GES reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. YOU AGREE TO BE BOUND BY THESE TERMS.
1. USE OF OUR SERVICE
You may use the Service only if you can form a binding contract with GES, and only in compliance with this Agreement and all applicable laws in the Philippines. Any use of the Service by anyone under eighteen (18) years of age is strictly prohibited and in violation of this Agreement.
If you are using the Service on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative with the authority to bind such organization to the Terms, and agree to be bound by the Terms on behalf of such organization.
B. Cleaning Services
GES’ obligations: As part of our Service, you may order, and our representatives may provide, cleaning Services of the area/s to be serviced (“Subject Area”). GES uses reasonable efforts to ensure that the cleaning will be provided in a professional and satisfactory manner. You understand and agree, however, that GES does not guarantee that your cleaning will be performed to your satisfaction, that it will meet your needs, or that it will meet any applicable industry or professional standards. You hereby acknowledge and agree that GES’ total liability to you for any actual or alleged damages arising out of or related to this Agreement (including, without limitation, actual or alleged damages to the Subject Area resulting from a cleaning performed by GES’ representatives or your interactions with a GES’ representative) will be as is set forth in the Limitation of Liability section below.
Your obligations: If you choose to make a reservation for a cleaning Service, then you must:
Provide the true and correct area of the Subject Area;
Arrange necessary and required permits (e.g. working permit) from the building management in advance to ensure the GES representative is allowed to enter the building and perform the Services;
Ensure that on the day of the scheduled cleaning, an authorized representative of your company must be present during the Service. If you or an authorized representative of your company is not there when our cleaners arrive, your deposit is deemed waived. If our cleaners cannot enter the building or have no access to the Subject Area, you cannot reschedule the Service and your payment will be forfeited;
Ensure that the area to be serviced is accessible and cleared from furniture, objects, clutter, and compartments are locked and or closed;
Ensure that electricity, water, and other facilities required are available to our cleaners free of charge. Should there be no electricity or water access due to brown out or black out or other circumstances, GES shall have the right to refuse rendering the full Service. GES is not responsible for any damages that might occur to electrical wirings, breakers, choked-up drainpipes or any other related damages;
Remove from plain sight and/or secure all valuables in the Subject Area before our representative arrives to service the area; and,
Ensure an authorized representative of your company is present for the handover after completion of the Service.
Failure to adhere to your obligations hereunder may result in our inability to provide you with cleaning Services. Furthermore, any injury sustained by our cleaners such as medical expenses and other expenses shall be shouldered by you. In no event will GES be liable to you or any third party for any alleged or actual damages or losses resulting directly or indirectly from your failure to adhere to your obligations under this Agreement.
Whenever deemed necessary, an ocular survey of the Subject Area shall be made by a GES representative. Prior to the commencement and upon the completion of every cleaning Service, you or an authorized representative of your company shall sign in acknowledgement a pre- and post-cleaning survey concerning the condition of the area to be serviced given by GES cleaners. Any theft, loss, or damage to property within the Subject Area must be reported to us immediately after completion of the cleaning Service to determine the best course of action. In case of damage, theft or loss, a report shall be conducted and acknowledged from GES and the client. The burden of proof rests on the client. The limited liability of GES is enclosed under Item 15 of this Agreement.
Should you be unsatisfied or have any concerns regarding our Service, you may contact us at email@example.com not later than twelve (12) hours from the Service. Our representative will assess the Subject Area and if justified, we will re-clean the area free of charge.
Finally, under any circumstance, you are not allowed to hire past or present cleaners within one (1) year from the date of termination of employment of the cleaner. In the event that you are found to have hired any of our cleaners in contradiction to the Agreement, you must pay a fee of Fifty Thousand Philippine Pesos (PhP50,000.00) and your payment will be forfeited as the case may be.
C. Scope of Services
The scope of our cleaning Services depends on the package you have chosen. It is expressly agreed and understood that we will not render any other Service except those included in your package. Should you wish to avail of additional or extra Services, you may book another cleaning appointment with us.
D. Online and Mobile Service Rules
Acceptable use of the online and mobile Service. You agree not to engage in any of the following prohibited activities:
Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the GES servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that GES grants the operators of public search engines revocable permission to use spiders to copy materials from the GES Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
Transmitting spam, chain letters, or other unsolicited email;
Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
Uploading invalid data, viruses, worms, or other software agents through the Service;
Collecting or harvesting any personally identifiable and company information, including account names, from the Service;
Using the Service for any commercial solicitation purposes;
Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
Interfering with the proper working of the Service;
Accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
Bypassing the measures, we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Changes to the Service. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
2. OUR PROPRIETARY RIGHTS
GES alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by GES. GES’ name, logo, and the product names associated with the Software and Service are trademarks of GES or third parties, and no right or license is granted to use them.
3. PAID SERVICES
A. Billing Policies
Upon signing of the contract, a fifty percent (50%) down payment is required. Balance shall be payable upon completion of the service within seven (7) working days.
Quoted rates are valid 15 days from receipt of the quotation. Thereafter they are subject to our written confirmation. All prices are inclusive of VAT. Payments can be made through bank deposit, check payment, or in cash.
B. Misrepresentation and Non-Disclosure
The price of the cleaning Service is based on the information you have inputted in the form. Thus, you agree that all information you have given to us is true and correct. Any fraudulent or negligent misrepresentation or failure to disclose other material information with respect to the objects, materials or area to be serviced may affect the cleaning Service and result to the forfeiture of your payment.
C. Rescheduling and Cancellation Policy
In the event you need to reschedule your service appointment, notice must be given in written to us at least forty-eight (48) hours prior to your assigned schedule. Rescheduling of your Service is solely dependent on the obligingness of the Company. You have no entitlement to reschedule your Service. Failure to give us a forty-eight (48) hour notice will always result to the forfeiture of your payment.
A cancellation of your service appointment will always result to the forfeiture of your payment.
D. Termination and Rescheduling
We reserve the right to terminate this Agreement upon notice to you at least forty-eight (48) hours prior to the date of the scheduled appointment and your payment shall be refunded.
In case of non-regular holiday announcement, we reserve the right to reschedule or cancel your booking and your payment shall be refunded.
Our cleaners will arrive anytime during your assigned time slot and will immediately commence cleaning the Subject Area. The duration of the cleaning Service will depend on the circumstances of the area to be serviced. Cleaning shall start but need not be completed within the booked time slot.
GES cannot be sued to any other charges or compensations due to delays or any other inconvenience that might be a result of it.
In case of force majeure (typhoon, flooding, earthquake, volcano eruption, riots, etc.), we reserve the right to reschedule or cancel your booking and your payment shall be refunded. Further, we reserve the right to reschedule or cancel your booking and your payment shall be refunded in case weather conditions are not suitable for outdoor Services.
E. Payment Information and Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
You may provide GES with information and feedback regarding the features and performance of the Service, including reports of failures, errors, or other malfunctions you encounter on the Service along with any associated error messages (the “Feedback”). Feedback provided to GES may be used by us to improve the Service, and accordingly, you hereby grant GES a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such feedback without restriction.
GES cares about the integrity and security of your company’s information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your company’s information for improper purposes. You acknowledge that you provide your company’s information at your own risk.
7. MODIFICATION OF TERMS
8. COMPANY PROPERTY
Your rights with respect to the Service are limited to those rights expressly granted in the Terms of Service. You acknowledge and agree that GES and its licensors own all right, title, and interest in and to the Service, including all intellectual property rights therein, even if GES or its licensors incorporate any materials provided or made available by you into subsequent versions of the Service. The Service is protected by copyright, trademark, trade secret, and other laws of the Philippines. Except as expressly permitted in the Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or exploit any portion of the Service, including without limitation any information provided through the Service.
The content of the Service includes copyrighted materials, trademarks, trade secrets, and other proprietary information, which may include, without limitation, personal and company information of Users, text, software, photos, video, audio visual recordings, graphics, music and sound. The entire contents of the Service and subsets thereof are also protected by copyright as collective works. GES owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to GES. You may not create a database or other archival collection in electronic or physical form by downloading and storing, transcribing, or otherwise utilizing by any manual or automated means, any materials contained on the Service.
9. THIRD-PARTY LINKS
10. TERMINATION OF USE, DISCONTINUATION, AND MODIFICATION OF THE SERVICE
If you violate any of the Terms of Service, your permission to use the Service will automatically terminate. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Service.
For any reason or no reason at all;
Where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of GES or any third party; or
In connection with any general discontinuation of the Service.
We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or revocation of your access to or use of the Service.
You agree to defend, indemnify and hold harmless GES and its agents, licensors, managers, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
Your use of and access to the Service, including any cleaning Services received by you and performed by GES representatives;
Any alleged or actual loss or damage to property within the Subject Area, resulting from the performance of the Services hereunder (including the cleaning Services);
Your violation of any term of this Agreement, including without limitation your breach of any of the obligations, representations and warranties above;
Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights;
Your violation of any applicable law, rule or regulation; and,
12. NO WARRANTY
To the maximum extent permitted by applicable law, GES does not warrant, endorse, guarantee, or assume responsibility for the Services hereunder, including the cleaning Services performed by GES’ representatives, or any losses or damages that may result therefrom. The Service, including our cleanings, are provided to you on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties or any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, workmanlike quality, or non-infringement. Without limiting the foregoing, GES, its subsidiaries, and its licensors do not warrant that the Service is accurate, reliable or correct; that the Service will meet your requirement; or at that the Service will be available at any particular time or location, uninterrupted or secure.
When you use the Service to request and have a cleaner perform a job, you understand and acknowledge that no cleaner has authority to make any changes to these Terms, and that any statements, representations, or warranties made by a cleaner or any third party are disclaimed by GES and do not expand or otherwise modify these Terms. With the exception of the fact that GES interview and runs background checks based on the identification information provided by each cleaner, the Company makes no representation or warranty regarding the quality, reliability, safety, completeness, fitness, or nature of any Services provided by a cleaner.
13. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall GES, its agents, directors, employees, representatives, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the Service, including the cleanings performed by GES’ representatives.
To the maximum extent permitted by applicable law, GES assumes no liability or responsibility for any of the following:
Errors, mistakes, or inaccuracies of content;
Personal injury or damage to property within the Subject Area, of any nature whatsoever, resulting from our Service, including the cleaning Services performed by our representatives;
The act or omissions of our employees, contractors, or representatives performing Services on our behalf;
Any theft, loss, or damage to the property within the Subject Area that may or not have occurred during the performance of our Service;
Violation of privacy of clients and/or guests including but not limited to taking photos, recording audio or videos of clients, guests, and/or the Subject Area and posting/sharing the same in the Internet or using it for private interests;
Unlawful or discriminatory posts, tags and/or comments from GES representatives in Facebook, Twitter, Instagram, or other similar websites;
Any unauthorized access to or use of our secure servers and/or any and all company information stored therein;
Any delay in the Services, including a delay of GES’ representatives in performing cleanings;
The failure of GES’ representatives to perform the cleaning Services;
Any errors or omission in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
User content or the defamatory, offensive, or illegal conduct of any third party.
The Service is controlled and operated from its facilities in the Philippines. GES makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Philippine and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the Philippines, or are a foreign person or entity blocked or denied by the Philippines government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the Philippines.
14. DISPUTE RESOLUTION AND ARBITRATION
Generally, in the interest of resolving disputes between you and GES in the most expedient and cost-effective manner, you and GES agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms.
Notwithstanding subsection (A), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to:
Bring an individual action in small claims court;
Pursue enforcement actions through applicable courts or government agencies where such actions are available;
Seek injunctive relief in a court of law; or
To file suit in a court of law to address intellectual property infringement claims.
In case of arbitration, the parties may choose to submit their dispute to the Philippine Dispute Resolution Center (PDRC) or arbitrate by themselves.
Institutionalized Arbitration. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be finally resolved by arbitration in accordance with the rules of the PDRC. Unless otherwise agreed upon, a sole arbitrator shall be chosen by the parties. The place of arbitration shall be in Makati, Philippines. The language to be used in the arbitral proceedings shall be English.
Ad Hoc Arbitration. Should the parties administer the arbitration proceedings by themselves the rules in Republic Act No. 876, otherwise known as “The Arbitration Law” shall apply. An arbitration shall be instituted by filing with the Clerk of Court of the Regional Trial Court (RTC) having jurisdiction of the submission agreement, setting forth the nature of the controversy and the amount involved. The arbitration shall be instituted where the principal place of business of any of the parties is located or if a party is an individual, where he/she resides.
The parties agree that this arbitration clause is an explicit waiver of immunity against validity and enforcement of the award or any judgment thereon made pursuant thereto and that such award or judgment thereon, if unsatisfied, shall be enforceable in any court having jurisdiction in accordance with its laws against any party participating in the arbitration.
D. Notice and Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail (“Notice”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice is received, you or GES may commence an arbitration proceeding.
The arbitrator may make rulings and resolve the disputes as to the payment and reimbursement of fees and expenses at any time during the proceedings and upon request from either party.
F. No Class Actions
You and GES agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and GES agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
In the event that GES makes any future change to this arbitration provision (other than a change to the GES’ address for Notice), you may reject any such change by sending us written notice within thirty (30) days of the change to GES’ address for Notice, and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
15. GOVERNING LAW AND VENUE
These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the Philippines as they apply to agreements entered into and to be performed entirely within the Philippines, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and GES agree to submit to the personal and exclusive jurisdiction of the courts located within the Philippines for the purpose of litigating all such claims or disputes.
17. CONTACT INFORMATION
If you have any questions regarding the Terms of Service or the Service, please contact us:
German Excellence Solutions, Inc.
7th Floor, Unit B, 8 Rockwell
Hidalgo Drive, Rockwell Center
Makati City 1210, Philippines
Phone: +632 906 3312
1. WHAT WE COLLECT
We may collect and process the following information about you: Personal Data such as but not limited to your name, address, email address, mobile number, property details; if you contact us, we may keep a record of our conversation; details of your visit to the App such as but not limited to traffic date and location data; and such other information necessary to carry out our engagement.
2. HOW WE COLLECT INFORMATION
In addition to the Personal Data you provide to GES directly, GES may collect your Personal Data from a variety of sources such as application/registration forms or other similar forms, publicly available sources (e.g. directories), GES’ social media accounts, reports from credit reporting agencies, interactions/communications with GES at events/activities, contests organized by GES, entities/divisions controlled by GES, GES operated websites, and cookies used on the websites.
3. PURPOSE OF PROCESSING
GES may use and process your Personal Data for business and activities of GES which shall include but not limited to the following:
To perform obligations under your contract with us and provide you with the service you requested;
To process your subscriptions and deliver our services to you including the use of the App;
To process your participation in any GES events and activities;
To process, manage or verify your application for subscription with GES and to provide you the benefits offered to subscribers;
To validate your bookings and process payments relating to any products or services you have requested;
To develop, enhance and provide products and services to meet your needs;
To respond to questions, comments and feedback from you;
To communicate with you for any of the purposes listed herein;
For internal administrative purposes, such as auditing, data analysis, database records;
For purposes of detection, prevention, and prosecution of crime; or
For GES to comply with its obligations under law.
GES may also use and process your data for other purposes such as:
To notify you of our products and services;
To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from GES, its partners, sponsors or advertisers;
To notify and invite you to events or activities organized by GES, its partners, sponsors or advertisers; or
To share your Personal Data amongst its subsidiaries, associate companies and jointly controlled entities as well as with its agent, vendor, supplier, partner, contractor or service provider who may communicate with you to market their products, services, events or promotions.
4. PPOTECTION AND NON-DISCLOSURE OF INFORMATION
GES will not make use of disclosed information about you to any third party without your prior written consent, except where required by law. All information about you both written and electronic is held in a secure location with controlled access. However, we do not guarantee the security of our database nor do we guarantee that your information will not be intercepted, and any information you transmit to us you do at your own risk.
Your information is shared with all GES employees who are tasked to keep all client information confidential and to use such information for purposes of fulfilling their employment duties with GES.
5. HOW WE USE YOUR INFORMATION
GES does not sell or share your information to third parties. GES collects and uses the information primarily to provide you with our services and features. We also use the information we collect for customer support, safety and security, research and development, communications, promotions, and in connection with legal proceedings. GES uses your information for purposes including:
Services and features. We use your information to perform our cleaning services, process payments, personalize your GES accounts, and perform internal operations necessary to provide our services such as analyze usage activity and trends, trouble shoot, and conduct data analysis.
Safety and security. We use your information to help verify accounts and activity. We also keep track of your information to detect suspicious and fraudulent transactions using your GES account.
Customer support. We use your information to assist you when you contact us, investigate and address your concerns, and monitor and improve our customer support.
Research and development. We analyze your information to help us evaluate and improve our products services and develop new products and services.
Communications. We use your information to send you marketing promotions, communicate with you about our services, and keep you updated with our terms and policies.
Legal proceedings. We use your information to process claims and disputes arising from your use of our services, or otherwise allowed by law.
6. INDIRECT INFORMATION GATHERING
From time to time, we may collect information about your computer/device. Standard information collected during the use of our site may include: pages visited on the site; date, time, and length of site access, and IP address of the devices used.
7. YOUR RIGHTS
You control your information. If you want to delete or update anything, you may do so through the App.
You have the right to ask us not to process your personal information for marketing purposes. We will usually inform you before collecting your personal information if we intend to use the same for such purposes. You can exercise the right at any time by contacting us at firstname.lastname@example.org
When you discontinue using our services, we may retain some of your information for a reasonable period of time for back up purposes or any other legitimate business purpose.
8. THIRD-PARTY LINKS
9. AGE RESTRICTION
GES cares about the safety of the children. Because the service is not directed toward children, children under eighteen (18) years of age are not allowed to use our service.
11. CONTACT INFORMATION
If you have any questions regarding the Terms of Service or the Service, please contact us:
German Excellence Solutions, Inc.
7th Floor, Unit B, 8 Rockwell
Hidalgo Drive, Rockwell Center
Makati City 1210, Philippines
Phone: +632 906 3312