Terms and Conditions for Cleaner

THIS IS AN IMPORTANT DOCUMENT. THE TERMS AND CONDITIONS STATED HEREIN (COLLECTIVELY, THIS "AGREEMENT") CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND FUSS PTE. LTD. (“FUSS”), A SINGAPORE INCORPORATED PRIVATE LIMITED COMPANY. PLEASE DO NOT AGREE TO IT UNLESS YOU HAVE READ AND UNDERSTOOD IT AND ANY DOCUMENT MENTIONED IN IT. WE RECOMMEND THAT YOU CONSULT A LAWYER. YOU SHOULD ALSO HAVE THE DOCUMENT TRANSLATED INTO YOUR OWN LANGUAGE IF NECESSARY. IF YOU NEED ANY CLARIFICATION, PLEASE ASK US AND WE WILL ENDEAVOUR TO HELP BUT WE CANNOT GIVE YOU LEGAL ADVICE. PLEASE CONTACT US AT [email protected]

1. Legal Agreement

This is an agreement between Fuss Pte. Ltd. trading as Fuss ("Fuss") with its registered office at 16 Raffles Quay, #41-07, Singapore 048581, Business Registration Number 201427499Z and the Service Provider.

2. Definitions and interpretation:

The following terms shall have the following meanings in this agreement:

Company and/or Fuss	Fuss Pte. Ltd.; Business Registration No.: 201427499Z
Service Provider	person participating to receive cleaning assignment offers via Fuss’s booking services
Service	cleaning services and any other services supplied by Fuss in connection with the supply by the Service Provider
Customers	persons to whom Fuss requests the Service Provider to supply Services
Customer Terms and Conditions	the Customer terms and conditions on the Website as may be changed from time to time
Profile	the Service Provider’s profile on the Website
Website and/or Software	downloading, installing or using any associated software and/or platform supplied by Fuss which purpose is to enable you to use the Service
In Writing	all forms of visible reproduction in permanent form (including email)

The word “including”, unless the context otherwise requires, shall mean “including without limitation”. The headings in this agreement are for convenience only and shall not affect its interpretation. References to a “person” shall include any individual, company, firm, unincorporated association or body corporate.

1. By using or receiving any services supplied to you by Fuss in connection with the supply by the Service Provider of Services to Customers (together with the website located at https://www.fuss.sg), and downloading, installing or using any associated software and/or platform supplied by Fuss which purpose is to enable you to use the Service, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at http://www.fuss.sg/terms or through the Service.
2. Fuss reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at [email protected]
3. Fuss does not provide cleaning services, and the company is not a cleaning service provider. it is up to  Service Provider to offer cleaning services which may be scheduled through use of the service or software. The company offers information and a method to obtain such third party cleaning services, but does not and does not intend to provide cleaning services or act in any way as a cleaning service provider, and has no responsibility or liability for any cleaning services provided to you by such service providers and/or third parties.


3. Fuss is only a venue

The Website and/or Software is a communications platform for enabling the connection between individuals seeking to obtain cleaning services and/or individuals seeking to provide cleaning services. The Company does not check or verify the identity or backgrounds of customers. Hence, the Company does not provide any guarantees as to the conduct of Customers or the suitability or safety of their premises. When interacting with customers, you should exercise caution and common sense to protect your personal safety, just as you would when interacting with other persons whom you don't know. By using the Service, you agree to hold the Company free from the responsibility for any liability or damage that might arise out of the transaction involved.

NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. THE COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR PROVISION OF THE SERVICE.



4. Application by Service Provider
1. The Service Provider acknowledges that in determining whether to include the Service Provider on its Website as a potential supplier of Services, Fuss relies on the accuracy and completeness of the information supplied by the Service Provider. The Service Provider promises that all such information is accurate and not misleading.
2. The Service Provider promises that he/she possesses the necessary legal, employment and immigration status to enable the Service Provider to supply Services.
3. The Service Provider promises it will promptly disclose to Fuss all matters which are material to the Service Provider’s ability and suitability to perform the Services as well as any material changes thereto.


5. Relationship between parties
1. If Fuss decides in its absolute discretion to accept the Service Provider’s application, Fuss shall include the Service Provider on the Website as a potential supplier of Services subject to the terms of this agreement. In such case, the Service Provider authorises Fuss to act as booking agent for the Service Provider whereby Fuss processes bookings, takes payment and contractually commits the Service Provider to supply Services to Customers on the basis of this agreement and the Customer Terms and Conditions.
2. The Service Provider acts an independent contractor and is/shall not be an employee of Fuss. The Service Provider shall be fully responsible for any tax, government insurance and contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with this agreement or the Services. The Service Provider shall indemnify Fuss against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable by Fuss in connection with or in consequence of any such liability, deduction, contribution, assessment or claim, other than where such liability, deduction, contribution, assessment or claim arises out of the negligence or willful default of Fuss. Fuss may at its option satisfy such indemnity (whether in whole or in part) by way of deduction from the payments due to be paid to it under this agreement.


6. Services
1. If a Service Provider accepts a contract with a particular Customer whether once-off or otherwise, the Service Provider agrees to supply Services to that Customer in accordance with the terms of this agreement. The Service Provider acknowledges that, notwithstanding any obligations of the Service Provider to Fuss herein regarding the standard of such Services, the Service Provider contracts direct with each Customer for the supply of Services and that, in the event of a dispute with the Customer, the Service Provider’s recourse is against the Customer and not Fuss.
2. The Service Provider promises that it has the necessary skills to supply the Services.
3. The Service Provider shall supply the Services in accordance with a high degree of professionalism and the highest industry standards.
4. The Service Provider shall comply with applicable laws and regulations in the supply of the Services and otherwise in connection with this agreement.
5. The Service Provider shall take reasonable steps to arrive at the Services location on time and to comply with reasonable requests by Customers in connection with the Services.
6. The Service Provider acknowledges that Fuss will notify the Service Provider of any Customer cancellation by emailand/or Whatsapp and/or Mobile SMS and it is the Service Provider’s responsibility to frequently monitor for such emails or messages.
7. The Service Provider shall promptly notify Fuss:
• If for any reason it cannot attend any scheduled visit (in which case it must promptly notify the Customer also) or otherwise becomes unable or unavailable to supply the Services as contracted;
• If it receives any complaints from Customers; and
• Of any grievance that the Service Provider may have in relation to Customers.
8. The Service Provider authorizes to Fuss to deal on his/her behalf with, and attempt to resolve, any complaint by a Customer in accordance with Fuss’s complaint procedure. The Service Provider shall not communicate with any Customer regarding a Customer complaint without Fuss’s prior approval in Writing.
9. The Service Provider shall:
• comply with any guidelines or policies (including relating to Customer complaints) that Fuss may issue from time to time in connection with the Services;
• provide reasonable co-operation to Fuss in connection with this agreement and comply with Fuss’s reasonable requirements including prompt provision of such information and documents as Fuss may reasonably request in connection with this agreement.
• declare to Fuss any criminal records in the pass 5 years from Singapore Police Spent Record E-Service: http://www.police.gov.sg/e-services/find-out/check-eligibility-for-spent-record
10. The Service Provider shall only use Customer contact information insofar as necessary to supply the Services. The Service Provider shall keep such information confidential and shall delete it on request by Fuss.
11. Fuss does not guarantee that that the Service Provider will receive any, or any particular level of, contracts or revenues from this agreement.
12. Fuss does not vet Customers and cannot provide any guarantees as to the conduct of Customers or the suitability or safety of their premises. Service Providers attend cleaning visits at their own risk. Service Providers must leave immediately if they have any concerns as to such matters.
13. The Service Provider shall not during the period of this agreement supply any services to any Customer which have not been booked via Fuss. The Service Provider shall not supply any services at all to any Customer for 6 months after the date of this agreement.


7. The Website
1. The Service Provider acknowledges that the Profile cannot be altered directly by the Service Provider. Any requests for changes to the Profile must be made to Fuss and it is in Fuss’s absolute discretion whether or not to implement such requested changes.
2. Fuss gives no guarantee as to the availability of the Website and is entitled to temporarily suspend the Website without prior notice for the purposes of repair, maintenance or improvement.
3. The Service Provider acknowledges that the Website may include Customer comments reviews / ratings (“Reviews”) relating to the Services provided by the Service Provider and that these will be publicly available for viewing. Fuss is not responsible for monitoring or editing such Reviews. The Service Provider acknowledges that such Reviews may be critical or defamatory of the Service Provider. Notwithstanding that Fuss may be aware or ought reasonably to be aware that such Reviews caused or contributed to publication of a defamatory statement about the Service Provider, the Service Provider releases Fuss from any liability in connection with such defamatory statements provided that Fuss offers the Service Provider a reasonable right of reply.


8. Personal Data
1. The Service Provider acknowledges and agrees that Fuss is entitled to process the Service Provider’s personal data in accordance with the terms of Fuss’s privacy and cookies policy which is subject to change from time to time, in accordance with the Singapore Personal Data Protection Act (No. 26 of 2012) (“the Act”). Fuss’s Privacy Policy can be found here: http://www.fuss.sg/privacy


9. Fees and Payment
1. The payments due to the Service Provider for Services are as advised by Fuss to the Service Provider during the application process. Fuss is entitled to change the payment rates by giving at least 14 days’ notice to the Service Provider in Writing.
2. The Service Provider shall be paid 1 hour of the respective day's hourly pay for cancelled bookings only if Customer cancels the booking after it has been confirmed and 24 hours or less before the scheduled start time and only to the extent provided for in Fuss’s fees policy as agreed in the Customer Terms & Conditions.
3. The Service Provider shall be levied 1 hour of the respective day's hourly pay if he / she does not turn up for the booking on the stipulated date and time, or informs Fuss 24 hours or lesser to the service date and time that they will not be able to make the booking, regardless of whether it is a cancellation or rescheduling. This penalty will be deducted from either outstanding payments not made yet, if any, or future payments.
4. The Service Provider shall not request or accept any payment direct from any Customer. All payments must go through Fuss.
5. Fuss shall use reasonable endeavours to remit payments due to the Service Provider by online bank transfer within 2 to 4 business days after the day when the relevant Services were completely provided. In the event of any Customer complaint, Fuss is entitled to withhold any payment otherwise due to the Service Provider (whether relating to Services supplied to the complaining Customer or a different Customer) such sum as it considers reasonable for such period as it considers reasonable. Fuss is entitled in its discretion to use such withheld funds to make a payment to a Customer in satisfaction of a complaint.
6. Fuss shall pay interest on overdue sums for more than 30 days after completion of service provision at 2% p.a. over the SGD Deposit rate at the time being of Development Bank of Singapore Ltd (DBS Bank (Singapore)).


10. Liability and Indemnity
1. Any provisions in this agreement excluding or limiting liability will apply regardless of the form of action, whether under statute, in contract or tort including negligence or otherwise. Nothing in this agreement in any way excludes or restricts either party’s liability for negligence causing death or personal injury or for fraudulent misrepresentation or for any liability which may not legally be excluded or limited.
2. Fuss shall not be liable for breach of this agreement unless the Service Provider has given Fuss prompt written notice of the breach and a reasonable opportunity thereafter to rectify the breach at Fuss’s expense.
3. The liability of Fuss under or in connection with this agreement in respect of for any act or omission or any series of connected acts or omissions shall be limited to the amount paid to the Service Provider in the six months preceding the act or omission complained of.
4. In no circumstances shall Fuss be liable for any consequential, indirect or special damages or for economic losses (including without limit, loss of revenues, profits, contracts, business or anticipated savings) or for damage to or loss of data or for damage for loss of reputation.
5. Both parties exclude all terms that are not expressly stated herein, including but not limited to any implied warranties as to quality, fitness for purpose or ability to achieve a particular result.
6. The Service Provider shall indemnify and hold harmless Fuss and its successors, assigns, parent, subsidiaries and affiliates, and its directors, officers, employees, and agents against all losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of the breach by the Service Provider of this agreement or supply of Services by the Service Provider. Fuss shall have the right to withhold its reasonable estimate of the total damages and costs from sums otherwise payable to the Service Provider pursuant to this or any other agreement between the parties, and to apply such sums to payment of such damages and expenses. Fuss shall have the sole right to control the defence and settlement of any such claim save that Fuss shall consult with the Service Provider prior to any settlement. The Service Provider agrees to provide reasonable assistance to Fuss at the Service Provider’s expense in the defence of same.
7. Fuss is only a venue. The Service Provider must take reasonable steps to ensure his or her own safety and well-being at all times during the undertaking of tasks as requested by the homeowner. Fuss strongly discourages service providers from undertaking any tasks which may present danger to the homeowner and the service provider(s). Neither the customer nor its occupiers in the premises, the service provider or any other third parties that may or may not be involved in the transaction can hold Fuss liable for any injuries, death, sustained to the customer, its occupants and the service provider(s). Fuss will also not be liable for any injuries sustained, future loss of income, any bills and expenses arising out of the usage of Fuss.


11. Termination and Suspension
1. Fuss may in its absolute discretion at any time whether with or without cause and whether with or without notice immediately (1) suspend the Service Provider from the Fuss Services including removal of the Service Provider’s Profile from the Website and/or (2) terminate this agreement. For the avoidance of doubt, Fuss’s foregoing rights of suspension and termination apply notwithstanding any “three chances” or other policy which Fuss may maintain relating to suspension / termination of service providers.
2. The Service Provider may terminate this agreement at any time by giving at least 14 days’ notice in Writing to Fuss.
3. Upon termination of this agreement for any reason:
• accrued rights and liabilities will be unaffected;
• the Service Provider’s Profile shall be removed;
• the Service Provider shall cease supplying Services;
• Fuss shall cease supplying the Fuss Services; and
• all clauses which are expressed or clearly intended to survive termination together with any other provision necessary for the interpretation or enforcement of this agreement.


12. Confidentiality
1. You shall keep in confidence any information in any form (including oral) of a confidential nature obtained in connection with this agreement (including the terms of this agreement) and shall not without our prior written consent use that information other than for the purposes of this agreement or disclose it to any person.


13. Notices and Service
1. Any notice or other information required or authorised by this agreement to be given by any party may be given by hand or sent (by snail mail) to another party at its registered office or such other address as that party may notify to the other party for this purpose from time to time or, unless stated otherwise, by email (provided that the email has not been returned).
2. Any notice or other information given by post which is not returned to the sender as undelivered shall be deemed to have been given on the second day after the envelope containing the same was so posted and proof that the envelope containing any such notice or information was properly addressed pre-paid, registered and posted, and that it has not been so returned to the sender, shall be sufficient evidence that such notice or information has been duly given.


14. General
1. This agreement constitutes the entire agreement between the parties with respect to its subject matter and supercedes any previous communications or agreements between the parties. Both parties acknowledge that there have been no misrepresentations and that neither party has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
2. Neither party is liable for breach of this agreement if the failure or delay is caused by any circumstances beyond the party’s reasonable control.
3. Unless otherwise stated in this agreement, no amendment or variation of this agreement shall be effective unless in Writing (not email), expressed to be an amendment to this agreement and signed by a duly authorised representative of each of the parties.
4. The Service Provider may not assign the whole or any part of its rights or obligations under this agreement without the prior written consent of Fuss, not to be unreasonably withheld or delayed.
5. The failure of a party to exercise or enforce any right under this agreement shall not he deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter.
6. If any provision of this agreement is held to be unlawful, void or unenforceable in whole or in part, this agreement shall continue in force in relation to the unaffected provisions and the remainder of the provision in question, and the parties will renegotiate the offending provision in good faith to achieve the same objects.
7. Save insofar as expressly provided otherwise in this agreement, no third party may enforce any clause in this agreement under the Contracts (Rights of Third parties Act) 2002.
8. This agreement shall be governed by and construed in all respects in accordance with the laws of the Republic of Singapore and each party hereby submits to the exclusive jurisdiction of the Singapore Courts.


Last updated on 9th Mar 2017.