1. These Terms provide for matters concerning the use of contracted housekeeping services limited to a specific date and time (hereinafter the “Spot Service“) which Pasona Inc. (hereinafter the “Company“) provides to service users (hereinafter a “User“).
2. Any guidance concerning service details, regulations, rules and cautions that the Company presents to Applicants and Users regarding the Spot Service (hereinafter the “Relevant Regulations“) also constitute part of the Terms.
3. A User shall be deemed to have understood and consented to all contents of the Terms at the time when the User applies, pursuant to Article 3 (Application and Consent), for the use of the Spot Service through a system managed and operated by the Company for the Spot Service (hereinafter the “Company System“).
Article 2 Definition
The basic terms used herein have the following meanings:
1) The Spot Service: means contracted housekeeping services limited to a specific date and time which the Company provides to an Applicant and a User.
2) An Applicant: means a person who wishes to use the Spot Service and applies for the use thereof through the Company System to conclude a Service Agreement.
3) A User: means an Applicant who has concluded a Service Agreement for the Spot Service.
4) A Housekeeper: means a person employed by the Company to conduct the Spot Service.
5) An Application: means an application that an Applicant makes through the Company System to conclude a Service Agreement.
6) A Service Agreement: means an agreement concluded between the Company and a User in accordance with the Terms.
7) A Service Menu: means contents of the Spot Service to be provided, which are determined between the Company and a User at the time of conclusion of a Service Agreement (usage fees for the Spot Service, date and a time of use, etc.).
8) A Scheduled Provision Date: means a date on which a Housekeeper is scheduled to conduct the Spot Service under a Service Agreement.
9) Cancellation: means cancellation made by the request of a User to decline the Spot Service on the Scheduled Provision Date under a Service Agreement.
Article 3 Application and Consent
1. A person who wishes to use the Spot Service may make an application through the Company System by consenting to all contents hereof and providing in a manner designated by the Company the necessary information designated by the Company (hereinafter the “Registered Information“) to the Company through the Company System. An Application of an Applicant shall be made by himself/herself by providing his/her own information. An application by proxy shall under no circumstances be accepted.
2. When applying for the Spot Service, an Applicant shall, after consenting to the Terms, enter card information for credit-card payment and other information necessary for the commencement of providing the Spot Service through the website managed and operated by the Company.
3. When the Company receives from an Applicant an application for a Service Agreement, the Company may, before consenting to the application, confirm necessary matters for the commencement of providing the Spot Service at the time of the date desired by the Applicant as of the time of such application. Such confirmation includes the confirmation of the matters set forth in Article 7 (Scope of Provision of Spot Service), Article 8 (Cleaning Tools and Necessary Equipment/Apparatus) and Article 9 (Handling of Valuables).
4. When the Company consents to an application for a Service Agreement by an Applicant, the Company shall notify the Applicant that it will commence providing the Spot Service.
5. An Applicant may withdraw his/her application for a Service Agreement to the extent that the Company has not consented to the application for a Service Agreement.
6. If there is any change to the information registered at the time of an Application for the Spot Service, the Applicant or User shall promptly provide the Company with the changed Registered Information in a manner prescribed by the Company. The Company shall under no circumstances be responsible for any damage, loss or costs incurred by an Applicant or a User due to his/her failure to provide changed information to the Company.
7. An Applicant and a User shall warrant that all Registered Information provided to the Company is true, accurate and the latest information, and shall by himself/herself undertake responsibilities for all matters concerning the Registered Information provided by him/her, including the trueness, accuracy and recency of its contents.
Article 4 Rejection of Application
1. The Company may reject an application if the Company finds that an Applicant or a User falls or is likely to fall under any of the following items. The Company shall under no circumstances be responsible for its rejection of an Application, nor shall it be obliged to explain to the Applicant or User the reason for the rejection of an Application; and the Applicant or User shall raise no objection thereto.
1) If there is any false or erroneous statement or any omission in all or part of the provided Registered Information, or if a registration application is made by any person other than the person concerned;
2) If the person has ever violated the terms provided by the Company regarding a service provided by the Company;
3) If the person is a minor;
4) If the use of the Spot Service has ever been discontinued or revoked for the person;
5) If the person declares the inability to pay debts or becomes insolvent, or if a petition is filed with respect to the person for the commencement of bankruptcy, civil rehabilitation, or other similar proceedings to go into liquidation;
6) If the person turns out to be an organized crime group, member or associate member of such group, corporate racketeer, thug engaging in criminal activities under the pretext of conducting social campaigns or other activities, crime group specializing in intellectual crimes, or any other equivalent antisocial force (hereinafter “Antisocial Force”); cooperates or is involved in the maintenance, operation or management of an Antisocial Force by providing funds or through other activities; or interacts with or takes part in an Antisocial Force in any other manner;
7) If the Company finds the person improper as a recipient of the Spot Service;
8) If the Company finds that any medical activity or physical aid is required for a service desired by the Applicant or User; or
9) In any other cases equivalent to any of the preceding items.
Article 5 Rescission of Service Agreement
1. The Company may discontinue providing the Spot Service under a Service Agreement if it turns out that any of the following items is applicable:
1) If a User falls under any item of the preceding Article; or
2) If the Company finds that a User violates or is likely to violate the Terms.
2. The Company may also rescind a Service Agreement immediately and without notice, in any of the following cases:
1) If a User violates the Terms;
2) If a User is in arrears of payment of a usage fee and fails, despite demand for payment, to make payment within fourteen (14) days (14 days from the day on which a document is dispatched in case of a written demand);
3) If a User or another person living at the same domicile, including a family member, behaves in a manner that harms or is likely to harm the safety of the life, body or mind of a Housekeeper, and the Company finds it difficult to provide services under this agreement;
4) If the Company finds that a medical activity or physical aid is required for a service desired by a User; or
5) If the Company finds it improper for the User to be a user of the Company’s services.
3. If a User falls under any item of the preceding paragraph, any and all obligations owed by the User to the Company shall be automatically accelerated and become immediately due and payable.
4. The Company shall under no circumstances be responsible for any damage, loss or cost incurred by the User due to any action taken by the Company under this Article.
Article 6 Usage Fees and Payment Method for Spot Service
1. Usage fees for the Spot Service
1) In consideration of the use of the Spot Service, a User shall pay to the Company usage fees designated by the Company.
2) Cancellation of the Spot Service, a change of its date and time, and a decision whether or not a cancellation charge arises shall be governed by Article 11 (Transfer of Date and Cancellation).
3) When the time of use is extended at the desire of a User, surcharges shall arise in 15-minute increments (with fractions less than 15 minutes rounded upwards).
4) Every User shall pay the Company 900 yen (not including consumption tax) per visit as the cost of transportation expenses for the Housekeeper providing the Spot Service, together with usage fees. The above amount of the transportation expenses shall be charged if the Housekeeper visits the place of service provision because notice of a change to the schedule is given after 12:00 p.m. on the business day preceding the Scheduled Provision Date or because of Cancellation without advance notice.
2. Payment Method
1) A User shall pay usage fees for the Spot Service by credit-card (limited to those in the name of the person concerned). Usage fees to be paid shall be charged by the Company and be withdrawn from the account designated by the contracting party on the withdrawal date designated by the contract terms, etc. provided by the issuer of the credit card registered by a User with the Company (hereinafter the “Designated Card”).
2) In paying usage fees for the Spot Service by credit-card, a User shall consent to the following matters:
(i) Usage fees for the Spot Service shall be paid by the Designated Card, unless a User notifies the Company of a change of the Designated Card.
(ii) Any change of the member number or expiration date of the Designated Card shall be notified to the Company without delay.
(iii) If payment by the Designated Card is unavailable, usage fees for the Spot Service charged by the Company shall be paid in a method designated by the Company.
3) If a User becomes in arrears of payment of usage fees, the User shall pay to the Company delay damages at the rate of 14.6% per annum.
Article 7 Scope of Provision of Spot Service
1. The Company shall provide the Spot Service on the date and time determined when a Service Agreement is concluded.
2. Services shall be provided at the address registered and applied provided under Article 3 (Application and Consent). A User who wishes to be provided with services at any other place shall make registration and agreement separately.
3. Since the Spot Service is a contract for time, please note in advance that requested work may not be completed.
4. The purpose of provision of the Spot Service is to provide everyday housework assistance (cleaning of baths, lavatories, toilets, kitchens, living rooms and other rooms, laundry, preparations before starting cooking, shopping, etc.). A stain may not be washed out completely, or mold may not be cleaned out depending on conditions, including the degree of a stain in a place for cleaning or aged deterioration.
5. A service shall not be provided for any work obviously exceeding the scope of everyday housework, transport of heavy objects, dangerous work including work at high places, work using specialist equipment/tools, work requiring specialized skills, driving of vehicles ( four or two-wheeled vehicle) or bicycles (including those with a motor attached), laundry of luxury garments, air conditioner/ventilator cleaning, pet care, activities in violation of laws and regulations or contrary to public order and morals, activities for care for daily life or necessary protection of children, and any other work of which the Company finds provision is inappropriate. A Housekeeper or employee in charge may take a break during the time of services when the Housekeeper or employee finds such break necessary for safe and appropriate provision of the Spot Service during work on a summer day or indoor work where air conditioning is unavailable.
6. An Applicant or a User member shall give advance notice to a Housekeeper or the Company if a person who is present in a place where the Spot Service is provided or who lives together with the Applicant or User turns out to have contracted infectious disease, if there is a pet in a place where the Spot Service is provided which is not put in a cage, or if it is likely to become difficult otherwise to provide the Spot Service safely and appropriately. In such case, please note in advance that if the Company finds it difficult to provide the Spot Service, the Spot Service may not be provided. The full amount of the scheduled usage charges shall be paid to the Company if the foregoing is found to be applicable after the day and time by which transfer of the date or Cancellation is available under Article 11, and the provision of the Spot Service becomes impossible. If an accident occurs due to a reason attributable to a customer, including because the customer fails to put a pet in a cage, the Company shall not be responsible, and the Applicant or User shall be obliged to compensate for any damage that may be caused to a Housekeeper or employee of the Company.
7. About a Housekeeper’s level of Japanese proficiency
1) As a rule, the Spot Service shall be provided by a non-Japanese Housekeeper, and the service may be provided in any other language than Japanese if the Japanese abilities of a non-Japanese Housekeeper are insufficient (cases where the person does not pass the level N4 of the Japanese Proficiency Test).
2) In the case of 1), our Japanese representative and customer support center will intermediate between a User and a Housekeeper and handle the matter responsibly.
8. A Housekeeper is unable to provide a service requiring any medical activity or physical aid.
9. A Housekeeper is unable to provide any live-in service in the house of a User.
10. During the provision of the Spot Service, a User shall stay at home.
Article 8 Cleaning Tools and Necessary Equipment/Apparatus
1. A Housekeeper shall use equipment and apparatus (detergents, dust cloths, vacuum cleaners and other tools) of an Applicant or a User that are necessary for the Spot Service.
2. Utilities charges including those for gas, water and electricity (including air conditioning) required during services shall be borne by an Applicant or a User.
Article 9 Handling of Valuables
1. In order to prevent any unexpected accidents, please manage craftwork, artwork and valuables securely and at the responsibility of a User, including by removing them by the time of implementation of services, and keeping and managing them outside places where services are implemented to be kept away from a Housekeeper. Please inform the Company in advance of objects that require care in handling.
2. In order to avoid misunderstanding, please do not leave in places where the Spot Service is implemented any money or goods including cash, securities, precious metals or other valuables, and manage them securely at the responsibility of a User.
3. The Company shall undertake no responsibility whatsoever for any damage, defacement, loss, theft or other accidents to money or goods including cash, securities, precious metals or other valuables arising under circumstances where they are not appropriately managed by a User.
Article 10 Housekeeper in Charge
1. A Housekeeper with a residence status under the Project to Accept Foreigners Conducting Housekeeping Service in National Strategic Special Zones shall take charge of services in the special zone (the approved area of his/her activity).
2. Please note in advance that if a Housekeeper is unable to conduct services on the Scheduled Provision Date, the Company may be forced to take the following measures after, to the extent possible, consulting with a User:
1) Transfer to another date and time (limited to within one (1) month from the scheduled date for the provision of the services under a Service Agreement); or
2) Cancellation (the Company shall not charge usage fees for the part of any service that has not been provided for reasons attributable to the Company.).
3. For compelling reasons, the Company may replace a scheduled Housekeeper with another Housekeeper at the discretion of the Company without advance notice.
4. A person other than a Housekeeper in charge may accompany or work together with the Housekeeper to check the quality of the Spot Service.
Article 11 Transfer of Date and Cancellation
1. If a User desires a change of the date and time of use and gives notice to the Company by noon of the business day preceding the scheduled date for the provision of the services, then the date for the provision of the Spot Service may be transferred to another date and time within one month from the initial scheduled date. Upon receiving a request from a User, the time on a transferred date may also be adjusted within the scope from 9:00 to 18:00 on a business day of the Company. However, the Company may not always be able to accommodate the request.
2. A User may cancel a Service Agreement if the User gives notice to the Company by noon of the business day preceding the Scheduled Provision Date.
3. If a User gives the Company notice of his/her desire for transferring the date or Cancellation after noon of the business day preceding the Scheduled Provision Date or gives no notice, the User shall be charged with the full amount of usage fees for the scheduled date for the provision of the services.
4. A User who has transferred the Scheduled Provision Date to another date and time under paragraph 1 may not transfer it again. Cancellation of a Service Agreement after transfer shall be governed by paragraphs 2 and 3.
Article 12 Prohibition of Direct Request
1. A User shall not request the provision of housekeeping services or other similar activities directly from a Housekeeper with whom the User gets acquainted in relation to the provision of the Spot Service.
2. A User shall not place a Housekeeper with whom the User gets acquainted in relation to the provision of the Spot Service with any other housekeeping services than the Company’s or other similar services. The same applies after the termination of a Service Agreement.
3. A User shall not request a Housekeeper with whom the User gets acquainted in relation to the provision of the Spot Service to provide housekeeping services or other similar activities by having him/her live in the home of the User. The same applies after the termination of a Service Agreement.
4. A User who violates any of the preceding three paragraphs shall pay to the Company a penalty of 250,000 yen. If damage to the Company caused by violation exceeds the amount of the foregoing penalty, the Company may claim the amount in excess.
Article 13 Direction and Orders to Housekeeper
The Company as a consignee shall undertake the responsibility for implementation of the Spot Service, and the Company shall provide all direction and orders at its own responsibilities to a Housekeeper, including instructions about work of the Spot Service, labor management, safety and health management, and other relevant matters. A User may not give instructions about work of the Spot Service directly to a Housekeeper.
Article 14 Report of Service Completion
A report of service completion shall be prepared by making entries in a form designated by the Company and sent in a prescribed manner, so that a User is able to confirm details. If you have anything to say regarding the contents of services conducted by a Housekeeper, please contact us by the closing time of the Company on the business day following the day of service use. After that, the Company shall not be responsible for any claims.
Article 15 Prohibitions
A User shall not engage in any of the following acts:
1) An act in violation of the Terms;
2) An act infringing intellectual property rights, portrait rights, privacy rights, rights to maintain the dignity, or any other rights or interests of the Company, another member of the Spot Service, a Housekeeper or a third party (including acts that are likely to infringe any of them directly or indirectly);
3) An act that is or is likely to be associated with any illegal or criminal acts or contrary to public order and morals;
4) An act of cooperating or getting involved in the maintenance, operation or management of an Antisocial Force or interacting or taking part in an Antisocial Force in any other manner;
5) False claims or complaints against the Company or a Housekeeper;
6) Speech or behavior that discriminates against a Housekeeper or an employee or other relevant person of the Company (hereinafter in this Article an “Employee”) based on his/her race, damages his/her reputation, slanders or defames him/her, or inflicts social or mental suffering on him/her;
7) Sexual harassment or other obscene speech or behavior against a Housekeeper or an Employee;
8) Violence, intimidation, bluster or menace against a Housekeeper or an Employee, or other speech or behavior that injures the body, etc. of a staff member;
9) Shooting a photograph of a Housekeeper or an Employee without consent;
10) An act that impedes or is likely to impede the performance of the Company’s business including the provision of services hereunder;
11) Any act that the Company finds inappropriate; or
12) Any other acts equivalent to any of the preceding items.
Article 16 Suspension or Discontinuance of Spot Service
1. Without advance notice to an Applicant or a User, the Company may suspend or discontinue the provision of the Spot Service in whole or in part (including the operation of systems relating to the provision of the Spot Service and the provision of any other services; the same applies hereinafter in the following paragraph.), in any of the following cases:
1) If inspection or maintenance work is effectuated, whether periodically or urgently, for the Company’s computer system relating to the provision of the Spot Service;
2) If a computer or communication line stops due to an accident, which makes it impossible to operate business for the time being, with no recovery to normal operations in sight;
3) If it is no longer possible to operate the Spot Service due to a fire, power failure, natural disaster or any force majeure; or
4) If the Company finds it necessary to suspend or discontinue the provision.
2. The Company may terminate the provision of the Spot Service in whole or in part for its own convenience. In this case, the Company shall give advance notice to an Applicant and a User.
3. The Company shall under no circumstances be responsible for any damage, loss or cost incurred by an Applicant or a User due to action taken by the Company under this Article.
Article 17 Personal Information
If the Company handles personal information acquired from an Applicant and a User in connection with the use of the system or the provision of the Spot Service (hereinafter “Personal Information”), the Personal Information shall be managed appropriately in accordance with the Act on the Protection of Personal Information and other relevant laws and regulations.
Article 18 Purpose of Using Personal Information
1) Performance of an agreement on housekeeping transactions and the provision of the Spot Service and after-sales services;
2) Sales and marketing activities (questionnaires, coverage, etc.) for products of the Company or its group company relating to housekeeping; and
3) Other purposes stipulated herein.
Article 19 Intellectual Property Rights
1. While the copyrights of information contributed by an Applicant and a User to the Company (hereinafter “Contributed Information”) shall be vested in the Applicant and User, the Applicant and User shall grant the Company all rights to use Contributed Information, and shall not exercise any author’s moral rights against such use.
2. The Company may determine whether to publish Contributed Information or not.
3. The Company may use Contributed Information, the Registered Information of an Applicant and a User, and situations of the usage of the Spot Service without charge without time limit by editing them as appropriate in a form where no individual can be identified.
4. Derivative works created with the use of Contributed Information, the Registered Information of an Applicant and a User, and usage situations shall be vested in the Company.
5. The Company may use writings, pictures, videos and other data, which are contributed or sent by an Applicant and a User, on the website operated and managed by the Company without charge without restrictions (including reproduction, duplication, alteration, sublicensing to third parties and any other use).
Article 20 Confidentiality
An Applicant and a User shall use information on the Spot Service (hereinafter “Confidential Information”) only for the use of the Spot Service, and shall not, without the consent of the Company, provide, disclose or divulge Confidential Information of the Company to any third party. The same applies after the termination of a Service Agreement.
Article 21 Dispute Settlement and Damages
1. In the event that an Applicant or a User causes any damage to the Company by violating the Terms or in connection with the use of the Spot Service under a Service Agreement, the Applicant or User shall compensate the Company for such damage.
2. In the event that any damage is caused to a User within the time the Spot Service is implemented due to intentional acts or negligence of a Housekeeper or an employee of the Company, the Company shall compensate only for the general and direct damage actually incurred by the User in connection with the provision of the Spot Service (excluding lost earnings and compensation for mental damage).
3. The amount of compensation provided by the Company under the preceding paragraph shall be up to the amount of insurance money received from the insurance company under liability insurance taken out by the Company for the provision of the Spot Service.
4. The preceding two paragraphs do not apply to any damage caused by intentional acts or gross negligence of the Company (including the representative and employee of the Company).
5. The Company shall under no circumstances be responsible for any damage caused as a result of work conducted pursuant to a working method of a User.
Article 22 Termination of Service Agreement
1. A Service Agreement shall be terminated in any of the following cases:
1) If a Service Agreement is canceled under paragraph 2 of Article 10 or paragraph 2 of Article 11;
2) If an Applicant or a User dies;
3) If a Service Agreement is rescinded as paragraph 2 of Article 5 applies; or
4) If the Company terminates a Service Agreement under paragraph 2 of Article 16.
2. Upon the termination of a Service Agreement, the Company may delete all or part of the Contributed Information of the Applicant and User or continue publishing it on the website operated and managed by the Company.
Article 23 Change to Terms and Contents of Contract
1. Without the advance notice, a change, addition or deletion may be made at the discretion of the Company to the Terms (including contents of the Spot Service and the Relevant Regulations; the same applies hereinafter in this paragraph.).
2. When the Terms are changed, the Company shall in advance publish the contents and date of change on its home page or give notice to an Applicant and a User by e-mail or other means. When an Applicant and a User uses the Spot Service after the date of change, the User shall be deemed to have consented to the change of the Terms.
3. When the contents of the Terms are changed, the contents of the Spot Service, fees and charges (usage fees of the Spot Service, cancellation charges, and any other rates relating to the provision of the Spot Service) and other terms and conditions of a Service Agreement shall be also changed.
4. When a Service Menu is changed, the Company shall in advance publish the contents and date of change on its home page or give notice to an Applicant and a User by e-mail or other means. When an Applicant and a User uses the Spot Service after the date of change, the User shall be deemed to have consented to the change of the terms and conditions of a Service Agreement.
Article 24 Prohibition of Assignment of Rights/Obligations
Except where the Company gives advance consent, a User shall not assign to a third party, offer as a security, or dispose in any other manner of, his/her status as a User or rights and obligations under such status.
Article 25 Communications and Notices
Communications and notices from an Applicant and a User to the Company including inquiries about the Spot Service and communications and notices from the Company to an Applicant and a User including notice of a change of the Terms shall be given in a manner separately designated by the Company.
Article 26 Governing Law and Agreed Jurisdiction
1. The construction and application of the Terms shall be governed by the laws of Japan.
2. All lawsuits relating to the Terms and the Spot Service shall be brought in the Tokyo District Court as the agreed exclusive jurisdiction of the first instance.