General Conditions of Peacock for Cleaners

These General Terms and Conditions stipulate the main terms and conditions governing the agreement between the cleaner and Peacock regarding the use of the Peacock App for the purpose of providing cleaning services.

You must agree to the following terms and conditions in order to provide cleaning services using the Peacock App.

1. DEFINITIONS

  1. Peacock (hereinafter also referred to as “we”) is Educlean OÜ, a private limited company established and registered under the laws of the Republic of Estonia, with registry code 14856395 and registered office at Lastekodu tn 6a-15, Kesklinna district, Tallinn, Harju county, 10113, as well as Peacock group companies and partners. Peacock Group means companies over which Educlean OÜ has either direct or indirect control (e.g. subsidiaries of Educlean OÜ). A list of Peacock Group companies and partners is available here: https://peacock.ee/grupp/ .
  2. Peacock Services are the services provided by Peacock to you, including making available and maintaining the Peacock App and the Peacock Platform, Customer Support, arranging payments and communication between you and Customer, and other similar support services as described in these General Terms and Conditions of the Agreement.
  3. Peacock App is an application designed for Peacock cleaners within the meaning of the General Terms and Conditions, which is used by cleaners to receive and accept orders and manage cleaning services.
  4. Customer is a person who orders cleaning services using the Peacock mobile application.
  5. Cleaner means a person who has entered into an Agreement for the use of the Peacock App and provides Cleaning Services through the Peacock App.
  6. The General Conditions are the terms and conditions specified in this document.
  7. The Agreement is an agreement between you and Peacock for the use of the Peacock App, which consists of:

7.1. these General Terms and Conditions,

7.2. special conditions displayed in the Peacock App, such as pricing information or description of service;

7.3. “Instructions for the cleaner”; and

7.4. other conditions referred to in the Agreement, which are subject to amendments on occasion.

  1. License is your right to use the Peacock App and the Website.
  2. The Website is the Peacock website, the address of which is : peacock.ee and peacockapp.com and its subpages.
  3. Fee is the amount of money that the Customer must pay to the Cleaner for the provision of Cleaning Services.
  4. Peacock Commission is a fee that the Cleaner must pay to Peacock for the right to use the Peacock App.
  5. Internal Payment is a payment that the Customer pays for Cleaning Services through the Peacock application. Internal payments can be made using a debit or credit card, company’s or any other electronic payment method provided by Peacock.
  6. The Peacock Cleaner Portal is a portal that contains information and documents, including accounting records related to the use of the Peacock App by the Cleaner. You can enter the Peacock Cleaner Portal at: ( http://partners.peacock.ee), by entering your username and password.
  7. Cleaning services are cleaning services provided by the Cleaner to the Customer, whose order the Cleaner has accepted through the Peacock App.
  8. The Paying Agent – Peacock Service OÜ, an agent is responsible for technical support services in providing payment services and submitting invoices on behalf of Peacock. In addition, the Paying Agent is authorized to resolve payment disputes on behalf of Peacock.

2. CONCLUSION OF THE AGREEMENT

  1. To use the Peacock App, you must register on the Peacock Website by providing the information required in the registration application and submitting the required documents to Peacock. You can register an account as an individual. Once you have registered your Peacock account, Peacock will make available a personal account that you can access with the username and password of your choice. By clicking the “Sign up” button at the end of the registration application, you confirm and guarantee the following:
    1. You have the right, in accordance with applicable law, to enter into an Agreement for the use of the Peacock App with the aim of providing Cleaning Services;
    2. you have carefully read, fully understood and agree to perform these General Conditions, including any obligations you incur as a result of these Terms and Conditions;
    3. all information you have submitted to Peacock is accurate, correct and complete;
    4. You will not allow any other person to use your account or transfer it to any other person;
    5. You will not use the Peacock App for unauthorized or illegal purposes or impair the proper operation of the Peacock App;
    6. You may not copy or distribute the Peacock App or other content without a prior written consent of Peacock;
    7. Your account information is correct, and you are updating the information contained in your profile;
    8. You act in accordance with laws and regulations in force in the territory where you provide Cleaning Services;
    9. You agree to the Peacock Privacy Policy, which is available at: http://peacock.ee/legal/.
  2. When entering payment data during registration, you must provide your bank details. Peacock will transfer the Fee, collected through Internal Payments, to the bank account provided by the Cleaner. Peacock is not responsible for incorrect money transfers if the Cleaner has provided wrong bank details.
  3. After you have applied for registration, you will receive an email stating the additional conditions that must be met to provide the Cleaning Services. Such conditions may include the submission of a criminal record statement, a valid driver’s license, a valid main employment contract, completion of training, possession of a mobile device that supports GPS, and other conditions, as described in the email. Failure to comply with the prescribed terms and conditions may result in termination of the Agreement and of the right to use the Peacock App.

3. RIGHT TO USE THE PEACOCK APP AND WEBSITE

  1. Peacock App. Peacock allows the Cleaner to receive orders for Cleaning Services from Customers.
  2. License to Use the Peacock App and the Peacock Cleaner Portal . Hereby the Peacock grants the Cleaner a non-exclusive license to use the Peacock App and the Peacock Cleaner Portal under the Agreement and subject to the specified terms and conditions. The non-exclusive license does not entitle the Cleaner to sublicense or transfer the rights of the use to third parties. Unless otherwise agreed, cleaning companies may issue sub-licenses to their cleaners.
  3. While using the Peacock App and the Website, the Cleaner may not:
    1. decompile, to reverse engineer, or otherwise attempt to obtain source code for the Peacock App and / or Peacock Cleaner Portal;
    2. modify the Peacock App or the Peacock Cleaner Portal in any way or form, or use a modified version of the Peacock App or Peacock Cleaner Portal;
    3. transmit files containing viruses, corrupted files, or any other similar to Peacock App, or transmit programs that may corrupt or damage another person’s computer, Peacock Services, Website, Peacock Cleaner Portal, Peacock App, or hardware or telecommunications equipment;
    4. attempt unauthorized access to the Peacock app, the Peacock Cleaner Portal, or any other Peacock service.
  4. For the use of the Peacock App and the Peacock Cleaner Portal, the Cleaner shall pay Peacock a commission specified in Chapter 5 of the general conditions.
  5. The license for the use of the Peacock App and the Peacock Cleaner Portal will automatically expire when the agreement ends. If you cancel the agreement, you must immediately stop using the Peacock App and the Peacock Cleaner Portal, and Peacock shall have the right to block and delete your account without a prior notice.
  6. Use of Peacock brand and labels . Peacock may give you tags, signs, stickers or other indications that refer to Peacock or otherwise indicate that you are using the Peacock App. Peacock grants you a non-exclusive license for the use of trademarks, under which no sub-licenses or any rights of use may be granted to third parties, and such a license is valid only to the extent necessary to provide cleaning services through the Peacock App. After cancellation of the Agreement, you must immediately remove and renounce the use of Peacock trademarks and similar signs that refer to the Peacock trademark.
  7. Peacock’s copyrights and trademarks, including the source code, databases, software, logos and visual designs of the Peacock App, etc., are the intellectual property of Peacock and are protected by copyright, trademark and trade secret norms and the provisions of international agreements. Use of the Peacock App, the Peacock Cleaner Portal, or other Peacock Services does not give the Cleaner title to intellectual property of Peacock.

4. PROVISION OF CLEANING SERVICES

  1. Obligations . The Cleaner hereby confirms that it provides the Cleaning Services in accordance with the Agreement and laws and regulations in force in the territory where the Cleaner provides the Cleaning Services.
  2. The Cleaner must have a valid driver’s license, liability insurance (if applicable), certificates and other documents required in the territory where the Cleaner provides the Cleaning Services. The Cleaner is responsible for ensuring that the above permits and registrations are valid and renewed in a timely manner. Peacock has the right to demand submission of activity licenses, registrations, confirmations, authorizations, and similar documents by the Cleaner.
  3. You must provide Cleaning Services professionally, complying with the business ethics of providing such services, and strive to fulfil the Customer order in the best interests of the Customer. Among other things, you may not (i) involve unauthorized persons in the performance of the Service, (ii) delegate the provision of the Service to third parties, (iii) use any other cleaning equipment unless specified by Peacock.
  4. The Cleaner has the right to decide when and how frequently it shall provide Cleaning Services. The Cleaner may choose whether to accept Customer orders for the provision of Cleaning Services.
  5. Expenses to be borne by the Cleaner in connection with the provision of Cleaning Services. The Cleaner is obliged to acquire and maintain the equipment and tools needed for the provision of the cleaning service, including a smart device. The Cleaner must pay all costs related to the provision of cleaning services, incl. costs of fuel and mobile data communication package, customs duties, taxes related to the payment of insurance or wages, etc. The Cleaner must consider that using the Peacock App may consume a large amount of mobile data packet, therefore the Cleaner must use an unlimited or very high-capacity data packet.
  6. Fee for cleaning . The Cleaner has the right to ask the Customer for a Fee after the order was accepted through the Peacock App and the Cleaning Service corresponding to the order was provided. The cost of cleaning is calculated on a basis of the default basic price and additional services. The default basic price is the fixed price displayed in the Peacock App. The default basic price may fluctuate depending on the market situation. The cleaner may request a change in the default basic price by sending a corresponding request to Peacock.
  7. Fixed price. The Customer may be offered an option of order that allows the Customer to accept a fixed Fee for the corresponding Cleaning Service you provided (i.e., the Fixed Price). Information about the amount of the fixed price is provided to the Customer via the Peacock App before placing its order, and to you when you accept the order or at the end of the cleaning. However, instead of the Fixed Price, the fee will be calculated in accordance with clause 4.6, if the information provided in the order submitted by the Customer does not correspond to reality (e.g. the number of rooms).
  8. If the Cleaner finds that there is an error in the calculation of the Fee and wishes to make corrections to the calculation of the cost of the cleaning , such corrections must be submitted to the Peacock App by using “Ask Help” function. If the Cleaner has not submitted a request to the Peacock App via “Ask Help” function, Peacock is not obliged to recalculate the cost of cleaning or to compensate for damage caused by an error in calculating the cost of cleaning.
  9. Peacock may adjust the Fee in case of malicious behaviour of the Cleaner (e.g. the quality of the service does not meet the requirements when the Cleaning Service has been rendered). Peacock will exercise its right to reduce the Fee in a reasonable manner and in justified cases.
  10. Receipts. After the completion of the cleaning service, the Customer is sent a cleaning summary in the Peacock application, which includes the first and last name of the cleaner, a photo, the date of service, the start time and the price of the service and the amount paid. Receipts for the cleaner are available on the Peacock Cleaner Portal.
  11. Cleaning cancellation fee. The Cleaner can cancel the cleaning service order that the cleaner has accepted through the Peacock App. The Cleaner is entitled to a Fee for the cancelled Cleaning Service (Cancellation Fee) if the Customer cancels the accepted order in a time period specified in the Peacock App.
  12. If, in the course of providing the Cleaning Service, the Cleaner damages the property to be cleaned or its furnishings (among other things, by smearing or causing it to stink), the Customer has the right to demand compensation from the Cleaner. The Customer informs Peacock and Peacock helps to mediate the Customer a claim against the Cleaner. All such notices must be submitted to Peacock within 24 hours, together with pictures or other sufficient evidence of damage. Peacock’s mediation activities for the collection of contractual penalties and damages from the Cleaners do not mean that Peacock is obliged to compensate the Customer for the damage caused to the property or the costs related to the repair of the property.
  13. Tax liabilities. The Cleaner confirms that it is aware of all tax obligations that the Cleaner incurs in connection with the provision of Cleaning Services, incl. (i) the payment of income tax, social tax, and other applicable taxes. If the tax authority submits to Peacock a reasoned tax request regarding the activities of the Cleaners in connection with the provision of the Cleaning Service, Peacock may make available to the national tax authority information on the activities of the Cleaner to the extent provided by law. The Cleaner is obliged to comply with all tax obligations that may arise in connection with the provision of cleaning services. The Cleaner shall reimburse Peacock for fees, charges, claims, fines, etc., which may arise for Peacock as a result of the Cleaner’s failure to meet its tax obligations (incl. the payment of income and social taxes).
  14. Authorization to issue invoices . Peacock is authorized to issue invoices to the Customers on behalf of the Cleaner, such as contractual penalties or fees that Peacock mediates to the Cleaner. The respective invoices will be made available to the Cleaner on the Peacock Cleaner Portal.

5. PEACOCK COMMISSION

  1. The Cleaner undertakes to pay a fee to Peacock (i.e. Peacock’s Commission) for the use of the Peacock App. The Peacock commission is calculated from the cost of cleaning for each Cleaning Service. The Peacock commission shall be deducted from the Fee. The amount of the Peacock commission will be notified to the Cleaner by e-mail, Peacock App, Peacock Cleaner Portal, or other means of communication. The amount of the Peacock commission may change on accasion. Peacock will notify you of changes in advance.
  2. The cleaner undertakes to pay the Peacock commission and other fees payable to Peacock in the previous week by Tuesday of the following week at the latest. In case of delay in payment of the Peacock commission, you must pay a default interest of 0.04% of the unpaid amount per calendar day. The Cleaner must reimburse Peacock for any costs incurred by Peacock in collecting the Cleaner’s debts.

6. INTERNAL PAYMENTS

  1. The Peacock application allows the Customers to pay for the Cleaning Services with a bank card, via the Internet banking link or directly in the application (i.e. internal payment). The Cleaner authorizes Peacock to act as a limited payment agent who collects Fees and other fees paid by the Customer as an Internal Payment on behalf of the Cleaner. In case of an Internal payment, the Customer’s payment obligation to the Cleaner shall be deemed fulfilled from the moment of making it.
  2. Peacock will transfer the amounts received to the Peacock’s bank account during a last week to the Cleaner’s bank account by doing internal payments by the fourth calendar day of the following week. If the Cleaner requests a review of Internal Payments, Peacock may transfer the amounts collected after the review is complete.
  3. The cleaner can view the internal payment reports on the Peacock Cleaner Portal. Peacock will send the Cleaner an e-mail once a week with an ‘Internal Payments and Cleaner Balance Statement’. The reports will show the Internal Payments received last week and the amounts of Peacock commission withheld. The Cleaner must notify Peacock of any material circumstances that may affect the execution of Internal Payments.
  4. Peacock is not obliged to reimburse the Cleaner for the Fee if the Internal payment failed due to the cancellation of the credit card or Internet bank payment, or if the payment was not successful for reasons beyond Peacock’s control. In this case, we will assist the Cleaner in collecting the cost of cleaning and transfer the Fee after the Customer has made the required payment.
  5. Before providing the Cleaning Services, the Cleaner must make sure that the service is provided to the correct Customer or that the Customer has explicitly confirmed that he / she allows another person to consume the Cleaning Services with his / her Peacock account.
  6. Peacock will offset the Fees collected as an Internal Payment against the amounts of money that the Cleaner is obliged to pay to Peacock (e.g. Peacock commission and contractual penalties). Peacock has the right to perform the Cleaner’s financial obligations to the companies of the Peacock Group, in which case Peacock has the right of recourse against the Cleaner to the extent of the fulfilled obligations. Peacock may compensate the Cleaner’s financial claims against Peacock by using the Peacock Group’s financial claims against the Cleaner. The Peacock Group means companies over which Educlean OÜ has direct or indirect control (e.g. subsidiaries of Educlean OÜ).

7. CUSTOMER SUPPORT

  1. Peacock provides customer support for using the Peacock App. Peacock has the right to suspend the provision of customer support services if the Cleaner has delayed paying the Peacock commission or other payments for more than five calendar days.

8. REVIEWS AND OPERATION

  1. In order to ensure the provision of a high-quality service through the Peacock application and to raise added trust to Customers, Customers may provide ratings and reviews for the Cleaning Services provided. The average rating given to the Cleaner is related to the Peacock account and is available to Customers who wish to order the Cleaning Service. If Peacock finds that a score or comment has not been given in good faith, it may be taken into the account when calculating the minimum average grade.
  2. In addition to the Cleaner’s rating, Peacock measures activity and creates an activity rating for each Cleaner based on accepting, cancelling, failing to respond to, or providing Cleaning Services.
  3. In order to provide customers with a reliable service, Peacock may set a minimum average rating and a minimum activity rating that Cleaners must achieve and maintain. If the Cleaner does not increase its average rating or activity rating to at least the minimum within the specified time, the Cleaner's account with Peacock will be closed either temporarily or permanently. Peacock may open a Cleaner account if Peacock determines that the closure was caused by a system error or incorrect evaluation.

9. MARKET OVERVIEWS AND CAMPAIGNS

  1. Market overviews. Peacock may send Market Surveys to the Cleaners via the Peacock App, the Peacock Cleaner Portal, SMS, email, or other means of communication to raise awareness of when demand is greatest. Such market overviews are recommendatory. As market reviews are based on past customer behaviour statistics, Peacock cannot guarantee that the actual market situation meets the opinion expressed in the market overview.
  2. Campaigns that allow for a minimum income . Peacock may run campaigns during which Peacock guarantees a certain minimum income if the Cleaner provides Cleaning Services in a specified period of time. If the Cleaner does not reach such a minimum, Peacock will compensate the Cleaner for the missing part. Peacock specifies the terms and conditions of the campaign via the Peacock App, the Peacock Cleaner Portal, SMS, e-mail, or other means of communication. Peacock will decide, at its sole discretion, whether, under what conditions, when and which Cleaners it will allow to participate in the campaigns. If Peacock has reason to believe that the Cleaner’s activities are malicious, Peacock may not pay compensation or suspend payment for the duration of the investigation into the suspected deceit.
  3. Customer-targeted marketing campaigns . Peacock may conduct Customer-targeted marketing campaigns to market Peacock applications. If cleaning tariffs or Fees are reduced during the campaign, Peacock will compensate the Cleaner in the amount of the discount offered to the Customer. Compensation shall be paid to the Cleaner together with the Fee. Peacock may offset marketing campaign benefits against Peacock commission.

10. LEGAL RELATIONS BETWEEN CLEANER, PEACOCK AND CUSTOMERS

  1. Peacock is an information society service provider and does not provide cleaning services. Peacock only facilitates the provision of the Cleaning Service between the Cleaner and the Customer. The Cleaner is aware that it provides Cleaning Services and independently provides services to Customers in economic or professional activities.
  2. There is no contract or employment relationship between the Cleaner and Peacock. Peacock may offer benefits and discounts to the cleaner, but such benefits are not considered as remuneration or performance fees. Nor will there be a partnership between Peacock and the Cleaner. The Cleaner may not act as an employee, agent, or representative of Peacock, or enter into contracts on behalf of Peacock. If, due to applicable laws or case law, the Cleaner is considered to be an employee or contractor of Peacock, the Cleaner shall waive any claims against Peacock that may arise in connection with such a legal relationship.
  3. The Cleaner may not assign the performance of the Agreement or the rights or obligations arising from the Agreement to third parties.

11. PROCESSING OF PERSONAL DATA

  1. Processing of personal data. Peacock collects personal information from the Cleaner such as name, address, telephone number, email address in order to enable the operation of the Peacock App and to provide an information society service. Driving licenses and information on criminal penalties or other necessary documents may be requested to ascertain whether the Cleaners meet the requirements of law and the Cleaner is suitable for the profession. Peacock transmits the personal data of the Cleaner to subsidiaries and third parties for the purpose of providing information society services. The Peacock application displays first and last name of the Cleaner, a photo, price components and the tariffs on which the price is calculated. The Cleaner may ask you to view, update or remove your personal information. If the Cleaner wishes to remove his personal information, the use of the Peacock App may become impossible. After the Cleaner deletes his account, Peacock will delete your personal information, but not earlier than six months after deletion of your account (in case a question or dispute related to the Agreement needs to be resolved). The personal data of the cleaner may be kept longer if required by law.
  2. Transmission of location data . Information about location data is collected with the aim of supplying customers of Peacock with an information society service.
  3. Processing of customer personal data . The Cleaner may not process the personal data of the Customers without the permission of Peacock. The Cleaner may not collect, store, allow access, use or cross-use the personal data of the Customers made available through the Peacock App, except to the extent required for the provision of the Cleaning Service. Peacock is the controller of personal data, who processes the personal data of the Cleaner and the Customers. The Cleaner is an authorized processor of personal data of the Customers and must comply with the rules and conditions of personal data processing set out in the Peacock Privacy Policy ( http://www.peacock.ee/legal/ ). In the event that the Cleaner violates the requirements for the processing of personal data, Peacock may close the Cleaner’s account and demand compensation for impairment.

12. LIABILITY

  1. The Peacock App is provided for use ‘as is’ and ‘as available’. Peacock does not represent or warrant that access to the Peacock App and the Peacock Cleaner Portal will be uninterrupted or error-free. Since the use of the Peacock App for ordering of Cleaning Services depends on the behaviour of Customers, Peacock does not guarantee that using of the Peacock App by the Cleaner will result in receiving Cleaning Service orders.
  2. Peacock, members of the Peacock Board and employees shall not be liable for any damages that may occur to the Cleaner due to the use of the Peacock App, including:
  • Liability of Peacock for damage caused by a breach of the Agreement is limited to EUR 500. The Cleaner has the right to claim damages only if Peacock intentionally violates the Agreement.
  • Peacock shall not be liable for acts or omissions of the Cleaners using the Peacock Application and shall not be liable for any damage caused by the Cleaners to the Customer or the Customer’s property, with the exception of cases indemnified under the terms of liability insurance.
  • The Cleaner shall be liable for any breach of this Agreement and any other law and shall be required to suspend and remedy such breach immediately upon receipt of a request from Peacock or from a governmental or other authority. The Cleaner is obliged to compensate Peacock for direct and / or indirect damage, loss of income, fine, default interest imposed on Peacock due to breach of the Agreement by the Cleaner. If the Customer files a complaint against Peacock in connection with the Cleaning Service provided by the Cleaner, the Cleaner must compensate Peacock in full within seven days of receiving the respective claim. If Peacock has the right to file a claim against the Cleaner, the Cleaner must compensate Peacock for the assessment of damages and the related legal costs.
  • 13. DURATION AND TERMINATION

    1. The conditions stipulated in these General Terms and Conditions shall enter into force for the Cleaner when he / she submits a registration application on the Website. Other Terms and Conditions and the Agreements shall enter into force for the Cleaner from the moment the Terms and Conditions are made available to the Cleaner and the Cleaner starts or continues to provide Cleaning Services via Peacock App.
    2. The Cleaner may terminate the Agreement at any time by notifying Peacock at least seven days in advance, after which the Cleaner’s rights to use the Peacock App and Information Society Services will terminate. Peacock may, at its sole discretion, cancel the Agreement at any time and for any reason by giving at least three days’ notice to the Cleaner.
    3. Peacock reserves the right to terminate the Agreement without notice and restrict access to the Peacock App and the Peacock Cleaner Portal if the Cleaner violates the Agreement, any applicable law, disparages Peacock or its subsidiaries, or causes damage to the trademark of Peacock or its subsidiaries, reputation or business. In the above cases, Peacock may refuse to register a new Cleaner’s account.
    4. If Peacock suspects the Cleaner of a breach of the Agreement or fraud, Peacock may restrict the Cleaner’s access to the Peacock App and the Peacock Cleaner Portal during the investigation. The access restriction will be annuled if Peacock determines that the Cleaner has not committed any violation or fraud.
    5. The goal of Peacock is to provide the highest quality of service to all Customers, which is why Peacock monitors the operation of cleaners in its system. If the Cleaner does not comply with the minimum service requirements, such as the minimum rating and activity rating, Peacock has the right to immediately, without prior notice, cancel the Agreement and restrict the Cleaner’s access to the Peacock App and the Peacock Cleaner Portal.
    6. Date of entry into force of the General Conditions

    Date of entry of the General Conditions into force: 04.04.2020.