Enterprise Terms of Service
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before submitting your request to MyKuya Enterprise Solutions (“MyKuya”), operated by Machine Ventures Inc. (“Company”). By submitting your booking request for our services, you, (“Client”) agree to be bound by these Terms related to the services provided (“Services”) and MyKuya Partners provided (“Third Party”). If you disagree with any parts of these terms, then please do not use our services.
1. COMPANY OBLIGATIONS
a. Company undertakes to provide Third party assistance through the platform to perform the Services conscientiously and properly, in accordance with professional standards and in compliance with the laws and regulations applicable.
b. Company shall provide the Services in accordance with the obligation of confidentiality it will be subjected to as long as it is agreed upon.
c. Company is to assign an Account Manager for Client to communicate with for various requests and concerns.
d. Company, depending on what the Client needs, will select a Third Party through the platform to cater to the request.
e. Company will try to accommodate requests for specific Third Party MyKuya Partners, but is not obliged to provide the same Third Party across schedules.
f. Company, through the assigned Account Manager will communicate and confirm to Client all the details of the Third Party.
g. For any instances that the Third Party is unable to cater to the service on the agreed upon date, Account Manager will provide temporary cover if available.
h. Company can replace the assigned Third Party for specific cases of reasonable concern as escalated by Client.
i. Company deployed Third Party are not employed by both Parties. Third Party deployed through the platform is working under the instructions and supervision of the Client.
2. CLIENT OBLIGATIONS
a. Certain services may require compliance with certain obligatory deadlines imposed by law or by third parties. Consequently, the Client undertakes to provide to Company in good time all the information and instructions necessary to enable correct performance of the Services. More particularly, the Client undertakes to respond promptly to all communications from Company and to provide all the information requested or any other useful information prior to the deadline indicated in the said communication.
b. Client undertakes to notify Company immediately of any change regarding the information supplied to Company.
c. Client is to address all concerns to the assigned Account Manager provided by the Company.
3. OPERATING HOURS
a. MyKuya’s operating hours are between 9AM - 7PM, from Monday to Friday. Any concerns sent outside of the given hours will be attended to as soon as possible the next day.
b. If ever Client has any schedules that fall on a holiday, Company will try to accommodate, provided the request is sent in advance. Any schedules or concerns during this time should be directed to the assigned Account Manager.
4. FEES AND PAYMENT TERMS
a. To use MyKuya’s services, Client shall pay Company a (x amount/percent) downpayment before the commencement of the confirmed schedule of requested service. After the completion of requested service, Client must then pay the full payment to company within thirty (30) days from the date of invoice.
b. If payment is not settled after the maximum of thirty (30) days after date of invoice, an additional charge of 15% on top of the invoice due will be added to the final payment. Client agrees as part of these Terms to pay this charge, which represents our reasonable costs in collecting the unpaid/unsettled amount.
c. Payments may be made through cash deposit/cheque, made payable to “Machine Ventures Inc.” The Client will be responsible for all bank and legal changes resulting from a dishonored cheque. Payments may also be made through Bank Deposits to our Banco De Oro Account.
5. REFUND AND CLAIMS
a. Client understands that unused hours may not be allowed to be claimed past the confirmed end date of the booking.
b. Client understands that they are not entitled to a refund and agrees that it is up to the assessment of the Company if a refund can be accommodated for certain special cases.
Client understands that the Company reserves the right not to be liable for the following:
a. Client will not expect Third Party to complete tasks or services not stated or included on the confirmed booking. If this is breached by Client, they will be billed instead according to the rate of actual services completed by the Third Party.
b. Not being able to complete tasks or services due to the lack of coordination/materials from Client. Client shall be solely liable for any damage that may result from wrong incomplete or belated information.
c. All communication by Company shall be sent to the Client’s latest address (email or office address) as indicated by the Client or representatives. The Client must immediately inform Company of any change of address and/or status. Company cannot be held liable for any loss of rights or damage suffered by Client if it has not been duly informed of the changes that have occurred.
d. All coordination and requests for bookings must be coursed through Client’s assigned MyKuya Account Manager. Any coordination or requests communicated to different personal (even if MyKuya consultant) will not be acknowledged or accommodated. Client is also prohibited from conveying schedules and personally acquiring approval from the MyKuya Partners. Client will pay a Penalty of Thirty Thousand Pesos (Php 30,000.00) for a breach of this term and condition.
e. Client is encouraged to be responsible for providing a Non-Disclosure Agreement to the third-party MyKuya Partners on the platform. Client is expected to explain the limitations to the MyKuya Partners. Any form of disclosure by the MyKuya Partners of confidential or private information can be raised to the Account Manager assigned, but Client will not hold MyKuya liable for this matter.
Client agrees that it shall not poach any Company assigned Third Party MyKuya Partners under the pain of monetary penalty in the amount of Ten Thousand Pesos (Php 10,000.00) per Third Party. This clause shall take effect once Client has made a booking and even after the completion of requested services.
8. CANCELLATIONS AND ADJUSTMENTS TO BOOKING
a. Client cannot cancel the schedule of Services after confirming their request, but may instead choose to reschedule the date and time of the service by giving at least Seventy Two (72) hours advance notice.
b. If Client changes the date/time less than Seventy Two (72) hours prior to the scheduled engagement, they agree to pay the price of the initial task, as well as the hours included in the new schedule.
c. Last minute changes in venue will not be accommodated once Company has confirmed Client’s booking. If there is a change in venue, Client should advise Company at least Seventy Two (72) hours in advance.