General Terms and Conditions
PLEASE READ.
THE GENERAL TERMS AND CONDITIONS BETWEEN FIXORSHUB ‘’THE COMPANY’’ AND ‘’THE USER’’
- These terms and conditions constitute a binding and enforceable legal contract between FixorsHub and you (the user).
- Your continued access and use of the website or mobile application (as the case may be) implies an acceptance of the terms and conditions.
- www.fixorshub.com is owned and operated by FixorsHuB, a business registered in Nigeria with the Corporate Affairs Commission.
- FixorsHub (herein and subsequently referred to as "the Company”, "Website”, "we", "our" or "us") or any reference to "the Company", "we", "our" or "us" shall include our officers, employees, authorised representatives, directors, agents, entities and partners.
- FixorsHub reserves 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.
- ACCOUNT REGISTRATION
- In order to use certain features of the website or mobile app, User may need to register an account (the “Account”) and provide certain information about yourself as prompted by the registration form.
- You may create an Account as an individual or as an authorized representative of a company.
- You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account and that you are fully responsible and liable for any activity performed using your Account access details.
- You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- POSTED CONTENT AND INTELLECTUAL PROPERTY RIGHTS
- Any form of audio, videos, images, or other materials a User uploads on the Website is considered Posted Content. A User grants the company the non-exclusive, irrevocable, sub-licensable permission to use, reproduce, adapt, publish, translate, and distribute it in any form and media.
- When a user uploads content, they grant the Company a non-exclusive, worldwide, irrevocable, and sub-licensable license to utilize, reproduce, modify, publish, translate, and distribute the content in all forms of media.
- Posted Content must be owned by the User and shall not violate a third party's rights. The Company shall without recourse to the User, remove any of the User’s Posted Content from this Website at any time without notice.
- The Company shall not be liable for copyright violation for content posted by the user.
- Except for posted 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.
- 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.
- A User is granted limited rights only to utilize this Website or mobile application for the purpose approved by the company.
- 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.
- Prices attached to the Posted Contents for services shall be negotiable. Content by User shall contain precise and complete information about such services, as well as about the terms and conditions of the services provision. In particular, but without limitation, phone number associated with each announcement shall be reachable, which implies not only the ability to receive messages but also necessitates that the User shall be available to answer calls promptly. Failure to maintain an accessible and functional phone number may result in the temporary closure of the User's content.
- The terms and conditions of Posted Content developed by the User shall not interfere with these Terms and Conditions, and applicable laws.
- PROHIBITIONS
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- Users are expressly prohibited from the following:
i. use this Website for any objectionable, criminal, or unlawful purpose.
ii. 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.
iii. use the Website in any manner that would result in another User breaching any applicable legislation or licensing obligations or any obligations a User may owe to third parties.
iv. 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.
v. copy, collect, or save information about other Users.
vi. 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.
vii. stalk or harass anyone on the website or mobile app.
viii.attempt to disrupt or interfere with the Company Services or Services as delivered through the website.
ix. use the details of other Users for anything other than the use expressly permitted by those users.
x. download, access, use or harvest other Users’ details in bulk.
xi. pass on a user’s login details to anyone other than the authorized user of that account.
xii. remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website.
xiii.any use of this website or mobile app or its contents in a manner to contravene the laws and regulations, or in any way that may to cause harm to the website, mobile app, or to third parties.
xiv. 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 provide unauthorized interfaces to the Website.
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- 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.
- 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.
- NO WARRANTIES BY FIXORSHUB
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- This website is provided "as is,” with all faults, and the Company expresses no representations or warranties, express or implied, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement.
- 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.
- FixorsHub 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.
- FixorsHub cannot be held liable for any inaccurate information contained on the Website.
- FixorsHub has no control over and does not guarantee the true existence, quality, safety or legality of Posted Content and services published by users on the website and mobile app.
- WARRANTIES BY THE USER
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- The User warrants and represents that the information provided on the website 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.
- 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.
- The User hereby represents and warrants to us that you have reached the age of majority or are accessing the website or mobile app under the supervision of a parent or legal guardian. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.
- The User further warrants that when registering on the Website, it:
- is not impersonating any person or entity.
- is not violating any applicable law regarding the use of personal or identification information.
- is approved to create an account; and
- will provide, on-demand from our verification of such User’s credentials in such form as required by us.
- LIMIT OF LIABILITY AND INDEMNIFICATION
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- The use of the website will be at the risk of the User.
- 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.
- 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 usage 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.
- Notwithstanding the foregoing clauses, should the Company not be permitted to lawfully limit its liability as referred to in clause 11(c) 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.
- 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.
- A User is encouraged to check the review section of the website or mobile app before requesting the service of any particular client or goods before payment and to request the seller to provide documents confirming compliance of the goods with applicable requirements of laws, regulations, rules, guidelines, standards.
- Users acknowledge that they are solely responsible for their safety and that they should not meet or invite service providers to their homes or establishments when they are alone.
- Users understand that they are solely responsible for conducting due diligence of any individual or organization requesting a meeting to complete a transaction. The Company disclaims any responsibility for user’s interaction with any individual or organization.
- We may transfer and assign any and all of our rights and obligations under these Terms and Conditions to any other person, by any way, including by novation, and by accepting these Terms you give us consent to any such transfer or assignment.
- 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.
- GOVERNING LAW
These General Terms and Conditions relationship between the User and the Company shall be regulated entirely by the laws of the Federal 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.
TERMS OF SERVICE BETWEEN FIXORSHUB AND CLIENTS
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- These terms of service constitute a binding and enforceable legal contract between FixorsHub and you (the Client).
- Your continued access and use of the website or mobile application (as the case may be) implies an acceptance of the terms of service.
- www.fixorshub.com is owned and operated by FixorsHuB, a business registered in Nigeria with the Corporate Affairs Commission.
- FixorsHub (herein and subsequently referred to as "the Company”, "Website”, "we", "our" or "us") or any reference to "the Company", "we", "our" or "us" shall include our officers, employees, authorised representatives, directors, agents, entities and partners.
- FixorsHub reserves the right without prior notice to amend the terms of service within the existing laws and regulations of the Federal Republic of Nigeria. A Clien’s continued use of the website indicates an acceptance of the amendments.
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- DEFINITION OF TERMS
- 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.
- "Client” shall mean either a natural person or an entity that acquires Services through the website or mobile app, alternatively engages a Service Provider hereafter referred to ‘’SP’’ after making first contact through the website to have services rendered.
- "Client Terms of Service” shall mean these terms of service.
- "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 or mobile app.
- The services being provided by the SP are purely transactional and not subjec to the formal sector fee regulation laws of Nigeria.
- "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.
- "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.
- "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.
- "Party” or "Parties” shall mean the Company or the Client, or both, as the context implies.
- "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.
- "Services” shall mean SP Services.
- "Service Contract” shall mean the provision of short-term spot hire and temporary engagement services between Client and SP using the company website or mobile app. The contract is deemed active when the Client engages a SP for any service.
- "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.
- "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.
- "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.
- ‘’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’’.
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- ELIGIBILITY
- You will not use the website/mobile app if you:
- are not able to form legally binding contracts;
ii. are under the age of 18;
iii. a person barred from receiving and rendering services under the laws of Nigeria;
iv. are suspended from using the Website; or
v. do not hold a valid email address.
- All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
- In certain cases, a person over 15 but under 18 can use an adult's account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation.
- We may, at our absolute discretion, refuse to register any person or entity as a Client.
- You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
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- REGISTRATION PROCESS FOR A CLIENT
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- Only a Client may acquire the Services through the website.
- 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.
- You may create an Account as an individual or as an authorized representative of a company.
- You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account and that you are fully responsible and liable for any activity performed using your Account access details.
- You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
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- AGREEMENT TO THESE CLIENT TERMS OF SERVICE
- 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.
- 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.
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- COMMUNICATING THROUGH THE SITE; NOT SHARING CONTACT DETAILS
- Prior to entering into a Service Contract, you agree to communicate with other Users and SP exclusively through FixorsHub.
- Clients agree to use the communication services available on the website or mobile app to communicate with SP prior to entering a Service Contract.
- You agree that prior to entering into a Service Contract, you:
i. will use the website or mobile app as the sole manner to communicate with other Users and SP;
ii. will not provide your direct contact such as email address, phone number, WhatsApp contact and other social media handles to any other User or SP
iii. will not ask for, provide, or attempt to identify through public means the contact information of another User or SP; and
iv will not include any means of direct contact or means by which your contact information could be discovered in any profile, proposal, job posting, invitation, or pre-hire communication through the website’s communications services (including in each case in any attached file), except as otherwise provided on the website.
- You acknowledge and agree that a violation of this Section is a material breach of the Terms of Service and your Account may be permanently suspended for such violations.
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- CONTRACTUAL RELATIONSHIP BETWEEN CLIENT AND SERVICE PROVIDERS
- Clients are responsible for deciding whether to engage the service of a SP and for determining what the terms of those engagement will be.
- If a Client and a SP decides to enter a Service Contract, the contract is a contractual relationship directly between the Client and the SP; FixorsHub is not responsible for and is not a party to any Service Contract and under no circumstances will any such contract create an employment or any service relationship between FixorsHub and any Client or SP.
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- RELEASE
- You agree not to hold FixorsHub responsible for any dispute you may have with another User or SP.
- In recognition of the fact that FixorsHub is not a party to any contract between Users, you hereby release FixorsHub and our officers, directors, agents, subsidiaries, joint ventures, or employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User or SP, whether it be at law or in equity that exist as of the time you enter into this Agreement.
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- INDEMNIFICATION
- In addition to the Limit of Liability and Indemnification in the General Terms and Conditions (which are available here: https://www.fixorshub.com/terms-and-conditions), if you do something using our Services that gets us sued or fined, you agree to cover our costs or losses.
- You will indemnify, defend, and hold harmless FixorsHub and our respective directors, officers, employees, representatives, and agents for all Claims and Liabilities relating to or arising out of:
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- your or your agents’ use of the Services, including any payment obligations or default incurred through use of the Services;
- any Service Contract entered into by you;
- your failure to comply with the Terms of Service;
- your failure to comply with applicable law;
- negligence, willful misconduct, or fraud by you or your agents; and
- you or your agents’ violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights. For purposes of this Section, your agents include any person who has apparent authority to access or use your account demonstrated by using your username and password.
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- INVOICING AND PAYMENT OF THE FEES IN RESPECT OF SP SERVICES
- The Company may render invoices to the Client in respect of the Fees due in respect of the Services performed by the SP, and the invoices may contain the amount due, the VAT to mention a few.
- Client shall deposit the full fees in advance and prior to the commencement of the service.
- The Client will make all payments to the Company by means of electronic bank transfer into the bank account nominated by the Company or through automated card payment, with proof of payment being transmitted to the Company.
- Client shall have three days to review or rate the services consumed and approve payment to the SP.
- In the event Client calls off an already 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 cost incurred by the SP. However, where no cost has been incurred by the SP, a Client shall be refunded the full amount deposited.
- 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 within 10 working days. In cases where the Company is not able to resolve a dispute in 10 days the reason will be communicated to the Client.
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- NON-CIRCUMVENTION OF THE COMPANY
- The Client undertakes that should it be placed in contact with a 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.
- You agree to exclusively use FixorsHub to make payments for work that arises out of a relationship you made through the website or mobile app for two years from the date you first established the relationship.
- You agree to notify FixosHub immediately a SP suggests making or receiving payments other than through the website or if you receive unsolicited contact outside of the website. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to support@fixorshub.com.
- You acknowledge and agree that a violation of this Section is a material breach of the Terms of Service, and may result in your Account being permanently suspended.
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- WARRANTIES AND REPRESENTATIONS
- The Company hereby warrants and represents to the Client that:
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- 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.
- 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.
- 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.
- it has adequate facilities/infrastructure to comply with its obligations in terms of the Client Terms of Service.
- 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.
- it has taken all necessary corporate and/or internal action to authorize the execution and performance of the Client Terms of Service.
- it has the capacity and authority to provide the representations, warranties, and undertakings contained in the Client Terms of Service.
- it shall provide the Company Services contained in the Client's Terms of Service in a cost-effective manner and in a manner which ensures that the Client receives "value for money”; and
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- POSTED CONTENT
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. You can learn more on Posted Content under General Terms and Conditions here: https://www.fixorshub.com/terms-and-conditions.
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- CESSATION OF THE COMPANY SERVICES
- 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 the following reasons but not limited to 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.
- 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.
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- 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.
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- SAFETY PROCEDURES
- 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.
- 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.
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- VARIATION
Contract variation is possible with the consent of the Company. Variations must pass through the Company and an updated Invoice issued by the SP.
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- NO WAIVER
No waiver of any breach of any provision of these terms of service shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of these terms of service.
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- FORCE MAJEURE
- 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.
- 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.
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- ASSIGNMENT
You hereby agree that FixorsHub may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of service.
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- DATA PRIVACY
- Clients agree to processing of their personal data in accordance with the Data Protection Act 2023.
- FixorsHub shall process all personal data obtained through the website or mobile app in accordance with the Data Protection Act 2023.
- SP shall be directly responsible to buyers for any misuse of their personal data and FixorsHub shall bear no liability to buyers in respect of any misuse by SP of their personal data.
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- GOVERNING LAW
These Terms of Service shall be regulated entirely by the laws of the Federal 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.
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- Contact Us
If you have any questions or concerns about these Terms of Service, please contact us at support@fixorshub.com.
General Terms and Conditions
PLEASE READ.
THE GENERAL TERMS AND CONDITIONS BETWEEN FIXORSHUB ‘’THE COMPANY’’ AND ‘’THE USER’’
1. These terms and conditions constitute a binding and enforceable legal contract between FixorsHub and you (the user).
2. Your continued access and use of the website or mobile application (as the case may be) implies an acceptance of the terms and conditions.
3. www.fixorshub.com is owned and operated by FixorsHuB, a business registered in Nigeria with the Corporate Affairs Commission.
4. FixorsHub (herein and subsequently referred to as "the Company”, "Website”, "we", "our" or "us") or any reference to "the Company", "we", "our" or "us" shall include our officers, employees, authorised representatives, directors, agents, entities and partners.
5. FixorsHub reserves 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.
6. ACCOUNT REGISTRATION
a. In order to use certain features of the website or mobile app, User may need to register an account (the “Account”) and provide certain information about yourself as prompted by the registration form.
b. You may create an Account as an individual or as an authorized representative of a company.
c. You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account and that you are fully responsible and liable for any activity performed using your Account access details.
d. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
7. POSTED CONTENT AND INTELLECTUAL PROPERTY RIGHTS
a. Any form of audio, videos, images, or other materials a User uploads on the Website is considered Posted Content. A User grants the company the non-exclusive, irrevocable, sub-licensable permission to use, reproduce, adapt, publish, translate, and distribute it in any form and media.
b. When a user uploads content, they grant the Company a non-exclusive, worldwide, irrevocable, and sub-licensable license to utilize, reproduce, modify, publish, translate, and distribute the content in all forms of media.
c. Posted Content must be owned by the User and shall not violate a third party's rights. The Company shall without recourse to the User, remove any of the User’s Posted Content from this Website at any time without notice.
d. The Company shall not be liable for copyright violation for content posted by the user.
e. Except for posted 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.
f. 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.
g. A User is granted limited rights only to utilize this Website or mobile application for the purpose approved by the company.
h. 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.
i. Prices attached to the Posted Contents for services shall be negotiable. Content by User shall contain precise and complete information about such services, as well as about the terms and conditions of the services provision. In particular, but without limitation, phone number associated with each announcement shall be reachable, which implies not only the ability to receive messages but also necessitates that the User shall be available to answer calls promptly. Failure to maintain an accessible and functional phone number may result in the temporary closure of the User's content.
j. The terms and conditions of Posted Content developed by the User shall not interfere with these Terms and Conditions, and applicable laws.
8. PROHIBITIONS
a. Users are expressly prohibited from the following:
i. use this Website for any objectionable, criminal, or unlawful purpose.
ii. 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.
iii. use the Website in any manner that would result in another User breaching any applicable legislation or licensing obligations or any obligations a User may owe to third parties.
iv. 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.
v. copy, collect, or save information about other Users.
vi. 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.
vii. stalk or harass anyone on the website or mobile app.
viii.attempt to disrupt or interfere with the Company Services or Services as delivered through the website.
ix. use the details of other Users for anything other than the use expressly permitted by those users.
x. download, access, use or harvest other Users’ details in bulk.
xi. pass on a user’s login details to anyone other than the authorized user of that account.
xii. remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website.
xiii.any use of this website or mobile app or its contents in a manner to contravene the laws and regulations, or in any way that may to cause harm to the website, mobile app, or to third parties.
xiv. 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 provide unauthorized interfaces to the Website.
b. 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.
c. 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.
d. Any User Login Details provided for this website must be kept confidential by the User and it is their responsibility to maintain their confidentiality.
9. NO WARRANTIES BY FIXORSHUB
a. This website is provided "as is,” with all faults, and the Company expresses no representations or warranties, express or implied, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement.
b. 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.
c. FixorsHub 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.
d. FixorsHub cannot be held liable for any inaccurate information contained on the Website.
e. FixorsHub has no control over and does not guarantee the true existence, quality, safety or legality of Posted Content and services published by users on the website and mobile app.
10. WARRANTIES BY THE USER
a. The User warrants and represents that the information provided on the website 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.
b. 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.
c. The User hereby represents and warrants to us that you have reached the age of majority or are accessing the website or mobile app under the supervision of a parent or legal guardian. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.
d. The User further warrants that when registering on the Website, it:
i. is not impersonating any person or entity.
ii. is not violating any applicable law regarding the use of personal or identification information.
iii. is approved to create an account; and
iv. will provide, on-demand from our verification of such User’s credentials in such form as required by us.
11. LIMIT OF LIABILITY AND INDEMNIFICATION
a. The use of the website will be at the risk of the User.
b. 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.
c. 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 usage 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.
d. Notwithstanding the foregoing clauses, should the Company not be permitted to lawfully limit its liability as referred to in clause 11(c) 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.
e. 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.
f. A User is encouraged to check the review section of the website or mobile app before requesting the service of any particular client or goods before payment and to request the seller to provide documents confirming compliance of the goods with applicable requirements of laws, regulations, rules, guidelines, standards.
g. Users acknowledge that they are solely responsible for their safety and that they should not meet or invite service providers to their homes or establishments when they are alone.
h. Users understand that they are solely responsible for conducting due diligence of any individual or organization requesting a meeting to complete a transaction. The Company disclaims any responsibility for user’s interaction with any individual or organization.
i. We may transfer and assign any and all of our rights and obligations under these Terms and Conditions to any other person, by any way, including by novation, and by accepting these Terms you give us consent to any such transfer or assignment.
12. 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.
13. GOVERNING LAW
These General Terms and Conditions relationship between the User and the Company shall be regulated entirely by the laws of the Federal 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.
TERMS OF SERVICE BETWEEN FIXORSHUB AND SERVICE PROVIDERS
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- These terms of service constitute a binding and enforceable legal contract between FixorsHub and you (Service Provider).
- Your continued access and use of the website or mobile application (as the case may be) implies an acceptance of the terms of service.
- www.fixorshub.com is owned and operated by FixorsHuB, a business registered in Nigeria with the Corporate Affairs Commission.
- FixorsHub (herein and subsequently referred to as "the Company”, "Website”, "we", "our" or "us") or any reference to "the Company", "we", "our" or "us" shall include our officers, employees, authorised representatives, directors, agents, entities, and partners.
- FixorsHub reserves the right without prior notice to amend the terms of service within the existing laws and regulations of the Federal Republic of Nigeria. A Service Provider’s continued use of the website indicates an acceptance of the amendments.
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- DEFINITION OF TERMS
- The definition of terms in the Client Terms of Service and General Terms and Conditions apply herein.
- "Services” shall mean SP Services.
- "Service Contract” shall mean the provision of short-term spot hire and temporary engagement services between Client and SP using the company website or mobile app. The contract is deemed active when the Client engages a SP for any service.
- Service Fee means the same thing as Commission. It is the fee charged by the Company for giving the SP access to the website or mobile app.
- Service Provider "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.
- "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.
- "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.
- "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.
- ‘’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’’.
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- ELIGIBILITY
- You will not use the website/mobile app as a SP if you:
- are not able to form legally binding contracts;
ii. are under the age of 18;
iii. a person barred from receiving and rendering services under the laws of Nigeria;
iv. you do not have a valid government issued Identity Card, National Identity Number and Bank Verification Number.
v. are suspended from using the Website;
vi. do not hold a valid email address; or
vii. have not submitted a duly executed Guarantor’s Form (template provided by FixorsHub).
- Your account will be under review until you submitted a duly executed Guarantor’s Form (template provided on by FixorsHub).
- All Service Provider (“SP”) accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
- We may, at our absolute discretion, refuse to register any person or entity as a SP.
- You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent of FixorsHub.
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- REGISTRATION PROCESS FOR A SERVICE PROVIDER
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- Only a registered SP may provide services through the website or mobile app.
- To register as SP, a Browser will, through the Registration Process, be prompted to provide Log in Details as well as submit certain personal information.
- You may create an Account as an individual or as an authorized representative of a company.
- You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account and that you are fully responsible and liable for any activity performed using your Account access details.
- You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- SP in industries where services cannot be rendered by a single individual should register as a company and every employee of the company should have a company identity card.
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- AGREEMENT TO THESE SERVICE PROVIDER’S TERMS OF SERVICE
- The Company grants the SP a limited, revocable, non-transferable license to access and use the Website in accordance with the Terms which may govern such use and access.
- To the extent that there exists any inconsistency between the terms of the Service Providers 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.
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- COMMUNICATING THROUGH THE WEBSITE; NOT SHARING CONTACT DETAILS
- Prior to entering into a Service Contract, you agree to communicate with other Users and Clients exclusively through FixorsHub.
- You agree to use the communication services available on the website to communicate with Clients prior to entering a Service Contract.
- You agree that prior to entering into a Service Contract, you:
i. will use the website or mobile app as the sole manner to communicate with other Users and Clients;
ii. will not provide your direct contact such as email address, phone number, WhatsApp contact and other social media handle to any other User or Client.
iii. will not ask for, provide, or attempt to identify through public means the contact information of another User or Client; and
iv will not include any means of direct contact or means by which your contact information could be discovered in any profile, proposal, job posting, invitation, or pre-hire communication through the website’s communications services (including in each case in any attached file), except as otherwise provided on the website.
- You acknowledge and agree that a violation of this Section is a material breach of the Terms of Service and your Account may be permanently suspended for such violations.
- CONFIDENTIAL INFORMATION
- SP agrees to keep all Client information (e.g. phone number, email, home address etc) as confidential information.
- SP will take reasonable steps to keep that information confidential. If SP uses a register for keeping record of his/her customers such register shall be used for official purposes only and shall not be made available to the public or to other Clients on the website or mobile app.
- On a Client’s written request, SP will promptly destroy or return the Confidential Information and any copies of it contained in or on its premises, systems, or any other equipment otherwise under its control. SP specifically agree that this Section applies to information exchanged for purposes relating to evaluating whether to enter into a Service Contract, even if such contract is never agreed to.
- NON-CIRCUMVENTION OF THE COMPANY
- The SP undertakes that should it be placed in contact with a Client through the Website or Company, 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 a SP do such, the SP 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, or banned from the website.
- You agree to exclusively use FixorsHub to render services to a Client you met through the website or mobile app for two years from the date you first established the relationship.
- You agree to notify FixosHub immediately a Client suggests making or receiving payments other than through the website or if you receive unsolicited contact outside of the website. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to support@fixorshub.com.
- You acknowledge and agree that a violation of this Section is a material breach of the Terms of Service, and may result in your Account being permanently suspended.
- You agree that you will not offer or solicit or accept any offer or solicitation from parties identified through the webite to contract, hire, invoice, pay, or receive payment in any manner other than through the website.
- You agree that you will not refer a Client you identified on the website to a third party who is not a User of the website for purposes of making or receiving payments other than through the website.
- RELEASE
- You agree not to hold FixorsHub responsible for any dispute you may have with another User, SP or Client.
- In recognition of the fact that FixorsHub is not a party to any contract between Users, you hereby release FixorsHub and our officers, directors, agents, subsidiaries, joint ventures, or employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity that exist as of the time you enter into this Agreement.
- INDEMNIFICATION
- In addition to the Limit of Liability and Indemnification in the General Terms and Conditions (which are available here: https://www.fixorshub.com/terms-and-conditions), if you do something using our Services that gets us sued or fined, you agree to cover our costs or losses.
- You will indemnify, defend, and hold harmless FixorsHub and our respective directors, officers, employees, representatives, and agents for all Claims and Liabilities relating to or arising out of:
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- your or your agents’ use of the Services, including any payment obligations or default incurred through use of the Services;
- any Service Contract entered into by you;
- your failure to comply with the Terms of Service;
- your failure to comply with applicable law;
- negligence, willful misconduct, or fraud by you or your agents; and
- you or your agents’ violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights. For purposes of this Section, your agents include any company employee for company account and/or any person who has apparent authority to access or use your account demonstrated by using your username and password.
- CESSATION OF THE COMPANY SERVICES
- 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 the following reasons but not limited to gross misconduct, receiving over three complaints by Clients, breach of the Terms of Service, incapacity, dishonesty and/or any other offense committed by the SP in terms of the law.
- At the cessation of these Terms of Service, the SP will only be entitled to the amount due in respect of Services already rendered and for which the Company has received payment.
- SAFETY PROCEDURES
- The Company shall comply with all the safety, health, and security policies and any applicable safety laws and regulations, including, but not limited to, the Occupational Health and Safety.
- The SP 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.
- PAYMENTS FOR SERVICES RENDERED AND PART PAYMENT
- SP understands that Clients make all payments to the Company by means of electronic bank transfer into the bank account nominated by the Company or through automated card payment, with proof of payment being transmitted to the Company.
- Upon entering a Service Contract with a Client, payment is made by Client to the Company and the SP is notified. Thereafter, Client’s details are released to the SP who then proceeds to execute the service.
- SP will be paid on the fourth day after execution of the Service and there is no complain or dispute raised by the Client.
- A Verified SP who has executed and uploaded a Guarantor’s Form to the Company will be eligible to advance payment to buy materials for the execution of the Service.
- In the event Client calls off an already commenced service or is not satisfied with the Service, the SP has a right to open a dispute. The Company shall resolve all disputes within 10 working days. In cases where the Company is not able to resolve a dispute in 10 working days the reason will be communicated to the SP.
- Based on the resolution of the dispute, appropriate funds will be released to the SP, but in the even the dispute was resolved entirely against the SP no funds will be released and the advance on material would be the only payment received for the service.
- If SP was not paid an advance for materials and a dispute was resolved entirely against the SP, he/she would be refunded a reasonable fee for materials already bought and used.
- SERVICE FEES
- SP agrees to pay a service fee of 10% to the Company for any concluded transaction conducted through the website/mobile app.
- When a Client pays a SP for a service via the website, the Company will credit the SP Account for the full amount paid less Service Fee.
- SP hereby irrevocably authorizes and instructs FixorsHub to deduct the Service Fee upfront.
- TAXES
Where applicable, the Company may also collect taxes (such as VAT or withholding tax) on the monies payable to the SP. However, Service Fees are exclusive of taxes.
- DUE DILIGENCE AND AUDIT RIGHTS
- We operate an anti-fraud and anti-money laundering compliance program and reserve the right to perform due diligence checks on all SP.
- You agree to provide to us all such information documentation and access to your business premises as we may require:
- in order to verify your adherence to and performance of your obligations under these terms of service;
- for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
- as otherwise required by law or applicable regulation.
- NO WAIVER
No waiver of any breach of any provision of these terms of service shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of these terms of service.
- ASSIGNMENT
- You hereby agree that FixorsHub may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of service.
- You may not without our prior written consent assign transfer sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.
- DATA PRIVACY
- Clients agree to processing of their personal data in accordance with the Data Protection Act 2023.
- FixorsHub shall process all personal data obtained through the website or mobile app in accordance with the Data Protection Act 2023.
- SP shall be directly responsible to buyers for any misuse of their personal data and FixorsHub shall bear no liability to buyers in respect of any misuse by SP of their personal data.
- GOVERNING LAW
These General Terms and Conditions relationship between the SP and the Company 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 and / Arbitration.
- Contact Us
If you have any questions or concerns about these Terms of Service, please contact us at support@fixorshub.com.