1. (hereinafter referred to as "SERVICE PARTNER") The provision of household services and cleaning, cooking and handwork activities in private households and commercial facilities by independent entrepreneurs (hereinafter referred to as "REAL SUPPORT") by the REAL SUPPORT, Janusz-Korczak-Str. 22 12627 Berlin, and the other use of the Website www.realsupport.eu ("PLATFORM") and the services of REAL SUPPORT is exclusively made on the basis of these General Terms and Conditions. Deviations require the express consent of REAL SUPPORT.
2. These terms and conditions apply for the permanent arranging contracts for household cleaning services, cooking service and handwork in buildings ("SERVICES") with clients ("CLIENT") through the platform for the offering and finding such services, as well as for the commercial processing of such contracts through REAL SUPPORT on behalf of the SERVICE PARTNER.
3. REAL SUPPORT is entrusted by the SERVICE PARTNER with the enforcement of service contracts, and to receive a commission for every mediated service contract. REAL SUPPORT is a trade representative of the SERVICE PARTNER.
4. The settlement of payments of the CLIENT to the SERVICE PARTNER is via a licensed payment service ("PAYMENT SERVICE") based on a separate payment service agreement between the payment service and the SERVICE PARTNER. REAL SUPPORT is an introducer for this payment service contract, it is not itself involved in the payment settlement process and not a party to the payment service contract.
5. SERVICE PARTNER offers REAL SUPPORT the conclusion of the Treaty on mediation and other services ("Mediation Agreement") by logging into the platform. When signing the SERVICE PARTNER provides data in accordance with this agreement (described below) to truthfully enter and submit the documents referred to therein.
6. REAL SUPPORT reviews the offer and confirms the SERVICE PARTNER, after completion of verification of registration, stating the activation of the complete user's account. The mediation agreement is made with the communication from the activation email. A right to enter a mediation contract with REAL SUPPORT also exists.
7. SERVICE PARTNER agrees also to the transfer of the necessary payment processing data (name, account number, etc.) to the payment service to coincide with the conclusion of the mediation contract.
8. REAL SUPPORT takes on the platform through Its website, telephone, SMS or e-mail requests from the CLIENT for services ("BOOKING REQUEST") and evaluates the booking request according to place, time and scope. REAL SUPPORT determines the appropriate SERVICE PARTNER for the booking request of the CLIENT and sends the booking request to them (usually by forwarding the booking request via email, via SMS, via website or in individual case by phone).
9. All SERVICE PARTNERs who are working in a specific area usually receive the service request from the CLIENTs through Real Supports (website, SMS, email or some case by telephone) Platform. In the case that the CLIENTs select a specific SERVICE PARTNER then the service request is shown only to that person. As soon as any of the SERVICE PARTNERs accept the booking request, the booking request for any other SERVICE PARTNER is blocked.
10. After the acceptance of a service request by any SERVICE PARTNER, the CLIENT is notified via email with SERVICE PARTNERs information and Booking Confirmation.
11. REAL SUPPORT is involved in the conclusion of contracts for the services as an agent for the SERVICE PARTNER. The SERVICE PARTNER carries out the service contracts agreed with their CLIENTs by their own organisation and responsibility.
12. REAL SUPPORT is not responsible for the execution and performance of contracts for SERVICE through by SERVICE PARTNER.
13. REAL SUPPORT is obliged
a. to operate the platform and to deliver leads to the SERVICE PARTNER there with the times and place for service specified by it.
b. providing a user account for the SERVICE PARTNER, listed on the mediated REAL SUPPORT all contracts and invoices are kept available.
c. to provide the times and location offered by the SERVICE PARTNER and appropriate inquiries with CLIENT.
d. forward booking requests from CLIENT to the SERVICE PARTNER, first if the CLIENT has chosen a specific SERVICE PARTNER (even in such a case it is the sole decision of the SERVICE PARTNER whether to accept an offer or not);
e. to insure the SERVICE PARTNER with a liability insurance regarding damages in the provision of the services - but in this case only damages exceeding EUR 100 up to EUR 5.000.000.
14. REAL SUPPORT creates bills on behalf of the SERVICE PARTNER for the SERVICE and ensure delivery to the CLIENT. Any changes to the SERVICE PARTNERS tax rate must be updated by contacting REAL SUPPORT.
15. REAL SUPPORT handle changes and cancellations of CLIENT bookings by their request or by the request of SERVICE PARTNER. When a change happens to an appointment for SERVICE or a reservation is cancelled, REAL SUPPORT will notify the SERVICE PARTNER and CLIENTS immediately.
16. REAL SUPPORT receives notice of any defects reported by CLIENTs and forward them to the SERVICE PARTNER for examination and possible repair. The SERVICE PARTNER must request REAL SUPPORT to make refunds or any credit note to be submitted due to defect to their CLIENTs.
17. When the SERVICE PARTNER registers on the platform REAL SUPPORT request the following information/documentation:
a. Estimated time of availability and location of the Service provided;
b. Copy of identity card;
c. Tax number;
d. At the request of REAL SUPPORT copy of a business license;
e. Copy of the police clearance certificate;
f. E-mail address and phone number;
g. Current status of sales tax liability;
h. Valid and complete bank account;
18. REAL SUPPORT shall be entitled to request references regarding to activities carried out as a SERVICE PARTNER, for example, references from former CLIENTS prior to a registration, or to carry out a preliminary agreement in which the SERVICE PARTNER accompanies a self-employed SERVICE PROVIDER selected by REAL SUPPORT to demonstrate their professional competence.
19. If the above information is changed, the SERVICE PARTNER is obliged to notify REAL SUPPORT without delay. In addition, the SERVICE PARTNER hereby confirms that, it is aware that without submitting the requested information and documents, is not possible to arrange service contracts for the SERVICE PARTNER.
20. The SERVICE PARTNER confirms by registering on the platform that it provides the specified services within the scope of a properly registered trade. REAL SUPPORT is entitled to terminate the agreement if the SERVICE PARTNER does not present a valid business license or agreement for the execution of household related services within 4 weeks after the first order has been executed.
21. The SERVICE PARTNER is responsible for the proper submission of taxes and related duties.
22. The SERVICE PARTNER is available for the provision of different services for CLIENTS according to the performance schedule attached to these General Terms and Conditions. There is no obligation to accept booking requests, The SERVICE PARTNER authorizes REAL SUPPORT to accept booking requests and submit the declarations necessary for the order processing in accordance with its instructions.
23. The SERVICE PARTNER pays REAL SUPPORT an excess of up to EUR 100.00, provided a CLIENT claims damage through the activities of the SERVICE PARTNER and the damage is covered by the liability insurance concluded in favour of the SERVICE PARTNER. The SERVICE PARTNER is responsible with providing REAL SUPPORT with all information necessary for the processing of damages requested by REAL SUPPORT.
24. The SERVICE PARTNER informs REAL SUPPORT of short-term changes regarding the services already booked, in particular delay via the platform or by telephone, in order for REAL SUPPORT to notify the CLIENT.
25. If the SERVICE PARTNER executes CLIENT orders through their own employees or agents, REAL SUPPORT must be informed. The following information is to be provided to REAL SUPPORT:
a. Name and surname of person;
b. Agreement between SERVICE PARTNER and person;
c. Copy of National ID;
d. Copy of the Police clearance certificate;
26. SERVICE PARTNER will be responsible for providing any other information requested and liability insurance if needed for any people working for them.
27. Cancelling a SERVICE;
a. All CLIENT cancellations must be processed through the REAL SUPPORT platform, or by phone to REAL SUPPORT.
b. Any SERVICE request that has not been accepted by a SERVICE PARTNER can be cancelled without charge.
c. A SERVICE request can be cancelled or amended more than 36 hours without charge
i. The following cancellation fees apply to bookings;
ii. Between 36 & 24 hours: 25% of the booking cost
iii. Between 24 & 12 hours: 50% of the booking cost
iv. Less than 12: 100% of the booking cost
28. Any CLIENT changes (date, time or duration) for a confirmed booking are possible free of charge at any time if agreed by the assigned SERVICE PARTNER.
29. Any booking accepted by a SERVICE PARTNER can't be cancelled or changed on their profile on the REAL SUPPORT platform. It can only be done by contacting REAL SUPPORT by email or phone call. By cancelling a booking less than 48 hours before the start time, the SERVICE PARTNER will be charged 10€ for the expense of returned payment service and other expenses incurred by REAL SUPPORT. In case of any illness or any other emergency REAL SUPPORT will bear the cost of 10€ while the SERVICE PARTNER must contact REAL SUPPORT as soon as they are aware of a situation requiring cancellation.
30. Any SERVICE PARTNER changes (date, time or duration) for a confirmed booking are possible by CLIENT agreement. In this situation, Real Support will make contact with the CLIENTs before making any changes to the booking requested by a SERVICE PARTNER.
31. All payments by CLIENTS to the SERVICE PARTNER for the remuneration of the services are made by the payment service provider.
32. REAL SUPPORT shall receive a commission from the SERVICE PARTNER for the provision of the services and the services provided (including the provision of the payment service contract). The commission is dependent on the number of hours agreed according to the booking request with the CLIENT, the type of booking (multiple booking or one-time order) and the location. The commission is calculated in accordance with the list of fees valid at the time of booking of a service.
33. REAL SUPPORT shall provide the SERVICE PARTNER with invoices relating to the services provided by the SERVICE PARTNER and information on the payment by the CLIENT by e-mail or in the user account portal. The payment service provider will keep the amount paid by the CLIENTS for the SERVICE PARTNER in a trustee account.
34. The first pay-out period includes orders from the 1st to the 10th of the month and shall be paid no later than the 19th of that month. The second pay-out period includes orders from the 11th to the 20th of the month and will be paid no later than the 29th of that month. 3rd pay-out period includes order from 21th of the month to the end of the month and will be paid no later than 9th of the following month.
35. The payment service provider shall pay the service fee paid by the CLIENT to the SERVICE PARTNER, less the commission of REAL SUPPORT.
36. If a SERVICE agreed between a SERVICE PARTNER and CLIENT is not carried out for any reason to be represented by the SERVICE PARTNER, and if the CLIENT does not pay, REAL SUPPORT's commission claim is fully retained. The same applies in the event that the CLIENT refuses to pay due to poor performance of the cleaning service, or does not pay the compensation without reason, the enforcement of unpaid remuneration is the responsibility of the SERVICE PARTNER.
37. If the SERVICE PARTNER wishes to provide additional services to a CLIENT who is already a REAL SUPPORT CLIENT who has received a SERVICE in the last 6 months, the SERVICE PARTNER is required to indicate to the CLIENT that a REAL SUPPORT booking request is required.
38. If the SERVICE PARTNER accepts new orders from a REAL SUPPORT CLIENT outside of the booking platform, REAL SUPPORT shall be entitled to payment of a reasonable compensation for the commission loss by the elimination of further orders of the CLIENT in the amount of EUR 100 plus VAT. REAL SUPPORT shall not be liable for the performance of the service contract by the SERVICE PARTNER for any services not booked through the portal.
39. In addition, REAL SUPPORT is liable in the event of a breach of contractual and non-contractual obligations by REAL SUPPORT in accordance with statutory provisions. REAL SUPPORT shall be liable for damages in the event of intent and gross negligence, irrespective of the legal basis.
40. With claims other than gross negligence REAL SUPPORT is liable only;
a. For damages arising from injury to life, body or health; or
b. For damages arising from breach of a contractual obligation (obligation whose fulfilment is essential to the proper conduct of the agency contract at all and on the observance of which the SERVICE PARTNER may be regularly trusted).
41. The pages of www.real-support.eu also contain links to websites which are maintained by third parties, and their contents is not monitored by REAL SUPPORT. Links to other websites are only for the convenience of navigation. REAL SUPPORT assumes no responsibility for the content of third-party websites.
42. The brokerage agreement begins after the registration of the SERVICE PARTNER in the platform, and the release of the platform by REAL SUPPORT.
43. It runs indefinitely and can be terminated for both parties at any times observing legal notice periods. Notice of termination must be given in writing; A notification by e-mail will be acceptable.
44. REAL SUPPORT shall be entitled to terminate the transmission of booking requests to a SERVICE PARTNER if they do not accept any booking requests for more than one month. At the request of the SERVICE PARTNER the transmission may be resumed at any time.
45. The SERVICE PARTNER agrees that during the term of the Intermediation Agreement and up to 6 months thereafter REAL SUPPORT shall contact by e-mail, telephone or mail to improve and extend the offers of the portal www.real-support.eu and to discuss the satisfaction with the offerings of the platform as well as to provide information on supplement, extension, news and cooperation offers.
46. During the term of this contract, the SERVICE PARTNER is entitled to carry out other orders for CLIENTs not acquired through REAL SUPPORT without the knowledge of REAL SUPPORT.
47. The parties undertake to observe the legal provisions for the protection of personal data. The SERVICE PARTNER uses any personal data acquired through a booking request, from its CLIENTS only to fulfil the respective concluded service contracts.
48. REAL SUPPORT and SERVICE PARTNERs shall treat information on CLIENTS, process flows, and services to be rendered by the parties and the commission (even after the termination of the contract) strictly confidential if and insofar as they are not obligated or authorized by law or by contractual agreement to disclose. In the same way, the SERVICE PARTNER must offer the CLIENT the use of Fulfilment Aids before their use with the CLIENT and to prove this to REAL SUPPORT upon request.