Terms and Conditions
1. The Cleaning Fix is an initiative of Fix Forward (Pty) Ltd.
2. Fix Forward (Pty) Ltd (“Fix Forward”) provides an online platform which, amongst other services, allows users to register as independent contractors and provide their independent services to Clients who register as users.
3. Users who want to enjoy the Cleaning Services will be bound by these terms and conditions in addition to Fix Forward’s terms and conditions related to the use and access of the website.
4. Users must register a Profile using the relevant tools on the Website to access the Services, namely, the Booking form (for Clients) and Enquiry form (for Domestic Workers).
5. In addition to registering a Profile on the Website, Domestic Workers must successfully complete and sign the Independent Contractor’s Agreement with Fix Forward, prior to being included on Fix Forward’s databases and having their Cleaning Services being made available.
6. Mere application as a Domestic Worker with Fix Forward does not guarantee that the Domestic Worker will indeed have their Cleaning Services advertised on the Website.
7. Once registered as a user, Clients will have the option to select a Domestic Worker from the available service providers.
8. Clients will be asked to enter the dates on which they require the Domestic Worker and the hours for which they require the Domestic Worker.
9. Clients will then receive confirmation of the fees payable to the Domestic Worker (“the Cleaning Fee”).
10. Unlike with the Contractor Services, Fix Forward will collect this Cleaning Fee directly from the Client and via the Fix Forward website.
11. Fix Forward will then on pay this Cleaning Fee to the Domestic Worker.
12. The Client will then receive the contact details of the Domestic Worker and will be able to contact the Domestic Worker directly.
Relationship Between the Parties
13. As with the Contractors, Domestic Workers are recognized as independent contractors.
14. Fix Forward does not employ Domestic Workers nor does Fix Forward act as a temporary employment service or labour broker.
15. Should the Client and Domestic Worker enter into a separate arrangement whereby the Client employs the Domestic Worker, the parties acknowledge that this arrangement is completely separate from the services provided by Fix Forward to the Client and/or the Domestic Worker.
16. As the Domestic Workers are independent contractors, any liability, issues, complaints, etcetera should be directed to the Domestic Worker personally.
Selection of Domestic Workers
17. Fix Forward does not make any claims or assurances regarding any of the abilities of or services provided by Domestic Workers.
18. Clients select a specific Domestic Worker at their sole discretion.
19. Should Clients experience any issues with the Cleaning Service provided by a Domestic Worker, Fix Forward would like to be informed so as to possibly remove the respective Domestic Worker from Fix Forward’s website.
20. Notwithstanding our desire to be informed, Fix Forward does not accept any responsibility or liability for any damage, harm or loss caused by any Cleaning Service enjoyed by Clients and provided by Domestic Workers listed on Fix Forward’s database.
Cancellation of the Cleaning Services
21. Clients seeking to cancel the Cleaning Services must provide the Domestic Worker and Fix Forward with at least 48 hours’ notice.
22. If Clients fail to provide the requisite notice, Clients may be charged a pro-rata cancellation fee.
23. If a Domestic Worker arrives and the Client is not available at the selected premises, the Domestic Worker will wait one (1) hour prior to departing the premises. Should this occur, the Client will be charged the full Cleaning Fee and will not be able to recover any portion thereof.
Limited Liability for Fix Forward
24. The parties hereby agree that neither Fix Forward, nor any of its Directors or employees, will be held liable for any damages that result from:
24.1. any information relied upon by the Client in selecting a Contractor or Domestic Worker which subsequently transpires to be untrue. Fix Forward acquires such information from third parties and accepts such information as what it purports to be and in doing so does not guarantee that such information is true and correct;
24.2. any act by Fix Forward, whether negligent or intentional, which causes damage to a Client’s or a third party’s property and/or possessions or which causes harm to a Client, a Client’s family member and/or a third party;
24.3. the provision of services by any Contractor and/or Domestic Worker in performing his or her services for a Client; and
24.4. any perceived employment relationship between the Client and Domestic Worker and any damage or liability that may arise from the termination thereof.
Consent to the Collection of Personal Information
25. Clients and Contractors, in registering a profile on Fix Forward’s online platform, thereby consent to the collection, use, processing, monitoring and dissemination of their personal information as defined by the Protection of Personal Information Act 4 of 2014 (“POPI”).
26. Fix Forward will collect, use, and process Clients’ and Contractors’ personal information for the defined purpose of providing the parties with access and use to the online platform through which Clients may secure the services of Contractors and/or Domestic Workers.