Terms and conditions applicable to a seller of services using Fixington
Welcome to Fixington. Fixington enables customers to find you and make a confirmed booking with you online. Fixington takes care of your marketing and scheduling and provides payment support, so you are relaxed and cheerful and able to focus on fixing your customer’s house.
These terms and conditions are the contract between you and Fixington (“us”, “we”, etc). By visiting or using Our Platform, you agree to be bound by them.
Fixington is a trade name of Fixington Limited, company number 08351515 incorporated in England, whose registered office is at 2nd Floor Waverley House, 7-12 Noel Street, London, United Kingdom, W1F 8GQ.
|“Content”||means the textual, visual or audio content that is encountered as part of your experience on Our Platform. It may include, among other things: text, images, sounds, videos and animations. It includes content such as advertising material, and all other product or service related material Posted by you.|
|“Fixington”||means us. It also means the marketplace we operate and the business of operating it.|
|“Our Platform”||means any website or mobile application of ours, and includes all web pages and application pages controlled by us.|
|“Our Service”||means the service we provide to enable you to sell Provider Services on Our Platform.|
|“Payment Processor”||Means Stripe Payments Europe Limited and any other payment processor nominated by us to enable you to accept credit and debit card payments online from your customers.|
|“Post”||means place on or into Our Platform any Content or material of any sort by any means.|
|“Provider”||means you, a person or organisation who offers services for sale, through Our Platform.|
|“Provider Service” and “Your Service”||mean the service you offer for sale through Our Platform.|
|“Regulations”||The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.|
2. Our contract
2.1 The relationship between us is solely that:
2.1.1 in consideration of a service fee charged by us, we provide for you an Internet market place as an arm’s length contractor;
2.1.2 we act as your agent solely in the marketing of your service, collection of information from your customers, the providing of hourly rates for your proposed bookings with your customers and instructing the Payment Processor to collect payment;
2.1.3 we are not your partners or joint venturers.
2.2 If you use Our Platform, you do so subject to these terms.
2.3 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.
2.4 Although we are not a party to your contract with a customer introduced to you via Our Platform, we shall remove Your Services from Our Platform if a customer or site visitor has a valid complaint against you or if we decide, in our sole discretion, that you have failed to meet our standards as notified to you.
2.5 Subject to this agreement and to the procedures set out in Our Platform, you may place a Provider Service for sale through Our Platform.
3. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
3.1 You authorise us to take any action that may reasonably be required from time to time, to protect your interests and ours in connection with a breach or possible breach of the Regulations.
3.2 Because we are not your agents except to market your service, collect information from your customers, provide hourly rates for your proposed bookings with your customers and instruct the Payment Processor to collect payment, all your obligations under the Regulations must be fulfilled by you, except that we will provide the hourly rate to apply to Your Service. That means the information you provide to us by entry or upload into Our Platform must be clear, sufficient and complete, to comply with the Regulations.
3.3 On Our Platform, we will provide a route for your customer to allow your customer to communicate with you. That will include options relating to supply and cancellation of his order.
3.4 We will also provide regulatory information relating to commencement and cancellation. We expect you to comply with those terms unless Your Services, or your business model, require different terms. The terms on Our Platform will be communicated only as information to the customer and not as contract terms.
3.5 Because every reference to Provider Service of yours, made by you or by us, may be treated by a consumer as contractual, you agree:
3.5.1 to make clear any contractual term in content you place on Our Platform, which may be different from any term on Our Platform; and
3.5.2 that no content in your terms and conditions will contradict content you place on Our Platform.
4. Your Provider Service account
4.1 To use Our Service you will create a Provider account on Our Platform. You will not transfer your account to anyone without first getting our written permission.
4.2 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 [email protected] 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.
4.3 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.
4.4 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.
4.5 If we disable your account you will not create another one without our permission.
4.6 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.
4.7 You agree:
4.7.1 to keep your availability up-to-date using the smart telephone app element of Our Platform or other means provided by us;
4.7.2 not knowingly to place any Provider Service for sale which you cannot provide with reasonable skill and care or which incorporates materials which are not of satisfactory quality or which requires for its setup or use a level of technical expertise which is not fully explained to a customer before purchase;
4.7.3 immediately to remove from sale on Our Platform any Provider Service which for any reason, you are unable to supply; and
4.7.4 not to re-place any Provider Service we remove from Our Platform.
5. Complaints about Provider Services
You agree that you will at all times:
5.1 reply promptly to any customer message or other correspondence;
5.2 comply with the law relating to all aspects of the contract between you and your customer, relating in particular to your obligations to provide full information and accept cancellation and returns. However, you may also offer more favourable terms to your customers as per your own returns and refunds policy set out in your terms and conditions;
5.3 when you have an obligation to return money to a customer for any reason, you will do so immediately in line with the cancellation and refunds policy set out on Our Platform;
5.4 comply with the Fixington procedures relating to satisfaction of an order, as set out on Our Platform from time to time;
5.5 provide information to us in respect of any claim for non-supply and any dispute as to payment, so as to enable us to identify the possibility of fraud.
6. The selling procedure
6.1 Fixington is not responsible for the fulfilment of your contract to sell a Provider Service.
6.2 As part of our service to you we will use Our Platform to provide you with an hourly rate for the proposed provision of Your Services. Your contract with a customer through Our Platform is made when you accept the order or commence Your Service. Until that time, the customer’s action is an “invitation to treat”. We have arranged our terms with customers in that way so as to give you the opportunity to decline a customer if you have a good reason and to provide the full information required by the Regulations. You agree not to decline customers without good reason. A failure to keep your availability up-to-date in the diary on your account is not a good reason.
6.3 When you arrive with your customer and see the work required you will let your customer know if you estimate that the Services require more or less time that the amount of time booked. You will also let your Customer know the cost of any Materials which will be payable in addition to the cost of the time spent.
6.4 Your customer can cancel their booking, either via or Platform or by telling you in Person, at any time before you start work without the obligation to make any payment.
6.5 The amount your customer will pay for the Services will be the cost of the actual time you spend providing the Services, rounded up to the nearest half hour plus the cost of any Materials.
6.6 After the Services have been provided to your customer you will contact us to advise us of the amount due for payment. We will then request that the Payment Processor collect payment of that amount on your behalf from the account which your customer has pre-authorised.
6.7 Provider Services are offered for sale at a fixed price per hour. If VAT is due it must be either included in the price or shown separately. If not shown, it will not be charged.
6.8 Provider Services will be offered for sale and sales made, subject to the terms and conditions applicable to customers. You accept and endorse these terms and agree to comply in all respects with the corresponding obligations of a Provider. You may view the customers’ conditions on Our Platform at any time.
7. Value added tax
7.1 Unless explicitly stated otherwise, our service fees specified in Our Platform are exclusive of VAT.
7.2 Fixington has the right to demand additional information about your business so far as it may affect your VAT registration, at any time, from you or from a governmental authority.
8. Our service fee and payment to you
8.1 Our service fees for Our Services are as set out on Our Platform.
8.2 Where our service fee is based on a proportion of the sale price, you may not apply any other charge and reduce the price of the Provider Service in order to reduce our service fee. If we believe that you do so, we may immediately cease to deal with you.
8.3 We will send you an invoice for our charges.
8.4 You will set up an account with the Payment Processor and provide to the Payment Processor such information and documents and take such actions as it requires in order to maintain the account and process payments in accordance with this agreement.
8.5 You will comply with the terms of service of the Payment Processor including without limitation as to the payment of charges to the Payment Processor.
8.6 You agree to instruct the Payment Processor to deduct and pay to us our service fees from the sums collected from your customers and to make payment to you of the remainder in accordance with the Payment Processor’s terms and conditions.
8.7 If a customer fails to pay for any reason we shall not be obliged to take any further action.
8.8 If an action by a customer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time.
8.9 If you or we accept any cancellation and consequently refund money to a customer, we are not obliged to repay any service fee to you.
9. Your Provider Service warranties
9.1 You warrant and represent that once a customer has found you through Fixington, you will not carry out work for that customer unless it is booked through Fixington.
9.2 You warrant and represent that Your Services will be provided by you and will not be sub-contracted to or otherwise provided by anyone else.
9.3 You warrant and represent that you will maintain adequate insurance for the provision of the Provider Services.
10. How we handle your Content
10.1 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.
10.2 You now irrevocably authorise us to publish feedback, comments and ratings about Your Services and activity through Our Platform, even though it may be defamatory or critical.
10.3 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.
10.4 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.
10.5 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
10.6 You will obtain the explicit consent of your customers before Posting any Content which relates to your customers such as photographs of work done for them or comments they have made about your work.
10.7 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
10.8 Please notify us of any security breach or unauthorised use of your account.
11. Restrictions on what you may Post to Our Platform
11.1 We may invite you to Post Content to Our Platform for marketing your services and in other ways. 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.
11.2 We do not undertake to moderate or check any item Posted.
11.3 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:
11.3.1 be unlawful, or tend to incite another person to commit a crime;
11.3.2 be obscene, offensive, threatening, violent, malicious or defamatory;
11.3.3 be sexually explicit or pornographic;
11.3.4 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person; or
11.3.5 solicit responses unconnected with the purpose of Our Platform or the terms proposed by this agreement.
12. Your Posting: restricted Content
12.1 In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
12.2 In addition to the restrictions set out above, a Posting must not contain:
12.2.1 hyperlinks, other than those specifically authorised by us;
12.2.2 keywords or words repeated, which are irrelevant to the Content Posted;
12.2.3 the name, logo or trade mark of any organisation other than yours;
12.2.4 inaccurate, false, or misleading information; or
12.2.5 material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.
13. Security of Our Platform
13.1 If you violate Our Platform we shall take legal action against you.
13.2 You now agree that you will not, and will not allow any other person to:
13.2.1 modify, copy, or cause damage or unintended effect to any portion of Our Platform, or any software used within it;
13.2.2 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;
13.2.3 download any part of Our Platform other than as oermitted by this agreement or as is reasonably necessary for your use of Our Services, without our express written consent;
13.2.4 collect or use any service listings, descriptions, or prices;
13.2.5 collect or use any information obtained from or about Our Platform or the Content except as intended by this agreement; or
13.2.6 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 Our Services.
14. Copyright and other intellectual property rights
14.1 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 services for sale. It is all protected by international copyright laws.
14.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement or with our written consent.
14.3 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.
15. Interruption to Our Platform
15.1 We give no warranty that Our Service will be satisfactory to you.
15.2 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 good reasons. We may do so without telling you first.
15.3 You acknowledge that Our Service may also be interrupted for reasons beyond our control.
15.4 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.
16. Our disclaimers
16.1 We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any special, indirect or consequential loss whatever.
16.2 Our Platform contains links to other Internet 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.
16.3 The Payment Processor is independent of Fixington. In setting up an account with the Payment Processor you are entering into a contractual relationship with a third party and all the rights and obligations arising from it are between you and the Payment Processor. Fixington has no responsibility for any aspect of this relationship.
16.4 We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Platform or Our Services.
16.5 Our Platform and Our Services are provided “as is”. As to Our Platform and Our Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties as to
16.5.1 satisfactory quality;
16.5.2 fitness of Our Platform and Our Service for a particular purpose; or
16.5.3 availability and accessibility, without interruption, or without error.
16.6 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 Platform and Our Services, is limited to the total amount payable by you to us in service fees in the preceding 12 month period.
16.7 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 customer.
16.8 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.
17. Your indemnity to us
You agree to indemnify us against all loss and expense, including legal fees and management time related in any way to:
17.1 a claim by any person in respect of any Provider Service;
17.2 protecting the reputation of our business by our making a payment to a customer of yours in circumstances where you have failed to make that repayment or otherwise comply with your contract with that customer;
17.3 any cost to us arising from a decision by us to comply as your agent, with any obligation of yours, whether or not we have your permission, arising out of any regulation or law, including:
17.3.1 the deletion or amendment of any text or other content you have placed on Our Platform; or
17.3.2 any payment we make on an ex gratia basis, arising from a contract between you and a customer;
17.3.3 legal or other fees we incur in defending a claim or the imposition of a fine or penalty; and
17.3.4 our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law.
18.1 You will be an independent contractor and nothing in this agreement shall render you an employee, worker, agent or partner of Fixington and you shall not hold yourself out as such.
18.2 You shall be fully responsible for and indemnify us against any liability, assessment or claim for:
18.2.1 taxation (other than taxation on our income) whatsoever arising from or made in connection with the performance of the Provider Services, where such recovery is not prohibited by law; and
18.2.2 any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by you or any substitute against us arising out of or in connection with the provision of the Services.
18.3 We may satisfy such indemnity (in whole or in part) by way of deduction from any payment due to you.
19. Miscellaneous matters
19.1 You undertake to provide us your current land address, e-mail address, and telephone numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this agreement.
19.2 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.
19.3 For the purposes of the Data Protection Act 1998 you agree 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.
19.4 If you are in breach of any term of this agreement, we may:
19.4.1 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;
19.4.2 terminate your account and refuse access to Our Platform;
19.4.3 if we think in our sole discretion that the breach may affect the willingness of your customers with unfulfilled bookings booked through Fixington to have you provide Your Service, notify such customers of the breach;
19.4.4 remove or edit Content, or cancel any order at our discretion; and
19.4.5 issue a claim in any court.
19.5 You may terminate this agreement at any time by giving us notice by email to [email protected]. The termination will have immediate effect except that you agree to complete any Provider Services which you have accepted before the date of termination.
19.6 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
19.7 No failure or delay by any party 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.
19.8 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.
19.9 Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
19.10 It shall be deemed to have been delivered:
19.10.1 if delivered by hand: on the day of delivery;
19.10.2 if sent by post to the correct address: on the 3rd day after the day of posting;
19.10.3 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.
19.11 In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing litigation.
19.12 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.
19.13 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.
19.14 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.
19.15 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.
19.16 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).