TERMS OF ENGAGEMENT FOR FIX FORWARD

This document sets out the terms and conditions upon which Fix Forward, a private company registered in terms of the laws of the Republic of South Africa (“Fix Forward”) has agreed to provide tradesmen recommendation services to you, as the Client. By clicking “accept” you indicate your acceptance of the terms of engagement listed below.

1. INTRODUCTION

   1. Fix Forward is an agency representing a network of skilled tradesmen, comprising of tilers, painters and various other construction-related trades, from communities in South Africa (“the Tradesmen”).

2. THE SERVICES

   1. Fix Forward will provide the Client with following services:
      1. Fix Forward will receive and consider a request by the Client for a renovation, improvement or refurbishment (“the Job”).
      2. Fix Forward will appoint a suitably skilled tradesman, or selection of tradesmen, to perform the Job.
      3. Fix Forward will provide a quote on behalf of the Tradesman for the Job requested by the Client;
      4. On acceptance of the quote by the Client, the Tradesman will take over communication with the Client
      5. Fix Forward will assist in monitoring the relationship between the Client and Tradesmen to help ensure the Job is completed adequately.
      6. Fix Forward will assist with mediation and amicable resolution of any dispute between the Client and Tradesmen, should one arise.
      7. Should the tradesmen refuse to rectify a reasonable complaint by the Client, then Fix Forward will supply and an alternative tradesman to complete the work.
      8. The reasonable cost of rectifying the work shall be borne by Fix Forward.
   2. In the course of rendering the Services Fix Forward shall:
      1. act as an agent for the Tradesmen and not personally undertake the Job. The Job shall be rendered by the Tradesmen at such time and place and in such manner as shall be negotiated between the Client and the Tradesmen
      2. carry out the Services with the due professional care, diligence and skill expected of a reasonable person and in good faith.
   3. PAYMENT
      1. Fix Forward shall not charge the Client a fee for the Services.
      2. Fix Forward shall invoice the Client on behalf of the Tradesman, should the client request it.
      3. Payment shall be made by the Client to Fix Forward according the payment schedule agreed upon by the Client and the Tradesman.
   4. CANCELLATION
      1. Any cancellation of the Job shall be dealt with as per any terms and conditions agreed to between the Client and the Tradesmen.
   5. RELATIONSHIP WITH TRADESMEN
      1. The Tradesmen are not employees of Fix Forward, nor do they enter into any form of employment relationship with Fix Forward and or with the Client.
      2. The Tradesmen are independent services providers, acting entirely independently of Fix Forward and the Client.
   6. LIABILITY AND INDEMNIFICATION
      1. The Client hereby indemnifies and holds Fix Forward and each of its trustees, employees and agents harmless against any and all liabilities, loss, harm, actions, proceedings, claims, costs, demands or expenses (including reasonable legal fees) incurred in anyway relating to the performance of the Services or the Job.
      2. The Client specifically indemnifies Fix Forward from and against any loss, damage or claim arising from any personal injury suffered by any person during the course of the Tradesmen performing the Job.
      3. Fix Forward does its best to ensure the Tradesmen are suitably skilled, but does not make any representations regarding the qualifications and or training of the Tradesmen.
      4. The Client agrees to hold harmless and indemnify Fix Forward against any losses, expenses or claims by any third party arising as a result of the Fix Forward’s provision of the Services, or the performing of the Job by the Tradesmen.
   7. FORCE MAJEURE
      1. It is agreed that Fix Forward shall not be liable for delay or failure to perform any obligations contained herein if such delay is due to acts of god, fire, earthquake, labour, dispute, war, martial law, government order, riot, revolution, outbreak of epidemic diseases or any other cause (besides bad weather) beyond the reasonable control of the parties.
   8. DISPUTE RESOLUTION
      1. Should any dispute, disagreement or claim arise between the Tradesmen and the Client, Fix Forward shall attempt to mediate the dispute, as provided for in clause 2.1.4.
      2. Should any dispute, disagreement or claim arise between Fix Forward and the Client concerning the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
      3. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion on their behalf.
      4. The parties both agree that in no circumstance will either party publicize the dispute on any social media platform. The parties understand that a publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim.
   9. GENERAL
      1. Survival of Rights, Duties and Obligations: Termination of this agreement for any cause whatsoever shall not release either party from any liability which at the time of termination has already accrued to the other or which thereafter may accrue in respect of any act or omission prior to such termination.
      2. Variation of this Agreement: No alteration, consensual cancellation, variation of, or addition to this agreement shall be of any force or effect unless reduced to writing and signed by both parties.
      3. Governing law: This agreement shall be governed by and interpreted in accordance with the law of the Republic of South Africa. All disputes, actions and other matters in connection with this agreement shall be determined in accordance with such law.
      4. Cumulative Rights and Remedies: The rights and remedies of the parties under this agreement are cumulative and in addition to any rights and remedies provided by law.
   10. Warranty on Repair services
       1. Fix Forward in collaboration with the Tradesman warrants the Client that the renovations to the Clients premises and material supplied and installed during such services, to the Client shall be free from defects subject to the following:
       2. The warranty is effective for a period of three months. The date is determined from date of finalization of the renovation services;
       3. Fix Forward in collaboration with the Tradesman shall not be liable or responsible in any way for any damages of whatsoever nature, including consequential and penal damages, caused by or due to any failure of the renovation services to your premises, unless such damages can be attributed to any circumstances reasonably within the control of Fix Forward or the Trades man appointed.
       4. The warranty shall immediately be rendered null and void in the event of any of the following:
          Any alterations or modifications or addition made to the renovated premises, without the prior consent of Fix Forward;

          Failure to maintain renovated areas of the premises in accordance with the instructions and specifications of either Fix Forward or the tradesman;

          General misuse and abuse of the renovated areas of the premises by the Client;

          Any damage caused by fire, flood, civil disturbance or act of God;

          Any default that can be attributed to normal wear and tear of the material installed during the renovations to the Clients premises taking into regard the oldness of the parts and the use it was normally put to in the past. All refurbished or already used material will only be supplied at the clients own request;

          the alleged issues with the renovated part of the premises have not been inspected by the Tradesman together with Fix forward in order to evaluate/determine the reason for the failure of the renovations, before the Client requested its replacement, repair or refund;

          the Tradesman consultation with Fix Forward has subsequent to the aforementioned inspection not been provided with a reasonable opportunity to remedy the renovations .
   11. Delivery
       1. Whilst delivery times are given in good faith and Fix Forward in cooperation with the Tradesman will use every endeavour to comply therewith, no responsibility can be accepted for any loss or damage incurred by the Client on account of any delay in provision of the services arising out of any circumstances beyond neither Fix Forward nor the Tradesman’s control, which circumstances will include, but in no way be limited to:
          any delays in the supply of material by the Tradesman’s which cannot be directly or indirectly attributed to them;

          the Client/their employees’ instructions with regard to the specifications of the renovations to be undertaken is inaccurate. If the specifications supplied are incorrect/altered Fix Forward reserves their right to in consultation with the Tradesman alter the amount quoted accordingly;

          If the owners of the property doesn’t provide Fix Forward and/or the Tradesman with the necessary access to their premises in order to determine the necessary specifications of the work to be undertaken or to embark on the actual work;

          if the balance of the contract price payable on date of reservation is not paid on date that the renovations is to be initiated.
       2. Fix Forward in consultation with the Tradesman will communicate unavoidable delay in the delivery.