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- PINAY HOUSE KEEPING SERVICE LITE TERMS OF SERVICE
PINAY HOUSE KEEPING SERVICE LITE TERMS OF SERVICE
The terms of service (the “Terms of Service”) will set out our policies each customer (“Member”) must follow when using our PINAY HOUSEKEEPING SERVICE LITE (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”).
- Application (Registration)
- In order to apply for the Service, Member shall first agree to the Terms of Service, and make registration in the WEB application form available at the WEB site that Company operates (URL: https://pinay.jp/lp5/, the “Site”). No writing in tangible form will be used in entering into the Agreement.
- The applicant shall warrant that all the information he/she has used in registration is true and correct. If any error is discovered or any change later occurs, Member shall at his/her responsibility make necessary correction in the registration information within 14 days. If Member suffers any damage that may be caused by any error or omission in the registration information, Company shall not be held liable for such damage.
- The service agreement will become effective when Company, after reviewing the application, sends notice of acceptance to the applicant, then the applicant becomes a Member.
- Company may not accept application if the applicant falls into any of the following to Company’s sole judgement:
- The information provided to Company at application, in part or in all, is false or contains error or omissions;
- The Service has been or is suspended to the applicant;
- The applicant has breached any of its obligations under the Agreement or any other agreement between the applicant and Company, or there is a doubt that the applicant may breach any of such obligations;
- The applicant is any of the person or entity described in Article 19(1), or belongs to or has any relationship with such person or entity; or
- Otherwise Company deems inappropriate.
- The Service is housekeeping services (cleaning Member’s bathroom/kitchen, and so on) within the general scope designated by Company and related services to the foregoing performed in Member’s house by a Company’s staff
- The scope of the Service, operation hours of the Service, and cleaning tools to be used for the Service are described on the Site. Details of the Service to be performed for each Member shall be determined through consultation between Member and Company within the general scope designated by Company.
- Company will make its effort for Member’s satisfaction, however, Company does not guarantee the Service be perfect for each Member.
- 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, air conditions, and so on).
- Company will not perform any service other than those described in Article 3(1).
- For training or coordination purposes Company’s employees may accompany its staff to Member’s house from time to time in the course of the Service.
- The Service will be performed on weekdays but not on weekends (Saturday and Sunday) nor holidays. Even if any scheduled day for the Service falls into a holiday or a substitute holiday, there will be no makeup.
- Service Fee
- The fee for the Service (the “Service Fee”) will be as set forth separately.
- Member will pay the Service Fee for the period up to the next month by credit card by the designated due date. For the first month of the Service, the Service Fee shall be paid proportionate to the number of days the Service is provided in the first month, and for the following month. If the registration of Member’s credit card is not made in time for the next payment, the Service Fee for the first month shall be wire-transferred to the designated bank account.
- In the event Member fails to pay the Service Fee within one (1) month from the due date, Member will be imposed as a late charge ten (10) % of the accrued amount from the immediate following day of the due date. Further, the Service will be suspended until the payment is received by Company. When the Service is resumed after receipt of the payment, the assigned staff and schedule may be changed.
- Even during the term of the Agreement Company may change the amount of the fee due to any change or repeal of any relevant laws or regulations, change in economic environments, or change in taxation. In this event, Company will give notice to Member of the fee change and scheduled effective date one month prior to the change. On and after the effective date, Member will pay the revised fee.
- Member is required to purchase cleaning tools (2000 yen～) at or before the first Service. Necessary cleaning tools will be subsequently discussed and agreed upon by Member and Company.
- Member will notify Company by 17:00 two days (excluding Saturdays, national holidays, and new year holidays) before a scheduled day that Member wishes to cancel the Service for that particular day. Company makes effort to reschedule alternate date of the same month. In such case the assigned staff may be change. Even if Company is unable to reschedule an alternate date, no reduction will be made to the Service Fee for the month.
- If Company’s staff is unable to enter or start the Service in Member’s house after 30 minutes have passed on a scheduled day and time due to a cause not attributable to Company, the Service will not be performed for such week. Member shall pay the Service Fee stipulated in Article 4(1) even if the Service has not been performed for a week/weeks by operation of this paragraph.
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). Except to a theft committed by Company’s staff, Company shall not be held liable for any lost valuables.
- Liquidated Damage
If Member suffers damage in the course of the Service being performed due to causes attributable to Company or its staff, Company will pay such damage within the coverage of insurance that Company obtains. Provided, however, that for damage caused by slight negligence of Company’s staff, if the monthly Service Fee for such Member is 100,000 yen or more, Company’s liability is limited to the amount equal to 100,000 yen. If the Service Fee for such Member is less than 100,000 yen, Company’s liability is limited to the amount equal to the monthly Service Fee. 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.
- Limitation of the Service
Member will notify Company in advance if Member or anyone of his/her family member suffers from any infectious disease. In this event Company may at its sole judgement withhold rendering the Service.
- Change of the Scope of the Service
In case Member wishes to change the scope of the Service he/she receives, Member will notify Company of such request one month prior to the date Member wishes to make the change (if notice is given on either Saturday, Sunday, or any national holiday, 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 will 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.
- The term of the Agreement will be one year from the effective date.
- The term of the Agreement will 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 years. 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.
- Termination or Suspension By Member
- Member may terminate the Agreement any time during the term of the Agreement. The Agreement will be terminated at the end of the following month of the date when Member gives notice to Company (except termination during the cooling-off term).
Example: Notice sent on May 16, 2017, the Agreement terminates on June 30, 2017.
- 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 Saturdays, Sundays and new year holidays. If the last day of such month falls into Saturday, Sunday or new year holidays, the previous day of Saturday, Sunday or the new year holiday) 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.
Example: Notice sent on January 16, 2020, the Service will be suspended on and after March 1, 2020.
- 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.
- During the long-term suspension, no basic fee will be charged, although the assigned staff will 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.
- 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 pay all the payments accrued.
- Member has done any act against public policy or any act in violation of any laws or regulations;
- Filing is made against Member for attachment, provisional attachment, provisional disposition, enforcement, or foreclosure sale;
- Coercive collection for tax occurs against Member;
- Member suspends payments or becomes insolvent;
- Filing is made against Member for bankruptcy or any similar proceedings;
- Material change occurs in Members assets, credit, or ability to make payments;
- Member has hurt Company’s reputation or credit, or does material harm to Company;
- Member failed to perform any of his/her obligations under the Agreement;
- Member has violated any provision of the Agreement; or
- In addition to the foregoing any situation arises that makes it difficult to perform obligations under the Agreement.
- Member will notify Company of any doubt or complaint regarding working attitude of Company’s staff or the Service
- Member will immediately notify Company of any change of his/her address, phone number, or the place of his/her work.
- Prohibited Behavior
Member is prohibited from doing any of the following:
- Sexual harassment against Company’s staff;
- Power harassment against Company’s staff;
- Any discriminately behavior against Company’s staff;
- Asking Company’s staff to do services not within the scope of the Service;
- Asking Company’s staff’s contact (address, phone number and so on);
- Providing Company’s staff with cash or gifts as gratuity.
- No Direct Dealing
- Member (including his/her family member within the second degree) shall not, during and two years after the term of the Agreement, enter into a similar service agreement with any of Company’s staff, persons who used to work as Company’s staff, any company, or other entity or individual that hires Company’s staff (including by employment, service contract, or any other types of contract).
- If Member (including his/her family member who lives with Member) is in violation of the previous paragraph, Member shall pay to Company 500,000 yen as penalty and be liable for damage Company has suffered.
- No Solicitation
- Member shall not solicit Company’s staff to work for him/her or any third party in order for him/her or the third party to operate housekeeping services similar to the Service.
- If Member is in violation of the previous paragraph, Member shall pay to Company one million (1,000,000) yen as liquidated damage.
- Member shall keep in confidence and not divulge any confidential information including customer lists, business information or otherwise (“Confidential Information”), and shall not use it for any purpose other than using the Service.
- If Member uses or disclose 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.
- Personal Information
- Exclusion of Anti Social Forces
- Member shall represent, warrant, and agree that Member does not, and will not fall into any of the following:
- Member is or has been anti-social forces (“Anti-Social Forces” means 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 professional racketeer at stockholder’s meetings (or “Sokaiya”), a anti social group in the guise of social movements or an organized crime group specializing in specific intelligent crimes, or any other equivalent of the forgoing (“ASF”);
- Member had unlawfully used ASF in furtherance of interests of Member or any third party;
- Member has provided funds or benefits to ASF;
- Member has so close relationship with ASF that may be socially accusable;
- Member is a person who is publicly recognized, or generally recognized by public media or otherwise as a person having committed any violent or coercive crimes, or has relationship with or is related to such person;
- Member himself/herself has done or caused any third party to do fraudulent or violent actions or given threatening words to Company;
- Member himself/herself has harmed or caused any third party to harm Company’s reputation or credit by spreading false facts, using fraudulent or coercive actions, or has done things that give rise to doubt the foregoing; or
- Any equivalent of the above, or Member has done any equivalent action of the above.
- If Member breached any representation or warranties of the previous paragraph, Company may terminate the Agreement without prior notice or demand.
- If the Agreement terminates in part or in all pursuant to the previous paragraph, Company shall not be held liable for Member’s damage caused by such termination. If Company suffers any damage due to such termination, Member shall be liable for all such damage.
- Modification of the Terms of Service
Company may modify provisions of the Terms of Service due to any change of any relevant laws or regulations, change in economic environments, or otherwise when Company deems necessary. If any part of the Terms of Service is modified, Company shall give notice to Member. Member shall be deemed to agree the modification of the Terms of Service if Member receives the Service after receipt of such notice, or does not object within a certain period of time Company may designate.
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.
- 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 4 3 2020