TERMS AND CONDITIONS FOR SERVICE USERS
1. Definition of Terms
1.1 Anna:
Anna means Andulka Services s.r.o, a company having its registered office at Žižkova tř. 309/12, 370 01 České Budějovice 6, Czech Republic, ID 28136659 registered in the Commercial Register kept by the Regional Court in České Budějovice, Section C, Insert 19537
Anna is a business entity who provides Service Users with cleaning and other services through cleaners
1.2 Service Users:
Service Users means a natural or legal person who is interested in arranging for the provision of cleaning services through Cleaners, with whom they conclude a Contract for Work in the agreed scope.
1.3 Cleaner:
Cleaner means a legal or self-employed natural person who, as a contractual partner of Anna, is interested in concluding a Contract for Work with the Service User, the subject of which is the provision of cleaning services.
1.4 Provision of Cleaning Services:
Order for Cleaning Services means an order placed by the Service User and confirmed by Anna, which entails the obligation of Anna to provide, without any consideration from the Service User, cleaning services through a Cleaner in the agreed scope. By confirming the Order, the Service User instructs Anna to connect with a Cleaner who will accept the conditions (in particular, the location, scope, frequency, and price) of the cleaning specified in the Order for cleaning services.
1.5 Contract for Work:
Contract for Work means an agreement concluded between Service of User and the Cleaner, the subject of which is the obligation of the Cleaner to provide cleaning services to Service User in the agreed scope and for the agreed price.
1.6 Service Provision Area:
This concerns the premises specified in Article II of Section 1 of the Order for Cleaning Services
1.7 Communication between the Parties:
Communication between the parties in the provision of cleaning services is conducted through the contact information provided by the Service User in the Order, and in the case of Anna, on the company's website. In the event of a change in the person representing the Service User who entered into the Order for Cleaning Services with Anna, the Service User is obliged to immediately notify Anna of this fact.
2. Order for Cleaning Services
2.1 The content of the Order for Cleaning Services includes, in particular, the specification of the frequency and scope of cleaning that the Service User is interested in, the price for these services, and the period for which the services will be provided.
2.2 Provision of cleaning services is arranged for the period specified in the Order.
2.3 The validity of the obligation to provide cleaning services expires by termination defined in Section 2.4 of Article 2 of these Terms and Conditions and in other cases specified by these Terms and Conditions or by law.
2.4 For cleaning services agreed for an indefinite period, a notice period of 14 days applies. The notice period begins to run from the notification of termination to the current contact email on the Anna company's website.
3. Frequency and the scope of the cleaning:
3.1 The exact specification of the ordered services is determined in Section 4 of Article II of the Order of Cleaning Services.
3.2 When ordering the window cleaning and polishing service, washing of window frames and lighting fixtures, the price includes washing up to a height of 2.5 m, but not any high-altitude work. Anna is not responsible for cleaning the inner panes of so-called double or screw-on windows and lighting fixtures that are attached to each other by a screw. The cleaning of these inner panes is the responsibility of the Service User.
3.3 The cleaning provided is carried out at the Service Provision Area specified in the order of cleaning services.
3.4 The price of cleaning includes standard cleaning with standard cleaning products. If special products are needed, the Service User will provide them at their own expense. If special equipment is needed, such equipment will be provided by the Service User at their own expense (e.g. ladder, telescopic pole, vacuum cleaner, scrubbing brush, etc.). The Service User Service User will provide hygiene products and other toiletries that the Cleaner will replenish or use in the Service Provision Areas (if specified in the Order of cleaning services) at their own expense (e.g. toilet paper, paper towels, dishwasher capsules, dish sponges, etc.).
3.5 Cleaning services are provided only in cases where there is no reconstruction, repairs, or any activities that increase the usual dirtiness of the premises where the services are provided. The order does not include cleaning after construction or painting, cleaning excrement, spilled paint and varnish, graffiti removal, cleaning feces, vomit, clearing non-standard waste, or other dirt that does not arise from the normal use of the Service Provision Area. These or any other services will be ordered and invoiced separately beyond the scope of the Order. If special cleaning is not ordered, the Service User undertakes to perform cleaning at their own expense after these unusual activities and no later than before the usual time of providing the services by the Cleaner.
3.6 The Service User undertakes to report reconstruction in the premises if the reconstruction requires a temporary interruption of cleaning and other long-term interruption of cleaning (for a period of at least 14 days). The reconstruction must be reported at least 1 month in advance. Unless those requirements are fulfilled, the Cleaner has the right to be payed full monthly flat rate for the cleanings which were scheduled.
4. Price
4.1 The price for cleaning service is stated in the Order for cleaning service.
4.2 The price for cleaning services will regularly be increased once a year by the so-called wage inflation, which is determined as the higher of the following options: a) the annual percentage increase in the minimum wage set by the government regulation, or b) the percentage increase in the average wage determined by the Central Statistics Office. These economic indicators are decisive for persons providing their services in the field of cleaning. The proposed price for both parties is then a recommended value that should facilitate communication between a potential Service User and a Cleaner willing to provide the service under these conditions. In exceptional circumstances, it may be possible to increase the price more frequently.
4.3 Anna agrees to inform the Service User about this change in writing to the contact email specified in the Order of cleaning services. If the Service User does not terminate the subscription to the cleaning services within 14 days from the notification of the increase in the price of cleaning services by a notice according to section 2.4 of these conditions, the Cleaner and the Service User agree that they accept the increased price.
4.4 The price is due by the 15th day of the respective month in which the cleaning is to be provided by the Service User to the bank account specified in the Order for Cleaning Service. The price for the services provided by Anna will be mediated by Anna as a payment collection representative on behalf of the Cleaner.
4.5 In case of an overpayment, but not only due to a complaint or discount provided, the Service User has the right to its refund within 30 days from the day Anna confirmed the existence of the overpayment via email.
5. Conclusion of a Contract for Work
5.1 The conclusion of the Contract for Work occurs when the Service User enables the Cleaner to access the Service Provision Area, in particular by handing over keys or access codes to the entrance doors and further by handing over keys to the cleaning room, or the room in which the Cleaner will have access to water and the possibility of storing cleaning chemicals and instruments for the performance of their work.
5.2 By concluding the Contract for Work, the Cleaner undertakes to provide the Service User with cleaning services to the extent and under the conditions specified in the Order of Cleaning Services and in these General Terms and Conditions, in particular in Article 6.
5.3 Anna reserves the right to provide a new Cleaner in the event of the Service User terminating the Contract for Work, or in the event that the Cleaner is unable to fulfill the Contract for Work.
6. Other conditions of the Contract for Work
Beyond the provisions set forth in these Terms&Conditions and in the Order For Cleaning Services, the following conditions for the provision of cleaning services by the Cleaner to the Service User are agreed upon:
6.1 The Service User has the right to proper and on-time cleaning performed in the agreed scope.
6.2 The Cleaner is obliged to perform cleaning services with professional care, using methods and technological procedures ensuring compliance with the quality of cleaning work set out in generally binding legal regulations or technical standards, and if there are none, in the quality necessary for the proper performance of activities carried out in the Service Provision Area.
6.3 The Cleaner is obliged to use high-quality cleaning, disinfecting, and cleaning agents and tools when providing cleaning services.
6.4 The Cleaner is obliged to inform the Service User of the completion of the cleaning, by signing the cleaning schedule.
6.5 The Cleaner is authorized to perform cleaning at any agreed time or any day, and for the duration specified, she has the right of access to the Service Provision Area. Service user can make a request for a specific day and time of cleaning. At the agreed time, the Service User orders the capacity of the Cleaner, for which he pays the agreed flat rate monthly. This also applies in cases where the Service User makes an extraordinary request to cancel cleaning (e.g. on a public holiday, in the absence of people in the premises, etc.).
6.6 The Service User undertakes to provide the Cleaner with the necessary cooperation arising from contractual agreements or reasonably requested by the Cleaner, in particular:
- to hand over keys or access codes to the Service Provision Area where the cleaning service is to be performed.
- to ensure that the Cleaner has access to the water supply during the cleaning and, at their own expense, to supply the Cleaner with water, and to allow the Cleaner to use a place for the disposal of used water. If access to the water supply is not ensured, the Cleaner will perform the cleaning to the extent permitted by the circumstances.
- to provide the Cleaner with a lockable room or cabinet.
- to perform cleaning independently in case of unusual activities pursuant to Section 3.5 of Article 3 of these Terms & Conditions, if the Service User does not order the special cleaning from the Cleaner through the company Anna
- to ensure that the Service Provision Area is accessible for cleaning and suitable for cleaning, especially cleared of all items and electronic devices (e.g., laptops, etc.) that hinder or may hinder the cleaning. The Cleaner is not obliged to remove these items and electronic devices for the proper performance of her work. If these items and electronic devices are not removed, the Cleaner is not obliged or authorized to remove them and perform cleaning under them, and at the same time, the Cleaner is not liable for defects in the work caused by the non-removal of these items. Anna assumes no responsibility for these things or for any damage caused to them.
- to refrain from anything that would obstruct the cleaning.
the Service User undertakes to inspect and check the cleaning without undue delay after it has been performed.
- to ensure compliance with the above obligations also by the users of the premises where the service is provided.
6.7 In case of delay by the Service User with payment for the confirmed Order (i.e. remuneration for the cleaning performed), the Service User undertakes to pay to the Cleaner a contractual penalty in the amount of 0.05% of the overdue amount for each, even commenced day of delay. The Service User undertakes to pay Anna a fee for issuing each individual reminder for a properly unpaid invoice. The fee is set at EUR 20 for each individual reminder.
6.8 The Service User is responsible, among other things, for the faultless condition of their own electrical and gas appliances and equipment (e.g. dishwasher, refrigerator, etc.) that are used as part of the ordered services. In particular, the Service User ensures regular inspections of these electrical and gas appliances. The responsible person for the Service User shall always inform the Cleaner about the instructions for using these individual electrical and gas appliances and equipment. The cleaning of electrical equipment is proportional to the agreed frequency and corresponds to the standard of normal cleaning.
6.9 The Service User acknowledges and agrees that they will not enter into any other contractual relationship with the Cleaner whose subject matter is the provision of cleaning services without the knowledge of Anna, which would be contrary to the interests of Anna and which would cause any damage to Anna, both for the duration of the Order for Cleaning Services and for a period of 1 year after the termination of the order without the prior written consent of Anna. Violation of this provision is a reason for the enforcement of a claim for compensation for any damages by Anna.
6.10 Assignment of claims under Section 1887 of the Civil Code of Czech Republic:
In the event that the Service User fails to fully pay the Customer the price for the work under the Contract of Work concluded between the Service User and the Customer in connection with the use of Anna services, and that within 5 days from the due date of the price for the work, the Customer shall assign the following claims against Anna by the expiration of this period:
a) the entire claim with accessories consisting of the right to payment of the price for the work, which the Service User is obliged to pay to the Customer on the basis of the Contract of Work concluded between the Service User and the Customer in connection with the use of Anna services;
b) the entire claim with accessories consisting of the right to payment of contractual penalty, which the Service User is obliged to pay to the Customer in the amount of 0.05% of the outstanding amount for the price for the work for each, even partial, day of delay with payment of the price for the work on the basis of the Contract of Work concluded between the Service User and the Customer in connection with the use of Anna services.
Under these conditions, the Customer assigns to Anna specified claims relating to all future Work Contracts concluded with Service Users in connection with the use of Anna services. Anna accepts these future claims under these conditions.
7. Monitoring the performance of cleaning services and handling complaints
7.1 Given the nature of the work performed, the Service User is entitled to report any defects in the work carried out by the Cleaner immediately upon discovery, but no later than 24 hours after the cleaning has been completed, by sending the reported defects to the email address specified on the Anna company's website, with a requirement to describe specific defects of the cleaning services.
7.2 If the service is not complained about in the manner described in the above paragraph, it shall be deemed to have been properly performed in accordance with the Order for Cleaning Services.
7.3 Anna undertakes to address a legitimate complaint from the Service User without delay, by ensuring the provision of a replacement cleaning service, which will be carried out no later than one working day from the receipt of the complaint, and will be provided free of charge.
7.4 In the case of the second legitimate complaint within a consecutive 30-day period, in addition to the right to provide a free replacement cleaning service under Section 7.3 of Article 7 of these Terms and Conditions, the Service User has the right to receive a discount in the form of free cleaning services for the immediate following cleaning.
7.5 In the case of the third legitimate complaint within a consecutive 30-day period, in addition to the right to provide a free replacement cleaning service under Section 7.3 of Article 7 of these Terms and Conditions, the Service User has the right to terminate the Contract for Work with the Cleaner and to request another Cleaner from Anna.
7.6 If the Cleaner causes damage to the Service User by breaching her contractual obligations, the Service User is entitled to compensation. The Cleaner is obliged to have an insurance policy in place for this purpose. It is the Cleaner's responsibility to deal with the insurance event at her own expense. Anna undertakes to provide reasonable cooperation, such as providing contact details, etc.
8. Assessment of cleaning services
8.1 From time to time, Anna requests the Service User to provide a rating of the cleaning services provided by the Cleaner, and they may also provide an optional comment or feedback regarding the cleaning services through Anna technological platform. We value your feedback as it helps us improve the quality of our services.
9. Personal data protection
9.1 The Service User grants their consent to the processing of their personal data provided to Adam under Section 5(2)(b) of Act No. 110/2019 Sb., on personal data protection. Processing of the personal data is necessary for the performance of the Order of cleaning services.
9.2 The personal data of the Service User will be processed only for the duration of the cleaning services provision and solely for the purpose of fulfilling the Order.
9.3 Anna informs the Service User of the right to access their personal data and the right to correct their personal data. If the Service User becomes aware of or suspects that Anna is processing their personal data in a manner that is contrary to the protection of their privacy or personal life or in violation of the law, especially if the personal data are inaccurate with regard to the purpose of their processing, the Service User has the right to request an explanation from Anna, demand that the situation be remedied, including the blocking of the provided personal data, correction, completion, or disposal of the data.
9.4 The Service User hereby gives explicit consent to Anna for sending commercial communications related to its services to the electronic address. Anna informs the Service User that the consent to such use of their electronic contact can be revoked at any time.
10. Common and Final Provisions
10.1 These Terms and Conditions apply subsidiarily to individual Contracts of Work and Orders for cleaning services.
10.2 The Service User gives his express prior consent in the sense of Section 1897, Paragraph 1, Second Sentence of the Civil Code of Czech Republic for the company Anna to assign the rights arising from the Order he has chosen to a third party, provided that he simultaneously transfers the obligations arising from this Order to the same person. If necessary, the Service User undertakes to give consent pursuant to the first sentence of this paragraph in the relevant form also in relation to the third party chosen by Anna.
10.3 By confirming the Order for cleaning services, the Service User confirms that they have read and agree to these Terms and Conditions.
10.4 Governing law. These Terms and conditions shall be governed by the laws of the Czech Republic.
10.5 These Terms and Conditions come into effect on October 13, 2023.