eMoppers Service Agreement
This eMop Service Agreement (the “Agreement”) sets out the terms and conditions whereby you, a self employed contractor (commonly referred too as “eMopper”), agree to provide cleaning services to third party customers that may, from time to time, be referred to you via the eMop Ltd web-based service platform1. BACKGROUND STATEMENT
1.1. eMop Ltd (“eMop”, “we”, “us”) are the developers and owner of a technology platform that creates a marketplace to connect potential clients (“Customers”) with self employed domestic cleaners (“eMoppers”), for the purpose of providing home and/or office cleaning (“Cleaning Services”).
1.2. eMop Ltd is a company registered in England and Wales under registration number 10643724, and our registered office is 7-12 Tavistock Square London UK WC1H 9B.
1.3. eMop provides its service via a web-based and mobile application-based portal (the “eMop Platform”) through which Customers may connect with a network of eMoppers with whom they may arrange Cleaning Services.
2. RELATIONSHIP OF THE PARTIES
2.1. The eMopper has entered into this Agreement for the purpose of having access to the eMop Platform and the exclusive marketplace for services thereby created by eMop.
2.2. eMop does not provide the Cleaning Services described in this Agreement and does not employ individuals to perform Cleaning Services. As such, eMoppers are not employees of eMop and are not entitled to employee rights or beneifts.
2.3. eMop’s role is limited to offering the eMop Platform as a referral tool for Customers and eMoppers, facilitating payments from Customers to eMoppers, acting as a third party to Customers and eMoppers in case of any disputes between the Customers and the eMoppers, and setting cleaning standards that the eMoppers should follow to provide a high quality service to Customers.
2.4. This Agreement shall not be construed to create any association, partnership, joint venture, employee, worker or agency relationship between eMopper and eMop or any Customer for any purpose. An eMopper has no authority (and shall not hold himself or herself out as having authority) to bind eMop in any way and shall not make any agreements or representations on eMop’s behalf without eMop’s prior written consent.
2.5. Each eMopper understands that as they are not employees of eMop, but independent contractors, they are not entitled to any employee benefits from eMop.
3. PLATFORM TERMS OF USE
3.1. Before being able to access the eMop Platform, an eMopper must also review and agree to the Terms and Conditions of the eMop Platform. To the extent the Terms and Conditions are inconsistent with this Agreement, this Agreement shall prevail.
3.2. From time to time, Customers will post requests for Cleaning Services on the eMop Platform, setting out the nature of the Cleaning Services required. These postings, referred to as “Jobs” will include such details as date, address, location and time at which the Cleaning Services are requested.
3.3. The eMop Platform will ‘estimate’ the required time for the Job, based on the Customer’s requirements. All eMoppers acknowledges and accepts that the time estimated to undertake the Job is an estimation only. The ‘actual’ Job duration may be either shorter or longer than the time shown in the order, depending on various factors.
3.4. Registered eMoppers will then have the opportunity to review the Jobs on the eMop Platform, and select those Jobs that meet eMopper’s preferred specifications, taking into consideration start time, duration, location and quoted fee.
3.5. eMop does not guarantee that a minimum number of Jobs will be available to the eMopper at any point during the term of this Agreement. eMop simply provides the eMop Platform.
3.6. Once an eMopper selects a Job, the eMop Platform confirms the Job has been picked up by the Job is removed from the available Jobs board, so that other eMoppers cannot accept that particular Job.
3.7. Upon acceptance of the Job, a contract is then formed directly between the Customer and the eMopper to secure the Job. The eMopper hereby appoints eMop to be its agent for the purposes of entering into the said contract on their behalf with the Customer, and hereby authorises eMop, as their agent, to disclose to the Customer personal details such the eMoppers name and phone number.
3.8. To ensure that the eMop Platform remains a reliable source of referrals and to ensure all eMoppers are able to have access to available Jobs, once an eMopper has been assigned a Job, the eMopper is contractually obliged to complete the Job within the work time specified, and to the satisfaction of the Customer.
3.9. If an eMopper fails to provide the Service in accordance with the contract terms, then this may result in a breach of contract, for which the eMopper will be liable.
3.10. It is imperative that eMoppers uphold the good reputation of eMop. Any eMopper found to be in breach of contract without good reason, will not be permitted to undertake any futher Jobs via eMop.
3.11. eMop invests considerably in advertising and attracting customers to use our platform, therefore we condemn eMoppers offering our clients their private services. Please be aware that in the event we find out that you are soliciting customers to work privately, you will be fined £100 and deactivated immediately from the eMop platform.
4. APPLICATION PROCESS
4.1. Before registering on the eMop Platform each eMopper will be screened to confirm identity, address history, right to work in the UK and criminal record history (Disclosure and Barring Service check (DBS) which must be paid for by the prospective eMopper.
4.2. Successfully registered eMoppers are required to pay a small refundable deposit (“Deposit”) before they can commence a Cleaning Service. This Deposit will be used to cover possible penalties and damages as described in Appendix 1. Upon termination of this contract, the eMopper will be paid partly or fully the remaining part of the Deposit.
5. JOB CANCELLATION
5.1. eMop has worked hard to become known as a professional, trusted and reliable service. Our reputation is everything, and we expect our eMoppers to uphold our reputation and reliability. We don’t expect eMoppers to cancel Jobs at short notice for no good reason, and while we try to be as flexible as possible when it comes to genuine emergencies, cancelling jobs at short notice will be penalised according to the rates in Appendix 1.
6. JOB SPECIFICATION
6.1. Each eMopper understands and agrees that their failure to complete a Job in accordance with Customer’s specifications as requested on the eMop Platform, constitutes a material breach of this Agreement and may result in the eMopper being penalised, as set out at Appendix 1, or the termination of this Agreement in accordance with Section 10.
Customer Ratings
6.2. Each eMopper acknowledges that the eMop Platform is intended to refer Customers only to those eMoppers who maintain the highest standards of professionalism and quality of service.
6.3. eMoppers acknowledges that the Customer may review and rate an eMopper at the end of a particular Job. Each eMopper agrees to maintain the eMop cleaning standards provided during induction and show professionalism at all times. By doing so an eMopper should maintain a strong Customer rating at or above the minimum rating established by eMop. It is alo in the eMoppers own interest to maintain a strong Customer rating, a Customers are often influenced by the experiences of previous Customers.
6.4. In the event that the eMopper’s aggregate Customer rating falls below the applicable minimum rating, eMop reserves the right to deactivate that eMopper’s access to the eMop Platform.
7. SERVICE FEES
7.1. Customer shall pay for completed Jobs through the eMop Platform at the rates quoted by eMop at the time the Job is posted on the eMop Platform. Current Job rates are described in Appendix 2.
7.2. Each Job made available to the eMopper on the eMop Platform shall set out the work time estimated, location, details about the Cleaning Service requested, the Job rate, and the estimated eMopper fee (“Service Fee”) the eMopper shall be entitled to upon completion of the Job.
7.3. The difference between the Job rate and Service Fee shall be the fee owed to eMop Ltd for providing the eMop Platform (“Booking Fee”), referring the Job, and facilitating the payment from Customer to eMopper.
7.4. Service fees can be increased if an eMoppers achieves KPIs, and any additional Service Fees shall be paid as a bonus once per month. Bonuses for meeting KPIs are discretionary and can be reviewed from time to time or withdrawn by eMop.
7.5. eMop reserve the rignt to amend Job rates and Service Fee rate from time to time. Where eMop contemplates a change in the pricing or fee structure, then any change will be effective upon written notification to the eMopper and will supersede all prior versions.
7.6. When the Job is completed you, the eMopper will submit on the Platform confirmation, via the Mobile App, that the Job is completed. Upon confirmation, the Customers will be automatically charged for the ‘actual’ Job provided.
7.7. By signing this Agreement you, the eMopper, authorise eMop to withhold eMop’s Booking Fee, and any other applicable fees from the payment made by the Customer for each Job.
7.8. When funds have been released form the Customers bank, the eMopper’s service fee will be then credited to their account in the eMop Platform. An eMoppers account balance will be credited (by way of bank transfer) to the eMoppers bank account 9 calendar days (nine) after the end of the working week in question. For the avoidance of doubt, the eMop working week commences each Monday, and ends at midnight each Sunday. (For example, for the week ending Sunday the 08 September 2019, our eMoppers will receive payment on 17 September 2019).
7.9. The funds transferable to the eMoppers bank account wil be less eMops fees, and any additional fees, such as compensation paid to a Customer or insurance excess.
It is the responsibility of all eMoppers as self employed individuals to pay any UK Government taxes or National Insurance owed on the payments received from eMop. eMop is not the eMoppers employer and not responsblie for the eMoppers UK Government taxes or National Insurance.
8. EQUIPMENT
8.1. It is essential that all eMoppers possess a smartphone capable of accessing the eMop Platform in order to book Jobs.
8.2. The customer can book a cleaning service with or without cleaning products.
8.3. In case the customer places an order with cleaning products, eMopper is requested to use environmentally-friendly cleaning products Ecover. eMoppers are paid 2£ additionally for orders with cleaning products Ecover.
9. LIABILITY
9.1. Each eMopper shall defend, indemnify and hold harmless eMop and its affiliates and their officers, directors, employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable legal fees) arising out of or resulting from: (a) bodily injury, death of any person, theft or damage to real or tangible, personal property resulting from eMopper’s acts or omissions; and (b) eMopper’s breach of any representation, warranty, or obligation under this Agreement.
9.2. This Agreement may not be amended, by implication or otherwise, by any marketing material contained on eMop’s website or the eMop Platform. Nothing contained in this provision or this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.
9.3. eMopper acknowledges that he/she has read and understands this Agreement and also acknowledges that he/she had a reasonable and adequate opportunity to seek and receive independent legal advice, at the eMopper’s own expense, prior to signing this Agreement.
10. TERMINATION
This Agreement may be terminated by:
BY CHECKING THE BOX STATING I AGREE TO THE SERVICE eMOPPER AGREEMENT, YOU HEREBY AGREE TO THIS SERVICE eMOPPER AGREEMENT.
You understand that your electronic signature is as legally binding as a handwritten signature.
| Description | Fee |
| The eMop platform activation, a refundable deposit[1] | £20 |
| Job Cancellation Fee – less than 12 hours the start time | £40 |
| Late Arrival Fee – delay of 30 mins before the start time | £10 |
| No Show Fee is applied if the eMopper never arrived at the location and had not informed the eMop Support Desk about his/her cancellation. | £40 |
| No cleaning products Ecover- eMoppers are required to bring Ecover cleaning products if the client books a cleaning with Ecover | £6 |
Payment rates
| Type of job | Bronze | Silver | Gold |
| One-off (8:00-22:00) | £10/h | £11/h | £12/h |
| Subscription (8:00-22:00) | £10/h | £11/h | £12/h |
| Same day (8:00-22:00) | £15/h | £15/h | £15/h |
| Night (22:00-8:00) | £20/h | £20/h | £20/h |
1. Introduction
eMop accepts that accidents do happen. It is important for eMoppers to understand how we manage any damage claims in a professional manner.
Common claims that could be made against eMoppers include claims for theft, damage to property worked upon, treatment risks and failure to secure a customer’s premises.
2. eMops insurance Policy
The eMop insurance policy excludes the first £250 of any damage claim (for example – similar to damage excess claims on motor insurance). It is eMop policy that the eMopper, being independent contractors, is therefore responsible for any damage up to the sum of £250 (see below).
Damage below £250
If the damage caused falls below £250, then the eMopper will therefore pay that lesser amount as the amount is less than the insurance threshold. (For example, if the eMopper breaks a table costing £100 to fix or replace, then that £100 will have to be paid directly by the eMopper).
If the eMopper is unable to pay the amountowed, it may be taken directly from the eMoppers account, or from upcoming eMop payments.
Damage over £250
If a damage claim is for over £250, then the eMopper must pay the first £250, and the insurance will covert the remainder. (For example, if a sofa is damaged and costing £750 to repair, then the first £250 is paid by the eMopper, and the reaminedr by the insurance company).
3. What our insurance policy does not cover
eMops insurance does not apply to loss of or damage to any property belonging to you, the eMopper, or for any property which at the time of the loss or damage is in your care, custody or control.
eMop doesn’t cover any damage even above £250 if you used non-authorized cleaning products from eMop.
The eMop insurance cover applies subject to the damage being ‘sudden and immediate’ (rather than over a long period of time) provided that this damage or loss is caused by the negligence or omission of the eMopper.
4. Disputed Claims
In case a cleaner does not admit the fault, eMop makes a decision based on the evidence supplied by a customer and the eMopper, and eMoops decision is final.
1. Job Safety
While eMop Ltd do care for the health and safety of all eMoppers, it is ultimately each eMoppers own responsibility for their wellbeing and safety.
However, we kindly ask you to follow eMop rules and namely:
2. Product Safety
Please follow eMop recommendations regarding the usage of cleaning products:
3. Incident Reporting
Please inform eMop as soon as possible regarding any health issues you may be experiencing following the use of certain products.
We will be able to help you if you report about the incident immediately.
4. Confirmation
I confirm that I have read and understood the eMop Health and Safety Statement, and the Health and Safety Executives guidance for Lone Workers attached to these Appendices.
I understand it is my responsibility as a self-employed contractor to look out for my own wellbeing and safety, and I shall have no claim against eMop Ltd regarding any breaches of safety.
Original document is here https://www.hse.gov.uk/pubns/indg73.pdf
Introduction
This leaflet provides guidance on how to keep lone workers healthy and safe. It is aimed at anyone who employs or engages lone workers, and also at self-employed people who work alone.
Following the guidance in the leaflet is not compulsory, but it should help employers understand what they need to do to comply with their legal duties towards lone workers under:
Is it legal to work alone and is it safe?
Working alone is not in itself against the law and it will often be safe to do so. However, the law requires employers to consider carefully, and then deal with, any health and safety risks for people working alone.
Employers are responsible for the health, safety and welfare at work of all their workers. They also have responsibility for the health and safety of any contractors or self-employed people doing work for them.
These responsibilities cannot be transferred to any other person, including those people who work alone.
Workers have responsibilities to take reasonable care of themselves and other people affected by their work activities and to co-operate with their employers in meeting their legal obligations.
Who are lone workers and what jobs do they do?
Lone workers are those who work by themselves without close or direct supervision, for example:
In fixed establishments
As mobile workers working away from their fixed base
How must employers control the risks?
Employers have a duty to assess risks to lone workers and take steps to avoid or control risks where necessary. This must include:
This may include:
Risk assessment should help employers decide on the right level of supervision. There are some high-risk activities where at least one other person may need to be present. Examples include:
Employers who have five or more employees must record the significant findings of all risk assessments.
Employers also need to be aware of any specific law that prohibits lone working applying in their industry. Examples include supervision in diving operations, vehicles carrying explosives and fumigation work.
Further information about controlling risks can be found on the HSE website at: www.hse.gov.uk/toolbox/.
What must employers consult on?
By law, employers must consult all their employees on health and safety matters.
Effective consultation will also help ensure that relevant hazards are identified, and appropriate and proportionate control measures are chosen.
You can find more advice on HSE’s website: www.hse.gov.uk/toolbox/managing/consulting.htm.
Which particular problems affect lone workers?
Lone workers should not be put at more risk than other employees. Establishing a healthy and safe working environment for lone workers can be different from organising the health and safety of other employees. Some of the issues that need special attention when planning safe working arrangements are set out in the following pages, but your risk assessment process should identify the issues relevant to your circumstances.
Can one person adequately control the risks of the job?
Employers should take account of normal work and foreseeable emergencies, eg fire, equipment failure, illness and accidents. Employers should identify situations where people work alone and consider the following:
If a person has a medical condition, are they able to work alone?
Employers should seek medical advice if necessary. Consider both routine work and foreseeable emergencies that may impose additional physical and mental burdens on an individual.
Why is training particularly important for lone workers?
Training is particularly important where there is limited supervision to control, guide and help in uncertain situations.
Training may also be crucial in enabling people to cope in unexpected circumstances and with potential exposure to violence and aggression.
Lone workers are unable to ask more experienced colleagues for help, so extra training may be appropriate. They need to be sufficiently experienced and fully understand the risks and precautions involved in their work and the location that they work in.
Employers should set the limits to what can and cannot be done while working alone. They should ensure workers are competent to deal with the requirements of the job and are able to recognise when to seek advice from elsewhere.
How will the person be supervised?
The extent of supervision required depends on the risks involved and the ability of the lone worker to identify and handle health and safety issues.
The level of supervision needed is a management decision, which should be based on the findings of a risk assessment, ie the higher the risk, the greater the level of supervision required. It should not be left to individuals to decide whether they need assistance.
Where a worker is new to a job, undergoing training, doing a job that presents specific risks, or dealing with new situations, it may be advisable for them to be accompanied when they first take up the post.
Monitoring
Procedures must be put in place to monitor lone workers as effective means of communication are essential. These may include:
What happens if a person becomes ill, has an accident, or there is an emergency?
Your assessment of the risks should identify foreseeable events. Emergency procedures should be established and employees trained in them.
Information regarding emergency procedures should be given to lone workers. Your risk assessment may indicate that mobile workers should carry first-aid kits and/or that lone workers need first-aid training. They should also have access to adequate first-aid facilities.
Find out more
Homeworkers: Guidance for employers on health and safety Leaflet INDG226(rev1) HSE Books 2011 www.hse.gov.uk/pubns/indg226.pdf
Manual handling. Manual Handling Operations Regulations 1992 (as amended). Guidance on Regulations L23 (Third edition) HSE Books 2004
ISBN 978 0 7176 2823 0 www.hse.gov.uk/pubns/books/l23.htm
Violence at work: A guide for employers Leaflet INDG69(rev) HSE Books 1996 www.hse.gov.uk/pubns/indg69.pdf
Managing work-related violence in licensed and retail premises Leaflet INDG423 HSE Books 2008 www.hse.gov.uk/pubns/indg423.pdf
Working with substances hazardous to health: A brief guide to COSHH Leaflet INDG136(rev5) HSE Books 2012 www.hse.gov.uk/pubns/indg136.htm
Working at height: www.hse.gov.uk/toolbox/height.htm
Other sources of advice: You may be able to get additional information from your trade association or employers’ organisation, or from trade unions and some charities, eg the Suzy Lamplugh Trust.
Further information
For information about health and safety, or to report inconsistencies or inaccuracies in this guidance, visit www.hse.gov.uk/. You can view HSE guidance online and order priced publications from the website. HSE priced publications are also available from bookshops.
This guidance is issued by the Health and Safety Executive. Following the guidance is not compulsory, unless specifically stated, and you are free to take other action. But if you do follow the guidance you will normally be doing enough to comply with the law. Health and safety inspectors seek to secure compliance with the law and may refer to this guidance.
© Crown copyright If you wish to reuse this information visit www.hse.gov.uk/ copyright.htm for details. First published 05/13.
[1] eMopper should keep the deposit not less than £40. In case it falls below this level it should be replenished first before accepting new Jobs.