Please read the following Terms and Conditions
carefully as they govern your use of our website https://easefix.com (“our site”) and our mobile application ‘easefix’.
Do not use the website or mobile application unless you wish to be bound by
these terms because, by continuing to use, you confirm your acceptance of these
Terms of Use.
Last updated June 2019
These terms of use refer to the
following additional terms, which also apply to your use of our site:
1. Website and mobile
application Terms and Policies
2. Homeowners and
business owners Terms and Conditions, which sets out how
homeowners and business owners may use the Service (the “Customer Terms and
Conditions”)
3. TradesPerson Terms and Conditions, which sets out how TradesPerson may use the Service (“TradesPerson
Terms and Conditions”)
1. Website and mobile application Terms and Policies
Who we are and how to
contact us
Easefix.com is a site operated
by easefix Ltd ("we"). Our
registered company number is 11115771 and have our registered office at 11 Anselms
Court, Coppice, Oldham, Lancashire, OL8
4EG
EaseFix connects homeowners and business owners, (‘customers’) to quality
and reliable tradesperson covering all trades at various locations in UK. We
aim to make maintenance work become simpler. Homeowners will receive multiple
competitive bids from carefully selected tradesperson’s to match the customer’s
needs in your local area. Customers receive the best price for the job. We help
tradespersons and local DIY stores boost their business by showcasing their
personal page.
To contact us, Please email info@easefix.com or write to us as 11 Anslems court, Oldham, OL8 4EG.
By using our site you
accept these terms
By using our site, you confirm that you
accept these terms of use and that you agree to comply with them. If you do not
agree to these terms, you must not use our site.
We recommend that you print a copy of
these terms for future reference.
We may make changes
to these terms
We amend these terms from time to time.
Every time you wish to use our site, please check these terms to ensure you
understand the terms that apply at that time.
We may make changes
to our site
We may update and change our site from
time to time to reflect changes to our Service, our users' needs and our
business priorities. We will try to give you reasonable notice of any major
changes.
We may suspend or
withdraw our site
Our site is made available free of
charge.
We do not guarantee that our site, or
any content on it, will always be available or be uninterrupted. We may suspend
or withdraw or restrict the availability of all or any part of our site for
business and operational reasons. We will try to give you reasonable notice of
any suspension or withdrawal.
You are also responsible for ensuring
that all persons who access our site through your internet connection are aware
of these terms of use and other applicable terms and conditions, and that they
comply with them.
Our site is only for
users in the UK
Our site is directed to people residing
in the United Kingdom. We do not represent that content
available on or through our site is appropriate for use or available in other
locations.
You must keep your
account details safe
If you choose, or you are provided
with, a user identification code, password or any other piece of information as
part of our security procedures, you must treat such information as
confidential. You must not disclose it to any third party.
We have the right to disable any user
identification code or password, whether chosen by you or allocated by us, at
any time, if in our reasonable opinion you have failed to comply with any of
the provisions of these terms of use.
If you know or suspect that anyone
other than you knows your user identification code or password, you must
promptly notify us at info@easefix.com.
Use of information
We are the owner or the licensee of all
intellectual property rights in our site, and in the material published on it.
Those works are protected by copyright laws and treaties around the world. All
such rights are reserved.
You may print off one copy, and may
download extracts, of any page(s) from our site for your personal use and you
may draw the attention of others within your organisation to content posted on
our site.
You must not modify the paper or
digital copies of any materials you have printed off or downloaded in any way,
and you must not use any illustrations, photographs, video or audio sequences
or any graphics separately from any accompanying text.
Our status (and that of any identified
contributors) as the authors of content on our site must always be
acknowledged.
You must not use any part of the
content on our site for commercial purposes without obtaining a licence to do
so from us or our licensors.
If you print off, copy or download any
part of our site in breach of these terms of use, your right to use our site
will cease immediately and you must, at our option, return or destroy any
copies of the materials you have made.
Do not rely on
information on this site
The vast majority of the material on
our website originates from our users and we have little or no editorial
control over the material. We therefore cannot guarantee the accuracy,
timeliness, completeness, performance or fitness for any particular purpose of
the material available through our website. We cannot accept responsibility for
errors, omissions, or inaccurate material available through the website, and make
no warranty that the website will be uninterrupted or error free, or that any
defects will be corrected.
The content on our site is provided for
general information only. It is not intended to amount to advice on which you
should rely. You must obtain professional or specialist advice before taking,
or refraining from, any action on the basis of the content on our site.
Websites we link to
Where our site contains links to other
sites and resources provided by third parties, these links are provided for
your information only. It is not possible for us to review all websites which
are linked to our website. Such links should not be interpreted as approval by
us of those linked websites or information you may obtain from them.
We have no control over the contents of
those sites or resources. We cannot accept liability for any loss or damage
that maybe suffered as a result of following any links.
User-generated
content
This website may include information
and materials uploaded by other users of the site. This information and these
materials have not been verified or approved by us. The views expressed by
other users on our site do not represent our views or values.
We are not responsible for reviewing or
policing user content and so it is possible that some material may be
offensive, harmful, inaccurate or otherwise inappropriate thus we urge you to
exercise proper judgement and to use caution.
If you wish to complain about
information and materials uploaded by other users please contact us on info@easefix.com.
Whether you are a
consumer or a business user:
· We do not exclude or limit in any way our liability
to you where it would be unlawful to do so. This includes liability for death
or personal injury caused by our negligence or the negligence of our employees,
agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business
user:
· We exclude all implied conditions, warranties,
representations or other terms that may apply to our site or any content on it.
·
We will not
be liable to you for any loss or damage, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, even if foreseeable,
arising under or in connection with:
§ use of, or inability to use, our site; or
§ use of or reliance on any content displayed on
our site.
·
In
particular, we will not be liable for:
§ loss of profits, sales, business, or revenue;
§ business interruption;
§ loss of anticipated savings;
§ loss of business opportunity, goodwill or
reputation; or any indirect or consequential loss or damage.
If you are a
consumer:
· Please note that we only provide our site for
domestic and private use. You agree not to use our site for any commercial or
business purposes, and we have no liability to you for any loss of profit, loss
of business, business interruption, or loss of business opportunity.
· If defective digital content that we have supplied, damages a device or
digital content belonging to you and this is caused by our failure to use
reasonable care and skill, we will either repair the damage or pay you compensation.
Uploading content to
our site
Whenever you make use of a feature that
allows you to upload content to our site, or to make contact with other users
of our site, you must comply with the content standards set out in these terms.
You warrant that any such contribution
does comply with those standards, and you will be liable to us and indemnify us
for any breach of that warranty. This means you will be responsible for any
loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and
non-proprietary. You retain all of your ownership rights in your content, but
you are required to grant us a limited licence to use, store and copy that
content and to distribute and make it available to third parties.
We also have the right to disclose your
identity to any third party who is claiming that any content posted or uploaded
by you to our site constitutes a violation of their intellectual property
rights, or of their right to privacy.
We have the right to remove any posting
you make on our site if, in our opinion, your post does not comply with the
content standards set out in these terms.
You are solely responsible for securing
and backing up your content.
All content submitted to our site by
you (or on your behalf), including without limitation, your name, biographical
information and all other names, usernames, pseudonyms, text, likenesses,
graphics, logos, marks, images, photographs, code, and all other information and
material shall be called your "User Content" for short.
Prohibited uses
You may use our site only for lawful
purposes. You may not use our site:
·
In any
way that breaches any applicable local, national or international law or
regulation.
·
In any
way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose
or effect.
·
For the
purpose of harming or attempting to harm minors in any way.
·
To send,
knowingly receive, upload, download, use or re-use any material which does not
comply with our content standards (see below).
·
To transmit,
or procure the sending of, any unsolicited or unauthorised advertising or
promotional material or any other form of similar solicitation (spam).
·
To knowingly
transmit any data, send or upload any material that contains viruses, Trojan
horses, worms, time-bombs, keystroke loggers, spyware, adware or any other
harmful programs or similar computer code designed to adversely affect the
operation of any computer software or hardware.
You also agree:
·
Not to
reproduce, duplicate, copy or re-sell any part of our site in contravention of
the provisions of these terms.
o
Not to
access without authority, interfere with, damage or disrupt:
·
any part of
our site;
·
any
equipment or network on which our site is stored;
·
any
software used in the provision of our site; or
·
any equipment
or network or software owned or used by any third party.
Rights, permissions
and waivers
You hereby grant to us and any of our
group companies and affiliates a non-exclusive,
perpetual, irrevocable, transferable, royalty-free licence (including full
rights to sub-license) to use, reproduce and publish your User Content
(including, without limitation, the right to adapt, alter, amend or change your
User Content) in any media or format (whether known now or invented in the
future) throughout the world without restriction.
You warrant, represent and undertake to
us that all User Content you submit is your own work or that you have obtained
all necessary rights and permissions of the relevant owner of the work and that
you have all relevant rights in your User Content to enable you to grant the
rights and permissions in this clause.
Where your User Content contains images
of people or names or identifies individuals, you warrant, represent and
undertake to us as follows:
·
that all
featured or identified individuals that are over the age of 18 and have
expressly consented to their appearance in the User Content and to you
submitting the User Content to our site, and
·
where
featured or identified individuals are under the age of 18, that you either:
o
are the
parent or legal guardian or such featured or identified individuals, or
o
have obtained
the express consent from a parent or legal guardian of such featured or
identified individuals to their appearance in the User Content and to you
submitting the User Content to our Website.
You hereby unconditionally and
irrevocably waive and agree not to assert (or procure the same from any third
party where applicable) any and all moral rights and any other similar rights
and all right of publicity and privacy in any country in the world.
Content standards
These content standards apply to any
and all material which you contribute to our site ("contributions"),
and to any interactive services associated with it.
You must comply with the spirit and the
letter of the following standards. The standards apply to each part of any
contribution as well as to its whole.
Contributions must:
·
Be accurate
(where they state facts).
·
Be genuinely
held, where they state opinions (for example, feedback and reviews).
·
Comply with
applicable law in the UK and in any country from which they are posted.
Contributions must not:
·
Contain any
material which is defamatory of any person.
·
Contain any
material which is obscene, offensive, hateful or inflammatory.
·
Promote
sexually explicit material.
·
Promote
violence.
·
Promote
discrimination based on race, sex, religion, nationality, disability, sexual
orientation or age.
·
Infringe
any copyright, database right or trade mark of any other person.
·
Be likely
to deceive any person.
·
Be made
in breach of any legal duty owed to a third party, such as a contractual duty
or a duty of confidence.
·
Promote any
illegal activity.
·
Be threatening,
abuse or invade another’s privacy, or cause annoyance, inconvenience or
needless anxiety.
·
Be likely
to harass, upset, embarrass, alarm or annoy any other person.
·
Be used
to impersonate any person, or to misrepresent your identity or affiliation with
any person.
·
Give the
impression that they emanate from us, if this is not the case.
·
Advocate,
promote or assist any unlawful act such as (by way of example only) copyright
infringement or computer misuse.
·
Upload any
User Content which could be deemed to be unsolicited or unauthorised
advertising, promotional material, junk mail, or spam (including without
limitation chain letters, pyramid schemes or other forms of solicitation or
advertisements, commercial or otherwise);
Suspension and
termination
We will determine, in our discretion,
whether there has been a breach of these terms through your use of our site.
When a breach of these terms has occurred, we may take such action as we deem
appropriate.
Failure to comply with the above
acceptable use terms constitutes a material breach of these website terms of
use upon which you are permitted to use our site, and may result in our taking
all or any of the following actions:
·
Immediate,
temporary or permanent withdrawal of your right to use our site.
·
Immediate,
temporary or permanent removal of any posting or material uploaded by you to
our site.
·
Issue of a
warning to you.
·
Legal
proceedings against you for reimbursement of all costs on an indemnity basis
(including, but not limited to, reasonable administrative and legal costs)
resulting from the breach.
·
Further
legal action against you.
·
Disclosure
of such information to law enforcement authorities as we reasonably feel is
necessary.
We exclude liability for actions taken
in response to breaches of the above acceptable use terms. The responses
described above are not limited, and we may take any other action we reasonably
deem appropriate.
Ratings and reviews
on our site
All ratings and reviews of
tradesperson displayed to you reflect the opinions of other Customers
homeowners and business owners, and do not reflect or represent our opinions or
representations. We do not assume responsibility or liability for any review or
for any claims, damages, or losses resulting from any use of our site or
the materials contained therein.
Users of our site may not include any
material that may point others to another company, location or entity both
online and offline that provides similar services toEaseFix. EaseFix reserves the right to remove or withhold any
such material at any time which it considers fails to adhere with these Terms.
Upon giving a review or rating, you are
confirming that the information you are providing is both truthful and precise.
You will also be affirming that your review is not slanderous, adheres to these
terms and is ultimately subject to our discretion. When you post a review you
will also be acknowledging that the material you are sharing is completely your
own and not in the likeness of anyone else. You cannot use the words or name of
another person unless permitted to do so.
By leaving a review or rating, you are
consenting to us using the material you have provided in any manner that we may
require. We also cannot guarantee that we will post your review once it has
been submitted to us. Moreover, we reserve the right to remove reviews and
ratings that are found to be unnecessarily disparaging without warning or
explanation.
All tradespersons are liable to
receiving a review or rating from a Customer after a job has been booked or
completed through our site. We do not permit reviews or ratings from employees
of the tradesperson or any individuals that work in tandem with them. We also
do not allow any reviews or ratings of the tradesperson to be posted by their
competitors.
Your EaseFix account
By making an application to use the
website as a Customer or a tradesperson, you agree and confirm:
· all the information you have provided is accurate
and correct and you are the person whose details you have provided;
· you can enter into a legally binding agreement
with us;
· you will only use the website for the purposes as
envisaged by these terms and the applicable Customer Terms or TradesPerson Terms and conditions;
· you have provided a current address, telephone
number and e-mail address and will notify us immediately if your contact
details change;
· in the case of an individual, you are 18 years
of age or over and capable of taking responsibility for your own actions;
· in the case of a company, LLP or partnership,
you are duly authorised to act on its behalf; and
· you authorise us, at any time, to use any means
that we consider necessary to verify your identity with any third party
providers of information. Please refer to the Privacy Policy for details of
steps we may undertake to do this.
You must provide us with all
information requested during the application process and comply with all our
identification and anti-money laundering requirements (as applicable) to enable
us to comply with all laws, regulations, rules and regulatory guidance
applicable to the Service.
We reserve the right, in our sole
discretion, to refuse to register you as a user of the Service for any reason.
When you register with us to use our
website you will be given a EaseFix account and asked to set a password. You agree
to keep any such password and EaseFix Account
details strictly confidential and you must not disclose them to any third
party. You agree to protect them in the same way as you would details of your
bank account or your bank cards. Any failure to do so shall be at your sole
risk and expense.
You agree that we are entitled to
assume all correspondence, orders, transfers and instructions made by reference
to your password and account number are made by you. You agree to inform us
immediately by e-mail and by telephone if you know or suspect that any of your
account information or password has been compromised or are being misused so
that we may suspend your account.
We have the right to disable any EaseFix Account or password at any time if, in our
reasonable opinion, you have failed to comply with any material provisions of
these Terms.
Our Privacy Policy contains details of
how we may use the personal information you provide to us when registering. You
should read the Privacy Policy carefully before completing your registration or
application. By continuing to use our site and the Service you consent to such
use of your personal information.
Fees
As a Customer of the site, no fees
are payable by you to use our website.
As a TradesPerson,
various fees may be payable to us for our role in providing and administering
the Service. Details of such fees can be found in the TradesPerson Terms and conditions.
We may waive or offer discounts on
any of our fees to any person at any time in our sole and absolute discretion,
taking into account any applicable legal obligations at all times.
We may change any of our fee rates
from time to time to reflect legitimate cost increases or reductions in
operating the Service or providing any services under these terms, the Customer
Terms (Homeowner or business owner) or the TradesPerson Terms. We will give you at least 30 days' notice of any change in our
fees. Any such changes in fees will only affect provisions of our website
to Customers (Homeowner or business owner) made on and after the date on
which the change is stated to take effect.
All fees are exclusive of any
applicable value added tax or other taxes, for which the person paying the
relevant fee shall be liable.
We are not
responsible for viruses and you must not introduce them
We do not guarantee that our site will
be secure or free from bugs or viruses.
You are responsible for configuring
your information technology, computer programmes and platform to access our
site. You should use your own virus protection software.
You must not misuse our site by
knowingly introducing viruses, trojans, worms,
logic bombs or other material that is malicious or technologically harmful. You
must not attempt to gain unauthorised access to our site, the server on which
our site is stored or any server, computer or database connected to our site.
You must not attack our site via a denial-of-service attack or a distributed
denial-of service attack. By breaching this provision, you would commit a
criminal offence under the Computer Misuse Act 1990. We will report any such
breach to the relevant law enforcement authorities and we will co-operate with
those authorities by disclosing your identity to them. In the event of such a
breach, your right to use our site will cease immediately.
Rules about linking
to our site
You may link to our home page, provided
you do so in a way that is fair and legal and does not damage our reputation or
take advantage of it.
You must not establish a link in such a
way as to suggest any form of association, approval or endorsement on our part
where none exists.
You must not establish a link to our
site in any website that is not owned by you.
Our site must not be framed on any
other site, nor may you create a link to any part of our site other than the
home page.
We reserve the right to withdraw
linking permission without notice.
The website in which you are linking
must comply in all respects with the content standards set out in these terms.
Which country's laws
apply to any disputes?
If you are a consumer, please note that
these terms of use, their subject matter and their formation, are governed by
English law. You and we both agree that the courts of England and Wales will
have exclusive jurisdiction except that if you are a resident of Northern
Ireland you may also bring proceedings in Northern Ireland, and if you are
resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of
use, their subject matter and their formation (and any non-contractual disputes
or claims) are governed by English law. We both agree to the exclusive
jurisdiction of the courts of England and Wales.
Our trade mark is registered
EaseFix is
a UK registered trade mark. You are not permitted to use this without our
approval, unless it is part of material you are using as permitted under
our press section.
2. Customer Terms and Conditions (Homeowners & business owners)
Last updated June 2019
1. INTRODUCTION
2. POSTING A JOB
3. SERVICES
4. FEES AND PAYMENT
5. CANCELATION
6. RESOLVING
ISSUES
7. LIABILITY
8. OUR RIGHT TO
VARY THESE CUSTOMER TERMS
9. GENERAL
1. INTRODUCTION
1.1. Our Website is provided by EaseFix Ltd
(“EaseFix”, “us”, “we”). EaseFix is
a limited liability company registered in England and Wales, company number 11115771 andhave our
registered office at 11 Anselms Court, Oldham, OL84EG
1.2. Please read these customer
terms and conditions (“Customer Terms and Conditions”) (as well as the website
terms and conditions (“Website Terms and Policies”) carefully before you find
and book services from local tradespersons via our website https://www.easefix.com (the “Website”) (the “Services”) as these will apply to your
relationship with EaseFix and the
tradesperson. Any person who purchases or receives the Services (a “Customer”)
will be subject to these Customer Terms. Your attention is particularly drawn
to the following:
·
The key information
regarding Posting a Job (see clause 2).
·
How to reschedule a Job (see
clause 2.10).
·
How to pay a TradesPerson and how money is transferred (see clause 4).
·
Terms regarding cancellations
of Accepted bids (see clause 5).
·
How to resolve an issue if one
arises (see clause 6).
·
We have a limit on our
liability to you (see clause 7).
1.3. We recommend that you print a copy of these Customer Terms (Homeowner or business owner) for future
reference. For Accepted bids (defined below), in the event
that a tradesperson would like you to accept their tradesperson Terms and
Conditions, they must ask you to accept such terms before the commencement of
the Services.
1.4. For the avoidance of doubt,
in the event of any inconsistency between:
1.4.1. these Customer
Terms; and
1.4.2. the tradesperson
own tradesperson Terms and Conditions for the provision of the Services,
the former will prevail and take precedence.
1.5. All Services available on the
Website are offered by EaseFix on behalf of
its tradesperson. That is, EaseFix posts
your requests for Jobs and notifies the relevant tradesperson as operator and
administrator of the Website. Therefore, we are not responsible or liable to
you for the actual Services that are provided through the Website.
1.6. We amend these Customer Terms
from time to time as set out in clause 9. Every time you Post a Job you accept
the latest version of these Customer Terms, so please check these Customer
Terms to ensure you understand the terms which will apply at that time.
1.7. If you have any questions
about these Customer Terms, please contact our Customer Services Team by email at info@easefix.com.
2. POSTING A JOB
2.1. Once you have registered with
us in accordance with the Website Terms and Policies, you will be provided with
an online account (your “EaseFix Account”) from
where you will be able to respond to bids.
2.2. The only way in which you can
request for the provision of Services on the Website:
2.2.1. Posting a Job
2.3. You can post a job for the
provisions of Services (“Job”) on the Website ("Post(ing)
a Job").
2.4. Once you Post a Job in
accordance with clause 2.3 above, EaseFix will
notify tradesperson about your Job and tradesperson will have the opportunity
to contact you and bid for that Job via the Website (“Bidding”). You may
receive a number of bids from various tradesperson for the same Job. The number
of bids you receive will be subject to price and the tradesperson
availability. EaseFix is not responsible
for the number of bids you receive when Posting a
Job.
2.5. Subject to clause 2.4 above,
tradesperson will contact you via the Website with suggested bids. You may then
accept a bid and a tradesperson will be notified.
Terms applicable to
Posting Jobs
2.7. If you decide to contact the
tradesperson using contact information obtained otherwise than through our
Website, you undertake to inform the tradesperson that you were first prompted
to contact them as a result of their listing on the
Website. Our tradesperson are legally required to use our platform accept bids on
jobs throughEaseFix. We retain the right to terminate
your account if we find that tradesperson are encouraged not to use the
platform but instead go outside.
2.8. We have entered into
agreements with each of the tradesperson with full profiles listed on the
Website so that we can provide you with the information contained on the
Website about them (including, in some circumstances, the prices for the
provision of their services). Although we make reasonable efforts to ensure
such information is accurate up to date and complete, we make no
representations, warranties or guarantees, whether express or implied, that
such information is accurate, complete or up-to-date. You should check all such
information with each relevant tradesperson before agreeing to purchase their
services.
2.9. If the tradesperson you
contact via EaseFix indicates to us that
they are unavailable to provide the service you have requested, you give us
permission to contact other tradesperson we deem suitable on your behalf and
provide them with your contact details unless you explicitly inform us
otherwise.
2.10. Rescheduling Jobs:
2.10.1. If you wish to change the
date and/or time of an Accepted Bid and you are still within your 14-day
cancellation period (see clause 5), the tradesperson must endeavour to offer
you a suitable alternative booking time and/or date without charge. In the
event that a tradesperson is unable or unwilling to fulfil an Accepted Bid
pursuant to your requesting such a change in accordance with this clause
2.10.1, you should contact the tradesperson and cancel the Accepted bid in
accordance with clause 5 of these Customer Terms.
2.10.2. If you wish to change the
date and/or time of an Accepted job bid, but your 14-day cancellation period
has expired (see clause 5), you may make a change to the Services without charge up to 48 hours before the start date for the Services by
contacting the tradesperson via the messaging service on dashboard of the
Website. Where this means a change in the total price of the Services, EaseFix will notify you of the amended price via the
dashboard. You can choose to cancel the Services in accordance with clause 5 in
these circumstances. If you change the date the Accepted Bid is to be performed
without giving 48 hours' notice, this will be treated as a
cancellation and in these circumstances you agree to pay the cancellation charge
as per clause 5.2.2. If your change is a reduction in the amount of time a Job
is required, you agree to pay the original price specified in the initial
confirmation email (see clauses 2.6 and 2.10) if you do not give at least 48
hours' notice of such change.
2.10.3. If a tradesperson wishes
to change the date and/or time of an Accepted bid, in the event that you are
unable or unwilling to agree to such change, you should contact the
tradesperson and cancel the Accepted bid in accordance with clause 5 of these
Customer Terms.
2.11. If you wish to cancel a
Tradesperson Contract (i.e. if you wish to cancel an Accepted Bid), please
refer to our cancellation policy in clause 5 below.
2.12. Please note, as set out in
our Website Terms and Policies, we reserve the right to withdraw access to our
Website and/or cancel any Job in the event that you fail any credit or fraud prevention check or where we reasonably
suspect fraud or money laundering by you or someone using your EaseFix Account.
2.13. EaseFix reserves
the right to monitor and/or review any communications between tradesperson and
Customers via the Website.
3. SERVICES
3.1. Our tradesperson are under a
legal duty to provide Services that are in conformity with the relevant
tradesperson Contract.
3.2. Tradesperson must ensure that
all information provided by them for display on their page of the Website is
accurate, complete and not misleading in any way but we cannot verify the
information which they provide to us. It will be each tradesperson’s
responsibility to ensure that all of its Services listed on the Website are
available and accurately described.
3.3. It is your (or the person
receiving the Services) sole responsibility to communicate in advance any
specific conditions and/or special needs to the tradesperson that might affect
or be affected by any Services (for example without limitation, specific
household areas for the tradesperson to avoid). Subject to clause 7.3, if you
(or the relevant recipient of the Services) fail to disclose any such
information to the applicable tradesperson, neither EaseFix nor
the relevant tradesperson shall be liable to you (or the recipient of the
Services) for any injury, loss or damages resulting from the Services that
could reasonably have been avoided if you (or the recipient of the Services)
had disclosed that information prior to receiving the Services.
4. FEES AND PAYMENT
4.1. Prices in relation to bids
are posted at the tradesperson’s own discretion. EaseFix
does not monitor, endorse or recommend the prices posted by tradesperson via
the Website. You accept such bids at your own discretion.
4.2. Prices of Services include
VAT where applicable unless it is stated otherwise on the relevant page in
relation to the relevant Services. It is the tradesperson’s responsibility to
account for any VAT that may be chargeable for the Services and the
tradesperson shall be liable for any VAT invalidly or incorrectly charged.
4.3. The Website contains details
of a number of Services and it is possible that, despite EaseFix best efforts, some of the pricing and other
information shown for certain Services is incorrect.
4.4. EaseFix payment service provider for the Payment
Facility is Stripe. The entity
responsible for the collection and processing of Personal Data for residents of
the EEA and Switzerland is Stripe Payments Europe, Ltd., a company incorporated
in Ireland and with offices at 1 Grand Canal Street Lower, Grand Canal
Dock, Dublin. To exercise your rights, the Data Protection
Officer may be contacted via dpo@stripe.com.Stripe is headquartered in San
Francisco, with offices in Dublin, London, Paris, Singapore, Tokyo, and more.
Striped was launched in 2011. Company
number 08480771.
Please note that by
accepting these Customer Terms (Homeowner or business owner) and conditions you are also accepting the Stripe terms
and conditions appended to these homeowners and business owner terms at
Appendix 1.
4.5. You will be
responsible for protecting the confidentiality of your Website user ID and any
password or other security information used by you to access your EaseFixAccount or the Payment Facility. Any currency
conversion costs or other charges incurred by you in making a payment will be
borne by you in addition to the price due to us.
4.6. EaseFix takes
reasonable care to ensure that the Payment Facility is available and
functioning at all times, but cannot guarantee continuous, uninterrupted or
secure access to such Payment Facility, nor can we guarantee that the facility
is virus or error free. We use third party payment service providers to process
payments and because there are many factors beyond our control (such as delays
in the banking system or in card networks), we cannot predict or guarantee the
amount of time needed to complete the processing of your payment. Access to the
Payment Facility may be occasionally restricted to allow for repairs,
maintenance or the introduction of new facilities or services. We will attempt
to provide reasonable notice of any scheduled interruptions to such Payment
Facility and will do what we can to restore the facility as soon as reasonably
possible.
5. CANCELLATIONS
5.1. In addition to your other
legal rights, you may in certain circumstances have the right to cancel a
tradesperson Contract in accordance with the terms set out in this clause 5.
5.2. If you change your mind about
an Accepted bid and wish to cancel it, the following cancellation terms apply:
5.2.1. If you cancel an Accepted bid you will have to reach a mutual
agreement with the tradespersons to resolve any disputes on cancellation
and EaseFix has no involvement what so ever
between the customer and service provider after the job date has started.
5.3. Because EaseFix is not a party
to tradesperson Contracts between you and the tradesperson, any dispute or
conflict involving an actual or potential Job between you and a tradesperson,
including the quality, condition or safety of the Services, the accuracy of the
listing content on the Website, or your ability to pay for an Accepted bid, is
solely the responsibility of each Customer. You understand and agree that you
may be required to enter into separate tradesperson Terms and Conditions with a
tradesperson before receiving Services related to an Accepted bid, and such
tradesperson Terms and Conditions may place additional restrictions on your
Accepted bid and cancellation or refund procedures.
6. RESOLVING
ISSUES
6.1. We care about your experience
and want to ensure we maintain the highest standards possible and so if you
would like to make a complaint about one of our tradesperson or their Services,
please email us at info@easefix.com or call us
on 07459399593 and we'll do our best to help.
6.2. Further or alternatively, if
you are unhappy with the Services received from a tradesperson pursuant to a
Job, you can also:
6.2.1. Speak to the tradesperson
yourself to try and resolve the issue; and/or
6.2.2. Leave an honest review on
the Website or via the App to reflect your experience.
6.3. Please do bear in mind that
while we take all complaints about our tradesperson very seriously and will
always do what we can to help to resolve them, we are not responsible to you
for the Service(s) which the tradesperson provide and are under no obligation
to provide you with a refund in the event you are dissatisfied with Services
which you have received from tradesperson.
7. LIABILITY
7.1. Where we have been negligent,
we will be liable for any loss or damage you suffer as a result, provided that
loss and/or damage is foreseeable. Loss or damage is foreseeable if it is an
obvious consequence of our negligence or breach of contract, or would have been
considered by you and us to be a likely consequence of it at the time we
entered into these Customer Terms.
7.2. We do not accept any
liability for the following types of loss, whether caused by breach of
contract, tort (including negligence) or otherwise, even if the loss is
foreseeable: loss of income or revenue; loss of business; loss of profits; loss
of anticipated savings; loss of data; or waste of management or office time.
7.3. We do not exclude or limit
our liability for death or personal injury arising from our negligence, for
fraud or fraudulent misrepresentation, or for any other liability which cannot
be excluded or limited under English law.
9. OUR RIGHT TO
VARY THESE CUSTOMER TERMS
9.1. We may revise these Customer
Terms from time to time in the following circumstances:
9.1.1. if we
change the process for accepting payment from you;
9.1.2. if there
are changes in relevant laws and regulatory requirements; and/or
9.1.3. if there
are any other changes to our business that reasonably means we need to amend
these Customer Terms.
9.2. Every time you order Services via the Website, the Customer Terms in force at that
time (and available for view on the Website) will apply. You can find the date
on which these Customer Terms were last updated at the top of this page.
10. GENERAL
10.1. All communications and
notices from you must be sent to us by email at info@easefix.com or by post
to: EaseFix Ltd, 11 Anselms court,
Coppice, Oldham. We may communicate and give notice to you
via post, email or by posting notices on the Website.
10.2. Please note our customer
support hours are: 9.00 am to 5.00pm Monday to Friday, we are close on
weekends and Bank Holidays (including Christmas Day and New Years’ Day).
10.3. If any of these Customer
Terms are determined by a competent authority to be invalid, unlawful or
unenforceable to any extent, such term, condition or provision will to that
extent be severed from the remaining terms, conditions and provisions which
will continue to be valid to the fullest extent permitted by law.
10.4. These Customer Terms will be
governed by and construed in accordance with the laws of England. You and we
each agree that the English courts will have exclusive jurisdiction over any
claim or dispute arising from, or related to, the ordering and/or supply of
Services via the Website.
Appendix 1
Stripe Terms and Conditions
3.TradesPerson Terms and Conditions
Last Updated: June 2019
1. DEFINITIONS
· “Accepted Job” means a Job where Your bid has been accepted by the Customer (Homeowner or business owner)
· “Agreement” means these tradesPerson
Terms;
§ “Charges” means all applicable amounts payable by You to EaseFix as defined
§ “Confidential Information” means confidential information as
defined in clause 11 of this Agreement;
§ “Customer
(Homeowner or business owner)” means any person who uploads a Job via
the EaseFix Website
§ “Customer
(Homeowner or business owner) Terms & Conditions” means the EaseFix Customer
Terms & Conditions found at https://EaseFix.com/terms/customer-terms/;
§ “Effective Date” means the date on which You first log into the
Website;
§ “Intellectual Property Rights” means all intellectual property rights
on a world-wide basis whether currently in existence or otherwise and whether
vested or contingent including (without limitation) copyright (including
foreign language translation rights), design rights, database rights, rights to
any domain names, registered designs, patents, trademarks, trade names, signs
and other designations (provided the foregoing are of a proprietary nature), as
well as all similar rights whether registered or otherwise (including, without
limitation, all extensions, reversions, revivals and renewals thereof). The
above shall include, in relation to registrable rights, any applications made
or rights to make applications in respect of any such rights;
§ “Job” means a request for Services posted by the Customer
via the EaseFix Website;
§ “Material Breach” means a breach (including an anticipatory breach)
which is not minimal or trivial in its consequences to EaseFix.
In deciding whether any breach is material no regard shall be had to whether it
occurs by accident, mishap, mistake or misunderstanding;
§ “Payment Facility” means the online payment facility available via the
Website provided by Stripe. The entity responsible for the collection and
processing of Personal Data for residents of the EEA and Switzerland is Stripe
Payments Europe, Ltd., a company incorporated in Ireland and with offices at 1
Grand Canal Street Lower, Grand Canal Dock, Dublin. To
exercise your rights, the Data Protection Officer may be contacted via dpo@stripe.com.Stripe
is headquartered in San Francisco, with offices in Dublin, London, Paris,
Singapore, Tokyo, and more. Striped was launched in 2011. Company number 08480771. Please note that by accepting these Customer Terms (Homeowner or business owner) and conditions you are also accepting
the Stripe terms and conditions appended to these homeowners and business owner
terms at Appendix 1.
§ “EaseFix” means EaseFix Ltd, a company registered in England and Wales
under company number 11115771 and whose
registered office is 11 Anselms Court, OL84EG.
§ “TradesPerson” means the person or entity who registers
to provide Services via the Website to Customers;
·
“TradesPersons Content” means any information, documentation, equipment,
software, photographs or other material (which may include the TradesPerson name, logo and any other brand features and
Intellectual Property Rights) which may be published on the Page(s);
·
“TradesPerson Page” means the section of the Website (including the
tradesperson’s Easefix “homepage” and each
page for the TradesPerson’s Services offered via the Website) along with any
applicable page(s) and contents of the tradesPerson’s
own website(s);
·
“TradesPerson Terms and Conditions” means Your terms and conditions of sale
and/or terms of business (including without limitation the Pro’s privacy
policy, booking policy, delivery policy, health and safety policy, and
returns/refund policy, as applicable);
·
“Services” means the services provided by You to
the Customers;
·
“Service
Fee” means a Charge
payable by a TradesPersons in respect of all Accepted
Jobs
·
“BID” means a formal statement of promise
submitted by You to the Customer in respect of the provision of the Services;
·
“You” means the tradesperson. “Your” has
a corresponding meaning
·
“Website” means the website at https://EaseFix.com/ and all the tradesperson Page(s), content and sub-domains
contained therein;
·
“Website
Terms” means the easefix Website Terms of use found at https://easefix.com/terms/website-terms/.
2. INTRODUCTION
2.1 Please read this Agreement carefully before you begin providing the
Services as it will apply to your relationship with EaseFix and
the Customers. We recommend that you print a copy of this Agreement for future
reference. If you do not agree (or cannot comply) with this Agreement, You must
not provide the Services.
2.2 The acceptance of this Agreement also constitutes your acceptance of
the third party terms and conditions appended to this Agreement.
2.3 We expect to need to update or amend this Agreement from time to
time. We will make every effort to communicate these changes to you via e-mail
or notification via the Website. By continuing to use the Website, you agree to
be bound by the terms of any updates and amendments implemented. However, such
amendments will not affect your Accepted Jobs in existence at the time of
the change.
2.4 In respect of all Jobs, EaseFix is
acting in its capacity as operator and administrator of the Website and nothing
in this Agreement shall prevent or limit you from remaining fully responsible
and liable for its provision and supply of Services to the Customers.
3. TRADESPERSON
ACCOUNT AND VERIFICATION
3.1 Once you have registered in accordance with the Website Terms and
Policies, You will be provided with an online account from where you will be
able to respond to requests for Services.
3.2 Details of the type of online accounts currently on offer can be found on the Website. You should check
the Website on a regular basis as such packages may be amended or varied
from time to time.
3.3 In order to provide Bids or communicate with Customers via the
Website you must populate your homepage/ profile page. Please ensure the
following section are fully populated:
·
About
·
Gallery
of your work
·
Profile
Pic
·
Services
you offer
·
Work Area
·
Certificate
3.4 Following the creation of your online account, you will be required
to provide certain information about yourself and/or your business in order to
pay to us via the Payment Facility.
4. BIDDING FOR JOBS
4.1 You will have an opportunity to bid for the Jobs posted by
customer/homeowners, which match your Service criteria via the Website.
All bids must be submitted through the Website.
4.2 If your bid is accepted by a Customer/homeowner, it will become an
Accepted Job. On receipt of EaseFix fee, EaseFix will send you and the Customer a confirmation
with the details of the Accepted Job.
5. CHARGES AND
PAYMENT TERMS
5.1 You agree to pay all Charges under this Agreement as outlined below:
Service Fee
A Service Fee will apply to all Your Accepted Bid jobs. The rate of
service fee is based on a percentage of the bid accepted. (Excluding VAT). The
service fee is capped at £150 plus VAT
TradesPerson’s pays a fee once his bid gets accepted by the Customer (Homeowner
or business owner) ‘winning bid’
Fees paid depend on the value of the bid, using the
following format unless promotional offers. In any case easefix
fee will be displayed when placing bids. Below table is for reference only.
BID VALUE
|
RATE OF FEE
|
RANGE OF FEE PAID
|
0 - £100
|
4%
|
0 - £4.00
|
£100 - £500
|
10%
|
£10.00 - £50.00
|
£500 - £1000
|
12%
|
£60 - £120
|
£1000+
|
Capped
|
£150
|
All payments should be made via EaseFix payment
platform
EaseFix shall not be liable for any
failure by the Customer to pay any amount due to you in providing the service.
5.2 All Charges are subject to VAT where applicable.
5.3 EaseFix may at its sole
discretion change the rate of any Charges by giving you 30 days’ notice.
5.4 For the avoidance of doubt failure to pay any Charges due in
relation to this Agreement will result in the suspension or termination of your
access to the Website.
5.5 If you commit a Material Breach of this Agreement You will not be
entitled to a reimbursement of any Charges paid.
6. TRADESPERSONS
OBLIGATIONS
6.1 You have the authority to enter into this Agreement.
6.2 You have all the necessary qualifications, trade memberships and
professional experience required to provide the Services.
6.3 You will comply with all applicable laws relating to the provision
of the Services under this Agreement.
6.4 You shall:
i) Comply with all applicable laws, statutes,
regulations and codes relating to anti-bribery and anti-corruption including
the Bribery Act 2010;
ii) Have and maintain in place your own policies and procedures to
ensure compliance and enforce them where appropriate; and
iii) Promptly report to EaseFix any
request or demand for any undue financial or other advantage of any kind
received by you in connection with the performance of any Services
under this Agreement.
6.5 You agree to pay all applicable Charges to EaseFix promptly
and to supply Services to Customers with reasonable care and skill.
6.6 You must inform us immediately if you cease to provide any of the
Services or ifYou increase, diversify or change
the Services which you provide in any way.
6.7 In respect of all Accepted bids Jobs, You must comply with the
cancellation policy set out in the Customer Terms.
6.8 If the Customer has not accepted a bid, you may withdraw your bid at
any point before it becomes an Accepted bid Job. You must contact EaseFix and the Customer before making such a
cancellation.
6.9 Rescheduling Jobs:
i) In the event that you are unable or unwilling to
fulfil an Accepted bid Job, You shall refund the Customer the full amounts
received from the Customer in respect of the Job.
ii) If the Customer wishes to change the date and/or time of an
Accepted bid Job following the expiry of the cancellation period in
accordance with the Customer Terms, then this is something you and the customer
need to come to a mutual agreement and EaseFix has
no involvement in this what so ever.
6.10 You are responsible for ensuring that all tradesperson Content that
is published or provided to EaseFix to
publish on the Website is accurate, correct and not misleading. You should
always ensure that you have the right to use any photographs uploaded. Any
breach of this clause will constitute a Material Breach of this Agreement.
6.11 In relation to all Jobs, You are responsible for obtaining Customer
acceptance for any of your own tradesperson Terms and Conditions before the
commencement of the Services, provided that such tradesperson Terms and
Conditions are compliant with the Customer Terms and this Agreement. In the
event of any inconsistency the following order of precedence will apply:
i) This Agreement;
ii) The Customer Terms;
iii) The tradesperson Terms and Conditions;
6.12 It is particularly drawn to your attention that a Customer, as a
matter of law, will not be bound by any terms and conditions in respect of a
Job if those terms and conditions were not brought to their attention prior to
the commencement of the Services. You should bear this in mind when creating
the tradesperson Content to include on your tradesperson Page. It is preferred
by EaseFix that additional terms and
conditions are included directly within the relevant tradesperson Page but if
this is not reasonably possible then you may provide a link to a self-contained
web page which sets out those terms and conditions clearly. Such self-contained
web pages must:
i) Be no more than a single click away from your tradesperson
Page; and
ii) Must not link directly or indirectly to any other website or web
pages (including your own website).
6.13 You shall not solicit Customers to accept bids Jobs otherwise than
through the Website.
6.14 Where a Customer Posts a job and you encourage that Customer to
cancel and make a separate booking directly with you, or You provide a bid outside the Website, this shall
constitute a Material Breach of this Agreement. In such circumstancesEaseFix shall
be entitled to recover from you the Service Fee which would have been due under
this Agreement. Where EaseFix does not know
the Service Fee that would have been due then it shall act reasonably, taking
into account the information available to it through the Website, in estimating
the value of the Job.
7. CUSTOMER SERVICE
AND COMPLAINTS
7.1 You shall use your best endeavours to provide quality Services to
Customers and shall promptly deal with any enquiries, matters or issues
relating to Jobs including dealing with Customer complaints.
7.2 You shall be directly responsible to the Customer for any failure to
fulfil the Customer’s expectations or for any other legal liability which
arises in respect of the Services.
7.3 EaseFix shall refer any Customer
complaints it receives to you and you shall acknowledge all complaints with the
Customer within 48 hours of receipt, whether the complaint has come directly
from the Customer or via EaseFix.
7.4 You shall make all efforts to reach a resolution to any complaints
from the Customer within 14 days of their receipt by you and keep EaseFix generally informed of the progress and status
of any complaints.
7.5 You hereby acknowledge and accept that the Website includes a
reviewing platform, upon which Customers may post publicly viewable reviews
about their experiences in relation to the Services provided by you. You should
note that this reviewing platform may not be opted out from and may from time
to time contain negative reviews and/or feedback from Customers and that this
is outside EaseFixcontrol. For the avoidance of
doubt, you shall have no right to any remedy (including, without limitation,
any right to terminate this Agreement) as a result of any Customer content.
However if You feel that any Customer content is defamatory of You or any
person, or in some other way is a violation of any person’s legal rights, You
may flag and report that Customer content to EaseFix.
In such case, EaseFix shall review the same
and at its sole discretion take any action it deems necessary, including
removing or amending the relevant piece of Customer content.
8. PRIVACY
8.1 EaseFix maintains a privacy
policy that sets out the parties’ obligations in respect of personal
information. You should read this policy athttps://easefix.com/terms/privacy-policy/. You will be taken to have accepted that policy when you accept this
Agreement.
8.2 Any breach of this privacy policy will constitute a Material Breach
of this Agreement.
9. TradesPersons WARRANTIES AND INDEMNITY
9.1 You shall provide EaseFix with
any tradesperson Content you reasonably require to supply the Services.
9.2 You warrant that all tradesperson Content You supply to EaseFix in connection with this Agreement for
publication on the Website will be accurate and shall not infringe on any other
person’s rights (including Intellectual Property Rights) or be defamatory,
unlawful, offensive, threatening, pornographic or otherwise falling below
general standards of taste and decency.
9.3 You hereby grant EaseFix the
right:
i) to use and
publish the tradesperson Content in connection with the provision of Services;
ii) to remove, edit, cut-down or otherwise amend tradesperson Content
published on any tradesperson Page, including without limitation where such
tradesperson Content does not, in EaseFix’s opinion,
comply with the warranties as set out in
this clause, or is otherwise in breach of the terms of this Agreement; and
iii) to make use of search engine
optimisation services and other mechanisms that embody, incorporate or quote
(in whole or part) your trading name or any brands used in connection with the
Services.
9.4 You warrant, represent and undertake that you shall comply with all
applicable laws and advertising regulations in the marketing, sale and
provision of the Services and shall obtain all licenses, consents, authorities
and insurance that are either necessary or reasonably prudent for you to obtain
in respect of all your business activities and personnel (but especially in
connection with the provision of the Services).
9.5 You hereby agree to indemnify, keep indemnified and hold
harmless EaseFix and its officers,
directors and employees, from and against any and all claims, demands,
obligations, actual or alleged causes of action and lawsuits and all damages,
liabilities, fines, judgments, costs (including settlement costs), expenses
associated therewith (including the payment of reasonable legal charges and
disbursements) and losses (including but not limited to any direct, indirect or
consequential losses, loss of profit, loss of reputation and all interest,
penalties and legal costs (calculated on a full indemnity basis)) and all other
reasonable professional costs and expenses arising out of or in connection with
any breach by you of any term of this Agreement or arising out of any action
brought by any third party relating to the Services provided (or not provided),
or actions (or failure to act), by you or any person (other than EaseFix) acting on Your behalf.
9.6 This clause shall survive the termination or expiry of this
Agreement.
10. TERM OF THE AGREEMENT
10.1 This Agreement commences on the Effective Date and will continue in
effect unless terminated by giving notice by either party.
10.2 Either party shall be entitled to terminate this Agreement with
immediate effect by written notice to the other if:
i) the other party commits a Material Breach of any
of the provisions of this Agreement and either that breach is not capable of
remedy or, in the case of a breach capable of remedy, that party fails to
remedy the same within 7 days after receipt of a notice giving full particulars
of the breach and requiring it to be remedied;
ii) The other party ceases or threatens to cease to carry on business;
(iii) The other party is unable to pay its debts or enters into
compulsory or voluntary liquidation;
(iv) the other party compounds with
or convenes a meeting of its creditors or has a receiver, manager or similar
official appointed in respect of its assets;
(v) the other party has an administrator appointed, or documents are
filed with the court for the appointment of an administrator, or notice is
given of an intention to appoint an administrator by such party or its
directors or by a qualifying floating charge holder as defined in the
Insolvency Act 1986;
(v) Any similar event occurs under the law of any other jurisdiction in
respect of that party.
10.3 Where a party terminates this Agreement pursuant to this clause,
such party shall have no liability to the other in respect of such termination.
Termination of this Agreement, however arising, shall not affect either parties’ rights and remedies that have accrued
as at termination.
11. CONFIDENTIALITY
11.1 Each party acknowledges that, whether by virtue of and in the
course of this Agreement or otherwise, it may receive or otherwise become aware
of information relating to the other party, its marketing plans, its clients,
customers, businesses, business plans, finances, technology or affairs which is
proprietary and confidential to the other party.
11.2 Each party undertakes to maintain and procure the maintenance of
the confidentiality of Confidential Information at all times and to keep and
procure the keeping of all Confidential Information secure and protected
against theft, damage, loss or unauthorised access, and not at any time,
whether during the term of this Agreement or at any time thereafter, without
the prior written consent of the owner of the Confidential Information,
directly or indirectly use, disclose, exploit, copy or modify any Confidential
Information, or authorise or permit any third party to do the same, other than
for the sole purpose of the performance of its rights and obligations
hereunder.
11.3 The terms of and obligations imposed by this clause shall not apply
to any Confidential Information which:
i) at the time of
receipt by the recipient is in the public domain;
ii) subsequently comes into the
public domain through no fault of the recipient, its officers, employees or
agents;
iii) is lawfully received by the
recipient from a third party on an unrestricted basis; or
iv) is already known to the recipient
before receipt hereunder.
11.4 The recipient may disclose Confidential Information in confidence
to a professional adviser of the recipient or if it is required to do so by
law, regulation or on the order of a competent authority.
11.5 This clause shall survive the termination or expiry of this
Agreement.
12. LIABILITY
12.1 Nothing in this Agreement shall limit or exclude a party’s
liability for:
i) death or
personal injury caused by its negligence; or
ii) fraud or fraudulent misrepresentation.
12.2 Subject to clause 12.1, EaseFix shall
not be liable to you, whether in contract or tort (including negligence), for
breach of statutory duty, or otherwise, arising under or in connection with
this agreement for:
i) loss of
profits;
ii) loss of sales or business;
iii) loss of agreements or contracts;
iv) loss of anticipated savings;
v) loss of or damage to goodwill;
vi) loss of use or corruption of
software, data or information; and
vii) any indirect or consequential
loss.
12.3 Subject to clause 12.1, EaseFix’s maximum
aggregate liability to you, whether in contract, tort (including negligence),
for breach of statutory duty, or otherwise, arising under or in connection with
this Agreement shall be limited to one hundred percent (100%) of the Service
Fees paid by you during the preceding twelve (12) month period or, if the
duration of the Agreement has been less than twelve (12) months, such shorter
period, as applicable.
12.4 This clause shall survive the termination or expiry of this Agreement.
13. MISCELLANEOUS
13.1 All rights to the Website and the content on it (save for
tradesperson Content) and all other Intellectual Property Rights belonging to
or licensed to EaseFix remain vested
in EaseFix at all times. Nothing in this
Agreement shall give you any rights in respect of any such Intellectual
Property Rights or of the goodwill associated therewith.
13.2 In the event of a change of control or senior management you must
bring the existence and terms of this Agreement to the new owner or manager’s
attention and inform EaseFix of the
relevant new personnel’s contact details.
13.3 Any notice given under this Agreement by either party to the other
must be in writing by email and will be deemed to have been given on
transmission. Notices toEaseFix must be sent
to info@easefix.com or to any other email
address notified by email to you by EaseFix.
Notices to you will be sent to the email address which you provided when
setting up your account on the Website.
13.4 The relationship of the parties is that of independent contractors
dealing at arm’s length. Except as otherwise stated in this Agreement, nothing
in this Agreement shall constitute the parties as partners, joint venturers or co-owners.
13.5 Neither party may assign, transfer, charge, subcontract or
otherwise deal with any part or all of this Agreement without the prior written
consent of the other party (not to be unreasonably withheld, conditioned or
delayed).
13.6 A person who is not a party to this Agreement has no right to
enforce any term of this Agreement.
13.7 The failure of either party to enforce or exercise at any time or
for any period of time any term of or any right pursuant to this Agreement does
not constitute, and shall not be construed as, a waiver of such term or right
and shall in no way affect that party’s right later to enforce or to exercise
it.
13.8 If any term of this Agreement is found to be illegal, invalid or
unenforceable under any applicable law, such term shall, insofar as it is
severable from the remaining terms, be deemed omitted from this Agreement and
shall in no way affect the legality, validity or enforceability of the
remaining terms.
13.9 This Agreement contains all the terms agreed between the parties
regarding its subject matter and supersedes any prior agreement, understanding
or arrangement between the parties, whether oral or in writing.
13.10 This Agreement shall be governed and interpreted in accordance
with the laws of England and Wales. The parties submit to the exclusive
jurisdiction of the English courts to settle any dispute arising out of or in
connection with this Agreement.
Appendix 1
Stripe Terms and Conditions