system of online payments. This allows Client to receive a confirmation of a payment few minutes after registering a payment.

8.      Client pays with credit/debit card for the service, one-time or cyclic (money for the services are automatically taken from Client’s account) by the payment agent Elavon Financial Services Limited (company with limited liability) Branch in Poland.

9.    The entity responsible for payment processing is Elavon Financial Services Limited (company with limited liability) Branch in Poland, based in Warsaw, Puławska 17 street, 02-515 Warsaw, KRS 0000287836, code: 300649197, VAT number: 2090000825 capital of Elavon Financial Services Limited: 6,400,001.00 euros.

10. The user has the option to pay by online bank transfer for a one-time service through PayPro's payment agent S.A. (Przelewy 24).

11. The person responsible for processing the payment by wire transfer is PayPro S.A. with its registered office in Poznań, ul. Share capital: PLN 4,500,000.00.

12.   While ordering cyclic cleaning service (once a week, once every two weeks or more frequently), Client agrees to cyclic charging of his credit / debit card account.

13.   Client will receive through the Platform an invoice from the Partner, for each payable order in the Platform. Client, while registering to the Platform agrees to receive invoices without the recipient's signature delivered electronically to the e-mail address provided during registration. All invoices will also be available to download from the Client’s Accounts.

Section III. Users statements

1.    User declares that prior to the conclusion of the contract with the Administrator, for the services provided electronically, has read the Regulations and accepted him without reservation.

2.    User agrees that Administrator or other entities cooperating with the Administrator can publish in the Platform, promotional materials of Administrator or other entities.

3.    User agrees to receive important information about the Platform from the Administrator to the provided by the User e-mail address, in particular concerning its functionality or development.

Section IV. The technical requirements necessary to support the ICT system

In addition to other requirements set out in the Regulations, the technical requirements necessary to support the ICT system, which is used by Administrator to run the site www.pozamiatane.pl are as follows:

a)   Having an Internet connection,

b)   Having Internet Explorer 10.0, Chrome 25, Firefox 15, Opera 12, Safari 5.5 or compatible CORS support mechanism

c)    Enabling scripts and cookies

d)      Registration on the website with accordance with Section I, paragraph. 1 point "G" Terms of Use.

Section V. Prohibitions, restrictions and other requirements. Consequences of their violation.

1.    It is forbidden to behave in a way that would violate applicable law, social norms, moral norms or rules of conduct on the Platform.

2.    In particular it is prohibited to:

a)   promote illegal content by Users, inciting racial hatred, religious, ethnic, or promoting violence, as well as vulgar, profane, generally regarded as morally reprehensible, socially inappropriate or violating the rules of conduct, through the Service or the parties or their associated devices,

b)   use a Platform by Users to promotion or advertising of certain entities (especially entrepreneurs), goods or services, including placing advertising messages or commercial information,

c)    any such actions that compromises the legal responsibility of the Administrator or to cause him harm,

d)   place the processing codes by Users, including codes that gathers information about Users visiting sites containing the records or other alerts available through the Plaform;

e)   enter false data in the registration forms;

f) create more than one account assigned to one address.

3.    Placing advertising messages and commercial information by Users, including redirects to other websites is permitted only with the prior consent of the Administrator, expressed in writing - to be valid. Administrator reserves the right to charge fees for posting such information in those entries, as well as the right to impose on the consent of the fulfillment of other, lawful requirements.

4.    If the permission to publish messages or commercial information is granted, due to the paragraph 1, User, that transmits commercial information to the Administrator, needds to prepare it in such a way that there is not a doubt, that this is a commercial information. Moreover, this information shall meet other characteristics specified in paragraph 9 of the Act.

5.    In case of violation of the prohibitions referred to in paragraph 2 above, the Administrator is authorized, in accordance with Section VI, paragraph. 4 of the Regulations, to immediately delete the data from the Service and to bring those responsibilities to the User who posted such data.

Section VI. Instruction, information and reservations on the part of the Administrator

1.      The Administrator reserves the right to suspend the possibility of Service usage if:

a)   a third party allege infringement of its rights or the rights of another person, including in particular, a breach of personal rights or committing the transgression of unfair competition.

b)   The Administrator becomes suspicious that there was a violation of the rights of a third party, in particular as a result of information provided by the court, any other public authority or other reliable entity.

2.      In each of the specified in paragraph. 2 situations, Administrator may apply to the User, if it will be possible to communicate with a User, to reference to the above allegations or suspicions. Platform User will be required to refer to them within 3 days of receipt of the request at the latest.

3.   Administrator reserves the right to terminate the Service contract and thus block access to the Platform for some users, in particular in the following cases:

a)   breaching Regulations, in particular, breaching the provisions of Section V of Terms of Use,

b)    if there is such request from the authorized national authority or a national institution, in particular, the court or the prosecutor's office

c) no payment by the Client for realized service.

d) use the promotion in a way that violates the Regulations of the given promotion.

4.     User agrees that if above actions were taken up by the Administrator, User, as long as he is not archiving his content using his own tools, hardware or software, may lose this content forever.

5.     Administrator has the right to terminate the contract for the provision of services with the User immediately, if User breached any provision of Section V of Regulations.

6.     Administrator declares that there could be a situation, in which the material posted by the User will be lost, deleted or removed from the Platform. User, before posting them on the Site, must therefore ensure that they will be preserved.

7.    Administrator reports that he may be required to transfer User’s data that are in his possession, or IP addresses of other Platform visitors, including other Users, courts, law enforcement agencies and other authorized national authorities or institutions in connection with their legal proceedings.

Section VII. Termination of the contract for the provision of services by electronic means

1.    Unless signed by the Administrator and User agreement provides otherwise, at any time, the User has the right to cancel the Service by actually discontinuing use of the Platform. User is not relieved then from the obligation to pay for the services provided to this moment.

2.    The Administrator reserves the right to discontinue providing the Service at any time, which he will inform to Users on www.pozamiatane.pl site, which means that the date of inclusion of such information, contract for the provision of services by electronic means will be terminated.

Section VIII. Protection of personal data in the Platform

1.    Registered User in the space allocated in the Platform, shall give his name and surname or company nape, residence or business address, as well e-mail address, VAT number.

2.    Registered User has the right to access the content of the submitted information and to correct them and demand their removal from a Registered User profile, the Platform and the database. Registered User agrees to the processing of data in order to issue an invoice to him and to proper provision of services on its behalf throughout the duration of the contract for the provision of services by electronic means.

3.    User other than the Registered User is not required to provide personal information.

4.    Administrator can not process User’s personal data after finishing using the Platform, with subject to paragraph. 5 below.

5.    After finishing using the Platform, Administrator, under the terms of the Act, can process only those data which are:

a)   necessary for Service settlement, and claims for payment for the use of the Service,

b)   necessary for the advertising purposes, market research and the behavior and preferences of Clients, with information purpose to improve the quality of services provided by the service provider, with the consent of the recipient,

c)    necessary to clarify the circumstances of unauthorized use of the service,

d)   approved to process on the basis of separate laws or agreement.

6.    A Registered User agrees to the processing of his personal data for the purposes necessary for the proper performance of Services by the Administrator, in a manner consistent with the provisions of the Personal Data Protection Act and the Regulation of the European Parliament and of the Council of 27 April 2016 2016/679 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data (GDPR)

Section IX. Complaints

1. Complaints about the Services can be submitted by e-mail to [email protected] within three days after cleaning.

2. The complaint should contain the electronic address of the applicant and a detailed description of the problem together with the photographs in the case of complaints about the quality of the services provided and if any. Complaints will be processed within 14 days of receiving the complaint by the Administrator.

3. Information on the complaint will be sent to the given e-mail address of the applicant.

Section X. Final provisions

1.     The agreement was drawn up in Polish and English. Should there be any doubts regarding the interpretation hereof, the Polish version shall prevail. The terms shall be governed by the Polish law.

2.     Registered users can not share their accounts to third parties. In case of violation of the provisions of the Administrator may terminate the agreement with immediate effect.

Last updated: January, 2020