Our terms and conditions will be valid as of May 1, 2018. From this date, new customers must read and accept the terms to continue enjoying our Service.

TERMS AND CONDITIONS

These Terms and Conditions regulate the access or use that you make, as a person, from Colombia or another part of the world that makes use of the website, applications (Android/ IOS), content, products, and services made available by Serv S.A.S., a limited liability simplified stock company incorporated in Colombia, with registered office in Bogotá, Colombia, registered in the Chamber of Commerce of Bogotá with NIT 901169432-3.

Following law 1482 of 2011, SERV S.A.S highlights its character as a contact portal. For this reason, it makes available to users the information of the cleaning staff for which the Service has been scheduled, each time its work is limited to providing intermediary services to whoever requests or performs the Service.

READ THESE CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

This document sets the guidelines, conditions, and terms under which the USER or the CLIENT may access the Service provided by the Company Serv S.A.S. (the “COMPANY”) through its platform “Serv.” The use of the Service by the same is a formal declaration of the acceptance of all the TERMS AND CONDITIONS included herein and consequently of all the legal effects emanating from the same.

The USER and/or the Client, by your access and use of the Services, consider yourself to be legally bound by these Terms, which establish a contractual relationship between you and Serv. If you do not accept these Terms, you may not access or use the Services. These Terms supersede any prior agreements or undertakings with you. Serv may immediately terminate these Terms or any of the Services for you or generally cease offering or deny access to the Services or any part thereof at any time and for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity, or promotion, and such additional terms will be communicated to you in connection with the applicable Services. Supplemental terms are outlined in addition to and shall be deemed a part of the Terms for purposes of the appropriate Services. The Supplemental Terms shall prevail over the Terms in case of a conflict concerning the applicable Services.

Serv may modify the Terms relating to the Services from time to time. Modifications will be effective upon Serv’s posting such updated Terms at this location or the revised policies or supplemental terms on the applicable Service. Your continued access to or use of the Services after such posting constitutes your consent to be bound by the Terms and any modifications.

 

1. DEFINITIONS:

For purposes of the execution of these TERMS AND CONDITIONS, the following definitions shall apply:

• COMPANY: SERV S.A.S., in its capacity as the legal entity in charge of providing the Service offered through its Serv brand, which is marketed through the web page www.servpremium.com.
• PLATFORM OR SITE: The web page www.serv.com.co the telephone numbers published on page 6 475 565 557, and the applications for Android and IOS, which Serv uses in its capacity as computer and/or technological channels through which the CLIENTS can acquire the services offered by the COMPANY and communicate with the same to resolve any doubts related to said services.
• CLIENT: The natural or legal person who makes the quotation, reservation, payment, cancellation, modification, and/or any other action directly related to the services offered by the Company through the PLATFORM.
• USER: The natural or legal person who visits the PLATFORM without the need to make a quotation, reservation, payment, cancellation, modification, and/or any other action directly related to the services offered by the Company through the PLATFORM or by performing it.
• DATA PROCESSING POLICY: The document attached was prepared in accordance and compliance with the provisions of the Political Constitution, Law 1581 of 2012, the Regulatory Decree 1377 of 2013, and other complementary requirements which Serv S.A.S. will apply), regarding the collection, storage, use, circulation, deletion and all those activities that constitute processing of personal data.
• CLEANING PROFESSIONAL – SERVER: The worker of the platform in charge of providing the services contracted by the CLIENT, whether it is integral cleaning. The Service is provided by third-party independent contractors not employed by Serv or any of its affiliates.
• BOOKING TICKET: Form that the CLIENT fills out through the PLATFORM to book one or more cleaning services, in which all personal data of the CLIENT are recorded, in addition to those necessary for the provision of the Service.
• SERVICE ORDER: Electronic document sent to the CLIENT employing an electronic document accessible on the PLATFORM, which confirms the CLIENT’s reservation of one or more toilet services.
• CLAIMS FORM: Electronic document that is sent to the CUSTOMER, in case the CUSTOMER so requires, by email so that the CUSTOMER can report to the COMPANY any deterioration, damage, or any other type of inconvenience that may arise during the provision of the Service.
• EVALUATION FORM: Electronic document sent to the CUSTOMER so that they can evaluate the cleaning service provided by the COMPANY.

 

2. VISIT THE SITE:

The USER, by accessing the SITE, manifests to be able and meet the conditions and requirements to access the Service provided by the Company Serv S.A.S. through its PLATFORM.
Visiting the SITE, either on its home page and/or any of the linked pages, confers upon you the condition of USER of the SITE and constitutes your complete and unreserved adherence to every one of the clauses outlined in these TERMS AND CONDITIONS. If you do not agree in whole or part with them, you must refrain from continuing to visit the SITE, under penalty of total acceptance.

3. CANCELLATION OF THE SITE:

In case of total or partial cancellation of the SITE, the limitations of liability, indemnities, and other concessions shall survive.

4. DEFINITION AND SCOPE OF SERVICE:

Serv S.A.S., through its PLATFORM, offers comprehensive professional cleaning services for any residential and/or commercial property through personnel selected, trained, and hired directly and exclusively by the COMPANY, making use of the cleaning elements delivered by the CLIENT or those that the CLIENT acquires through the PLATFORM, which must be at the disposal of the assigned CLEANING PROFESSIONAL.

The services offered by the COMPANY through its PLATFORM include:

• Integral cleaning of the different surfaces of the premises.
• Laundry.
• Ironing of clothes.
• Food preparation.
• Washing of furniture, mattresses, and roll-up rugs.
• Disinfection of rooms

Finally, the SITE also offers USERS the possibility to buy products for their cleaning if they consider it necessary.

 

5. WHAT IS MEANT BY EACH SERVICE?

• INTEGRAL CLEANING OF THE DIFFERENT ENVIRONMENTS OF THE PROPERTIES: The CLEANING PROFESSIONAL is authorized to perform: the cleaning of beds (change of linen, laying), cleaning of floors (sweeping, mopping, vacuuming), dusting, deep cleaning of bathrooms, deep cleaning of kitchens (washing of dishes, cleaning of appliances and kitchen elements), cleaning of surfaces (when the same do not involve work at heights); The tasks will be carried out using the cleaning supplies and tools provided by the CLIENT (whether their own or acquired through the PLATFORM) and taking into account the recommendations and care indicated by the CLIENT at the beginning of the Service, whenever the client requires the particular use of machinery, instruments, or tasks that have not been previously described, they must communicate with SERV to verify that the Service is within the allowed ranges of action and within the training that SERV carries out once (without meaning labor subordination). Tasks may be modified by Serv S.A.S. as needed.
• CLOTHING WASHING: The CLEANING PROFESSIONAL may perform: hand washing or washing machine/dryer (when they have the same, as long as it is a Service purchased and authorized by the CLIENT), using the cleaning elements (soap, softener, etc.), which for this purpose is made available by the CLIENT (either own or purchased through the PLATFORM) and under what is indicated by the same at the beginning of the Service. It shall be the CLIENT’s responsibility to reveal the care and recommendations taken into account by the CLEANING PROFESSIONAL at the time of performing the task, as well as to instruct how to use the washer and dryer to avoid inconveniences. Likewise, the CLIENT must previously separate the delicate clothes by color.
• IRONING OF CLOTHING: The CLEANING PROFESSIONAL will be able to do: the ironing of clothes, making use of the instrument (regular iron or steam iron) that the CLIENT has before acquisition and authorization thereof; The CLIENT must inform the CLEANING PROFESSIONAL of the special care to be taken with the garments and the instruments to be used for the same. Additionally, the CLIENT must have a suitable platform (ironing table or similar) for the performance of the task. Otherwise, the CLEANING PROFESSIONAL shall be authorized to refuse to provide the Service.

Provide liquids (water, juices, or anything related) to our CLEANING PROFESSIONAL to regulate body temperature and prevent dehydration.

• BASIC FOOD PREPARATION: The CLEANING PROFESSIONAL will be able to perform: Preparation of food, making use of the instruments provided by the CLIENT, with prior acquisition and authorization of the same; THE CLIENT shall inform the CLEANING PROFESSIONAL of the special care to be taken with the food and instruments to be used for the same. Additionally, the CLIENT must have a suitable platform (sufficiently equipped kitchen) for the performance of the task; otherwise, the CLEANING PROFESSIONAL shall be authorized to refuse to provide the Service.
• WASHING OF FURNITURE, RUGS, AND MATTRESSES: THE CLEANING PROFESSIONAL may perform: Cleaning of mattresses, furniture, carpets, and rugs, using the instruments provided by the SERVER® Cleaning Professional, with prior acquisition and training of the same; THE CLIENT must inform the CLEANING PROFESSIONAL of the special care that must be taken with the furniture and fixtures where the procedures are to be performed, the CLIENT must have a suitable place (that has a siphon and has no problem with being wet), for the performance of the task; otherwise the CLEANING PROFESSIONAL will be authorized to refuse to provide the Service.
• DISINFECTION OF ENVIRONMENTS: THE CLEANING PROFESSIONAL may perform: Disinfection of spaces, making use of the instruments provided by the SERVER® Cleaning Professional, with previous acquisition and training of the same; THE CLIENT shall inform the CLEANING PROFESSIONAL of the special care to be taken with the spaces and furniture where the activity is performed.

It is the responsibility of the CLIENT to have a safe and protected environment in any case, with the proper safety elements to protect the SERVER® in case of an emergency.

PARAGRAPH: It is important to remember that the CLEANING PROFESSIONAL must finish the ironing task at least 30 minutes before the end of the shift to avoid health risks.

FIRST PARAGRAPH: The above activities are delimited in consideration of the working day contracted by the CUSTOMER and the needs of the CUSTOMER. That is to say, although the CLIENT does not have any labor relationship with the CLEANING PROFESSIONAL, they may communicate to them at the beginning of each day which of the permitted activities contained in the clause of this document they wish the same to perform in the Service as well as their indications, recommendations, care, and priorities.

SECOND PARAGRAPH: Any consideration or additional care regarding the points mentioned above that the CLIENT considers of utmost relevance can be informed to SERV through the SITE or by email to the address: info@serv.com.co. Before the provision of the services, all special care not disclosed by the CLIENT may not be later claimed or claimed by the CLIENT.

THIRD PARAGRAPH: The services may have surcharges when their demand increases or are required on Sundays or holidays.

FOURTH PARAGRAPH: If products and/or machines are required as a complement to the services, they may be accepted as additional; if the client provides them, the client must provide the training and specific user manuals for each one, and these, in turn, would be used under its responsibility.

FIFTH PARAGRAPH: The services may have surcharges outside the city’s urban area, corresponding to the extra values the professional SERVER has to incur while performing the Service.

 

6. REPORTING:

6.1. IN CASE OF INCIDENT AND/OR SUSPICION OF THEFT AND/OR DAMAGE: The CLIENT must report any object of value (Greater than COP 200.000) that requires special care at the time before the performance of the Service; in any case that the object is not reported, SERV S.A.S. is not responsible for objects, things, household goods, garments, and another movable property that the client manifests as damaged, lost and/or stolen from your home and/or office, without this has not been previously reported.

SERV S.A.S. declares that following the Colombian Political Order, each case will be reviewed according to Article 29 of the Colombian Political Constitution and the Colombian Penal Code. In duly proven cases, SERV S.A.S. shall be jointly and severally liable for the damages caused.

The CLIENT, the owner of the lost object and the direct victim of this case, has the right to initiate a legal process so that the corresponding authorities can define the crime and its consequences for the person who committed it. Should this situation arise, SERV S.A.S., as an employer, makes all the information required to resolve the matter to the authorities.

For the benefit of the parties, THE SERVER must not be left unsupervised, and if so, it will be under the absolute responsibility of the client.

6.2. IN ALL CASES WHERE THERE IS AN ALLEGED LOSS, THEFT, AND/OR DAMAGE: The CLIENT shall attach all evidence confirming the facts occurred (Purchase invoices, videos, photos of the points). Subsequently, an administrative investigation will be carried out; being an individual act of a potentially criminal nature that, therefore, is the personal responsibility of the person who allegedly committed it, the Company carries out an administrative investigation to determine the possible responsibility of the person and, in case the worker admits having committed the act, the Company will act as an intermediary to make the worker respond directly for the criminal act committed.

For all cases where they perform activities within the services requested through the app by the customer and within our terms and conditions, the object has been duly reported and has a value not exceeding C.O.P. $200,000; SERV will be joint in solving the problem or accident, always safeguarding the integrity of the objects that the customer has.

THE CLIENT must report in any of the cases of the alleged damage, loss, or theft, report with a maximum of 24 hours in advance, counted from the start time of each Service, evidence and timely notice so that the Company SERV S.A.S. has enough time to conduct the corresponding investigation, in any case, that exceeds the reporting time, SERV S.A.S. is not responsible for the act occurred, however, will always be joint. Several at all times to provide information to clarify the situation presented.

 

7. WHAT ACTIVITIES CAN NOT BE PERFORMED BY THE CLEANING PROFESSIONAL?

Remember that our cleaning professionals are hired exclusively for the cleaning, cleaning, and disinfection services established previously in the document.

Under the above, the CUSTOMER may not request the CLEANING PROFESSIONAL to perform any activity other than those mentioned above. If they do so, the same shall be at their own risk, and the COMPANY shall in no case be liable for any damages their actions may cause.

In addition, the following tasks, services, and/or activities are expressly prohibited:

• CARE OF CHILDREN OUTDOORS: The CLIENT may not leave in charge of the CLEANING PROFESSIONAL a minor (between 0 and 18 years old), and the CLEANING PROFESSIONAL may not access the care of this; the same must be supervised throughout the duration of the shifts or services by a family member of legal age outdoors.
• CARE OF SICK PEOPLE OUTDOORS: The CLIENT cannot leave in charge of CLEANING PROFESSIONAL people who are in a health condition that requires special medical care because they do not have the quality of health professionals and therefore are not authorized to access the care of people outdoors.
• CARE OF ADULTS OUTDOORS: The CLIENT may not leave in charge of the CLEANING PROFESSIONAL persons who require special care and who cannot fend for themselves outdoors.
• PET CARE OUTDOORS: The CLIENT may not leave pets of any kind in the care of the CLEANING PROFESSIONAL, nor may the CLIENT ask the CLEANING PROFESSIONAL to perform pet-related tasks outdoors.
• MAKING PURCHASES: The CLEANING PROFESSIONAL is not authorized to leave the premises with the CLIENT’s money and make purchases of any kind, such as market items, cleaning, medicines, clothes, etc. Therefore, it is essential to emphasize that the CLIENT must have all the cleaning elements before the beginning of the Service so that it can be carried out effectively.
• PAYING RECEIPTS: The CLEANING PROFESSIONAL is not authorized to receive money from the CLIENT to pay for tickets of any kind.
  Giving medication to people or animals: For your safety, that of your pets and other people in your home, the CLEANING PROFESSIONAL is not authorized to provide any medication, taking into account that they are not a health professional and therefore should not handle this type of issues.
• RECEIVING AND PAYING FOR HOME DELIVERIES, PARCELS, AND DELIVERIES OF ANY MERCHANDISE OR PACKAGE: We recommend that on days in which the cleaning service is contracted, the CLEANING PROFESSIONAL is the only person who will remain on the premises, do not schedule deliveries of parcels, home deliveries or similar because they are not authorized to pay for or receive them.
• RECEIVING KEYS TO THE PREMISES: Remember that cleaning professionals are expressly prohibited from receiving keys to the premises and making use of them. Even though Serv carries out a detailed and responsible process in the hiring and training of its CLEANING PROFESSIONALS, our recommendation is that for no reason should you give keys to the premises to them, and in case you do so, it will be at your own risk. The SITE is not responsible for any damages that your actions may cause.
• AUTHORIZING ENTRY OF THIRD PARTIES TO THE PREMISES: The CLEANING PROFESSIONAL is not approved to allow the admission of any third party to the premises during the time the Service is provided. If the CLIENT requests the CLEANING PROFESSIONAL to issue such authorization, the consequences of such approval shall be at the CLIENT’s own risk.
• ANSWERING TELEPHONES OF THE PREMISES AND/OR CELLPHONES LOCATED IN THE SAME: The CLEANING PROFESSIONAL is not authorized to receive or make calls through the fixed telephone of the premises or any other means of communication existing in the same; therefore, the CUSTOMER should not request the same to be in charge of this activity and in case of doing so, the consequences of such authorization shall be at the expense and risk of the CUSTOMER.
• CLEANING OF FACADES OR AT HEIGHTS (HIGHER TAN 1.5 METER FROM THE FLOOR): The CLEANING PROFESSIONAL is not authorized to clean the act of premises because he does not have the knowledge required for activities that may involve handling heights, and this task is not among those offered by Serv S.A.S. through its PLATFORM. If the CLIENT requests it and the professional agrees, the responsibility for the activity will be at the sole risk of the CLIENT.
• RECEIVING MONEY AND/OR GOODS FROM THE CLIENT AND/OR THIRD PARTIES: The CLEANING PROFESSIONAL is forbidden to receive money or goods from the CLIENT and/or third parties with whom it has a relationship under the provision of the Service under any title (loan, donation, etc.), if the CLIENT and/or the professional ignore this prohibition, no claim will proceed in any case against Serv S.A.S. for these goods or money delivered.
• PERFORMING TASKS OUTSIDE THE PERMITTED ACTIVITIES: In addition to the above, the CLEANING PROFESSIONAL is forbidden to perform any other action that escapes from what is established in this document.

 

8. RESERVATION OF SERVICES:

To reserve one or more days of the cleaning services offered by SERV, the CLIENT must fully complete the RESERVATION TICKET, made available through the SITE or the customer contact telephone line, which will imply acceptance of these TERMS AND CONDITIONS.

Upon completion of the RESERVATION FORM, the CLIENT will receive by electronic means the SERVICE ORDER with the specifications of the reservation made.

 

9. PRICE OF SERVICES:

The prices of the services offered by Serv are published on the SITE and/or other communication channels used by the COMPANY and will also be communicated to the CLIENT in his ORDER OF SERVICE at the time of booking.

PARAGRAPH: The COMPANY reserves the right to unilaterally modify the value established for the services at any time and in its total discretion, without the need to notify the USERS and/or CUSTOMERS of the situation. The modifications mentioned above may be temporary or permanent and apply only to future reservations.

 

10. PAYMENT FOR SERVICES:

The SERVICE ORDER will contain the total amount to be paid by the USER to Serv for the provision of the cleaning services before the condition of the Service. Payment may be made by P.S.E. transfer, credit card, Baloto, EFECTY, or bank consignment to any of the following bank accounts of your choice, which have as holder SERV SAS, NIT 9011694323: Savings account number 38893369381 of Bancolombia, according to the specifications and conditions of the payment PLATFORM.

In the case of payment by Baloto, EFECTY, or bank consignment, the CLIENT is responsible for uploading it to the PLATFORM in the section corresponding to the client’s reservation so that the reservation can be confirmed.

In all cases, the CLIENT is solely responsible for keeping the proof of payment.

FIRST PARAGRAPH: The collection of payments for any concept is made by electronic payment platforms and other banking and/or financial entities outside the COMPANY; therefore, neither the COMPANY nor the PLATFORM is responsible for any inconvenience that may arise concerning the operation of the electronic payment platform or other banking and/or financial entities.

SECOND PARAGRAPH: If the CLIENT and the COMPANY agree on payment terms different from those specified in this clause, such agreement must be in writing or by telephone or electronic means. Any violation of the approved agreement will cause non-compliance and, therefore, immediate interruption of the provision of the Service.

THIRD PARAGRAPH: THE CUSTOMER must pay the total value of the SERVICE ORDER within the terms established in the sales invoice. In case of non-compliance with such payment, the CUSTOMER will assume as a penalty for breach of contract an additional value equivalent to 5% of the total value of the invoice, which will be charged in an additional invoice and/or in the subsequent invoice, corresponding to the purchase of other cleaning services by the CUSTOMER.

 

11. CONFIRMATION OF RESERVATION:

The CUSTOMER is solely responsible for the payment of the Service. Therefore the reservation made by the CUSTOMER will only be confirmed when the COMPANY has received the cost, or the CUSTOMER has sent the proof of payment made through the channels established in this document.

The CLIENT accepts that Serv will not provide the reserved Service that has not been paid and confirmed by the CLIENT. This situation will constitute a breach by the CLIENT. Therefore the PLATFORM may immediately interrupt the provision of the Service until the balance due is not paid in full and/or proof of payment is uploaded by the CLIENT to the PLATFORM in the section corresponding to the client’s reservation.

If there is a payment agreement between the CUSTOMER and the COMPANY, or if the COMPANY provides one or more cleaning services that have not been paid or confirmed by the CUSTOMER, the CUSTOMER accepts and acknowledges that the provision of the Service establishes on its head the commercial obligation to make payments due to the COMPANY for such services, under penalty of being immersed in the judicial processes that may be applicable and that the information related to its commercial behavior is consulted, kept, reported and provided to the entities that consult databases or risk operators.

 

12. INVOICING:

SERV S.A.S. is responsible for creating a valid invoice for tax purposes according to the regulations in force in Colombia. The CLIENT accepts that the PLATFORM will send them by electronic means, to the email address indicated in the BOOKING TICKET, the invoice in PDF format of the reserved services, committing themselves to print it for the pertinent fiscal purposes.

PARAGRAPH: The above provision refers to computerized invoicing, utilizing which the COMPANY, with prior authorization from the DIAN, can issue invoices employing software that comply with the requirements established in art. 617 of the Colombian Tax Statute and its related provisions.

 

13. CANCELLATION, CHANGES, OR MODIFICATIONS OF THE CONTRACTED SERVICE:

13.1. BY THE CLIENT: The CLIENT may cancel its reservation and/or modify the exact details at any time. If they do so up to 24 hours before the beginning of the Service, the cancellation or modification will have no cost; after that term, the PLATFORM will retain or charge 100% of the value at the CLIENT’s expense.

13.2. BY THE COMPANY: The COMPANY reserves the right to modify or cancel one or more services booked by the CLIENT at any time before the beginning of the Service in question, without obligation of prior notice or justification, but always informing the CLIENT in writing, to the email provided by the CLIENT in the RESERVATION TICKET.

In case of cancellation of the Service by the COMPANY, the CUSTOMER may decide whether to keep the reservation and select a new date for the realization of the Service or whether to proceed with the request for reimbursement of the amount paid.

PARAGRAPH: If the CLIENT requests the reimbursement of the payment of a canceled reservation in compliance with what is stated herein, the refund will be made through a bank consignment to the account indicated by the CLIENT through written communication. The reimbursement will proceed within seven working days from the date of the request made by the client and approved by the COMPANY. The CUSTOMER authorizes the COMPANY, in case the reimbursement proceeds, to deduct from the value of the reimbursement the sum of FIVE THOUSAND PESOS ($10,000) m/c (Colombian pesos) corresponding to the expenses related to the bank consignment.

 

14. ASSIGNMENT OF THE CLEANING PROFESSIONAL:

Once the reservation is confirmed, Serv will assign to the CLIENT one or more of its CLEANING PROFESSIONALS (depending on the SERVICE ORDER) to carry out the contracted cleaning services at the place and time specified by the CLIENT in the RESERVATION TICKET.

The CLIENT understands that PLATFORM will assign the CLEANING PROFESSIONAL(S) according to their availability and considering that they all have the same training, qualification, quality, and professional level.

At the moment of the assignment, the CLIENT will be able to consult in the PLATFORM the personal data of the CLEANING PROFESSIONAL, which include: identity card, legal background, and performance appraisals made by other CLIENTS.

The CLIENT accepts and understands that the personal data of the CLEANING PROFESSIONAL that are delivered by Serv, with the express authorization of the same, are sent for the sole purpose of informing the CLIENT of the identity of the person who will provide the Service and therefore can not be used for any other purpose without the express written approval of both the owner of the same and the Company, respecting the Colombian laws of Habeas Data.

 

15. QUALITY GUARANTEE:

SERV S.A.S., through Serv, is committed to cleaning with high-quality standards to meet the CUSTOMER’s expectations and always ensure the same’s satisfaction.

Before the execution of all the cleaning services, the CLIENT can complete in the PLATFORM an EVALUATION FORM of the Service received or can complete this form by telephone with the COMPANY. Suppose the CUSTOMER is not satisfied with the Service provided or considers that the same did not meet the specifications of the PURCHASE ORDER. In that case, they have the right to express their appreciation or disagreement through said form during the following 24 hours from the Service’s start time to the Service’s termination, specifying in detail the reasons for the same.

Faced with this communication, Serv will have five working days to investigate the matter with the CLEANING PROFESSIONAL assigned to the CUSTOMER and, based on the investigation, communicate with the CUSTOMER and manage a response to the nonconformity expressed, which and depending on the results of the analysis may be favorable or unfavorable. Neither the COMPANY nor the SITE is obliged to give any compensation to the CUSTOMER. However, in case of finding the claim justified, it will be decided among the following options:

• Offer a new service to the CLIENT in the availability that the PLATFORM has at the time of the event, and during the time it takes to complete the missing tasks.
• Refund all or part of the price of the Service in question, depending on the case.

PARAGRAPH: In the case of total or partial reimbursement, it will be made through bank consignment to the account indicated by the CLIENT through written communication. The rebate will proceed in seven working days following the date of the request made by the customer and approved by the COMPANY. The CLIENT authorizes the COMPANY, in case the reimbursement proceeds, to deduct from the value of the reimbursement the sum of FIVE THOUSAND PESOS ($10,000) m/c (Colombian pesos) corresponding to the expenses related to the bank consignment.

 

16. RIGHTS AND OBLIGATIONS:

16.1. RIGHTS OF THE USER AND/OR CLIENT:

16.1.1. RIGHTS: In addition to the rights contained throughout this document, the CLIENT is entitled to:

• The use of the PLATFORM confers to the USER, who enters the right to its personal use in a non-exclusive and non-transferable manner.
• The USER and/or CLIENT has the right to be treated with respect throughout the contractual relationship.
• The CLIENT has the right to have the Service rendered by trained professionals qualified for the exercise of their work.
• The CUSTOMER has the right that the CLEANING PROFESSIONAL can be searched at the entrance and exit of the premises by private security officials who have the authority to do so, always respecting the human and fundamental rights of the worker, under penalty of being immersed in legal proceedings concerning the violation of these.

16.1.2. OBLIGATIONS: Without prejudice to the obligations contained throughout this document, the CLIENT undertakes to:

• The USER and/or the CLIENT undertakes to treat both the CLEANING PROFESSIONALS and other employees of SERV S.A.S. respectfully and cordially.
• The CUSTOMER expressly agrees to keep all valuables, jewelry and/or cash, plastic, and/or securities in his possession under lock and key during the Service. The COMPANY in no case will respond for events that this omission may cause unless its responsibility is investigated and declared by a competent authority.
• The CLIENT is obliged to keep under lock and key during the time of the Service any firearms he may have on his property. Serv shall in no case be liable for events that this omission may cause.
• The CUSTOMER undertakes not to commit illicit, obscene, or sexual acts towards or with the CLEANING PROFESSIONAL under penalty of being immersed in the relevant legal actions.
• The CUSTOMER may not at any time prevent the CLEANING PROFESSIONAL from leaving the premises under penalty of being immersed in the appropriate legal actions.
• The CLIENT is obliged to mitigate risks that may affect the health of the CLEANING PROFESSIONAL and to have an emergency plan and minimum security elements within its premises related to any incident that may occur at the time of the beginning of the provision of the Service (fire, flood, theft or any other case that puts at risk the safety and welfare of both the WORKER and the CLIENT and the property of one and the other). The emergency as mentioned above plan must be communicated to the CLEANING PROFESSIONAL, who will be trained to understand and carry it out.
• The CLIENT undertakes, declares, and guarantees that all the information provided is true, accurate, correct, and up to date, under penalty of liability for any damage that may arise due to false or incomplete information.
• The CLIENT is obliged to use the Service properly, therefore in the case in which they pretend or achieve that services are provided by the direct account of the CLEANING PROFESSIONAL during their labor relationship with the Company, accepts the imposition of a monetary penalty equivalent to 2 SMMLV, which is obliged to cancel immediately, with the solo presentation of evidence by the COMPANY, authorizing this to be deducted from any amount of money that has in favor of the USER and/or the CLIENT. Likewise, the COMPANY may suspend the provision of services, restrict access to the PLATFORM and/or proceed to cancel the account.

It is the obligation of the USER and/or the CLIENT to use the PLATFORM in an adequate manner and through electronic devices in which the security of the information provided in the PLATFORM can be guaranteed. SERV S.A.S. is not responsible for the effects that may occur to the USER and/or the CLIENT or other third parties for the information provided in devices where it may be exposed to third parties.

PARAGRAPH: If the USER and/or the CLIENT has not requested the Service through the PLATFORM, the CLEANING PROFESSIONALS should not carry it out, and SERV S.A.S. will not be responsible for it.

In case of a work accident or an emergency of any nature, the CLIENT must inform the COMPANY at the following telephone numbers: In Canada at 6475565557. Whoever answers your call can direct you on the steps to follow, informing you of the addresses of the I.P.S. attached to the A.R.L. assistance network. We will always locate the closest I.P.S. to where the accident occurred so that our CLEANING PROFESSIONALS receive immediate medical attention. If you do not receive a timely response when calling the telephone, as mentioned earlier, report the alleged work accident by calling free of charge from your cell phone to the subscribed A.R.L. vital line, where they will provide you with guidance and guidance support required for emergency care. If the alleged work accident is severe and our CLEANING PROFESSIONAL cannot be mobilized, remain calm and wait for the arrival of the A.R.L. ambulance.

Considering that the cleaning work, in some cases, requires lifting heavy loads, the CLIENT acknowledges that in Colombia, there are established weight limits and therefore is obliged to respect them:

I. Men at chest level: 50 kg.
II. Men at floor level: 25 kg.
III. Women at chest level: 25 kg.
IV. Women at floor level: 12.5 kg.

• The USER and/or the CLIENT agrees not to license, sell, resell, re-license, assign, distribute, advertise, exploit or take any commercial advantage of the application, brand, tools, or Service provided by SERV S.A.S. through Serv, or any of its parts.
• The USER and/or the CLIENT agrees not to modify or do works based on the software, parts of the software, or the Serv brand.
• The USER and/or the CLIENT undertakes not to make links, mirror Serv’s services, or provide Serv’s Service to third parties.
• The USER and/or the CLIENT agrees not to “reverse-engineer” (disassemble the application in its components to understand its operation, even for academic and/or non-profit purposes).
• The USER and/or the CLIENT agree not to use any content, including, but not limited to, texts, programs, songs, sounds, photographs, graphics, videos, or other materials in advertisements available on the SITE.
• The USER and/or the CLIENT agrees not to make any use, different from that authorized by the Company, of the information disclosed in the SITE, taking into account that the same is the exclusive property of the Company, trusted third parties, and/or those who have published it and are protected by the regulations on intellectual property and other legal provisions. Therefore, the USER and/or the CLIENT may not copy, reproduce, transmit, distribute or create derivative works from such information without the express authorization of the respective owner.
• The USER and/or the CLIENT agrees not to access the SITE by means other than the interface of the same, the Company at no time grants the USER and/or the CLIENT additional rights over the SITE, over the materials, nor the contents included in the SITE, much less over the source code of the software or other elements necessary for the development and operation of the same.
• The CLIENT accepts that by booking a cleaning service, they enter into a binding contractual relationship with SERV S.A.S., with all the implications, obligations, duties, and rights by the Law and the present document.

 

17. RESPONSIBILITIES:

17.1. RESPONSIBILITY OF THE COMPANY:

17.1.1. LABOR RESPONSIBILITY: SERV S.A.S. is solely responsible for the CLEANING PROFESSIONALS in labor matters, i.e., the conclusion of contracts and the terms thereof shall be discussed exclusively between the COMPANY and the WORKERS. Therefore, everything legally required by the labor relationship shall be assumed directly by the same.

Consequently, SERV S.A.S., through its PLATFORM, declares that all its CLEANING PROFESSIONALS are duly hired and affiliated to EPS, A.R.L., Family Compensation Fund, Pension Fund, and Severance Pay and that they are recognized in all the aspects to which by Law in its capacity as EMPLOYER it is obliged.

PARAGRAPH: Between the CLIENT and the WORKERS of SERV S.A.S., who act as CLEANING PROFESSIONALS, there is no labor relationship of any kind, and although the nature of the services provided by Serv allows the CLIENTS to have certain prerogatives regarding the tasks performed by the CLEANING PROFESSIONALS during the Service, at no time shall this situation constitute labor subordination.

17.1.2. LIABILITY FOR DETERIORATION, DAMAGE, OR INCONVENIENCE: In the event of any inconvenience during the performance of the Service, which is related to the provision of the same and provided that it is different from that established in the quality guarantee (numeral 14 of this document), the CLIENT must communicate it in writing to the email info@serv.com.co, within 48 hours following the termination of the Service, specifying in detail the reasons for the situation.

In response to this communication, Serv will send the CUSTOMER the DAMAGE OR DISORDER FORM, which must be filled out by the CUSTOMER within 48 hours of receipt, specifying in detail the events that occurred and attaching the evidence verifying the occurrence of the inconvenience.

Upon receipt of the DAMAGE OR INCONVENIENCE FORM, Serv has five working days to issue a written response to the claim, which, depending on the results of the internal investigation, may be favorable or unfavorable, to the email address provided by the USER in the RESERVATION FORM. Neither the COMPANY nor the SITE is obliged to give any compensation to the CUSTOMER, but in case of finding the claim justified, they may decide among the following options:

• Recognize the commercial value at the moment of the deterioration or damage of what has been demonstrated in the reported inconvenience, employing reimbursement in money.
• Recognize the commercial value of the deterioration or damage of what has been demonstrated in the reported inconvenience, employing a credit for future reserves of cleaning services.
• By the monetary value of the damage or the seriousness of the injury, make available to the client policy No. 423226 contracted with Compañía Seguros Generales Suramericana S.A. as provided for in section 16.2 of this document.

For the cases established in paragraphs 1 and 2 of this clause, the CUSTOMER shall have three business days to accept the solution offered by the COMPANY or to propose an alternative solution. If the CLIENT remains silent within the term as mentioned earlier, it will be understood that they accept the key, and the case will be considered solved; therefore, SERV S.A.S. and its PLATFORM will be in good standing concerning the inconvenience reported by the CLIENT.

FIRST PARAGRAPH: The CUSTOMER acknowledges and accepts that the COMPANY is entitled to go to the market and/or ask the CUSTOMER for proof of the commercial value of the suitable object of the deterioration or damage and thus establish the genuine retail value of the sound object of the decline or injury.

SECOND PARAGRAPH: If proceeding to the total or partial reimbursement, it will be done through bank consignment to the account that the CUSTOMER indicates employing written communication. The refund will move in seven working days following the date of the request made by the customer and approved by the COMPANY. The CLIENT authorizes the COMPANY, if the reimbursement proceeds, to deduct the sum of TEN THOUSAND PESOS ($10,000) m/c (Colombian pesos) corresponding to the expenses related to the bank consignment.

17.1.2.1. WHAT IS UNDERSTOOD BY INCONVENIENCES? All those events that under the Service provided by the CLEANING PROFESSIONALS generate damage or deterioration, in the premises or goods of the CUSTOMER, provided that the same has not been developed under the authorization of the CUSTOMER in front of any activity that is not allowed following the provisions of paragraphs 6.1 and 6.2 of this document.

Inconvenience shall not be understood as those that occur due to an act of God, force majeure, the act of a third party, only fault of the victim, and/or other events in which the CLEANING PROFESSIONAL actions outside its functions and permitted activities, unless negligence on the part of the COMPANY can be proven, nor those arising from natural wear and tear due to time and the legitimate use of the goods.

PARAGRAPH: The COMPANY will not respond in any case for damages produced by fortuitous circumstance, force majeure, a fact of a third party, and/or exclusive fault of the victim, neither in the possibility of injuries occurring to objects of property of the CLIENT by the natural wear and tear by time and legitimate use of those.

17.1.3. DISCLAIMER OF LIABILITY: The CLIENT employing these terms and conditions releases and exempts SERV S.A.S. and the PLATFORM from liability and, therefore, shall refrain from filing legal actions of any nature, related to situations of a fortuitous event, force majeure, a fact of a third party, only fault of the victim and/or other circumstances in which the CLEANING PROFESSIONAL acted outside its functions and permitted activities unless it is proven negligence on the part of the COMPANY.

PARAGRAPH: In any case, the COMPANY shall be willing to cooperate with the requirements of the judicial authorities.

17.2. LIABILITY POLICY: SERV S.A.S. has a CIVIL LIABILITY INSURANCE FOR DAMAGES TO THIRD PARTIES, contracted with the General Insurance Company Suramericana S.A. and identified under policy number No. 030000760422. 030000760422, which consists of a LIABILITY COVERAGE ON PREMISES AND FOR OPERATIONS, which covers the civil liability incurred by the insured, during the term of the insurance policy, for material damages, personal injuries, or death caused to third parties on its premises or for the operations carried out inside and outside the premises in the ordinary course of its business.

In those cases in which THE COMPANY considers it pertinent to escalate the topic to the Company Seguros Generales Suramericana S.A., it shall inform THE CUSTOMER, who shall establish direct contact with the same at 01 8000 51 8888. In any case, the contact information may be consulted at the following link: https://www.segurossura.com.co/Paginas/default.aspx.

The policy referred to in this clause may be consulted at https://www.sura.com/documentos/empresas/condicionados/Plan-Empresario-Clausulado.pdf.

17.3. LIABILITY OF THE USER: Any breach, violation, abuse, or misuse by the USER of these terms and conditions or any complaint or information that the COMPANY receives from third parties on the subject, may be investigated by the same in its capacity as a service provider, who may take all measures and initiate all legal and extra-legal actions it deems appropriate, to obtain the cessation of harmful conduct.

The violation of intellectual property rights of third parties under the regulations of any country and any act or conduct that may be considered as an illegal disclosure, misuse, or misappropriation of confidential information or a trade secret of any third party caused by your behavior, will be made available to the competent authorities. The defaulting CUSTOMER, as solely responsible, will be the one who must respond to justice.

Under the previous, we recommend the CUSTOMER previously consult the COMPANY about actions against which he is not sure. He can configure the present’s violation, abuse, or misuse to the following address: info@serv.com.co.