General terms and conditions
General Terms and Conditions
These General Terms and Conditions ("General Terms") apply between Freska Finland OY (hereafter referred as the “Company”, "Freska" or "Service Provider") and all of their subsidiaries, including Freska Norway AS organization number 916035659 at Dronningens gate 13, 0152 Oslo, and Freska’s customers, both private and business customers (hereafter referred collectively as “Customer"). These General Terms and Conditions enter into force on 21.04.2023 and are available on the Freska's website www.freska.no. These General Terms and Conditions were updated 14.04.2023.
-
Subject matter and purpose of the terms
The purpose of these General Terms is to determine the terms and conditions under which Company will provide Customer with a professional cleaning service.
1.1 About the Company
The Company offers home and office cleaning ("Service") to Customer. The agreement on the service ("Agreement") consists of (i) these General Terms, (ii) the specific terms and conditions of the Service regarding prices, scope and other terms agreed between the Customer and the Company ("Specific Terms"); and (iii) at any time applicable price list. In the event of any discrepancy between these General Terms and any of the above documents, the terms of these General Terms shall prevail. The above appendices prevail in their descending numerical order, unless otherwise expressly provided in the relevant appendix. Company reserves the right to change these General Terms. Changes will be notified to the Customer 7 days prior to the entry into force of the amended General Terms. Should Customer not accept such a change, Customer shall be entitled to terminate the Agreement upon entry into force of the change, subject to providing Company with no less than 5 days’ written notice before the change becomes effective.
1.2 About the Service
When a binding agreement exists between the Customer and the Company, the Company shall ensure that the Service is conducted in accordance with the Agreement. The Company is committed to ensuring that the Service is performed in a professional manner. For the purpose of carrying out the Service, the Company may use a cooperative partner (“Contracted Cleaner”). The required equipment, tools and cleaning detergents, which must be provided by the Customer, are advised in detail in the booking process and also in the booking confirmation for the Customer. The Customer must provide for the Company the necessary information about the above items in premises, so that the Service can be performed efficiently and to ensure the availability of the necessary equipment, tools and supplies. If the Customer has chosen the Service to be performed by means of the tools and supplies provided by the Customer, then the Customer will ensure the cleaner's access to the said supplies.
-
Service order and cancellation
The Customer is bound to the Service and the Agreement when the relevant order is sent to the Company via the Website or paid to the Company's representative. The Agreement between the Customer and the Company is considered to be entered into when the Company has confirmed the Customer's order by email. Upon entering into the Agreement, the Company reserves the right to collect standard credit information about the Customer.
Customers have the right to cancel individual Services up to five (5) days before the start time of the Service without a fee (defined later in the text) being charged to the Customer. For cancellations made less than five (5) days before the agreed start time of the Service, the Customer will not receive a refund. Changes and cancellations of individual Services can be made directly in the app.
In the event of the Customer's absence or if the Company's Cleaners do not have access to the agreed premises at the scheduled time, this is considered as cancellation less than 5 days before the agreed start time of the Service.
Changing the agreed time for a Service is not possible less than 5 days before the start time. If a Customer wishes to change the agreed time less than 5 days before, a new separate Service will be scheduled. Cancellation rules apply to postponed Services.
-
Termination
Termination of subscription agreements must be made by contacting the Company directly by phone. Email and other written communication methods will not be valid for termination or cancellation of subscription agreements.
If the Service cannot be charged to the Customer in advance, the Company reserves the right to perform the Service as planned, but will invoice the Customer afterwards.
Subscription agreements are terminated by the Customer and in accordance with the agreed terms with the Customer. In addition to the above cancellation terms, there is no notice period. Termination of the subscription agreement must be made by contacting the Company directly by phone. Email and other written communication methods will not be valid for termination of the subscription agreement.
The Customer has the right to terminate the Agreement immediately if the Company does not deliver the Services in accordance with the Agreement.
The Company has the right to terminate the Agreement if the Customer does not comply with the obligations of the Agreement and does not comply with them immediately after the Company has requested it. The Company has the right to terminate the Agreement with immediate effect by written notice to the Customer if the Customer materially breaches the Agreement, or if it becomes clear that the Agreement will be materially breached by the Customer in the near future. In addition, unless otherwise agreed in writing, the Company reserves the right to terminate the Agreement and terminate its Service offering at its discretion with no less than 14 days' written notice to the Customer.
The Agreement shall also be terminated immediately if the Company does not make its ordinary charge to the Customer before the Service is delivered.
In such situations, the Company is obliged to inform the Customer that the Agreement terminates immediately.
In cases where the Customer is a consumer under local law, the Customer has the right to terminate the Agreement within 14 days of entering into the Agreement (right of withdrawal). The Customer acknowledges that if the Customer wishes the Service to start before the cancellation period expires, the right of withdrawal cannot be exercised after the Service has been delivered. If the Customer wishes to exercise the right of withdrawal, the Customer must send a clear message to the Company that he or she will exercise the right of withdrawal (for example, a letter sent by post or email). The Company's contact information is shown above.
If the customer withdraws from the Agreement, the Company will refund all payments received from the customer, including supply costs. The refund will take place without undue delay and in any case no later than fourteen (14) days from the date on which the Company was informed of the customer's decision to withdraw from the Agreement. The Company will use the same payment method for the refund as the customer used for the initial payment, unless the customer has expressly agreed otherwise with the Company.
-
Promotions
Promotional prices may be subject to separate and limited conditions. If conditions are not met, the Company reserves the right to charge the Customer for the amount corresponding to the discount given in connection with the promotion.
-
Confidentiality
All Company employees and Contracted Cleaners have written a confidentiality agreement that does not allow them to disclose any information about the Customer or his/her/its personal circumstances that they have been aware of. Company will not disclose Customer information to any third parties, except those partners whose contribution to the provision of the Service is indispensable. Notwithstanding the foregoing, Company shall be entitled to disclose Customer contact information, where such disclosure is required pursuant to law, decree or order issued by competent authorities.
-
Privacy
Personal data about Customers is processed in accordance with the local legislation and it is processed in accordance with the Company's privacy and cookies policy published at https://www.freska.no/personvernerklaering.
-
Payment and payment terms
The fee for the Service ("Fee") is calculated upon ordering on the basis of information from the Customer. If it appears that the Customer's data, on which the calculation of the Fee is based, is in some way incorrect (e.g. the incorrect details of the size of the housing or premises have been stated), the Fee will be adjusted by mutual agreement between the Company and the Customer in accordance with the applicable price list for Services with equivalent scope ("Adjusted Fee").
-
Prices and billing
The prices of the Services are in accordance with the valid price list as listed on the Company website unless otherwise has been agreed in the Specific terms between the Customer and the Company. Customer agrees to pricing when accepting the terms of subscription and by paying for the Service for the first time. The prices include a value-added tax in accordance with the current VAT rate. With one-off cleanings, the client pays the cleaning upon ordering. Regular cleaning is charged not earlier than ten (10) days prior to Service delivery from the Customer's credit card but the policy may differ per country and can be found on the FAQ section on the Company’s website.
Company reserves the right to change prices. Any change in the price list will be notified to the Customer in writing 7 days before the introduction of new prices.
Company undertakes to return the full amount of the price paid to the Customer for undone services if Company is unable to deliver the Service ordered.
When ordering a subscription agreement, the Company charges Customers’ credit card at the time of order for the execution of the Service at one time. Thereafter, Customer is charged prior to the next execution of the Service. In the event of an agreement that the Service is to be performed at one time, the Customer credit card is charged at the time of purchase. Customer is charged the difference between the Fee and Adjusted Fee in retrospect.
If the Customer’s credit card payment is not successful for any reason at time of debit, the Company will attempt to charge the card repeatedly until succeeded or the cancellation policy will enter into force. If the payment is not successful by the second attempt, the Company will contact the Customer. If the Company collaboration with the Customer does not resolve the charging issue, the Company has the right to cancel the Service.
-
Customer involvement
The Customer shall contribute to the performance of the Service. Customer shall upon the request provide details of particular circumstances that the Company has to take into account in the performance of the Service. In order for the Service to be performed, Customers must, to a reasonable extent, discard loose items before performing the Service and the premises to be cleaned must not be in worse condition than normal use of a premises.
Customers shall ensure that cleaners have access to the property from the first day of Service until the final date, in accordance with the Agreement with the Company. If there is a alarm system in the premises, the Customer shall inform the Company and the cleaners of its existence before the first day of the Service and shall instruct the cleaners, how to use the system. If the Customer does not instruct the usage of the alarm system and cleaners accidentally cause the alarm, the Customer is responsible of such consequences and related costs.
Our cleaners are trained professionals and act accordingly when providing the Service for the Customer. Our cleaners will execute the service within the time period agreed between the Customer and the Company.
Customers are responsible for the cleaners having access to hot and cold water as well as working electrical outlets during the performance of the Service. The cleaner should also be entitled to use the Customer’s toilet facilities if needed for the work environment reasons.
Customers shall ensure that there are no conditions or loose pets in the property or premises that endanger the performance of the Service or the cleaners. Cleaners have the right to cancel the performance of the Service if he or she has reasonable reason to believe that the performance poses danger for health, safety and the environment. If the Service cannot be performed and it is due to Customer, the Company will charge the Customer for the costs incurred by the Company in connection with this.
For a cleaner's annual leave and any sick leave, the Company will try to arrange a substitute for her or him and contacts the Customer promptly for agreeing the suitable solution. Delayed execution of the Service due to a cleaner becoming sick this does not count as delay according to section 10 below. Company will arrange a separate Service in this case by agreeing it mutually with the Customer.
Breaks
Selskapet forbeholder seg retten å bruke Kundens bolig som passende pauserom i de tilfeller der renholders totale arbeidstid gjør at den har krav på dette.
-
Complaints, delays and shortcomings
a) Complaints
Any complaints may be directed without undue delay are made in written form to the Company’s physical address OR the company’s digital channels such as email or the Freska mobile application. The same applies to suspicion of theft. Customer has to provide necessary details and evidence (e.g. pictures) of the damages or underperformed service. Customer is entitled to complain within reasonable time or latest 48 hours after the service execution in written form to the Company’s physical address OR the company’s digital channels such as email or the Freska mobile application.
b) Reclamations
An error exists if the Service is not performed according to what the Customer is entitled to expect from the professional cleaning service and what is otherwise agreed. There is no error, however, if the deviation is due to circumstance from the Customer side, including but not limited to the lack of involvement of Customer. If Customer wishes to claim that the Service is incorrect, Customer shall notify the Company within a reasonable time or at latest 48 hours after the Customer noticed or should have noticed the error (complaint). In the event of a fault, Customer may require remedies, deductions or cancellation. If there is an error, the Company is entitled to rectify the defect if it can be done within a reasonable time and resources. The Company is solely responsible for this. If the Company is unable to remedy the deficiency, the Company may provide a proportionate price deduction on the next Service. If it appears that there is no error in the performance of the Service, Customer may be required to pay the related Company costs.
c) Delay
Delay occurs if the Service is not performed within the time period agreed between the Customer and the Company. Delay is not evident, if it is due to circumstances from the Customer’s side, including but not limited to Customers' lack of involvement.
In the case of delay, Customer may require the Service to be performed later or demand the termination of the Agreement and related compensation. Customer may terminate the Agreement if the consequences of the delay is of essential importance for the Customer. A Customer, who requires the performance the Service regardless of the delay, may not terminate the Agreement, if the Service is performed within a reasonable means or within the time limit set by the Customer. If prior to execution or before completion of the Service, it is clear that the Service will not be executed without delay giving to the Customer right to terminate the Agreement, Customer may terminate the Agreement prior to completion.
-
Ansvarsbegrensning
Kunden kan kreve erstatning for økonomisk tap grunnet Selskapets mislighold av Tjenesten. Dette gjelder imidlertid ikke i den grad det godtgjøres at tapet skyldes hindring utenfor Selskapets kontroll og som Selskapet ikke med rimelighet kunne ventes å ta hensyn til under Avtalens løpetid eller å unngå eller overvinne følgene av.
For skade på annet enn gjenstander og eiendom som Tjenesten gjelder eller på noe annet enn noe som er nært knyttet til Tjenesten, kan Kunden kreve erstatning dersom Kunden kan påvise at et slikt tap skyldtes feil eller forsømmelse fra Selskapets side. Det samme gjelder for gjenstander og eiendom som er skadet i Selskapets varetekt eller på annen måte under Selskapets kontroll. For tap eller annet i forbindelse med Tjenesten, som ikke er en konsekvens av forsinkelser eller feil, er Selskapet ansvarlig når tapet skyldes feil eller forsømmelse fra Selskapets side.
Selskapet vil for egen bekostning skaffe og opprettholde en tilstrekkelig bedriftsansvarsforsikring fra et anerkjent forsikringsselskap som dekker Selskapets forpliktelser i henhold til denne Avtalen i Avtalens løpetid. Selskapets samlede kumulative ansvar i henhold til denne Avtalen eller når Tjenesten utføres, uansett om det er under kontrakt, deliktserstatning eller annet, skal være begrenset til krav som dekkes av en slik ansvarsforsikring.
-
Force Majeure
Force Majeure event means any failure by a party to perform its obligations under this Agreement caused by an impediment beyond its control, which it could not have taken into account at the time of conclusion of the Agreement, and the consequences of which it could not reasonably have been avoided or overcome.
The Company is not responsible for cases of delay or circumstance where we cannot deliver due to force majeure. For example, strikes, insurgency, natural disasters, power outage or no telephone coverage.
-
Interpretation
These General Terms and related Agreement(s) are interpreted, construed and governed exclusively in accordance with the laws of Finland/Swedish/Norwegian law, without reference to its choice of law rules.
-
Resolving conflicts
The parties shall primarily attempt to resolve any dispute, controversy or claim under or in relation to these General Terms and related Agreement(s) through amicable negotiations. Should the parties fail to settle the dispute or claim, either party shall be entitled to initiate legal proceedings as set forth below for final resolution of the dispute. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be resolved by amicable settlement in a court-annexed mediation procedure at the district court of Helsinki, Finland/Stockholm, Sverige/Oslo, Norway.