General Client’s Terms and Conditions
PLEASE READ.
THE GENERAL TERMS AND CONDITIONS BETWEEN FIXORSHUB, ‘’THE COMPANY’’ AND ‘’THE USER’’
1. Your continued use of the website implies an acceptance of the terms and conditions. 2. www.fixorshub.com is owned and operated by FixorsHuB, a business registered in Nigeria at the Corporate Affairs Commission. FixorsHub, herein and subsequently referred to as "the Company”, "Website”, "we", "our" or "us"). Any reference to "the Company", "we", "our" or "us" shall include our officers, employees, representatives, directors, agents, entities, sub-contractors, service providers, and partners.
3. We reserve the right without prior notice to amend the General Website Terms and Conditions within the existing laws and regulations of the Federal Republic of Nigeria. A user’s continued use of the website indicates an acceptance of the amendments.
4. POSTED CONTENT
5. INTELLECTUAL PROPERTY RIGHTS
5.1. Except for contents owned by a user and which may be required to be posted on the website, the Company owns all the intellectual property rights and materials contained on this website.
5.2. The Company strictly prohibits the copying, reproduction, distribution, republishing, downloading, displaying posting, or transmission of the contents of its website in any form or by any means including but not limited to, electronic mechanical, photocopying, recording, or otherwise, except as permitted by the company and the copyright laws of the Federal Republic of Nigeria.
5.3. A User is granted limited rights only to utilize this Website for the purpose approved by the company.
5.4. A User is prohibited from any endeavour to disassemble, decompile, decipher, or reverse engineer the software or codes comprising or in any way making up a part of the Website, including any algorithm used by us.
5.5. The intellectual property on this website is solely owned and licensed to FixorsHub except for the Users’ posted contents which the Users hereby license to us.
5.6. FixorsHub forbids any form of copyright infringement and infringement of intellectual property rights on its website. At our sole discretion, the Company may remove any infringing content if we are of the view that such content infringes on another's intellectual property rights or our own.
6. PROHIBITIONS
6.1. Users are expressly prohibited from the following:
6.1.1. publishing or posting any form of the content of this Website’s material in any media whatsoever.
6.1.2. use this Website for any objectionable, criminal, or unlawful purpose.
6.1.3. take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure, including spam or other unsolicited mass e-mailing techniques.
6.1.4. use the Website in any manner that would result in another User breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations a User may owe to third parties.
6.1.5. mislead or deceive others through any act or omission or make a false representation about a user’s identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym.
6.1.6. conduct any activity that compromises or breaches another party's patent rights, trademark, copyright, or other intellectual property rights.
6.1.7. copy, collect, or save information about other Users.
6.1.8. introduce any virus, worm, trojan horse, malicious code, or other programs that may damage computers or other computer-based equipment to the Website or to other Users.
6.1.9. stalk or harass anyone.
6.1.10. attempt to disrupt or interfere with the Company Services or Services as delivered through the Website.
6.1.11. use the details of other Users for anything other than the use expressly permitted by those users.
6.1.12. download, access, use, harvest, or download in bulk User details.
6.1.13. pass on a user’s login details to anyone other than the authorized user of that account.
6.1.14. remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website.
6.1.15. any use of this Website or its contents in a manner to contravenes the laws and regulations, or in any way that may to cause harm to the Website, or to any person or business entity.
6.1.16. use this Website to engage in any advertising or marketing other than in a manner expressly permitted by the Website.
6.1.17 Any crawling, spider, or scraping of the content of the Website, except to the extent required by recognized search engines (e.g., Google) for the purposes of indexing this Website; or
6.1.18. provide unauthorized interfaces to the Website.
6.1.9. The User understands and agrees that the User is solely responsible for compliance with all laws, rules, regulations, and tax obligations that may apply to the User’s use of the Website.
6.2.0. Access to certain areas of this Website may be restricted for Users, and the Company reserves the right to further limit a user’s access to any areas of this Website, at its sole discretion and at any time. Any User Login Details provided for this Website must be kept confidential by the User and it is their responsibility to maintain their confidentiality.
7. NO WARRANTIES
7.1. This Website is provided "as is,” with all faults, and the Company expresses no representations or warranties, express or implied, statutory, or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement.
7.2. Without limiting the generality of the foregoing, the Company makes no warranty that the Website will meet a user’s requirements, or that the Website will be uninterrupted, timely, secure, error-free, or that defects on the Website will be corrected.
7.3. The Company cannot provide a guarantee or warranty that any file downloaded from this Website or delivered to a User will be free of infections or any other code that may have destructive qualities. It is the responsibility of the User to implement proper processes, systems, and procedures to mitigate and prevent such issues.
7.4. The Company cannot be held liable for any inaccurate information contained on the Website.
8. WARRANTIES BY THE USER
8.1. The User warrants and represents that the information provided to the Company is and shall remain accurate, true, and correct and that the User will update the information held by us to reflect any changes as soon as possible.
8.2. When a User registers on the Website on behalf of an entity, it is understood that the User.
represents to us that they have the authority to act on behalf of the entity. Furthermore, it is acknowledged that these General Website Terms and Conditions will apply to both the User and the entity, and both parties will be contractually bound by them.
8.3. The User further warrants that when registering on the Website it:
8.3.1. is not impersonating any person or entity.
8.3.2. is not violating any applicable law regarding the use of personal or identification information.
8.3.3. is approved to create an account; and
8.3.4. will provide, on-demand from our verification of such User’s credentials in such form as required by us.
9. LIMIT OF LIABILITY AND INDEMNIFICATION
9.1. The use of the Website will be at the risk of the User.
9.2. The User agrees to indemnify and hold us harmless from any claim, loss, damage, cost, or expense that may arise due to their improper use of or conduct in connection with the Website. This includes any breach of these terms or any applicable law or licensing requirements.
9.3. As the Company only provides the Website on which Users do business, to the fullest extent permitted by law, a User agrees that the Company shall not be liable for any losses to the User however arising and whatever the cause in respect of the Website, even in instances where the Company was informed of the possibility of such losses being caused, including, but not limited to, losses that arise as a result of any User’s misconduct, negligence and/or gross negligence.
9.4. Notwithstanding the foregoing clauses, should the Company not be permitted to lawfully limit its liability as referred to in 8.3 above, the Company’s aggregate liability for losses arising out of or in connection with Services or Company Services, shall be the Fees as charged by the Company in respect of such particular transaction.
9.5. Neither Party will be liable to the other Party, or to any cessionary or third-party claiming through or on behalf of a Party, for any punitive, indirect, special, or consequential damages whatsoever, arising out of or related to these General Terms and Conditions.
10. SEVERABILITY
In the event these terms are deemed invalid or unenforceable under any circumstance, the specific provision will be removed from these General Terms and Conditions. The remaining terms will still apply. Our failure to enforce any provision or exercise any termination option does not waive those provisions' validity. It also does not affect the validity of these General Terms and Conditions or any other agreement. We retain the right to enforce every provision thereafter.
11. LEGAL SETTLEMENT JURISDICTION
11.1. These General Terms and Conditions relationship between the User and the Company shall be regulated entirely by the laws of the Republic of Nigeria and, in the event of a dispute, the User consents, at the Company’s sole and exclusive discretion to the jurisdiction of the Nigerian Courts and / Arbitration.
THE GENERAL TERMS AND CONDITIONS BETWEEN FIXORSHUB, ‘’THE COMPANY’’ AND THE CLIENT
1. Your continued use of the website implies an acceptance of the terms and conditions.
2. www.fixorshub.com is owned and operated by FixorsHuB, a business registered in Nigeria at the Corporate Affairs Commission. FixorsHub herein and subsequently referred to as "the Company”, "Website”, "we", "our" or "us"). Any reference to "the Company", "we", "our" or "us" shall include our officers, employees, representatives, directors, agents, entities, sub-contractors, service providers, and partners.
3. The Client Terms of Service govern the Client’s relationship with the Company. The Client Terms of Service apply to any Client who uses the Services, accesses, refers to, views, and/or uploads or downloads any information or material made available on the Website for whatever purpose. The client Terms of Service include all documents incorporated by reference herein, including, but not limited to the General Terms and Conditions and Privacy Policy (collectively, the "Terms")
4. Accessing and/or use of the Website signifies that the Client has read, understands, accepts, and agrees to be bound, and is bound, by the Terms, in such Client’s individual capacity and/or for and on behalf of any entity for whom the Client utilizes the Website (if applicable). Further, the Client represents and warrants that they have the authority to do so subject to all existing laws of Nigeria stated in this document or not.
5. TERMINOLOGY
5.1. The term "Browser" refers to any individual who visits any page of the Website, whether by arriving on the home page or any other page through a hyperlink from another website or by directly accessing the Website and has not utilized the Services provided by the Company through the Website.
5.1.1. "Client” shall mean either a natural person or an entity that acquires Services through the Website, alternatively engages a Service Provider hereafter referred to ‘’SP’’ after making first contact through the Website to have services rendered.
5.1.2. "Client Terms of Service” shall mean these terms of service.
5.1.3. "Company” shall mean FixorsHuB, a business name registered with the Corporate Affairs Commission of Nigeria, as the provider and/or facilitator of the Services made available using the Website.
6. "Company Services” shall mean the provision of short-term spot hire and temporary engagement services using the company website.
7. The services being provided by the SP are purely transactional and subject not to the formal sector fee regulation laws of Nigeria.
8. "Fees” or ‘’ wages’’ shall mean the amount/s payable by the Client to the Company in respect of the Services rendered by the SP, which payment terms are set out more fully in clause 8 below.
9. "General Terms and Conditions” shall mean those terms and conditions applicable to both the Client and the Service Provider, and which are available here: https://www.fixorshub.com/terms-and-conditions.
10. "Log in Details” shall mean, inter alia, the Client’s unique username, and password used to access the Company Services, use the Website, and access/use any ancillary services.
11. "Party” or "Parties” shall mean the Company or the Client, or both, as the context implies.
12. "Registration Process” shall mean the process to be followed by a Browser on the Website to enable the Browser to make use of the Company Services and thus make the transition from a Browser to a Client.
13. "Services” shall mean the Company Services and SP Services collectively.
14. "Terms” shall mean these Client Terms and Conditions read together with the General Terms and Conditions and Privacy Policy, which may be found here https://www.fixorshub.com/terms-and-conditions.
15. "Website” shall mean the Website as owned, hosted, and managed by the Company on which the SP Services are advertised and/or made available for hire by the Client and which is situated at the following URL: www.fixorshub.com.
16. "SP” shall mean an individual, Organization, or Business who/that has approached the Company to render services to Clients by uploading its information on the Company website.
17. ‘’A Verified SP’’ shall mean an individual, Organization, or Business who / which has been duly vetted and approved by the company and whose profile uploaded to the Company website for the purpose of rendering services to clients is marked ‘’Verified’’.
18. AGREEMENT TO THESE CLIENT TERMS OF SERVICE
18.1. The Company grants the Client a limited, revocable, non-transferable license to access and use the Website in accordance with the Terms which may govern such use and access.
18.2. To the extent that there exists any inconsistency between the terms of the Client Terms of Service and the General Terms and Conditions, the terms herein shall prevail to the extent of any inconsistency unless expressly provided otherwise herein.
19. REGISTRATION PROCESS FOR A CLIENT
19.1. Only a client may acquire the Services through the Website.
19.1. To register as a Client, a Browser will, through the Registration Process, be prompted to provide Log in Details as well as submit certain personal information which is set out in more detail in the Privacy Policy.
20. INVOICING AND PAYMENT OF THE FEES IN RESPECT OF SP SERVICES
20.1. The Company shall render invoices to the Client in respect of the Fees due in respect of the Services performed by the SP, and which invoices are required to contain at least the following information:
20.1.1. amount due in respect of VAT; and
20.1.2. the Company’s VAT registration number.
20.1.2. Client shall deposit the full fees in advance and prior to the commencement of the service.
20.1.3 The Company shall charge to Client, fees, more appropriately termed commission, on the service fee of the SP and captured by the Invoice.
20.1.4. The Client will make all payments to the Company by means of electronic bank transfer into the bank account nominated by the Company, with proof of payment being transmitted to the Company.
20.1.5 Client shall have Seven days / One week to review, rate the services consumed and approve payment to the SP.
20.1.6 In the event Client calls off a commenced service, the Client will be entitled to a refund, the sum of which shall be the amount deposited in respect of the job, less the Company fees, and the cost incurred by the SP.
20.1.7 A Client who is not satisfied with the services can declare a dispute via a documented complaint and follow-up call to the Company. The Company shall resolve all disputes.
20.1.8. Should such resolution fail, an independent expert (arbitration) shall be appointed by agreement between the Parties in order that an independent assessment may be provided, at a cost-shared between the Parties.
21. CIRCUMVENTION OF THE COMPANY
21.1. The Client undertakes that should it be placed in contact with an SP through the Website or Company, it shall not attempt to circumvent or bypass the Company in any manner and engage with the SP to the exclusion of the Company. Should a client do such, the Client will be liable for a penalty amounting to the full fees that would have been applicable if such SP’s Services were to have been rendered.
22. WARRANTIES AND REPRESENTATIONS
The Company hereby warrants and represents to the Client that:
22.1 it shall carry out the Company Services and all its duties and obligations arising in terms of these Client Terms of Service in accordance with the standards as determined between the Parties from time to time. The Company shall assign the performance of the Company Services to personnel having the skills, experience expertise, capacity, and knowledge required to perform the Company Services.
22.1.2 it shall not engage in any activities that would detract from the proper performance of its obligations and duties under the Client Terms of Service.
22.1.3. it shall use its reasonable endeavours to avoid any material conflict between its interests and those of the Client and, where such conflict is unavoidable, will disclose the details of such conflict to the Client.
22.1.4. it has adequate facilities/infrastructure to comply with its obligations in terms of the Client Terms of Service.
22.1.5. it has the necessary power and legal capacity to enter and perform its obligations under the Client Terms of Service and all matters contemplated herein.
22.1.6. it has taken all necessary corporate and/or internal action to authorize the execution and performance of the Client Terms of Service.
22.1.7. it has the capacity and authority to provide the representations, warranties, and undertakings contained in the Client Terms of Service.
22.1.8. it shall provide the Company Services contained in the Client's Terms of Service.
22.1.9 in a cost-effective manner.
22.20 in a manner which ensures that the Client receives "value for money”; and
22.2.1. in a manner such that the provision of the Company Services assists the Client to prevent unauthorized, irregular, and fruitless, and wasteful expenditure for the Client.
22.2.2 all information provided by the Company to the Client in relation to the Client Terms of Service shall be accurate in all respects.
23. POSTED CONTENT
23.1 We do not, nor are we under any obligation or duty to a client or anyone else to monitor, consider, evaluate, assess, review, screen, censor, or remove any content on the Website. We do not have (and expressly disclaim) any liability in connection with any monitoring, consideration, evaluation, assessment, review, screening, censoring or removal of posted content or any failure or refusal on our part to do so.
24. CESSATION OF THE COMPANY SERVICES
24.1. Notwithstanding any other provisions of these Client Terms of Service, the Company reserves the right to terminate these Client Terms of Service with immediate effect, for amongst other reasons, gross misconduct, breach of the Client Terms of Service, incapacity, dishonesty and /or any other offense committed by the Client in terms of the law.
24.2. At the cessation of these Client Terms of Service, the Client will only be liable for the amount due in respect of Services as have been executed and for which the Company has not yet received payment.
25.0 INSURANCE
The Company shall, for the duration of the Client Terms of Service and at its own expense, effect and keep current policies of insurance related solely to public liability and statutorily prescribed insurance in the Company’s own name with the intent that the Company is adequately insured and indemnified for any reasonable cost, claims or damages that may arise.
26. SAFETY PROCEDURES
26.1. The Company shall comply with all the Client's safety, health, and security policies and any applicable safety laws and regulations, including, but not limited to, the Occupational Health and Safety.
26.2. The Client shall always assist and support the Company in the application and implementation of the mentioned policies/laws/regulations and ensure that it complies with all its own obligations in this regard.
27.0 CONFIDENTIALITY
27.1. Save as provided in this clause 23, each Party shall ensure that its employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and partners shall treat as confidential all information relating to the other Party or its employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and partners relating to their respective businesses that is of a confidential nature and which is obtained by that Party in terms of, or arising from the implementation of this Client Terms of Service, which may become known to it by virtue of being a Party, and shall not reveal, disclose or authorize the disclosure of any such information to any third party or use such information for its own purpose or for any purposes other than those related to the implementation of this Client Terms of Service.
27.2. Either party has the right to request, through written notice, the immediate return of all or any portion of the confidential information that was shared with the other party. Both parties agree to comply with any such request promptly.
28. VARIATION
Contract variation is possible with the consent of the COMPANY. Variations must be passed through the Company and an updated Invoice issued by the SP. Adding to, deleting from, or canceling these Client Terms of Service, and no waiver of any right under these Client Terms of Service.
29. FORCE MAJEURE
29.1.0 If a Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under these Client Terms of Service due to theft, strike, lock-out, load shedding, blackout, fire, explosion, flood, riot, war, vehicle accidents, act of nature, epidemic, pandemic, embargo, legislation, civil commotion, unrest, strikes or disturbances, cessation of labour, government interference or control, or any other cause or contingency beyond the control of such Party, the Party so affected shall be relieved of its obligations hereunder during the period that such event and its consequences continue, but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any obligations hereunder or loss or damages whether general, special or consequential which the other Party may suffer due to or resulting from such delay or failure, provided always that written notice immediately follows a notification via phone forthwith be given of any such inability to perform by the affected Party. Any Party invoking force majeure shall upon termination of such event giving rise thereto, forthwith give written notice thereof to the other Party.
29.1.1 If the event continues for a period of 5 (Five) days, either Party may then give notice of termination of the Clients Terms of Service, which termination shall take immediate effect after the giving of the notice.
PLEASE READ.
THE GENERAL TERMS AND CONDITIONS BETWEEN FIXORSHUB, ‘’THE COMPANY’’ AND THE USER
3. We reserve the right without prior notice to amend the General Website Terms and Conditions within the existing laws and regulations of the Federal Republic of Nigeria. A user’s continued use of the website indicates an acceptance of the amendments.
5.1. Except for contents owned by a user and which may be required to be posted on the website, the Company owns all the intellectual property rights and materials contained on this website.
5.2 The Company strictly prohibits the copying, reproduction, distribution, republishing, downloading, displaying posting or transmission of the contents of its website in any form or by any means including but not limited to, electronic mechanical, photocopying, recording, or otherwise, except as permitted by the company and the copyright laws of the Federal Republic of Nigeria.
5.3 A User is granted limited rights only to utilize the Website for the purpose approved by the company.
5.4 A User is prohibited from any endeavour to disassemble, decompile, decipher, or reverse engineer the software or codes comprising or in any way making up a part of the Website, including any algorithm used by us.
5.5 The intellectual property on this website is solely owned and licensed to FixorsHub except for the Users’ Posted Contents which the Users hereby license to us.
5.6 FixorsHub forbids any form of copyright infringement and infringement of intellectual property rights on its website. At our sole discretion, the Company may remove any infringing content if we are of the view that such content infringes on another's intellectual property rights or our own.
6.0 PROHIBITIONS
6.1 Users are expressly prohibited from the following:
6.1.1. publishing or posting any form of the content of this Website’s material in any media whatsoever.
6.1.2. use this Website for any objectionable, criminal, or unlawful purpose.
6.1.3. take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure, including spam or other unsolicited mass e-mailing techniques.
6.1.4. use the Website in any manner that would result in another User breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations a User may owe to third parties.
6.1.5. mislead or deceive others through any act or omission or make a false representation about a user’s identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym.
6.1.6. conduct any activity that compromises or breaches another party's patent rights, trademark, copyright, or other intellectual property rights.
6.1.7. copy, collect or save information about other Users.
6.1.8. introduce any virus, worm, trojan horse, malicious code, or other programs that may damage computers or other computer-based equipment to the Website or to other Users.
6.1.9. stalk or harass anyone.
6.1.10. attempt to disrupt or interfere with the Company Services or Services as delivered through the Website.
6.1.11. use the details of other Users for anything other than the use expressly permitted by those users.
6.1.12. download, access, use, harvest or download in bulk User details.
6.1.13. pass on a user’s login details to anyone other than the authorized user of that account.
6.1.14. remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website.
6.1.15. any use of this Website or its contents in a manner to contravenes the laws and regulations, or in any way that may cause harm to the Website, or to any person or business entity.
6.1.16. use this Website to engage in any advertising or marketing other than in a manner expressly permitted by the Website.
6.1.17. Any crawling, spider, or scraping of the content of the Website, except to the extent required by recognized search engines (e.g., Google) for the purposes of indexing this Website; or
6.1.18. provide unauthorized interfaces to the Website.
6.2. The User understands and agrees that the User is solely responsible for compliance with all laws, rules, regulations, and taxation obligations that may apply to the User’s use of the Website.
6.3. There are certain areas of this Website that cannot be accessed by Users, and the Company reserves the right to further restrict a user’s access to any areas of this Website at any time, at its own discretion. User Login Details for this Website are confidential, and Users are responsible for maintaining their confidentiality.
7.0 NO WARRANTIES
7.1. This Website is provided "as is,” with all faults, and the Company expresses no representations or warranties, express or implied, statutory, or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose, or non-infringement.
7.2. Without limiting the generality of the foregoing, the Company makes no warranty that the Website will meet a user’s requirements, or that the Website will be uninterrupted, timely, secure, error-free, or that defects on the Website will be corrected.
7.3. The Company cannot provide a guarantee or warranty that any file downloaded from this Website or delivered to a User will be free of infections or any other code that may have destructive qualities. It is the responsibility of the User to implement proper processes, systems, and procedures to mitigate and prevent such issues.
7.4. The Company cannot be held liable for any inaccurate information contained on the Website.
8.0 WARRANTIES BY THE USER
8.1. The User warrants and represents that the information provided to the Company is and shall remain accurate, true, and correct and that the User will update the information held by us to reflect any changes as soon as possible.
8.2. When a User registers on the Website on behalf of an entity, it is understood that the User represents to us that they have the authority to act on behalf of the entity. Furthermore, it is acknowledged that these General Website Terms and Conditions will apply to both the User and the entity, and both parties will be contractually bound by them.
8.3. The User further warrants that when registering on the Website it:
8.3.1. is not impersonating any person or entity.
8.3.2. is not violating any applicable law regarding the use of personal or identification information.
8.3.3. is approved to create an account; and
8.3.4. will provide on-demand from our verification of such User’s credentials in such form as required by us.
9.0 LIMIT OF LIABILITY AND INDEMNIFICATION
9.1. The use of the Website will be at the risk of the User.
9.2. The User agrees to indemnify and hold us harmless from any claim, loss, damage, cost, or expense that may arise due to their improper use of or conduct in connection with the Website. This includes any breach of these terms or any applicable law or licensing requirements.
9.3. As the Company only provides the Website on which Users do business, to the fullest extent permitted by law, a User agrees that the Company shall not be liable for any losses to the User however arising and whatever the cause in respect of the Website, even in instances where the Company was informed of the possibility of such losses being caused, including, but not limited to, losses that arise as a result of any User’s misconduct, negligence and/or gross negligence.
9.4. Notwithstanding the foregoing clauses, should the Company not be permitted to lawfully limit its liability as referred to in 8.3 above, the Company’s aggregate liability for losses arising out of or in connection with Services or Company Services, shall be the Fees as charged by the Company in respect of such particular transaction.
9.5. Neither Party will be liable to the other Party, or to any cessionary or third-party claiming through or on behalf of a Party, for any punitive, indirect, special, or consequential damages whatsoever, arising out of or related to these General Terms and Conditions.
10 SEVERABILITY
In the event these terms are deemed invalid or unenforceable under any circumstance, the specific provision will be removed from these General Terms and Conditions. The remaining terms will still apply. Our failure to enforce any provision or exercise any termination option does not waive those provisions' validity. It also does not affect the validity of these General Terms and Conditions or any other agreement. We retain the right to enforce every provision thereafter.
11 LEGAL SETTLEMENT JURISDICTION
11.1. These General Terms and Conditions relationship between the User and the Company shall be regulated entirely by the laws of the Republic of Nigeria and, in the event of a dispute, the User consents, at the Company’s sole and exclusive discretion to the jurisdiction of the Nigerian Courts and / Arbitration.
PLEASE READ.
THE GENERAL TERMS AND CONDITIONS BETWEEN FIXORSHUB, ‘’THE COMPANY’’ AND THE ‘’SERVICE PROVIDER’’ hereafter referred to ‘’SP’’.
1.0 Your continued use of the website implies an acceptance of the terms and conditions.
2.0 www.fixorshub.com is owned and operated by FixorsHuB, a business registered in Nigeria at the Corporate Affairs Commission. FixorsHub herein and subsequently referred to as "the Company”, "Website”, "we", "our" or "us"). Any reference to "the Company", "we", "our" or "us" shall include our officers, employees, representatives, directors, agents, entities, sub- contractors, service providers, and partners.
3.0 The SP Terms of Service govern the SP’s relationship with the Company. The SP Terms of Service apply to any SP who uses the Company services, accesses, refers to, views, and/or uploads or downloads any information or material made available on the Website for whatever purpose. The SP Terms of Service include all documents incorporated by reference herein, including, but not limited to the General Terms and Conditions and Privacy Policy (collectively, the "Terms")
4. Accessing and/or use of the Website signifies that the SP has read, understands, accepts, and agrees to be bound, and is bound, by the Terms, in such Client’s individual capacity and/or for and on behalf of any entity for whom the SP utilizes the Website (if applicable). Further, the SP represents and warrants that they have the authority to do so subject to all existing laws of Nigeria stated in this document or not.
5. TERMINOLOGY
5.1.1. Application Form” shall mean the form found on the Website, and which is to be completed by a Browser who would like to become an SP, for consideration by the Company.
5.1.2. Anyone who visits any page of the website, whether the home page or any other page through a hyperlink of another website or direct access to the Website and who has not used the services available on the website is regarded as a "Browser”.
5.1.3. "SP” shall mean either a natural person or an entity that signs up to www.fixorshub.com as a provider of services to the Company’s Clients.
5.1.4 “Company” shall mean FixorsHub a business registered with the Corporate Affairs Commission of Nigeria as the provider and/or facilitator of the Services made available by the Website.
5.1.5 "Company Services” shall mean the provision of short-term hire. mid-term hire and any form of temporary services engagement using the company website.
5.1.6 The services being provided by the SP are purely transactional and subject not to the formal sector fees regulation laws of Nigeria.
5.1.7. "Log in Details” shall mean the SP’s unique username and password used to access the Company Services, use the Website, and access/use any ancillary services.
5.1.8. "Party” or "Parties” shall mean the Company or the SP, or both, as the context implies.
5.1.9. "Registration Process” shall mean the process to be followed by a Browser on the Website once the Browser has been accepted as an SP to enable the SP to make use of the Company Services.
5.1.10. "Services” shall mean the Company Services and SP Services collectively.
5.1.11. "Terms” shall mean these SP Terms and Conditions read together with the General Terms and Conditions and Privacy Policy, which may be found here: https://www.fixorshub.com/terms-and-conditions and https://www.fixorshub.com/privacy-policy respectively.
5.1.12. "Website” shall mean the Website as owned, hosted, and managed by the Company on which the SP’s Services are advertised and/or made available for acquisition by the Client and which is situated at the following URL: www.fixorshub.com.
5.1.13. "Service Provider Profile” shall mean the profile of the SP as made available on the Website, and which shall contain certain information pertaining to the Worker for consideration by Clients.
5.1.14. "SP Terms of Service” shall mean these terms of service; and
5.1.15. "SP Services” shall mean those skills as may be rendered by an SP to a Client.
5.2. The use of the above words in any form or slight modifications as singular or plural, capitalisation, he /she /they is taken as interchangeability and is regarded as same.
6. ONBOARDING PROCESS
6.1. Prior to a Browser being accepted as an SP by the Company, the Browser will be required to:
6.1.1. complete the application for registration forms.
6.1.2. upload proofs of identity documents.
6.1.3 proof of physical addresses.
6.1.4 provide their nominated banking account details.
6.1.5 upload a profile image.
6.1.6 undergoes biometric verification.
6.1.7 update banking account details.
6.2. The Company reserves the right to call for additional documentation should it feel the need to do so, and failure to submit the same may result in the Browser not being accepted by the Company as an SP.
6.3. Upon receipt of the Application Forms together with the additional documents and/or information, a representative of the Company shall review the Browser’s application, and:
6.3.1. The Company may conduct a Competency assessment for SPs, where considered necessary.
6.3.2. Should the criteria as set by the Company be met, an online interview MAY be arranged with the Browser.
6.3.3. Based on the interview, the Browser appears to be eligible to be onboarded as an SP, the Browser shall be placed on a shortlist and the Company may conduct certain background investigations in respect of the Browser.
6.3.4. Should all the above be met to the Company’s satisfaction, the Company shall categorize the SP Services as may be provided by such a Browser, and the Browser shall be entitled (but not obliged) to make use of the Company Services.
6.3.5. Upon the Browser’s consent having been obtained, it shall make the transition from Browser to SP and its SP Profile shall be uploaded to the Website by the Company.
6.3.6 The Company shall not be obliged to but shall endeavour to notify Browsers who do not meet the criteria.
7. COMMENCEMENT AND DURATION
7.1. These SP Terms of Service shall commence when the service provider is successfully activated as a Service provider and shall continue indefinitely until termination.
7.1.1. Completion of the SP Services.
7.1.2. The occurrence of a force majeure event as set out in clause 21 below.
7.1.3. The termination of the SP Terms of Service Agreement by either Party by the provisions of clauses 6, and 13 below.
7.1.4. The SP no longer wishes to provide Services, on the proviso that it shall ensure that all Services it currently renders have been completed in full.
7.2. COMPANY SERVICES
7.2.1. The Company provides the SP with the following Company Services in order that it may make its Services available to Clients:
7.2.2. The creation of and access to an SP’s Profile which Clients may view and engage with an SP through the Company to procure the Services.
7.2.3. The maintenance and updating of the SP’s Profile such as including additional qualifications, an update of services performed, ensuring that personal information remains correct, and providing photos of the Services.
7.2.4. Managing the payment of the SP.
7.2.5. Liaising with the Client on SP’s behalf to ensure that there are open lines of communication and that all complaints, queries, and/or performance reviews are dealt with fairly and expeditiously.
7.2.6 Any other information that the Client may feel is relevant relating to the specific Services.
7.3. RELATIONSHIP OF THE PARTIES
7.3.1. The Company, in providing the Company Services as set out in clause 5 above undertakes that it will comply with applicable legislation, which may include the deduction of VAT, WHT, and any other deductions the Company may be obligated to deduct by law from the wages prior to payment being made to the SP.
7.3.2. Neither Party is an agent of the other nor has any authority to represent the other in any matters, except as expressly authorized in the Terms.
7.3.3. The SP acknowledges and agrees that the continual or intermittent nature of the Services does not give rise to the doctrine of legitimate expectation and even where the use of the Website regularly provides the SP an opportunity to provide services, subject to the termination provisions as contained herein, the Company cannot guarantee a perpetual workflow to the SP.
7.3.4. Nothing contained in the Terms shall be construed as creating a company, close corporation, joint venture, partnership, or association of any kind whatsoever between the Parties, nor shall anything contained in the Terms be construed as creating or requiring any continuing relationship or commitment from any entity controlled, whether directly or indirectly by either one of the Parties or by any employees, agents, independent contractors or the like of either of the Parties.
7.3.5. Unless explicitly authorized in the Terms, neither Party (nor their agents) have the authority or right to assume, create, or undertake any obligation on behalf of the other Party. No Party shall hold itself out as having such authority or right. This applies to any kind of obligation, whether expressed or implied.
7.3.6. An SP shall not be considered an employee of the Company.
7.4 AGREEMENT TO THESE SERVICE PROVIDER’S TERMS OF SERVICE
7.4.1. By agreeing to these SP Terms of Service, the SP agrees to be bound by the Terms.
7.4.2. The Company grants the SP a limited, revocable, non-transferable license to access and use the Website in accordance with the Terms that may govern such use and access.
7.4.3. To the extent that there exists any inconsistency between the terms of the SP and the General Terms and Conditions, the terms herein shall prevail to the extent of any inconsistency unless expressly provided otherwise herein.
8.0 PAYMENT OF WAGES / CONTRACT FEES IN RESPECT OF SP SERVICES
8.1. The Company shall make payment to the SP, the wages due to it, and less any deductions which the Company is obliged to make in law. The mobilization fee to the SP Services will be upfront. The balance of SP’s wages will be paid in arrears upon completion of services and confirmation by the Client and approval to pay the SP given by the Client.
9.0 CIRCUMVENTION OF THE COMPANY
9.1. The SP undertakes that should it be placed in contact with a Client, it shall not attempt to circumvent or bypass the Company in any manner and engage with the Client to the exclusion of the Company. Should an SP do so, such SP will be liable for a penalty amounting to the full compensation that would have been applicable if such SP rendered the Service through the Company.
10. WARRANTIES AND REPRESENTATIONS BY THE SP IN RESPECT OF THE COMPANY AND THE CLIENT
10.1. The SP undertakes that upon agreeing to provide the Services it shall familiarize itself with and adhere to the policies of the Client in so far as:
10.1.1. All provisions and precautions set in place by the Client relating to health and safety.
10.1.2. Always adhere to the Service Specification which shall include timelines, milestones, and the like.
10.2. The SP further undertakes that all information provided by it to the Company shall be true and correct and that it shall update the Company of any changes to this information as soon as is reasonably possible thereafter.
10.3. The SP shall carry out the Services in a proper, loyal, and efficient manner to the best of its ability. The SP shall act in good faith and use his best endeavours to properly conduct, improve, extend, develop, promote, protect, and preserve the business interests, reputation, and goodwill of both the Company and the Client.
10.4. The provisions of these SP Terms of Service are and shall remain legally binding on the Parties and the obligations imposed on them pursuant to these SP Terms of Service and constitute legal, valid, and binding obligations, enforceable in accordance with the contents thereof.
11. POSTED CONTENT
11.1. The Company does not, nor is it under any obligation or duty to an SP or anyone else to monitor, consider, evaluate, assess, review, screen, censor, or remove any content on the Website. We do not have (and expressly disclaim) any liability in connection with any monitoring, consideration, evaluation, assessment, review, screening, censoring, or removal of content posted on the Website, or the failure or refusal on the Company’s part to do so.
12. CESSATION OF THE COMPANY SERVICES
12.1. Notwithstanding any other provisions of these SP Terms of Service, the Company reserves the right to terminate these SP Terms of Service with immediate effect, for amongst other reasons, gross misconduct, incompetence, breach of the SP Terms of Service, incapacity, dishonesty and /or any other offense committed by the SP in terms of the law.
12.2. At the cessation of these SP Terms of Service, the SP will only be entitled to receive the wages in respect of Services already completed by it.
13. TERMINATION
13.1. Either Party may, by giving notice to the other Party (Notifying Party), terminate the Terms, in whole or in part, as of a date set out in the notice of termination if the other Party (Defaulting Party) commits:
13.1.1. A material breach of these Client Terms of Service, which breach is not remedied in terms of clause 15 below.
13.1.2. A material breach of these Client Terms of Service that is not capable of being remedied; or
13.1.3. Numerous breaches of these Client Terms of Service collectively constitute a material breach, even if remedied.
13.2. The Notifying Party shall have no liability to the Defaulting Party with respect to termination under this clause.
13.3. Notwithstanding the foregoing, the Company may terminate these SP Terms of Service for any reason or no reason immediately without notice to the SP.
14. BREACH
14.1. If either Party commits a breach of these SP Terms of Service and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall be entitled, at its option, either to cancel these SP Terms of Service and claim damages or alternatively to claim specific performance of all the defaulting Party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.
15. DOMICILIUM CITANDI ET EXECUTANDI AND CONTACT INFORMATION
15.1. The Company and the SP agree to designate their respective business addresses and email addresses for legal proceedings and for the purpose of giving or sending any required notices under these SP Terms of Service.
15.2. any notice given in terms of these SP Terms of Service shall be in writing and shall:
15.2.1. if delivered via email, be deemed to have been received on the date of the dispatch.
15.2.2 if delivered by hand, be deemed to have been duly received by the addressee on the date of delivery; and,
15.2.3 if delivered by an internationally recognized courier service, be deemed to have been received by the addressee 3 (three) business days after dispatch.
15.2.4 Notwithstanding anything to the contrary contained in these SP Terms of Service, a written notice or communication received by a Party from another shall be adequate written notice or communication to such Party.
16. CONFIDENTIALITY AND NON-DISCLOSURE
16.1. During the validity of the SP Terms of Service and the provision of the SP Services, the SP will acquire considerable confidential information relating to the Company and/or Client.
16.2. Confidential information is of considerable value to the Company and/or Client and the Company and/or Client has in the past and will in the future continue to protect such information.
16.3. It is understood and agreed that if the SP uses confidential information, then the Company and/or Client will suffer a considerable loss.
16.4. In order to protect the interest of the Company and/or Client as set out above, the SP undertakes that it will not during the currency of these SP Terms of Service, and at any stage after the date of termination thereof, reveal to any person, firm, or corporation, the confidential information, procedures or dealings or any information concerning the functions, transactions or affairs of the Company and/or Client or any details of the Clients of the Company or the Company Services or SP Services provided to them by the Company, and shall not use or attempt to use any such information in any manner which may injure or cause loss either directly or indirectly to the Company and/or Client, as the case may be, or may be liable to do so.
17. GOVERNING LAW & JURISDICTION
17.1. These SP Terms of Service shall be regulated entirely by the laws of the Federal Republic of Nigeria and, in the event of a dispute, the SP consents, at the Company’s sole and exclusive discretion to the jurisdiction of the Nigerian Courts of Arbitration.
18. VARIATION
18.1. Any changes, additions, deletions, or cancellations to these SP Terms of Service must be in writing and signed by or on behalf of the Parties to be effective. Similarly, any waiver of rights under these SP Terms of Service must also be in writing and signed by or on behalf of the Parties. It is important to note that written communication does not include email correspondence with digital signatures.
19. ENTIRE SP TERMS OF SERVICE
19.1. The Terms constitute the whole terms between the Parties as to the subject matter hereof and no agreements, representations, or warranties between the Parties regarding the subject matter hereof other than those set out herein, are binding on the Parties.
20. SEVERABILITY
20.1. Any provision in these SP Terms of Service which is or may become illegal, invalid, or unenforceable in any jurisdiction affected by these SP Terms of Service shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated pro nonscript and severed from the balance of these SP Terms of Service, without invalidating the remaining provisions of these SP Terms of Service or affecting the validity or enforceability of such provision in any other jurisdiction.
21. FORCE MAJEURE
22.1. If a Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under these SP Terms of Service due to theft, strike, lock-out, load shedding, blackout, fire, explosion, flood, riot, war, vehicle accidents, act of nature, epidemic, pandemic, embargo, legislation, civil commotion, unrest, strikes or disturbances, cessation of labour, government interference or control, or any other cause or contingency beyond the control of such Party, the Party so affected shall be relieved of its obligations hereunder during the period that such event and its consequences continue, but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any obligations hereunder or loss or damages whether general, special or consequential which the other Party may suffer due to or resulting from such delay or failure, provided always that written notice shall forthwith be given of any such inability to perform by the affected Party. Any Party invoking force majeure shall upon termination of such event giving rise thereto, forthwith give written notice thereof to the other Party.
21.2. If the event continues for a period of 5 (Five) days, either Party may then give notice of termination of the SP’s Terms of Service, which termination shall take immediate effect after the giving of the notice.