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PINAY HOUSEKEEPING SERVICE TERMS OF SERVICE

 

PINAY HOUSE KEEPING SERVICE TERMS OF SERVICE

 

 

1 General

The terms of service (the “Terms of Service”) will set out our policies each customer (“Member”) must follow when using our PINAY HOUSE KEEPING SERVICE (the “Service”) that Pinay International Ltd. (“Company”) makes available, and the terms and conditions of the service agreement between Member and Company. If you do not agree to the Terms of Service, you are not able to use the Service. The Terms of Service shall apply to all the service agreement for the Service between Member and Company (the “Agreement”).

 

2 Service

(1) The Service is housekeeping services in general (cleaning, doing laundry, cooking, and others) and related services to the foregoing to be performed in Member’s house by a Company’s staff.

(2) Company will make its efforts for Member’s satisfaction, but Company does not guarantee that the Service be perfect for each Member.

(3) Member agrees to allow Company’s staff to use for free utensils and equipment in Member’s house (electricity, gas, water, cleaning tools, laundry machine, cooking utensils and equipment, food, air conditions, and others).

(4) Company may ask Member to deposit keys to the Member’s house (for additional fees) for the Service. In this case Company will keep two keys and issue an acknowledgement of receipt.

- One of the keys will be kept by the assigned staff, and the other will be kept by Company.

- In case of loss, Company shall immediately report to the police, and bear the cost for replacing the affected lock of Member’s house.

- If only one key is deposited, Company may not be able to cope with Member’s request to shift a staff from the assigned one to another during Member’s absence.

(5) The following works are not included in the scope of the Service:

① Work that involves danger to physical safety;

Ex., high-place work at three steps or more of a stepladder, carrying a heavy stuff, use of strong detergent at the place higher than eye height, work getting over edges of a bathtub.

② Driving (including driving a bicycle or other light vehicles);

③ Nursing care and medical treatment (including medication);

④ Special cleaning within the scope of house cleaning;

Ex., cleaning air conditions, cleaning ventilation fans, cleaning with detergent a ceiling of a bathroom.

⑤ Sitter work (baby-sitting, pet sitting (including without limitation, feeding and taking a pet walk), or kids sitting);

⑥ Work that accompanies substantial responsibilities (ex. carrying cash);

⑦ Collecting items no longer of use, collecting trash;

⑧ Such conduct as massage that requires body contact;

⑨ Professional garden cleaning and gardening;

Ex., transplanting flowers, pruning, cleaning a pond

⑩ Treating and cleaning filth including the excrement outside the bathroom or the mess of a pet outside its cage; or

⑪ Other works of which Company does not provide training to its staff.

Ex., sewing, wash shoes, ironing kimono, packing for moving, car wash

(6) For training or coordination purposes Company’s employees may accompany its staff to Member’s house in the course of the Service.

(7) If Member has a pet, please keep the pet during the cleaning work in a cage or in a room outside the work area. If this request is not observed, the staff may not enter the room for cleaning. Company is in no way responsible for any damage to furniture or the room due to the mess from the pet. Member will be responsible for any damage that any of Company, Company’s staff or employee may suffer due to the pet.

 

3 Service Fee

(1) The fees for the Service (the “Service Fee”) are as follows:

① Basic fee

Basic fee is fixed on a monthly basis.

Estimate: an example case three (3) hours of work, Monday through Friday

Frequency

Hourly rate (yen)

Monthly Fee

(3 hours per day)

Per occasion

Once a week

4,070

56,760

13,200

Twice a week

4,070

113,520

13,200

Three times a week

4,070

170,280

13,200

Four times a week

4,070

216,480

13,200

Five times a week

4,070

270,600

13,200

Six times a week

Please consult with Company

One-time spot

4,950

15,840

* The basic fee is leveled by calculating the fee as 4.3 weeks a month for the frequency of 1 to 3 times per week (52 weeks a year), 4.1 weeks a month for the frequency of 4 times or more per week (49 weeks a year).

* The above fee schedule is calculated with 10 percent (as of October 1st, 2019) consumption tax. If the tax rate changes, the fee will be changed accordingly.

* The Service will be performed on Saturdays and national holidays except the end of the year and new year holidays. No Service on Sundays.

* The basic fee will not be changed for Members who uses the Service 4 times or more per week and who entered into the Agreement in or prior to December 2018.

② Transportation fee

Member shall pay flat rate 990 yen per service (no tax) to Company as transportation expenses of Company’s staff.

③ Overtime fee (applicable from 8:00 pm to 9:00 am of the next day)

If the Service is performed early in the morning or at night, twenty five (25) % overtime fee to each basic hourly rate will be charged.

④ Saturday additional fee

If the Service is performed on Saturday, 330 yen per hour will be added to the applicable basic fee hourly rate. *No additional fee for national holidays.

⑤ Extended hour fee

If the time for the Service being performed exceeds the hours stipulated under the Agreement, extended hour fee will be charged every 15 minutes according to each hourly rate, provided that Company may decline the extension depending on schedules of its staffs.

⑥ Fee for purchasing goods necessary for the Service

It is Member’s responsibility to purchase goods necessary for the Service. If Company’s staff is required to purchase such goods for Member on a temporary basis as cleaning goods, regardless the actual time needed, 30 minutes extended hour fee will be charged because such service is performed outside the ambit of the agreed hours.

(2) Invoices for the Service will be issued to Member as follows:

① Company will calculate the fixed monthly basic fee at the time of executing the Agreement. Company will issue an invoice one month prior to the Service to be performed (if the Agreement is executed at the end of a month, Company will issue an invoice by the fifth business day of the following month).

② The first invoice will include the basic fee for the month in which the Agreement was executed and the basic fee for the following month.

③ The additional fees stipulated in Article 3(1) ③ through ⑥ will be included in the balance of the invoice for the following month.

* For Members who entered into the Agreement in or prior to December 2018, invoicing schedule remains the same as the 5th business day of the following month of the Service having been performed.

(3) Member shall pay the Service Fee by the due date stipulated in the Agreement.

(4) In the event Member fails to pay the service fees by the specified due date in this agreement, Company will suspend the provision of the service until the day the service fee is paid or until the day before the termination of the main contract according to the following clause. Please note that the service fees will continue to accrue and there will be no reduction even if the service is suspended. Once the payment of the service fees is confirmed, Company will resume the provision of this service, but there may be changes to the staff and schedule.

(5) In the event Member fails to pay the service fees even after one month has passed from the due date, the contract will be automatically terminate.

(6) The payment manner of the Service Fee shall be by a credit card. Member must register its credit card information before the start of the Service. Company may not start the Service until and unless Company confirms that the credit card information is properly registered.

(7) Not withstanding the previous paragraph, if approved by Company, Member may choose an automatic withdrawal from the designated bank account or payment by a bank transfer (in this case Member will bear the bank charge) to pay the Service Fee.

(8) If the payment manner stipulated in the Agreement is an automatic withdrawal and a withdrawal turns out to be unsuccessful, Member shall pay the Service Fee by a bank transfer to the bank account designated by Company within three (3) business days after the relevant due date.

(9) If the member fails to pay the service fees by the specified payment date in this agreement, in addition to the unpaid service fees, Member shall pay to Company a late payment penalty of 10% per annum.

(10) During the contract period, Company may revise the service fees within a reasonable range due to change or repeal of any relevant laws or regulations, fluctuations in economic conditions, and increases or decreases in public charges and taxes. In the event of a revision of the service fees, Company will inform Member in advance of the revised service fees and the effective date of the revision through the Company’s website or other means of communication.

 

4 Cancel/Rescheduling

(1) Member shall notify Company by 17:00 two days (excluding Sundays and new year holidays) before a scheduled day that Member wishes to cancel the Service for that day. In this case, although the basic fee will not be reduced, Member is entitled to receive a make-up Service pursuant to Article 5.

* If hours for the Service is shortened due to Member’s convenience, there will be no make-up Service.

* Unless Member notify Company of cancellation, Company’s staff will perform the Service on national holidays.

(2) If Member makes cancellation after 17:00 two days (excluding Sundays and new year holidays) before a scheduled day, Member is not entitled to receive a make-up Service pursuant to Article 5, nor the basic fee will be reduced.

(3) If Company’s staff is unable to start the Service in Member’s house after 30 minutes have passed on a scheduled day and time due to a cause attributable to Member such as Member not being at home, the same stipulation in Article 4(2) applies.

(4) If the Service is not performed due to a cause attributable to Company (such as unscheduled absence of its staff), there will be no Service Fee for hours for which the Service was not performed (hours without the Service multiples by hourly rate). In this case, the said amount shall be deducted from the basic fee. Such deduction shall be reflected in the next invoice. Member is not entitled to receive a make-up Service pursuant to Article 5.

(5) If the Service is not performed due to a cause beyond control of Company such as earthquakes, fires, typhoons, epidemics, or traffic disturbance, although the basic fee will not be reduced, Member is entitled to receive a make-up Service pursuant to Article 5.

* For Member who uses the Service 4 times a week or more, because such Member is NOT entitled to receive a make-up Service, Article 4(4) applies to such Member.

 

5 Make-Up Service

(1) If Article 4(1) or Article 4(5) is operative, Company shall grant to Member a right to receive a make-up Service on an alternative date and time for hours for which the Service was supposed to be performed, provided, however, that the make-up Service will be performed by a staff different from the regularly assigned one.

(2) In exercising its right to a make-up Service, Member shall coordinate the schedule with Company. Member may not exercise its right to a make-up Service during the period for which Member suspends its use of the Service.

(3) Member’s right to receive a make-up Service shall be effective for six (6) months including the month in which the right was granted.

Ex., Cancellation on January 10th effective until June 30th

Cancellation on January 25th effective until June 30th

(4) If scheduling for a make-up Service fails by the end of the effective period, the right ceases to be effective. Even if the right ceases to be effective, Company is not obligated to make any compensation to Member holding such right.

(5) The right to receive a make-up Service will not be granted to Member who uses the Service four (4) times or more per week.* For fee calculation purpose, the number of weeks per year is discounted from 52 to 49 in levering the monthly basic fee.

(6) If Member receives a make-up Service on Saturday, Saturday additional fee as stipulated in Article 3(1)④ will be charged (additional flat rate 330 yen per hour).

 

6 Valuables

It is Member’s responsibility to not leave open in his/her rooms and keep in a locked storage all valuables (including without limitation, cash, cash equivalent, bank statements, gift certificates, cash cards, health insurance cards, driver’s licenses, passports, jewelries, receipts, personal seals (or “hankos”), and negotiable securities).

 

7 Liquidated Damage

If Member suffers damage in the course of the Service being performed due to causes attributable to Company or its staff, Company shall pay such damage within the coverage of insurance that Company obtains, provided that Company shall be liable for damage caused by any willful or grossly negligent conduct of Company or its staff. Member is encouraged to notify Company of the incident within three days from occurrence of such incident, as Company may not be able to appropriately deal with the situation without such notice.

 

8 Limitation of the Service

Member shall notify Company in advance if Member or anyone of his/her family members suffers from any infectious disease. In this event Company may at its sole judgement withhold rendering the Service.

 

9 Change of the Scope of the Service

In case Member wishes to change the scope of the Service he/she receives, Member shall notify Company of such request (if notice is given on Sunday, it shall be deemed that notice is given on the next business day). If such notice is received on or before 15th day of a month, Member and Company shall consult and agree to change the scope of the Service, which will be applicable from 1st day of the next month. If such notice is received on or after 16th day of a month, the changed scope will be applicable from 1st day of the month after next.

 

10 Term

(1) The term of the Agreement shall be one year from the effective date.

(2) The term of the Agreement shall be extended for one year if either Member or Company makes no manifestation of its will to terminate one month prior to the expiration of the Agreement. The same shall apply to the following renewed terms. Provided, however, that the Agreement shall automatically terminate if one year has elapsed without the Service being performed from the last day of the Service rendered.

 

11 Termination/Suspension By Member

(1) Member may terminate the Agreement at any time during the term of the Agreement by giving notice to Company by the end of a month (excluding Sundays and new year holidays) prior to the month from which Member wishes to terminate. The Agreement will be terminated at the end of the following month of the date on which Member gives notice to Company (except termination during the cooling-off term).

Ex., Notice sent on January 16th, the Agreement terminates on February 28th.

(2) Member may suspend the use the Service at any time during the term of the Agreement by giving notice to Company by the end of a month (excluding Sundays and new year holidays) prior to the month from which Member wishes to suspend (long-term suspension means suspension for a month or more.) The Service will be suspended at the end of the following month after Member has given notice to Company of long-term suspension.

Ex., Notice sent on January 16th, the Service will be suspended on February 28th.

(3) Notwithstanding Article 11(1) and 11(2), Member may terminate the Agreement or suspend the use of the Service with immediate effect if he/she gives notice and pays all the Service Fee for the period until the end of the following month.

(4) During the long-term suspension, no basic fee will be charged, although the assigned staff may be replaced to a different staff. If Member chooses to pay the basic fee even during the long-term suspension, Company will keep the assigned staff.

 

12 Termination by Company

Company may terminate the Agreement immediately without notice if any of the following is observed on the part of Member. In this event, all the obligations will become due and payable, and Member shall perform all the obligations accrued.

① Member has done any act against public policy or any act in violation of any laws or regulations;

② Filing was made against Member for attachment, provisional attachment, provisional disposition, enforcement, or foreclosure sale;

③ Coercive collection for tax has occurred against Member;

④ Member has suspended payments or has become insolvent;

⑤ Filing was made against Member for bankruptcy or any similar proceedings;

⑥ Material change has occurred in Members assets, credit, or ability to make payments;

⑦ Member has hurt Company’s reputation or credit, or does material harm to Company;

⑧ Member failed to perform any of his/her obligations under the Agreement;

⑨ Member has violated any provision of the Agreement;

⑩ Member requested any work beyond the scope of the Service; or Member acted as if Member requested any work beyond the scope of the Service; or

⑪ In addition to the foregoing any situation has arisen that made it difficult to perform obligations under the Agreement.

 

13 Notice

(1) Member shall notify Company of any doubt or complaint regarding working attitude of Company’s staff or the Service itself.

(2) Member shall immediately notify Company of any change of his/her address, phone number, or the place of his/her work.

 

14 Prohibited Behavior

Member is prohibited from doing any of the following:

① Sexual harassment against Company’s staff;

② Power harassment against Company’s staff;

③ Any discriminately behavior against Company’s staff;

④ Asking Company’s staff to do services not within the scope of the Service;

⑤ Asking Company’s staff’s contact (address, phone number and so on); or

⑥ Providing Company’s staff with cash or gifts as gratuity.

 

15 No Direct Dealing

(1) Member (including his/her family member who lives with Member) shall not, during and two years after the term of the Agreement, enter into a similar service agreement with any of Company’s staffs, Company’s ex-staffs, any company or other entity, group or any individual that hires Company’s staffs (regardless of the type of contract including employment, service contract, or others).

(2) If Member (including his/her family member who lives with Member) is in violation of Article 15(1), Member shall be liable for damages Company may suffer from the direct dealing in addition to payment in the amount of 500,000 yen as a penalty for violation.

 

16 No Solicitation

(1) Member shall not solicit Company’s staffs to work for him/her or any third party to operate housekeeping services similar to the Service.

(2) If Member is in violation of Article 16(1), Member shall pay to Company one million (1,000,000) yen as liquidated damage.

 

17 Confidentiality

(1) Member shall keep in confidence and not disclose Company’s confidential information including customer lists, business information and others (the “Confidential Information”), and shall not use the Confidential Information for any purpose other than using the Service.

(2) If Member uses or discloses to any third party the Confidential Information for his/her own or any third party’s business, Member shall pay to Company one million (1,000,000) yen as liquidated damage.

 

18 Personal Information

Company shall treat Member’s personal information in its custody appropriately in accordance with Personal Information Protection Act, its Rules, and Company’s Privacy Policy. Company’s Privacy Policy is available at https://pinay.jp/en/privacy/

 

19 Exclusion of Anti-Social Forces

(1) Member shall represent and warrant that Member (if Member is a legal entity, including its representatives, directors and auditors, employees, shareholders, or de-facto directors who control the legal entity) does not, and will not fall into any of the following: an organized crime group (or “Boryokudan”), a member or an associate member of an organized crime group, a related company or association of an organized crime group, a person for whom five (5) years have not yet elapsed since he/she ceased being a member of an organized crime group, a related company or association of an organized crime group, a professional racketeer at stockholder’s meetings (or “Sokaiya”), an anti-social group in the guise of political, religious, or social movements or an organized crime group specializing in specific intelligent crimes, or any other equivalent of the forgoing (“Anti-Social Forces” or “ASF”);

(2) If Company, to its own judgement, believes it necessary to investigate whether Member may fall into any of AFS, Member shall cooperate and provide Company with information and materials as per requested by Company.

(3) If Company determines that Member is any of AFS, Company may terminate the Agreement with immediate effect without prior notice or any other process.

(4) If the Agreement terminates pursuant to Article 19(3), Company shall not be held liable for Member’s damages caused by such termination.

(5) Company is not barred to claim against Member for damages Company may suffer due to termination pursuant to Article 19(3).

 

20 Modification of the Terms of Service

Company may modify any provision of the Terms of Service due to any change of any relevant laws or regulations, change in economic environments, or for other reasons Company determines necessary. If any part of the Terms of Service is to be modified, Company shall give notice to Member that the Terms of Service is to be modified, the provisions to be modified, and the effective date one month prior to the date from which the modification becomes effective. Member shall be deemed to agree the modification of the Terms of Service if Member receives the Service after the effective date of the modification or Member does not object to the modification within a period Company designates.

 

21 Consultation

For matters not stipulated in the Terms of Service, or any ambiguity in interpretation of the Terms of Service, Member and Company will consult each other and resolve the matters.

 

22 Jurisdiction and Venue

The parties hereto agree to refer any dispute arising out of the Agreement to exclusive jurisdiction of the Tokyo District Court or Tokyo Small Claim Court of Japan, depending on the economic value of claims.

 

Revised on July 1st 2023

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