By accessing or using any part of the site (Avodah.ph.), the application, the service and/or content (i.e. any information, data, or other content or materials appearing or otherwise made accessible on or through the site or application), Service Users and third-party Service Providers agree to be bound by these Terms, which shall govern your access to and use of the service of Avodah I.T. Services. 

Modifications, updates and/or improvements to the site, application, services and/or content are likewise covered by these Terms. Avodah may, at any time, without prior notice, at its sole discretion, modify, amend, change in part or in whole the Terms by posting such to the site. Continued access or use of the site, application, service or content, after said posting signifies Service Users’ and third-party Service Providers’ unqualified acceptance of the modification, amendment and/or change, which are effective, retroactively, on the day of posting. 

The Service Users and third-party Service Providers hereby voluntarily give their consent to Avodah to use for any lawful purposes and/or share your personal information to third parties. 

Accessing and/or using of the site, application, services and/or the content may be subject to specific laws, domestic and international. The Service Users and third-party Service Providers assume full and sole responsibility to ensure that they access and/or use the services and the content only in compliance with such applicable laws. 

Avodah does not and cannot warrant that the site, application, services and/or the content is legal outside the Philippines. The Service Users and third-party Service Providers assume full and sole responsibility if they opt to access the site, application, services and/or the content outside the Philippines. 

1. Services 

Avodah, The Platform, shall connect Service Users and third-party Service Providers. 

Relationship of the Parties 

Avodah is a technology company. It is not a service provider nor service user. Avodah merely provides a platform to link the Service Users to third-party Service Providers. Avodah is not responsible nor liable to the Service Users and third-party Service Providers for any damage, loss, injury, and/or death in relation to the services received or rendered through Avodah’s site or app. 

Definition of Terms: 

Account - means any duly registered account which is required to be accessed to use the Platform, either by the Service User or third-party Service Providers. 

Agreement - means the Terms and Conditions agreed to by a Service User or Service Provider which are binding upon its Acceptance. 

Platform - means the website and application on which the Service request is made. It includes:

1. Requesting/Accepting Service requests
2. Facilitating quotations of services from third-party Service Providers to Service Users;
3. Other related services.

Service Providers - any technically skilled person who has duly registered for the purpose of offering or making his/her Services available to the Service Users. A person is presumed to be technically skilled if he/she is duly certified by the Technical Education and Skills Development Authority (TESDA) as such, or has completed technical skills training from a TESDA accredited institution/school, or completed a technical course from any reputable college/university, or has at least 5 years solid direct experience - evidenced by a certification under oath. 

Service User - means any person, natural or juridical, who has duly registered and used the Platform to request services offered by the thirdparty Service Providers, whether the service was completed or not. 

Services - includes cleaning, diagnosis, installation, repair, and all other technical skills and services certified by TESDA and/or by any reputable college/university.

Terms of Use - means the specific obligations which the Service Users and third-party Service Providers are bound to prior, during and after the completion of the Services requested via the Platform. 

User - means the Service User or the third-party Service Providers or both, as may be applicable. 

You/Your - may refer to the Service User or the third-party Service Providers or both, as may be applicable. 

User’s Representations and Undertakings: 

By submitting your account application, you confirm the following:

1. You are over 18 years of age.
2. You intend to be either a Service User or a third-party Service Providers.
3. All the information you have entered in this website either as a Service User or Provider are true and correct.
4. Your use of the website does not violate any applicable law or regulation, which you are subject to.
5. You undertake to pay for any Services requested through the use of the website.
6. You have the authority to enter and be bound by these Terms of Use.

These Terms of Use include:

1. You acknowledge and agree to Avodah’s fees and its related policies.
2. You acknowledge and agree that the third-party Service Provider is personally and solely responsible and liable for any claim for damage, loss, injury, and/or death related to the service provided or failed to provide.
3. You agree that The AvodahPlatform is provided “as is” and without warranty.
4. You agree that The AvodahPlatform is a technology platform providing a way for accredited service providers to offer services to the duly registered Service Users.
5. You undertake to pay any and all fees for booking third-party Service Providers through AvodahPlatform.
6. You undertake to hold Avodahfree and harmless from any and all forms and types of dispute in relation to the service provided by the third-party Service Providers.

The AvodahPlatform (Function and Requirements for Use) 

The Avodah Platform is a communications platform that enables individuals or businesses (Service Users) to seek and obtain the professional services of third-party Service Providers. Avodah and The AvodahPlatform does not provide professional services. Avodah shall not be responsible or liable for any services provided or failed to be provided by third-party Service Providers, including any damage or breakage that may occur during and/or after the services have been performed. 

The Service Users must exercise caution and due diligence to protect their property and personal safety. By the use of Avodah Platform, the Service User agrees to hold Avodah free from any and all claims for damages, loss, injury and/or death that may arise from dealing with third-party Service Providers, their conduct, and all the Services they provide. 

Use of the Website: 

While the Website may be accessed without first registering, full access to Avodah.ph Services is only possible after you have created an Account, where you would be required to provide your personal information and to create a Password, which you shall be solely responsible for, along with the following:

1. You shall ensure that your Password is secured. However, you are expected to notify Avodah of any breach to your Account’s security or any suspicion of its unauthorized use.
2. All transactions from your account shall be considered to have been made by you and you shall be responsible for the said transactions. Avodahshall be free and harmless from any responsibility or liability in relation to wrongful or fraudulent use of your Account.
3. You are expected to provide true, correct and accurate Information in your Account.
4. You shall not use any automated system and/or scripts including but not limited to “robots”, “spiders”, “offline readers”, “scrapers”, etc. to access the Website or any of its sub website without prior written authorization from Avodah.
5. You shall not open an Account for the sole purpose of collecting any information of the Service Providers, soliciting them for employment, or contracting any business with them without prior consent of Avodah.
6. You shall not use the Website with the intention of collecting in any manner any personal data of its Users for commercial or solicitation purposes.
7. You shall not use the Website communication systems for any commercial or solicitation purposes.
8. You shall not submit or send request messages which Avodah’s Server cannot at a given time handle over the same period of time a person can handle by using conventional online web browser or mobile application. Provided however, that operators of public search engines may use spiders or robots to copy materials from the site for the purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Avodah reserves the right to revoke the exceptions, as it may be deemed necessary.
9. You shall not alter or modify any part of the Website without written consent of Avodah.
10. You are prohibited from copying or distributing any content or information in the Website without Avodah’s written authorization.
11. You shall not in any manner alter, modify, distribute, copy any part of the Website.
12. You shall not post any illegal, false, malicious, inaccurate, unauthorized, inappropriate, information or content in the Website.
13. You shall not violate any applicable laws, third party-rights when using this Website.
14. You shall not in any manner change the billing process or structure found in the Website.
15. You shall not post any false or inappropriate feedback ph.
16. You may not use or access the Website that in any way adversely affects the performance or function of Avodah’s Services or the Website or interferes with the ability of authorized parties to access its Website.

Terms of Use of Service Users and Service Providers: 

If you are using the Platform either as a Service User or Provider, you are bound by the following: 

Service Providers:

1. You warrant that all the information you have provided in the Website are true, correct and accurate.
2. You have the authority to represent and bind the legal entity in which you are connected to.
3. You are qualified to and can perform the Services offered in this Platform and/or required by Service Users with reasonable care and skill.
4. You acknowledge the right of the Avodahto verify the Information which you have provided in this Platform.
5. You will not use the Website or any information regarding your profile or services in any manner to promote or market your own services or promote services which are not offered by Avodah.
6. You will not solicit or offer your services directly to the Service Users, at any time.
7. You shall ensure that your services are deemed satisfactory by the Service Users.
8. You agree to rectify any issues/back-jobs within thirty (30) days reckoned from the 5th day after completion of requested service or rectification.
9. You agree to be bound by any other Guidelines which would govern the performance of the requested Services and are required of Service Providers using the AvodahPlatform.
10. You shall pay all your own taxes due as a result of the Services facilitated through this Platform in accordance with Philippine laws.
11. You will not use the Website contrary to the Terms and Conditions which you have agreed to.

 

Service Users:

1. You acknowledge your financial responsibility upon the use of the Services provided in the Platform and you shall not use the Platform knowing that you have no intention of paying, you have no ability to pay the Services you have requested or cannot meet your obligations to the Service Providers.
2. You shall ensure payment of the Services availed by you.
3. You shall not use the Platform for any fraudulent purposes.
4. You shall not use the information/data (i.e pricing, quotation or any other information) found in the Platform for business purposes, commercial interests or for any other illegal purposes.
5. You shall provide a service rating for every service availed of.
6. You understand that Avodah cannot and does not warrant the quality of the services of the Service Providers.
7. You shall report any issue arising from a repair Service within five (5) days from the completion of the requested Services.
8. You acknowledge that the Service Agreement is terminated upon the completion of the Service requested unless Avodah receives a Report of any issue from the Service User within five (5) days from the completion of the Service. In which case, the Service Provider will rectify the issue, subject to the Limitations of Liability set forth in this Terms.
9. You shall not report any false claims.

Service Rating

 

The Service Provider is mandated to observe and maintain quality services subject to the following conditions:

 

a. Maintain an average satisfaction rating of 4 out of 5.

b. The above satisfaction rating will be reckoned from the time the service provider will get 15 ratings from different service users.

 

Termination of Account

 

Service Providers:

 

The following acts, after investigation, shall cause the termination of the account of the Service Provider:

 

a. Failure of the Service Provider to perform any service contracted at least twice.

b. Failure of the Service Provider to provide satisfactory and quality service to any Service User at least twice.

c. Failure of the Service Provider to maintain an average satisfaction rating of 4 out 5 for period of three consecutive months.

d. Commission of the Service Provider of a crime or offense against the Service User or any other person.

e. Violation by the Service Provider of any of the above mentioned terms of use of the Service Provider.

f. Any act or omission analogous to the foregoing.

 

The following acts, after investigation, shall cause the termination of the account of the Service Users:

 

a. Failure of the Service User to pay for the services rendered.

b. Fraudulent use by the Service User of the Avodah Platform.

c. Ordering the performance of a service not agreed upon and/or deviation from the service agreed.

d. Commission of the Service User of a crime or offense against the Service Provider or any other person.

e. Violation by the Service User of any of the abovementioned terms of use of the Service User.

f. Any act or omission analogous to the foregoing.

PAYMENT FOR SERVICES 

You understand and agree that there will be “Charges” for the services rendered by the third-party Service Providers. After you have received services obtained through your use of the Service, Avodah will facilitate payment of the applicable Charges on behalf of the third-party Service Provider, solely as such third-party Service Provider's limited payment collection agent, using the preferred payment method you have designated when initiating or modifying your Account, and will send you a receipt by email at the end of each session. By utilizing the Services, it is understood and agreed that payment of the Charges in such manner shall be considered the same as payment made directly by you to the third-party Service Providers. Charges will be inclusive of applicable taxes where required by law. Charges paid are final and non-refundable. 

You understand and agree that (i) all Charges are immediately due and demandable and (ii) payment will be facilitated by Avodah using the preferred payment method you have designated when initiating or modifying your Account. If your primary Account payment method is determined to not able to be charged for any reason whatsoever, you agree that Avodah may, as the third-party Service Provider's limited payment collection agent, use a secondary payment method in your Account, if available. 

Avodah reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in Avodah's sole discretion. You will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. 

Subject to existing laws and regulations (i.e. DTI regulations), Avodah may, from time to time, provide random Service Users with random promotional offers and discounts which may result in different Charges for similar Services. 

Cancellations & Refund 

Cancellation Policy

Service requests may be cancelled at least 2 hours prior to the service request. Cancellation shall be coursed through the site or app. 

A PhP 350 cancellation fee shall be charged against the Service User if cancelation of service request was made beyond 2 hours from request of if the third-party Service Provider is already “on-site”, whichever comes first.

 

Refund Policy

If you have been charged in error or have questions about your charges, please contact Avodah at [email protected] 

Limitations of Liability 

You understand, acknowledge and agree that Avodah, as a technology platform, shall not be liable for any and all claims for damages, loss, injury, or death in relation to the services provided by the third-party Service Providers. Avodah is likewise not liable in the same manner for the following: 

1. Any (direct, indirect, consequential, or punitive) damages, losses, or costs suffered, incurred, or paid by you, pursuant to, arising out of or in connection with the use, inability to use, or delay of our Platform.
2. The accuracy, completeness, general quality of the service as performed by the third-party Service Providers.
3. Any injury, death, damage, or other (direct, indirect, special, consequential, or punitive) damages, losses, or costs suffered, incurred or paid by you, or any Third Persons whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Service Providers during the performance of the requested Services and/or to due to force majeure or acts of God.
4. Any punitive, special, indirect, or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim during the performance of the requested Services.
5. Any inaccuracy in the Information or Content in the Website and/or the Platform.
6. Any advertisements and third party links or any representations made by any advertisements or third party links which may be found in the Website.
7. Any malicious, inappropriate, unauthorized, illegal Content or Information posted by Service Users, Service Providers or Third Parties in the Website.
8. Any infringement of Copyright Laws by any of its Service Users or Service Providers respecting any Information or Content which they warrant to be theirs.
9. Any accuracy or usefulness of any Content submitted by its Service Users or Providers.