Terms And Conditions

Fix Forward Terms And Conditions Of Use And Service

 

By accessing or using https://fixforward.com/ or any of its related blogs, websites or platforms (collectively, “the Website”), owned by Fix Forward (Pty) Ltd. (reg: 2015 / 428600 / 07) (“Fix Forward”), a private limited liability company registered and operating in accordance with the laws of South Africa, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (the “Terms”). All rights in and to the content of the Website remain at all times expressly reserved by Fix Forward.

 

Please see Fix Forward’s distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.

 

Please pay specific attention to the BOLD paragraphs of the Fix Forward Terms. These paragraphs limit the risk or liability of Fix Forward, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify Fix Forward or is an acknowledgement of any fact by you.

 

Please read these terms carefully before accessing or using the Website and/or Services. Fix Forward will assume you have read and understood these terms should you continue to access or make use of the Website and/or Services.

 

It is important to note the following:

 

  • The terms “user“, “you” and “your” are used interchangeably in these Terms and refer to all persons accessing the Website or Fix Forward Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Fix Forward or its possession.
  • Not all terms are necessarily defined in order.
  • These terms were last updated on 10 May 2019.
  • If you would like to become a Contractor on the Website, you will also need to complete, and adhere to, the Contractor’s Agreement with Fix Forward and complete the relevant steps prompted on the Website.

 

1. Introduction To The Website And Services

 

  1. Fix Forward provides an online platform which, amongst other services, allows users to register as an independent contractor and service vendor (“Contractor”) and provide their independent services (“Contractor Services”) to other users who register as Contractor Service users (“Client/s”). The Client can make use of the Contractor’s Services via a private transaction between them, facilitated by the Website as the intermediary to both parties.
  2. These Terms explain the conditions applicable to all users, Contractors and Clients using the Website and/or the Fix Forward Services. Registered Contractors will also need to complete the Contractor’s Agreement when making their Contractor Services available on the Website.
  3. In order to use many of the Fix Forward Services and/or become a Contractor or Client, users must register on the Website using the prompted methods, and submit any required information to create a “Profile” – more information about this below.
  4. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Fix Forward uploading the amended Terms to the Website. Your continued access or use of the Website and/or Fix Forward Services constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
  5. Supplemental terms may apply to certain Fix Forward Services, such as policies for a particular activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Fix Forward Services. Supplemental terms are in addition to, and shall be deemed incorporated into the Terms for the purpose of the Fix Forward Services.
  6. Unauthorised use of the Website or a breach of these Terms by a user may give rise to a claim for damages against the infringing party and/or be a criminal offence.

 

2. Relationship Between The Parties And Intermediary Mandate

  • Fix Forward provides online marketplace platform services and is not an employer, labour broker nor employment or other adviser. All tools and/or functionalities provided on the Website or as part of the Fix Forward services are for information purposes only, where any formal engagement between users facilitated by the Website is between them privately, and for which Fix Forward holds no responsibility.
  • All users understand and expressly agree that a Contractor is at all times an independent contractor, and is not an employee of Fix Forward’s in any regard. As such, all Contractor Service related issues or features are exclusively the liability of the Contractor, and not of Fix Forward. The Contractor is always responsible and liable for any and all of their Contractor Services performed.
    • If a Contractor is engaged by a Client in a formal relationship subsequent to their use of the Website and Fix Forward Services, these parties do so entirely at their own risk and via private arrangement.
  • Users understand that they or other users may be from jurisdictions which may require regulation of the information and/or actions provided by Contractors and/or users via the Website. Fix Forward does not in any way verify nor confirm the adherence by same Contractors and/or users with any such laws to which they are subject. It is therefore vital for each user to understand and be aware that they are fully responsible for any legal obligations resting on them in either providing or accepting the Contractor Services or information from any such regulated user.

3. User Registration Process

 

  • In order to become a user of the Fix Forward Services, and register as a Contractor or Client, on the Website and make use of the Fix Forward Services or Contractor Services, you must complete the necessary registration process detailed on the Website and acquire a “Profile”. Each user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.
  • Fix Forward requires you to submit your full name, e-mail address, physical address and phone number when registering a Profile.
  • By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your login details or password with anyone.
  • By submitting your personal information to the Website for its use in a Profile or otherwise, you consent to Fix Forward using this information to facilitate a connection between you and another user.
  • Please see Fix Forward’s Privacy Policy regarding more details on how Fix Forward uses and processes your personal information.

 

4. The Services – Profiles, Services And Fees

 

  1. Users must register a Profile using the relevant tools on the Website, to access the Services, namely, the Booking form (for Clients) and Enquiry form (Contractors).
    1. In addition to registering a Profile on the Website, Contractors must successfully complete the Contractor’s Agreement with Fix Forward, prior to being included on Fix Forward’s databases and having their Contractor Services being made available. Mere application as a Contractor with Fix Forward does not guarantee that the Contractor will indeed have their Contractor Services made available on the Website. Same will be contingent on various factors, including the successful completion of the Contractor’s Agreement.

 

The Services:

 

  1. Please consult the How It Works section on our Website for details of our applicable Services at any given time. However, the following Services may be made available for either the Contractor and/or the Client by Fix Forward and/or the Website from time to time:

 

For Contractors:

 

  1. Allowing Contractor’s information to be recorded on the Fix Forward database to then be recorded as a contractor for their particular specialisation or industry for Fix Forward to draw on for available Client leads;
  2. Allowing Contactors to refer other contractors to Fix Forward and/or the Website to make their own services available to other users; and 
  3. Providing leads for the Contractor

 

For Clients:

 

    1. Allowing Clients to create a job card detailing the exact sort of services they are needing assistance with as well as all details associated thereto (“Job Card”);
    2. Allowing Clients to refer other contractors to Fix Forward and/or the Website to make their own services available to other users; and 
    3. Providing the Client’s job lead to various independent contractors who can subsequently engage the Client for work on their listed Job.
  • Fees owed between users for Contractor Services used:
      1. As part of the Fix Forward Services, Contractors can have their own private Contractor Services made available to other users, where, unless agreed to otherwise, Clients will need to pay a fee to the Contractor in consideration for the use of the Contractor Services (“Contractor Fee/s”).
    1. A Contractor Fee is distinct from any fee owed to Fix Forward for the provision of the Fix Forward Services.
    2. The Contractor and Client will then privately manage the payment of the Contractor Fee as they see fit, including features related thereto, including
      1. Any applicable deposit;
      2. Cancellation provisions
      3. Method of Contractor Fee payment;
      4. Applicable due dates for any Contractor Fee payment; and
      5. Variation of Services.
  • Fees owed to Fix Forward:
    1. Use of the Website by general users is FREE, where only the Contractor will have to pay Fix Forward a Lead Fee and possibly a Success Fee (for obtaining a Lead from Fix Forward, and then subsequently for the completion of a Client job)
    2. Please see the Contractor’s Agreement for more information on the Lead and Success Fees applicable to Contractors.
    3. For further information on the current Fix Forward Services available generally or applicable to you, please contact info@fixforward.com who will gladly assist.
    4. To terminate your use of the Fix Forward Services or the Website, please see clause 16 below.
    5. Fix Forward may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Fix Forward Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Fix Forward Services or the fees applied to you.
    6. All amounts stated shall exclude Value Added Tax (“VAT”), as well as be exclusive of any other applicable taxes/fees, unless otherwise stated and required by law. All applicable taxes, duties or fees will be detailed to you before you affect any transaction with Fix Forward and/or a Contractor. 
    7. Fix Forward reserves the right to establish, remove and/or revise any fees for any or all services obtained through the use of the Fix Forward Services at any time in Fix Forward’s sole discretion. Fix Forward will use reasonable efforts to inform you of all charges or fees that may apply to you, provided that you will be responsible for the payment of all fees properly incurred under your Profile.
    8. You may contact Fix Forward via email at info@fixforward.com to obtain a full record of your statement with Fix Forward.

 

5. Client Satisfaction

 

In the event that the Client is unsatisfied with the workmanship or installation of a Contractor during the course of the work done by the Contractor, the Client must contact the Contractor directly and manage all disputes/issues with the Contractor only.

 

NOTE: Contractors are fully independent and bear full responsibility for the service to delivered to the Client. 

 

6. User Responsibilities And Warranties

 

    1. By using the Website and/or the Fix Forward Services, you warrant that:
        • you have read and agreed to these Terms and will use the Website in accordance with them;
        • you have not made any misrepresentations and the information provided in the registration process is true, accurate and complete;
        • you will timeously pay any due fees to either or both Fix Forward and/or the Contractor when required to do so under these Terms;
        • you expressly understand how any liability stemming from any Contractor Services lies exclusively with the relevant Contractor and Client, and not with Fix Forward;
        • you are the age of majority in your country of residence and/or possess the legal authority and capacity to act on your own and/or on behalf of your employer organisation, and lawfully possess and submit all information to the Website for the use of it or the Fix Forward Services;
        • you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered, in Fix Forward’s sole discretion, to be threatening, harassing, inappropriate, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
        • you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
        • you will be liable, to whichever relevant authority, to pay any tax or duty or VAT associated with your receipt of any fees from another user, as is required by the system of law to which you are subject, where Fix Forward is not liable at all for such payment of any such tax, duty or VAT on your behalf;
        • you will not infringe any third party’s or the Website’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute;
        • you will not use the Website platform for any commercial purpose other than as expressly provided for by Fix Forward and the Terms;
        • you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances, services, information or devices; and
        • you will not facilitate or assist any third party to do any of the above.
    2. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
  • Without prejudice to any of Fix Forward’s other rights (whether at law or otherwise), Fix Forward reserves the right to deny you access to the Website or the Fix Forward Services where Fix Forward believes (in its reasonable discretion) that you are in breach of any of these Terms, or for any other reason, provided it provides you with relevant notice.
  • Fix Forward does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.

7. Receipt And Transmission Of Data Messages

 

  1. Data messages, including e-mail messages, sent by you to Fix Forward will be considered to be received only when acknowledged or responded to.
  2. Data messages sent by Fix Forward to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
  3. Fix Forward reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such e-mail or data message where necessary.
  4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Fix Forward is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether between Fix Forward and a user, or between users.

 

8. Hyperlinks, Deep Links, Framing

 

  1. The Website may include links to other internet sites (“the other sites”). Fix Forward does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.
  2. Fix Forward does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to info@fixforward.com to request the removal of such content.
  3. The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third par

 

9. Advertising And Sponsorship

 

  1. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
  2. Fix Forward, its shareholders, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

 

10. Intellectual Property Protection

 

  1. All Website material, content, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, copyright and/or service marks (as well as the organisation and layout of the Website) together with the underlying software code and everything submitted by a user to the Website and Fix Forward in use of the Fix Forward Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Fix Forward, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
  2. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of Fix Forward first being granted, which consent may be refused at the discretion of Fix Forward. No modification of any intellectual property or editorial content or graphics is permitted. 
  3. Fix Forward reserves the right to make improvements or changes to the intellectual property, information, graphics and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website resulting in any fees, will not be affected by such suspension or termination, as the case may be.
  4. Where any of the Website intellectual property has been licensed to Fix Forward or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Fix Forward Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  5. Subject to adherence to the Terms, Fix Forward grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Website on any machine which the user is the primary user. However, nothing contained on the Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of Fix Forward.
  6. Subject to the Privacy Policy, the Company and/or Trust may photograph the Contractor and/or their staff on site or otherwise, and may use same photographs in any way to be deemed by the Company and/or Trust to be reasonable, for legitimate business purposes and in the best interests of all parties, including for marketing, to Trust funders and/or on the Website. The Contractor, accordingly, hereby expressly permits the Company and/or the Trust to do so, and assigns all rights, including all ownership and moral rights, to/over those photographs to the Trust and/or Company in perpetuity and in all territories, with no expectation of any consideration or compensation in any way.
  7. Any enquiries regarding any of the above relating to intellectual property must be directed to Fix Forward at info@fixforward.com.

 

11. Disclaimers And Warranties

 

  1. The Website, including any intellectual property appearing therein, is provided “as is” and “as available”. Fix Forward makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, information provided by another user or the information contained on the Website in any way.
  2. All information or opinions of users made available on the Website in relation to any of the Fix Forward Services or Contractor Services are those of the authors and not Fix Forward. While Fix Forward makes every reasonable effort to present such information accurately and reliably on the Website, Fix Forward does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website or from another user.
  3. Fix Forward, its shareholders, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website, other users thereon, and/or transactions or actions resulting therefrom, including a Client’s use of any Contractor Services in any way.
  4. Fix Forward, its shareholders, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Fix Forward Services, and access to, or use of, the Website in any manner.
  5. Users from locations outside of South Africa, please note that Fix Forward complies with all South African laws in representing the Services. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, you warrant that you are at all times acting in accordance with same foreign law, and indemnify Fix Forward from any liability it may acquire by virtue of its supply of the Website and/or Fix Forward Services.
  6. Fix Forward takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, Fix Forward does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.

 

12. Indemnities

  • The user indemnifies and holds harmless Fix Forward, its shareholders, employees, and partners from any demand, action, regulation or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website or Services offered or concluded through the Website in any way.
  • The user agrees to indemnify, defend and hold Fix Forward harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s use of the Website and/or the Fix Forward Services or Contractor Services and for breach of these Terms. 
  • This clause will survive termination of this agreement.

13. Company Information

 

  1. Site/Domain owner: Fix Forward (Pty) Ltd.
  2. Company type: Private limited liability – (Pty) Ltd.
  3. Registration Number: 2015/428600/07
  4. Director: Joshua Cox
  5. Description of main business: Online platform marketplace and service intermediary
  6. Telephone number: 0860 995 999
  7. E-mail address: info@fixforward.com
  8. Website address: https://fixforward.com/
  9. Physical address: 153 Main Rd, Muizenberg, 7945, Cape Town, South Africa
  10. Postal address: 2 Spinnaker Avenue, Lakeside, 7945, Cape Town, South Africa
  11. Registered address: As per 14.9

 

14. Dispute Resolution And Governing Law

 

  1. The user’s access and/or use of the Website, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa only.

 

Disputes between users and Fix Forward:

 

  1. Should any dispute, disagreement or claim arise between a user and Fix Forward concerning use of the Website or the Fix Forward Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
  2. 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 between them, for the purposes of finding a mutually beneficial solution.
  3. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
  4. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.

 

Disputes between users:

 

  1. Should a dispute arise between users and their private transaction relating to the Contractor Services, said dispute is between the Client and Contactor exclusively, where Fix Forward is not responsible for fulfilling any function in any way or in any role.
  2. The users agree that they shall handle their private dispute between them in the manner in which they mutually deem suitable and/or as prescribed by any relevant agreement concluded between them, and for the attempted benefit of both parties.
  3. Notwithstanding the above, the parties in a private dispute must inform Fix Forward of the dispute in order for Fix Forward to log the issues experienced, and to try assist both parties in whatever way it deems fit, but is under no obligation to do so.

 

15. Termination Of Use Of Website Or Services

  1. In addition to the rights above, Fix Forward reserves the right to terminate and cancel your profile and access to the fix forward services and/or website if you breach any of the terms, or for any other reason in its sole discretion provided that Fix Forward gives reasonable notice to you.
  2. If you wish to terminate the agreement with Fix Forward, or end your use of the Fix Forward Services, you may do so by deregistering your Profile with the Website and discontinuing your use of the Website.
  3. The obligations and liabilities of any user incurred prior to the termination date of the Terms and/or use of the Fix Forward Services shall survive the termination of these Terms for all purposes, including the payment of any fee which was due and payable before termination to Fix Forward and/or a Contractor.
  4. In the event of cancellation of your agreement with the Terms and with Fix Forward, Fix Forward will remove you from the Website and delete your Profile.

 

17. Notices And Services Address

 

  1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
    • in the case of Fix Forward, at info@fixforward.com or
    • in the case of the user, at the e-mail and addresses provided by the user to Fix Forward in the Profile registration process.
  2. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

 

17. General

 

  1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.5 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
  2. No indulgence, leniency or extension of time granted by Fix Forward shall constitute a waiver of any of Fix Forward’s rights under these Terms and, accordingly, Fix Forward shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
  3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
  4. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate. 
  5. Should you have any complaints or queries, kindly address an e-mail to info@fixforward.com advising Fix Forward of same.
  6. In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Fix Forward, in its own capacity or in its capacity as intermediary to the relevant user, in relation to the payment failure or breach and the rectification of same.
  7. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
  8. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision“).  Any breach of any such Prohibited Provision shall be governed by the provisions of clause 18.7.

 

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