Terms of Agreement
Latest update April 1 2021.
GENERAL TERMS AND CONDITIONS FOR DOMESTIC SERVICES TO CONSUMERS
Hemfrid i Sverige AB, company registration number 556529–8444 ("Hemfrid") provides domestic services such as cleaning, washing, ironing, window cleaning, gardening, moving services and family services (babysitting and daily care) (the "Services").
These general terms and conditions apply between Hemfrid and a natural person (the "Customer") who orders one or more of the Services from Hemfrid. Such an order can be made by signing a Service agreement, by ordering the Services via Hemfrid’s website or Hemfrid’s App or by telephone. The order/service agreement, together with these general terms and conditions and any other appendices, constitute the agreement between Hemfrid and the Customer that governs the terms and conditions of Hemfrid’s provision of the Services to the Customer (the "Agreement"). In the event of a conflict between these general terms and conditions and the order/service agreement (including any appendices), the order/Service agreement (including any appendices) shall take precedence over these general terms and conditions.
1. HEMFRID’S SERVICES
1.1 The Customer either orders the Services on a one-off basis in accordance with the current price list, or as a subscription with a fixed monthly fee, in accordance with what is specified in the Agreement.
2. SPECIFIC TERMS AND CONDITIONS FOR CERTAIN SERVICES
2.1 Moving services When moving household goods, BOHAG 2010 - General moving regulations for consumers ("Bohag 2010") applies in its entirety instead of these general terms and conditions with the exception of Clause 17 in BOHAG 2010 which is replaced by Clause 18 in these general terms and conditions.
2.2 Family services Clause 3.2 in these general terms and conditions does not apply to family services. In the event of illness or other absence, regular staff can only be substituted after special approval from the Customer.
3. HEMFRID’S OBLIGATIONS
3.1 Hemfrid shall carry out the Services in accordance with the Agreement. The Services shall be carried out with due care and in a professional manner. Hemfrid’s staff shall have the necessary training to carry out the Services and Hemfrid holds the licences required to carry out the Services on the basis of the information provided by the Customer.
3.2 If it has been specifically agreed that certain named staff will carry out the Services, Hemfrid will strive to achieve this. However, in the event of illness or other absence, Hemfrid has the right to substitute such named staff with other staff.
3.3 Hemfrid has the right to engage subcontractors for the performance of the Services. However, Hemfrid is fully liable for its subcontractors as for itself.
4. THE CUSTOMER’S OBLIGATIONS
4.1 The Customer shall ensure that Hemfrid has access to the spaces, as well as access to the equipment and materials that Hemfrid requires to be able to carry out the Services in accordance with the Agreement. This may, for example, involve the Customer providing cleaning equipment (such as a suitable vacuum cleaner with nozzle), keys and door code, as well as information on how Hemfrid can gain access to the area where the Services are to be carried out. If Hemfrid is to provide equipment or materials under the Agreement, Hemfrid has the right to charge for this separately.
4.2 The Customer shall continuously inform and consult with Hemfrid's staff about circumstances that Hemfrid can be assumed to need to be aware of in order to carry out the Services. In particular, the Customer shall notify Hemfrid of the presence of valuable and/or fragile objects and materials as well as how such objects and materials are to be handled and about existing cables and choices of material in the Customer's home that may be important for Hemfrid's performance of the Services.
4.3 The Customer is responsible for keeping the information under Clause 4.2 updated throughout the term of the Agreement.
4.4 In connection with termination of the Agreement, the Customer is obliged to collect and sign for keys issued to Hemfrid under the Agreement from Hemfrid’s office. If the Customer has not retrieved his or her keys within one (1) month of Hemfrid notifying the Customer that collection is to take place, Hemfrid will ensure that the keys are destroyed. At the Customer's written request, Hemfrid can return keys to the Customer by registered letter or otherwise. However, such return is entirely at the Customer's risk and Hemfrid bears no liability in connection with it.
4.5 The Customer shall ensure that, when carrying out the Services, Hemfrid's staff are offered a satisfactory and safe working environment in accordance with applicable laws and regulations.
5. HEMFRID’S RIGHT TO REFUSE SERVICES
5.1 Under special circumstances, Hemfrid has the right to unilaterally refuse to carry out the Services. Special circumstances mean, for example, that the Customer or members of the Customer's household do not behave respectfully towards Hemfrid's staff, that equipment or materials provided by the Customer are not fit for purpose, that the Customer cannot guarantee a satisfactory and safe working environment for Hemfrid's staff or that circumstances of such a nature exist that Hemfrid deems that reasonable conditions for carrying out the Services under the Agreement are lacking.
6. REBOOKING AND CANCELLATION OF SERVICES
6.1 The Customer has the right to rebook or cancel the performance of a Service free of charge, provided such rebooking or cancellation takes place at least five (5) working days before the day when the Service should have been carried out. If the cancellation concerns a Service that is covered by a subscription, the unused Service event is saved in the Customer’s hour bank in accordance with Clause 7 below.
6.2 If rebooking takes place later than five (5) working days before the day when the Service should have been carried out, the Customer will be charged 12.5 percent of the cost of the Service event in question.
6.3 If cancellation takes place later than five (5) working days before the day when the Service should have been carried out, the Customer will be charged 25 percent of the cost of the Service event in question.
6.4 For the avoidance of doubt, the cost of rebooking and cancellation under Clause 6.1 does not entitle to RUT deduction.
7. HOUR BANK AND FREEZE OF SUBSCRIPTION
7.1 If the Customer chooses to cancel the performance of a Service that is covered by a subscription, the number of hours corresponding to the unused Service event is saved in a so-called hour bank that the Customer can opt to use at a later time.
7.2 Unless otherwise specifically agreed, the Customer can save the number of hours corresponding to a maximum of three (3) Service events, in accordance with the Customer's subscription, in the hour bank. Excess time will be charged to the Customer.
7.3 Hemfrid reserves the right to delete the hours in the hour bank that are not used within one (1) year from the date when the Service event was cancelled.
7.4 The Customer can see the balance of his or her hour bank via Hemfrid's customer app (the app can be downloaded from App Store and Google Play).
8. RIGHT OF WITHDRAWAL
8.1 If the Agreement has been signed with the Customer at a distance, the Customer has a right of withdrawal in accordance with the Swedish Distance and Off-Premises Contracts Act (2005:59). The right of withdrawal means that the Customer has the right to withdraw from the Agreement within fourteen (14) days of entering into the Agreement.
8.2 If the Customer exercises the right of withdrawal, Hemfrid is entitled to a proportionate share of the agreed price for the Services performed during the time before the Customer gave notice of exercising the right of withdrawal.
8.3 If the Customer wishes to exercise his or her right of withdrawal, Hemfrid must be notified of this via e-mail to email@example.com.
9. PRICES AND CHARGES
9.1 Prices and any charges for the Services are set out in the Agreement or, if no specific price has been agreed, by Hemfrid’s price list as applicable from time to time. Unless otherwise specifically stated, all prices listed are inclusive of VAT and without any RUT deduction.
9.2 Hemfrid has the right to charge the Customer a service charge that corresponds to Hemfrid's costs for cleaning materials and equipment as well as its costs for RUT administration.
9.3 Hemfrid has the right to adjust agreed prices based on changes to the Consumer Price Index (CPI), salary changes for employees, other changes in Hemfrid's cost base, law, public authority decisions, taxes, customs duties or other public charges as well as similar situations affecting the price of the Services. The Customer shall be notified of any price adjustments at least one (1) month in advance. If the Customer does not accept a price adjustment, the Customer has the right to terminate the Agreement with immediate effect within two (2) weeks of receiving Hemfrid's price adjustment notice.
9.4 If, during the term of the Agreement, the Customer expands the scope of the Services or if, in the performance of the Services, Hemfrid is forced to take unforeseen measures in order to fulfil its obligations, Hemfrid has the right to charge the Customer for additional work performed.
9.5 Hemfrid also has the right to invoice the Customer for travel costs if the Customer's home/premises cannot be reached by public transport and/or if the distance between the Customer's home/premises and Hemfrid’s nearest office is more than thirty (30) km.
10. RUT DEDUCTION
10.1 The Customer can take advantage of RUT deductions for the Services, if and to the extent RUT deductions are applicable. In this regard, Hemfrid follows the laws and rules for RUT deductions that are applicable from time to time.
10.2 The Customer shall inform Hemfrid if the Customer intends to utilise RUT deduction.
10.3 If the Swedish Tax Agency (Sw. Skatteverket) does not, for any reason, grant payment of the requested amount, Hemfrid has the right to charge the Customer the corresponding amount. For further information about RUT deductions, see www.skatteverket.se.
11.1 The Services performed are invoiced monthly in arrears and payment shall be made by the due date specified on the invoice.
11.2 In the event of non-payment, Hemfrid has a right to default interest in accordance with the Swedish Interest Act (1975:635) as well as a fee for payment reminders in accordance with the Swedish Act (1981:739) on Payment of Debt Collection Costs.
11.3 In the event of late payment by the Customer, Hemfrid has the right to immediately cease performance of the Services and delivery of products (if applicable), or to freeze the Services. Freezing the Services means that booked Service events are removed and that new Service events cannot be booked by the Customer until the Customer has fully paid Hemfrid the sum in arrears.
11.4 Any objections from the Customer as regards the invoice shall be made no later than the same day as the due date of the invoice.
12.1 For the term of the Agreement, Hemfrid shall hold a liability insurance that is appropriate in relation to the Services covered by the Agreement. Hemfrid’s insurance does not cover damage caused by the Customer.
12.2 For the term of the Agreement, the Customer should hold a home insurance that covers the spaces where the Services are to be carried out.
13. NON-DELIVERY OR INCORRECT PERFORMANCE OF SERVICES
13.1 If Hemfrid does not carry out a Service and this is not due to circumstances attributable to the Customer, the Customer shall not be charged for the Service in question.
13.2 In the event of a fault or deficiency in Hemfrid's performance of a Service, Hemfrid shall be given the opportunity to remedy the fault/deficiency. If the fault/deficiency cannot be remedied, or if the fault/deficiency remains after Hemfrid's attempt at remedy, the Customer is entitled to a price reduction. However, the Customer is not entitled to a price reduction if the Customer does not give Hemfrid an opportunity to attempt to remedy the fault.
13.3 Payment for damage to property that occurs during Hemfrid's performance of a Service is only paid if the Customer can demonstrate that Hemfrid caused the alleged damage.
13.4 The Customer must complain to Hemfrid about a fault or deficiency regarding a Service performed within a reasonable time from when the Customer noticed, or should have noticed, the fault/deficiency.
13.5 If the Customer wishes to complain about a Service, Hemfrid must be notified of this via e-mail to: firstname.lastname@example.org. The Customer must use the form designated by Hemfrid or follow other instructions given by Hemfrid for complaints and provide such documentation (e.g. pictures and information) as requested on the form.
14. LIMITATION OF LIABILITY
14.1 Hemfrid is only liable for direct damages caused to the Customer as a direct result of faults or deficiencies in Hemfrid's performance of the Services. Hemfrid is therefore never liable for indirect damages such as loss of profit, loss of salary, holiday pay, or other indirect damage or consequential damage.
14.2 For each calendar year, Hemfrid’s total liability for damages arising under the Agreement shall be limited to a maximum amount corresponding to one (1) price base amount (Sw. prisbasbelopp) in accordance with the Swedish Social Insurance Act (2010:110).
14.3 The limitation of liability in Clauses 14.1 and 14.2 does not apply to damages that arise in the form of personal injury or if gross negligence or intent exists on Hemfrid's part or otherwise follows from mandatory law.
14.4 Hemfrid does not pay compensation for damages that arise due to (i) the Customer having incorrectly provided, or failed to provide, information about particularly valuable or fragile objects in accordance with Clause 4.2 above, or (ii) loose and fixed furnishings at the Customer’s premise being incorrectly installed. Hemfrid also does not pay compensation for wear and tear to fixed property and chattels such as furnishings, floors and windows that arises during the normal and responsible performance of the Services.
14.5 If the Customer, due to carelessness or negligence, was a contributory cause of the damage that occurred, Hemfrid's liability shall be adjusted in relation to the extent of the Customer's complicity.
15. TERM OF AGREEMENT AND TERMINATION
15.1 Unless otherwise stated in the Agreement, the Agreement is valid until further notice from its date of signing and can be terminated by either Party subject to a one (1) month period of notice.
15.2 For Services that are covered by a subscription, if termination takes place before the 15th of a month, the Agreement shall expire on the last day of the current month. If termination takes place on or after the 15th, the Agreement shall expire on the last day of the following month.
15.3 The Customer must pay for all Services that have been utilised and, after termination of the Agreement, the Customer has two (2) months to use the hours saved in the Customer's hour bank in accordance with Clause 7.1 above.
15.4 If one of the Parties materially breaches the provisions of the Agreement and does not take remedial action within ten (10) days of receipt of a written request, the other Party has the right to terminate the Agreement with immediate effect.
16. PERSONAL DATA
17.1 The Customer does not have the right to assign its rights and obligations under the Agreement to a third party. However, Hemfrid does have the right to assign its rights and obligations under the Agreement to a third party, provided the Customer is notified of this in writing.
17.2 Hemfrid may amend these general terms and conditions from time to time. The Customer shall be notified of any amendments at least one (1) month in advance. If the Customer does not accept the amended terms and conditions, the Customer has the right to terminate the Agreement with immediate effect.
18. DISPUTES AND CHOICE OF LAW
18.1 If a dispute arises and the Parties are unable to resolve it on their own, the Customer has the right to turn to the National Board for Consumer Disputes (Sw. Allmänna reklamationsnämnden) with address PO Box 174, SE-101 23 Stockholm, Sweden, www.arn.se, to the extent that the Board is competent to consider the matter.
18.2 The Agreement is governed by Swedish law.
18.3 Disputes arising from the Agreement shall be settled by the Stockholm District Court. However, the Customer has the right to bring a court action in the place where the Customer is domiciled in accordance with Chapter 10 Section 8(a) of the Swedish Code of Judicial Procedure (1942:740).