Nichii's housekeeping service offers first-class quality, performed by Sunny Maid housekeepers.
Terms and Conditions for Sunny Maid Service(Business to Accept Foreigners Conducting Housekeeping Services)
Article 1 Definitions
In these Terms, the meaning of the terms listed in the following items shall be as prescribed respectively in those items.
- a person who has applied to receive the Service (an Applicant as referred to in the “Service Application Form for Sunny Maid Service”)
- a person who receives the Service (a User as referred to in the “Service Application Form for Sunny Maid Service”)
- a collective term for Applicants and Users
- a branch of the Company responsible for serving a Customer
- an employee of the Company who manages the provision of the Service
- Service Staff
- Filipino staff members who provide the Service
Article 2 Service agreement
- The contents of these Terms shall apply to the individual agreement regarding the Service to be concluded between the Customer and the Company (hereinafter referred to as “the Service Agreement”); provided, however, that if any special agreement other than these Terms is made in the Service Agreement entered into with the Customer, such special agreement shall prevail.
- The Company shall presume that the Customer understands and accepts the contents of these Terms when he or she files an application for the Service.
Article 3 Service contents/Methods of provision
The contents of the Service to be undertaken or supported by the Company shall be selected by the Customer from such items stipulated in the Order for Enforcement of the National Strategic Special Zones Act as housekeeping services to be conducted in the zones in which the housekeeping support activities are permitted in the zoning plan under the National Strategic Special Zones Act (hereinafter referred to as “the Service Zones”), which are:
- (1) Cooking
- (2) Laundry
- (3) Cleaning
- (4) Shopping (daily necessities)
- (5) Other than the items listed in (1) to (4), necessary chores required to carry out daily lives in homes, such as packing, preparation of beds and tending the garden.
- (6) Taking care of children of school age or older (only available when Service Staff have passed N4 of the Japanese-Language Proficiency Test provide service and one or more items listed in (1) to (5) are concurrently ordered by the Customer)
- The Service shall be provided by two Service Staff working as a pair. (Please contact the Company if you require three or more Service Staff.)
- Service Staff have sufficient ability to communicate in languages other than Japanese (English, etc.).
Article 4 Services that may not be rendered
The Company shall not undertake the following services.
- Service provided outside the Service Zones
- Riding together in or driving a vehicle owned by the Customer
- Service provided by using bicycles
- Conclusion of an individual or personal agreement made with Service Staff
- Activities related to a specific religion or politics
- Services at a high place or other dangerous location
- Acts related to medical care
- Acts which are determined to be nursing activities by the Company
- Cash deposit, withdrawal, remittance, or transfer at a financial institution, etc., or keeping of cash cards or bankbooks on behalf of the Customer
- Assistance for business (such as farm work or customer services at private shops)
- Handling of a large amount of cash or valuables, including keeping of payment cards such as credit cards, pre-paid cards or the like
- Taking care of pets
- Baby-sitting work for pre-school children (under elementary school age)
- Others which are determined to be unacceptable by the Company.
Article 5 Usage fee
- In consideration of the Service, the Customer shall pay the usage fee to the Company calculated based on the <Fee schedule> separately set forth by the Company.
- If the Customer starts receiving the Service of the Fixed Plan in the middle of a month and the total hours of use of the Service during the month is less than the hours stipulated in the contract, for such month only, the Customer shall pay the usage fee on a pro rata basis calculated based upon the unit price per hour for the Customer’s plan.
- If the Customer terminates the Service Agreement for a Fixed Plan in the middle of a month, then, regardless of the total hours of use of the Service in such month, the Customer shall be fully charged the monthly usage fee fixed in the plan.
Article 6 Other expenses
- The cost of the revenue stamp to be affixed to the copy of the Service Application Form for Sunny Maid Service to be retained by the Customer shall be borne by the Customer.
- In regard to the items such as cleaning tools and supplies, electricity, water and gas which are necessary to provide the Service, those available at the Customer's home shall be used, and the costs therefor shall be borne by the Customer.
- The foods, beverages and transportation expenses for Service Staff paid when going out with the Customer, as well as the cost of and transportation for the shopping on behalf of the Customer, shall be borne by the Customer. As Service Staff will not make these payments for the Customer, cash needs to be prepared in advance.
Article 7 Rescheduling or cancelation of the Service and the fee therefor
- Under the terms for rescheduling of the Fixed or Spot Plans, the Service may be rescheduled (without cancelation charge) if notification to a Branch or the Customer Center (0120-32-2017) (only available in Japanese) is given by 17:00 of the day preceding the scheduled date. On the other hand, the Service may not be rescheduled if notification is given after 17:00 of the day preceding the scheduled date (The Customer will be charged the full usage fee for the Service as a cancelation fee). Moreover, rescheduling shall be accepted only in the same month as the scheduled date of the Service.
- When Service under a Fixed Plan is canceled, the cancelation fee will not be charged in addition to the monthly usage fee. Instead, the canceled service will be considered to have been received and the hours of the canceled Service will be deducted from the total monthly hours of the Service to be provided under such Fixed Plan.
Article 8 Points to acknowledge when using the Service
In using the Service, the Customer needs to acknowledge the following matters.
- (1) In order to enhance service quality and avoid an accident or trouble, a Branch may ask for the details about the Customer’s request.
- (2) Work may be carried out while keeping windows, the front door or the like open during work such as cleaning, etc.
- (3) Tips and gratuity, etc. to Service Staff are not accepted.
- (4) Extension of the Service may be accepted in units of 30 minutes.
- (5) With regard to the Service provided during the absence of the Customer, the Customer needs to acknowledge the following matters.
- -Such Service is available only under the Fixed Plan.
- -The Customer needs to stay home when a Manager and Service Staff are scheduled to visit the Customer’s house and receive a key thereto in advance of the Service.
- -A copy of the key to the Customer’s house must be given to the Company. (The key will be securely kept at the Branch and will be taken out by Service Staff only during the provision of the Service.)
- -Basically, Service Staff will not respond to phone calls or visitors at the Customer’s house during the provision of the Service.
- -If the Customer desires to have Service Staff receive postal mail or parcels that need the receiver’s signature or stamp, the Customer shall notify the Branch thereof.
- -In order to avoid the loss of important items, Service Staff will not dispose of any garbage during the provision of the Service but leave the same at the place specified by the Customer.
- (6) With regard to activities or items which are prohibited due to the Customer’s lifestyle, health condition (allergy, etc.), religious reasons, etc., or which require extra care, please notify the Company in advance.
- (1) Images displayed in advertisement materials for the Service are only for illustrative purposes and may differ from actual items.
- (2) The Service will be carried out in accordance with the contents and estimated time of the Service approved by the Customer when an application for the Service is made.
- (3) To change the items or contents of the Service, the Customer shall notify the Branch. Service Staff do not have power to independently respond to a request for change. If such request for change (including extension of the Service) is made on the date of the Service, the Company may not respond to such requests.
- (4) If any discrepancy between the conditions estimated before providing the Service and the actual conditions is found, the Company may request the Customer to change the agreed upon contents and time of the Service after mutual consultation.
Matters concerning valuables, etc.
- (1) The Customer’s cash money, securities, cash vouchers, bankbooks, cash cards, precious metals, high-value items, certified stamps, documents that may be used as identity certificates, and other valuables shall be strictly managed by the Customer by, for example, keeping them in a storage compartment that can be locked by the Customer or, for those which may not be kept in such manner, by moving them to a place where Service Staff may not enter, or if it is difficult to move them, by taking measures to avoid access by Service Staff. In the event of a problem such as loss or damage due to the Customer’s failure to keep, store or manage valuables in the above manner, the Company shall not be responsible therefor.
- (2) Depending on the conditions of the place of Service, the Customer may be requested to move items. The Customer is required to move valuables and fragile items located in the place of Service in advance to a place where Service Staff may not enter. If it is difficult to move them, the Customer needs to take measures to avoid access by Service Staff. If there are any items for which extra care is required when handling or which are already broken, the Customer must notify the Branch thereof in advance.
- (3) The Company shall not keep valuable items by any means. In addition, the Company shall never ask about the place where valuable items are kept.
Article 9 Records of the Service provision
The Company shall record the contents on the “Service Provision Report” after the Service is provided and deliver a copy of it to the Customer each time.
Article 10 Handling of cash
- When cash is kept by Service Staff on behalf of the Customer for the Service, confirmation of amounts, etc. shall be made each time by the Customer or a family member by using the “Cash keeping book.”
- Goods bought on behalf of the Customer and the receipts and change relating thereto shall be confirmed by the Customer within the day the Service is provided.
- The Company shall not undertake any shopping by non-cash payment.
Article 11 Term of the Service Agreement and cancelation thereof
In the case of the Spot Plan
- (1) A Service Agreement shall be executed for each use of the Service.
- (2) When the Customer requests to cancel the Spot Plan, the Customer is required to notify the Branch or Customer Center (0120-32-2017) (only available in Japanese) no later than 17:00 of the day preceding the scheduled date. If such notification is given after 17:00 of the day preceding the scheduled date, the Service is considered to have been received and the Customer shall be charged the full usage fee for the Service.
In the case of the Fixed Plan
- (1) The term of the Service Agreement shall be at least three months, but no more than one year.
- (2) If the Customer starts receiving the Service under a Fixed Plan in the middle of a month and the total hours of use of the Service during the month is less than the hours under the contract, such month shall not be included in the term set forth in the preceding item.
- (3) Unless otherwise terminated by written notice from the Customer to the Branch or Customer Center given not less than seven days prior to the expiration of the Service Agreement, the term of the Service Agreement shall be automatically extended for an additional one month, and the same shall apply thereafter.
- (4) In case of cancelation within the term of the Service Agreement, cancelation shall take effect on the seventh day following the date of the cancelation notice given by the Customer to the Branch or Customer Center.
- (5) If the Service Agreement is canceled by the Customer in the first or second month of the contract term after the execution thereof, the Customer shall be charged the amount (rounded to the nearest 1 yen) equivalent to 20% of the monthly usage fee as a cancelation fee.
- (6) As provided for in Article 5, Clause 3 hereof, if the Service Agreement is canceled by the Customer in the first or second month of the contract term, the Customer shall be charged the full amount of the monthly usage fee for the month of cancelation plus a cancelation fee. On the other hand, if the Service Agreement is canceled in the third month or thereafter of the contract term, no fee other than the full amount of the monthly usage fee for the month of cancelation shall be charged to the Customer.
Article 12 Payment of usage fee
- For the Spot Plan, payments shall be made by credit card, at convenience stores or by postal transfer. The usage fee shall be invoiced to the Customer each time after the Service is provided (In case of payment by credit card, the amount will be notified on the billing statement). In case of payment at convenience stores or by postal transfer, the Customer shall make a payment by transferring funds to a designated account within two weeks after the invoice is issued. The transfer fee shall be borne by the Customer.
- For the Fixed Plan, payments shall be made by bank account transfer or credit card. In principle, the usage fee shall be calculated as of the end of each month and invoiced to the Customer by the 15th day of the following month (In case of payment by credit card, the amount will be notified on the billing statement). The date of automatic bank account transfer shall be notified when the invoice is delivered.
Article 13 Amendments
- The Company shall be entitled to change the conditions of fees of any kind (including the service fee, transportation, cancelation fee and other charges related to the Service) and any other clauses of these Terms or the Service Agreement due to amendment to or abolition of applicable laws, changes in economic environment or increase or decrease of taxes and dues (including consumption tax) and, if the Customer receives the Service provision without objecting thereto after given notice or announcement thereof by the Company, the Company shall deem that the Customer has approved the changed contents.
- The Customer is required to notify the Branch promptly when the Customer changes address or when any other change occurs regarding matters which relate to the contents of these Terms or the Service Agreement.
Article 14 Emergency contact, etc.
The Company shall be provided with the contact information of the Customer for emergencies in advance and shall use such information to contact the Customer when an accident or any other emergency occurs during the provision of the Service or when the Company determines it necessary.
Article 15 Complaint notice and inquiry
The Customer may notify the Company of a complaint or make an inquiry whenever the Customer has a complaint or dispute about the Service.
< Complaint and consultation contact: Customer Center (0120-32-2017) 【Available only in Japanese】 or the Branch >
Article 16 Protection of confidential information or personal information
- The Company shall abide by confidentiality obligations regarding secrets and personal information of the Customer and the Customer's family, etc. which have been acquired in the course of operation and shall handle personal information properly. In addition, such confidentiality obligation shall subsist during employment as well as even after retirement, and the Company shall take necessary measures so that Service Staff abide by such confidentiality obligations.
The Company may acquire and handle personal information of the Customer and the Customer's family, etc. within the necessary scope. The acquired information shall be used for the following purposes.
< Usage purpose of personal information >
- (1) The provision of the Service
- (2) Invoicing of the usage fee to the Customer and the Customer's family, etc.
- (3) Provision of information of the Company group and other useful information to the Customer and the Customer's family, etc.
- (4) Contacting the Customer and conducting a customer satisfaction survey, etc.
- (5) Use for statistical data to the extent that a specific individual person cannot be identified.
- If the Customer receives the house cleaning service of any of the Company’s outsourced contractors, the acquired personal information shall be provided to such outsourced contractor for their provision of the service.
Article 17 Prohibited matters
The following acts and those acts similar thereto are prohibited during the Service. If any of the following acts are found when the Company provides the Service, the Service may be suspended, and the event may be reported to the police depending on the situation.
- Expressions or acts falling under discrimination based on race, ethnic group, religion or gender, or acts of sexual harassment, threat, intimidation, menace, etc. to a Manager or Service Staff.
- Acts that infringe upon the human rights of a Manager or Service Staff such as damaging the lives, bodies, mental health or property of a Manager or Service Staff.
- Other statements or acts that may affect a Manager or Service Staff’s performance of the Service.
- Acts requiring Service Staff to live in the residence of the Customer, etc.
- Acts requiring Service Staff who provided the Service to work under the control of the Customer or the Customer’s family during the term of the Service Agreement or after the expiration thereof.
- Other Acts which are contrary to these Terms.
Article 18 Cancelation right of the Customer
- The Customer may immediately cancel the Service Agreement when it becomes difficult to continue the Service Agreement, such as if the Company damages the lives, physical or mental health, or property, etc. of the Customer or its family.
- The Customer may immediately cancel the Service Agreement when an unlawful act or default in performing obligations without a due reason occurs concerning provision of the Services to the Customer.
Article 19 Cancelation rights of the Company
- When the Customer fails to pay the usage fee of the Service for one month or more after the due date and if the Customer does not pay the entire amount within 14 days after the demand therefor made in writing, the Company may cancel the Service Agreement.
- The Company may immediately cancel the Service Agreement when it becomes difficult to continue the Service Agreement, such as if the Customer or the Customer’s family breaches any of the clauses 1 to 6 of Article 17.
- If it is found that the Customer or the Customer’s family has directly employed any Service Staff or has directly ordered services from Service Staff without the approval of the Company, the Company may terminate the Service Agreement at its sole discretion.
- When the Company determines that the provision of the Service cannot be continued because the trusting relationship between the Customer/the Customer’s family and the Company was damaged and the recovery of such trust is difficult, it may cancel the Service Agreement.
- The Company may cancel the Service Agreement by providing notice to the Customer, when the Customer does not use the Service for a given period and the Customer does not contact the Branch.
- The Company may cancel the Service Agreement in its judgment if there are any unavoidable circumstances and when a written notice in which a reason for canceling the agreement is written is delivered to the Customer.
- The cancelation made in accordance with the six preceding clauses shall not prevent the Company from claiming damages in accordance with Article 21, Clause 6 hereof.
Article 20 Delinquent charge
When the Customer fails to pay the usage fee for the Service, the Customer shall pay a delinquent charge at the rate of 14.6 percent per annum for delayed amounts to the Company for the period from the day following the due date to the day when payment is made.
Article 21 Damage compensation
- In providing the Service to the Customer, if the Company damages the lives and body or assets of the Customer or the Customer’s family, etc. due to a reason attributable to the Company, the Company shall compensate the damage within a reasonable range. Provided, however, if there is negligence on the part of the Customer or the Customer’s family, the Company may be exempt from liability or the amount of compensation may be reduced.
- Compensation for damage to articles shall be generally made by restoration to the original state, and such restoration or repair shall be performed by professionals in general.
- When repair or restoration is not possible, the damage compensation amount basically shall not be the price at the time of purchase but shall be the current market price (an amount considering the purchase price, the number of years used and the durable lifespan). As a result, for an article which was purchased many years ago, the damage may not be compensated.
- With regard to an article for which special care is needed, the Customer is required to notify the Company in advance. If not, damage may not be compensated.
- With regard to an activity or an item which is prohibited or requires special care due to the Customer’s lifestyle, health condition (allergy, etc.) or a religious reason, etc., the Customer is required to notify the Company in advance. If the Company damages the physical or mental health of the Customer due to no notification being given in advance, the Company shall not be responsible therefor.
- If the Customer or the Customer’s family damages the lives, body, mental health or assets of a Manager or Service Staff due to a reason attributable to the Customer or the Customer’s family, the Customer shall compensate for such damage.
Article 22 Disclaimer
- During the valid term of the Service Agreement, in the event where a part of or the entire Service cannot be provided due to a reason which is not attributable to the Company such as a disaster, the Company shall not be obligated to provide the Service to the Customer. The Company shall promptly notify the Customer of its reason in this case.
- Even in the situation set forth in the preceding clause, the Customer shall pay the prescribed usage fee to the Company for the Service which was already provided.
Article 23 Governing Law, Discussion based on trust
- This Service Agreement is governed under Japanese law and is interpreted according to Japanese law.
- If a matter not stipulated in these Terms or the Service Agreement, or doubt regarding its interpretation occurs, the Customer and the Company shall discuss based on mutual trust to find a solution.
Article 24 Mediation by third party
If a situation occurs where even mutual discussion cannot resolve the dispute, the Customer and the Company shall use a third party such as public institutions to mediate the matter and shall attempt to solve the problem with sincerity.
Article 25 Agreement on court jurisdiction
The Customer and the Company agree in advance that the Tokyo District Court shall have the exclusive jurisdiction of the first instance if any dispute between both parties concerning the Service Agreement is brought to the court due to an unavoidable reason.
Article 26 No assignment
The Customer shall not assign to a third party or establish any security interest in or over all or a part of its rights or obligations under an application of the Service.
Article 27 Amendment to these Terms
- The Company may amend these Terms in any of the following cases.
- (1) If the amendment to these Terms conforms to the general interests of the Customer.
- (2) If the amendment to these Terms does not conflict with the purpose of concluding the Service Agreement and is rational in consideration of the need of the amendment, the appropriateness of the contents thereof and other circumstances relating to the amendment.
- In amending these Terms pursuant to the preceding clause, the Company shall inform the Customer about the amendment to these Terms, the contents after the amendment and the effective date thereof by at least one month prior to the date they are enforced, through the Company’s website for Sunny Maid Service or by other means.
Article 28 Priority of the Japanese Terms and Conditions for Sunny Maid Service
In case of any inconsistency or discrepancy between the English version and the Japanese version of these Terms, the Japanese version shall prevail.
These Terms shall be enforced from April 1, 2020.