Terms & Conditions

MARKETPLACE TERMS AND CONDITIONS FOR USERS 

1. INTRODUCTION

1. These terms and conditions (“Terms and Conditions”) contain information about GREENZCOVE CO. LTD (Mobile Marketplace Division, SERVACE), (defined below as "SERVACE” and also referred to hereinafter as “we”“us”“our” or “ours”, as the context requires) and form the legal agreement between you and us for the use of the Website and User and Provider App. Please read this document carefully and review it regularly as we may update and amend these Terms and Conditions from time to time without prior notice.

 

2. HOW THE SERVICE WORKS

1. SERVACE provides mobile applications and website technology that connects Users (“you” or “User”) who require home services to be performed, or who would like to avail of other services at a provider’s (“Provider or Service Providers”) location, with service providers who are willing to perform those Jobs.

2. You connect with Service Providers by signing up and booking Jobs on the User Website/App which are then assigned to Service Providers who operate in your geographical area and whose services match your requirements via the Service Provider Website/App.

3. Once a Job has been completed, SERVACE collects payment from you and pays the Service Provider. SERVACE takes a service fee (which is deducted from such payment) for: (i) introducing the parties; (ii) vetting and maintaining a network of reputable and competent Service Providers; and (iii) maintaining and developing the marketplace technology/platform. This service fee is taken at the same time payment is made to a Service Provider. SERVACE accepts cash payments only if the provider satisfies the requirements to do.

4. SERVACE is not an employer of Service Providers or contracting agency and operates purely as a facilitator of the service transaction between you and the Service Provider by operating the User Website/App and the Service Provider Website/App.

5. No contract exists between SERVACE and you for the fulfilment of the Jobs and SERVACE has no control over the conduct of Service Providers nor the satisfactory completion of a Job, which is solely determined between the parties.

6. You acknowledge that when you book a Job on the User Website/App you will be entering into a direct contract with the Service Provider. The terms of the contract entered into are set out below. However, the User and Service Provider are free to alter or modify such terms as they wish by mutual, express agreement. SERVACE is not a party to agreements entered into between you and the Service Providers.

7. It is a condition of use of the User Website/App that you acknowledge you have complete control over your own conduct and SERVACE disclaims all liability in this regard.

 

3. DEFINITIONS

1. In this Agreement, the following terms shall have the following meanings prescribed to them:
“Applicable Data Protection Laws” means (i) until 24 May 2018, the Data Protection Act 1998, or (ii) from 25 May 2018 onwards, Regulation (EU) 2016/679 of the European Parliament on the protection of natural persons with regard to the processing of personal data and any act of GRENADIAN parliament which brings this into force.
“Account” means your account with SERVACE which is created by registering and providing certain mandatory details during the registration process.
“Additional Payment” means payment due to the Service Provider in respect of Additional Works and/or Costs and Expenses.
“Additional Services” means other services separate from, and other than those required to complete, the Job.
“Additional Work” means work the Service Provider deems necessary in order to perform the Job but which goes beyond the scope of the original Job booked on the User Website/App.
“SERVACE” means SERVACE (GreenzCove Co. Ltd), a company incorporated in Grenada  (Company number 8242) of Coconut Road, Mt. Parnassus, St. George’s, Grenada.
“Costs and Expenses” means costs and expenses incurred by a Service Provider in acquiring materials, parts and/or, supplies (but for the avoidance of doubt not tools) that are, in the opinion of the Service Provider, necessary for completion of the Job and which are not included in the fee stated when booking the Job.
“User Website/App” means any website or mobile application or other interface which is:

a. owned by SERVACE (including but not limited to SERVACE.app);

b. operated on a white label basis by SERVACE; or

c. powered or maintained by SERVACE,

(each as modified and/or updated by us from time to time) for the purpose of enabling you to book Jobs and connect with Service Providers.

“Dispute” means a disagreement between you and a Service Provider that a Job has not been satisfactorily described or completed.

“FUTURE Job” means any Job booked that is scheduled for a future date.

“Job” means the work requested by you on the User Website/App.

“NOW Job” means a Job to be completed as soon as possible on the day it is booked on the User Website/App.

“Parties” means collectively you and the Service Provider.

“Payment Service” means any third party payment providers.

“Premises” means your premises where the Job is being fulfilled.

“Service Provider Website/App” means any website or mobile application or other interface which is:

d. owned by SERVACE;

e. operated on a white label basis by SERVACE; or

f. powered or maintained by SERVACE,

(each as modified and/or updated by us from time to time) for the purpose of enabling Service Providers to be notified of, and accept, Jobs booked by Users.

“Tax” means any and all statutory deductions due as a result of the financial transaction between a Service Provider and a User.

2. Defined terms will have the same meaning if they appear in the singular, plural, masculine or feminine or as the context requires.

3. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions.

 

4. USE OF THE USER WEBSITE/ APP

1. A core purpose of the User Website/App is to enable you to book Jobs and to connect you with suitably qualified Service Providers to carry out those Jobs. The User Website/App is not for use by anyone who does not intend to browse through Services and book a Job. You therefore agree that you will not in any circumstance use the User Website/App for any purpose other than book a Job or browse through Services in good faith for the purpose of booking a Job then or at some point in the future.

2. We make no warranty that any part of the User Website/App will operate uninterrupted or error free and we accept no liability for loss or damage caused from any interruption or error in any part of the User Website/App.

3. As a User using the User Website/App you:

1. must be 18 years old or older; and

2. must agree:

a. to register and create an Account and utilize our User Website/App for your personal or business use only;

b. not to authorize others to use your Account and you may not assign or transfer your Account to any other person or entity;

c. to register only one Account per person; and

d. to be responsible for keeping any registration details confidential (including your password).

4. The User Website/App is intended to be used in the Grenada (and other Caribbean countries when added at a future date) only and as a User you may only book Jobs that are to be completed within the regions included.

5. We reserve the right to:

0. refuse to provide access to the User Website/App to any individual, business or other entity at any time without explanation, consequence or liability; and

1. remove a service from the User Website/App with no obligation to give advance notice, and SERVACE shall not be liable for losses, costs or expenses arising from any such refusal or removal.

6. You assume all risk when using the User Website/App, including, but not limited to, any risks associated with interacting with other people. You acknowledge that SERVACE is not able to guarantee the accuracy of information provided to you by other people and that you should confirm such information to your own satisfaction before you engage with them.

7. Whilst SERVACE takes reasonable care in screening Service Providers, you are solely responsible for taking appropriate safety precautions in connection with your use of the User Website/App and the engagement of a Service Provider. You agree not to use the User Website/App in any unlawful manner and in particular you shall not:

0. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;

1. publish, book, upload, distribute or disseminate (“Post”) any inappropriate, defamatory, abusive, infringing, obscene, discriminatory or otherwise unlawful material;

2. post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any person;

3. cause the User Website/App or any part of it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the User Website/App is in any way impaired; or

4. restrict or inhibit any other user from using and enjoying the User Website/App.

8. Whilst we take steps to prevent misuse of our systems, we cannot warrant that the User Website/App will be free of viruses or other malicious code or content and accept no liability for loss or damage caused from the transmission of such content or code.

 

5. SETTING UP AN ACCOUNT AND REGISTERING FOR THE WEBSITE AND/OR APP

1. In order to book a Job, you must be registered as User though the User Website/App which is available for free download from iOS App Store / Android Play Store, accessible via the SERVACE website or through certain SERVACE partners’ websites.

2. When completing the registration process you will be required to provide details including but not limited to your full name, email address and telephone number.

3. You warrant that the information you provide during the registration process and when using the User Website/App is true, that it relates to you and is entirely accurate.

4. You are responsible, and assume liability, for all information that you upload. Details of how SERVACE may use any information and content are provided in the Privacy Policy. SERVACE reserves the right, but is not under any obligation, to monitor information that is submitted to the User Website/App and Service Provider Website/App and to remove such information or material that in our sole opinion violates any applicable law, either the letter or spirit of these Terms and Conditions, or upon the request of a third party.

 

6. BOOKING JOBS

1. You can use our User Website/App to book a Job. Service rates will be calculated either per hour or per Job as specified in the Job booking process. Each Job has a minimum price and it is your responsibility to check this price before booking.

2. When booking a Job, you will ensure that you give full and complete information regarding the work to be undertaken together with details of the history of items to be dealt with by the Service Provider (including details of breakdowns and faults) and relevant information about the Premises.

3. Service Providers are for the most part expected to supply and use their own tools and equipment. Users however are expected to supply the Service Providers offering a cleaning service with a broom, mop and cleaning supplies; and other reasonable arrangements can be made for other trades.

4. At the time you book a Job on the User Website/App we will pre-authorise the payment method added to the Account, payment of either:

0. the minimum time period quoted for such Job; or

1. the fixed Job price.

5. SERVACE reserves the right not to accept certain payment methods.

 

7. CARRYING OUT JOBS

1. SERVACE will make suitable Service Providers in your geographical area aware of the Job you booked together with details of your requested date and time for it to be carried out. Your contact details and full address will be kept confidential until a Service Provider accepts your Job.

2. A Service Provider may accept or reject the Job and we do not guarantee that you will receive a response to a booked Job or that responses will meet the requirements you have specified. We will notify you if there are no suitable Service Providers operating in your area who are able to carry out your Job. At the point a Service Provider accepts the Job your information (including name and details of the Premises) will be provided to them.

3. For:

0. NOW jobs we provide an estimate of the arrival time by notification via the User Website/App or email which is indicative and may vary; and

1. FUTURE jobs you request a booking time or booking window that works for you. SERVACE and the Service Provider each reserve the right to offer alternative dates and time slots if the Service Provider is unable to comply with the original requirements of your Job.

The provision of any Job at an earlier time than was available on the User Website/App when booking a Job shall be subject to availability.

 

4. SERVACE shall have no liability in the event that a Service Provider who accepted the Job is unable or unwilling to fulfil the Job at the requested time.

5. In the event that:

0. you do not give full and complete information at the time of booking a Job or the Service Provider is reasonably unable to assess the Job requirements remotely, then the Service Provider may, on arrival at the Premises, deem that Additional Work is required in order for the Job to be completed. In these circumstances the User and Service Provider shall agree the scope of, and fee for, such Additional Work before any work to perform the Job is commenced; or

1. a Service Provider incurs additional Costs and Expenses they will agree these with you in advance and you shall be liable to pay for such Costs and Expenses on the production of a valid receipt or submission of a request for payment via the SERVACE User website/App.

6. Additional Payments can be made via the User Website/App (which will incur a small fee payable by the User) or directly to the Service Provider and in any event must be authorised and paid before the Job is completed via the Service Provider Website/App.

7. If, once the Service Provider arrives at your premises, you require Additional Services to be provided these must be requested via a new Job booking on the User Website/App.

8. You are advised to request sight of evidence of applicable trade accreditations, qualifications, registrations and proof of identification from the Service Provider prior to any work commencing at your Premises. Service Providers must agree to comply with any accreditation, registration, certification, qualification, experience or reasonable suitability evidence request submitted by you.

9. You agree to treat the Service Provider with respect whilst completing the Job and be polite and courteous in your dealings with them.

10. You agree to move all furniture and items to enable the Service Provider to have clear access to the Premises and for carrying out the Job.

 

8. CANCELLING JOBS

1. Notwithstanding any rights you may have to cancel any Jobs under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Protection (Distance Selling) Regulations 2000 (or any replacement thereto) you may cancel:

0. a FUTURE Job via the User Website/App not less than 24 hours prior to the date on which a Job is scheduled to be commenced; and

1. a NOW Job via the User Website/App within 5 minutes of booking the Job, without charge.

2. However, you may not cancel any Jobs without being liable for a cancellation fee:

0. where at your express request, it has begun to be provided; or

1. where you have not complied with the cancellation provisions at clause 8.1 above.

The amount payable in respect of the cancellation fee will depend upon the time of cancellation and the type of Job booked. For cancellation terms on each service email help@SERVACE.app, visit our FAQs.

 

3. If the Service Provider arrives at the Premises and is unable to contact you or gain access to the Premises they will message and attempt to contact you for 15 minutes, after which you will be charged either

0. the minimum number of hours for the Job; or

1. the fixed Job price (as applicable) and the Job will be cancelled.

4. If the Service Provider arrives at the Premises and is able to contact you or gain access to the Premises but has to wait more that 15 minutes after arrived notification was received via the app to begin the job, you will be charged

0. $1 per minute in addition to the hourly job rate; or

1. $1 per minute in addition to the fixed job rate

 

9. REVIEWS

1. Users and Service Providers are encouraged to offer reviews for each other each time a Job is completed. You agree to provide a prompt review that is true and fully reflects your experience with the Service Provider with whom you have engaged. SERVACE reserves the right to terminate the Account of any User who repeatedly receives poor reviews or posts inaccurate or unjust or defamatory reviews.

2. The reviews of Users and Service Providers may be published on our User Website/App and the Service Provider Website/App and may be viewed and considered by other Users and Service Providers.

 

10. DISPUTES AND DISPUTE RESOLUTION

1. If you are not satisfied that a Service Provider has completed the Job to the performance and/or quality that you may reasonably expect, you may initiate a Dispute with the Service Provider. In order for SERVACE to intervene as a mediator, this must be done within 2 days of the Job having been completed (or purported to be completed) by the Service Provider.

2. Subject to clause 10.4 below, SERVACE will not take part in a Dispute other than as a mediator.

3. In the event of a Dispute the Parties hereby agree to act at all times reasonably and in good faith, to negotiate a settlement and hereby recognise that the responsibility for reaching a mutually agreed settlement lies between them. You acknowledge SERVACE is entitled to provide your details to the Service Provider in order to find a resolution, and may provide you with the Service Provider’s details. You agree to keep any information provided to you, about the Service Provider under the terms of this Agreement, confidential and only use it for the proper purpose.

4. If SERVACE has been notified of the Dispute within 2 days of the Job being completed, and only if the Parties cannot reach resolution between themselves (having used all reasonable attempts to do so), the Dispute can be escalated to SERVACE by either party and we will offer a recommendation for settlement of the Dispute.

5. The Parties shall at all times comply with all reasonable requests from SERVACE for the supply of information to support SERVACE in proposing a resolution to the Dispute. The Parties are under no obligation to accept any recommendation from SERVACE, unless agreed in advance.

 

11. DAMAGE OR DAMAGE ARISING FROM A JOB

1. If you suffer loss or damage to your Premises or your contents or to any service connected to it and attributes the loss or damage to a Service Provider, in the first instance the Parties should try to resolve who should be responsible for such loss or damage between themselves.

2. You agree that you will not accuse the Service Provider of damaging property which was already damaged in any way or was damaged by a third party.

3. SERVACE takes reasonable steps to ensure that where applicable Service Providers hold valid insurance for the type of work they are undertaking. If a valid claim is made against a Service Provider and no payment is received from either the Service Provider or its insurer SERVACE may, at its complete discretion, make a goodwill payment without admission of liability or responsibility of up to $50.

4. Subject to clause 11.3 in no event shall SERVACE be liable to either party for any direct, indirect, consequential, special or punitive loss arising out of the engagement by you of a Service Provider to carry out a Job and to the extent that we may be liable under these Terms and Conditions or at law. Our maximum liability shall be limited to the service fee that we receive (or were expected to receive) in relation to the Job to which the loss or damage relates.

5. Notwithstanding any other provision, nothing in these Terms and Conditions shall exclude or limit either your or our liability for death or personal injury caused by your or our (as the case may be) negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

6. If you are dissatisfied with the User Website/App, or these Terms and Conditions, your sole remedy shall be to discontinue use of the User Website/App.

7. Other than as set out above in this clause 11, and notwithstanding any other provision of these Terms and Conditions, we shall not be liable to you or to any third party acting on your behalf, whether in contract, tort, negligence, statutory duty, misrepresentation or otherwise, for any special, indirect or consequential loss, cost, expense, fine or damage whatsoever arising from or in any way connected with these Terms and Conditions including but not limited to loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).

8. Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.

9. Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into these Terms and Conditions by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.

10. Each of the provisions of this clause 11 shall be construed separately and independently of the others.

 

12. PAYMENT

1. Payment for a Job is taken automatically when the Service Provider completes the Job via the Service Provider Website/App (at which point SERVACE calculates the final amount to be paid, including applicable discounts). If we were unable to take payment successfully when the job is completed, we reserve the right to retry the payment methods on your account for the full or incremental amounts until the full amount has been charged.

If the Service Provider completed the Job on the Service Provider Website/App by accident please email help@SERVACE.app and we will remedy the action.

2. The minimum price for the Job shall be charged in full regardless if the time spent by a Service Provider in doing the Job is less than this. Please check that you are aware of and accept the minimum time and price for the Job before you make a booking. Subsequent hours after the minimum time will be charged on a per minute basis. SERVACE reserves the right to change prices at any time.

3. You agree to hold sufficient funds in your account to pay the final amount as it becomes due and will not request Job(s) unless you can pay for these. We may, at our sole discretion, not allow you to book a Job if we are outstanding the payment for a prior Job.

4. SERVACE may use Payment Services at our complete discretion to facilitate payment card processing. SERVACE will ensure that the Payment Services comply with such financial and other relevant regulations but will not be responsible for the performance of the Payment Services. SERVACE does not directly hold payment card or payment information. SERVACE will be responsible for paying the fees charged by the Payment Services.

5. In the event you pay cash to the Service Provider for Additional Works and/or Costs or Expenses:

0. we advise you obtain a receipt for all monies paid; and

1. such Additional Works and payment will not be covered by these Terms and Conditions.

 

13. PRIVATE ENGAGEMENT

1. You agree not to offer jobs (or accept offers) privately to Service Providers you have previously engaged with through SERVACE.

2. In the event you do request a Service Provider that undertakes work (other than Additional Work) outside of the User Website/App, SERVACE:

0. reserves the right to terminate your access to the User Website/App; and

1. will not be able to mediate on any disputes in respect thereof, and

2. you will not benefit from the protection offered via these Terms and Conditions in respect thereof.

 

14. MISCONDUCT

If you engage with a Service Provider who you feel has acted in an inappropriate way towards you, including but not limited to offensive, violent or sexually inappropriate behaviour you should immediately make a report to the appropriate authorities and then to SERVACE at help@SERVACE.app quoting the name and location stated in the details of the Job. Your report may cause us to investigate such behaviour but we are not obligated to take action beyond that which is required by law, and we will not incur any additional liability or expense.

15. DATA PROTECTION

We process your data responsibly in line with the Applicable Data Protection Laws and our Privacy Policy.

16. GENERAL CONDITIONS

1. If any term or condition of these Terms and Conditions is held to be illegal or unenforceable such provisions shall be severed and the remainder of these Terms and Conditions shall remain in full force and effect unless the business purpose of these Terms and Conditions is substantially frustrated, in which case it shall terminate without giving rise to further liability.

2. You may not assign or transfer any of your rights hereunder without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.

3. No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.

4. These Terms and Conditions constitutes the entire agreement as to its subject matter and supersedes and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.

5. You acknowledge that you have placed no reliance on any representation made but not set out expressly in these Terms and Conditions.

6. Any notice to be given under these Terms and Conditions may be given via email, regular mail, or by hand to the address provided through registration via or the User Website/App.

7. Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.

8. Notwithstanding any other provision in these Terms and Conditions a person who is not a party hereto has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce the terms of these Terms and Conditions.

9. These Terms and Conditions shall be subject to the laws of Grenada, Carriacou and Petite Martinique and the parties shall submit to the exclusive jurisdiction of the Grenadian courts.

 

 

MEMBERSHIP SUBSCRIPTION AND/OR SERVICE FEE TERMS AND CONDITIONS

1. INTRODUCTION

1. These terms and conditions (“Terms and Conditions”) contain information about SERVACE (GreenzCove Co. Ltd.) (defined below as "SERVACE” and also referred to hereinafter as “we”“us”“our” or “ours”, as the context requires) and form the legal agreement between you and us for the use of the Service Provider Website/App and your Membership Subscription or Service Fee with SERVACE. Please read this document carefully and review it regularly as we may update and amend these Terms and Conditions from time to time without prior notice.

 

2. DEFINITIONS

1. In this Agreement, the following terms shall have the following meanings prescribed to them:
“Applicable Data Protection Laws” means (i) until 24 May 2018, the Data Protection Act 1998, or (ii) from 25 May 2018 onwards, Regulation (EU) 2016/679 of the European Parliament on the protection of natural persons with regard to the processing of personal data and any act of GRENADIAN parliament which brings this into force.
“Confidential Information” means any SERVACE Information or other information concerning the business or affairs of SERVACE, its Users (including, without limitation, any contact details of such User), SERVACE Clients, or any other clients or suppliers of SERVACE, and any personal data (as defined in the Applicable Data Protection Laws) of any such parties.
“Account” means your account with SERVACE which is created by registering and providing certain mandatory details during the registration process.
SERVACE means SERVACE (GreenzCove Co. Ltd.), a company incorporated in Grenada (Company number 8242) of Coconut Road, Mt. Parnassus, St. George’s, Grenada.
“Costs and Expenses” means costs and expenses incurred by you in acquiring materials, parts and/or supplies (but for the avoidance of doubt not tools) that are, in your opinion, necessary for the completion of the Job but which are not included in the fee stated in the User Website/App when booking the Job.
“User Website/App” means any website or mobile application or other interface which is:

a. owned by SERVACE (including but not limited to www.SERVACE.app);

b. operated on a white label basis by SERVACE; or

c. powered or maintained by SERVACE,

(each as modified and/or updated by us from time to time) for the purpose of enabling Users to book Jobs and connect with Service Providers.

“Dispute” means a disagreement between the Service Provider and the User that a Job has not been satisfactorily described or completed.

“Insurance Policy” a suitable policy(ies) of insurance covering any or all liabilities which may be incurred by you, your employees or subcontractors arising out of or in connection with a Job (including but not limited to your acts or omission or the act or omissions of your employees or subcontractors). Such insurance to be maintained at such level as is stated when going through the registration process to be a Service Provider.

“Job request” means the work, job requested by the User.

“Parties” means collectively the User and the Service Provider.

”Premises” means the premises of a User where the Job is being carried out.

“Service Provider”/”you” means a party who is registered with SERVACE for the purpose of being notified of, accepting, claiming and completing Jobs that are booked or requested by Users and includes you, your employee and subcontractors.

“Service Provider Website/App” means any website or mobile application or other interface which is:

d. owned by SERVACE;

e. operated on a white label basis by SERVACE; or

f. powered or maintained by SERVACE,

(each as modified and/or updated by us from time to time) for the purpose of enabling you to be notified of, and respond to, Jobs booked by Users.

“Tax” means any and all statutory deductions due as a result of the financial transaction between a Service Provider and a User (including, for the avoidance of doubt, corporation tax and/or income tax depending on if you are a sole trader, self-employed Service Provider or a corporate Service Provider).

2. Defined terms will have the same meaning if they appear in the singular, plural, masculine or feminine or as the context requires.

3. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions.

 

3. THE SERVICE

1. SERVACE Membership offers multiple benefits to its members as set out in these Terms and or membership product pages. SERVACE offers its Membership Subscribers access to a range of jobs, User requests, partner requests in return for a Membership Subscription and/ or Service fee.

2. We make no warranty that any part of Service Provider Website/App will operate uninterrupted or error free and we accept no liability for loss or damage caused from any interruption or error in any part of the Service Provider Website/App.

 

4. MEMBERSHIP PAYMENT AND TERMINATION

1. The current membership and or commission fees, the available membership plans or commission percentage will be presented on our membership site or service sign up page. Your Membership Subscription or commission fee is non-refundable except as expressly set forth in these Terms.

1. If you do not notify us before the next due date of your membership subscription that you want to end your membership at this date or cancel your membership as set out in these terms, we will automatically charge the Membership Subscription fee or commission fee using your payment method added during signup. If your preferred payment method becomes invalid during your membership, or if the charge is refused for any other reason outside our control, you authorise us to use any other payment method we have on file in your account. If all your payment methods on file are declined, you must provide us a new valid payment method within 7 days or your membership and its benefits will be cancelled without further notice. We reserve the right to use any means permissible by law to recover any outstanding Membership Subscription fees or percentage commission per service due and reserve the right to charge a late payment fee.

From time to time SERVACE may make available free or trial offers for a monthly or annual membership subscription. You must have a valid payment method added to sign up to receive any offer or trial. We may request a temporary pre-authorisation from your payment method in order to confirm the validity and ensure your eligibility to participate in any offer. Any offer provided can be revoked at any time. Upon expiration of the trial or offer, you will automatically be subscribed into the related membership subscription plan and SERVACE will charge your default payment method with the relevant monthly fee, annual fee or commission fees. If your default payment method is declined for any reason, SERVACE may charge any other payment method on file within your SERVACE account. YOU MUST CANCEL YOUR MEMBERSHIP PRIOR TO THE END OF THE TRIAL OFFER TO AVOID BEING CHARGED. NO REFUNDS WILL BE OFFERED TO ANY MEMBERSHIP SUBSCRIPTION PLANS NOT CANCELLED BEFORE THE TRIAL OR OFFER ENDS. COMMISSIONS ARE DEDUCTED AFTER JOB COMPLETION AND PAYMENT AND ARE NON-REFUNDABLE. Offers remain limited to one per business / email account.

2. You warrant that the information you provide to SERVACE during the Membership registration process or sign up to provide any service and when using the Service Provider Website/App is true and entirely accurate and SERVACE reserves the right to suspend the account or your membership if it does not:

0. provide such information; or

1. provides incomplete or out of date information.

3. You acknowledge and agree that you may not assign or subcontract any Job to an employee or subcontractor unless you have, in advance of accepting the Job, provided their details to SERVACE via the Service Provider Website/App or via email at: partners@servace.app in accordance with clause 5.1 above and you warrant that you have their consent to provide such information.

4. You are responsible, and assume liability, for all information that you upload. Details of how SERVACE may use any information and content are provided in the Privacy Policy.

5. SERVACE reserves the right, but is not under any obligation, to monitor information that is submitted to the Service Provider Website/App and to remove such information or material that in our sole opinion violates any applicable law, either the letter or spirit of these Terms and Conditions, or upon the request of a third party.

 

5. MONEY BACK GUARANTEE

1. As part of the Membership Subscription, SERVACE may offer a money back guarantee, subject to an active Membership Subscription being paid in full for at least 12 months, either via an annual plan or 12 consecutive monthly payments. 

This money back guarantee also applies to unused e-wallet balance, provided that all service charges for past or current jobs have been deducted. Howerver refunds will be subjected to the deduction of credit card, debit card and currency exchange rates fees and service charges. 

The money back claim must be made in writing to the Billing team via email at: billing@servace.app providing a breakdown of works undertaken and deficit between Membership Subscription fees paid. Prior to honouring any claim, SERVACE reserves the right to fully investigate the validity of any money back claims by contacting Users and whomever it deems necessary to determine the value obtained from the membership. The claim process may take up to 30 days and SERVACE decision will be final. Upon a successful claim, the payment will be processed within 30 days.

 

 

6. DATA PROTECTION

1. We process your data responsibly in line with the Applicable Data Protection Laws and our Privacy Policy.

 

 

7. CONDITIONS

1. SERVACE provides a Membership Subscription based mobile applications and website technology that connects Users (“Users”) who require services to be connected with Service Providers, referred to hereinafter as “Members”, "Subscribers" or "Membership".

2. It is a condition of use of Service Provider Website/App that you acknowledge you have complete control over your own conduct and the outcome of the Jobs and SERVACE disclaims all liability in this regard.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE LIABILITY (ON OUR OWN BEHALF AND ON BEHALF OF OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES) FOR ANY (I) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES; OR (II) ANY LOST REVENUE OR ANTICIPATED SAVINGS, CONTRACTS, LOST DATA, REPUTATION OR ECONOMIC LOSS HOWSOEVER ARISING (AND WHETHER DIRECT OR INDIRECT) FROM YOUR BEING A MEMBERSHIP SUBSCRIBER. WE SHALL NOT BE LIABLE TO YOU OR YOUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR REPRESENTATIVES FOR ANY ECONOMIC DAMAGE OR LOSS (WHETHER DIRECT OR INDIRECT INCLUDING LOSS OF REVENUE OR ANTICIPATED PROFITS; LOSS OF ANY FUTURE BUSINESS OR OPPORTUNITIES; DAMAGE TO GOODWILL OR REPUTATION AND ANY OTHER COSTS OR EXPENSES) SUFFERED OR ALLEGED TO HAVE BEEN SUFFERED AS A RESULT OF USING THE SERVICE.

 

8. GENERAL CONDITIONS

1. We reserve the right at all times to terminate or suspend or restrict your Membership without notice for any reason whatsoever.

2. We may vary the terms of this Agreement from time to time and shall update such alterations on any updated terms provide through the Service Provider Website/App. Any use of the Website/Service Provider/App after the date will constitute acceptance of the amended Agreement.

3. If any term or condition of these Terms and Conditions is held to be illegal or unenforceable such provisions shall be severed and the remainder of these Terms and Conditions shall remain in full force and effect unless the business purpose of these Terms and Conditions is substantially frustrated, in which case it shall terminate without giving rise to further liability.

4. You may not assign, transfer or sub-contract any of your rights hereunder without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.

5. No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.

6. These Terms and Conditions:

0. constitute the entire agreement as to its subject matter between us and you; and

1. supersede and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.

7. You acknowledge that you have placed no reliance on any representation made but not set out expressly in these Terms and Conditions.

8. Any notice to be given under these Terms and Conditions must be given via email, regular mail.

9. Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.

10. Notwithstanding any other provision in these Terms and Conditions a person who is not a party hereto has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce the terms of these Terms and Conditions.

11. These Terms and Conditions shall be subject to the laws of Grenada and the parties shall submit to the exclusive jurisdiction of the Grenadian courts.