Terms and Conditions – Service Professional

RECOMMEND TERMS AND CONDITIONS – SERVICE PROFESSIONALS

When you use the services provided by RecomN Technologies Sdn Bhd. (Company Registration No: 1096851-A) (“Recommend.my” “We” or “Us” or “Our”), you are agreeing to our terms.  All “Service Professionals” listed on Recommend.my need to read, understand and agree to the user terms below. “Customers” refer to individuals, companies or organisations that submit a request for a service through Recommend.my.

If you do not agree to any of these terms and conditions, you should not proceed with setting up an account, requesting for a service, submitting information about yourself, or participate in any transaction on Recommend.my.

1. BACKGROUND

These terms cover Service Professionals who use, list, quote, accept a job on our Express system or send a Request for Payment to a Customer over our system.  These terms and conditions are in addition to any that the Service Professional may be required to sign / accept in paper format.  If there are any discrepancies between these terms and any other physical agreements, the terms below will supersede them.  We reserve the right to amend the terms without prior notice to the service professional.

2. APPOINTMENT

Service Professional is appointing Recommend, and Recommend accepts such appointment, to act as a non-exclusive referral for services

3. RECOMMEND RESPONSIBILITIES

3.1 Notification of Sales Leads: Recommend will notify the Service Professional of all the requests from Customers, regardless of whether they come in through the Quote, Express, or any other channels.

4. SERVICE PROFESSIONAL RESPONSIBILITIES

4.1 Contacting the Customer: Service Professional is responsible for contacting the Customer as soon as Customer information becomes available.  However, Service Professional should apply sensitivity and discretion on how often or at what times the contact is made.

4.2 Providing a Price Estimate to the Customer: Service Professional will provide a high-level estimate to the Customer and try within best efforts to stick to the estimate, unless the site visit reveals additional information that was not previously known to the Service Professional.  When a quotation is made, Service Professional must adhere to the quotation and any variation has to be agreed with the Customer.

4.3 Delivering Services Professional: Service Professional commits to delivering the service / product in a manner that is of the highest standards from the perspective of quality, service, timeliness or value.

4.4 Request for Payment: Service Professional commits to billing the Customer accurate and professionally based on the amount that was agreed.

4.5 Obtaining Reviews: Service Professional commits to requesting the Customer to leave a review on their service on the Recommend platform.

5. PAYMENT MANAGEMENT THROUGH RECOMMEND

5.1 Once a Customer and Service Professional agrees on a scope and price, the Service Professional has the option of Requesting a Payment through the Recommend system.  Usage of the Recommend payment system will have the conditions listed in Section 5.

5.2 Payment Management: The Customer can then pay online through direct bank transfer, online banking or credit card.  Once Customer has paid the amount to Recommend, 50% of the amount will be disbursed into the Service Professional’s bank account within 3 working days. When the Service Professional clicks “Request Balance” and the Customer agrees “Release Balance”, the remaining amount (minus Recommend marketing and administration fees) will be disbursed into the Service Professional’s bank account within 3 working days.

5.3 Service Standards: The Service Professional agrees to:

  • Provide the agreed scope at the agreed price (unless any variations in scope or price are agreed with the customer) to the best quality, timeliness and service within their capability and control and also industry standards
  • Respond to customer’s questions, requests and feedback written on the chat / messaging system within 6 hours of the question being asked

5.4 Dispute: In the case where there is a dispute as to the payment between Service Professional and Customer (Service Professional clicks “Request Balance” but the Customer clicks “Dispute”) the Service Professional agrees to:

  • Review the customer’s reason for dispute in a reasonable manner, and agree to corrective actions which will meet the customer’s expectations within 2 working days. Service Professionals will be given 2 chances to perform corrective actions
  • If after the 2 chances the customer’s expectations are still not met, the Service Professional is required to refund the customer all payment made to by the customer for the job.

5.5 Non-responsiveness by Customer: In the case where the Service Professional clicks “Mark Job Complete and Request Balance” and the Customer doesn’t respond within 2 working days, Recommend reserves the right to release the balance to the Service Professional

5.6 Refund: If the event that the Service Professional fails or refuses to give any refund, the customer may make a claim directly against the Service Professional for any amount owning to them (regardless whether Recommend is holding any sum paid in advance by them). Recommend also reserves its right make a refund on behalf of Recommend by, among others, deducting any “credits” or balances” that are in the Service Professional’s account and/or to terminate this Agreement immediately without notice.

5.7 Protection to the Service Professional: To protect Service Professional’s rights, Recommend may request the customer to return any unused materials, or even assembled “products” to the Service Professional. However, this will be at the sole discretion of Recommend (based on, among others, the conversation between the Customer and the Service Professional within the chat / messaging function).

5.8 Additional Warranty Provided by the Service Professional: In cases where products or services provided by the Service Professional are subject to a warranty (such as, but is not limited to, curtains, renovations, cabinet carpentry, fixes on electrical items, etc), the Service Professional is required to:

  • Clearly state any warranties and the terms and conditions within the Quotation that is sent to the customer, and
  • Honour the warranty, which will start running from the date at which the customer releases the balance payment.

In the event where the customer complains that the Service Professional did not honour the warranty, Recommend reserves the right to offset the cost of serving that warranty by deducting any “credits” or “balances” that are in the Service Professional account and/or terminate this Agreement immediately without notice. The value that is deducted will be based on the replacement cost of the warranty and will be set at the sole discretion of Recommend. Nothing in this Agreement prohibits the customer to make any claims directly against the Service Professional.

5.9 Insurance Protection for the Service Professional: Recommend, in partnership with an insurance company, provides the following protection for Service Professionals:

  • For Home Services: Such as renovations, handyman, air-con, electrician, plumber, tiling, and other categories listed in https://www.recommend.my:
    • Damages on customer’s principal existing property or property belonging to or held in care, custody or control by the customer as direct impact of the service professional’s work, or non-completion of work in the case of abscondment – up to RM50,000 (for project value above RM5,000) and up to RM5,000 (for project value below RM 5,000)
    • Theft on customer’s valuable items – up to RM5,000
    • Public liability insurance on accidents occurring on site – RM100,000
  • For Events and Wedding Services: Such as cake bakers, caterers, photographers, videographers, event venue and other categories listed in https://www.recommend.my:
    • Public liability insurance on accidents occurring on site – RM100,000

This insurance coverage is limited to job value below RM150,000.  In the cases where Customers choose to claim against the insurance, Recommend reserves the right to review the Service Professional’s performance to determine whether we will continue to work with the Service Professional

5.10 Recommend Marketing and Administration Fee

For all payments processed through Recommend, we will charge a marketing and administration fee on the total amount paid by the customer.  The fees start from 3% and is available from [email protected]

The fees above will cover all credit card fees, online banking fees, insurance costs, marketing costs, as well as administrative help from the Recommend team to call the customer to remind them to pay and release balance payment to Service Professionals.

6. CONFIDENTIALITY

6.1 Each party must maintain in confidence the Confidential Information of the other.

6.2 Each party may use and copy Confidential Information of the other only in connection with performance under this Agreement.

6.3 On termination of this Agreement, each party must return to the other party all Confidential Information of the other party in its possession or control.

7. PRIVACY

7.1 Service Professionals may not contact the customer or use the customer details obtained through Recommend for any other purpose than to complete the job that was assigned to Service Professional

8. INDEMNITY

8.1 Service Professional agrees to indemnify Recommend for any legal liabilities that may arise due to the service that is offered to the customer by the Service Professional.

9. TERMINATION

9.1 Either party may terminate this Agreement immediately on written notice, if the other party commits a breach of this Agreement and, if it is capable of remedy, fails to cure it within 30 days after receiving notification of it; commits a breach which is incapable of remedy; has made a material representation in, or in respect of, this Agreement that proves to be untrue in any respect; or suffers any Insolvency

9.2 Either party may terminate this Agreement by written notice 60 days prior to the date of termination

9.3 In that this Agreement is terminated due to the fault of the Service Professional, all “credits” or “balances” remaining with Recommend will be forfeited and no refund will be given.

10. MISCELLANEOUS

10.1 Independent Contractor Status and Disclaimer: Recommend is an independent contractor, and nothing in this Agreement will be construed to create a partnership, joint venture, employment or agency relationship between the parties. The Service Professional agrees that Recommend is merely providing a matching service for the Service Professional and customer. Recommend assumes no liability for any damage or loss caused by the customer against the Service Professional. The Service Professional understands that by using the services herein, he may be exposed to a request that is potentially dangerous, offensive, harmful, unsafe or otherwise objectionable, and that the Service Professional use the service at his own risk.

10.2 Compliance with Law: Each party must comply with all applicable laws and regulations of Malaysia

10.3 No Waiver: Neither party will, by mere lapse of time without giving notice or taking other action hereunder, be deemed to have waived any breach by the other party of any of the provisions of this Agreement.

10.4 No Conflict Of Interest: Each party represents and warrants that it has full power and authority to undertake the obligations set forth in this Agreement and that it has not entered (and will not enter) into any other agreements that would render it incapable of satisfactorily performing its obligations hereunder, or place it in a position of conflict of interest

10.5 Backup: Recommend does not guarantee or warrant that the data stored in its server or generated by the Recommend platform will be backed up. The Service Professional shall be responsible for keeping an independent backup of all data stored or generated. The Service Professional is also responsible for maintaining accurate data. However, in the event that the Service Professional’s records do not correspond with Recommend’s records, the latter shall prevail.

10.6 Recommend reserves the right to amend, or change any of the terms in this contract without prior notice to Service Professional

Additional Terms and Conditions are available at https://www.recommend.my/tnc

 

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