AGREEMENT FOR THE PROVISION OF DOMESTIC CARE SERVICES
On the one hand, the company ASTRUM ADVISORY S.L., under the commercial name "Casa Del Care" [hereinafter, "the SUPPLIER"], with registered office at C/Pléyades n.º 28, Nueva Andalucía, Marbella (29660), and with CIF no. B19775089.
On the other hand, Client, seeking services of the Supplier (hereinafter, the "CLIENT").
That the CUSTOMER is interested in contracting domestic assistance services through the SUPPLIER, which will act as an intermediary providing such services, through professionals of its free choice, under the following clauses:
1.1. The SUPPLIER undertakes to provide domestic assistance services to the CUSTOMER, through professional self-employees, in accordance with the terms and conditions set out in this Agreement.
1.2. The services shall include the tasks previously and mutually agreed upon by both parties, detailed in the package selected by the Client in its contracting request.
2.1. The client must previously select the desired package of services, being obliged to make the full payment for these services from the time of booking.
3.1. For the contracting of weekly or longer services, CLIENTS will be offered a trial period of one week to evaluate the services of the professionals that the SUPPLIER will provide.
3.2. During this trial period, the CLIENT only assumes a minimum contracting commitment of 3 hours of service and may cancel at any time the services contracted for a longer duration.
3.3. For the contracting of services lasting more than one week, the CLIENT shall be obliged to pay the totality of the contracted services from the payment of the prior deposit, being able, in accordance with art. 102 of the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, to withdraw from the contract during a period of 14 calendar days without indicating the reason.
4.1. The Client undertakes to pay the SUPPLIER the agreed hourly rate for the selected package. A deposit of 50% of the contracted services is required prior to commencement of the work. Payment of 50% of the remaining amount of the price shall be paid at the start of the service.
4.2. Failure to meet payment deadlines may result in suspension of services until the outstanding balance is paid in full.
4.3. Repeated failure to comply with payment obligations or late payment will result in the immediate termination of the provision of services, without prejudice to the possibility that such amounts may be legally claimed.
4.4. The provision of services shall not commence until proof of actual payment for the contracted services has been sent to the SUPPLIER.
5.1. Both parties undertake not to disclose confidential information and documentation concerning the other party, of which they have become aware by reason of the execution of this contract, other than that which is indispensable for its performance, and to keep it secret, even after the termination of this contract and for an indefinite period of time.
5.2. The professionals that the SUPPLIER will provide to the client will maintain strict confidentiality of the sensitive information shared, following any protocol or guidelines that the CLIENT may wish to impose to safeguard such information, following the criterion of proportionality.
6.1. In the event that the professional assigned for the provision of services is liable for any damage caused by the defective provision of its services either by wilful act or omission, negligence or lack of care, the SUPPLIER shall only be liable for any claim up to the total amount of the amount paid by the CUSTOMER for the provision of services.
6.2. The SUPPLIER informs the CUSTOMER that the assigned professional is registered with the special regime for self-employed workers with Social Security and it is obliged to take out civil liability insurance for the performance of their duties.
7.1. The SUPPLIER shall not be liable for non-performance of its obligations if such non-performance is due to a Force Majeure event. A Force Majeure event shall be considered to be an event or condition beyond the reasonable control of a Party and which cannot reasonably be foreseen, including natural disasters or catastrophic conditions such as fires, floods, earthquakes, typhoons, epidemics, wars, riots, revolutions.
8.1. The parties are subject to Spanish law and in particular, to the consumer regulations, and set as their domicile for notifications those appearing in this contract and, waiving their own jurisdiction and domicile in the event that it should be different, they submit to the territorial jurisdiction of the Courts and Tribunals of Marbella for all matters arising from this contract.
9.1. The parties, prior to any type of judicial claim for the resolution conflicts, expressly submit to the attempt at conciliation or mediation by the corresponding body.
10.1. If the professional assigned to provide the domestic service is unable to perform his/her duties due to illness, force majeure or any other unforeseen circumstance, the SUPPLIER will promptly provide a replacement at no additional cost to the Client.
10.2. The substitute professional shall have an equal or higher level of qualification and shall be fully informed of the Client's needs in order to ensure continuity in the provision of the service in accordance with the contracted services.
10.3. The SUPPLIER shall also guarantee that the substitute professional will maintain its obligations of confidentiality in its relations with the client.
11.1. The SUPPLIER guarantees that all PROFESSIONALS have undergone a prior security check before providing their services, having previously undergone rigorous checks, including those of their criminal record, before being assigned to any client.
11.2. In the performance of their duties, the SUPPLIER guarantees that the selected professionals have been checked to ensure that they have the appropriate training to carry out the agreed tasks.
12.1. During the term of this Contract and for a period of three (3) years after its termination, the CUSTOMER undertakes not to directly hire any of the professionals who provide services through the SUPPLIER.
12.2. In the event of breach of the above clause, the CUSTOMER shall indemnify the SUPPLIER in the amount of (_____euros), without prejudice to any possible claim for damages suffered.
13.1. This contract shall be subject the current regulations on personal data protection, in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council (RGPD) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD) and other complementary regulations.)
13.2. The SUPPLIER undertakes to inform the CUSTOMER as soon as possible of any breach of security or unauthorised access in which there is a high risk to its personal data in order to mitigate the risks associated with the incident generated by the breach.
14.1. In case of dispute, the parties appearing agree that the Spanish version of this contract will prevail, the English version having mere informative purposes.
15.1 By booking services through the Supplier, the Client expressly agrees to the terms and conditions set forth in this contract.