- 1. GENERAL PROVISIONS
-
- 1.1. Background Statement
- 1.2. eMop Platform and Terms of Use
- 1.3. Application Processing
- 2. THE SERVICES
-
- 2.1. Job Completion
- 2.2. Customers Ratings
- 3. SERVICE FEES
-
- 3.1. Service Fees
- 3.2. Service Fee Payment
- 4. EQUIPMENT AND OPERATIONS
-
- 4.1. Compatible Mobile Device
- 4.2. Cost of Operation
- 4.3. eMoppers uniform
- 4.4. Use of Voice, Image and Likeness
- 5. RELATIONSHIP OF THE PARTIES
- 6. INDEMNIFICATION
- 7. TERM; TERMINATION
-
- 7.1. Term
- 7.2. Termination
- 8. OTHER BUSINESS ACTIVITIES
- 9. ASSIGNMENT
- 10. DISPUTE RESOLUTION; GOVERNING LAW
-
- 10.1. Informal Negotiations
- 10.2. Governing Law
- 11. CUSTOMER PRIVACY
- 12. MODIFICATION
- 13. MISCELLANEOUS
Appendix 1
Appendix 2
This eMop Service Agreement (the Agreement) sets forth the terms and conditions whereby
you, an independent service provider qualified to provide the services contemplated by this
Agreement (the eMopper), agree to provide cleaning services to third parties that may, from
time to time, be referred to you via eMop web-based service platform powered by eMop LTD
incorporated under the laws of England and Wales with registered address at 7-12 Tavistock
Square London UK WC1H 9BQ registration number 10643724 (hereunder referred as
“eMop”)
The eMop is the creator of a technology platform that creates a marketplace to connect
potential clients (“Customers”) with qualified professionals, such as eMoppers, in the
business of providing home and/or office cleaning (“Cleaning Services”). eMop provides a
web-based and mobile application-based portal (the “eMop Platform”) through which
Customers may connect with a network of eMoppers with whom they may arrange a Cleaning
Service. eMop intends for the eMopper to provide the services to Customers strictly as an
independent contractor, and not as an employee, worker, agent, joint venturer, partner or
franchisee of eMop or any Customer for any purpose. eMop does not provide the Cleaning
Services described in this Agreement and does not employ individuals to perform said
Cleaning Services. eMop's role is limited to offering the technology platform as a referral tool
for Customers and eMoppers, facilitating payments from Customers to eMoppers, acting as a
third party to Customers and eMoppers in case of any disputes between the Customers and
the eMoppers, and setting cleaning standarts that the eMoppers should follow to provide high
quality service to the Customers.
Before receiving access to the eMop Platform, eMopper must also review and agree to the
Terms of Use of the eMop Platform, which are incorporated herein by reference and which
eMopper acknowledges he/she has reviewed and accepted. To the extent the Terms of Use
are inconsistent with this Agreement, this Agreement shall prevaill. From time to time, in their
sole and complete discretion, Customers will post orders on the eMop Platform, setting forth
the nature of the Cleaning Services required (the “Jobs”). Jobs posted will include a date,
adress where the Job will take place and time at which the Cleaning Services are requested.
The eMop platform estimates required time (the “Work Time”) for the Job based on the
Customer’s needs. eMopper will then have the opportunity to review the Jobs and select
those Jobs that meet eMopper's preferred specifications as to Start Time, Work Time, date,
neighborhood or geographic location and fees. The eMop does not guarantee any minimum
number of jobs will be available to the eMopper at any point during the term of this
Agreement. Once an eMopper selects a Job, the platform confirms the Job has been picked
up by the eMopper and the Job disappers from available Jobs for other eMoppers. Once a
Job is booked, a contract is formed directly between the Customer and the eMopper for the
eMopper to complete the Job. The eMopper hereby appoints eMop to be its disclosed agent
for the purposes of entering into such a contract with the Customer. The eMopper agrees that
eMopper's name, phone number and likeness may be provided or made available to
Customer by or on behalf of eMop after the Job is booked. The eMopper acknowledges and
agrees that s/he understands after taking a Job the actual time might be either shorter or
longer than the time shown in the order as it is depends on various factors.
In order to get access to the eMop Platform, the eMopper uploads the documents required on
the website and accepts this Agreement. Also eMop conducts a criminal check of each
eMopper.
An eMopper is required to pay a refundable deposit (Deposit) in order to start carrying out
Cleaning services. This deposit will be used to cover the possible penalties and damages as
described in Appendix 1. In case the eMopper would like to terminate this contract or in case
the contract is terminated by eMop; the eMopper will be paid partly or fully the remaining part
of the deposit.
To ensure that the eMop platform remains a reliable source of referrals and to ensure all
eMoppers are able to have access to available Jobs, once eMopper has been awarded a Job,
eMopper is contractually obligated to complete the Job within the Work Time specified by and
to the satisfaction of the Customer. eMopper may cancel the Job without any penalties 12
hours before the start time of the Job. Cancellation in less than 12 hours will result in penalties
according to the Cancellation Policy (Appendix 1). In case of Job cancellation by an eMopper,
the Job becomes available on the eMop platform for other eMoppers.
In some cases when the Job is cancelled less than 4 hours before the start, the Job gets
status ‘Urgent’ and paid with higher rate according to the Appendix 2.
eMopper understands and agrees that the eMopper's failure to complete a Job in accordance
with Customer's specifications after he or she has booked that Job using the Platform
constitutes a material breach of this Agreement and could result in a fee or liquidated
damages being charged to eMopper as set forth in Appendix 1, as modified from time to time
by eMop, or termination of this Agreement in accordance with Section 7.
eMopper acknowledges that the eMop Platform is intended to refer Customers only to those
eMoppers who maintain the highest standards of professionalism and quality of service.
eMopper acknowledges that the Customer may and will rate and review eMopper at the end
of every booking. eMopper agrees to maintain eMop cleaning standards of professionalism
and service and maintaining a Customer rating at or above the minimum rating established by
eMop for access to the platform, as modified from time to time. In the event if the eMopper's
aggregate rating falls below the applicable minimum rating eMop reserves the right to
deactivate that eMopper's access to the eMop Platform. eMop agrees to provide the eMopper
with written notice of the minimum rating and any changes thereto.
Customer shall pay for completed Jobs through the eMop Platform at the rates quoted by
eMop at the time the Job is posted on the eMop Platform, which shall be based on the stated
parameters of the Job (the “Job Rate”). Current Job Rates are described in Appendix 2. Each
Job made available to the eMopper on the Platform shall set forth the Work Time, details
about the Cleaning Service requested, the Job Rate, and the estimated Service Fee the
eMopper shall be entitled to upon completion of the Job, as modified from time to time. The
difference between the Job Rate and Service Fee shall be the fee owed to eMop for referring
the Job and facilitating the payment from Customer to eMopper (“Booking Fee»).
Modifications to pricing and fees will be effective upon written notification to the eMopper and
will supersede any and all prior versions. By accepting this Agreement, eMopper authorizes
eMop to withhold eMop's Booking Fee and any other applicable fees from the payment made
to the EMopper for each Job.
When the Job is completed, eMopper will submit to the Platofrm confirmation via the Mobile
App that the Job is completed. Then Customers will be automatically charged for the Job
provided. eMopper’s service fee will be then credited to their account in the Platform. eMop
will transfer payment to the eMopper via bank transfer.
As long as the eMopper has completed the steps necessary to receive the bank transfer and provided their bank details to eMop, eMop shall then remit payment for cumulated Jobs per week, deducting eMop's booking fee and any other applicable fees, within ten (10) business days following the week when the Jobs were completed even though the aim is 5 working days.
The eMopper must possess a smartphone equipped with access to the eMop Platform (the
Compatible Mobile Device) in order to book Jobs.
eMop requests eMoppers to use certain environmental-friendly cleaning materials. The cost of
the cleaning materials is automatically deducted from the eMopper’s balance once the
balance of their account reaches such amount on the eMop platform. eMopper is responsible
for replenishing their stocks of cleaning materials by placing a request to eMop at
emopper@emop.world when it is required or placing an order online at www.amway.co.uk
under the eMop number 813499111.
eMop provides to the eMopper a braded uniform that includes a t-shirt, an apron and a
backpack with eMop’s logo. The eMopper has to put on the t-shirt and the apron when on the
job.
eMopper gives eMop permission to use any and all of eMopper's voice, image, likeness, and
any ratings and reviews from Customers of the eMopper, with or without using eMopper's
name, in connection with the products and/or services available through the eMop Platform,
for the purposes of advertising and promoting such products and/or services and/or eMop, for
the purposes of identifying eMopper to Customer, and/or for other purposes deemed
appropriate by eMop in its reasonable discretion, except to the extent expressly prohibited by
law.
eMopper is an independent contractor and has not been engaged by eMop to perform
services on eMop's behalf. Rather the eMopper has entered into this Agreement for the
purpose of having access to the eMop Platform and the exclusive marketplace for services
thereby created by eMop, eMopper represents that he or she is customarily engaged in an
independently established trade, occupation, profession and/or business offering the Cleaning
Services to the general public and/or eMopper represents that he or she maintains a principal
place of business in connection with eMopper's trade, occupation, profession and/or business
that is eligible for a business deduction for federal income tax purposes. This Agreement shall
not be construed to create any association, partnership, joint venture, employee, worker or
agency relationship between eMopper and eMop or any Customer for any purpose. eMopper
has no authority (and shall not hold himself or herself out as having authority) to bind eMop
and eMopper shall not make any agreements or representations on eMop's behalf without
eMop's prior written consent. eMopper understands that eMopper will not be eligible to
participate in any benefit plans offered to eMop's employees, including, but not limited to,
vacation, group medical or life insurance, disability, profit sharing or retirement benefits or any
other fringe benefits or benefit plans offered by eMop to its employees. eMop will not be
responsible for withholding or paying any income, payroll, or other taxes, making any
insurance contributions, including unemployment or disability, or obtaining workers'
compensation insurance on eMopper's behalf. eMopper shall be responsible for, and shall
indemnify and hold eMop harmless for any claims, suits, or actions related to this provision,
including any such claims brought by eMopper or by any third party with respect to any claims
for taxes or contributions, including penalties and interest.
eMopper shall defend, indemnify and hold harmless eMop and its affiliates and their officers,
directors, employees, agents, successors, and assigns from and against all losses, damages,
liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or
expenses of whatever kind (including reasonable legal fees) arising out of or resulting from: (a)
bodily injury, death of any person, theft or damage to real or tangible, personal property
resulting from eMopper's acts or omissions; and (b) eMopper's breach of any representation,
warranty, or obligation under this Agreement.
The Services that eMopper provides pursuant this Agreement are fully and entirely eMopper's
responsibility. eMop is not responsible or liable for the actions or inactions of a Customer or
other third party in relation to the Cleaning Services provided by the eMopper. Therefore, the
eMopper understands that by using the eMop Platform, eMopper will be introduced to third
parties in relation to whom eMop has not conducted any background or reference checking,
that may be potentially dangerous, and that eMopper uses the eMop Platform at his/her own
risk.
This Agreement shall be effective as of the date it is executed by eMopper and shall remain in
effect unless and until terminated either by eMop or eMopper.
The parties acknowledge that the term of this Agreement does not reflect an uninterrupted
service arrangement, as this Agreement guarantees eMopper the right to choose when to
make himself or herself available and each Job referred and accepted is treated as a separate
service arrangement.
eMop and eMopper may terminate this Agreement, effective immediately upon written notice
to the other party, in the event that other party materially breaches this Agreement. A material
breach shall include, but not be limited to, the acts or omissions expressly defined as
constituting a material breach herein, misconduct, eMop's failure to timely remit Service Fees
as described herein, eMopper's failure to complete a Job he or she has booked on the
platform.
eMop has the right to suspend or terminate this Agreement instantly due to eMopper’s
inactivity, low rating, breach of the code of conduct or any other problem. In such case the
notice wil be sent to eMopper via the Mobile App and the contract will be terminated
automatically.
eMopper may terminate this Agreement at any time. If there are incompleted Jobs that don’t
assume any Fees according to the Cancellation Policy, the eMopper can cancel such Jobs
without any Fee. In case of applying Fees to incompleted Jobs, the Fees will be withdrawn
from the eMopper’s account as the final settlement of the parties.
Upon termination of this Agreement: (a) if the termination is effected by eMop, Service Fee
owned by eMop to the eMoppper will be paid within 5 working days from the week the
agreement was terminated.
eMopper may be engaged or employed in any other business, trade, profession, or other
activity, including providing Cleaning Services to customers booked through means other than
the eMop Platform, including other web-based portals. However, eMopper shall not
affirmatively solicit Customer originally referred through the eMop Platform to book jobs
through any means other than the eMop Platform.
eMopper may not assign this Agreement, absent written authorization by eMop. eMop may
freely assign its rights and obligations under this Agreement at any time. This Agreement will
inure to the benefit of, be binding on, and be enforceable against, each of the parties hereto
and their respective successors and assigns.
To expedite resolution and reduce the cost of any dispute, controversy or claim related to this
Agreement or otherwise arising from the relationship between eMopper and EMop, eMopper
and eMop agree to first attempt to negotiate any dispute informally for at least thirty (30) days
before initiating any arbitration or court proceedings. Such informal negotiations will
commence upon written notice. eMopper's address for such notices is the address provided
by eMopper to eMop. eMop's address for such notices is eMop LTD 11-13 Bayley Street,
London UK, WC1B3HD.
Thit Agreement shall be governed and interpreted pursuant to the laws of England and Wales.
eMopper understands that in performing the Cleaning Services, he or she will receive certain
private and/or confidential information regarding the Customer and will have access to their
homes and personal belongings. Except upon order of government authority (e.g., Court,
administrative agency) having jurisdiction, or upon written consent by the Customer, eMopper
agrees that he or she shall not publish, disseminate or disclose, for his or her own benefit or
the benefit of any third party, any confidential information regarding the Customer, including
addresses, telephone numbers and/or financial information. eMopper further agrees not to
engage in any activity which violates the privacy of any Customer, including, but not limited to,
taking unauthorized photographs or making unauthorized audio or video recordings of a
Customeror his or her homes or personal belongings, or publishing, disseminating or
disclosing any such photographs or recordings. eMopper acknowledges that his/her failure to
comply with the foregoing shall constitute a material breach of this Agreement.
eMopper hereby expressly acknowledges and agrees that, by using or receiving access to the
eMop Platform, eMopper and eMop are bound by the then-current version of this Agreement,
including any supplements to this Agreement or documents incorporated herein, including the
Schedules below. eMopper shall be bound by modifications to this Agreement only upon
eMopper's electronically signing any modifications or supplements.
All notices, requests, consents, claims, demands, waivers, and other communications
hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses
set forth on the first and last pages of this Agreement (or to such other address that may be
designated by the receiving party from time to time in accordance with this Section). All
Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all
fees pre-paid), facsimile or e-mail of a PDF document (with confirmation of transmission), or
certified or registered mail (in each case, return receipt requested, postage prepaid). This
Agreement, together with any other documents incorporated herein by reference, and related
exhibits and schedules, constitutes the sole and entire agreement of the parties to this
Agreement with respect to the subject matter contained herein, and supersedes all prior and
contemporaneous understandings, agreements, representations and warranties, both written
and oral, with respect to such subject matter. This Agreement may only be amended,
modified, or supplemented by an agreement in writing signed by each party hereto, and any of
the terms thereof may be waived, only by a written document signed by each party to this
Agreement or, in the case of waiver, by the party or parties waiving compliance. Except as
expressly provided otherwise in this Agreement, if any term or provision of this Agreement is
determined to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or
unenforceability shall not affect any other term or provision of this Agreement or invalidate or
render unenforceable such term or provision in any other jurisdiction. This Agreement may be
executed in multiple counterparts, including by facsimile or other electronic signature, each of
which shall be deemed an original and all of which together shall constitute one instrument.
Headings appear solely for convenience of reference. Such headings are not part of this
Agreement and shall not be used to construe it.
This Agreement may not be amended, by implication or otherwise, by any marketing material
contained on eMop's website or the eMop Platform. Nothing contained in this provision or this
Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.
eMopper acknowledges that he/she has read and understands this Agreement and also
acknowledges that he/she had a reasonable and adequate opportunity to seek and receive
independent legal advice, at the eMopper's own expense, prior to signing this Agreement.
BY CHECKING THE BOX STATING I AGREE TO THE SERVICE eMOPPER AGREEMENT,
YOU HEREBY AGREE TO THIS SERVICE eMOPPER AGREEMENT.
You understand that your electronic signature is as legally binding as a handwritten
signature.
| Description |
Fee |
| The eMop platform activation, a refundable deposit2 |
40 GBP |
|
Job Cancellation Fee – more than 6 hours before but less than 12 hours the start time
|
1 hours full client price |
| Job Cancellation Fee – less than 6 hours before the start time |
40 GBP + 0,5 points decrease rating
|
| Late Arrival Fee – delay of 30 mins before the start time |
1 hour full client price |
|
Late Arrival Fee – delay of more than 1 hour and not informing the
eMop Support Desk and the client about a the delay
|
Full estimated booking price
and deactivation from the
eMop platform
|
| No Show Fee is applied if the eMopper never arrived at the location and had not informed the eMop Support Desk about his/her cancellation. |
Full estimated booking price and deactivation from the eMop platform |
| ‘Missed Finish’ Fee3 |
3 hours full client price + 0,5 points decrease rating
|
|
Cleaning Materials Fee. Payment is withdrawn from the eMopper’s
account when the balance is positive
|
Fee depends on the cost of
needed materials
|
| Time |
Customer Job Rate |
eMopper Regular
Service Fee
|
eMopper Urgent
Service Fee
|
| 8:00 am – 11:00 pm |
13 GBP |
10 GBP |
12,5 GBP |
| 11:00 am – 8:00 pm |
26 GBP |
20 GBP |
25 GBP |
Last updated: date: 13.07.2017
1 If an eMopper has been registered as a client or a partner with Amway earlier, he/she need to provide his/her number.
2 eMopper should keep the deposit not less than 40GBP. In case it falls below this level it should be replenished first before accepting new Jobs.
3 In case of eMopper forgot to press ‘Finish’ in the end of job, the client will be charged according to estimated booking time, the eMopper will be paid
according to the estimated booking time too. Penalty is applied after the third ‘Missed Finish’.
eMop LTd., 11-13 Bayley Street, London, WC1B 3HD
