Terms & Conditions
1. DEFINITIONS AND INTERPRETATION
These terms and conditions shall represent a legally binding contract between the client or employer (the "Client") and the Pinoyaya Social Welfare Services (the “Agency"). The verbal/written instruction by the Client to the Agency to submit suitable Candidates for contact or interview or arrangement of interviews shall constitute acceptance of these terms and conditions by the client.
In these Terms and Conditions of Business and elsewhere in the Agency's literature the following bold typed words commence with capital letters they have the following meanings unless the context otherwise requires:
1.1.“Agency" shall be Pinoyaya Social Welfare Services, with the following registered office: AYALA CENTRAL BLOC, BUSINESS TOWER 1, I.T. PARK, CEBU CITY, PHILIPPINES 6000, Pinoyaya Social Welfare Services act as a matching service that matches and introduces suitable Candidates to work for the Client.
1.2."Client" shall be any person, parent, family member, or a third party appointed by such person named on the Client Registration Form for whom the Agency has agreed to provide the Services in accordance with these Conditions.
1.3. "Candidate" means a person introduced by the Agency to the Client as requested for the purposes of employment as a nanny, cook, personal assistant, housekeeper, house manager, babysitter, or any other household staff on a temporary or a permanent basis, whether full or part-time.
1.4. ’’Registration fee’’ means the initial registration fee paid before paying the full Placement fee.
1.5. ’Placement fee’’ means the full fee for placing a Candidate with a Client after the initial registration fee is paid, which is equivalent to one candidate’s agreed salary minus the Registration fee.
1.6. “Retainer Fee” means payment for subscribing to one of the available packages as presented on the website such as PARTNER+, PARTNER90, PARTNER365.
1.7. “Agency fee” means a Placement fee plus the Registration Fee.
1.8. “Business Day” means any day excluding Saturday, Sunday, and any other day which in the Republic of the Philippines is a legal holiday or a day on which financial institutions are authorized by law or by local proclamation to close.
The Client needs to provide a minimum of two documents to the agency, a copy of their passport as proof of identification and a proof of address such as a household bill to confirm their personal address before we arrange an interview with our candidates. No interviews are to take place before the client provides these documents to the agency. Interviews can be done in person or over the phone. Clients agree to inform the agency in writing of any interviews taking place and to reimburse reasonable traveling expenses for those Candidates.
3. CLIENT’S RIGHTS & OBLIGATIONS
3.1. The Client agrees to notify the Agency, either verbally or in writing, as soon as an offer of employment has been made and accepted by the Candidate and to supply the Agency with details of the date of commencement, length of the engagement, and agreed net monthly wages and to pay the relevant Placement fee to the agency in accordance with our terms and conditions as a result of such engagement.
3.2. The Client will be held responsible for bypassing the agency in cases where the Client failed to inform the agency about the start of employment within 3 days from the day of offer of employment being made. They will be held responsible for paying full Placement fees including a 50% penalty surcharge.
3.3. The Client is responsible for the employment of the Candidate in accordance with all applicable employment legislation based on the employment law in the country of employment. The client undertakes to become the sole employer of the Candidate.
3.4. The Client undertakes to provide a contract of employment upon engagement and is responsible for the candidate's Tax and Government contributions, and satisfying any medical requirements or qualifications as required by law. A copy of the signed contract needs to be emailed to the Agency within 3 days from the date of commencement.
3.5. The Client (or an appointed person) needs to provide a copy of their passport as proof of identification and proof of address such as their household bill to confirm their personal address before the Agency arranges any interviews with the candidates and/or before the Candidate's start of employment.
3.6. The Client is solely responsible for the suitability of the Candidate and it is purely his/her decision to employ or to interview the Candidate. The Agency cannot be held responsible for any mistakes in the candidate's portfolio as those are provided directly by the Candidate. The client agrees to satisfy himself as to the suitability of the Candidate by interviewing, taking up any references, copies of documents provided by the Candidate to the Agency, and to make appropriate checks of childcare qualifications or driving certifications before commencing employment or the interview. The client needs to request those in writing and the agency will release them after obtaining the Candidate's permission to do so.
3.7. The Client agrees to notify the Agency if the nature of employment of the Candidate changes in any way during the first six months from commencement and agrees to pay an additional fee (Placement fee for such service minus placement fees already paid) should there be an increase in working hours or days of work originally required when the Candidate started the employment.
3.8. If the position of employment is temporary and the Candidate subsequently rejoins the Client at any time in the future after the agreed period for further employment, the Client undertakes to inform the Agency and pay the relevant placement fee again. Should the original length of temporary employment be extended; the Client must notify the Agency and is required to pay an additional Fee.
3.9. Clients agree not to disclose any introductions of Candidates to third parties. The personal and contact details of Candidates shall be kept strictly confidential by Clients. Any breach of this undertaking resulting in the employment of a Candidate by a third party renders the Client liable for full payment of the Agency's placement fee.
3.10. The Client is responsible for paying the Candidate's agreed salary.
4. AGENCY’S RIGHTS & OBLIGATIONS
4.1. The Agency conducts its business as a matching service that matches and introduces suitable Candidates to work for the client with the purpose of effecting introductions between persons desiring to enter into contracts for services.
4.2. The Agency endeavors to establish the suitability of any Candidate for introduction to the Client by taking up a minimum of two references from each Candidate. However, all responsibility for ascertaining the suitability of a Candidate for the engagement remains with the Client.
4.3. The Agency holds no responsibility for the Client and Candidate’s employment contract, portfolio, and any matters associated with it are to be arranged between Client and Candidate. The Agency offers a contract of employment only as a sample guide for the Client and Candidate to use.
4.4. The Agency cannot be under any circumstances held responsible and excludes liability for any loss, damage, delay, inconvenience, problems, costs incurred due to damage to property or theft of property, death, injuries or accidents incurred or suffered by the Client, the Clients family, servants, or the Client's assets caused directly or indirectly during employment or introduction of the Candidate allegedly arising from the acts or character of the Candidate introduced by the Agency, or, to the extent permitted by law, in respect of services provided by the Agency, even if such act or omission is negligent or fraudulent or reveals any dishonesty. Any losses shall be limited to the Placement Fees paid to the Agency in respect of a placement.
4.5. The Agency does not offer any warranty for the Candidate's suitability, personality, character, honesty, and reliability.
4.6. The Agency does not employ any of the Candidates directly or indirectly. Candidates are introduced to Clients and they will be always employed by the Client unless the Candidate is self-employed (this only applies to child-minders or maternity nurses, a standard nanny can not be self-employed). Candidates shall be under the supervision, direction, and control of the Client.
4.7. The Agency reserves the right to change or add to the above Terms and Conditions without prior notification, however, all changes will be posted on this website and/or when necessary, will send a new agreement to the Client and the Candidate. It's your responsibility to check these Terms and Conditions in case there are any changes. Continuing to use the site and our services after a change has been made is your acceptance of the changes.
5.1. Registration Fee is ₱6,000, and upon paying this fee, the Agency will start sending the Client, candidate’s profiles.
5.2. The placement fee payable will be dependent on the total agreed wage by the Candidate and the Client, minus the Registration fee, and shall be payable in accordance with the fee structure provided in the Invoice.
5.3. A Retainer fee is offered to the Client as a subscription plan:
5.3.1. Details about the subscriptions are published on Agency’s website.
5.3.2. PARTNER+ is a monthly subscription and paid monthly.
5.3.3. PARTNER 90 is a quarterly subscription and paid for 3 months of subscription.
5.3.4. PARTNER 365 is an annual subscription and pays for 12 months of subscription.
5.4. All introduction fees are inclusive of VAT.
5.5. The Retainer and Placement fees are non-refundable.
5.6. If a candidate introduced by the Agency is rejected (or rejects an offer of employment) by the Client, a full introduction fee will be payable if the candidate is subsequently employed by the Client at any time.
5.7. The invoice issued by the Agency must be settled in full prior to the Candidate commencing Engagement with the Client. In the case of Candidates for temporary positions, the Client agrees to settle any invoice prior to the commencement of the temporary placement.
5.8. The Candidate will not commence employment prior to the full settlement of the invoice.
5.9. All invoices not settled within the due mentioned on the invoice date will be passed to the Debt collector which will result in additional charges.
6.1. The Client can request a FULL refund only as long as the Agency did not send any Candidate’s profiles to the Client.
6.2. The Client can request a 50% refund if received already candidates’ profiles and until the first 3 business days from the payment date.
6.3. NO REFUND after 3 business days.
6.4. NO REFUND for the Retainer fees.
6.5. To assure the Client with receiving the service he/she paid for, the Agency will send profiles only relevant to the Client’s request, and up to 5 profiles total per Registration Fee.
7. ADDITIONAL FEES
7.1. If a client employs a member of staff who has been introduced by Pinoyaya but does not inform the Agency within 3 days, the fee payable will be subject to a 50% surcharge.
7.2. Where a temporary position subsequently becomes a permanent position, the Client shall be required to pay the relevant full Agency Fee for the permanent position.
7.3. If a Candidate employed by the Client on a temporary basis is re-employed by the Client within six calendar months of the termination of the original period of employment (whether such re-employment is on a temporary or permanent basis) then a further Agency Fee shall be payable by the Client to the Agency. Such fee shall be equal to the Agency Fee which would have been payable if the Agency had introduced the Candidate to the Client at the time of re-employment.
7.4. In the event that a Client does not hire a Candidate following the initial Introduction by the Agency but subsequently approaches the Candidate (not through the Agency) directly within 2 years of initial introduction offering Engagement, then the Client shall be liable to pay the agency fee which would have been payable if the Agency had introduced the Candidate to the Client.
7.5. For the purposes of attending interviews, the Client is responsible for a Candidate's reasonable traveling expenses which are properly incurred and evidenced by appropriate receipts. The Client shall settle this directly with the Candidates.
8.1. If a Client withdraws an offer of confirmed employment or cancels the confirmed booking prior to the Candidate's start date, 30% of Candidate’s wage will be payable by the Client to the Candidate as a cancellation fee. Payment will become due within five working days from the date of invoice.
8.2. Should a Candidate cancel the confirmed and already paid booking, the agency will offer a replacement candidate free of charge. If the Client does not wish to accept the replacement candidate from the agency or does not wish to use the service of the agency for finding a suitable replacement, then 50% of paid agency fee will be refunded to the client.
9. TERMINATION OF EMPLOYMENT
All instances of termination of employment where a replacement is claimed must be notified in writing to the Agency within three days of the termination of employment.
10.1. Should the Candidate leave the employment within 4 weeks from commencing such employment, the Agency will offer one replacement Candidate free of charge. The client is eligible for one free replacement Candidate only. The Agency shall be obliged to provide the Client with up to 5 candidate profiles for a free replacement. Such profiles will be selected based on the information originally provided in the Client's registration form and will be provided within 1 month of notification.
10.2. The Agency accepts no liability and is not obliged to offer a Replacement or any refund to the extent that the Client finds the profiles unacceptable and does not want to engage any of the potential Candidates. Neither the Client nor the Agency will be able to discriminate unlawfully when Candidates are being selected for either an initial placement or for a replacement. The Agency will not accept the refusal of a Candidate or a Replacement Candidate on anything other than legitimate grounds.
10.3. The Client will only be eligible for one replacement Candidate under these Conditions and will no longer be eligible for a replacement Candidate after the first Candidate has been replaced.
10.4. The Agency will offer replacements if the following conditions have been satisfied:
10.4.1. The Client paid the full registration fee prior to the interview commencement.
10.4.2.The Client has paid for the placement fee in full within five days from the invoice date and prior to the Candidate's start of employment.
10.4.3. The Client has notified the Agency of the termination of employment of a candidate in writing within 5 days of termination.
10.4.4. The reason for firing a candidate is in line with the employment contract, such as serious misconduct, constant illness, etc.
10.4.5. The Candidate has not canceled the engagement due to unreasonable requirements by the Client.
10.4.6. The Client has not changed the employment conditions, such as working hours, location of employment, and duties as originally agreed by the Candidate and Client in the contract.
10.4.7. The Candidate's working conditions and/or the way the Client treated the Candidate were satisfactory. Pinoyaya’s decision will be final in this respect.
10.4.8. The Client was not physically or verbally aggressive towards the Candidate or Agency's representative.
10.4.9. The client followed his/her legal obligations, such as government contributions, paid for the Candidate's taxes, and other (proof must be provided- Candidate’s last payslip).
10.4.10. Please note that once the Client advises the agency to look for a replacement Candidate and then finds a new Candidate via another source, the Agency will not offer any further replacements.
Any material found within the pages of our website including text or images may not be copied, reproduced, republished, downloaded, posted, broadcast, or transmitted in any way. Permission for any other use must be obtained by contacting Pinoyaya Social Welfare Services.
12. BILLING AND PAYMENT
12.1. The Fees described above (clause 5), will be paid by the Client to the Agency via Agency’s preferred payment methods.
12.2. The payment shall be settled no longer than five (5) business days from the payment day.
12.3. For the first payment, the Agency will bill the Client with an invoice to settle the first payment that includes the Registration Fee and Placement Fee.
12.4. The Client must send proof of payment to the Agency upon every provided payment by the Client to the Agency.
12.5. The Client will receive from the Agency an official receipt for each payment after it was made and confirmation of receipt.
12.6. Acceptable payment methods: Bank Transfer, Cash on Hand in the office, GCASH, Palawan, and/or any other accepted method of payment by the Agency.
12.7. The Client shall pay the Fees only to the Agency and not through the Candidates.
13. TERMINATION BY PINOYAYA SOCIAL WELFARE SERVICES
13.1. The Agency may terminate the Retainer subscription at any time if the Client did not follow Agency’s payment terms and served a notice to pay.
13.2. In act of misconduct from the Client’s side towards the Agency and its hired Candidate’s.
13.3. The Agency will terminate the Retainer subscription if the Client avoiding the Agency and misconducting in terms of not answering messages or emails or phone calls, not paying for the services, bad talk about the Agency and using bad words against the Agency and the Candidates, not following instructions of the Agency, stealing personal data, not providing the requirements as in this agreement, violating the NDA agreement and any act that will be against the Agency.
13.4. In addition, the Agency reserves to itself the right to file a lawsuit against the Client for the damages and misconducts with court fees.
14. NON-DISCLOSURE AND NON-COMPETITION
14.1. The Client has no right to disclose any confidential information gathered during the agreement period to third parties or/and to his own benefits.
14.2. Should there be judicial proceedings that may arise due to circumvention or unauthorized disclosure as above-stated and other action that may happen that made lose to the Agency by the Client, The Agency as circumvented party shall be likewise entitled to attorney’s fees and litigation costs.
15. RETAINER PARTNER PLANS
15.1. NO REFUND policy for any PARTNER PLAN.
15.2. The plan meant to secure the client from the Candidate leave the employment. The Agency offers a replacement for the Candidate. The client is eligible for free replacement Candidates as part of the Plan.
15.3. The Agency shall be obliged to provide the Client with up to 5 candidate profiles for a free replacement for each Replacement request. Such profiles will be selected based on the information originally provided in the Client's registration form and will be provided within 1 month of notification.
15.4. For Partner 90 & 365, the Agency offers Training upon request. The Training will be free of charge for up to 4 hours a month by the professional and exceeded hours will be charged to the Client. In addition, other charges such as transportation and Over-Time and any additional charge excluding professional fee will be charged to the Client.
16. MODIFICATION OF TERMS
Any modifications to the terms and conditions can be done by the agency at any time and it is the responsibility of the clients to check the terms and conditions. In addition, the agency will update the existing clients with the update.