TERMS & CONDITIONS
Skivvy services LLP (hereinafter referred to as “Housmaid” or “Us”), primarily operates, controls and manages the Services (through Service Providers such as Maid, Cook, Babysitter, Gardner, Servant, Driver, Elder Care and Pantry Boy, etc. hereinafter referred to as “Worker”) provided by it through its website www.housmaid.com operated from its corporate office at Unit No. 534, Spaze IT Park, 5th Floor, Sohna Road, Sector 49, Gurugram, Haryana – 122001 (“Gurgaon Corporate Office”). The Terms and Conditions mentioned hereinafter are applicable to all individuals who use the website or intend to use the website www.housmaid.com or avail the services provided by Housmaid (hereinafter also referred to as “User or “You”).
That Housmaid is a online platform for hiring Maid, Cook, Babysitter, Gardner, Servant, Driver, Elder Care, and Pantry Boy, etc. as per Client’s budget and requirements. We attempt to make the flow of the process easy in order to meet your requirements and assist you with the same.
That Housmaid is an ethical and law-abiding entity committed to the service of providing its Clients with Workers appropriate for prescribed jobs and with providing Workers a safe, secure and appropriate working environment. Housmaid has a no-tolerance policy against any individual committing crimes or violating the law, whether a Worker or a Client. Housmaid shall take strict actions against the Client in the event that Housmaid suspects, receives information or is informed of any action, inaction or intention of the Client to commit illegal or unlawful activities against the Worker. In the event that you are found to be participating in any unlawful, illegal or questionable activity, Housmaid will take immediate actions against you.
You undertake under all circumstances, to notify Housmaid immediately upon agreeing to hire a Worker introduced by us; You specifically agree that by using the website, you are at least 18 years of age and you are competent under law to enter into a legally binding and enforceable contract.
We understand that each Worker you hire is going to be as per your expectation and requirements and we will make our best attempt to provide you appropriate Workers; in case We are unable to provide you Workers as per your expectations we will provide you replacements upon your request, when provided reasonable issues from your end as mentioned and specified above;
While every endeavour is made by Housmaid to introduce satisfactory candidates to the client, it is the responsibility of the client to satisfy themselves of the suitability of an applicant before hiring them. If required the client may arrange medical examinations or background check, reference check, etc. of the candidate prior to hiring them. Housmaid will assist and help wherever possible to facilitate the process.
We will be following a KYC procedure to collect relevant information and documentation on each Worker. Housmaid shall get the Aadhar verification check (using online medium) done for the Worker, to ensure that the identity and details provided by the Worker are legitimate.
Details for Work: Prior to the placement of the Worker, you have to give us the ‘job description’ of the type of work the Worker needs to do and the salary offered. You cannot make the Worker do anything outside the job description nor reduce the salary of the Worker, that is agreed upon. If the Worker leaves because you asked/made them do anything outside the job description or due to reduction of salary or due to any misbehaviour at your end, Housmaid will not replace the Worker and neither refund the amount paid by you.
Date of Payment: Monthly fee for the services of the Worker are to be paid by the last week of every month; Payment of Salary for Maids and other domestic helps shall start from the 1st day of placement of the Maid;
Introductions are strictly confidential. If Housmaid introduces You to a Worker and You further introduce the same Worker to any third party, who finally hires the Worker either full time or part time, you agree to pay Full amount of one time service fee or INR 28,000/- whichever is maximum to Housmaid.
Police Verification for Workers: As per the Haryana govt. rules/law, Housmaid shall apply for the police verification of all the Workers within one week from the date of deployment. Also, all the cost of verification will be borne by Housmaid only. Post applying for police verification, Housmaid will share the confirmation of the same with the Client within 15 days (approximately) from the date of deployment of the Worker. As a process of verification, in some cases, Housmaid also checks reference status along with their current address verification.
That Housmaid will not take any responsibility in the event that any issues or concerns arise with respect to the Worker before or during the verification process. Housemaid shall apply for police verification only when the Worker is confirmed by the Client. also Housmaid shall apply for police verification with the respective area police station, and shall share a copy of the application if so sought by the Customer, however, verification completion by police is not the liability of Housmaid.
Liability Limitation: That Housmaid is taking all possible steps, as per law, in terms of verification of Worker. Further in case of any direct or indirect damage or any related situation Client and Worker can deal directly taking all available actions and legal recourses without involving Housmaid. Housmaid will not be liable for any activities or in-activities of the Worker upon deployment at the residence of the Client or during the course of Employment.
Leave to Worker: Housmaid allows 2 paid leaves each month to all our Workers. All our Workers are entitled to avail 2 leaves in a month without any salary deduction. In case any Worker has not availed any leave in any particular month those leaves can be accumulated and carried forwarded to the next month. This policy reduces absenteeism and also helps workers to take leave only once after a few months of time.
In case the Worker has un-availed leave balance, the Client has to pay the total amount equivalent to the leave balance accumulated, to the Entity immediately when the Worker is released by the Client and the payment of the balance shall be made within 2 weeks from the date of release.
In case the Worker is absent because they are unwell/due to a family emergency, no replacement will be given if the Worker promises to join back as soon he/she is healthy/fit for work. In case the Worker does not join back within 10 days, you can ask us for a replacement within a reasonable time.
Trial: We provide a 2-day trial to you with our Worker assigned to you before we seek the payment of requisite fee as per chosen model;
Trial period is only free in case Clients rejects the deployed Worker and the Client is not satisfied with the services. However, if the Client agrees to accept the Worker’s services then we have no reason to deduct Worker’s salary for the trial period, hence if Client confirms and agree to continue with the same Worker after the trial period, the Client needs to pay the amount for the trial period also.
2 Days trial period provided by the Housmaid is free only in a case where customer is unsatisfied with the worker performance and Housmaid must have to verify the worker performance, final decision of free trial period will always be decided by the team Housmaid. In case worker has worked properly and still client feels dissatisfaction client need to pay for the hard work worker has done during trial.
In case of any situation where housmaid needs to refund any money to client, Housmaid needs to refund that amount by following the Maximum TAT of 3 days.
Confirmation: You have to send final confirmation to Housmaid within 3 (three) days of placement of Worker.
Payments: All the payments is to be paid in favour of “Skivvy Serve LLP”
Replacements: We will provide replacement of Worker only when reasonable and true grounds are given for the same; replacement in situations where the Worker is alleging harassment, ill-treatment, being overworked will not be made, and if made at all will be at the sole discretion of Housmaid.
In case no notice is given to us before releasing the Worker, we will require sufficient time to replace the Worker as per availability and requirement and shall communicate the same to you. The Worker which has been sent for replacement cannot be offered less salary than the first Worker. The job description or work required to do by the replacement Worker cannot be changed by You. In case you wish to release the Worker or the Worker leaves the job and you wish to take a replacement, you need to clear the salary dues of the previous Worker before a replacement is sent. In case the salary of the previous Worker is not cleared, we will not be sending a replacement and shall not be liable for the same.
We will not provide you with a replacement in case the Worker leaves or quits or refuses to work with you due to your activity, behaviour, refusal to pay, working conditions you provide the Worker with etc.
That Housmaid shall provide replacement within 15 Days, which may also vary depending on the availability of Worker and your location. In case of an unlikely event where we are unable to provide the replacement within 15 days (upto 3 replacements) and You want to cancel the contract, a credit note will be issued of the pro-rata amount that customer paid to Housmaid also you can use the same amount for availing any Housmaid services in the future.
We will need appropriate time to find and allocate suitable resources as a Worker in your premises. Since each requirement is different from the last one, it is difficult to have Workers available at every point in time, hence, we will need an adequate amount of time once the query is raised with appropriate details. We will attempt to communicate the expected Turn-Around-Time in providing you with a Worker once we have received the requirements.
We attempt to provide skilled and trained Workers matching your requirements. However, some type of Workers might be unavailable at some point when a request is made and You might have to wait for a Worker to be assigned to you for longer than expected. We expect you to cooperate with us in such situations.
Work Environment: We expect you to provide a conducive, safe and comfortable working environment to the Worker and inform you that it is your liability to keep the Worker safe and protected. You are expected to provide a safe environment and only seek Workers from Housmaid for purposes that you are mentioning in the job description.
Salary expectation: Since the salary expectation of a Worker keeps changing for a particular job, it might not be possible to find a Worker in the same salary as your previous Worker in case of replacement. We will try our best to try and find a new Worker in same salary, however request you to consider an increased salary if the Worker of requisite qualifications is seeking the same or as per the on-going market rate.
Client’s Responsibility: It is your responsibility to check the bags, purse or any other thing that the Worker is carrying before the Worker enters the home and before the Worker leaves the home. It is also your responsibility to be careful regarding your belongings and be prudent with safety and security of the same.
To ensure that the Worker will not be tortured, harassed, harmed mentally or physically, in any manner whatsoever. Also you cannot increase the work or reduce the salary of the Worker other than what was discussed during the interview.
If you make the Worker act in an illegal, unlawful or violative manner, you alone will be responsible for such activity; Housmaid shall take no responsibility;
In the event that the Client comes to know of any information or detail about the Worker which the Client knows or suspects has been hidden from Housmaid or the Client initially, the Client shall intimate Housmaid of the same immediately. In the event that the Client fails to do so, the Client shall be held responsible for any activities or in-activities that may arise from such instances.
That in the event that there is a delay in payment by the Client or the Client is avoiding to make requisite due payment for the services availed they shall be liable for legal action.
It is not possible to check the intention of any Worker deployed by Housmaid, therefore in case of any direct or indirect damage caused by the Worker will be the sole responsibility of the Client only. All the Clients are requested to keep the Workers happy and safe, also it is advisable to maintain a healthy relationship with Workers. It helps to reduce absenteeism along with keeping long term employment.
In the case of full-time Workers, Clients are requested to provide fresh food as well as proper accommodation facilities to the Workers. It is the responsibility of the Client to keep the Worker medically fit and fine and provide assistance or help for any urgent medical situations.
Our Responsibility: We do a KYC and thorough check of the Worker being assigned to you. However, it is difficult to gauge a human being’s ethical radar and control their morality. In case the Worker acts in a way that is beyond our scope or authority, Housmaid shall not be held responsible for the same.
We take care of all the charges incurred while verification of Worker, selection of Worker, any certification involved, any health insurance, providing dress and providing training.
Salary: Salary of the Worker starts from the day Worker gets on boarded to house/office at any location.
Maximum of up to 3 replacements in a year can be availed free of cost from Housmaid. However, in case of unsatisfactory services, post internal verification replacements can go up to 5-6 as and whenever requested by the Client, on the sole discretion of the Entity.
In case the Client hires the Worker directly which is introduced by team Housmaid, Housmaid team has the right to recover the damage fee which is equivalent to INR 28,000/+GST
Any kind of advance amount/salary or gift offered by the Client to the Worker without informing Housmaid will be the sole responsibility of the Client
Client is requested to hold worker’s salary for at-least 10 days to make sure worker doesn’t abscond In order to make sure workers doesn,t abscond, clients/customers are requested to keep at-least 10 days of worker salary on hold. Housmaid will cover the cost of deployment, verification, documentation, court record check, transportation, referral fee and other expenses from the 10 days of salary amount fo the worker.
Clients are requested not to give any advance/loan/gift/advance salary before the worker going for a leave. final Full and final settlement of the workers salary will always be done by Housmaid team.
In case client is giving any advance/loan or any other benefit to worker, you are requested to update us in advance & In case worker is asking for a leave, client is requested to update us in advance.
In case the worker is leaving the work, full and final settlement of worker salary will be done by Team Housmaid. In case customer directly clear F&F settlement of the worker, team housmaid shall hold no responsibility for the replacement or the refund.
Termination by You:
In case you Wish to terminate the Employment of a Worker, you must give us at least a 15 (fifteen) days’ notice before doing so, to find a suitable replacement.
In case you wish to get a replacement, and the current Worker leaves, you must clear all the dues of the Worker before we can send a replacement,
Business Model: we charge a fixed one-time fee during the duration of the Contract which shall be for a period of twelve (12) months, for placing the Worker as per your requirements and description.
Advance Payment: The Client is to pay an amount of INR 5000+ 5%GST which is charged before the trial period starts and must be paid before the placement of the Worker.
Our one-time service fee for placement of the worker for 24 hours shall be INR 28,000 +5% GST.
Our one-time service fee for placement of the worker for 8/10/12 hours shall be INR 25,000 +5% GST.
Our one-time service fee for placement of the worker for part time Worker shall be INR 20,000 +5% GST.
Period of Contract with Housmaid: Contract period will be valid for 12 months from the date of booking of a Worker;
Payment of Salary: The salary of the Worker will start from the first day of placement. In this model, you must pay the Workers monthly salary to the Worker directly before the 3rd of every month, without any failure or delays.
Replacements: That Housmaid shall provide a maximum of three (3) replacements from the date of joining in case the Client has reasonable reasons for requiring such replacements.
Housmaid is not liable to provide the replacement to the customer until and unless the dues of previous worker is not cleared.
Refunds: Housmaid shall not be able to provide any refunds in case You wish to cancel the contract with Housmaid, for any reasons whatsoever.
Payment & Invoicing: A one-time fee of INR 5,000+GST is collected from you to get you as a registered Client of Housmaid, which further gets adjusted from the total one-time service fee. This amount of INR 5000/+GST is to be paid before the placement of Worker and before the trial period. The Customer is to pay the remaining amount just after the confirmation of Worker. Maximum turnaround time for confirmation of Worker is 3 days from the first date of placement. The invoice being shared for payment shall include all applicable taxes.
Delay in payment: In the event that the Client is unable to pay or does not pay or delays payment of the remaining sum of money (after payment of the advance sum of INR. 5,000/+GST), Housmaid shall recall the Worker from the Client’s premises and shall take requisite legal actions.
Payment Mode: Monthly amount can be paid directly to Housmaid through various payment methods including bank transfer, Credit card, Debit Card, Internet Banking, Cheque in favour of skivvy serve LLP.
Taxes: Amount conveyed by the Housmaid team is all inclusive of taxes, as well as the service fee, that amount will be treated as the finalised monthly amount.
GST: rate of 5% is already included and specified in the monthly invoice, GST amount is directly to be paid to the tax department, Govt. Of India. Also as per the rule specified in case of 5% GST, no tax credit input can be availed by the Clients and the same will be specified in the invoice too.
Monthly Salary of the Worker: Monthly salary of the worker is directly to be paid by the customer to the worker.
One-time fee collected from the customer includes the cost of deployment, verification, police verification, court record check, replacement and deployment.
Other Important Terms:
In case the customer tries to directly hire a worker which is introduced by Housmaid, Housmaid has a right to recover the damages of INR 28,000 along with legal charges.
Housmaid shall send an invoice of INR 5,000+GST to You before the placement of Worker which shall be paid as advance fee. The invoice for the remaining amount will be shared within 3 days of the deployment of Worker which must be paid immediately or within 3 days from the date of invoice.
The Service fee is chargeable one time for a period of 12 (twelve months) and shall be due once the Service is renewed.
If the worker gets rejected during the trial period, you need to pay his/her deployment fee INR 750/+GST), and his/her trial period will be paid as per her monthly salary quoted.
As per policy, there would be 2 monthly paid leaves in every consecutive Month that are to be given by the customer to the workers.
If we didn’t receive any response/reply on our trail period confirmation reminder it will consider as the confirmation of continuing with the same worker as we deployed.
One-time commission fee includes charges for GST, Verification as well as deployment.
The one-time fee is valid till mutually agreed period, however if customer pays full amount then the validity would be 12 months.
There are two monthly paid leaves & if leaves not availed by the worker it will be paid every month along with the monthly salary of the worker.
The customer has to send the final confirmation to Housmaid within 3 days of the deployment. If there is no confirmation on the third day of trial period, it will consider as you will continue with the same deployed worker.
3 Replacements will be provided from the date of joining. Due to any reason if the client wants to cancel the contract no refund will be applicable.
EFFECT OF TERMINATION
Upon termination of your Account, your right to participate in the Website, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate.
Upon Termination of Service, the following shall occur: all rights granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Housmaid Data (as defined below), details of the Worker and other content in your possession or control. You further acknowledge and agree that Housmaid shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, Housmaid retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted Housmaid hereunder shall remain in effect for the foregoing purpose. In no event is Housmaid obligated to return any Submitted Content to you. Sections of this document shall survive expiration or termination of the Website or your Account.
You agree to indemnify and hold Housmaid, and its officers, managers, members, affiliates, successors, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.
Monthly billing/fee cannot be waived off or refunded after availing the services. If any of the Worker leaves the job in between his/her work tenure the amount will be charged on a pro rata basis. If at any point of time you want to discontinue any services, the amount will not be refunded back. We are not responsible for the claim of any damage/loss, liabilities, expenses incurred by the Worker.
Upto 3 Free Replacements of any Worker is valid. Workers are allowed to avail 2 paid leaves in one-month period.
Aspects of the Website and other Housmaid services may be supported by advertising revenue. As such, Housmaid may display advertisements and promotions on the service of third Party entities. The manner, mode and extent of advertising by Housmaid on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by Housmaid of any advertised products or services. You agree that Housmaid shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.
THIRD – PARTY LINKS, CONTACT FORMS & PHONE NUMBERS
The Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Website using your existing account and log-in credentials for such third-party websites. Certain areas of the Website may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Website to be shared with your contacts in your third-party site account. Because Housmaid has no control over such sites and resources, you acknowledge and agree that Housmaid is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources.
DISCLAIMER OF WARRANTIES
You agree that your use of the website shall be at your own risk. To the fullest extent permitted by law, and housmaid and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this website, the services offered on or through this website, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website, including without limitation the materials, data and submitted content of other users of this site or other third parties. unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this website, the services offered on or through this website, data, materials, submitted content, and any information or material contained or presented on this website is provided to you on an “as is,” “as available” and “where is” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.
Housmaid does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the website or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the website by any third party, any interruption or cessation of transmission to or from the website, any defamatory, offensive, or illegal conduct of any third party or service user or service provider, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the website or submitted content posted, emailed, transmitted, or otherwise made available via the website. housmaid does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked site or featured in any banner or other advertisement. housmaid will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third party service professionals of products or services. as with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitations of Liability:
In no event shall housmaid, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any (i) access to or use of the website or any services offered by any service professionals via the website, including services provided pursuant to an agreement formed independently of the website, whether or not an agreement for service formed via the website is in effect; (ii)errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the website or submitted content; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the website by any third party; (v) any interruption or cessation of transmission to or from the website; (vi) any errors or omissions in any data, content, information, materials or substance of the website or submitted content; (vii) any failed negotiations for a service, any disputes that arise during or after the negotiation of a service or the formation of a contract for a service, or any other dispute that arises between users of the website; (viii) any defamatory, offensive, or illegal conduct of any third party or service user or service professional; or (ix) any use of any data, marks, content, information, materials or substance of the website or submitted content posted, emailed, transmitted, or otherwise made available on or through the website, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Housmaid is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In no event shall the total, aggregate liability of Housmaid, or any of the above-referenced respective parties, arising from or relating to the website, and/or submitted content exceed the total amount of fees actually paid to Housmaid by you here under.
You hereby acknowledge and agree that Housmaid shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any third party or service user or service provider and that the risk of harm or damage from the foregoing rests entirely with you. you further acknowledge and agree that Housmaid shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from or relating to any contract between website users entered into independently of the website.
INDEMNIFICATION & RELEASE
If you have a dispute with one or more website users, you forever release Housmaid (and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the website and/or any submitted content.
NO THIRD – PARTY BENEFICIARIES
STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Website must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.