Caregiver Terms &
Conditions

CAREGIVER HIRING SERVICE TERMS AND CONDITIONS

This Service Terms and Conditions is entered into between, The Client (the individual registering and accepting this terms and conditions online), and Suvidha Facility Private Limited, a private limited company incorporated under the laws of Nepal, having its registered office at Post Box No. 4930, Krishna Galli-03, Lalitpur (hereinafter referred to as the “Service Provider”).

ARTICLE I – SCOPE OF WORK

The associate/s should abide by Client’s guidelines and instructions passed on to her/him by Client. Service Provider will provide an identity card with its name marking “Out Sourced Associate from Suvidha Facility”.

The assigned associate/s of the Service Provider shall work under the supervision of Client for daily activities. The associate/s provided by the service provider shall obey the rules and regulations set by Client at any time.

In case the associate assigned under this terms and conditions resigns or cannot perform her/his assignment due to any reason whatsoever, the Service Provider will immediately replace within 7 working days inside Kathmandu Valley and 14 working days outside Kathmandu Valley from the date of the requirement placed.

The Service Provider or its associate/s or any individual engaged by the Service Provider shall in no way be employee of Client. His/her relationship with Client and the service he/she provides and the benefits he/she derives will be limited exclusively by the terms set forth in this Contract.

The Service Provider understands and agrees that Client accepts no responsibility for the settlement of disputes that may arise between the Service Provider and its associate/s or any individual engaged by it.

ARTICLE II – PAYMENT

Service Invoice: Service Provider shall issue the tax invoice as per the agreed price as mentioned in Annexure I. It includes the gross salary (including 20% SSF) plus insurance plus festival allowance plus leave provision plus management fee.

Leave Provision: Assigned associate/s shall be entitled to the following mentioned leaves:
Annual Leave: 18 days annually
Sick Leave: 12 days annually
Maternity Leave: Associates shall be entitled with 98 days of maternity leave in which 60 days will be fully paid.
Paternity Leave: Associates shall be entitled with 15 days of paid paternity leave.
Mourning Leave: Associates shall be entitled with 13 days of paid mourning leave.

Social Security Fund: Social Security Fund contribution amount shall be claimed for the associates as per existing labor law (20% of Basic Salary which includes i.e. 10% Provident Fund + 8.33% Gratuity + 1.67% other).

Payment Cycle: Service Provider shall maintain a salary cycle from the 1st to Last day of the Nepali month. Service Provider shall raise an Invoice towards the same by the 2nd of the Nepali month. The Client shall make 100% payment by 5th of the Nepali month. Service Provider shall release the salaries to Personnel by 10th of the Nepali month. All the payments must be made by bank transfer, cheque deposit or cash deposit in favour of Suvidha Facility Pvt Ltd.

Minimum Salary: This is agreed that Client will consider the basic increment made by Government of Nepal which is applicable as minimum salary scale as per the Labour act and shall be published in Nepal Gazette if it doesn’t comply with the existing salary as mentioned in the contract. Similarly, any changes made in terms of salary and benefits, or any other provision and compliance as prescribed by Labour Law, the same shall be implemented by the Client as prescribed by the law.

Absorption Fees: In the event of the Client absorbing an Associate or transferring Associate on different payroll, Service Provider will charge a onetime absorption fee at 8.33% of the Associate’s Annual Cost to Company from the Client for every Associate absorbed or transferred by the Client. This clause will not be applicable in case if the Associate is referred by the Client.

Penalty for Direct Hiring of Outsourced Associates: In the event that the Client directly hires, employs, or engages any Associate/Personnel provided by the Service Provider under this terms and conditions, without prior written consent of the Service Provider, the Client shall be liable to pay the Service Provider a penalty equivalent to 25% of the Associate’s Annual Cost to Company (CTC) or six (6) months of the Associate’s gross salary, whichever is higher. Such payment shall be made within fifteen (15) days from the date of direct hiring. Failure to comply with this clause shall entitle the Service Provider to pursue legal remedies, including recovery of dues with applicable interest and legal expenses.

Statutory Compliance: The VAT is considered as the revisable subject to downward and/or upward revision whatsoever made by the government of Nepal. The Client shall deduct withholding Taxes (TDS) at the then current prevailing rates imposed by the Laws of Nepal on all payments to the Service Provider and deposit such TDS with the concerned Tax Office if applicable.

ARTICLE III – EXEMPTION

Both the parties of this contract shall not be held liable for failure to perform any of its contractual obligations if such failure results from any Force Majeure, Fire, Earthquake, Explosion, Strike, Lockouts, Industrial Disputes, Transportation Embargos, the existence of State Emergency, War-Like Condition, Civil Commotion, Riots, any measures taken by the government whatsoever which renders it impossible or not practicable to fulfill its contractual obligations.

ARTICLE IV – SETTLEMENT OF DISPUTE

In case any dispute arising out between the parties to this contract, it shall be settled amicably between both parties, and no third parties shall be involved. In case of failing to settle the dispute amicably by the parties, such dispute may be settled through the process of Arbitration, in the manner as prescribed in the Arbitration Act, Nepal 1998 (2055).

ARTICLE V – TERMINATION

Either party of this Contract may terminate this Contract with one month’s written notice in advance to another party.

ARTICLE VI – CONFIDENTIALITY

The Service Provider and its assigned associate/s shall maintain strict confidentiality in respect of any information relating to the Client, which may be known to them or which they may come across in course of providing the services under this contract.

ARTICLE VII – COOPERATION

The parties agree to cooperate fully and to provide assistance to the other party in the investigation and resolution of any complaints, claims, actions, or proceedings that may be brought by or that may involve Assigned Associate/s.

ARTICLE VIII – AMENDMENT OF TERMS AND CONDITIONS

This terms and conditions may be amended by mutual understanding in writing or mail between the Client and the Service Provider.

ARTICLE IX – VALIDITY

These terms and conditions shall remain in effect from the date of acceptance until terminated in accordance with this terms and conditions. Any terms and conditions, if not specifically mentioned herein shall be governed by the National Civil (Code) Act 2074 (2017).

ARTICLE X – PRICE SCHEDULE

The detailed pricing, service fees, and cost structure (“Annexure I”) shall be shared separately with the Client via email, WhatsApp, or other agreed communication channels.

ARTICLE XI – ACCEPTANCE OF TERMS AND CONDITIONS

By registering on the website and selecting “I Agree” (or similar action), the Client acknowledges that they have read, understood, and agreed to be legally bound by the terms and conditions.