Terms and Conditions of Contract

  1. Purpose and scope of the Terms and Conditions of Contract

Batmaid manages the Platform, which enables Customers to book and pay for a Service (as defined below).

The purpose of these Terms and Conditions of Contract is to define the conditions of access and use of the Platform, as well as to define the rights and obligations of Batmaid, the Agents and the Customers in relation to the use of the Platform and the Services.

In its capacity as employer, Batmaid is therefore the provider of Services to the Customers.

  1. Definitions

The following definitions shall apply to the Terms and Conditions.

  • "Agent": means an employee of Batmaid Netherlands BV.
  • "Application": means the mobile application operated by Batmaid available on iOS and reserved for Customers only.
  • "Batmaid": means the company Batmaid Netherlands BV, registered with the Trade Register of the Chamber of Commerce under number 83678808;
  • "Booking": means an order for a Service;
  • "T&C": means these Terms and Conditions of Contract.
  • "Customer": means any natural or legal person who uses the Platform with the intent to possibly benefit from a Service.
  • "Account": means the digital space dedicated to a User on the Platform.
  • "Content": means any statement, message, information or data published on the Platform.
  • "Platform": means the Service booking platform operated by Batmaid, accessible from the Website and the Application, which enables the Service to be performed.
  • "Service": means the home service rendered by Batmaid to a Customer within the framework of the home services; more precisely home cleaning service and end-of-tenancy cleaning service, which can be purchased on the Platform.¬†
  • "User": means any Customer, Agent or any other person using the Platform.

Unless the context otherwise requires, terms and definitions in the singular include the plural and vice versa.

  1. Registration and acceptance of T&C and use of the Website

3.1. FOR THE CUSTOMER

Any order for a Service requires the creation of a personal account by the Customer. The Customer may register on the Platform and create his or her Account via (i) the Website, during the process of booking a Service or by clicking on the "Login" tab; or via (ii) the Application, during the process of booking a Service.

The Customer must provide the information necessary to create his/her Account at the time of his/her first access, in particular his/her surname, first name, email address and home address. Furthermore, the Customer warrants to Batmaid that he/she has the power and the legal capacity to create the Account and to use the Services. The Customer must therefore be of legal age and have full legal capacity. The Customer also guarantees the veracity of all information provided to Batmaid, whether via the Website or otherwise.

During the process of booking a Service and thus creating his/her Account, the Customer undertakes to read the T&C when he gives his consent by ticking the box "I accept the terms of use". The Customer is free to accept or refuse the T&C. In case of refusal, the Customer will not be able to access his account on the Site.

At the time of acceptance and/or at the end of the process of booking a Service, the Customer receives an email confirming the creation of his/her Account.

3.2. FOR THE AGENT

The Agent may apply to the Platform via the Site, in the section dedicated to Agents.

When logging in for the first time, the Agent shall provide the following information to create his Account: title (Mrs., Mr.), surname, first name, email address, date of birth, telephone number, address, desired rate of employment, type of identity document or residence permit, experience, means of transport and CV. Furthermore, the Agent guarantees Batmaid that he/she is of legal age and has full legal capacity and freedom to work on Dutch territory, to create the Account and to be employed by a company.

During the Account creation process, the Agent undertakes to read the T&C when he/she gives his/her consent by ticking the box "I accept the terms of use". The Agent is free to accept or refuse the T&C. In case of refusal, the Agent will not be able to access his/her account on the Website.

After acceptance, the Agent will receive an email confirming receipt of the application.

3.3. USE OF THE WEBSITE

The User of the Website may download, view or print the content of the Website solely for personal and non-commercial use, preserving and reproducing any copyright or other proprietary notices contained in any information or other material downloaded. Any other use, in whole or in part and by any means whatsoever, including the reproduction, modification, distribution, transmission or dissemination of the content of the Website, is strictly prohibited, except with the prior written consent of Batmaid.

Batmaid does not in any way guarantee or represent that the use of the content of the Website by the User will not infringe the rights of third parties.

  1. Copyright and Intellectual Property

The contents of the Website, including but not limited to texts, trademarks, logos, diagrams, photographs, videos, audio files, music, layout, drawings, know-how, technologies, products and processes, belong to Batmaid or to the companies affiliated with the Batgroup SA group or are used with the permission of their respective owners, and are therefore protected by copyright, trademarks, patents and all other intellectual or industrial property rights existing under applicable law (all rights reserved).

Except as otherwise provided for in the T&C, nothing on the Website may be interpreted as granting a licence or a right to use any of the content.

  1. Evolution of Services and modification of T&Cs

Batmaid develops the features and functionalities of the Platform and the Services in order to improve their operation and quality.

Batmaid may unilaterally modify the T&C relating to the technical aspects of the Platform and Services, provided that this does not lead to an increase in price or a change in quality and provided that the features to which the User has committed are included in the T&C.

For other changes to the T&C and Services, Batmaid shall inform the User by email.

If no objection is made by the User within 30 days, the changes shall be deemed to have been read and accepted. However, in the event of objection or refusal, the Contract(s) shall be immediately terminated and the User shall cease to use the Platform and the Services, without prejudice to the full fulfilment of the obligations in force (in particular, the Users and Batmaid shall honour the current Bookings).

  1. Account access, use and security

Access to the Platform and Services is reserved exclusively for Users. Each User understands and agrees that he or she is responsible for access to and use of his or her Account.

Except in the event of technical failure attributable to Batmaid or force majeure on this side of the User, each User is responsible for the confidentiality of his connection data and undertakes to take all measures to protect his login and password (in particular, by choosing a secure password, etc.).

If the User has reason to believe that his or her connection data (in particular, his or her login or password) have been lost, stolen, misappropriated or compromised in any way or in the event of unauthorised use of his or her Account, the User must immediately inform Batmaid by email at client@batmaid.nl.

In such a situation, the User authorises Batmaid to take all appropriate measures to prevent any further access to the Account.

  1. Provision of services

7.1. BOOKING A HOUSE CLEANING SERVICE

The Customer can make a Reservation on the Website or on the Application. He/she must select the "house cleaning" Service and enter the postcode where the Service is to take place.

The Customer then chooses the duration of the Service (the duration is selected manually by the Customer or using the duration calculation tool - "calculate time"). The Customer may then add "Extras" (as defined on the Website) to the Service, which are additional options that the Customer wishes to have performed during the cleaning (in particular, cleaning the inside of the oven, additional time for ironing, etc.).

The Customer then chooses the frequency of his/her cleaning (every week, every fortnight, every four weeks or once). He/she also indicates whether he/she has pets in the house and chooses the date and time of his/her first service. If the Customer selects a frequency, the cleaning will automatically be repeated on the same day and at the same time with the same person.

Finally, the Customer confirms that they have all the materials and products needed for the cleaning. He/she also enters the exact address of the cleaning and any additional instructions and finally enters the desired method of payment.

The Services can only be performed during the hours indicated on the Platform or on the Application.

7.2. BOOKING AN END-OF-TENANCY CLEANING

The Customer may make reservations on the Website or the Application. He/she must select the "end of tenancy" Service and enter the postcode where the Service is to take place.

The Customer then enters the surface area of the property to be cleaned to obtain an online quote. The Customer receives an hourly rate and a price that already includes the selected "Extras" (additional options to the standard cleaning). In addition, the Customer can choose to remove and/or add some "Extras", which will automatically recalculate the cleaning duration.

The Customer then chooses whether or not to subscribe to a "Guarantee" for his/her end-of-rent cleaning. The guarantee is applied as follows:

  • if the cleaning is not done well, someone will come back to finish the job for free;
  • only the booked services are covered (in addition to what is included in a standard cleaning).

The guarantee does not apply

  • if the actual surface area does not correspond to that indicated in the reservation made by the Customer;
  • for matters not related to cleaning;
  • for failure to carry out any "Extras" that were not selected;
  • for the non-fulfilment of any cleaning not booked.

Then, the Customer chooses the day on which he wants the service to take place. In principle, all end-of-tenancy cleaning starts at 8 a.m. If the client wishes to change the time, he/she shall inform the Batmaid company by clicking on "I want to be contacted to change the time".

Finally, the Customer confirms that he/she has all the equipment and products necessary for cleaning. He also enters the exact address of the end-of-tenancy cleaning and any additional instructions and finishes by filling in the desired payment method.

Services can only be carried out at the times indicated on the Platform or on the Application.

On the day of the end-of-rent cleaning, the Customer must be present when the cleaning agents arrive to show them the premises and explain their exact requirements. In addition, the Customer must also be present one hour before the end of the cleaning to walk around with the cleaning agent(s) to ensure that there are no shortcomings in the cleaning.

7.3. CONNECTION BETWEEN CUSTOMERS AND AGENTS

Once an Agent has accepted a cleaning service assignment, it is considered validated.

Cleaning services are assigned according to the Agent's availability and the location of the Agents and Customers.

If an Agent does not respond within a period of time dependent on the urgency of the Booking, the Booking is offered to another Agent until it is accepted by one of them.

7.4. WITHDRAWAL, CANCELLATION AND MODIFICATION OF A SINGLE BOOKING OR FREQUENCY OF CLEANING SERVICE

The Customer can delete a Service free of charge by clicking on "My cleaning" when accessing his/her Batmaid account. Then, in the "Upcoming cleaning" section, the Customer clicks on the "Other" tab of the cleaning service he wishes to delete and then clicks on "Delete". The Agent will be informed of the change immediately.

If the Customer wishes to cancel the entire regular cleaning contract, he must contact Batmaid by email at client@batmaid.nl.

If the cancellation or modification of a Service is made 5 days or more  before the Service will take place, the Customer will not be charged any cancellation or modification fee. If the Customer cancels a Service 4 days or less  before the Service, the Customer shall be charged the full price of the booked Service.

Requests for modifications on 4 days or less before the booked service can only be submitted via email to client@batmaid.nl. If the Customer modifies a Service 4 days or less before the Service, the Customer shall be charged the full price of any unused hours of the originally booked Service, in addition to the hours of the modified booking.

The Customer may cancel the recurrence of the cleaning service at any time without charge, provided that the cancellation is made no later 5 days before the next cleaning service. If the recurrence of the Service is cancelled after 5 days prior to the next booked cleaning service, the cancellation charges set out in the previous paragraph shall apply.

7.5. COURSE OF PERFORMANCE

At the end of a Service, the Customer may rate the Agent's Service through a rating system on the Platform or the Application.

  1. Financial conditions

8.1. PRICE OF SERVICES

Batmaid sets the price of the Services. The cost of each particular Service appears on the Platform. The Customer shall pay for the Services by credit card.

8.2. PAYMENT OF SERVICES

The price of the Services is subject to a bank pre-authorisation 24 hours before the start of the Service. It is automatically charged to the Customer within 48 hours after each cleaning. Credit cards (VISA/Mastercard/American Express) are used for recurring and one-off cleaning.

8.3. RECEIPTS FOR PAYMENT 

The receipts for payment of the Services provided to the Customer are available at all times, and for a period of 10 years, on his/her personal Account. The invoice can be made available to the Customer upon request to Batmaid.

  1. Batmaid commitments

Batmaid undertakes to make the Platform and the Services available to Users and to do its best to ensure their accessibility and proper functioning. This is expressly an obligation of effort and not an obligation of result.

In this respect, Batmaid undertakes to ensure that the Platform and the Services are accessible 24 hours a day, seven days a week, except in cases of force majeure, unforeseeable circumstances or circumstances due to third parties, and except for breakdowns and maintenance and updating operations necessary for the proper functioning of the Platform and the provision of the Services (without prejudice to the points set out in Article 10: Limited liability of Batmaid).

Batmaid makes available to Users a support service to answer questions and provide assistance in the event of difficulties. For any question or request for information concerning the Platform or the Services, the User may contact Batmaid by sending an email to the following address: client@batmaid.nl.

In the event of a malfunction or anomaly that interrupts the proper functioning of the Platform or the Services, Batmaid undertakes to do its best to restore the situation.

  1. Liability of Batmaid

Users acknowledge and accept that by accessing, using, exploring and browsing the Website, they do so under their own responsibility.

Users acknowledge and accept that, to the extent permitted by applicable law, Batmaid, its affiliated companies in the Netherlands and abroad, their directors, officers, employees, agents or shareholders, any other party involved in the creation, production or delivery of the Website, shall not under any circumstances be liable for any direct or indirect damage including damage to reputation, or relating to costs, losses, loss of turnover or profits (even if the occurrence of such damage was known or could have been known to the company or one of its affiliates), which may result from the User's access to, use of, or inability to use the Website or its content.

All documents downloaded or obtained by any other means during the use of the Website are the sole responsibility of the User, whether the User is a Customer, an Agent or an ordinary User. Furthermore, Batmaid shall not be liable for temporary difficulties or impossibilities of access to the Platform, the Account or the Services if these are due to User error, circumstances beyond its control, force majeure, or interruptions in telecommunications networks or limitations inherent to the operation of an Internet service.

Batmaid reserves the right to interrupt or suspend all or part of the functionalities of its website in case of inappropriate behaviour, such as racist comments. 

Batmaid, or any company belonging to the Batgroup SA group, accepts no liability for any interruption or suspension of all or part of the functionalities of its Website resulting from actions or omissions of Batmaid, its affiliated companies or third parties.

  1. User commitments

11.1. COMMITMENTS COMMON TO ALL USERS

Users are responsible for the use they make of the Platform and the Services and are liable for any damage they may cause and for any inaccurate, incomplete and/or misleading information they provide when registering or failing to update this information, the consequences of which are their sole responsibility. More specifically, Users are responsible for:

  • the information that they choose to put online in their Account and that they publish using the Platform or Services;¬†
  • of reservations of Services made on the Platform.

The User expressly undertakes to:

  • comply with the laws and regulations in force and not to violate public order, good faith and the rights of third parties, and not to violate any legal or regulatory provision;
  • not allow third parties to use their Account;
  • not publish Content which is abusive, defamatory, libellous, contrary to public decency, which violates public order or the rights of third parties, or which may damage the rights, reputation or image of Batmaid or of another User;
  • not use the Platform or the Services in a fraudulent manner (e.g. with a false account or identity) and/or to damage the interests of Batmaid or another User;
  • not assign or otherwise transfer their Account to a third party;
  • provide Batmaid with all information necessary for the proper performance of the Services and guarantee its accuracy;
  • make proper use of the Platform and the Services, i.e. participate in the registration, booking or evaluation process (optional)
  • to inform Batmaid of any complication of any kind, of any problem with another User or in the use of the Platform, the Account and the Services¬†
  • maintain the strictest confidentiality and not share with third parties any exchange, conversation, information and, more generally, any element relating to the Services, Bookings and exchanges between Users or with Batmaid.

The User understands and agrees that the following is strictly prohibited:

  1. Any behaviour which interrupts, suspends, slows down or prevents the continuity of the Platform or the Services;
  1. any intrusion or attempted intrusion into the systems of Batmaid;
  1. any diversion of the system resources of the Account and of the Platform;
  1. any action which imposes a disproportionate load on the digital infrastructure of Batmaid;
  1. any violation of security and authentication measures;
  1. any action which may damage the financial, commercial or moral rights and interests of Batmaid and/or other Users;
  1. any violation of the T&C;
  1. any copying and/or misappropriation of Batmaid's digital infrastructure and, more generally, any practice that abuses the Platform and the Services for purposes other than those for which they were designed.

11.2. CUSTOMER COMMITMENTS

The Customer expressly undertakes

  • to have a correct, polite and decent attitude towards the Agents;
  • not to repeatedly cancel Bookings;
  • to put the Agents in the best possible conditions to enable them to perform the Services in good conditions (e.g. to be in possession of all the necessary equipment and products, etc.);
  • inform the Agent of certain specific conditions of the Services, and in particular, inform them of the presence of animals at the address where the cleaning will take place (this may prevent some Agents with allergies or fears from carrying out the Services);¬†
  • not to contact Agents after the completion of a Service in order for them to perform services outside of the Platform.
  1. Duration

The T&C are in force for an indefinite period of time and come into effect as of their acceptance by the User.

  1. Insurance

Batmaid has a professional indemnity insurance with MS Amlin. 

In addition, the company also covers proven damage in the Customer's place where the Services were performed. 

If the damage is proven, Batmaid has liability insurance that covers the damage up to 650 euro.

  1. Privacy Policy

The data of all Users will be treated in accordance with the applicable privacy regulations and as defined in detail in the Privacy Policy, available in the respective section of Batmaid.

If you have any questions or requests, please contact our Customer Service at the following email address: client@batmaid.nl

  1. Applicable law

These T&C are governed by Dutch law.

  1. Dispute resolution and jurisdiction 

In the event of any disputes that may arise between the User and the Company, we would like to point out that the policy adopted by the Company is the policy of "amicable settlement", where possible, through neutral, fast and inexpensive means for the parties. First of all, all Users are cordially invited, in the event of problems encountered by them, to write to the email address client@batmaid.nl for a possible amicable resolution of any dispute arising between the User and Batmaid.

In case an amicable solution cannot be reached, all disputes shall be referred to the competent courts of Amsterdam, the Netherlands.