Terms of Service
Domestic Staff Naija
THIS SERVICE AGREEMENT is made BETWEEN
The Client ( hereinafter referred to as the “EMPLOYER” which expression shall where the context so admit include his/her Heirs, Assigns, Privies, Successors-in-title, Personal representatives and any person deriving legal or possessory title from him/her) of the one part AND DOMO Consulting (hereinafter referred to as the “AGENCY” which expression shall where the context so admit include its Heirs, Assigns, Privies, Successors-in-title, Personal Representatives and any other person deriving legal or possessory title from it) of the other part
This Agreement recites as follows:
- 1. The Agency is a business entity carrying on business in
Nigeria to recruit domestic staff for interested members of
the public.
- 2. The Employer has approached the Agency to recruit on his/her behalf domestic staff(s) to work in conditions as stated in this service agreement.
- 3. The Agency has agreed to recruit on behalf of the Employer domestic staff(s) at such cost and upon such conditions as shall be stated in this agreement.
- 2. The Employer has approached the Agency to recruit on his/her behalf domestic staff(s) to work in conditions as stated in this service agreement.
IT IS HEREBY AGREED BETWEEN BOTH PARTIES AS FOLLOWS:
1. SUBJECT MATTER
The recruitment of Domestic Staff(s) for the Employer by the Agency subject to the terms and conditions contained in this Agreement.
2. GOVERNING LAW
The law governing this service agreement shall be the law applicable in Nigeria as far as it applies to this contract unless the provisions of those laws are expressly excluded by the terms of this contract.
3. OBLIGATIONS OF THE AGENCY
3.1. The Agency shall be responsible for identifying suitable persons to fill the position of domestic staff either through any one or a combination of means such as external advertising, in-house search of existing data bank, headhunting and collaboration with other recruitment agencies.
3.2. The Agency shall be responsible for giving preliminary orientation to the persons identified on how to carry out their job generally as domestic staff.
3.3. The Agency upon identifying appropriate persons shall conduct relevant medical screening and detailed security checks on them, which includes the identification and address verification of the intended domestic staff and that of his/her guarantors. The Agency is obligated to share such security data with the Employer.
3.4. The Agency shall upload the profiles of the eligible candidates on her website.
3.5. The Agency shall sign a contract with any staff hired by the Employer upon such terms as shall be determined by the Agency but shall include permanently the clause that the staff shall be contractually bound to work for the Employer for a minimum period of one year subject to the terms of this agreement.
4. OBLIGATIONS OF THE EMPLOYER
4.1. The Employer shall interview any persons shortlisted
and forwarded by the Domestic Agency and shall be solely
responsible for deciding on whether the person should be
hired or not.
4.2. The Employer shall carry out relevant medical tests on
the preferred candidate.
4.3. The Employer shall make such payments as stated in
this service agreement and shall make the payments
promptly.
4.4. The Employer upon hiring the domestic staff shortlisted
and forwarded by the Agency shall not abuse the staff
physically, emotionally, verbally, psychologically, sexually,
or in any other way and shall be responsible for shielding
the staff from such aforestated abuses in his/her
household.
4.5. The Employer shall give a minimum of two days off to
the domestic staff monthly to promote adequate rest and
optimal productivity.
4.6. The Employer shall give a minimum of two meals per
day to individuals employed to work as a live-in staff or give
a reasonable feeding allowance when feeding won’t be
provided.
5. PAYMENTS
5.1. The Employer shall pay a consultancy/professional fee
of N40,000 (Forty Thousand Naira) for a Basic Subscription
and 100,000.00 (One Hundred Thousand Naira) for a
Premium Subscription for the role of the Agency in
recruiting domestic staff(s) on behalf of the Employer.
5.2. Upon conducting the interview and making a decision
on who to hire, the Employer shall pay 25% of the domestic
staff's first monthly salary to the Agency. Please be advised
that the failure to submit this payment will result in the
forfeiture of your entitlement to a free replacement, should
such a need arise.
5.3. The Employer shall make payment to the domestic
staff monthly and this term shall not be changed unless
consented to by the Agency.
5.4. Upon paying the sum referred to in paragraph 5.2
above, the balance of the said sum and every subsequent
salary shall be paid directly to the domestic staff by the
Employer.
5.5. The Employer shall make all the payments to the
Agency via the stated bank details: Account Name: Domo
Consulting; Account No: 1534322170; Bank: Access Bank.
6. REPLACEMENT AND REFUNDS
6.1. In the event that the domestic staff recruited by the
Agency leaves the employment of the Employer for reasons
that are not as a result of the breach of this agreement by
the Employer, the Employer shall be entitled to
replacements of the domestic staff by the Agency at no cost
but such replacement shall be within one employment
year.
6.2. The Employer shall be entitled to a complete refund of
the professional fees paid to the Agency if no domestic staff
is forwarded to the Employer for interview within thirty (30)
days of payment.
6.3. The Employer shall be entitled to a 50% refund if
he/she wishes to discontinue the service not more than 30
days after payment of the professional/consultation fee.
6.4. The Employer shall be entitled to 50% of the
professional/consultation fee paid if any of the staff
interviewed in the opinion of the Employer is not suitable for
the role.
6.5. The Employer shall not be entitled to any refund if the
domestic staff recruited by the Agency has been hired by
the Employer.
7. CONFIDENTIALITY/NON-COMPETE CLAUSE
7.1. Both parties shall keep all commercially sensitive
information obtained by them in the context of the service
agreement confidential and shall not divulge it without the
written approval of the other Party.
7.2. The Employer shall not within a period of one year
employ any domestic staff shortlisted by the Agency for
Interview and such a person has been deemed unsuitable
for the role by the Employer. This clause shall apply even if
the employment was not initiated directly by the Employer
but by another recruitment agency. A breach of this clause
by the Employer shall entitle the Agency to receive a
compensation of N 200,000.00 (Two Hundred Thousand
Naira) only from the Employer.
8. INDEMNITY CLAUSE
8.1. It shall be the responsibility of the Agency to carry out
detailed security checks on any of the prospective staff
shortlisted, HOWEVER, nothing in this agreement shall
make the Agency liable to the Employer for any action or
liability occasioned by the domestic staff during
employment by the Employer.
8.2. The provisions in paragraph 8.1. above shall not
preclude the Agency from rendering assistance to the
Employer for the purpose of locating the domestic staff,
upon providing proof that a crime was committed by the
domestic staff during the course of employment.
8.3. The Agency doesn’t support salary advancement and
won’t be liable for any loss resulting from this act. We
recommend giving monetary gifts to support staff if you
deem fit.
9. ASSIGNMENT AND SUBCONTRACTING
The parties can assign or subcontract some aspect of this contract to a third party. Where such assignment or subcontracting occurs, the provisions of this service agreement shall bind the assignee or subcontractor as if he was a party to this contract.
10. WAIVER
The Waiver by either party of the breach of any covenant or provision in this Agreement shall not operate or be construed as a waiver of any subsequent breach of by either party.
11. TERMINATION
11.1. Both parties can terminate this agreement, at any time for any reason upon written notice of one month to the other party. Where the agreement is terminated at the instance of the Employer the provisions of Clause 6.3 of this agreement shall apply.
12. EXECUTION
The execution of this agreement by either of the parties by marking “I agree” while Registering a client our portal.
this agreement by electronic or physical means shall constitute an execution of this agreement.
