Definitions

1. Our contract

1.1. Fixington is neither a buyer nor provider of Provider Services offered for sale. We are neither a principal nor agent in a buying transaction.

1.2. Fixington is a marketplace. We are agents of a Provider only to the extent of use of Our Platform as a platform for sale of his Provider Service and for instructing collection of your money.

1.3. We welcome any comment or complaint about a Provider, which you make through Our Platform. We may act upon a complaint in our discretion, for the benefit of the body of Fixington users.

1.4. We are not responsible for supply of any Provider Service you order or for the cancellation and refund procedure should you decide to cancel and seek a refund for a Provider Service for any reason.

1.5. These terms and conditions regulate the business relationship between you and us. By using Our Platform free of charge, you agree to be bound by them.

1.6. We provide a market place for the supply of Provider Services. We are in no way responsible for:

1.6.1 your locating and ordering a Provider Service;

1.6.2 your choice of a Provider Service;

1.6.3 any aspect of the provision of the Provider Service;

1.6.4 refunding payment for any Provider Service;

1.6.5 any complaint about any Provider Service.

1.7. In any dispute with a Provider, you should deal only with the Provider. We have neither legal obligation nor detailed information about the Provider Services.

1.8. We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Platform at the time that the contract was made.

2. Your account and personal information

2.1. You may browse through Our Platform without creating an account. When you want to book a Provider, you will need to provide information including your name, physical address, email address and other contact details. You may create a Fixington account for yourself. You will not create an account for anyone other than yourself without the permission of that other person. You will not transfer your account to anyone without first getting our written permission.

2.2. When you visit Our Platform, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately on help@fixington.com if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

2.3. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.

2.4. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

2.5. If we disable your account you will not create another one without our permission.

2.6. We reserve the right to remove or reclaim a username if we believe appropriate (such as when a trade mark owner complains about a username, the same as or similar to its trade mark, which does not closely relate to a user’s actual name.

3. The buying procedure

3.1. We, Fixington, make Our Platform available to you free of charge. Fixington provides this website for you to find Providers but Fixington is not a Provider and does not provide Provider Services. Fixington is merely an intermediary between you and the Providers.

3.2. Unless it is clear to the contrary, you may assume that every sale is made by the Provider in the course of his business.

3.3. Our Provider’s prices listed on Our Platform are per hour. These prices exclude the cost of any parts or other consumable materials (“Materials” for short) required to provide the Provider Service. 

3.4. Once you have requested a booking and pre-authorised payment you will receive from us confirmation of your booking with the Provider. Alternatively we will notify you in the unlikely event that the Provider cannot accept your booking.

3.5. When you make a booking on Our Platform you are entering into a contract with the Provider.

3.6. When the Provider arrives at your address and sees the work required he will let you know if he estimates that the Provider Services require more or less time that the amount of time booked. He will also let you know the cost of any Materials which will be payable by you in addition to the cost of the time spent.

3.7. The Provider will permit you to cancel your booking, either via Our Platform or by telling the Provider in Person, at any time up to two hours before the scheduled arrival window without the obligation to make any payment.

3.8. The amount you will pay for the Provider Services will be the cost of the actual time the Provider spends providing the Provider Services, rounded up to the nearest half-hour (minimum of 1 hour), plus the cost of any Materials, or such other amount as you have agreed with the Provider.

3.9. After the Provider Services have been provided to you we will contact you to advise you of the amount due for payment which the Provider has notified to us. We will then request payment of that amount on behalf of the Provider from the account which you have authorised.

3.10. Prices listed on Our Platform by Providers are inclusive of any applicable VAT. VAT may be due and will be either included in the price or shown separately.

3.11. Neither we nor the Provider can be responsible for action by any governmental authority. We do not know and are not responsible for duties or taxes, delays or impounding of any item.

3.12. You are required to pay in pounds sterling.

3.13. Every sale will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.

3.14. To make future use of Our Platform easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a page which is in reality a page of our payment service provider. For detailed about disclosure of personal information please see our privacy policy.

3.15. If the Provider has purchased, at your request, particular Materials, these will be chargeable even if you cancel your order.

4. Security of your payment details

We take care to make Our Platform safe for you to use.

4.1. Payments are not processed through pages controlled by us. The Provider uses one or more online payment service providers who will encrypt your card or bank account or other payment details in a secure environment.

4.2. The Provider’s online payment service provider is responsible for processing payments or credits in connection with your use of Provider Services and for any personal information that it collects from you. Please read their terms and conditions and privacy policy as well as those of your credit or debit card issuer. We are not responsible for any errors by the online payment service provider. To find out more about how the online payment service provider, Stripe, stores and uses your personal information, please read their Privacy Policy (https://stripe.com/gb/terms)

4.3. If you have asked us to remember your credit payment details in readiness for your next purchase, the online payment service provider will securely store your payment details on its systems. These details will be fully encrypted and only used to process transactions which you have initiated.

5. Mobile network charges

5.1. Our Platform may require the use of data access and text messaging and may incur charges from your mobile network provider. You are responsible for all charges that your mobile network provider may apply.

6. Cancellation and refunds

This paragraph 6 is not contractually part of this agreement. These are statement of your rights if you are buying Provider Services as a consumer as defined under the Regulations and of the procedures with which all our Providers have been asked to comply. We have no responsibility if they fail to do so. We are not party to your contract with the Provider. Please refer any question about a Provider Service to the Provider.

6.1. As required by the Regulations, each Provider will give full information about his Provider Service.

6.2. You may cancel you may cancel your order at any time before the expiry of 14 days from the date you order a Provider Service. For that reason a Provider will not wish to provide that Provider Service until the 14 days period has expired.

6.3. If you want a Provider to supply a Provider Service before the 14 days period has elapsed, you must opt out of your right to cancel, you can do that only if you instruct the Provider to supply a Provider Service immediately and confirm that you understand that, by doing so, you will lose your right to cancel.

6.4. The Provider should give you your refund within 14 days of his receiving your cancellation notice.

6.5. If you do give up your right to cancel, and your Provider starts to give you the Provider Service, you can still cancel it absolutely any time. But in that case your Provider must refund your payment only to the extent that he has not incurred cost to that point.

6.6. Free Provider Services (if any) are not covered by the Regulations.

6.7. The Regulations do not remove other statutory rights you may have.

Please note that following sub-paragraphs apply to a Provider Service where the Provider’s business model only allows him to supply a Provider Service immediately.

6.8. Because most Provider Services offered for sale on Our Platform are offered to you in the expectation of immediate “supply” it will be essential for you to instruct a Provider to supply it immediately.

6.9. By confirming acceptance of these terms and conditions you therefore do instruct your Provider to supply the Provider Service immediately.

6.10. To comply with the Regulations our Providers may require you to instruct them to supply any Provider Service to you immediately. If you do this you will lose your right to cancel in the 14 day period.

6.11. By accepting any Provider’s terms and conditions, you will have to instruct him to supply Provider Service as soon as he is reasonably able and you understand that in doing so you lose your right to cancel.

7. How we handle your Content

7.1. If you Post Content to any public area of Our Platform it becomes available in the public domain. We have no control who sees it or what anyone does with it.

7.2. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.

7.3. We need the freedom to be able to publicise our service and your own use of it. You therefore now irrevocably grant us the non-exclusive, worldwide, perpetual right and licence free of charge to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Platform, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.

7.4. We will use that licence only for commercial purposes of the business of Our Platform and will stop using it after a commercially reasonable period of time.

7.5. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright, Designs and Patents Act 1988 s80.

7.6. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Platform, even though it may be defamatory or critical.

7.7. Posting content of any sort does not change your ownership of the copyright in it. We have no claim to own it and we will not protect your rights for you.

7.8. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or breach of any law, which may occur as a result of any Content having been Posted by you.

7.9. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

7.10. Please notify us of any security breach or unauthorised use of your account.

7.11. We do not solicit ideas or text for improvement of our service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph 8.4 above.

8. Restrictions on what you may Post to Our Platform

8.1. We invite you to Post Content to Our Platform in several ways and for different purposes. We have to regulate your use of Our Platform to protect our business and our staff, to protect other Users of Our Platform and to comply with the law. These provisions apply to all Users of Our Platform.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

8.2. You agree that you will not use or allow anyone else to use Our Platform to Post Content or undertake any activity which is or may:

8.2.1 be unlawful, or tend to incite another person to commit a crime;

8.2.2 consist in commercial audio, video or music files;

8.2.3 be obscene, offensive, threatening, violent, malicious or defamatory;

8.2.4 be sexually explicit or pornographic;

8.2.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

8.2.6 solicit responses unconnected with the purpose of Our Platform or the terms proposed by this agreement;

8.2.7 consist of requesting or collecting passwords or other personal information from another user without his permission, or Posting any unnecessary personal information about yourself;

8.2.8 be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;

8.2.9 include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate and photographs of completed Provider Services;

8.2.10 facilitate the provision of unauthorised copies of another person’s copyright work;

8.2.11 link to any of the material specified in this sub-paragraph 9.3;

8.2.12 use distribution lists that include people who have not given specific permission to be included in such distribution process;

8.2.13 send age-inappropriate communications or Content to anyone under the age of 18.

9. Your Posting: restricted content

9.1. In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

9.2. In addition to the restrictions set out above, a Posting must not contain:

9.2.1 hyperlinks, other than those specifically authorised by us;

9.2.2 keywords or words repeated, which are irrelevant to the Content Posted;

9.2.3 the name, logo or trade mark of any organisation other than yours;

9.2.4 inaccurate, false, or misleading information.

10. Removal of offensive Content

10.1. For the avoidance of doubt, this paragraph 10 is addressed to any person who visits Our Platform for any purpose.

10.2. We are under no obligation to monitor or record the activity of any User of Our Platform for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

10.3. If you are offended by any Content, the following procedure applies:

10.4. Your claim or complaint must be submitted to us in detail by post to the address at the beginning of this agreement or email to customers@fixington.com.

10.5. we shall remove the offending Content as soon as we are reasonably able;

10.6. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

10.7. we may re-instate the Content about which you have complained or we may not.

10.8. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

10.9. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

11. Responding to authorities

Where applicable laws require, we will respond to legitimate requests by authorities or court orders to disclose information. In serious instances of abuse we may also notify the police or relevant law enforcement agency.

12. Security of Our Platform

12.1. If you violate Our Platform we shall take legal action against you.

12.2. You now agree that you will not, and will not allow any other person to:

12.2.1 modify, copy, or cause damage or unintended effect to any portion of Our Platform, or any software used within it;

12.2.2 link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a User who accessed the site by typing the URL into a standard browser;

12.2.3 download any part of Our Platform, without our express written consent;

12.2.4 collect or use any product listings, descriptions, or prices;

12.2.5 collect or use any information obtained from or about Our Platform or the Content except as intended by this agreement; or

12.2.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Platform, other than as permitted by this agreement or as is reasonably necessary for your use of the Provider Services.

12.3. Despite the above terms, we now grant a licence to you to:

12.3.1 create a hyperlink to Our Platform for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent; and

12.3.2 copy the text of any page and download the Fixington app for your personal use in connection with the purpose of Our Platform or a Provider Service.

13. Storage of Data

13.1. We assume no responsibility for the deletion or failure to store, deliver or timely deliver messages.

13.2. We may, from time to time and without notice, set limit(s) on the number of messages you may send, store, or receive through the service, and we retain the right to delete any emails above such limit(s) without any liability whatsoever, and you hereby release us from any such liability. Any notice provided by us to you in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).

14. Termination

14.1. You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post to the address at the beginning of this agreement or email to customers@fixington.com. We reserve the right to check the validity of any notice from you to terminate this agreement.

14.2. We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.

14.3. If you terminate, we shall not be liable to you whatsoever, and you hereby release us from any such liability.

14.4. Termination by either party shall have the following effects:

14.4.1 your right to use the Our Platform immediately ceases;

13.4.2 and we will collect payment from you for any Provider Services which have been provided but not paid for.

15. Copyright and other intellectual property rights

15.1. All Content on Our Platform, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of Provider Services for sale. It is all protected by international copyright laws.

15.2. You may not copy, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

16. Interruption to Our Platform

16.1. We give no warranty that our service will be satisfactory to you.

16.2. We will do all we can to maintain access to Our Platform, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other reason. We may do so without telling you first.

16.3. You acknowledge that our service may also be interrupted for reasons beyond our control.

16.4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to availability on Our Platform.

17. Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:

17.1. the breach or violation of this agreement by you;

17.2. the infringement by you, or by any other User using your computer, of any intellectual property or other right of any person or entity;

17.3. your failure to comply with any law;

17.4. a contractual claim arising from your use of our service and purchase of Provider Service.

18. Disclaimers about Fixington

18.1. Your use of Our Platform is without any warranty or guarantee.

18.2. Where we provide a service without specific charge, then it is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of any such service.

18.3. We or our Content suppliers may make improvements or changes to the website, the Content, or to any of the services described on the website, at any time and without notice to you.

18.4. You are advised that Content may include technical inaccuracies or typographical errors.

18.5. Our Platform may contains links to other websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

18.6. We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action based upon contract, negligence or otherwise, arising out of or in connection with your use of Our Platform.

18.7. Our Platform is provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that it will be:

18.7.1 of satisfactory quality;

18.7.2 fit for a particular purpose;

18.7.3 available or accessible, without interruption, or without error.

18.8. Our total liability to you for loss or damage of any kind, including for breach of contract, tort (including negligence) or otherwise with respect to our service, is limited to £100.

18.9. However, nothing in this agreement shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraud.

19. Disclaimers about Fixington

19.1. All of the Content on Our Platform relating to any Provider Service has been provided by a Provider, other than the applicable price per hour for the Provider’s Services. We do not accept responsibility for the accuracy of any other claim or advertisement.

19.2. We make no representation, warranty or other provision with regard to the Provider Services and you acknowledge that you do not rely on any made by us, but solely on your contract with a Provider.

19.3. So far as concerns Provider Services you purchase through Our Platform, we are not liable for:

19.3.1 any Provider Service complying with the requirement of any law or being available;

19.3.2 the Provider performing his contract.

19.4. We give no warranty, representation or undertaking whatever as to the continuing business of a Provider or that any Provider Service offered for sale by a Provider will be useful or suitable for you.

19.5. We and the Provider can take any action that may reasonably be required from time to time, to protect his interests and ours in connection with a breach or possible breach of the Regulations.

19.6. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Provider.

20. Miscellaneous matters

20.1. If any term or provision of this agreement is at any time held to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the law and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

20.2. For the purposes of the Data Protection Act 1998 you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the world.

20.3. If you are in breach of any term of this agreement, we may:

20.3.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.

20.3.2 terminate your account and refuse access to Our Platform;

20.3.3 remove or edit Content, or cancel any order at our discretion;

20.3.4 issue a claim in any court.

20.4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

20.5. No failure or delay by us to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

20.6. When you visit Our Platform or send messages to us by email, you are communicating with us electronically. We will normally communicate with you by e-mail or by posting notices on Our Platform. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.

20.7. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

20.8. It shall be deemed to have been delivered:

20.8.1 if delivered by hand: on the day of delivery;

20.8.2 if sent by post to the correct address: on the 3rd day after the day of posting;

20.8.3 If sent by e-mail to the address from which the receiving party has last sent e-mail: 24 hours later if no notice of non-receipt has been received by the sender.

20.9. In the event of a dispute between us, then, if we so ask you, you undertake to attempt to settle the dispute by engaging in good faith with each other in a process of mediation before commencing litigation.

20.10. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.

20.11. We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control.

20.12. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

20.13. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

20.14. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).