1. PAGAWA SERVICES
General Terms
1.1. Pagawa provides the platform for Task Requestors to post tasks that they want to get done.
1.2. Task Experts may make an offer to tasks posted by a Task Requestor.
1.3. Task Requestors may cancel or modify their posted task at any time before they accept an offer. Task Experts have the right to cancel all on offers prior to offer acceptance.
1.4. If a Task Requestor accepts an Offer on the Pagawa platform, the requested task is assigned to that particular task expert.
1.5. Upon acceptance of the offer, the Task Requestor must pay the agreed price for the requested task into the Pagawa payment account.
1.6. Upon the acceptance of the offer, the expert has rendered the services, the Pagawa Platform Fee is due and payable.
1.7. Once the offer is accepted, the expert and Task Requestor may vary the agreed pricing on the Pagawa platform. The Task Requestor and expert are strongly encouraged to use Pagawa’s private messaging system to do any variation to the task agreement.
1.8. Once the tasks are completed, the Task Requestor will be notified and must respond by either releasing payment or disputing that the task has been completed within 10 days. Should a response not be received from the Task Requestor, the task will be automatically deemed to have been completed satisfactorily and (subject to any restrictions noted below in paragraph 1.9) payment will be released to the task expert.
1.9. After the confirmation by both the task expert and the Task Requestor that the task has been completed, or if Pagawa is satisfied the Services have been completed, subject to any restrictions (e.g. a dispute or failure to complete required verification processes), the task expert Service Fee will be payable and the task expert payment will be released by Pagawa from the Payment Account to the task expert.
1.10. After the task is completed, both parties are encouraged to review and provide feedback of the services on the Pagawa platform.
Experts Listing
1.11. Pagawa may also provide an expert listing feature enabling Experts to publish offers for their services.
1.12. Pagawa may post expert listings from time to time in its absolute discretion.
1.13. A Task Requestor may purchase the services of an expert by clicking on the Buy Now button.
1.14. A task expert may delete or change its expert listing at any time before a Task Requestor accepts an expert’s offer.
2. TASK EXPERTS ROLES AND OBLIGATIONS
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3. ALL PAGAWA USERS OBLIGATIONS
3.1. All Pagawa users will at all times:
- i. comply with this Terms and Conditions
- ii. provide true and accurate information on the Pagawa platform
- iii. ensure that you are aware of any laws that apply to you in your country of residence.
3.2. Any information in Pagawa platform (other Task Experts, Task Requestors and other information) will not be used for any other purposes other than dealing with other Pagawa users in relation to the services that provided.
3.3. You must not use the pagawa.com Platform for any illegal or immoral purpose.
3.4. You must take care of your Pagawa account at all times. You must not allow others to use your account or sell you account
3.5. Allow Pagawa an unrestricted, royalty-free access to use, reproduce and modify any content or information posted in the Pagawa platform for the purpose of publishing material on the Pagawa platform and general promotion of the Pagawa services.
3.6. You agree that any information posted on the Pagawa platform must not, in any way whatsoever, be potentially or actually harmful to Pagawa requestors and experts or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by requestors and experts.
3.7. Any provision, any information you provided, posted or published in an offer or a posted task (including as part of an Offer) must be up to date, always updated and must not:
- i. be false, inaccurate or misleading or deceptive;
- ii. be fraudulent;
- iii. violate any applicable Philippine law;
- iv. be defamatory, libellous, threatening or harassing;
- v. be obscene or contain any material that Pagawa believes are inappropriate; or
- vi. contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Airtasker Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
3.8. Pagawa uses location-based functionality. A user should never disclose Personal Identifiable Information (PIA) such as full name, street number, phone number or email address in posted tasks and services or in any publicly posted information on the Pagawa platform.
3.9. If you are a task expert, you must have the right, licence or all other necessary skills (as applicable) to provide the relevant services. You must comply with the Philippine tax and regulatory obligations in relation to any payment for the services you provided.
3.10. As a task expert, when supplying the service or while providing the service, you must not charge any fees on top of the agreed price on the service provided. The expert and the Task Requestor may agree to amend the agreed pricing through the Pagawa platform.
3.11. Task experts must not request payments outside the Pagawa platform the requestor of the service except to the extent permitted by clause 3.12.
3.12. If a task expert agrees to pay some costs of completing the service (such as equipment to complete the Services), the tasker is solely responsible for obtaining any reimbursement from the Task Requestor. Any communications in respect of agreeing to these additional costs should be done in Pagawa platform. Pagawa advises task experts not to agree to incur costs in advance of receiving the payment for these costs, unless the task expert is confident and agreed with the Task Requestor to reimburse the costs.
3.13. The task expert must ensure that the services to be provided to the Task Requestor will not be subcontracted and that the task expert will be the actual person completing the task/
3.14. If Pagawa determines at its sole discretion that a task expert or a Task Requestor has breached any obligation under this user obligations or or has breached one or more service agreement, Pagawa reserves the rights to remove any content, posted task or offers submitted to the Pagawa service or cancel or suspend the account and/or any task or service agreement.
4. FEES
4.1. Pagawa Platform Fee is payable to Pagawa for bookings made on the platform. When a Task Requestor accepts a task expert’s offer, the task is assigned to that task expert and a task agreement is created between the two parties. At this time, Task Requestor will be charged the agreed pricing plus the platform fee for the use of Pagawa platform.
4.2. Separate to the Platform Fee charged to the Task Requestor, a Task Expert is also charged an Task Expert Service Fee as for the Task Expert’s use of the Pagawa services.
4.3. When the Task Requestor releases the payment for the services rendered to the Task Expert, the Task Expert Service Fee (will be deducted from the service payment) and the Pagawa Platform fee (separately paid by the Task Requestor) will be retained by Pagawa.
4.4. The Pagawa Platform fee and the Task Expert Service Fee are VAT inclusive.
4.5. Subject to clause 5, all fees payable to Pagawa are non-cancellable and non-refundable.
4.6. If Pagawa introduces a new service on the Pagawa platform, the fees applicable to that service will be payable from the launch of the service.
4.7. Pagawa reserves the right to amend the amount of any fees, including the Pagawa Platform Fee and Task Expert Service Fee, from time to time and any changes will be updated on Pagawa.com.ph website.
5. PAYMENTS, REFUNDS AND CANCELLATIONS
5.1. If the task agreement is cancelled for any reason by the Task Requestor or Task Expert prior to the start of the task agreement, then if Pagawa is reasonably satisfied that the agreed price (and if applicable, the Pagawa platform fee) should be returned to the Task Requestor then those amounts (as applicable) will be refunded to the Task Requestor as Pagawa credits and a cancellation fee will be due to Pagawa by the user who initiated the cancellation of the task agreement is attributable to under clause 5.7 or 5.8.
5.2. If the Task Requestor is responsible for the cancellation of the task agreement (see clause 5.8), the Pagawa Platform Fee will be retained by Pagawa.
5.3. If the Task Expert is responsible for the cancellation of the task agreement (see clause 5.7), Pagawa will deduct the cancellation fee from the Task Expert’s next payout request (or from multiple payout requests, until the cancellation fee is fully paid see below).
5.4. Cancellation fees deducted from Task Expert payout requests are capped at a maximum of 50% of the total payout request (so may require deductions across multiple payout requests).
5.5. Upon request by the relevant Task Requestor submitted to Pagawa, Pagawa may refund the agreed task price (and Pagawa platform fee, as applicable) to the Task Requestor’s original payment method.
5.6. Any amount returned by Pagawa to a Task Requestor on behalf of a Task Expert under clause 5.1 will be a debt owed by the Task Expert to Pagawa and may be offset by Pagawa against any other payments owed at any time to the Task Expert.
5.7. Any outstanding Cancellation Fee owed by a Task Requestor or Task Expert under clause 5.1 will be a debt owed by them to Pagawa and may also be offset by Pagawa against any other payments owed at any time to the Task Requestor or Task Expert.
5.8. Cancellation of a task agreement will be attributable to the Task Expert where:
- i. the Task Requestor and the Task Expert mutually agree to cancel the task agreement; or
- ii. after reasonable but unsuccessful attempts of the Task Requestor to contact the Task Expert to perform the task agreement, the task contract is cancelled by the Task Requestor; or
- iii. the Task Expert cancels the task agreement; or
- iv. task agreement is cancelled in accordance with clause 3.14 as a result of the Task Expert’s actions or breach.
5.9. Cancellation of a task agreement will be attributable to the Task Requestor where:
- i. the Task Requestor cancels the task agreement (other than in accordance with clause 5.8(ii); or
- ii. a task contract is cancelled in accordance with clause 3.14 as a result of the Task Requestor’s actions or breach.
- iii. a task has been automatically cancelled in accordance with clause 1.8 as a result of the Task Requestor’s inaction; or
- iv. a task has been automatically cancelled in accordance with clause 4.5 of Appendix A Model Task Agreement terms.
5.10. If both parties agree to any additional cancellation fee payable under the agreement, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
5.11. Pagawa may take up to 5-7 business days to process the return of the agreed price (less the cancellation fee, if applicable) to the Task Requestor as Pagawa credits or to process (following a request from a Task Requestor) a refund to the Task Requestor’s original payment method.
5.12. If for any reason, the Task Expert funds cannot be transferred or otherwise made to the Task Expert or returned to the Task Requestor (as the case may be) or no claim is otherwise made for the Task Expert Funds, the Task Expert Funds will remain in the payment account until paid or otherwise for up to three months from the date the Task Requestor initially paid the agreed price into the payment account.
5.13. After 3 months referred to in clause 5.12, and provided there is still no dispute in respect of the Task Expert Funds, the Task Expert Funds will be credited to the Task Requestor’s as Pagawa credits.
5.14. If the task agreement is cancelled and a Task Requestor or Task Expert who are party to the task agreement can show that work under a task agreement was commenced, then the amount of the agreed price to be returned to the Task Requestor will be conditional upon the mediation and dispute process in clause 18. However, the cancellation fee will always be due in accordance with clause 5.1.
5.15. Pagawa may suspend a User Account in its sole discretion for repeated Cancellations.
6. PAGAWA CREDITS
6.1. Pagawa Credits:
- i. can be used by the credited Pagawa user to pay for any new services via the Pagawa Platform;
- ii. are not refundable or redeemable for cash other than where the Task Requestor has submitted a request for the return of Pagawa credits to their original payment method;
- iii. cannot be replaced, exchanged or reloaded or transferred to another card or account;
- iv. that were issued are valid 18 months, from the date on which those particular Pagawa credits are applied to a user’s account, the date of issue or purchase or any expiry date applied by Pagawa;
- v. are acquired other than under this agreement; and
- vi. must by any means for use by an entity other than the credited User, or stored in a data retrieval system, without Pagawa’s prior written permission.
6.2. The user credited with Pagawa credits is solely responsible for the security of any Pagawa credits. Save for the Non-Excludable Conditions, Pagawa will have no liability for any loss or damage to the Pagawa Credits and does not have any obligation to replace Pagawa Credits.
6.3. Pagawa will not accept, and may refuse or cancel, any credits, which it reasonably determines in its discretion, have been used in breach of this agreement or have been forged, tampered with, or are otherwise fraudulent and Pagawa reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, Pagawa credits, such as promotional coupons, vouchers or codes distributed or circulated without our approval are not valid for use and may be refused or cancelled.
6.4. Pagawa is entitled to any value on Pagawa credits which is not redeemed before the credits expires or is cancelled by Pagawa.
7. PAYMENT FACILITY
7.1. Pagawa uses a payment provider to operate the payment account.
7.2. In so far as it is relevant to the provision of the Payment Account, the terms at https://www.paymongo.com/ are incorporated into this agreement and will prevail over this agreement to the extent of any inconsistency in relation to the provision of the Payment Account.
7.3. If Pagawa changes its Payment Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.
8. VERIFICATION & BADGES
8.1. Pagawa may use Identity Verification Services (NBI Clearance/Police Clearance).
8.2. You agree that Pagawa Identity Verification Services may not be fully accurate as all Pagawa services are dependent on User-supplied information and/or information or Verification Services provided by third parties.
8.3. You are solely responsible for identity verification and Pagawa accepts no responsibility for any use that is made of an Pagawa Identity Verification Service.
8.4. Pagawa Identity Verification Services may be modified at any time.
8.5. Pagawa platform may also include a User-initiated feedback system to help evaluate Users.
8.6. Pagawa may make Badges available to Task Experts. The available Badge can be requested by the Task Experts via the Pagawa platform and arranged on behalf of the Task Experts and issued by Pagawa, for a fee. Obtaining Badges may be conditional upon the provision of certain information or documentation by the Task Expert and determined by Pagawa or a third-party verifier which shall be governed by its terms.
8.7. You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a task agreement, you do so aware of this limitation. You should seek to verify any Badge with the Task Expert prior to commencing the task.
8.8. It remains the Task Expert’s responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform Pagawa immediately if a Badge is no longer valid.
8.9. Pagawa may, at its discretion, issue Badges to Task Experts for a fee.
8.10. The issue of a Badge to a Task Expert remains in the control of Pagawa and the display and use of a Badge is licensed to the Task Expert for use on the Pagawa platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the Pagawa platform.
8.11. Pagawa retains the discretion and right to not issue, or remove without notice, a Badge if the Task Expert is in breach of any of the terms of this agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Airtasker
9. PRIVACY
9.1. Third Party Service providers (Task Experts and companies acting registered as Task Experts in Pagawa platform) will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, you must review and agree to their terms of service including their privacy policy.
9.2. Pagawa will endeavour to permit you to transact anonymously on the Pagawa platform. However, in order to ensure Pagawa can reduce the incidence of fraud and other inappropriate behaviour, Pagawa reserves the right to ask Users to verify themselves in order to remain a User.
10. MODIFICATIONS TO THE AGREEMENT
10.1. Pagawa may modify this agreement or the policies (and update the Pagawa pages on which they are displayed) from time to time. Where Pagawa make significant modifications, we will send notification of such modifications to your Pagawa account or advise you the next time you login.
10.2. When you actively agree to amended terms (for example, by clicking a button saying “I accept”) or use the Pagawa platform in any manner, including engaging in any acts in connection with a task agreement, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to you.
10.3. If you do not agree with any changes to this agreement (or any of our policies), you must either terminate your account or you must notify Pagawa who will terminate your Pagawa account, and stop using the Pagawa service.
11. NO AGENCY
11.1. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this agreement. You have no authority to bind Pagawa, its related entities or affiliates in any way whatsoever. Pagawa confirms that all Third-Party Services that may be promoted on the Pagawa platform are provided solely by such Third Party Service providers. To the extent permitted by law, Pagawa specifically disclaims all liability for any loss or damage incurred by you in any manner due to the performance or non-performance of such Third-Party Service.
12. MEDIATION AND DISPUTE RESOLUTION
12.1. Pagawa encourages you to try and cooperate with the other user to try and make a genuine attempt to resolve disputes (including claims for returns or refunds) with other users directly. Accordingly, you acknowledge and agree that Pagawa may, in its absolute discretion, share your information with other parties involved in the dispute.
12.2. Pagawa may elect to assist users resolve disputes. Any user may refer a dispute to Pagawa. You must co-operate with any investigation undertaken by Pagawa. Pagawa reserves the right to make a final determination (acting reasonably) based on the information supplied by the users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other user or Pagawa’s determination in an applicable court or at your own expense. Any decision made or outcome of the court will between you and the other user and Pagawa will not have anything to do or will not have any liability on the court decision.
12.3. Pagawa has the right to hold any task agreed price that is the subject to a dispute in the Payment Account, until the dispute has been resolved.
12.4. Pagawa may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third-Party Dispute Service will be available on request. The Third-Party Dispute Service is a Third Party Service and users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
12.5. Disputes with any Third Party Service provider must proceed according to any dispute resolution process set out in the terms of service of the Third Party Service provider.
12.6. If you have a complaint about the Pagawa service please contact us here.
12.7. If Pagawa provides information about other users to you for the purposes of resolving disputes, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Pagawa for any costs, losses or liabilities incurred by Pagawa in relation to any claims relating to any other use of information not permitted by this agreement.
13. TERMINATION
13.1. Either you or Pagawa may terminate your account and this agreement at any time for any reason.
13.2. Termination of this agreement does not affect any task agreement that has been formed between the Task Requestor and the Task Expert.
13.3. Sections 4 (Fees) and 12 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this agreement.
13.4. If your account or this agreement are terminated for any reason then you may not without Pagawa’s consent (in its absolute discretion) create any further accounts with Pagawa and we may terminate any other accounts you operate.
14. GENERAL
14.1. This Agreement is governed by the Philippine laws.
14.2. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
14.3. This Agreement may be assigned or novated by Pagawa to a third party without your consent. In the event of an assignment or novation the user will remain bound by this Agreement.
14.4. This Agreement sets out the entire understanding and agreement between the user and Pagawa with respect to its subject matter.
APPENDIX A: TASK AGREEMENT
A Task Agreement is created in accordance with the Pagawa Agreement. Unless otherwise agreed, the Task Requestor and the Task Expert enter into a Task Agreement on the following terms:
1. COMMENCEMENT DATE AND TERM
1.1. The Task Agreement is created when the Task Requestor accepts the Task Expert’s offer on a posted task to provide services.
1.2. The Task Agreement will continue until terminated in accordance with clause 7.
2. SERVICES
2.1. The Task Expert will perform services in a proper and workmanlike manner.
2.2. The Task Expert must perform the services at the time and location agreed.
2.3. The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Task Agreement.
2.4. The parties acknowledge that the Task Agreement is one of personal service where the Task Requestor selected the Task Expert to perform the services. Therefore, the Task Expert must not subcontract any part of the services to any third party without the Task Requestor’s consent.
2.5. The Task Expert always remains responsible and liable to the Task Requestor for any acts or omissions of a subcontractor as if those acts or omissions had been made by the Task Expert.
3. WARRANTIES
3.1. Each party warrants that the information provided in the creation of the Task Agreement is true and accurate.
3.2. The Task Expert warrants that they have (and any subcontractor has) the right to work and provide services and hold all relevant licences in the jurisdiction where the services are performed.
4. PAYMENT OR CANCELLATION
4.1. Upon the creation of the Task Agreement, the Task Requestor must pay the Agreed Price into the Payment Account.
4.2. Upon the services being completed, the Task Expert will provide notice on the Pagawa platform.
4.3. The Task Requestor will be prompted to confirm the services are complete. If the Task Expert has completed the services in accordance with clause 2, the Task Requestor must use the Pagawa platform to release the Task Expert payment from the Payment Account.
4.4. If the parties agree to cancel the Task Agreement, or the Task Requestor is unable to contact the Task Expert to perform the Task Agreement, the Task Expert Funds will be dealt with in accordance with the User’s Pagawa Agreement.
4.5. In the event that a Task:
- 4.5.1. has been assigned for 30 days; and
- 4.5.2. is inactive for 7 days beyond the due date for that Task (i.e. inactive means where there has been no communication between the parties through the Pagawa Platform or the task has not been subject to any reschedule request), the task will be automatically cancelled, and the task payment will be returned to the Task Requestor, and the Pagawa Fee will be retained by Pagawa.
5. LIMITATION OF LIABILITY
5.1. Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the services, and any claims by any third person, or the Task Agreement, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
5.2. Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the agreed task price.
6. DISPUTES
6.1. If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).
6.2. If the parties are unable to resolve the dispute in accordance with clause 6.1, either party may refer the dispute to Pagawa and act in accordance with clause 12 of the Pagawa Agreement.
7. TERMINATION OF CONTRACT
The Task Agreement will terminate when:
7.1. the services are completed and the agreed price is released from the Payment Account;
7.2. a party is terminated or suspended from the Pagawa Platform, at the election of the other party;
7.3. otherwise agreed by the parties or the Third Party Dispute Service; or
7.4. notified by Pagawa in accordance with the party’s Pagawa Agreement
8. APPLICATION OF POLICIES
The parties incorporate by reference the applicable Policies.
9. Governing Law
The Task Agreement is governed by the laws of the jurisdiction in the Philippines where the posted task was posted on the Pagawa Platform.