Terms of Use
Aviso: The present Agreement regarding the Terms of Use, which include, namely, this website?s terms and conditions and privacy policy, forms a contract celebrated between Fixando and everyone that uses the platform, whence it must be carefully read. The use of the services made available by this website imply the acceptance of these Terms of Use, including its privacy policy wherewith, if you disagree with any of the provisions, the use of the service is not allowed.
The last change of the present Terms of Use was made on 09/07/2016.
Index:
1. Definitions and General Conditions
2. Privacy Policy
3. Warranties
4. Rights and Obligations
5. Responsibility
6. Conflicts
7. Penalties
8. Payments
9. Transitory and Final Provisions
1. Definitions and General Conditions
a) Definitions
"Fixando" - website, Fixando trademark, property of FIXANDO, Lda. society, VAT number PT510953964, under this number registered at Lisbon?s Commercial Registry Office, based in Rua Prof. Mark Athias, 4, 1600-646 Lisbon.
"End Customers " - those that use Fixando?s website to make requests intended to find registered professionals that provide a certain service that meets those requests needs.
"End Customers? Info" - any info provided by the End Customer, either during the sign up and website registration stage, or related to their requests descriptions, the review made of the professional service providers or any other resulting from the website use.
"Privacy Policy" - description of the kind of info we collect from the User or End Customers and Service Providers and the way this info is processed.
"Request" - description made by the Client by filling a custom form on the website, which is related to the service that needs to be provided by the registered professional.
"System" - IT equipment, data storage and transmission, IT programs and applications, command sequences and automatized analyzes and data treatment processes that are used by Fixando.
"Terms & Conditions " - are the rules that bind Fixando, Users, End Customers and Service Providers, listed on the present Agreement regarding the Terms of Use and the Privacy Policy terms.
"Professional" - individual or collective persons, service providers, registered on Fixando?s website, that want, through the site, to receive requests from potential End Customers interested in hiring their services.
"User" - every person, individual or collective, that user the website until he/she becomes an End Costumer or Service Provider.
"Website" (Fixando?s) - Internet and respective domain website, host space, Internet page or set of pages, its contents, graphics and all the other info contained therein, which content is managed by Fixando.
b) General Conditions
1.1 Fixando?s website is an online platform where End Customers post their requests for a certain service to be performed, and where Professional service providers from several fields register in order to gain access to the posted requests.
1.2 The requests posted by the End Customers are shown to the registered Professionals whose activity is compatible with the service being requested, so, if they so choose, submit their proposals for the requested services and respective budgets directly to the End Customers.
1.3 It?s the End Costumer responsibility to review the budget proposal and services submitted by the Professionals, being the Professional selection entirely up to him/her.
1.4 Fixando?s intervention is merely to collect the requests from the End Customers and the applications from the service provider Professionals, and delivering those applications in order to allow the End Customer to make his/her choice.
1.5 The End Customer can even choose not to select any of the Professionals that contacts him/her to submit their respective budgets, acknowledging that Fixando is a third party in the relationship contractually established between the End Customer and the Professional. As such, Fixando doesn?t ensure the fulfilling of the task on behalf of the Professional, nor does it do so for any transaction that might be agreed upon between them.
1.6 The info related to the requests and Professionals made available through the website is provided by the End Customers and Professionals, respectively.
1.7 Fixando doesn?t select specific Professionals; budget requests are limited to the first 5 Professionals that, on one?s own initiative, decide to use their credits to such end.
1.8 End Customers and Professionals oblige themselves to include only truthful and accurate info, as well as, and whenever necessary based on the service to be provided, the relevant supporting documents to perform such activity.
1.9 Fixando isn?t liable for the info mentioned on the previous point, being the End Customer, before selecting the Professional, responsible for reviewing and verifying the veracity, accuracy and integrity thereof.
1.10 In any event can fraudulent proposals, or fake or incorrect documents sent by the Professional to the End Customer be of Fixando?s liability, being the End Customer the one responsible for selecting the Professionals, and for confirming the info that is provided by them.
2. Privacy Policy
2.1 The Privacy Policy is fully detailed and available at aqui.
3. Warranties
3.1 Fixando ensures the ongoing availability and adequate performance of its website, except in cases in which events external to Fixando prevent it from being available to perform as such.
3.2 Notwithstanding the foregoing, Fixando reserves the right, as website owner, to suspend or cease the website operation whenever it deems there is enough ground (related both with third parties and their business model) do so, which, in such scenario, as soon as possible, will be informed to its users.
3.3 The End Customers and Professional are obliged, when including info, to take in consideration current legislation enforcement, namely regarding the competition, consumer rights protection, deceiving advertising and discrimination, being equally forbidden obscene and indecent content, which violate morality or that are pornographic, it is also forbidden to establish references to other websites, whichever their nature is.
3.4 End Customers and Professionals agree in ensuring that none of the info provided do Fixando has any virus, macro virus, Trojan horses, worms or anything that may interfere or stop in any way a computer operational procedures.
3.5 End Costumers and Professionals are also forbidden of accessing the system without the express authorization, as well as to clandestinely intersperse or intercept data or info of any kind, particularly of personal matter.
3.6 Fixando doesn?t consider itself liable for any mistake, omission, inaccuracy or prevarication of the info provided by the End Customers and Professionals.
3.7 Fixando reserves the right not to use, in any way whatsoever, any info that breaches the present Terms of Use Agreement.
4. Rights and Obligations
4.1 By signing up as an End Customer or Professional to the Terms of Use Agreement you?re signing a contract between you and Fixando, leading to rights and obligations for each of the parties in particular:
4.1.1 The End Customer has the right to take advantage of the Website, in the terms and conditions stated in the Terms of Use Agreement, and abiding to the corresponding privacy policy.
4.1.2 Fixando is obliged to collect the requests from End Customers and other information pertaining these requests and to pass them on to the registered Professionals that provide services corresponding to the End Customers? needs.
4.1.3 The access from the Professionals to the requests of End Customers depends on the prior credits acquisition to receive requests according to chapter 8.
4.1.4 The End Customers oblige themselves to not submit requests not admissible in the terms of law or by the terms of the present Terms of Use Agreement.
4.1.5 The End Customers are exclusively responsible for the content and accuracy of any info they provide.
4.1.6 The End Customers and Professionals oblige themselves not to copy, reproduce, modify or in any other way use any of the website content, as well as not to use tasks and requests, which knowledge they?ve obtained through the use of the Website, to any purpose other than the one negotiated and/or celebrated on the contract, which was made available by the Website. Additionally, the End Customers and Professionals, oblige themselves not to send to any third party, or in any other way disclose requests that were made available through the Website, distribute or publicly display Website?s content without Fixando?s prior and expressed written consent.
4.1.7 End Customers and Professionals oblige themselves not to use Fixando?s website, its contents or services to any other end besides the one to what it is intended to, namely to unlawful and illegal purposes, or in any other way liable to enter in conflict with the legally protected rights of any third party.
4.1.8 The Professionals oblige themselves to perform the services and to do the task in conformity with the good practices of the respective professional activities and to uphold the deontological codes and technical regulations in which they fall.
5. Responsibility
5.1 Fixando doesn?t take part, in any way whatsoever, in the relationship contractually established between the End Customer and the Professional, whereby they recognize that it can?t be liable for any responsibility, namely regarding the agreement execution and the fulfilling of the contractual duties of both parties.
5.2 Similarly, Fixando can?t be considered liable for any contractual infringement or non-contractual by any of the parties and, as such, of any loss that may occur to any of the parties.
6. Conflicts
6.1 The conflicts that might arise from the established relationships between End Customers and Professionals must be reported to Fixando.
6.2 The collected info regarding the previous number is destined to allow Fixando to improve and update the info of the users registered on the website.
7. Penalties
7.1 Fixando has the right to clarify and investigate, on its own initiative and whenever it deems necessary, the complaints of which it becomes aware of, in order to review and decide about End Customers and Professionals continuous use of its website.
7.2 The website use can be discontinued for a certain period whenever it is proven that there has been a violation of any of the End Customers and/or Professionals obligations arising from the present Terms of Use agreement, scenario in which the usage of the Professionals credits is also suspended over the same period. The possibility to use the available credits is suspended until there?s a confirmation that this issue has been solved by both parties, Professional and End Customer. In the eventuality of not finding a resolution for the problem, the available credits will be suspended.
7.3 The End Customers and Professionals can be permanently prevented from using the website whenever there?s a violation of the present Terms of Use Agreement that proves itself to have been extremely severe, either due to behavior, or due to the means used or damages caused.
7.4 Fixando reserves the right to discontinue or end the service provided through the use of its website to an End Customer or Professional whenever there?re reasons to suspect that he/she is breaching or intends to breach the provisions of this Terms of Use Agreement or those of the applicable legislation.
7.5 The possibility to retain the credits already paid and the cases in which it is expected their refund to the respective professionals is made available on the credit refund policy.
8. Payments
8.1 For using the website as a Professional, Fixando charges the amounts presented on the: https://www.fixando.com/packages page
8.2 The use of the website by the End Customers is free.
9.Transitory and Final Provisions
9.1 In a scenario where any or some of the terms and provisions of the present Terms of Use Agreement is considered invalid, those will not be used, but such nullity doesn?t interfere with the remaining validity and application.
9.2 The implicit or explicit infringement from an End Customer or Professional of any of the provisions of the present Agreement, determines the cessation, effective immediately, of accessing the website.
9.3 The present Terms of Use Agreement is the entire agreement between Fixando and the End Customers and Professionals, replacing any previous document, including communications, exchange of intentions or any of agreement concerning this same content.
9.4 Any communication made in the scope or for the execution or fulfilling of the present Agreement can be made by email or physical mail to the contacts published in the website and contact info collected from the users.
9.5 Any change to the present Terms of Use Agreement needs to be written and brought to the attention of the counterparty, assuming their acceptance, if after having acquired knowledge of those, they continue using the website.
9.6 No provision present on the present Terms of Use Agreement provides or is liable to be mistaken as a liability of any partnership relationship, joint ventures, mandate, commission or any other besides the one that?s present in the contractual relationship celebrate after the present agreement.
