General Terms and Conditions

Handyman

1. Parties, Definitions and Interpretation

In these terms and conditions (which are referred to in this document as “these terms”) “handy man” means the "technician" labourer" or "employee" by whom the works are to be carried out by. "Customer or client" refers to the company, individual or corporate entity who hires the handy man for job engagements.

“iFixng.com” means IFIX INTEGRATED SYSTEM LIMITED. “Job” means the handyman engagement by the Customer, “Work or Works” means the nature of job engaged described by the customer while hiring handyman. In these terms words importing the masculine gender also include the neuter and the feminine gender and words importing the singular number include also the plural number, where the context so requires. "Site" means the place or location where handyman works are expected to be carried out.


2. General

Handyman upon registration with iFixng.com, to benefit job allocations from iFixng.com will pay a premium of N500 (five hundred naira) per job, for which two is to be paid at each subscription instance (i.e 1000 naira).

Please be informed that handyman registration with iFixng.com is not an employment but a job engagement platform for the handyman to increase handyman job inflow.

Handyman upon registration promises to provide only correct information not limited to such; personal details, work details, guarantor details, any information found falsified upon a background check will lead to handyman being expelled from iFixng.com and all other possible engagements.

Upon completion of registration, handyman admits to a background check which will be carried out by iFixng.com to ascertain the authenticity of the information provided.

Handyman upon registration is obligated to provide a minimum of two guarantors in the person of a previous employer or an Elder in handyman's immediate family to

All orders and instructions given by the Customer, and all work authorizations, are governed by these terms. They supersede any other terms appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the order or instructions or in any negotiations or in any course of dealing established between iFixng.com and the Customer, except where these terms are a schedule to a signed Agreement between the Customer andiFixng.com in which event these terms apply only to the extent not inconsistent with that Agreement.

The Handy man acknowledges that iFixng.com has not made any representations (other than any expressly stated in the Contract and/or in iFixng.com estimate or Quotation), which have induced it to enter into the Contract, and the Contract shall constitute the entire understanding between the handyman and iFixng.com for the performance of the Works (and detailed in paragraph 4 below).

No modification to the Contract shall be effective unless made by an express written agreement or email exchange between the parties. The signing on behalf of iFixng.com of any documentation of the Customer shall not imply any modification of the contract.


3. Estimates and variations to the price

Any estimate which may be given either verbally or in writing by handyman is subject to withdrawal by handyman at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within twenty eight (28) days from its date

Unless otherwise specified by handyman in the relevant estimate, an estimate is not a firm or fixed price quotation. It is an estimate of the likely minimum cost of the Works, based on the information made available to handyman. Handyman's final price will be calculated on the basis specified in the estimate, if any, or if none, in accordance with handyman’s Schedule of Rates applicable at the time the Works are carried out and may be increased above (but not reduced below) the specified price. Furthermore, handyman reserves the right to increase the price before carrying out the Works by an amount equivalent to any increase to handyman in the cost of relevant materials, labour, equipment hire or transport since the date upon which handyman’s estimate, written, emailed or oral, was given, save that if this would increase the estimated price by more than 10%, the Customer may cancel the Contract provided it does so before the Works are begun, any relevant materials are ordered or any relevant equipment is hired

Quotations

Unless otherwise specified by handyman where the Customer is provided with a fixed price Quotation by handyman that fixed price shall be valid and open for acceptance within twenty eight (28) days unless a longer time is specified on the face of the Quotation and, if not so accepted within the designated period shall be deemed withdrawn.

Before the commencement of work handyman reserves the right to require the Customer to pay an initial payment of 20% (or such greater sum if so required) against the full Quotation Value on all quoted Works above.


4. The Works

Handyman is expected to dress professionally in work or semi formal attires before and while working on site. All sites where PPE's are required are expected to be provided for, by the Customer.

iFixng.com shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from handyman work on site.

Handyman is expected to carry out his duties with all diligence and to customer's satisfaction.

Handyman is to report any unusual situation or challenges resulting during the course of work, early before it results into a more complicated situation.


5. Payment

Non-Account Customers: Payment by the Customer is due on completion of the Works. Payment must be made on such completion. Payment can be made by cash, cheque, Visa, MasterCard, direct debit or any other acceptable means

Account Customers: handyman will seek to submit invoices to Customers within 5 days of completion of the Works and subject to paragraph 8 below, payment must be made by the Customer within 10 days after the date of issue of the invoice.


6. Tax, Penalty and Fees

Handyman shall pay all applicable local, state and federal taxes, license and permit fees and other charges on payments for jobs gotten from iFixng.com.


7. Parties, Definitions and Interpretation

Dates specified for the commencement and completion of the Works are estimates only. handyman shall use all reasonable endeavours to ensure that it will attend on the date and time agreed. However, iFixng.com accepts no liability in respect of non-attendance or late attendance on site or for the late delivery of materials. Time shall not be of the essence of the Contract except as provided for in paragraph 16 below.


8. Inspection of the Works

The Customer shall inspect the Works as far as it is reasonably possible to do so immediately upon handyman completion (though failure to countersign the relevant Works Detail Sheet shall not imply rejection of the Works) and if it considers that the Works or any part thereof are not in accordance with the Contract, it shall within 7 days from the date of inspection give detailed notice in writing to handyman thereof. In the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect, which would be apparent on reasonable examination.


9. Limitation of Liability and Liability of handyman

Handyman's liability shall be limited to:

The repair or making good of any defect pursuant to its undertaking in paragraph 10 below and subject always to paragraph 7 above, and

The reasonable costs of repair or reinstatement of any loss or damage to the Customer's property if such loss or damage results from handyman’s negligence or intentional acts and the Customer incurs such costs.


10. Defects

Subject to paragraph 9 above and the exclusions listed below, handyman undertakes to repair or make good any defect in completed work which appears within 3 days of completion of the same to the extent that such defect arises from a breach of handyman’s obligations under the Contract and provided that details of the defect are notified by the Customer to iFixng.com in writing with such period that iFixng.com and its insurers are given the opportunity of inspecting the work and the alleged defect. This undertaking shall only apply to work carried out and completed and invoiced by handyman and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 6 above. If handyman returns to the site at the Customer's request to review a claim under this undertaking and it transpires that the defect had not arisen as a result of a breach on the part of handyman, handyman reserves the right not to carry out any work under this paragraph 13 where the Customer cannot evidence that the work originally carried out and completed by handyman or where payment has not been made in full for such work. Exclusions are:

  • Parts and materials will be provided only with the benefit of the manufacturer’s / supplier’s guarantee and are not guaranteed by handyman
  • Systems or structures not installed by handyman
  • Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to handyman prior to the work having been undertaken.
  • Defects resulting from misuse, willful act, or faulty workmanship by the Customer or anyone working for or under the direction of the Customer (other than handyman)
  • Structural defects encompassing but not limited to subsidence and its resultant effect
  • Damage to drainage systems caused by root penetration or any other outside force
  • Any roofing work where handyman advises that the overall condition of the roof is poor and is in need of more extensive work and the work undertaken involves less than 20% of the area of the roof
  • Any work to repair an existing lock, or to fit any lock not supplied by handyman

In circumstances where handyman is unable to offer a guarantee handyman will notify the Customer before any work is carried out


11. Force Majeure

Handyman will use all reasonable endeavours to carry out the Works on the agreed dates but shall not be under any liability to the Customer if it should be either impossible or impracticable to carry out the Works on the agreed dates or at all, by reason of strike, lockout, industrial dispute, act of god or any other event or occurrence beyond handyman control.


12. Customer’s Liability

The Customer shall be liable for:

  • Any loss, damage or injury, whether direct or indirect or consequential, resulting from failure or delay in the performance of the Customer’s obligations under these terms
  • Providing all necessary power and a clean water supply for handyman’s use in the execution of the contracted works
  • The safety of both plant and machinery belonging to or hired in by handyman or its employees, agents, franchisees and sub-contractors and shall indemnify handyman against it’s loss, theft or damage

The Customer must let handyman know of any dangerous gases, liquids or other materials or of anything which the Customer believes may present a hazard or danger to any person who is due to carry out the Works before such work is started.

The Customer must provide handyman with all necessary details in respect of any relevant requirements specified by the Factory Inspectors or similar regulatory authorities.


13. Removal of Waste Materials

Unless agreed in writing between the parties, the Customer will be responsible for the removal from site of all waste materials resulting from the Works


14. General

If any provision set out in these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provisions held invalid shall not be affected.


15. Dispute Resolution

This Agreement will be governed by and construed in accordance with the laws in force in Federal Republic of Nigeria as may be amended from time to time and all disputes, arising out of or in connection with the interpretation of the provisions of this Agreement or the performance of same, shall be submitted to the Lagos Court of Arbitration and shall be resolved under the Rules of the Lagos Court of Arbitration. The dispute shall be resolved by a sole arbitrator and the Award/Decision of the arbitrator shall be final and binding on the parties. The seat of the arbitration shall be Lagos, Nigeria and the language to be used in the arbitral proceedings shall be English.