Terms of Service

Last updated on October 30, 2021

Hello, and welcome to My Cloud Crew!

This page explains our terms of service, which contain important information about your legal rights. When you subscribe to any of our services, you’re agreeing to these terms.

Definitions

My Cloud Crew Inc (“MCC”) is an American registered company (EIN–32-0629736) that provides staffing services to companies and entrepreneurs (“Clients”) globally.

These terms of service (“Agreement”) are subject to the Laws of Delaware, USA; and all parties herewith agree to the jurisdiction of the courts of Delaware.

MCC employs individual contractors (“Staff Member” or collectively, “Crew”) who work remotely in their respective personal residence or co-working space. The Client leases a Staff member from MCC and pays applicable service fees (“Service Fees”) to MCC on a monthly or yearly basis.

Types of staffing offered by MCC (“Services”):

The Client leases from MCC a Staff Member and agrees to manage the Staff Member directly

The Client leases from MCC a Crew and agrees to manage the Crew directly

The Client leases from MCC a Crew that will execute a set of pre-established recurring workflows, and MCC agrees to manage the Crew on behalf of the Client

1. Contract Term

Unless otherwise explicitly stated in the description of a Service, the standard minimum contract term for the Services is twelve (12) months. The Client acknowledges that this contract is a minimum term, and that the Client will provide the appropriate notice period for cancellation, as per the terms below (see Payments clause).

This Agreement will automatically roll over into a new agreement of the same length if notice to terminate or cancel is not provided within thirty (30) days of the expiry of the initial contract term.

The contract start date refers to the date the Client and the Staff Member or Crew commences training on the Client’s account.

2. Working Hours & Leave

2.1. Annual and sick leave (applies only to Individual Staffing).The Crew is entitled to fifteen (15) days per annum of combined holiday and emergency sick leave. This leave accrues monthly from the contract start date and will be reflected in the Crew’s online timesheets as paid leave.

The Staff Member shall give due notice to their Team Leader when applying for holiday leave. The Staff Member will likewise inform their Team Leader as soon as they need to be on sick leave and will provide a medical certificate accordingly. MCC will consult with the Client on any leave application to ensure that the Client’s business operations are uninterrupted while the Staff Member is on leave. Neither an emergency sick leave nor a scheduled holiday leave by the Client’s Staff Member is grounds for termination of this Agreement.

The Client shall continue to pay Service Fees during the Staff Member’s leave at the usual contract rate as if the employee were working, and as such, no refund will be given for contractually entitled annual holiday and sick leave.

In line with the Australian public holiday system, the Crew is not required to work on the Client’s national public holidays.

2.2. Overtime (applies only to Individual Staffing & Team Staffing). MCC will inform the Client if their Crew’s monthly hours are nearly depleted, and will consult with the Client if overtime is required. If the Client approves the overtime, any hours worked by the Crew in excess of the minimum contractual hours will be automatically billed to the Client’s account on the first (1st) day of the succeeding month. The Client agrees to pre-authorize this amount to be debited from their nominated payment method. The Client also agrees to regularly review their Crew’s online timesheets before the end of each billing period.

3. Training & Management of Staff Members

The Client acknowledges that the Staff Members are Filipinos with a unique work culture, and as such they require a fundamentally different management style and approach than the Client may be accustomed to. (Read more on this here.) MCC will endeavor to properly onboard and prepare the Client for remote staff leasing.

3.1. Training the Crew. Irrespective of the education level and skills set of the Staff Member, the Client agrees to adequately train them in the following:

a) all aspects of the Staff Member’s role within the Client’s organization
b) the Staff Member’s role in relation to any onshore and/or offshore roles within the Client’s organization
c) specific tasks that the Staff Member will execute
d) Key Performance Indicators (KPIs) and any other relevant metrics, which must be properly documented in Teamwork [see: clause 3.2].

Training materials. The Client agrees to provide the necessary training resources (such as video recordings, flowcharts, and comprehensive operating procedures) to aid in the knowledge transfer for and future reference of their Staff Member. Inadequate training may result in the Staff Member’s substandard performance, and as such MCC is not obligated to grant the Client an early release from this Agreement.

3.2. Managing the Crew. The Client agrees to use Teamwork as the primary software for project and staff management within MCC. This software is the foundation of successful deployment of the Staff Member’s role within the Client’s organization, and is critical in providing MCC visibility around the performance of the Staff Member. The Client may opt to have their Staff Member use supplementary collaboration software, but Teamwork takes precedence at all times.

Assumption of Client’s product or service knowledge (for Individual Staffing & Team Staffing only). The Client acknowledges that MCC provides only support or junior roles; it is therefore assumed that the Client has the required knowledge in the specific area in which the Staff Member has been hired. (For example, if the Client has hired a marketing Staff Member, it is assumed that the Client has knowledge in the field of marketing and the Staff Member is merely executing tasks formulated by the Client.)

3.3. Ongoing management of the Crew. MCC recommends, and in some circumstances may formally require, that the Client commits adequate time of their own (based on best-practice research, up to 5 hours weekly) in quality assessment, progress updates and/or supplementary training with their Staff Member. Alternatively, the Client may opt to lease one of the MCC management staff to carry out this function for X number of hours per week.

4.3. Payment method. Payments are auto-debited from the Client’s nominated credit/debit card or bank account as per the payment method used when signing up to a Service. By agreeing to these Terms, the Client authorizes MCC to debit the Client’s nominated payment method or account on the first (1st) of every month, for the life of this Agreement and at any stage after the conclusion of this Agreement in order to recover any outstanding monies owed by the Client.

The Client also authorizes MCC to charge the Client’s secondary payment method should the initial payment fail. If a secondary payment method is not provided, the Client authorizes MCC to charge the primary payment method a security deposit equal to the amount of two (2) weeks’ service.

4. Payments

All amounts below are instated in the appropriate currency.

The Client agrees to ensure that adequate funds shall be made available to meet all of the Client’s contractual obligations as and when they fall due. The Service Fees that the Client pays are disbursed by MCC for the payment of the Crew’s salary (base compensation package + accrued 13th month salary + paid leave); private health insurance for qualified remote and in-office Crew); payment processing and international money transfer fees; enterprise email and audio/video collaboration software, project and task management software, and other mission-critical software; and account management time and resources.

The Service Fees do NOT include the payment for additional software required by the Client for their Crew; and account management and troubleshooting time beyond one (1) hour per month.

4.1. Amounts and billing frequency. The payment amounts and billing frequency (weekly, monthly or yearly) are selected by the Client when signing up for a Service.

4.2. Security deposit. A security deposit equivalent to one (1) month’s Service Fees is payable by the Client upon signing an Agreement that exceeds the equivalent of two (2) full-time Crew (360 billable hours per month).

4.3. Payment method. Payments are auto-debited from the Client’s nominated credit/debit card or bank account as per the payment method used when signing up to a Service. By agreeing to these Terms, the Client authorizes MCC to debit the Client’s nominated payment method or account on the first (1st) of every month, for the life of this Agreement and at any stage after the conclusion of this Agreement in order to recover any outstanding monies owed by the Client.

The Client also authorizes MCC to charge the Client’s secondary payment method should the initial payment fail. If a secondary payment method is not provided, the Client authorizes MCC to charge the primary payment method a security deposit equal to the amount of two (2) weeks’ service.

4.4 Failed or late payments. The Client agrees to ensure there are adequate funds in their nominated payment method(s) and that recurring payments are successfully made on the first day of each month. If a scheduled payment is unsuccessful, MCC reserves the right to pause the Client’s access to the Crew, and to temporarily reallocate the Client’s Staff Member to other MCC clientele. The Client also agrees to pay a 10% administrative fee for each billing period that a payment is delayed.

Once the late payment is settled, the Crew will resume working on the Client’s account and will fulfill the remaining number of contractual hours for the month, provided that there is a reasonable amount of time left to do so; otherwise the remaining hours will be made available to the Client in the form of overtime hours to be utilized at any stage within twelve (12) months thereafter.

The Crew receives their salary after the Client’s recurring payment is made. If a Client’s payment is late and results in a decline in their Crew’s performance, MCC is not in breach of this Agreement.

If a Staff Member resigns from MCC as a result of the Client’s failed or late payment(s), the Client agrees to pay the remainder of the contract term’s Service Fees within three (3) business days; but if the contract has reached its minimum term, the Client agrees to pay the equivalent of three (3) months’ Service Fees.

4.5. Exchange rate fluctuations. The Service Fees are based on the exchange rate between Philippine peso (PHP) and Australian dollar (AUD) on the date that the Client signs up for the Services. Should the exchange rate fluctuate more than 10% above the initial rate, MCC reserves the right to amend auto-payments and/or invoices to pass on the exchange rate discrepancy to the Client. MCC uses this currency converter to calculate accurate exchange rates.

4.6. Increase in Service Fees. MCC reserves the right to increase the Service Fees annually by 5% or by CPI, whichever is the higher of the two.

4.7. Debt collection. If overdue amounts are accrued by the Client, MCC reserves the right to send the overdue account to a third-party debt collection agency. All collection fees will be the responsibility of the Client. If payment in full of all outstanding invoices has not been received after three (3) months from the original due date, MCC reserved the right to record the outstanding debt against the Client’s personal credit rating, which will affect the Client’s ability to obtain credit and loans in the future.

5. Termination of This Agreement

The Client acknowledges that this is a co-terminus staffing agreement and that termination of this Agreement may likely result in the termination of their Staff Member’s employment with MCC.

This Agreement may be cancelled prior to the end of its minimum contract term, either as a result of the Staff Member’s persistently poor performance despite repeated performance warnings; or upon payment by the Client of an exit fee.

The Exit Fee includes:
a) Any unpaid wages
b) Any unused leave
c) Prorated 13th month pay

5.1. Grounds for termination of your Individual Staffing Agreement. The Client may prematurely end this Agreement after three (3) performance warnings to their Staff Member have been documented by the Client through this form, at least seven (7) days apart, and with adequate evidence provided by the Client of pre-established performance metrics not having been met by the Staff Member. The Client agrees to evaluate the performance of their MCC Staff Member with the same standard that the Client would evaluate any of their in-house or onshore staff.

5.2. Minimum cancellation period. A cancellation of Agreement initiated by the Client that is finalized prior to the fifteenth (15th) day of the current month will result in the Agreement ending on the final day of the same month. Cancellations finalized after the fifteenth (15th) day of the current month will result in the Agreement ending on the final day of the following month.

5.3. Method of termination. The Client must provide a formal notice of termination to MCC management via e-mail, as well as complete the Staff Termination form. The Client agrees to part ways with their Staff Member (whether through firing, retrenchment or the natural end of the minimum contract term) via video conference, with the MCC Account Manager present if the Client so desires.

5.4. Payables and discount clawback. Upon cancellation of this Agreement, the Client subsequently agrees to immediately settle any payables by automatic payment from the Client’s nominated account; including but not limited to the remainder of the initial onboarding fee and any discount previously given based on contract length.

5.5. Effect of termination. Upon termination of this Agreement, all rights granted to the Client will terminate and revert to MCC as applicable. Upon expiration or termination of this Agreement, all monies due to MCC under this Agreement shall become payable immediately to MCC.

5.6. Rights to survive termination. Termination of this Agreement shall not release either party from any liability or right of action which at the time of expiry or termination has already accrued to either party or which may thereafter accrue in respect of any act or omission prior to such expiry or termination. Such rights shall include but not be limited to the recovery of any monies due under this Agreement.

6. Resignation of Staff Members

All Staff Members are required to provide thirty (30) days’ notice of resignation from their position. MCC will promptly inform the Client once their Staff Member submits an intent to resign, and MCC will immediately begin the recruitment process for a suitable replacement. All onboarding and training hours for the replacement Staff Member will be waived by MCC.

Filipino work culture requires a far less direct, far more passive management style. In some cases, Filipino staff may resign from their position without due notice, primarily to avoid any ongoing conflict or stress. The Client acknowledges that the cost of recruiting and training MCC staff is considerable; therefore, should the Client’s Staff Member resign without notice as a result of the Client’s conduct, MCC is neither in breach of this Agreement, nor is MCC obliged to refund any upfront payments made by the Client. Any upfront payments made by the Client will, however, be credited towards the ongoing contract that will resume once MCC has recruited a replacement Staff Member.

The Client agrees to allow seven (7) working days for MCC to find a replacement Staff Member. If MCC cannot find a replacement within ten (10) working days, any additional days that the Client paid for upfront will be refunded to the Client.

7. Staff Solicitation

The Client agrees that soliciting the services of any individual employed by MCC (whether as an individual contractor or regular employee, whether currently employed by MCC or previously employed by MCC twenty-four [24] months prior), is a breach of this Agreement, and the Client subsequently authorizes MCC to charge the Client’s nominated payment method a fee equivalent to twelve (12) months of the Staff Member’s salary. If such payment is not forthcoming within seven (7) days of the Client being formally presented with evidence of the said breach, the Client agrees to pay interest at 10% per month until the full payment has been received by MCC. The Client also agrees to absorb any collection or legal fees associated with the enforcement of this clause.

8. Privacy Policy

In addition to reviewing this Agreement, the Client agrees to review the MCC Privacy Policy in order to appreciate and better understand MCC’s commitment to protecting the Client’s proprietary information, and MCC’s use and disclosure of such.

MCC recognizes its obligations under American Privacy Law and the Privacy Act 1974 and associated federal and state legislation to the Client, and assures its adherence to such legislation during performance of the Services. By agreeing to the terms in this Agreement, the Client is also agreeing to the terms of MCC’s Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable.

9. Confidentiality

Both MCC and the Client agree to keep confidential information confidential and not disclose it to any person except with the explicit consent of the disclosing party, or if required to do so by law. This obligation extends beyond the duration of this Agreement and does not merge upon cancellation of this Agreement. MCC and the Client mutually agree that they will not execute or permit any act that might, in any way, impair the goodwill or rights that the other party has in relation to its trademarks and/or intellectual property, or which might otherwise prejudice or damage the reputation of either party, its trademarks or its intellectual property.

MCC recognizes that all intellectual property including the trademarks or other trademarks, registered designs, patents and copyright belonging to the Client remain the property of the Client and, if required, MCC is granted a limited license in such intellectual property to allow it to carry out its obligations under this Agreement. For the avoidance of doubt, MCC shall have the right to reference its relationship to the Client, including all authorized testimonials, in its public outreach efforts.

MCC shall have no ownership rights to the Client’s intellectual property or any improvements to the intellectual property, including but not limited to any modifications, enhancements, or derivatives of the intellectual property developed and/or arising after the date hereof beyond the rights provided to MCC under this clause.