Our Terms & Conditions

1. Registration & Fees

1.1 Registration Process

• Clients must complete the registration process by providing valid ID proof, address proof, and contact details.
• Registration is mandatory before availing any service from SEBAYAN.

1.2 Registration Fee

• A one-time registration fee of Rs. 1,000 will be charged only for customers in West Bengal and a registration fee of Rs. 6,000 will be charged for customers outside West Bengal, which is valid for one year.
• The registration fee is non-refundable, even if the client discontinues the service before one year.

1.3 Service Charges & Payment

• The service charge depends on the number of hours, type of work, and specific client requirements.
• Payments should be made in advance as per the agreed schedule (28 working days).

·      The amount paid to us at the time of joining is the recruitment charges/service charges of finding a maid for you. The salary of the maid starts from the day he or she starts working and needs to be paid on 28 days (Prepaid) basis directly to the company.

·      Clients must not pay the worker directly for services. All payments must be routed through SEBAYAN.

• Any extra payment made to the worker without SEBAYAN’s approval will not be considered part of the official service agreement.

2. Worker Code of Conduct & Responsibilities

2.1 Worker Behaviour & Conduct

• SEBAYAN ensures that all workers are verified, trained, and professional.
• Workers are instructed to maintain cleanliness, discipline, and respect while working at the client’s premises.
• Workers must not be subjected to verbal abuse, physical harm, or harassment by the client or any household member.

2.2 Work Timings & Attendance

• Workers will follow the assigned work schedule as per the agreement.
• If a worker is late or absent, the client must inform SEBAYAN immediately.
• Overtime work must be discussed and approved by SEBAYAN before assigning it to the worker.

2.3 Worker Restrictions

• Clients must not assign the worker duties beyond the agreed scope without informing SEBAYAN.
• Clients must not keep the worker beyond their agreed working hours without additional payment.
• Workers are not allowed to work directly for the client without SEBAYAN’s approval.

3. Client Responsibilities

3.1 Workplace Safety

• Clients must ensure a safe and respectful work environment for the assigned worker.
• The worker must be provided with necessary tools, cleaning materials, or any required equipment to perform their duties.
• Clients must not engage in any discriminatory or exploitative behavior towards the worker.

3.2 Confidentiality & Privacy

• Clients must not ask workers for personal details, financial information, or other confidential data.
• Clients must not record videos or take photos of the worker without their consent.
• Any complaints about worker misconduct should be reported directly to SEBAYAN, rather than handled personally.

3.3 Client Communication

• All communication regarding service, payment, complaints, or feedback must be routed through SEBAYAN’s official channels.
• Clients must not discuss salary, personal matters, or future job opportunities with the worker without SEBAYAN’s involvement.

4. Termination & Cancellation Policy

4.1 Termination by Client

• If a client wishes to discontinue the service, they must provide a minimum of 30 days' notice to SEBAYAN.

4.2 Termination by SEBAYAN

• SEBAYAN reserves the right to terminate services if:
• The client fails to make timely payments.
• The worker is subjected to harassment, abuse, or unsafe conditions.
• The client violates the agreement by hiring the worker directly.

4.3 Direct Hiring Restriction

• Clients must not hire SEBAYAN’s workers directly after terminating the agreement.
• If a client is found violating this policy, SEBAYAN may take legal action and blacklist the client from future services.

5. Complaint & Resolution Process

5.1 Reporting Issues

• If a client has an issue with a worker’s behavior, performance, or attendance, they must report it to SEBAYAN immediately.
• Complaints should be made via phone, email, or SEBAYAN’s official WhatsApp.

5.2 Resolution Timeline

• SEBAYAN will address complaints within 3-5 working days.
• If a replacement is required, SEBAYAN will arrange for one within 10 - 30 working days, subject to availability.

6. Legal & Liability Clauses

6.1 Liability Disclaimer

• SEBAYAN conducts background verification of workers but does not assume liability for any loss, theft, or damage caused by the worker.
• Clients are advised to keep their valuables secure and report any concerns immediately.

·      We strongly suggest that the client does a POLICE VERIFICATION of the Attendant this ensures that the Attendant is free of any criminal charges in the past. At any given point of time if there is any crime done by the candidate Civil or criminal SEBAYAN would not be responsible for the same.

6.2 Indemnification

• SEBAYAN will not be responsible for any disputes or conflicts arising between the client and the worker outside of the agreed service terms.
• Clients agree to indemnify SEBAYAN against any legal claims, damages, or liabilities related to the worker’s employment.

6.3 Modification of Terms

• SEBAYAN reserves the right to update or modify these terms at any time. Clients will be notified of any changes in advance.

7. Direct Hiring Restriction & Legal Consequences

1. Prohibition of Direct Hiring:

• Clients must not engage, employ, or hire any worker provided by SEBAYAN for personal employment outside of SEBAYAN’s contractual agreement, either during or after the service period.
• Any attempt to bypass SEBAYAN’s services by directly negotiating with the worker is considered a breach of contract and will result in legal action.

1. Minimum Restriction Period:

• Clients are prohibited from hiring SEBAYAN’s workers directly for a period of 12 months after terminating SEBAYAN’s services.
• This restriction applies even if the worker voluntarily leaves SEBAYAN.

1. Financial Penalty for Violation:

• If a client is found directly hiring a SEBAYAN worker, they will be liable to pay a penalty of ₹50,000 as compensation for the breach of agreement.
• Failure to pay the penalty within 15 days of notice may result in legal proceedings and additional claims for damages.

1. Worker Blacklisting & Termination:

• Any worker found working privately for a client in violation of SEBAYAN’s policies will be blacklisted, and SEBAYAN will no longer process their salary or provide future job placements.
• SEBAYAN reserves the right to pursue legal action against the worker for breach of contractual terms.

1. Legal Action & Court Jurisdiction:

• SEBAYAN reserves the right to initiate civil and criminal legal proceedings against any client who violates this clause.
• The client agrees to bear all legal costs, including court fees and attorney charges, in case of a legal dispute.
• Any legal disputes will be subject to the jurisdiction of courts in Kolkata.

1. Written Undertaking by Client:

• At the time of hiring, the client must sign a written undertaking stating that they will not engage in direct hiring practices.
• This undertaking will serve as legal evidence in case of a breach.

8. Legally Binding Non-Circumvention & Anti-Poaching Agreement

• All clients must sign a written agreement stating that they will not engage in any direct hiring for at least 12 months after termination of service.
• This agreement must be enforceable under the Indian Contract Act, 1872 and include penalty clauses.
• Both clients and maids must provide a copy of their Aadhar Card/PAN Card for legal identification.

9. Financial Penalty & Legal Consequences for Clients

If a client is caught hiring a maid directly without SEBAYAN’s consent:

1. Heavy Penalty

• The client will be liable to pay ₹50,000 as a penalty for breach of contract.
• This penalty will increase by ₹5,000 per month if unpaid within 30 days.

1. Legal Notice & Lawsuit

• SEBAYAN will send a formal legal notice through a lawyer demanding compensation.
• If the penalty is not paid within the given time, SEBAYAN may file a civil suit for breach of contract and financial damages in the local district court.

1. Criminal Action Under IPC (Indian Penal Code)

• If the client engages in fraudulent practices, SEBAYAN may file a police complaint under:
• Section 406 IPC (Criminal Breach of Trust) – For breaking the agreement after taking services.
• Section 415 IPC (Cheating & Dishonest Misappropriation of Property) – For attempting to evade payment and hiring directly.
• Section 420 IPC (Cheating & Dishonest Behavior) – For fraudulently bypassing the           agency.
• Section 120B IPC (Criminal Conspiracy) – If the maid and client conspired to cheat SEBAYAN.

4.     Client Blacklisting & Public Legal Action

• SEBAYAN will blacklist the client and refuse any future service.
• If necessary, SEBAYAN may publicly post legal action notices on their official website, social media, and legal platforms.

Agreement & Acknowledgment

By hiring a maid /Attendant from SEBAYAN, the client agrees to comply with these terms and conditions. Any violation of these policies may result in termination of service and possible legal action.