Terms and Conditions
By downloading the app & selecting the checkbox, the contractor/homeowner accepts the terms & conditions in full as listed below and constitutes a legally and binding agreement. In creating an account you have agreed to be bound by the T&C’s in its entirety. Global Contracting Services has the right to amend these terms and conditions at any time. It remains the contractors responsibility to ensure he/she is aware of all stipulations contained within the Terms & Conditions prior to creating an account & agrees to be legally to be bound by the T&C’s inclusive of all stipulations herein, of selections, subscriptions and promoting “GCS App". Contractors should go to the website prior to registering, Print & familiarize themselves with T&C’s at https://globalcontractingservice.com/terms-and-conditions/
Contractors: Refer to point 10.
1. APP/WEBSITE TERMS OF USE
1.1. These terms (“Terms”) govern your (“homeowner”/”contractor”) use of our cell application/website located at the domain name globalcontractingservice.com or Google app store or Apple app store.
1.2. By signing up/accessing and using the app, the User agrees to be bound by the Terms set out in this legal notice below.
1.3. If the User does not wish to be bound by these Terms, the User may not access, display, use, or download and/or otherwise copy the Content of the “app” or Website.
2. DEFINITIONS
2.1. Contract: any agreement, albeit verbal, written, express or tacit between a Home owner and a Contractor for the provision of goods and/or services by the Contractor to the Home owner which is the result of our systems.
2.2. Clients: Users wishing to use our app and who register on the App by entering their contact details and request visits by providing details regarding particular goods and/or services required by the homeowner/client.
2.3. Contractors/handyman: Contractors/handyman wishing to use our application and who register on the App by entering their contact details and details pertaining to the services they offer under these listed categories.
2.4. Services: the line of business offered by Global Contracting Services is detailed in clause 5.
2.5. Global Contracting Services hereunder referred to as “GCS”
3. UPDATING THESE TERMS
3.1. We may change, modify, add to or remove from portions or the whole of these Terms.
3.2. Changes to these Terms will become effective when the changes are posted to the App/Website.
3.3. By accessing the App/Website, the User is bound to the version of the Terms published at the time of any visit to the App/Website. The User’s continued use of the App following the posting of changes or updates will be considered notice and acceptance of the Terms including any changes or updates.
4. PRIVACY AND SECURITY
To ensure acquaintance with and awareness of the privacy measures and polices of GCS, the User is urged to read and understand GCS’s Privacy and Security Policy, outlining GCS’s commitment to the User’s privacy and the security of their personal information.
5. SERVICES
5.1. GCS offers the following services:
5.1.1. To Homeowners: providing an app which will allow homeowners to request specifics services as listed in pre-designed fields to be visited at specific date in a defined provided geographical location. In essence a tool used to set up appointments, as described in these Terms and on the Website, which services are offered for free;
5.1.2. To Contractors: providing immediate and current requests by homeowners through their app who has requested to be visited by contractors for the opportunity to compete on an equal basis for the work, as described in these Terms and on the Website, which services are captured in GCS data base access by the app to send out alerts for work which Contractors qualify.
5.2. GCS reserves the right to determine who uses, and how they use the application.
5.3 GCS in no way guarantee requests/work, the responsibility rests upon the contractor to ensure his current client base utilizes and is aware that he/she is using the app and so agrees to promote it without prejudice.
5.4. GCS will use contractor verification to ensure profile records exist for unregistered contractors
6. GENERAL DISCLAIMER BY HOMEOWNER/CLIENT
6.1. Homeowners are eligible to utilize the app free of charge with the provision they market the app through their networks, social media and Whatsapp to all their contacts to increase market awareness to improve response time by Contractors and to increase contractor membership which will create a wider variety of options for homeowners. Homeowner should market the APP to a minimum of 10 contractors who they have previously dealt with or are aware of servicing the domestic homeowner market as well as 10 additional homeowners.
6.2. Clients acknowledge that the system will send out alerts to multiple contractors for services required and suggested dates and times.
6.3. GCS will not be liable in respect of any Contract between the PARTIES. In particular, but without limitation.
6.3.1. GCS makes no warranty regarding the services provided to homeowner by the contractor as a result of the apps programming via the App/Website;
6.3.2. GCS is not responsible for the conduct of contractors; but problematic contractors can be posted on the company social media pages
6.3.3. GCS shall not be liable for any loss or damages of any kind suffered by the homeowner resulting from or in relation to the services provided by the Contractor.
6.4. Whilst GCS shall use its reasonable efforts to do so, it cannot guarantee that a Homeowner will be able to find a suitable Contractor using programmed parameters for services required until the data base has been populated sufficiently.
6.5. GCS does not guarantee that when it has forwarded the homeowner’s information to suitable contractors that the Contractor will contact the Homeowner.
6.6. Homeowner retains the right of refusal for work requested from contractors subsequent to meeting contractors.
6.7. Homeowners are urged to verify job numbers issued by the app against job numbers allocated to the contractor after acceptance to ensure the correct contractor has arrived as a result of the apps processing.
7. GENERAL DISCLAIMER BY CONTRACTOR
7.1. Contractors are eligible to utilize the app to acquire work at a specified subscription which differentiates legally registered contractors from unregistered contractors, charged at a set fee on the proviso that they agree to: utilize the app with their current customer base:- create a shortcut on their current website for the GCS app, making visitors aware that they can be contacted via the app:- to promote the GCS app through their current networks, social media and Whatsapp contacts:- thus creating additional services and work availability which will create a wider variety of options for homeowners. By adhering to this marketing strategy GCS is able to maintain subscription levels at these current low rates. By not adhering to these stipulations contractors breach the T&C’s making themselves liable for the entire 12 month subscription.
7.2. Registered businesses agree to select the contractor subscription applicable to registered business and unregistered service provider to the handyman, completing the required field which verify legal entities and or persons applicable to their selection. Incorrect selection will result in the entire annual subscription fee becoming due at the correct rate/subscription at the discovery of incorrect selection of subscription once GCS verifies uploaded documentation via our admin panel.
7.3. GCS relies on contractors to specify and describe the goods and/or services/skills they provide.
7.4. GCS makes no warranty regarding the accuracy of any information provided by Contractor.
7.5. When a Contractor provides information regarding the services it provides and when a contractor responds to information regarding services required by a homeowner, the contractor is responsible to ensure that it is legally and otherwise able to provide the relevant services/skills.
7.6 The contractor cannot hold GCS who is the managing agent of the app liable for job requests.
8. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
8.1. All rights, title and interest in and to the works, including, but not limited to literary works, artistic works, text, tables and compilations, pictures, graphics, drawings, photographs, layout, charts, cinematography films, sound recordings, sound and television broadcasts, program-carrying signals, published editions, source code and computer programs embodied in the content displayed on the Application is the intellectual property of Wayne Elliott & the Website (“Content”) is managed by Global Contracting Services, its affiliates or subsidiary, or any third party owners of the rights (“Owners”) and is protected under South African and international copyright laws.
8.2. Any unauthorized copying, reproduction, re transmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the Content or any component thereof will constitute any infringement of such copyright and other intellectual property rights.
8.3. The trademarks, names, logos and service marks (“Trade Marks") displayed on the Website or Application is the registered and unregistered Trademarks of GCS and/or the Owners.
8.4. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content, functioning and Trademarks.
8.5. All rights in and to the Content and Trademarks is reserved and retained by GCS and/or the Owners, as the case may be.
8.6. Irrespective of the existence of Copyright, the User acknowledges that GCS and/or the Owners are the proprietors of all the Content and Trademarks on the Website/application, whether it constitutes confidential information or not, and that the User has no right, title or interest in any such material.
8.7. Users or anyone accessing the website or application may under no circumstances copy or duplicate the User interfaces or functions of the application or website without the express written permission of GCS.
9. LIMITED LICENSE TO GENERAL USERS
9.1. GCS grants the User a non-exclusive, non-transferable, limited and revocable right to access and use GCS content for personal purposes only.
9.2. This app / website and the Content may not be reproduced or otherwise exploited for any commercial purpose without the express prior written consent of GCS.
9.3. The license does not allow the User to collect product or service listings, descriptions or other information provided here, and does not allow any derivative use of this App or Website or the Content for the benefit of another merchant.
9.4. The User may not frame the App or Website or the Content without the express written consent of the GCS
9.5. The User is restricted to use the App or Website and Content, only for lawful purposes and warrants that he/she shall not use the App or Website for any commercial gain other than what the app is designed and used for.
9.5.1. to transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of an duty of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful; and
9.5.2. other than for personal and non-commercial use, store on a computer, or print copies of extracts from the application/Website, and other than for personal and non- commercial use, “mirror" or cache any of the Content of app or Website on a server, or copy, adapt, modify or re-use the text or graphics obtained from the app or Website, without the prior written permission of GCS
9.6. GCS and the Owners reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion should it tarnish GCS’s public image or not meet the signup criteria after verification.
9.7. Any unauthorized use terminates this license.
10. LIMITATION OF LIABILITY
10.1. Although GCS has taken reasonable care to ensure that the Content on the app / Website is accurate and that the homeowner will not suffer loss or damage as a result of their use of the app or Website, the App/Website and all content, including any current or future offer of products or services, are provided on an “as is” basis and may include inaccuracies or programming or typographical errors.
10.2. Use of the app or Website is entirely at the User’s own risk. The User assumes full responsibility for any loss or damage resulting from their use of the app or Website and their reliance on any of the Content or apart/s thereof, contained on the Website.
10.3. GCS makes no warranty or representation as to the availability, accuracy or completeness of the Content. GCS shall not be held liable for any direct or indirect, special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the app or Website or any functionality thereof, or of any linked website, even if GCS is expressly advised thereof.
10.4. Without derogating from the generality of the above, GCS will not be liable for:
10.4.1. Any interruption, malfunction, downtime or other failure of the app or Website or related database, system or network, for whatever reason;
10.4.2. Any loss or damage in respect of customer data or other data, directly or indirectly, caused as a result of any malfunction of the app or Website or related database, system or network, power failures, unlawful access to or theft of data, computer viruses or destructive code on GCS or related database, system or network, programming defects or negligence; or
10.4.3. Any event over which GCS has no direct control.
11. INDEMNITY
The User unconditionally and irrevocably indemnifies and holds GCS harmless against all and any loss, liability, actions, lawsuits, proceedings, costs, demands and damages of all and every kind,(including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the services offered on the app or Website, the use of the services offered on the App or Website, the Content available on the App or Website or any other matter, directly or indirectly, related to the User’s use of the App or Website, whether due to GCS’s negligence or not.
12. GENERAL
12.1. This Website is controlled, operated and administered by or on behalf of Global Contracting Services [2018/601122/07] trading as Global Contracting Service.com within the Republic of South Africa and internationally.
12.2. These Terms will be governed by the laws of the Republic of South Africa and internationally.
12.3. If any of the provisions of these Terms are found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and the remainder of these Terms will continue to be in full force
12.4. These Terms constitutes the entire agreement between the GCS and the User with regard to the use of the Content and the App and/or Website.
13. COMPLAINTS
We welcome all comments / complaints / suggestions and will deal with them professionally and in the shortest possible time. In certain situations some complaints will fall outside our liability and we may not be able to help. Without limiting the generality of the above, GCS will not be liable to handle complaints regarding any dealings between homeowners and Contractors which do not relate to or arise out of a job accepted from the GCS App or the services provided by GCS under these Terms and Conditions.
CONTRACTOR: PAYMENT TERMS
this section sets out our fees and payment terms for the GCS offered to Contractor, which should be read in conjunction with our Terms and conditions.
The Contractor will need to have:
You’ll need to have a Smart phone to install the GCS app.
Have data available to receive alerts
14. REGISTRATION
14.1 . In Order to subscribe to our Service, the contractor must accept the T&C’s, register an account and subscribe to activate the service via the application. In registering you automatically agree to subscribe to a stipulated term listed under subscription Fees & Term.
14.2 Account validation is required although accounts are automatically pre-approved.
A color copy of I.D. or Smart Card / Passport & valid visa, Driver License, proof of address, PTY, CC or Sole Proprietor registration number from SARS [ color scans] will have to be sent for validation. A checklist may be email to you for any outstanding documents which may affect your approved status. Contractors/handyman with no registered entity must still upload documents as requested by the application and approval will be at our discretion. Please provide us with your vehicle registration document and ID documents.
14.3 The contractor can download the app via the google app store or iStore and sign up and complete the registration process via the application
14.4 GCS systems will send a notification to the contractor through the app when the homeowner/customers’ requests a service through the homeowner version of the app. Client requests a visit for a Job that falls within the contractors selected area and the selected skill and/or services offered by the Contractor. Contractors must ensure their data connections are active to receive notifications..
15. SUBSCRIPTION FEES & TERM
15.1 In registering and accepting the “terms & conditions", the contractor is bound by & agrees to select & subscribe to the option applicable to his or her business, unless this forms part of any promotion advertised by GCS on social media which binds the contractor to a minimum 3 month subscription at the end of the promotional term at the full rate.
15.2 GCS will not refund any money due to the non compliance of contractors against terms listed herein. The registered entity (Company/handyman) agrees to subscribe to a selection below.
Premium 12 Month subscription @ R 250.00 / month (registered contractors)
12 Months subscription @ R 200.00 / month (Insurance affiliated registered contractors)(insurance recognized contractor)
monthly @ R 50.00 / month (unregistered contractors) (min 3 months)
Please note: your subscription will automatically renew after the 12 month unless cancelled. Contractors must bare in mind that should their 12 month subscription be cancelled at anytime through the 3rd party payment gateway or through their financial institution the entire balance of the full 12 month subscription becomes immediately due and contractors will be held liable for all associated tracing & collection and legal fees as well as interest on outstanding balances until settled in full.
16. Payments
16.1. Payments are accepted as follows:
16.1.1. On-line in application, using Secure transactions service provided by payfast.co.za.
16.1.2. By approved debit cards (all major banks);
16.1.3. By approved credit cards (all major banks).
16.2. Contractors will be liable for all legal & bank charge costs for the collection of unpaid subscriptions and or cancelled subscriptions returned via the bank as unpaid or cancelled inclusive of transaction and 3rd party fees for companies used by GCS to collect the outstanding amounts. Returned or cancelled debit orders would automatically make the balance of the 12 month subscription due.
17. Account closures
17.1 GCS retain the right to deactivate profiles or terminate subscriptions at our own discretion.
18. Banking detail: Global Contracting Services banking has been electronically loaded on subscription pages using a secure encrypted program
19. Business Detail:
Global Contracting Services Pty Ltd 2018/601122/07
Post: 72-74 School Road, Durban , South Africa 4125
enquiry@globalcontractingservice.com
Please Call: +27 768849310
Register as a service provider at the google Play store or the App Store