Important: Please Review This Agreement Carefully.
This Agreement Constitutes A Legal Agreement Between You (“You” Or “User(S)” Of “customer” Or “contractor”, “users” For Both “customer” And “contractor”) And Cleanup App Llc. This Agreement Governs Your Use Of Cleanup App Llc Services And Cleanup App Llc Platform That Facilitates Communications Between Contractors And Customers. Our Services, Website And Mobile Application Constitute The Cleanup App Llc’s Platform
By Accessing, Using Or Registering With The Cleanup App Llc Platform, You Hereby Expressly Acknowledge And Agree To Be Bound By The Terms And Conditions Of This Agreement, And Any Future Amendments And Additions To This Agreement As We May Publish From Time To Time. Please Read This Agreement Carefully. If You Do Not Agree To Accept And Be Bound By This Agreement, You Must Immediately Stop Using The Cleanup App Llc Platform.
By Using The Cleanup App Llc Platform, You Represent And Warrant That: (I) You Are At Least 18 Years Old, Are At Least Of The Legally Required Age In The Jurisdiction In Which You Reside, And Are Otherwise Capable Of Entering Into Binding Contracts; And (Ii) You Have The Right, Authority And Capacity To Enter Into This Agreement And To Abide By The Terms And Conditions Of This Agreement, And That You Will So Abide. Where You Enter Into This Agreement On Behalf Of A Company Or Other Organization, You Represent And Warrant That You Have Authority To Act On Behalf Of That Entity And To Bind That Entity To This Agreement.
Your Agreement That Either Party May Compel Binding Arbitration For Most Types Of Disputes, And Your Agreement To Submit To An Informal Dispute Resolution Process For At Least 30 Days Prior To The Initiation Of Any Claim In Accordance With Terms Set Forth In This Agreement.
Your Agreement That No Claims Can Be Adjudicated On A Class Basis In Accordance With Terms Set Forth In This Agreement.
Your Agreement That The Cleanup App Llc Platform Is Provided “As Is” And Without Warranty, In Accordance With Terms Set Forth In This Agreement.
Your Agreement That The Cleanup App Llc Platform Is Solely A Communications Platform Providing A Method For Contractors To Be Booked To Perform Residential Cleaning Services, That All Contractors Are Third Parties, And That Cleanup App Llc Has No Liability For Any Contractors Services Or Any Acts Or Omissions Of Any Third Parties Including Contractors, With The Exception Of Cleanup App Llc’s Happiness Guarantee (Section 3(D)).
Your Acknowledgment Of And Agreement To Cleanup App Llc’s Cancellation Policies And Cancellation Fees Set Forth In This Agreement.
If You Enroll In A Recurrent Service, Your Agreement That Your Service Will Automatically Renew After Each Prior Service Appointment, If You Do Not Cancel In Accordance With The Terms Set Forth In This Agreement
Your Agreement To Indemnify Cleanup App Llc From Claims Due To Your Use, Misuse Or Inability To Use The Cleanup App Llc Platform, The Merchandise And/or Contract Services, Your Violation Of This Agreement, Applicable Laws Or Third Party Rights, And/or Content Or Information Submitted From Your Account To The Cleanup App Llc Platform, In Accordance With Terms Set Forth In This Agreement.
Cleanup App Llc’s Sole Liability With Respect To Disputes Between Users Is Set Forth In The Cleanup App Llc Happiness Guarantee (Section 3(D)). Your Agreement That Cleanup App Llc’s Happiness Guarantee Is Limited To Only Payments Paid By Requesters Through The Cleanup App Llc Platform For Contractor Services That Are Booked And Paid Through The Cleanup App Llc Platform.
1. The Cleanup App Is Solely A Venue For Communications; Background Checks.
1 The Cleanup App Llc Platform Is Solely A Venue For Communications. The Cleanup App Llc Platform Is A Communications Platform For Enabling The Connection Between Individuals Seeking To Obtain Services (“Requesters”) And/or Individuals And Entities Seeking To Provide Services (“Contractors”). Requesters And Contractors Together Are Referred To As “Users”. Those Certain Services Requested By The Requesters, Which Are To Be Completed By The Contractors, Are Hereinafter Referred To As “Professional Services”. The Provision Of All Professional Services Is Up To The Contractors, Which May Be Scheduled Through Use Of The Cleanup App Llc Platform. Cleanup App Llc, Through The Cleanup App, Offers Information And A Method To Obtain Such Contractor Services And/or Merchandise, But Does Not And Does Not Intend To Provide Such Contractor Services Or Merchandise Itself Or Act In Any Way As A Retailer Or Manufacturer, Or As A Cleaning, Handyman, Or Other Home-related Or Moving-related Service Provider, And Expressly Disclaims Any Responsibility Or Liability For Any Contractors Services And/or Merchandise Provided To The Requester, Including, But Not Limited To, A Warranty Or Condition Of Good And Workmanlike Services, Warranty Of Fitness For A Particular Purpose Or Compliance With Any Law, Regulation, Or Code. Cleanup App Llc Is Not Affiliated With, Endorsed Or Sponsored By Any Third Party Merchandise Provider Or Retailer.
1. Background Checks. Cleanup App Llc Checks The Backgrounds Of Contractors Via Third Party Background Check Services; Provided, However, For Contractors That Are Entities, The Background Check Is Limited To The Owner/principal Of The Entity/company. However, Each Requester Should Exercise Caution And Common Sense To Protect Its Personal Safety And Property, Just As You Would When Interacting With Any Person Whom You Do Not Know.
Cleanup App Llc Performs Screening Solely At The Time The Professional Applies To Register On The Cleanup App Llc Platform. Cleanup App Llc Cannot And Does Not Warrant Or Represent That A Contractors’ Profile And Background Check Screening Information Is Up To Date. Cleanup App Llc Is Under No Obligation To Update A Contractor’s Background Check Or Profile. By Using The Cleanup App, The Requester Agrees To Hold Cleanup App Llc Free From The Responsibility For Any Liability Or Damage That Might Arise Out Of The Contract Services Requested Through The Cleanup App Llc Platform. Cleanup App Llc Is Not Responsible For The Conduct, Whether Online Or Offline, Of Any User Including Contractors, And Will Not Be Liable For Any Claim, Injury Or Damage Arising In Connection With Any Contractor’s Services.
2. Personal Information; User Accounts.
1. Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the CleanUp App LLC Platform. You are solely and fully responsible for all activities that occur under your password or account, except that CleanUp App LLC may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. CleanUp App LLC has no control over the use of any User’s account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at firstname.lastname@example.org. Nothing in this section shall affect CleanUp App LLC’s rights to limit or terminate the use of the CleanUp App, as provided below in section 4.
1. Proof of Identity. You will provide us with such proof of identity as we may reasonably request from time to time.
1. Text Messages and Phone Calls. By using the CleanUp App, you expressly consent and agree to accept and receive communications from us, including via fax, text (SMS) messages, calls, push notifications and other reasonable means at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the services set forth on the CleanUp App LLC Platform, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
1. You agree that by using the CleanUp App LLC Platform and requesting Contractor’s Services, you are entering into a business relationship with the Contractor’s and/or CleanUp App LLC and thus agree to be contacted by CleanUp App LLC and/or Contractors. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the CleanUp App or the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account.
To Knowingly Input False Information, Including But Not Limited To Name, Phone Number, Address Or E-mail Address Is A Very Serious And Fraudulent Matter That Could Result In Significant Costs And Damages Including Invasion Of Privacy Rights, To Cleanup App Llc And The Contractors, And To Consumers, As Well As The Loss Of Time, Effort And Expense Responding To And Pursuing Such False Information And Request, And Further, Could Result In Regulatory Fines And Penalties. Accordingly, If You Knowingly Input False Information In A Service Request, Including But Not Limited To Some One Else’s Name, E-mail Address, Physical Address Or Phone Number Or A Random Or Made Up Name, Address, E-mail Or Phone Number You Agree To Fully Indemnify And Be Liable To Cleanup App Llc And Each Contrctor Who Provides Such Professional Services, For The Greater Of: (1) A Minimum Amount Of $11,000 To Each Of Cleanup App Llc And Each Of The Affected Contractors And For Each Of The Actual Person(S) Affected By Any Of The Improper, Incorrect Or Fraudulent Information You Enter (For Example The Actual Owner Of The E-mail Address Or Phone Number, Etc.), Per Improper Submission, Plus Any Attorneys Fees Costs And Expense Relating Thereto, If Applicable, Or (2) The Actual Damages, Direct, Punitive And Consequential, And Any Regulatory Or Judicial Fines Or Penalties That May Arise From Such Intentional, Misleading, Harmful And Fraudulent Activity, Plus Reasonable Legal Fees, Cost And Expenses Relating Thereto, Which Ever Is Greater.
1. Emails. CleanUp App LLC may send you confirmation and other transactional emails regarding the Professional Services. CleanUp App LLC and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
1. Payments; Recurring Services and Recurring Charges; CleanUp APP LLC Happiness Guarantee; Claims; Work Guarantee.
1. Payments. Users (Customers) Of The Cleanup App Llc Contract For Professional Services Directly With Other Users (Contractors). Cleanup App Llc Is Not A Party To Any Contracts For Professional Services Between Any Customers And Contractors. The Cleanup App Llc Platform Facilitates These Contracts By Supplying A Medium Through Which Customers Can Connect With Professionals (Contractors), Schedule Contractor’s Services, And Make Payments For Certain Contractor’s Services (“Payments”). Customers Acknowledge That A Hold In The Amount Of The Requested Service May Be Placed Upon The Requester’s Method Of Payment Up To 3 Hours Prior To The Scheduled Date And Time Of Performance Of Scheduled Contractor’s Services, And Actual Payment Will Be Charged Directly After Those Contractor’s Services Are Rendered, And The Customer Hereby Authorizes Cleanup App Llc To Charge The Credit Card On File In The Customer’s Cleanup App Llc Account For Such Amounts. Cleanup App Llc Will Use Third Party Services To Process Credit Card Information. By Accepting This Agreement, You Are Giving Cleanup App Llc (Or A Third-party Payment Processor On Cleanup App Llc’s Behalf) Permission To Charge Your On-file Credit Card, Debit Card, Or Other Approved Methods Of Payment For Fees Owed To Cleanup App Llc And Contractor, By Customer. Depending On The Transaction Selected Or Services Requested, By The Customer, Cleanup App Llc May Charge Customer On A One-time Or Recurring Basis. All Information That Customer Provides In Connection With A Purchase Or Transaction Or Other Monetary Transaction Interaction With The Contractor’s Services Must Be Accurate, Complete, And Current. Customer Agree To Pay All Charges Incurred By Users Of Their Credit Card, Debit Card, Or Other Payment Method Used In Connection With A Purchase Or Transaction Or Other Monetary Transaction Interaction With Cleanup App Llc At The Prices In Effect When Such Charges Are Incurred. Cleanup App Llc Retains The Right, In Our Sole Discretion, To Place A Hold On The Customer’s Credit Card For An Ordered Or Completed Contractor’s Service Transaction. Forty-eight (48) Hours After A Contractor’s Service Is Completed, If There Is No Complaint By The Customer, Cleanup App Llc Will Mark The Contractor’s Service As Closed. If The Customer Has Agreed With The Contractor To Reschedule A Requested Contractor’s Service, The Customer Bears The Responsibility For Notifying Cleanup App Llc . Customers Must Notify Cleanaup App Llc Of The Rescheduled Contractor’s Services By Changing The Date And Time Of The Requested Contractor’s Service Through Customers Account On The Cleanup Lla Platform, Or By Phone Or Email. All Payments By Customers Must Be Made Through The Cleanup App Llc Platform. Any Contractor Services That Are Requested, Or Any Contractor Services Scheduled Or Obtained Outside Of The Cleanup App Llc Platform Are Not Subject To The Cleanup App Llc Happiness Guarantee In Section 3(D). Except For The Cleanup App Llc Happiness Guarantee In Section 3(D), And The Refund Policy In Section 3(E), No Refunds Or Credits Will Be Provided Once The Customer’s Credit Card Has Been Charged, Except That At Cleanup App Llc’s Sole Discretion, Refunds Or Credits May Be Granted In Extenuating Circumstances, As A Result Of Specific Promotions, Or To Correct Any Errors Made By Cleanup App Llc. While Cleanup App Llc Will Use Commercially Reasonable Efforts To Ensure The Security Of All Credit Card And All Other Personal Information, Cleanup App Llc Expressly Disclaims Any Liability For Any Damage That May Result Should Any Information Be Released To Any Third Parties, And Customer And Contractor Agree To Hold Cleanup App Llc Harmless For Any Damages That May Result Therefrom. Customers Will Be Liable For All Transaction Taxes On Any Contractor’s Service(S) Provided (Other Than Taxes Based On Cleanup App Llc’s Income). If Cleanup App Llc Determines That User’s Actions Or Performance May Result In Returns, Chargebacks, Claims, Disputes, Violations Of Our Terms Or Policies, Or Other Risks To Cleanup App Llc Or Third Parties, Then Cleanup App Llc May Withhold Any Payments To Users For As Long As We Determine Any Related Risks To Cleanup App Llc Or Third Parties Persist. For Any Amounts That Cleanup App Llc Determines It Is Owed, Cleanup App Llc May (I) Offset Any Amounts That Are Payable By User To Cleanup App Llc (In Reimbursement Or Otherwise) Against Any Payments Cleanup App Llc May Make To User Or Amounts Cleanup App Llc May Owe User; (Ii) Invoice User For Amounts Due To Cleanup App Llc, In Which Case User Will Pay The Invoiced Amounts Upon Receipt; (Iii) Reverse Any Credits To User’s Bank Account; Or (Iv) Collect Payment Or Reimbursement From Users By Any Other Lawful Means. If It Is Determined By Cleanup App Llc That User’s Account Has Been Used To Engage In Deceptive, Fraudulent, Or Illegal Activity, Or To Repeatedly Violate This Agreement, Then Cleanup App Llc May In Its Sole Discretion Permanently Withhold Any Payments To Any Users.
1. Job Charge. The Charge for a Contractor’s Service (“Job Charge”) depends on factors, such as location and how frequently a Recurrent Service is ordered, what rooms and how many rooms the Customer has in their home, and payment terms may increase or decrease. Therefore, the same Contractor’s service may increase or decrease dependent upon the frequency selected by the Customer. For Wholehome cleanings, Customer will select all the rooms in their home on the CleanUp Alpp LLC Platform to get an accurate price. If CleanUp App LLC determines that Customer has not input accurate rooms in the CLeanUp App LLC Platform, CleanUp App LLC reserves the right to charge Customers credit card as necessary for Contractor’s services performed, and/or cancel the Contractor Service. CleanUp App LLC reserves the right to increase or decrease Job Charges at any time as business needs dictate.
C. Recurrent Service with Automatic Renewal and Recurring Charges.
(i) Recurring services: When requesting certain Contractor Services, Customers may have the option of choosing the Contractor’s Service be repeated on a regular basis (“Recurring Service”). For example, a Customer may choose that a Contractor’s Service be performed every two weeks, or every week as opposed to just one time. When a Customer chooses a Recurring Service, the CleanUp App LLC Platform will automatically schedule that Recurring Service to occur on future dates indefinitely at the frequency requested by Customer. CleanUp App LLC cannot guarantee that the same Contractor will be available for each Recurring Service appointment or that Recurring Service appointments will not be canceled.
(ii) Billing, Recurring Charges And Automatic Renewal: When A Customer Chooses A Recurring Service, Customer Will Be Charged On The Date The Service Is To Occur Approximately 0-2 Hours After Contractor’s Services Have Been Rendered, Or The Booking Has Taken Place. Thereafter, Customer’s Agreement To Pay For The Contractor’s Service Will Automatically Renew And Customer’s Credit Card Will Be Charged At The Rate Disclosed To The Customer Upon Booking Recurring Services, Approximately 1-2 Hours After Booking Has Taken Place Or Services Have Been Rendered.. In Advance Of Each Automatically Scheduled Professional Service Appointment Clean Up App Llc Reserves The Right To Place A Hold On The Customer’s Payment Method In The Anticipated Amount (Cost) Of The Contractor’s Service, As Well As For Any Applicable Fees And Taxes.
(iii) Cancellation Of Automatically Renewing Recurring Service: Customers May Cancel The Automatically Renewing Recurrent Service At Any Time By Navigating To Their Account On The Cleanup App Llc Platform, And Selecting To Cancel Any Contractor Services. Customers Must Cancel More Than Twenty-four (24) Hours Prior To Their Next Contractor Service In Order To Avoid Being Charged Cancellation Fees And/or For Their Next Professional Service Pursuant To Cleanup App Llc’s Cancellation Policy As Set Forth In Section 4.
D. CleanUp App LLC Happiness Guarantee.
CleanUp App LLC will work at their discretion to provide any compensation to Customers should there be a verified property damage or theft caused by a Contract Service provider. The Customer is eligible for the CleanUp App LLC Happiness Guarantee provided that the Customer reports the issue within forty-eight (48) hours of the Contractor Service appointment to CleanUp App LLC’s Support services by emailing email@example.com. If the Customer does not report the issue within forty-eight (48) hours of the Contractor Service appointment, the claim is ineligible for the CleanUp App LLC Happiness Guarantee. For Recurring Services, each Contractor Service appointment is treated as a separate occurrence.
(i) The CLeanUp App LLC Happiness Guarantee provides certain limited protections for Customers engaged in using Contractor Services through CLeanUp App LLC. Pursuant to the CleanUp App LLC Happiness Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, CleanUp App LLC will compensate Customers the lowest amount of: (a) subject to the exclusions below, up to USD $1,000 per occurrence for losses arising from property damage as a direct result of negligence by a Contractor during performance of a Contractor Service through CleanUp App LLC, or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence by a Contractor during the performance of a Contractor Service through CLeanUp App LLC, the amount shall be limited to up to USD $1,000; or (c) up to USD $2,000, in the aggregate, for losses arising from theft of a Customer’s property by a Contractor during performance of a Professional Service through CleanUp App LLC.
(ii) If Customer carries insurance that would cover Customer in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”), Customer agrees that their Personal Insurance is primary and the CleanUp App LLC Happiness Guarantee is secondary. The CleanUp App LLC Happiness Guarantee will only compensate for losses to the extent not otherwise covered by Customer’s Personal Insurance and only as permitted herein.
(iii) A Customer will be covered under the CleanUp App LLC Happines Guarantee for a Contractor’s Service, subject to the exclusions in subsection (v) below, provided:
The Contractor Service is agreed to between a Customer and a Contractor using the CleanUp App LLC Platform, performed by the Contractor hired by the Customer and paid for in full through the CleanUp App LLC Platform;
The Customer has not violated this Agreement;
The Customer has reported the claim within 48 hours of the Contractor Service taking place;
The Customer’s CleanUp App LLC Platform account is in good standing with no outstanding balances owed to CleanUp App LLC;
The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; and
The Requestor has accounted for and secured all valuables prior to the start of a Professional Service.
The Customer has communicated any unique cleaning situations such as Customer having floors, countertops, or other surfaces, or furniture, or items that requires special cleaning methods, special cleaning solutions, or no cleaning.
iv. What is excluded from the CleanUp App LLC Happiness Guarantee? The “CleanUp App LLC Happiness Guarantee” does not cover the following:
Any Contract Service that are not booked and paid for directly through the CleanUp App LLC Platform;
losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation, but as permitted here in (section 3di)
losses arising from the acts or omissions of a Customer or third party;
losses arising from the negligence or misconduct of a third party;
losses arising from a manufacturer’s or a product’s defects;
losses from pre-existing damages or conditions of the item or property;
losses arising from items supplied by the Customer or due to Customer’s recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
losses arising from flooding and/or water damage including mold, fungi or bacteria;
losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
losses of cash, third party gift cards, and securities;
losses as a result of an intentional wrongful act by a Contractor;
losses arising from normal wear and tear;
losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation), but as permitted here in (section 3di);
loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
losses based on sentimental and/or undocumented intangible value;
losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
losses related to repairs outside of the area where the Contractor Services were performed;
losses of pets, personal liability or damage to shared or common areas;
losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
losses of theft without a valid police report, if requested by CleanUp App LLC; and losses with insufficient documentation; and
losses occurring after, or unrelated to, the performance of a Contractor Service;
losses involving products or services, or uses of either, that are prohibited by law;
losses due to unforeseeable or latent defects in the premises;
losses related to services not explicitly booked through the CleanUp App LLC Platform; and
losses reported by third parties
v. How do I submit a Claim? First report of a claim must be made within 48 hours from when the Contractor Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the CleanUp App LLC Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During CleanUp App LLC’s claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; (3) proof of no damage to property prior to Contractor Service; and (4) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send CleanUp App LLC the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact CleanUp App LLC to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the CleanUp App LLC Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow CleanUp App LLC or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials within tieframes as outlined by this document; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the CleanUp App LLC Happiness Guarantee, You will be required to execute and deliver to CleanUp App LLC the release agreement within 14 days of receipt of the release agreement from CleanUp App LLC, and assign to CleanUp App LLC or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to CleanUp App LLC within 14 days of Your receipt and the claim shall no longer shall be eligible for the CleanUp App LLC Happiness Guarantee.
E. Work Guarantee. CleanUp App LLC does not guarantee that it will be able to match Customer’s service needs with a Contractor or that there are Contractors in Customer’s area that are either capable or willing to complete Customer’s service needs.
(ii) Date and Time. CleanUp App LLC does not guarantee that there will be a Contractor available on the date and time requested by the Customer. CleanUp App LLC will do its best to find a Contractor to the Customers requested date and time. If it is not possible for CLeanUp AP LLC to match the Customer’s requested date and time with the availability of a Contractor, Customer agrees to not hold CleanUp App LLC responsible for any damages or losses caused by CleanUp App LLC’s inability to match Customer with a Contractor.
(ii) Same Day service. CleanUp App LLC does not guarantee that Contractors will be available to service their request if that request is made the same day, or within 24 hours of the date and time that the requested service is to take place.
4. Term and Termination; Cancellation of Contractor Services; Rescheduling of Contractor Services; Skipping of Recurring Contractor Services
A. Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us, unless otherwise noted.
B. Termination by CleanUp App LLC. We may terminate this Agreement or terminate or suspend Customer’s right to use the CLeanUp App LLC Platform at any time for any or no reason (including, without limitation, in the event that we believe that Customer may have breached this Agreement or any policy posted on the CleanUp App LLC Platform including website, advertisements or marketing material, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, “Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided to CleanUp App LLC, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the CleanUp App LLC Platform due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, CleanUp App LLC may delete the account and all the information in it. You have no ownership rights to your account.
C. Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the CleanUp App LLC Platform (provided that there are no outstanding Contractor Services ordered under your password or account) and by closing any account you have opened on the CleanUp App LLC Platform. If you attempt to terminate this Agreement while there are still outstanding Contractor Services ordered under your password or account, this Agreement shall not terminate until such Contractor Services have been performed or otherwise canceled as permitted by CleanUp App LLC.
D. Cancelling Contractor Services. Customer is entitled to cancel Contractor’s Services at anytime, without terminating their use of the CleanUp App LLC Platform, in accordance with CleanUp App LLC rules, policies and fees as listed in provisions (i) through (v) in this section (d).
(i) One-time Services. Customers are entitled to cancel any requested One-Time Contractor’s Service with 24 hours advance notice. If Customer cancels One-Time Contractor Service between 2 and 24 hours prior to the date and time Contractor Services are to be rendered, CleanUp Ap LLC reserves the right to assess a fee of $15 on the Customer’s credit card on file. If Customer cancels One-Time Contractor Service with 2 hours or less notice, prior to the date and time Contractor Services are to be rendered, CleanUp Ap LLC reserves the right to assess a fee of $60 on the Customer’s credit card on file.
(ii) Recurring Services. Customers are entitled to cancel any requested Recurring Service with 24 hours advance notice prior to any upcoming Recurring Service date and time, in their Recurring Service program, without a fee. If Customer cancels Recurring Service between 2 and 24 hours prior to the date and time Contractor Services are to be rendered, CleanUp App LLC reserves the right to assess a fee of $15 on the Customer’s credit card on file. If Customer cancels Recurring Service with 2 hours or less notice, prior to the date and time Contractor Services are to be rendered, CleanUp Ap LLC reserves the right to assess a fee of $60 on the Customer’s credit card on file.
(iii) CleanUp App LLC reserves the right to charge any Customer cancelling Recurring Services the FULL AMOUNT of the cost of a One-Time Contractor Service, for their home, if the Customer cancels their Recurring Service on or before the date and time of the SECOND (2nd) Contractor Service in their Recurring Service cycle. The charge will be assessed on the Customer’s credit card on file.
(iv) The CleanUp Mobile App, part of the CleanUp App LLC Platform. Cancelling any Recurring Service will result in removal of all follow-on Contractor Services in the Recurring Service cycle for which Customer is cancelling. See section (f) on “skipping”.
(v) The CleanUp Website, part of the CleanUp App LLC Platform. When cancelling a Recurring Service, Customer has the option to cancel a single Contractor Service appointment, or the Customer can cancel all Recurring Service appointments. If Customer is cancelling SECOND (2nd) Contractor service, but intends to continue with Recurring Service, CleanUp App LLC will NOT assess One-Time charge (d (iii)), but if THIRD (3rd) Contractor Service is cancelled by Customer, CleanUp App LLC will assess One-Time charge (d (iii)).
e. Rescheduling Contractor Services. Customer is entitled to reschedule Contractor’s Services at any time, in accordance with CleanUp App LLC rules, policies and fees as listed in provisions (i) through (iii) in this section (e).
(i) Rescheduling a One-Time Service. Customers are entitled to reschedule any requested One-Time Contractor’s Service with 24 hours advance notice. If Customer reschedules One-Time Contractor Service between 2 and 24 hours prior to the date and time Contractor Services are to be rendered, CleanUp Ap LLC reserves the right to assess a fee of $15 on the Customer’s credit card on file. If Customer reschedules with less than 2 hours prior to the time Contractor’s Services are expected to be rendered, CleanUp App LLC reserves the right to assess a fee of $60 on the Customer’s credit card on file.
(ii) Rescheduling a Recurring Services. Customers are entitled to reschedule any requested Recurring Service with 24 hours advance notice prior to any upcoming Recurring Service date and time, in their Recurring Service program, without a fee. If a Customer reschedules a Recurring Service between 2 and 24 hours prior to the date and time Contractor Services are to be rendered, CleanUp App LLC reserves the right to assess a fee of $15 on the Customer’s credit card on file. If Customer reschedules with less than 2 hours prior to the time Contractor’s Services are expected to be rendered, CleanUp App LLC reserves the right to assess a fee of $60 on the Customer’s credit card on file.
(iii) CleanUp App LLC does not guarantee that a Contractor will be available to accept Customer’s rescheduled request, especially if the request is carried out with short notice, wit in 24 hours of Customer’s appointment time.
f. Skipping Recurring Contractor Services. Customer is entitled to reschedule Contractor’s Services at any time, in accordance with CleanUp App LLC rules, policies and fees as listed in provisions (i) through (iv) in this section (f).
(i) Skipping a Recurring Services. Customers are entitled to skip any requested Recurring Service with 24 hours advance notice prior to any upcoming Recurring Service date and time, in their Recurring Service program, without a fee. If a Customer skips a Recurring Service between 2 and 24 hours prior to the date and time Contractor Services are to be rendered, CleanUp App LLC reserves the right to assess a fee of $15 on the Customer’s credit card on file. If Customer skips with less than 2 hours prior to the time Contractor’s Services are expected to be rendered, CleanUp App LLC reserves the right to assess a fee of $60 on the Customer’s credit card on file.
(ii) Skipping Weekly Cleaning. Customers are allowed to skip a maximum of ONE Recurring Services appointment, in a 30 day period, in accordance with advance notice timings described in section f (i). CleanUp App LLC reserves the right to assess a charge of $40 to the Customer’s credit card on file for each time the Customer skips a Recurring Service appointment, over the allowable amount in a 30 day period (ONE). Other fees may be applicable as well in accordance with that listed in section f (i).
(iii) Skipping Bi-Weekly Cleaning. Customers are allowed to skip a maximum of ONE Recurring Services appointment, in a 60 day period, in accordance with advance notice timings described in section f (i). CleanUp App LLC reserves the right to assess a charge of $40 to the Customer’s credit card on file for each time the Customer skips a Recurring Service appointment, over the allowable amount in a 60 day period (ONE). Other fees may be applicable as well in accordance with that listed in section f (i).
(iv) Skipping is not allowed for, and does not apply to one-time cleanings.
(v) Skipping applies only to the Mobile App portion of the CleanUp App LLC Platform.
(vi) Functionality similar to “Skipping” exists in the Website portion of the CleanUp App LLC Platform. Customer must log in to their account on the CleanUp App LLC Platform to cancel an upcoming Recurring Service appointment. Rules, policies and fees described in section f (i) through (iii) apply.
Policy for Service Cancellation by Contractors. When a Contractor cancels a scheduled Contractor Service, the CleanUp App LLC Platform generally notifies the Customer and makes the Customer’s request for Contractor Service available for another Contractor to select, and book. However, CleanUp App LLC cannot guarantee that a canceled Contractor Service appointment will be selected by another Contractor and rescheduled or that the Customer’s request for Contractor Services will be completed at the date and time requested by the Customer. For Recurring Service Customers, if a Contractor cancels a requested Recurring Service appointment, the customer will not be charged for that Recurring Service appointment.
Customer Not Home/No Entry. If Contractor arrives at Customer’s home and the Contractor does not have a way to enter the Customer’s home to perform the Customer’s requested Contractor Services, CleanUp App LLC reserves the right to assess a fee of $40 on the Customer’s credit card on file.
6. Coupons and Offers.
CleanUp App LLC may issue coupons and discounts for CleanUp App LLC or any other third party. These offers are for CleanUp App LLC Users only and any use beyond that which is defined in the coupon or offer terms and conditions is prohibited.
7. No Employment, Agreement to Contract
a. CleanUp App LLC provides a software platform which allows you to connect with independent Contractors. CleanUp App LLC is not the employer of any Contractor to provide certain cleaning services. You acknowledge that CleanUp App LLC does not supervise, direct, or control a Contractor’s work or Contractor’s Services performed in any manner. A Contractor provides services to you as an independent contractor.
b. CleanUp App LLC provides frameworks within which to consider Contractor Services, in the form of Checklists that can be found on the Website portion of the CleanUp App LLC Platform. Checklists are provided for Light Cleanings, Standard Cleanings, and Deep Cleanings. When Customer requests the services described per any of the Checklists, they are effectively entering into a contractual agreement with the Contractor to provide such Checklist Services.
(i) Contracted Services provided to the Customer by Contractors will take place within the allotted timeframe calculated by CleanUp App LLC’s Platform, and for the payment calculated by CleanUp App LLC’s Platform.
Add On’s. “Add-On’s” to Checklist Services are available for choosing when the Customer is making their booking request. These “Add-On’s” will be considered part of the Contracted Services.
Special Instructions Text Box. Any information provided, or requests made in the Special Instructions Text Box when booking will be considered part of the Contracted Agreement. Customer requests for Contractor Services in the Special Instructions Text Box will take precedent over Checklist Services, and Customer will hold Contractor and CleanUp App LLC harmless for not completing any or all Checklist Service items, in lieu of performing Customer Requests from the Special Instructions Text Box.
Contractor Right to Refusal. The sequence of which the Customer requested Job Tasks in a unique a Contract Job are performed, and the method by which the Customer requested Job Tasks in a unique a Contract Job are preformed remains at the discretion of the Contractor. The refusal to complete any task including operating in an unsafe environment, cleaning human or animal excrement or vomit is also completely at the discretion of the Contractor.
8. Lockboxes and Key Access
a. CleanUp App LLC sources and provides lockboxes to Customers on the CleanUp App LLC Platform who are deemed eligible.
No Control. Once the Customer takes possession of the lockbox, CleanUp App LLC has no control ofver the Customer’s usage of said lockbox, and Customer and Contractor hold CleanUp App LLC or any of its affiliates harmless in the event of damages or losses from use of lockbox.
b. Key Access. Contractors depend upon Customer’s to provide safe and secure access to their home for the Contractor to perform Contracted Services.
9. Background Checks
a. CleanUp App LLC performs background checks on Contractors when they join the CleanUp App LLC Platform, and at no other time, accept at CleanUp App LLC’s discretion.
b. Customer and Contractor hold CleanUp App LLC harmless against any claims arising from background checks.
a. Customer will not engage in the solicitation of Contractors, attained through the CleanUp App Platform, to complete any residential cleaning services outside of the CleanUp App LLC Platform.
(i) If the Customer is successful in their solicitation of a Contractor for residential cleaning services outside of the CleanUp App LLC Platform, CleanUp App LLC reserves the right to assess a finders fee of $2000 on the Customer’s credit card on file, or attain this fee by any other means.
(ii) Customer r agrees that this Non-Solicitation provision shall survive 6 months after their Termination form the CleanUp App LLC Platform for any reason, and whether voluntarily or involuntarily.
11. Modifications to the CleanUp App LLC Platform.
a. CleanUp App LLC reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the CleanUp App Platform or any content or information on the CleanUp App LLC Platform with or without notice. CleanUp pp LLC will not be liable to any party for any modification or discontinuance of the CleanUp App LLC Platform.
12. Disclaimer Of Warranties; Limitation On Liability.
A. Use Of The Cleanup App Llc Platform Is Entirely At User’s Own Risk. To The Fullest Extent Permitted By Applicable Law, The Cleanup App Llc Platform Is Provided On An “As Is” Basis Without Warranties Of Any Kind, Either Express Or Implied, Including, But Not Limited To, Warranties Of Merchantability, Fitness For A Particular Or General Purpose And Non-infringement. Without Limiting The Foregoing, Neither Cleanup App Llc Nor Its Affiliates Warrant That The Cleanup App Llc Platform Will Be Uninterrupted Or Error-free; Nor Do They Make Any Warranty As To Any Content Available In Or Through The Cleanup App Llc Platform; Nor Do They Make Any Warranty As To Any Professional’s Registration, Professional Accreditation Or License; Nor Do They Make Any Warranty As To The Results That May Be Obtained From The Use Of The Cleanup App Llc Platform, Or As To The Timeliness, Accuracy, Reliability, Quality, Suitability, Safety, Completeness Or Content Of The Services, Contractor Services, Any Content, Information Or Materials Provided Through Or In Connection With The Use Of The Cleanup App Llc Platform Or This Agreement. Access To The Cleanup App Llc Platform Is Provided Free Of Charge As A Courtesy. Neither Cleanup App Llc Nor Its Affiliates Are Responsible For The Conduct, Whether Online Or Offline, Of Any User Of The Cleanup App Llc Platform (Including But Not Limited To The Conduct Of Any Customers Or Contractors). Neither Cleanup App Llc Nor Its Affiliates Warrant That The Cleanup App Llc Platform Is Free From Viruses, Worms, Trojan Horses, Or Other Harmful Components. Cleanup App Llc And Its Affiliates Cannot And Do Not Guarantee That Any Information, Personal Or Otherwise, Supplied By Any User Will Not Be Misappropriated, Intercepted, Deleted, Destroyed Or Used By Others.
No Liability. Users Agree Not To Hold Cleanup App Llc Or Its Affiliates. Or Any Of Such Parties’ Agents, Employees, Officers, Directors, Corporate Partners, Or Participants (Collectively, “Members”) Liable For Any Damages, Expenses, Losses, Suits, Claims, And/or Controversies (Collectively, “Liabilities”) That Have Arisen Or May Arise, Whether Known Or Unknown, Relating To Your Use Of Or Inability To Use The Cleanup App Llc Platform, Including Without Limitation Any Liabilities Arising In Connection With The Conduct, Act Or Omission Of Any User (Including Without Limitation Stalking, Harassment, Acts Of Physical Violence, And Loss Or Destruction Of Personal Property), Services, Any Dispute With Any User, Any Instruction, Advice, Act, Or Service Provided By Cleanup App Llc Or Members, And Any Destruction Of Your Information. Under No Circumstances Will Cleanup App Llc Or Members Be Liable For Any Indirect, Incidental, Consequential, Special Or Exemplary Damages Arising In Connection With Your Use Of Or Inability To Use The Cleanup App Llc Platform Or Any Contractor Services, Even If Such Parties Were Or Should Have Been Advised Of The Possibility Of The Same.
Except As Expressly Permitted Under The Terms Of The Clean Up App Llc Happiness Guarantee, Under No Circumstances Will Cleanup App Llc Or Members Be Liable For Any Direct Damages Arising In Connection With Your Use Of Or Inability To Use The Cleanup App Llc Platform Or Any Contractor Services, Even If Such Parties Were Or Should Have Been Advised Of The Possibility Of The Same. Cleanup App Llc And Members Do Not Accept Any Liability With Respect To The Quality Or Fitness Of Any Work Performed In Connection With The Cleanup App Llc Platform, The Contractor Services, Or This Agreement.
C. Release. Cleanup App Llc And Members Expressly Disclaim Any Liability That May Arise Between Users Of The Cleanup App Llc Platform. The Cleanup App Llc Platform Is Only A Venue For Connecting Users.
D. Additional Disclaimer. The Quality Of The Contractor Services, Scheduled, Requested Or Obtained Through The Cleanup App Llc Platform Is Entirely The Responsibility Of The Contractor Who Ultimately Provides Such Contractor Services To The Customer. Customer Understands, Therefore, That By Using The Cleanup App Llc Platform, Customer May Be Exposed To Contractor Services That Are Potentially Dangerous, Offensive, Harmful To Minors, Unsafe Or Otherwise Objectionable, And That You Use The Cleanup App Llc Platform, And Such Contractors, At Your Own Risk.
Nothing In This Agreement Or The Cleanup App Llc Platform Constitutes, Or Is Meant To Constitute, Advice Of Any Kind. If You Require Advice In Relation To Any Legal, Financial Or Medical Matter You Should Consult An Appropriate Professional.
By Using The Cleanup App Llc Platform, You Agree That The Exclusions And Limitations Of Liability Set Out In This Agreement Are Reasonable. If You Do Not Believe They Are Reasonable, You Must Not Use The Cleanup App Llc Platform.
Each Party Acknowledges That The Other Party Has Entered Into This Agreement Relying On The Limitations Of Liability Stated Herein And That Those Limitations Are An Essential Basis Of The Bargain Between The Parties.
Users hereby agree to indemnify, defend, and hold harmless CleanUp App LLC, and its Affiliates, Members, Employees, Agents, Attorneys, Independent contractors and Vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) User’s use or misuse of or inability to use the CleanUp App LLC Platform, or any Contractor Service, (ii) User’s violation of this Agreement, (iii) User’s violation of any applicable law or regulation; (iv) User’s violation of the rights of another (including but not limited to Contractors and Customers), and (v) User’s Information and content that submitted or transmitted through the CleanUp App LLC Platform. CleanUp App LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to Users indemnification. User will not, in any event, settle any such claim or matter without the prior written consent of CleanUp App LLC.
14. Mutual Arbitration Agreement.
a. Arbitration. If a Dispute is not resolved through Informal Negotiations, User and CleanUp App LLC agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). Each party will pay the fees for his/her or its own attorneys. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
c. Excluded Disputes. User and CLeanUp App LLC agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of User’s or CleanUp App LLC’s intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the grounds that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
d.WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.
User and CleanUp App LLC agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
e. Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city of San Antonio, Texas, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award.
f. Severability. User and CleanUp App LLC agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this section 19 will be given full force and effect.
15. Governing Law; Jurisdiction.
Except for the Arbitration Agreement in Section 19, which is governed by the Federal Arbitration Act, this Agreement is governed and interpreted pursuant to the laws of the State of Texas, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county Bexar, San Antonio, Texas.
This Agreement may not be assigned or transferred by you without our prior written approval. CleanUp App LLC may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.
17. Changes to this Agreement.
CleanUp App LLC reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the CleanUp App LLC Platform. Your continued use of the CleanUp App LLC Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
18. Severability These Terms shall be deemed severable.
In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
19. Contact Information. If you have any questions regarding this Agreement, please contact us at firstname.lastname@example.org
Last updated: 16 MAY 2020