General Terms and Conditions

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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.  

 

  1. ACCOUNT REGISTRATION
    1. 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.
    2. You may create an Account as an individual or as an authorized representative of a company.
    3. 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.
    4. 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.

 

  1. POSTED CONTENT AND INTELLECTUAL PROPERTY RIGHTS 

 

  1. 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.
  2. 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.
  3. 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.
  4. The Company shall not be liable for copyright violation for content posted by the user.
  5. 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.
  6. 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.
  7. A User is granted limited rights only to utilize this Website or mobile application for the purpose approved by the company.
  8. 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.
  9. 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.
  10. The terms and conditions of Posted Content developed by the User shall not interfere with these Terms and Conditions, and applicable laws.
  1.  PROHIBITIONS

 

    1. 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.

    1. 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.
    2. 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.
    3. Any User Login Details provided for this website must be kept confidential by the User and it is their responsibility to maintain their confidentiality. 

 

  1. NO WARRANTIES BY FIXORSHUB

 

    1. 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.
    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.
    3. 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. 
    4. FixorsHub cannot be held liable for any inaccurate information contained on the Website.   
    5. 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.

 

  1. WARRANTIES BY THE USER

 

    1. 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.
    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.
    3. 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. 
    4. The User further warrants that when registering on the Website, it:
      1. is not impersonating any person or entity.
      2. is not violating any applicable law regarding the use of personal or identification information.
      3. is approved to create an account; and
      4. will provide, on-demand from our verification of such User’s credentials in such form as required by us. 

 

  1. LIMIT OF LIABILITY AND INDEMNIFICATION

 

    1. The use of the website will be at the risk of the User.
    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.
    3. 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.
    4. 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.
    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.
    6. 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.
    7. 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.
    8. 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.
    9. 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.

 

  1.  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.

  1. 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

 

    1. These terms of service constitute a binding and enforceable legal contract between FixorsHub and you (the Client).
    2. Your continued access and use of the website or mobile application (as the case may be) implies an acceptance of the terms of service.
    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 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.  

 

    1. DEFINITION OF TERMS

 

  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.
  2. "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.
  3. "Client Terms of Service” shall mean these terms of service.
  4. "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.
  5. The services being provided by the SP are purely transactional and not subjec to the formal sector fee regulation laws of Nigeria.
  6. "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.
  7. "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.
  8. "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.
  9. "Party” or "Parties” shall mean the Company or the Client, or both, as the context implies.
  10. "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.
  11. "Services” shall mean SP Services.
  12. "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.   
  13. "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. 
  14. "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.
  15. "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.
  16. ‘’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’’.   

 

    1. ELIGIBILITY

 

  1. You will not use the website/mobile app if you:
  1. 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.

  1. 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.
  2. 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.
  3. We may, at our absolute discretion, refuse to register any person or entity as a Client.
  4. You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.

 

    1. REGISTRATION PROCESS FOR A CLIENT
    1. OnlyClient may acquire the Services through the website.
    2. 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.
    3. You may create an Account as an individual or as an authorized representative of a company.
    4. 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.
    5. 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.
    1. AGREEMENT TO THESE CLIENT TERMS OF SERVICE

 

  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.
  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.

 

    1. COMMUNICATING THROUGH THE SITE; NOT SHARING CONTACT DETAILS

 

  1. Prior to entering into a Service Contract, you agree to communicate with other Users and SP exclusively through FixorsHub.
  1. Clients agree to use the communication services available on the website or mobile app to communicate with SP prior to entering a Service Contract.
  2. 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.

  1. 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.

 

            1. CONTRACTUAL RELATIONSHIP BETWEEN CLIENT AND SERVICE PROVIDERS

 

  1. Clients are responsible for deciding whether to engage the service of a SP and for determining what the terms of those engagement will be. 
  2. 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.

 

 

            1. RELEASE

 

  1. You agree not to hold FixorsHub responsible for any dispute you may have with another User or SP.
  2. 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.

 

            1. INDEMNIFICATION

 

  1. 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.
  2. 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:
      1. your or your agents’ use of the Services, including any payment obligations or default incurred through use of the Services;
      2. any Service Contract entered into by you;
      3. your failure to comply with the Terms of Service;
      4. your failure to comply with applicable law;
      5. negligence, willful misconduct, or fraud by you or your agents; and
      6. 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.

 

            1. INVOICING AND PAYMENT OF THE FEES IN RESPECT OF SP SERVICES
  1. 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.
  2. Client shall deposit the full fees in advance and prior to the commencement of the service.
  3. 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.
  4. Client shall have three days to review or rate the services consumed and approve payment to the SP.
  5. 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.
  6. 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 daysIn cases where the Company is not able to resolve a dispute in 10 days the reason will be communicated to the Client.

 

            1.  NON-CIRCUMVENTION OF THE COMPANY
  1. 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.
  2. 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.
  3. 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.
  4. 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.
            1. WARRANTIES AND REPRESENTATIONS
  1. The Company hereby warrants and represents to the Client that:
      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.
      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.
      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.
      4. it has adequate facilities/infrastructure to comply with its obligations in terms of the Client Terms of Service.
      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.
      6. it has taken all necessary corporate and/or internal action to authorize the execution and performance of the Client Terms of Service.
      7. it has the capacity and authority to provide the representations, warranties, and undertakings contained in the Client Terms of Service.
      8. 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
            1. 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.

 

            1. CESSATION OF THE COMPANY SERVICES
  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 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.
  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.
            1. 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. 

            1. SAFETY PROCEDURES
  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.
  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. 
            1. 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.

            1. 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.

 

            1. FORCE MAJEURE
  1. 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.
  2. 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.
            1.  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.

            1. DATA PRIVACY
  1. Clients agree to processing of their personal data in accordance with the Data Protection Act 2023.
  2. FixorsHub shall process all personal data obtained through the website or mobile app in accordance with the Data Protection Act 2023.
  3. 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.
            1. 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.

 

            1. Contact Us

If you have any questions or concerns about these Terms of Service, please contact us at support@fixorshub.com.