Terms & Conditions

Please read our terms & conditions below

EaseFix Terms And Conditions

Please read the following Terms and Conditions carefully as they govern your use of our website https://easefix.com (“our site”) and our mobile application ‘easefix’. Do not use the website or mobile application unless you wish to be bound by these terms because, by continuing to use, you confirm your acceptance of these Terms of Use.

Last updated : June 2022

These terms of use refer to the following additional terms, which also apply to your use of our site:

1.       Website and mobile application Terms and Policies

2.       Homeowners and business owners Terms and Conditions, which sets out how homeowners and business owners may use the Service (the “Customer Terms and Conditions”)

3.       TradesPerson Terms and Conditions, which sets out how TradesPerson may use the Service (“TradesPerson Terms and Conditions”)

1. Website and mobile application Terms and Policies 

Who we are and how to contact us

Easefix.com is a site operated by easefix Ltd ("we"). Easefix Ltd a company registered in England and Wales with company number 11115771 with the registered address at 167-169 Great Portland Street, Fifth Floor, London, England, W1W 5PF

 

EaseFix connects residential and commercial property owners and or occupiers (‘customers’), to quality and reliable tradesperson covering all aspects of building repair/maintenance work (‘tradesperson’) in UK. We aim to make the process of instructing a tradesperson for building repair/maintenance work become simpler, reliable and financially competitive. Property owners and or occupiers will receive multiple competitive bids from carefully selected tradesperson’s to match the customer’s needs in your local area. Customers receive the best price for the job. In addition to matching property owners and or occupiers with tradespersons we price match the parts needed for your job and provide you with the cheapest price in your area for your part which you can purchase via our website.

 

To contact us, Please email info@easefix.com or write to us as 167-169, Great Portland Street, Fifth Floor, London, England, W1W 5PF.

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use, our privacy policy and you agree to comply with them. If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

 

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. 

 

 

 

 

 

 

We may make changes to our site

We may update and change our site from time to time to reflect changes to our Service, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

 

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

Our site is only for users in the UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

 

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@easefix.com.

 

Use of information

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

 

 

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

 

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Do not rely on information on this site

The vast majority of the material on our website originates from our users and we have little or no editorial control over the material. We therefore cannot guarantee the accuracy, timeliness, completeness, performance or fitness for any particular purpose of the material available through our website. We cannot accept responsibility for errors, omissions, or inaccurate material available through the website, and make no warranty that the website will be uninterrupted or error free, or that any defects will be corrected.

 

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

 

Websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. It is not possible for us to review all websites which are linked to our website. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

 

We have no control over the contents of those sites or resources. We cannot accept liability for any loss or damage that maybe suffered as a result of following any links.

 

User-generated content

This website may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

 

We are not responsible for reviewing or policing user content and so it is possible that some material may be offensive, harmful, inaccurate or otherwise inappropriate thus we urge you to exercise proper judgement and to use caution.

If you wish to complain about information and materials uploaded by other users please contact us on info@easefix.com.

 

Whether you are a consumer or a business user:

·        We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

 

If you are a business user:

·         We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

·         We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

§  use of, or inability to use, our site; or

§  use of or reliance on any content displayed on our site.

·  In particular, we will not be liable for:

§  loss of profits, sales, business, or revenue;

§  business interruption;

§  loss of anticipated savings;

§  loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

If you are a consumer:

·         Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

·         If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

 

Uploading content to our site

 

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in these terms.

 

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

 

Any content you upload to our site  will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.

 

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

 

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in these terms.

 

 

You are solely responsible for securing and backing up your content.

All content submitted to our site by you (or on your behalf), including without limitation, your name, biographical information and all other names, usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, code, and all other information and material shall be called your "User Content" for short.

 

Prohibited uses

 

You may use our site only for lawful purposes. You may not use our site:

·         In any way that breaches any applicable local, national or international law or regulation.

·           In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

·         For the purpose of harming or attempting to harm minors in any way.

·         To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below).

·         To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

·         To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

·         Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms.

o   Not to access without authority, interfere with, damage or disrupt:

·         any part of our site;

·         any equipment or network on which our site is stored;

·         any software used in the provision of our site; or

·         any equipment or network or software owned or used by any third party.

 

Rights, permissions and waivers

 

You hereby grant to us and any of our group companies and affiliates a non-exclusive, perpetual, irrevocable, transferable, royalty-free licence (including full rights to sub-license) to use, reproduce and publish your User Content (including, without limitation, the right to adapt, alter, amend or change your User Content) in any media or format (whether known now or invented in the future) throughout the world without restriction.

 

You warrant, represent and undertake to us that all User Content you submit is your own work or that you have obtained all necessary rights and permissions of the relevant owner of the work and that you have all relevant rights in your User Content to enable you to grant the rights and permissions in this clause.

Where your User Content contains images of people or names or identifies individuals, you warrant, represent and undertake to us as follows:

·         that all featured or identified individuals that are over the age of 18 and have expressly consented to their appearance in the User Content and to you submitting the User Content to our site, and

·         where featured or identified individuals are under the age of 18, that you either:

o   are the parent or legal guardian or such featured or identified individuals, or

o   have obtained the express consent from a parent or legal guardian of such featured or identified individuals to their appearance in the User Content and to you submitting the User Content to our Website.

You hereby unconditionally and irrevocably waive and agree not to assert (or procure the same from any third party where applicable) any and all moral rights and any other similar rights and all right of publicity and privacy in any country in the world.

 

Content standards

 

These content standards apply to any and all material which you contribute to our site ("contributions"), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

·         Be accurate (where they state facts).

·         Be genuinely held, where they state opinions (for example, feedback and reviews).

·         Comply with applicable law in the UK and in any country from which they are posted.

 

Contributions must not:

·         Contain any material which is defamatory of any person.

·         Contain any material which is obscene, offensive, hateful or inflammatory.

·         Promote sexually explicit material.

·         Promote violence.

·         Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

·         Infringe any copyright, database right or trade mark of any other person.

·         Be likely to deceive any person.

·         Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

·         Promote any illegal activity.

·         Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

·         Be likely to harass, upset, embarrass, alarm or annoy any other person.

·         Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

·         Give the impression that they emanate from us, if this is not the case.

·         Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

·         Upload any User Content which could be deemed to be unsolicited or unauthorised advertising, promotional material, junk mail, or spam (including without limitation chain letters, pyramid schemes or other forms of solicitation or advertisements, commercial or otherwise);

 

Suspension and termination

 

We will determine, in our discretion, whether there has been a breach of these terms through your use of our site. When a breach of these terms has occurred, we may take such action as we deem appropriate.

Failure to comply with the above acceptable use terms constitutes a material breach of these website terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

·         Immediate, temporary or permanent withdrawal of your right to use our site.

·         Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

·         Issue of a warning to you.

·         Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

·         Further legal action against you.

·         Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of the above acceptable use terms. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

 

Ratings and reviews on our site

 

All ratings and reviews of tradesperson displayed to you reflect the opinions of other Customers, and do not reflect or represent our opinions or representations. We do not assume responsibility or liability for any review or for any claims, damages, or losses resulting from any use of our site or the materials contained therein.

Users of our site may not include any material that may point others to another company, location or entity both online and offline that provides similar services to EaseFix. EaseFix reserves the right to remove or withhold any such material at any time which it considers fails to adhere with these Terms. We reserve the right to pursue legal recourse where losses have been suffered by us as a result of such actions.

 

Upon giving a review or rating, you are confirming that the information you are providing is both truthful and precise and based on your personal experience. You will also be affirming that your review is not slanderous, adheres to these terms and is ultimately subject to our discretion. When you post a review you will also be acknowledging that the material you are sharing is completely your own and not in the likeness of anyone else. You cannot use the words or name of another person unless permitted to do so.

 

By leaving a review or rating, you are consenting to us using the material you have provided in any manner that we may require. We also cannot guarantee that we will post your review once it has been submitted to us. Moreover, we reserve the right to remove reviews and ratings that are found to be unnecessarily disparaging without warning or explanation. 

 

All tradespersons are liable to receiving a review or rating from a Customer after a job has been booked or completed through our site. We do not permit reviews or ratings from employees of the tradesperson or any individuals that work in tandem with them. We also do not allow any reviews or ratings of the tradesperson to be posted by their competitors.

 

Your EaseFix account

 

By making an application to use the website as a Customer or a tradesperson, you agree and confirm:

·         all the information you have provided is accurate and correct and you are the person whose details you have provided;

·         you can enter into a legally binding agreement with us;

·         you will only use the website for the purposes as envisaged by these terms and the applicable Customer Terms or TradesPerson Terms and conditions;

·         you have provided a current address, telephone number and e-mail address and will notify us immediately if your contact details change;

·         in the case of an individual, you are 18 years of age or over and capable of taking responsibility for your own actions;

·         in the case of a company, LLP or partnership, you are duly authorised to act on its behalf; and

·         you authorise us, at any time, to use any means that we consider necessary to verify your identity with any third party providers of information. Please refer to the Privacy Policy for details of steps we may undertake to do this.

You must provide us with all information requested during the application process and comply with all our identification and anti-money laundering requirements (as applicable) to enable us to comply with all laws, regulations, rules and regulatory guidance applicable to the Service.

We reserve the right, in our sole discretion, to refuse to register you as a user of the Service for any reason.

 

When you register with us to use our website you will be given a EaseFix account and asked to set a password. You agree to keep any such password and EaseFix Account details strictly confidential and you must not disclose them to any third party. You agree to protect them in the same way as you would details of your bank account or your bank cards. Any failure to do so shall be at your sole risk and expense.

 

You agree that we are entitled to assume all correspondence, orders, transfers and instructions made by reference to your password and account number are made by you. You agree to inform us immediately by e-mail and by telephone if you know or suspect that any of your account information or password has been compromised or are being misused so that we may suspend your account.

 

We have the right to disable any EaseFix Account or password at any time if, in our reasonable opinion, you have failed to comply with any material provisions of these Terms.

Our Privacy Policy contains details of how we may use the personal information you provide to us when registering. You should read the Privacy Policy carefully before completing your registration or application. By continuing to use our site and the Service you consent to such use of your personal information.

 

Fees

 

As a Customer of the site, no fees are payable by you to use our website.

 

As a Tradesperson, various fees may be payable to us for our role in providing and administering the Service. Details of such fees can be found in the Tradesperson Termshttps://plentific.com/terms/pro-terms/ and Conditions.

 

We may waive or offer discounts on any of our fees to any person at any time in our sole and absolute discretion, taking into account any applicable legal obligations at all times.

 

We may change any of our fee rates from time to time to reflect legitimate cost increases or reductions in operating the Service or providing any services under these terms, the Customer Terms or the Tradesperson Terms. We will give you at least 30 days' notice of any change in our fees. Any such changes in fees will only affect provisions of our website to Customers made on and after the date on which the change is stated to take effect.

 

All fees are exclusive of any applicable value added tax or other taxes, for which the person paying the relevant fee shall be liable.

 

We are not responsible for viruses and you must not introduce them

 

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

 

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

Rules about linking to our site

 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

 

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

 

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these terms.

 

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

Our trade mark is registered

EaseFix is a UK registered trade mark. You are not permitted to use this without our approval, unless it is part of material you are using as permitted under our press section.

 

 

 

2. Customer Terms and Conditions

Last updated June 2022

1. INTRODUCTION

2. POSTING A JOB

3. SERVICES

4. FEES AND PAYMENT

5. CANCELATION

6. RESOLVING ISSUES 

7. LIABILITY

8. OUR RIGHT TO VARY THESE CUSTOMER TERMS

9. GENERAL

 

1. INTRODUCTION

 

1.1. Our Website is provided by EaseFix Ltd (“EaseFix”, “us”, “we”). EaseFix is a limited liability company registered in England and Wales, company number 11115771 and have our registered office at 167-169, Great Portland Street, Fifth Floor, London, England, W1W 5PF

 

1.2. Please read these customer terms and conditions (“Customer Terms and Conditions”) (as well as the website terms and conditions (“Website Terms and Policies”) carefully before you find and book services from local tradespersons via our website https://www.easefix.com (the “Website”) (the “Services”) as these will apply to your relationship with EaseFix and the tradesperson. Any person who purchases or receives the Services (a “Customer”) will be subject to these Customer Terms. Your attention is particularly drawn to the following:

 

·         The key information regarding Posting a Job (see clause 2).

·         How to reschedule a Job (see clause 2.10).

·         How to pay a TradesPerson and how money is transferred (see clause 4).

·         Terms regarding cancellations of Accepted bids (see clause 5).

·         How to resolve an issue if one arises (see clause 6).

·         We have a limit on our liability to you (see clause 7).


1.3. We recommend that you print a copy of these Customer Terms for future reference. For Accepted bids (defined below), if a tradesperson has their own Terms and Conditions and they would like you to accept such Terms and Conditions in addition to our Terms and Conditions, they must ask you to accept such terms before the commencement of the Services.

 

1.4. For the avoidance of doubt, in the event of any inconsistency between:

 

1.4.1. these Customer Terms; and

 

1.4.2. the tradesperson own tradesperson Terms and Conditions for the provision of the Services, the former will prevail and take precedence.

 

1.5. All Services available on the Website are offered by EaseFix on behalf of the tradesperson. That is, EaseFix posts your requests for Jobs and notifies the relevant tradesperson as operator and administrator of the Website. Therefore, we are not responsible or liable to you for the actual Services that are provided through the Website.

 

1.6. We amend these Customer Terms from time to time as set out in clause 9. Every time you Post a Job you accept the latest version of these Customer Terms, so please check these Customer Terms to ensure you understand the terms which will apply at that time.

 

1.7. If you have any questions about these Customer Terms, please contact our Customer Services Team by email at info@easefix.com.

 

2. POSTING A JOB

 

2.1. Once you have registered with us in accordance with the Website Terms and Policies, you will be provided with an online account (your “EaseFix Account”) from where you will be able to respond to bids.

 

2.2. The only way in which you can request for the provision of Services on the Website:

 

2.2.1. Posting a Job

  

2.3. You can post a job for the provisions of Services (“Job”) on the Website ("Post(ing) a Job").

 

2.4. Once you Post a Job in accordance with clause 2.3 above, EaseFix will notify tradesperson about your Job and tradesperson will have the opportunity to contact you and bid for that Job via the Website (“Bidding”). You may receive a number of bids from various tradesperson for the same Job. The number of bids you receive will be subject to price and the tradesperson availability. EaseFix is not responsible for the number of bids you receive when posting a job.

  

2.5. Subject to clause 2.4 above, tradesperson will contact you via the Website with bids. You may then accept a bid and a tradesperson will be notified.

 

 

 

Terms applicable to Posting Jobs

 

2.7. If you decide to contact the tradesperson using contact information obtained otherwise than through our Website, you undertake to inform the tradesperson that you were first prompted to contact them as a result of their listing on the Website. Our tradesperson are legally required to use our platform accept bids on jobs through EaseFix. We retain the right to terminate your account if we find that tradesperson are encouraged not to use the platform but instead go outside.

 

2.8. We have entered into agreements with each of the tradesperson with full profiles listed on the Website so that we can provide you with the information contained on the Website about them (including, in some circumstances, the prices for the provision of their services). Although we make reasonable efforts to ensure such information is accurate up to date and complete, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up-to-date. You should check all such information with each relevant tradesperson before agreeing to purchase their services.

 

2.9. If the tradesperson you contact via EaseFix indicates to us that they are unavailable to provide the service you have requested, you give us permission to contact other tradesperson we deem suitable on your behalf and provide them with your contact details unless you explicitly inform us otherwise.

 

2.10. Rescheduling Jobs:

 

2.10.1. If you wish to change the date and/or time of an Accepted Bid and you are still within your 14-day cancellation period (see clause 5), the tradesperson must endeavour to offer you a suitable alternative booking time and/or date without charge. In the event that a tradesperson is unable or unwilling to fulfil an Accepted Bid pursuant to your requesting such a change in accordance with this clause 2.10.1, you should contact the tradesperson and cancel the Accepted bid in accordance with clause 5 of these Customer Terms.

 

2.10.2. If you wish to change the date and/or time of an Accepted job bid, but your 14-day cancellation period has expired (see clause 5), you may make a change to the Services without charge up to 48 hours before the start date for the Services by contacting the tradesperson via the messaging service on dashboard of the Website. Where this means a change in the total price of the Services, EaseFix will notify you of the amended price via the dashboard. You can choose to cancel the Services in accordance with clause 5 in these circumstances. If you change the date the Accepted Bid is to be performed without giving 48 hours' notice, this will be treated as a cancellation and in these circumstances you agree to pay the cancellation charge as per clause 5.2.2. If your change is a reduction in the length of time required to complete a job, you agree to pay the original price specified in the initial confirmation email (see clauses 2.6 and 2.10) if you do not give at least 48 hours' notice of such change.

 

2.10.3. If a tradesperson wishes to change the date and/or time of an Accepted bid, in the event that you are unable or unwilling to agree to such change, you should contact the tradesperson and cancel the Accepted bid in accordance with clause 5 of these Customer Terms.

 

2.11. If you wish to cancel a Tradesperson Contract (i.e. if you wish to cancel an Accepted Bid), please refer to our cancellation policy in clause 5 below.

 

2.12. Please note, as set out in our Website Terms and Policies, we reserve the right to withdraw access to our Website and/or cancel any Job in the event that you fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your EaseFix Account.

 

2.13. EaseFix reserves the right to monitor and/or review any communications between tradesperson and Customers via the Website.

 

3. SERVICES

 

3.1. Tradesperson are under a legal duty to provide Services that are in conformity with the relevant tradesperson Contract.

 

3.2. Tradesperson must ensure that all information provided by them for display on their page of the Website is accurate, complete and not misleading in any way but we cannot verify the information which they provide to us. It will be each tradesperson’s responsibility to ensure that all of its Services listed on the Website are available and accurately described.

 

3.3. It is your (customer) sole responsibility to communicate in advance any specific conditions and/or special needs to the tradesperson that might affect or be affected by any Services (for example without limitation, specific household areas for the tradesperson to avoid). Subject to clause 7.3, if you fail to disclose any such information to the applicable tradesperson, neither EaseFix nor the relevant tradesperson shall be liable to you (or the recipient of the Services) for any injury, loss or damages resulting from the Services that could reasonably have been avoided if you (or the recipient of the Services) had disclosed that information prior to receiving the Services.

 

3.4. If you purchase a part via our website you are responsible for making sure that the part purchased is the correct part as advised by the tradesperson after the job has been accepted. The purchase of parts through our website does not bind us through any laws governing consumers. Any disputes arising out of any such purchase must be dealt with directly with the seller this includes but not limited to any injury sustained on handling the part or any damage caused by the part.

 

3.5. We will not be liable for any refund of parts which have been purchased through our website which are the wrong part or defective in anyway, the seller remain liable for any recourse that maybe available to you in accordance with consumer laws.

 

 

4. FEES AND PAYMENT

 

4.1. Prices in relation to bids are posted at the tradesperson’s own discretion. EaseFix does not monitor, endorse or recommend the prices posted by tradesperson via the Website. You accept such bids at your own discretion.

 

4.2. Prices of Services include VAT where applicable unless it is stated otherwise on the relevant page in relation to the relevant Services. It is the tradesperson’s responsibility to account for any VAT that may be chargeable for the Services and the tradesperson shall be liable for any VAT invalidly or incorrectly charged.

 

4.3. The Website contains details of a number of Services and it is possible that, despite EaseFix best efforts, some of the pricing and other information shown for certain Services is incorrect.

 

4.4. EaseFix payment service provider for the Payment Facility is Stripe. The entity responsible for the collection and processing of Personal Data for residents of the EEA and Switzerland is Stripe Payments Europe, Ltd., a company incorporated in Ireland and with offices at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin. To exercise your rights, the Data Protection Officer may be contacted via dpo@stripe.com.Stripe is headquartered in San Francisco, with offices in Dublin, London, Paris, Singapore, Tokyo, and more. Striped was launched in 2011. Company number 08480771. 

Please note that by accepting these Customer Terms and Conditions you are also accepting the Stripe terms and conditions appended to these terms at Appendix 1.

 

4.5. You will be responsible for protecting the confidentiality of your Website user ID and any password or other security information used by you to access your EaseFix Account or the Payment Facility. Any currency conversion costs or other charges incurred by you in making a payment will be borne by you in addition to the price due to us.

 

4.6. EaseFix takes reasonable care to ensure that the Payment Facility is available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such Payment Facility, nor can we guarantee that the facility is virus or error free. We use third party payment service providers to process payments and because there are many factors beyond our control (such as delays in the banking system or in card networks), we cannot predict or guarantee the amount of time needed to complete the processing of your payment. Access to the Payment Facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to such Payment Facility and will do what we can to restore the facility as soon as reasonably possible.

 

5. CANCELLATIONS

 

5.1. In addition to your other legal rights, you may in certain circumstances have the right to cancel a tradesperson Contract in accordance with the terms set out in this clause.

 

5.2. If you change your mind about an Accepted bid and wish to cancel it, the following cancellation terms apply:

5.2.1. If you cancel an Accepted bid you will have to reach a mutual agreement with the tradespersons to resolve any disputes on cancellation and EaseFix has no involvement what so ever between the customer and service provider after the job date has started.

5.3. Because EaseFix is not a party to tradesperson Contracts between you and the tradesperson, any dispute or conflict involving an actual or potential Job between you and a tradesperson, including the quality, condition or safety of the Services, the accuracy of the listing content on the Website, or your ability to pay for an Accepted bid, is solely the responsibility of each Customer. You understand and agree that you may be required to enter into separate tradesperson Terms and Conditions with a tradesperson before receiving Services related to an Accepted bid, and such tradesperson Terms and Conditions may place additional restrictions on your Accepted bid and cancellation or refund procedures.

5.4. We have the right to deduct a 10% cancellation fee from fees paid on our platform even if the cancellation request is within the 14 days period.

 

6. RESOLVING ISSUES 

 

6.1. We care about your experience and want to ensure we maintain the highest standards possible and so if you would like to make a complaint about a tradesperson or their Services, please email us at info@easefix.com or call us on +44 7404 304 510 and we'll do our best to help.

 

6.2. Further or alternatively, if you are unhappy with the Services received from a tradesperson pursuant to a Job, you can also:

 

6.2.1. Speak to the tradesperson yourself to try and resolve the issue; and/or

 

6.2.2. Leave an honest review on the Website or via the App to reflect your experience.

 

6.3. Please do bear in mind that while we take all complaints about our tradesperson very seriously and will always do what we can to help to resolve them, we are not responsible to you for the Service(s) which the tradesperson provide and are under no obligation to provide you with a refund in the event you are dissatisfied with Services which you have received from tradesperson.

 

6.4. Where there is any damage caused by the tradesperson in the course of completing the job, we shall not be liable for such damage and any recourse must be sought against the tradesperson, company, LLP or partnership.

 

 

 

 

7. LIABILITY

 

7.1. Where we have been negligent, we will be liable for any loss or damage you suffer as a result, provided that loss and/or damage is foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our negligence or breach of contract, or would have been considered by you and us to be a likely consequence of it at the time we entered into these Customer Terms.

 

7.2 We do not accept any liability for the conduct of the Tradesperson while they are completing your job or after completion, which includes any criminal activity that you may be directly or indirectly a victim of perpetrated by the Tradesperson.

 

7.2. We do not accept any liability for the following types of loss, whether caused by breach of contract, tort (including negligence) or otherwise, even if the loss is foreseeable: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; or waste of management or office time.

 

7.3. We do not exclude or limit our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under English law.

 

7.4. We do not accept liability for the quality of parts purchased through our website and do not provide any warranty as to their quality. The laws governing consumers do not apply to the purchase of parts through our website, the seller of the parts remains liable for the parts supplied and any recourse must be sought from the seller directly in accordance with the governing laws.

 

7.5. You will be responsible for checking that any certification is valid and up to date, we do not check for updates on certification after the Tradesperson has initially submitted it to us when subscribing with us. We will not be held liable for any work carried out that leads to losses as a result of the Tradesperson not holding a valid up to date certificate for the service that they are providing.

 

8. OUR RIGHT TO VARY THESE CUSTOMER TERMS

 

8.1. We may revise these Customer Terms from time to time in the following circumstances:

 

8.1.1. if we change the process for accepting payment from you;

 

8.1.2. if there are changes in relevant laws and regulatory requirements; and/or

 

8.1.3. if there are any other changes to our business that reasonably means we need to amend these Customer Terms.

 

8.2. Every time you order Services via the Website, the Customer Terms in force at that time (and available for view on the Website) will apply. You can find the date on which these Customer Terms were last updated at the top of this page.

 

9. GENERAL

 

9.1. All communications and notices from you must be sent to us by email at info@easefix.com or by post to: EaseFix Ltd, 167-169, Great Portland Street, Fifth Floor, London, England, W1W 5PF. We may communicate and give notice to you via post, email or by posting notices on the Website.

 

9.2. Please note our customer support hours are: 9.00 am to 5.00pm Monday to Friday, we are close on weekends and Bank Holidays (including Christmas Day and New Years’ Day).

 

9.3. If any of these Customer Terms are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

9.4. These Customer Terms will be governed by and construed in accordance with the laws of England. You and we each agree that the English courts will have exclusive jurisdiction over any claim or dispute arising from, or related to, the ordering and/or supply of Services via the Website.

 

Appendix 1

Stripe Terms and Conditions

 

3.TradesPerson Terms and Conditions

Last Updated: June 2019

1. DEFINITIONS

·         “Accepted Job” means a Job where Your bid has been accepted by the Customer (Homeowner or business owner)

·         Agreement” means these TradesPerson Terms;

§  “Charges” means all applicable amounts payable by You to EaseFix as defined

§  “Confidential Information” means confidential information as defined in clause 11 of this Agreement;

§  Customer (Homeowner or business owner) means any person who uploads a Job via the EaseFix Website

§  Customer (Homeowner or business owner) Terms & Conditions” means the EaseFix Customer Terms & Conditions found at https://www.easefix.com/terms.

§  “Effective Date” means the date on which You first log into the Website;

§  “Intellectual Property Rights” means all intellectual property rights on a world-wide basis whether currently in existence or otherwise and whether vested or contingent including (without limitation) copyright (including foreign language translation rights), design rights, database rights, rights to any domain names, registered designs, patents, trademarks, trade names, signs and other designations (provided the foregoing are of a proprietary nature), as well as all similar rights whether registered or otherwise (including, without limitation, all extensions, reversions, revivals and renewals thereof). The above shall include, in relation to registrable rights, any applications made or rights to make applications in respect of any such rights;

§  “Job” means a request for Services posted by the Customer via the EaseFix Website;

§  “Material Breach” means a breach (including an anticipatory breach) which is not minimal or trivial in its consequences to EaseFix. In deciding whether any breach is material no regard shall be had to whether it occurs by accident, mishap, mistake or misunderstanding;

§  “Payment Facility” means the online payment facility available via the Website provided by Stripe. The entity responsible for the collection and processing of Personal Data for residents of the EEA and Switzerland is Stripe Payments Europe, Ltd., a company incorporated in Ireland and with offices at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin. To exercise your rights, the Data Protection Officer may be contacted via dpo@stripe.com.Stripe is headquartered in San Francisco, with offices in Dublin, London, Paris, Singapore, Tokyo, and more. Striped was launched in 2011. Company number 08480771. Please note that by accepting these Customer Terms (Homeowner or business owner) and conditions you are also accepting the Stripe terms and conditions appended to these homeowners and business owner terms at Appendix 1.

§  “EaseFix” means EaseFix Ltd, a company registered in England and Wales under company number 11115771  and whose registered office is 167-169, Great Portland Street, Fifth Floor, London, England, W1W 5PF.

§  “TradesPerson” means the person or entity who registers to provide Services via the Website to Customers;

·         “TradesPersons Content” means any information, documentation, equipment, software, photographs or other material (which may include the TradesPerson name, logo and any other brand features and Intellectual Property Rights) which may be published on the Page(s);

·         “TradesPerson Page” means the section of the Website (including the tradesperson’s Easefix “homepage” and each page for the TradesPerson’s Services offered via the Website) along with any applicable page(s) and contents of the TradesPerson’s own website(s);

·         “TradesPerson Terms and Conditions” means Your terms and conditions of sale and/or terms of business (including without limitation the Pro’s privacy policy, booking policy, delivery policy, health and safety policy, and returns/refund policy, as applicable);

·         “Services” means the services provided by You to the Customers;

·         “Service Fee” means a Charge payable by a TradesPersons in respect of all Accepted Jobs

·         “BID” means a formal statement of promise submitted by You to the Customer in respect of the provision of the Services;

·         “You” means the tradesperson. “Your” has a corresponding meaning

·         “Website” means the website at https://www.easefix.com/home and all the tradesperson Page(s), content and sub-domains contained therein;

·         “Website Terms” means the easefix Website Terms of use found at https://www.easefix.com/terms.

2. INTRODUCTION

2.1 Please read this Agreement carefully before you begin providing the Services as it will apply to your relationship with EaseFix and the Customers. We recommend that you print a copy of this Agreement for future reference. If you do not agree (or cannot comply) with this Agreement, You must not provide the Services.

2.2 The acceptance of this Agreement also constitutes your acceptance of the third party terms and conditions appended to this Agreement.

2.3 We expect to need to update or amend this Agreement from time to time. We will make every effort to communicate these changes to you via e-mail or notification via the Website. By continuing to use the Website, you agree to be bound by the terms of any updates and amendments implemented. However, such amendments will not affect your Accepted Jobs in existence at the time of the change.

2.4 In respect of all Jobs, EaseFix is acting in its capacity as operator and administrator of the Website and nothing in this Agreement shall prevent or limit you from remaining fully responsible and liable for its provision and supply of Services to the Customers.

3. TRADESPERSON ACCOUNT AND VERIFICATION

3.1 Once you have registered in accordance with the Website Terms and Policies, You will be provided with an online account from where you will be able to respond to requests for Services.

3.2 Details of the type of online accounts currently on offer can be found on the Website. You should check the Website on a regular basis as such packages may be amended or varied from time to time.

3.3 In order to provide Bids or communicate with Customers via the Website you must populate your homepage/ profile page. Please ensure the following section are fully populated:

·           About

·           Gallery of your work

·           Profile Pic

·           Services you offer

·           Work Area

·           Certificates from authorised bodies

  • Certificate of adequate level of indemnity insurance for the service offered

3.4 Following the creation of your online account, you will be required to provide certain information about yourself and/or your business in order to pay to us via the Payment Facility.

4. BIDDING FOR JOBS

4.1 You will have an opportunity to bid for the Jobs posted by customers, which match your Service criteria via the Website. All bids must be submitted through the Website.

4.2 If your bid is accepted by a Customer, it will become an accepted job. We will request the customer to make payment for the job via our payment platform and this will be held on the platform (for a limited time) for the customer to authorise payment to be made to you.

5. CHARGES AND PAYMENT TERMS

5.1 You agree to pay all Charges under this Agreement as outlined below which shall be deduced from the payment made by the customer upon your bid being accepted:

Service Fee

A Service Fee will apply to all Your Accepted Bid jobs. The rate of service fee is based on a percentage of the bid accepted. (Excluding VAT). The service fee is capped at £150 plus VAT

TradesPerson’s pays a fee once the bid is accepted by the Customer ‘winning bid’

Fees paid depend on the value of the bid, using the following format unless promotional offers. In any case EaseFix fee will be displayed when placing bids. Below table is for reference only.

BID VALUE

RATE OF FEE

RANGE OF FEE PAID

0 - £100

4%

0 - £4.00

£100 - £500

10%

£10.00 - £50.00

£500 - £1000

12%

£60 - £120

£1000+

Capped

£150

 

 

 

 

 

 

 

All payments should be made via EaseFix payment platform

EaseFix shall not be liable for any failure by the Customer to pay any amount due to you in providing the service.

5.2 All Charges are subject to VAT where applicable.

5.3 EaseFix may at its sole discretion change the rate of any Charges by giving you 14 days’ notice.

5.4 For the avoidance of doubt failure to pay any Charges due in relation to this Agreement will result in the suspension or termination of your access to the Website and legal action for breach of contract.

5.6 If you commit a Material Breach of this Agreement You will not be entitled to a reimbursement of any Charges paid.

 

 

 

6. PAYMENT TO YOU

6.1 payment for the job will be made upon the customer authorising the payment via our website after it has been completed satisfactorily. The customer has 7 days from the completion of the job to authorise payment failing which we will automatically authorise the payment and this shall be made into you nominated account within 4 working days.

6.2 If the customer raises a complaint within 7 days of completion of the job, we have the right to withhold payment until the dispute is resolved. To prove that the dispute has been resolved both you and the customer will need to email us a joint signed letter, setting out that the dispute has been resolved and payment should be made. In the alternative you can email us a sealed court order made in your favour if the customer commences litigation against you because of the job.

6.2.1 If payment is held in our accounts due to a dispute, we will charge a further 10% (on top of the above %) by way of administration fee.

 

7. TRADESPERSONS OBLIGATIONS

7.1 You have the authority to enter into this Agreement.

7.2 You have all the necessary qualifications, trade memberships and professional experience required to provide the Services.

7.3 You hold the necessary liability insurance to indemnify for any losses or damage caused in delivering your service which includes but not limited to accidental damage and public liability insurance.

7.3 You will comply with all applicable laws relating to the provision of the Services under this Agreement.

7.4 You shall:

i) Comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including the Bribery Act 2010;

ii) Have and maintain in place your own policies and procedures to ensure compliance and enforce them where appropriate; and

iii) Promptly report to EaseFix any request or demand for any undue financial or other advantage of any kind received by you in connection with the performance of any Services under this Agreement.

7.5 You agree to pay all applicable Charges to EaseFix promptly and to supply Services to Customers with reasonable care and skill.

7.6 You must inform us immediately if you cease to provide any of the Services or if you increase, diversify or change the Services which you provide in any way.

7.7 In respect of all Accepted bids Jobs, You must comply with the cancellation policy set out in the Customer Terms.

7.8 If the Customer has not accepted a bid, you may withdraw your bid at any point before it becomes an Accepted bid Job. You must contact EaseFix and the Customer before making such a cancellation.

7.9 Rescheduling Jobs:

i) In the event that you are unable or unwilling to fulfil an Accepted bid Job, You shall refund the Customer the full amounts received from the Customer in respect of the Job.

ii) If the Customer wishes to change the date and/or time of an Accepted bid Job following the expiry of the cancellation period in accordance with the Customer Terms, then this is something you and the customer need to come to a mutual agreement and EaseFix has no involvement in this what so ever.

7.10 You are responsible for ensuring that all tradesperson Content that is published or provided to EaseFix to publish on the Website is accurate, correct and not misleading. You should always ensure that you have the right to use any photographs uploaded. Any breach of this clause will constitute a Material Breach of this Agreement.

7.11 In relation to all Jobs, You are responsible for obtaining Customer acceptance for any of your own tradesperson Terms and Conditions before the commencement of the Services, provided that such tradesperson Terms and Conditions are compliant with the Customer Terms and this Agreement. In the event of any inconsistency the following order of precedence will apply:

i) This Agreement;

ii) The Customer Terms;

iii) The tradesperson Terms and Conditions;

7.12 It is particularly drawn to your attention that a Customer, as a matter of law, will not be bound by any terms and conditions in respect of a Job if those terms and conditions were not brought to their attention prior to the commencement of the Services. You should bear this in mind when creating the tradesperson Content to include on your tradesperson Page. It is preferred by EaseFix that additional terms and conditions are included directly within the relevant tradesperson Page but if this is not reasonably possible then you may provide a link to a self-contained web page which sets out those terms and conditions clearly. Such self-contained web pages must:

i) Be no more than a single click away from your tradesperson Page; and

ii) Must not link directly or indirectly to any other website or web pages (including your own website).

7.13 You shall not solicit Customers to accept bids Jobs otherwise than through the Website.

7.14 Where a Customer Posts a job and you encourage that Customer to cancel and make a separate booking directly with you, or You provide a bid outside the Website, this shall constitute a Material Breach of this Agreement. In such circumstances  EaseFix shall be entitled to recover from you the Service Fee which would have been due under this Agreement. Where EaseFix does not know the Service Fee that would have been due then it shall act reasonably, taking into account the information available to it through the Website, in estimating the value of the Job.

8. CUSTOMER SERVICE AND COMPLAINTS

8.1 You shall use your best endeavours to provide quality Services to Customers and shall promptly deal with any enquiries, matters or issues relating to Jobs including dealing with Customer complaints.

8.2 You shall be directly responsible to the Customer for any failure to fulfil the Customer’s expectations or for any other legal liability which arises in respect of the Services.

8.3 EaseFix shall refer any Customer complaints it receives to you and you shall acknowledge all complaints with the Customer within 48 hours of receipt, whether the complaint has come directly from the Customer or via EaseFix.

8.4 You shall make all efforts to reach a resolution to any complaints from the Customer within 14 days of their receipt by you and keep EaseFix generally informed of the progress and status of any complaints.

8.5 You hereby acknowledge and accept that the Website includes a reviewing platform, upon which Customers may post publicly viewable reviews about their experiences in relation to the Services provided by you. You should note that this reviewing platform may not be opted out from and may from time to time contain negative reviews and/or feedback from Customers and that this is outside EaseFix control. For the avoidance of doubt, you shall have no right to any remedy (including, without limitation, any right to terminate this Agreement) as a result of any Customer content. However, if You feel that any Customer content is defamatory of You or any person, or in some other way is a violation of any person’s legal rights, You may flag and report that Customer content to EaseFix. In such case, EaseFix shall review the same and at its sole discretion take any action it deems necessary, including removing or amending the relevant piece of Customer content.

8.8 We shall not be liable for any losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs as a result of defamatory comments made against you on our website or any other affiliated sites.

 

9. PRIVACY

9.1 EaseFix maintains a privacy policy that sets out the parties’ obligations in respect of personal information. You should read this policy at https://www.easefix.com/privacy. You will be taken to have accepted that policy when you accept this Agreement.

9.2 Any breach of this privacy policy will constitute a Material Breach of this Agreement.

10. TradesPersons WARRANTIES AND INDEMNITY

10.1 You shall provide EaseFix with any tradesperson Content you reasonably require to supply the Services.

10.2 You warrant that all tradesperson Content You supply to EaseFix in connection with this Agreement for publication on the Website will be accurate and shall not infringe on any other person’s rights (including Intellectual Property Rights) or be defamatory, unlawful, offensive, threatening, pornographic or otherwise falling below general standards of taste and decency.

10.3 You hereby grant EaseFix the right:

i) to use and publish the tradesperson Content in connection with the provision of Services;

ii) to remove, edit, cut-down or otherwise amend tradesperson Content published on any tradesperson Page, including without limitation where such tradesperson Content does not, in EaseFix’s opinion, comply with the warranties as set out in this clause, or is otherwise in breach of the terms of this Agreement; and

iii) to make use of search engine optimisation services and other mechanisms that embody, incorporate or quote (in whole or part) your trading name or any brands used in connection with the Services.

10.4 You warrant, represent and undertake that you shall comply with all applicable laws and advertising regulations in the marketing, sale and provision of the Services and shall obtain all licenses, consents, authorities and insurance that are either necessary or reasonably prudent for you to obtain in respect of all your business activities and personnel (but especially in connection with the provision of the Services).

10.5 You hereby agree to indemnify, keep indemnified and hold harmless EaseFix and its officers, directors and employees, from and against any and all claims, demands, obligations, actual or alleged causes of action and lawsuits and all damages, liabilities, fines, judgments, costs (including settlement costs), expenses associated therewith (including the payment of reasonable legal charges and disbursements) and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis)) and all other reasonable professional costs and expenses arising out of or in connection with any breach by you of any term of this Agreement or arising out of any action brought by any third party relating to the Services provided (or not provided), or actions (or failure to act), by you or any person (other than EaseFix) acting on Your behalf.

10.6 This clause shall survive the termination or expiry of this Agreement.

11. TERM OF THE AGREEMENT

11.1 This Agreement commences on the Effective Date and will continue in effect unless terminated by giving notice by either party.

11.2 Either party shall be entitled to terminate this Agreement with immediate effect by written notice to the other if:

i) the other party commits a Material Breach of any of the provisions of this Agreement and either that breach is not capable of remedy or, in the case of a breach capable of remedy, that party fails to remedy the same within 7 days after receipt of a notice giving full particulars of the breach and requiring it to be remedied;

ii) The other party ceases or threatens to cease to carry on business;

(iii) The other party is unable to pay its debts or enters into compulsory or voluntary liquidation;

(iv) the other party compounds with or convenes a meeting of its creditors or has a receiver, manager or similar official appointed in respect of its assets;

(v) the other party has an administrator appointed, or documents are filed with the court for the appointment of an administrator, or notice is given of an intention to appoint an administrator by such party or its directors or by a qualifying floating charge holder as defined in the Insolvency Act 1986;

(v) Any similar event occurs under the law of any other jurisdiction in respect of that party.

11.3 Where a party terminates this Agreement pursuant to this clause, such party shall have no liability to the other in respect of such termination. Termination of this Agreement, however arising, shall not affect either parties’ rights and remedies that have accrued as at termination.

 

12. CONFIDENTIALITY

12.1 Each party acknowledges that, whether by virtue of and in the course of this Agreement or otherwise, it may receive or otherwise become aware of information relating to the other party, its marketing plans, its clients, customers, businesses, business plans, finances, technology or affairs which is proprietary and confidential to the other party.

12.2 Each party undertakes to maintain and procure the maintenance of the confidentiality of Confidential Information at all times and to keep and procure the keeping of all Confidential Information secure and protected against theft, damage, loss or unauthorised access, and not at any time, whether during the term of this Agreement or at any time thereafter, without the prior written consent of the owner of the Confidential Information, directly or indirectly use, disclose, exploit, copy or modify any Confidential Information, or authorise or permit any third party to do the same, other than for the sole purpose of the performance of its rights and obligations hereunder.

12.3 The terms of and obligations imposed by this clause shall not apply to any Confidential Information which:

i) at the time of receipt by the recipient is in the public domain;

ii) subsequently comes into the public domain through no fault of the recipient, its officers, employees or agents;

iii) is lawfully received by the recipient from a third party on an unrestricted basis; or

iv) is already known to the recipient before receipt hereunder.

12.4 The recipient may disclose Confidential Information in confidence to a professional adviser of the recipient or if it is required to do so by law, regulation or on the order of a competent authority.

12.5 This clause shall survive the termination or expiry of this Agreement.

13. LIABILITY

13.1 Nothing in this Agreement shall limit or exclude a party’s liability for:

i) death or personal injury caused by its negligence; or

ii) fraud or fraudulent misrepresentation.

13.2 Subject to clause 13.1, EaseFix shall not be liable to you, whether in contract or tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement for:

i) loss of profits;

ii) loss of sales or business;

iii) loss of agreements or contracts;

iv) loss of anticipated savings;

v) loss of or damage to goodwill;

vi) loss of use or corruption of software, data or information; and

vii) any indirect or consequential loss.

13.3 Subject to clause 13.1, EaseFix’s    maximum aggregate liability to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to one hundred percent (100%) of the Service Fees paid by you during the preceding twelve (12) month period or, if the duration of the Agreement has been less than twelve (12) months, such shorter period, as applicable.

13.4 You shall be liable for any accidents or injuries you sustain, and damage to either personal belongings or tools associated with your trade sustained because of delivering the service, which includes during travel associated with delivering the service. This exclusion also applies to third parties.

13.4 This clause shall survive the termination or expiry of this Agreement.

14. MISCELLANEOUS

14.1 All rights to the Website and the content on it (save for tradesperson Content) and all other Intellectual Property Rights belonging to or licensed to EaseFix remain vested in EaseFix at all times. Nothing in this Agreement shall give you any rights in respect of any such Intellectual Property Rights or of the goodwill associated therewith.

14.2 In the event of a change of control or senior management you must bring the existence and terms of this Agreement to the new owner or manager’s attention and inform EaseFix of the relevant new personnel’s contact details.

14.3 Any notice given under this Agreement by either party to the other must be in writing by email and will be deemed to have been given on transmission n. Notices to EaseFix must be sent to info@easefix.com or to any other email address notified by email to you by EaseFix. Notices to you will be sent to the email address which you provided when setting up your account on the Website.

14.4 The relationship of the parties is that of independent contractors dealing at arm’s length. Except as otherwise stated in this Agreement, nothing in this Agreement shall constitute the parties as partners, joint venturers or co-owners.

14.5 Neither party may assign, transfer, charge, subcontract or otherwise deal with any part or all of this Agreement without the prior written consent of the other party (not to be unreasonably withheld, conditioned or delayed).

14.6 A person who is not a party to this Agreement has no right to enforce any term of this Agreement.

14.7 The failure of either party to enforce or exercise at any time or for any period of time any term of or any right pursuant to this Agreement does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect that party’s right later to enforce or to exercise it.

14.8 If any term of this Agreement is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from this Agreement and shall in no way affect the legality, validity or enforceability of the remaining terms.

14.9 This Agreement contains all the terms agreed between the parties regarding its subject matter and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing.

14.10 This Agreement shall be governed and interpreted in accordance with the laws of England and Wales. The parties submit to the exclusive jurisdiction of the English courts to settle any dispute arising out of or in connection with this Agreement.

Appendix 1

Stripe Terms and Conditions

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