1. Agreement Commencement and Duration
The Agreement will commence on the date you create your profile (“Commencement Date”) and will continue for the contract period of 1 year specified in the Confirmation Email (the “Agreement Term”), unless terminated earlier due to breach of terms and conditions.

2. Renewal Date

i. We will notify you at least 30 days before the Renewal Date
ii. You may notify us if you would not like to renew your account with us by emailing admin@fixitmate.co.za no earlier than 30 days before the Renewal Date.

b) On or shortly after any Renewal Date, we will send you a Confirmation Email.

c) We may increase the Fees on any Renewal Date by providing you with notice at least 30 days before the Renewal Date.

3. Changes to Services
We may allow you to make changes to the Services in the Members Area and/or App. Any changes you make will constitute an amendment to the Services as offered by us and accepted by you.

4. Contractor Checks

a) Vetting Requirement:
It is a condition of our provision of Approved Services that you pass the required Checks.

b) Obligations During qualification check
You must:

i) Provide all requested information about you and/or your business and its associated personnel (including owners, business location, directors, ID, Proof of address, business registration certificate, relevant qualifications, relevant field accreditation) to allow us to carry out the Vetting Checks;
ii) Ensure that the information you provide is accurate, complete, and up-to-date;
iii) Cooperate fully with us during the Vetting Checks process and respond promptly to any related queries; and
iv) Notify us immediately of any changes to your circumstances or other developments that could affect your ability to comply with the Agreement or the accuracy of your information on the Platform.

5. Termination Due to qualification Failure
We may terminate the Agreement if:

a) You fail the qualification Checks for any reason; or
b) We are unable to complete the qualification Checks within 90 days of the Commencement Date due to your non-compliance (in whole or in part) with your obligations under the Agreement.

6. Refund on Termination
No refunds given once membership has started.

7. Passing qualification and Platform Access
If you pass the qualification Checks, you will be listed on our panel and become eligible to receive the Approved Services. Your use of the Platform is subject to compliance with the Platform Terms.

8. Qualification Decision
You acknowledge that the decision regarding whether you pass the qualification Checks is solely at our discretion, and that our decision is final. We are under no obligation to explain the reasons for our decision.

9. Provision of Services
In exchange for your payment of the Fees, and provided that you pass our qualification Checks, we will provide you with the Services for the duration of the Agreement Term or any applicable renewal period.

10. Search Rankings Distribution
We will make reasonable efforts to ensure that search rankings are fairly distributed among Approved Contractors across South Africa.

11. Account Manager Assignment
At our sole discretion, we may assign you an account manager for a specified period to assist you in managing the Services and to help make your ad stand out.

12. YOUR OBLIGATIONS
You shall:

a) Adhere to all applicable laws, regulations, codes of conduct, and guidelines in effect at the time, including but not limited to consumer protection laws, data protection laws, anti-slavery and human trafficking laws such as the Modern Slavery Act; and
b) Ensure that anyone working on your behalf, including employees and contractors, also complies with the Agreement. Any breach of the Agreement by someone working for you will be considered a breach by you.

13. Conduct
You shall not:

a) Engage in any activity that, in our reasonable judgment, may negatively affect the Platform, our brand, your customers, or the public at large; and
b) Discriminate against any customers based on age, disability, gender reassignment, pregnancy or maternity, marriage or civil partnership, race, religion or belief, sex, sexual orientation, or any other protected characteristic.

14. Representations and Warranties
You represent and warrant that:

a) You are, and will remain, established in South Africa;
b) You have the legal authority and capacity to enter into and fulfill your obligations under the Agreement;
c) You are not aware of any legal restrictions or orders that may affect your ability to receive the Services or, if applicable, provide the Works to your customers; and
d) You have not been convicted of any offense, including those related to slavery and human trafficking, and are not subject to any ongoing investigations or proceedings alleging such offenses.

15. Investigation Cooperation
If we decide that an investigation into your conduct or background is necessary to maintain the integrity of our Brand, you agree to promptly obtain updated criminal background checks or provide us with any other relevant information that we may reasonably request to assist with the investigation.

APPROVED TRADESPEOPLE
16. Additional Requirements for Approved Services
In addition to the above, for Approved Services, you shall:

a) Continuously meet and uphold the Fix It Mate Standard;
b) Maintain adequate public liability insurance and up-to-date certificates, providing us with a copy of your current insurance upon request and annually upon renewal;
c) Refrain from passing on leads to third parties unless you enter into a contractual agreement with a subcontractor to perform some work or services on your behalf, with the customer’s consent;
d) When carrying out works, you shall:

i. Ensure you have the necessary ability, resources, and qualifications to perform the work;
ii. Provide the Works lawfully and in compliance with relevant laws, regulations, codes of conduct, and court orders;
iii. Agree on a clear scope of Works with your customers before starting, including providing any required consumer protection information and, where possible, perform work under a written contract (which will not involve us as a party);
iv. Execute the work in accordance with “good industry practice,” meaning the professional standards expected from a competent contractor with your expertise; and
v. Complete the work in an environmentally considerate manner, minimizing potential damage to the environment.

PAYMENT
17. Fee Payments
You shall pay the Fees in accordance with the payment terms.

18. Direct Debit and Card Payment Authorization
We may request your direct debit details or Card Payment Authorization for payment of the Fees. You must have an active direct debit or Card Payment Authorization in place for you to go live on our Platform.

19. Cancellation or Revocation of Payment Authorization
If the direct debit instruction is canceled or the Card Payment Authorization is revoked during the Agreement Term or any renewal period, we reserve the right to suspend or terminate the Agreement immediately at our discretion. For clarity, cancelling the direct debit or revoking Card Payment Authorization does not constitute valid termination by you, and you will remain liable for the full Fees for the remainder of the Agreement Term or any renewal period.

20. Payment Methods
Fees are payable in ZAR via direct debit or Card Payment Authorization to our nominated bank account. Additional payment methods, such as credit card, debit card, bank transfer, or standing order, may be accepted on an exception-only basis, subject to our agreement.

21. Payment without Deductions
All Fees or other payments due under this Agreement must be paid in full without any deductions, set-offs, counterclaims, or with holdings unless required by law. Unless otherwise stated in the Agreement, all Fees paid are non-refundable.

22. CONTENT AND INTELLECTUAL PROPERTY (IP)

The provisions outlined in the Platform Terms shall also apply to Your Business Content.

Our IP is our exclusive property, and unless explicitly stated otherwise in the Terms, You do not gain any rights, ownership, or interest in Our IP. You are not authorized to use any of Our IP for any purpose.

You are prohibited from attempting to register the Trademarks or using any name or material that closely resembles the Trademarks. Additionally, You must not use the Trademarks (including their color schemes) in the following ways:

a) As part of your business name or domain name; or

b) In any deceptive or unlawful manner.

Misusing Our brand and Trademarks could cause confusion among consumers regarding the affiliation between a tradesperson and Us. Such misuse may be a criminal offense. We take brand misuse very seriously, and regularly monitor and investigate potential violations. If infringements occur, we reserve the right to take legal action, including imposing the IPR Charge.

Approved Contractors
While You have an active Agreement with Us and remain an Approved Contractor (unless Suspended):
a) You may use the Trademarks on your Business Materials to accurately reflect your affiliation with Us, solely in accordance with the Agreement. We can revoke this permission at any time and grant it to others at our discretion. You cannot transfer this right to any third party, including your group companies, contractors, or suppliers. Any goodwill generated by the use of the Trademarks remains our property; and

b) Your use of the Trademarks must follow the Brand Guidelines, and You must not engage in actions that harm or diminish the value of the Trademarks or the reputation of Our brand.

23. REVIEWS

If a User posts a Review about You, they retain ownership of it. However, they grant Us the right to use their Review on Our Platform, and for Us to allow You to use the Review in Your Business Materials, provided that:
a) The Review is reproduced fairly and accurately;

b) The Reviews are properly credited to Us; and

c) If the Reviews are published online, a link back to Your listing on the Platform is provided.

Your rights to Reviews cease upon termination of the Agreement, and You must delete them from all of Your Business Materials.

You acknowledge that We have the right to use and publish any Reviews related to You or Your business on the Platform or elsewhere.

You must ensure that any responses to Reviews come from a person directly involved in delivering the Works related to the Review and that these responses are accurate, professional, reasonable, and not misleading, defamatory, abusive, or illegal.

We are not responsible for any losses resulting from the publication of Reviews or other content posted by Users or Customers on the Platform or elsewhere.

You understand that We have limited control over comments or Reviews posted on the Platform, and We cannot remove those You disagree with unless we identify a legitimate technical or legal reason for doing so, based on Your notification in line with the Notice and Takedown Procedure.

The Notice and Takedown Procedure allows You to object to Reviews posted about You or Your business. If You fail to follow the procedure or any other communication channels provided by Us, We may not be able to address the issue.

If We suspect that You are essentially operating under the same management as a previous tradesperson, or have rebranded or changed your business name to disguise this, We may republish or link back to Reviews from that previous tradesperson and/or issue a notice on the Platform to disclose this connection.

We take fake reviews very seriously. You must not request or write fake Reviews about Yourself. If We reasonably suspect a Review has been fabricated or coerced, We may remove it and reserve the right to Suspend or Terminate the Agreement.

24. If You receive a negative Review (a score of 5 or lower) for Approved Services, we will attempt to offer You a reasonable chance to comment before the Review is published. Any comments You submit (if deemed suitable for publication) will be placed alongside the Review. If You receive more than 10% negative Reviews, We will work with You to mitigate any negative effects. Should the negative Reviews exceed 20%, We reserve the right to Suspend or Terminate the Agreement as per Clauses 59 and 65.
SUSPENSION

We may Suspend the Services if we have reasonable grounds, including (but not limited to) situations where:
a) We need to investigate an issue affecting You and/or the Agreement;

b) You are involved in a legal dispute or any event that may harm Our reputation or operations;

c) You fail to pay any Fees or other amounts due to Us;

d) Any other circumstance outlined in the Deactivation and Sanctions Policy.

If We Suspend the Services, We will inform You of the Suspension period, the reason for it, and any actions needed from You to restore the Services. During Suspension, Your Secure Contact number will be redirected to Us.

After the Suspension period, We may either extend the Suspension to resolve outstanding issues or choose to Terminate the Agreement.

Suspension does not affect Your obligation to continue paying Fees, which remain due as per the Agreement.

25. TERMINATION

You may terminate the Agreement by notifying Us if:
a) We breach the Agreement in a way that cannot be remedied;

b) We breach the Agreement, and fail to remedy it within 30 days of You notifying Us;

c) We notify You of a material update or change to the Master Service Terms or Product Terms that negatively affects Your business, and You notify Us within 30 days;

d) We increase the Fees (unless permitted by the Agreement), and You do not agree to the increase within 30 days.

Termination by You is valid only if the Business Owner emails us: admin@fixitmate.co.za

We may Terminate the Agreement immediately, providing notice to You for reasons such as:

a) You commit a material breach of the Agreement that cannot be remedied;

b) You breach the Agreement, and fail to correct it within 30 days of Us notifying You;

c) You act in an unacceptable manner towards anyone, or use abusive, offensive, defamatory, or illegal language;

d) Your business enters liquidation, administration, or bankruptcy;

e) We discover that any information You provided is false, incomplete, or misleading;

f) You infringe on Our IP;

g) You do anything that could damage Our reputation or goodwill;

h) You fail to pay any Fees or amounts due;

i) There are significant changes to the ownership or structure of Your business;

j) We suspect You have attempted to mislead Us or the public through rebranding, false information, or manipulating Reviews;

k) We become aware of any investigation involving You, although confidentiality restrictions may limit Our ability to share details;

l) You discriminate against Customers;

m) The Services are cancelled for any reason per the Deactivation and Sanction Policy;

n) You cease or threaten to cease your business operations.

We may Terminate the Agreement at any time for any reason with no less than 30 days’ notice.

If We terminate the Services or any part of them, We will inform You of the reason and any required actions. If Approved Services are fully terminated, Your Secure Contact number will be redirected to Us.

We may immediately terminate the Agreement for Approved Services upon notifying You for any of the following reasons:
a) You do not pass the Vetting Checks;

b) You fail to meet the Fix It Mate Standard;

c) You have received a significant or excessive number of serious complaints;

d) An independent surveyor deems Your Works to be subpar; and/or

e) We are informed that You have either failed to participate in or have withdrawn from any alternative dispute resolution process initiated by Your Customer or failed to comply with a decision made through such a process.

26. CONSEQUENCES OF TERMINATION

If You terminate the Agreement as per Clause 63 or if We terminate it under Clause 66, You will receive a proportional refund of any Fees You have prepaid for Services that were scheduled to occur after the termination date.

If We terminate the Agreement in accordance with Clause 65:

a) You will not be eligible for any refund of Fees or any portion thereof;

b) You will be required to settle any remaining payments up to the end of the current Agreement Term;

c) We will process any outstanding Fees as a lump sum payment using the payment details You have provided, including via Card Payment Authorisation or direct debit. If We are unable to collect payment, and You do not provide an alternative payment method, We will pursue the debt using Our standard debt collection procedures.

Upon termination of the Agreement for any reason:
a) Termination will not affect any rights or obligations that have accrued before the termination date, including payment responsibilities;

b) We may, at Our discretion, keep Your listing and reviews on the Platform, but You will not appear unless searched by business name, and We will clearly indicate that Your Agreement with Us is no longer active. You may request removal from the Platform at any time;

c) We will retain Your information for a reasonable period, as needed for addressing customer complaints, ongoing issues, legal, or regulatory purposes;

d) Your right to use Our IP or Reviews will end immediately;

e) From that point onward, You must refrain from implying that You are still associated with Us or using Our goodwill or branding in any way.

27. In addition to the above, upon termination of the Agreement for Approved Services:
a) You must promptly remove Our IP, Reviews, and any reference to Us from Your Business Materials, and if requested, provide proof of compliance;

b) If You continue to use Our IP after termination, You agree to pay Us an “IPR Charge” equivalent to the Fees You would have owed if You had continued using Our IP. This charge will be payable on demand for as long as You use Our IP without authorization. The IPR Charge represents the fee We would have charged You for continued use of Our IP had it been authorized;

c) The IPR Charge survives termination, but:

i. Paying the IPR Charge does not grant You a license to use Our IP post-termination, nor does it reinstate the Agreement;

ii. The IPR Charge is not a cap on Your liability, and We may pursue further damages or other remedies;

iii. The IPR Charge does not limit Our ability to seek other legal remedies, including claims for damages or seeking injunctive relief.

28. We are not liable for how You conduct Yourself or for the Works You provide as an Approved Contractor. You agree to indemnify Us and keep Us indemnified from any liabilities, claims, losses, demands, damages, or costs (including legal fees) that arise from the following:
a) Any claims related to agreements or arrangements made between You and Your Customer or any other Platform user;

b) Any false, outdated, or misleading information You provide to Us;

c) Third-party claims arising from Your breach of the Agreement or any applicable law;

d) If We are included in legal proceedings brought against You by a Customer or third party due to Your actions or omissions;

29. We are not liable for:
a) Loss of profits;

b) Loss of business, sales, or anticipated sales;

c) Loss of contracts or agreements;

d) Loss of expected savings;

e) Loss or corruption of software, data, or information;

f) Loss of goodwill or reputation;

g) Indirect or consequential losses, even if We were warned or could reasonably foresee such risks;

h) Any other event beyond Our reasonable control.

30. Unless specifically stated in these Terms, all representations, warranties, and conditions related to the Services, such as availability, quality, or fitness for a particular purpose, are excluded.

Notwithstanding any other provision, Our liability will not be limited for:

a) Fraud or fraudulent misrepresentation;

b) Death or personal injury due to Our negligence;

c) Any liability that cannot be excluded or limited by law.

31. The Parties agree that:
a) The responsibility for managing Your business, safeguarding its reputation, professional conduct, and Customer relationships remains solely with You, and We are not liable for any related issues;

b) Your use of the Platform is subject to the Platform Terms. We do not guarantee continuous availability of the Platform, and interruptions may occur due to maintenance or other factors beyond Our control;

c) We may update or modify the Platform at any time, including its design or contents, without liability to You;

d) For Approved Services, We will make reasonable efforts to help You grow Your business, but We do not guarantee the quality or quantity of leads You will receive, which are subject to market conditions and consumer demand.

32. DISPUTES

If You have a complaint regarding Us, the Services, or any part of the Agreement, You must email us: admin@fixitmate.co.za

In case of a dispute between You and Your Customer, You acknowledge that We are not a party to that dispute and are not responsible for its resolution.

33. GENERAL

Variations

We may update the Master Service Terms and/or Product Terms periodically. We will generally notify You at least 30 days in advance via email or other reliable methods, except when a longer notice period is necessary for compliance with technical or commercial adaptations.

However, We may change these terms immediately in certain circumstances, including:

a) When required by law;

b) For editorial changes that don’t alter the meaning of the terms;

c) If a legal or regulatory obligation forces Us to change the terms urgently;

d) To address unforeseen risks such as fraud, malware, or cybersecurity threats.

We may also update the Platform Terms as necessary.

We may modify any of Our policies or procedures without prior notice to You.

34. Notices

Formal notices must be in writing and sent: (i) by You to Us at Our registered address by registered mail or hand delivery (if signed for) or (ii) by Us to You via the primary email address on Your account.

Notices are deemed received upon delivery or when an email is successfully delivered without error.

35. Entire Agreement

You confirm that You entered the Agreement based solely on the terms set out in the Agreement and not on any representations made by Us. All other materials, including advertisements, are illustrative only and do not form part of the Agreement. This Agreement supersedes all prior agreements and understandings, except in cases of fraud.
Severance

If any part of this Agreement is deemed invalid, the remainder will still apply, with necessary modifications to preserve its commercial intent.
Assignment

We may transfer Our rights or obligations under this Agreement, but You cannot assign Your rights or obligations without Our explicit consent.
Waiver

Any delay or failure to enforce the Agreement will not waive or affect any future enforcement of the terms.
Third-Party Rights

This Agreement does not grant third parties the right to enforce any terms, except where applicable law allows.
Relationship

The Agreement does not imply a partnership, agency, or employer-employee relationship between the Parties.

We are not liable for any delays or failures in providing Services due to events beyond Our control, such as natural disasters, strikes, technical failures, or supply chain disruptions.
Law and Jurisdiction

This Agreement, including any disputes, will be governed by the laws of South Africa. Any disputes will be subject to the exclusive jurisdiction of the South African courts.