CLIENT TERMS AND CONDITIONS OF USE
These terms and conditions are applicable to your use of the OnCallSA Platform (as defined in paragraph 2 below) and contain the terms and conditions relating to the on which services which are to be rendered using the OnCallSA platform including limitations of liability, the provision of services by Service Partners in addition to imposing certain obligations on you. By using the OnCallSA platform, you accept these terms and conditions thereby indicating your full agreement thereto.1. Introduction1.1. OnCallSA provides a market place through an electronic platform which facilitates access to Service Partners who provide a variety of services such as, but not limited to, tiling, flooring installations, plumbing and building work.
1.2. This electronic market place facilitates the co-ordination of work between Service Partners and Clients including, but not limited to scheduling, timing, quoting, invoicing and related payments.
1.3. OnCallSA makes a vetted panel of Service Partners who are admitted to the panel only once they have met certain minimum requirements available to Clients.
1.4. Any transaction concluded through the OnCallSA platform is made between the Service Partner and Client. In no way shall it be understood or construed that OnCallSA shall act as agent or representative of either the Service Partner or the Client.
2 Aintree Road, North Riding
2.2. “you”, “your” and “Client” means any person who makes use of the OnCallSA platform in anyway including the services of Service Partners;
2.3. “Charges” means all the charges relating to services rendered for Clients including, but not limited to labour, parts and materials and removal of rubble as set out in paragraph 4 below;
2.4. “Quotation” means any quotation provided to you by any Service Partner through the Platform;
2.5. “Job” or “work” means the delivery of installation services by any Service Partner to you in terms of these Terms and Conditions of Use;
2.6. “Data” means essential information required by OnCallSA and its Service Partners in order to perform the Job, which will include some or all of the following:
- 2.6.1. Your first name and surname
- 2.6.2. Your telephone numbers and email addresses
- 2.6.3. Your residential address
- 2.6.4. Details about how to access your premises for purposes of performing the Job
- 2.6.5. Your bank and or Credit and Debit card details for purposes of exacting a deposit, interim and final payment for the Job
2.7. “Estimated Job Time” means in relation to each Job, the estimated time at which the Service Partner is to present themselves on-site for purposes of performing the Job as indicated on the OnCallSA Platform;
2.8. “Payment Method” means the method by which you choose to pay for the Job, either by Electronic Fund Transfer or by Debit or Credit card payment gateway
2.9. “Platform” means the OnCallSA website and mobile application system through which you may make use of the OnCall Services
2.10. “Website” means the website www.OnCallSA.co.za
2.11. Any reference to “us”, “OnCall” or “OnCallSA” includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service Partners and suppliers.
2.12. Any reference to “person” includes any individual, company, corporation, unincorporated association or body, government, state, organisation or other entity whether or not having separate legal personality.
3.2. You must create an OnCallSA account by entering your preferred email address and password before you may use this service. If you already have an account with us, you are required to log in providing your registered credentials.
3.3. Your account will be activated only once you have accepted our terms and conditions of use.
3.4. It is your responsibility to ensure all Data captured on the OnCallSA platform is accurate. In the event that any information provided by you is incorrect, neither OnCallSA, its Directors, Representatives, Service Partners nor any other Affiliates shall be liable for any incorrect charges, damages caused or omissions.
3.5. OnCallSA will use your Data to process your request, including identifying an appropriate Service Partner, creating an initial site inspection appointment, generating a Quotation, calculating the Estimated Job Time, scheduling the date and time at which the designated Service Partner will perform the job and subsequent invoicing and payment collection.
3.6. The Quotation will be valid for 7 days from the date of issue of the Quotation which, if not accepted, will expire and no longer be valid. If you do not accept the Quotation during this period you may need to re-submit your request together with the Data in order for us to generate a new Quotation.
3.7. If the Data you provide to us does not comply with our terms and conditions of use then we may decline to commence with the Service Booking and/or related Job.4. Payments4.1. The Service Partner shall determine the fair and reasonable rate and disclose this to you via the Quotation.
4.2. OnCall shall provide suggested rates however the final decision on how much to charge rests with the Service Partner and takes into account many factors such as distance, location, ease of access, complexity of Job, type of Job and others.
4.3. Should you not be satisfied with the rate, you are encouraged to contact OnCallSA who will attempt to assist you in receiving a revised price from the allocated Service Partner or arrange for a second Service Partner to also quote.
4.4. On acceptance of the Quotation (by selecting “accept quote” on the platform), this creates a binding agreement between you and the Service Partner and you authorise OnCallSA to deduct the agreed charges as contained in the quotation from your chosen method of payment in respect of the deposit amount and when the job is completed.
4.5. By accepting the Quotation, you agree to, and shall be liable for payment of a deposit amounting to 70% of the total labour value plus 100% of the material value of the Quotation including Value Added Taxation where applicable.
4.6. In the event of a variation in the scope of the job, the Service Partner shall issue a revised Quotation. Additional work shall not be performed until the revised Quotation is accepted by you. (all re-quotations must be done on the OnCallSA platform)
4.7. In the event that the revised Quotation is of lesser value than the original Quotation, the job as per the Quotation shall be performed regardless of whether or not you have approved the quote.
4.8. Once the work is successfully completed, the Service Partner shall indicate this on the OnCallSA platform. At this time, you shall be invoiced the full value of the job and become liable for the value of the Invoice or Tax Invoice less any deposits paid.
4.9. Your Invoice or Tax Invoice will be available to view on the OnCallSA platform and we may, in our discretion, send a copy to your email address.
4.10. Should the deduction from your chosen method of payment be unsuccessful for either the deposit or final Invoice Value, you shall be obliged to effect payment to us within 48 hours after delivery of such invoice, either via electronic funds transfer or by any other method agreed to by OnCallSA.
4.11. Any overdue and outstanding amounts shall attract interest at prime plus 4%, calculated daily, capitalized monthly, where the prime rate will be determined using the rate as published by Investec Bank and amended from time to time.
4.12. The currency used will be ZAR South African Rands. Services are only performed within the borders of South Africa and as such, this is the only currency that will be accepted as payment.5. Cancellations and Refunds5.1. In the event that you wish to cancel a service prior to that service commencing, you are welcome to do so by notifying us. The following cancellation charges will be applied against any payments made. These cancellation fees are calculated based on the total quote value (and not the deposit) of the job;
- 5.1.1. More than 48 hours prior – 0% fee
- 5.1.2. Between 48 hours and 24 hours – 20% fee
- 5.1.3. Less than 24 hours – 30% fee
5.2. In the event that the allocated Service Partner fails to arrive within 60 minutes of the pre-agreed time to undertake the Job and you no longer wish to use its services or any alternative Service Partners listed on its platform, we will refund you any monies and deposits paid to that point.
5.3. You must send an email to firstname.lastname@example.org and state the quotation number, reason for refund.
5.4. Should you have paid via EFT, also provide us with the bank details of a South African bank account into which you require us to deposit the funds into in your email. We may require you to send us a cancelled cheque or bank statement (you may hide the transactions and balance amounts) attached to your email to allow us to validate the banking details.
5.5. Should you have paid via Credit card or Debit card, also include the Full Name of the card holder, Credit card or Debit card number, expiry date to allow us to effect the refund.
5.6. We shall process the refund within 5 working days of receipt of your email request and you should allow an additional three (3) days should you bank with a different bank to OnCallSA.6. On-site6.1. You are responsible for ensuring that the Service Partner and his/her staff have the necessary access to your premises to perform the job. This includes making the necessary arrangements with security companies or security personnel who provide access control to your premises.
6.2. Should the Service Partner be unable to gain access to your premises, you may be charged a penalty fee for each hour (or part thereof) which they could not gain access. The penalty fee shall be calculated at R100 per hour per Service Partner employee.
6.3. The Service Partner details will be provided to you at the time of scheduling the Quotation appointment and again at the time of scheduling the Job. These details shall include the name of the Service Partner, the designated vehicle details and all approved members of the Service Partner’s employees.
6.4. It is your responsibility to ensure that access is granted only to the approved Service Partner and their approved staff as listed on the abovementioned communication.
6.5. In the event an unapproved person seeks access to your property, we require you to deny access and immediately notify us.
6.6. In order to perform the Job, the Service Partner requires clear, unrestricted access to the area in which the Job will be undertaken. You agree to ensure that clear access is provided throughout the period of the Job. This includes ensuring any animals are removed from the area where the Service Partner and their team will require access to during the Job.
6.7. You shall also clear the site of any obstructions including fixtures, furniture and any other items which may obstruct the site and hinder the Service Partners’ ability to perform the Job.
6.8. You agree to refrain from asking the Service Partners employees to move any fixtures and furnishings and should you fail to do so, neither OnCallSA nor the Service Partner and their employees may be held responsible for any damages caused.
6.9. The nature of the Job may cause a mess and dust. You agree to take reasonable precautions to protect your property from damage and dirt while the Service Partner is on site.
6.10. You agree to provide ablution facilities to the Service Partner and their staff while they perform the Job.
6.11. You agree to provide all reasonable access to the Service Partners to use electricity and water or other utilities as may be agreed to, free of charge for the duration of the Job.7. Non circumvention7.1. You agree that you shall not make an attempt to engage directly with a Service Partner or any of their employees for the purpose of offering employment or doing work for you either directly or indirectly.
7.2. Furthermore, you shall not request the contact details of the Service Partner and any of their employees and shall direct all communications to OnCall unless the Service Partner is on-site.
7.3. In the event that it is later discovered that OnCall and/or the Service Partner has been circumvented in the job booked via the platform or any other future job not booked via the platform, OnCall shall be entitled to claim an amount of 30% of any payments made for such work.8. Liability8.1. OnCallSA shall, under no circumstances be held liable for any damages, losses or loss of income caused by the Service Partner or the Client whatsoever.
8.2. OnCall shall assist the Client or Service Partner in resolving a matter of dispute in good faith should one arise. You agree that such assistance shall not imply liability either jointly or separately.
8.3. OnCall requires its Service Partners to have third party liability, public liability and professional indemnity insurance cover. Reasonable steps shall be taken to ensure this cover is in place when the Service Partner is added to the panel and once a year thereafter.
8.4. Should the Service Partner insurance policy lapse, OnCallSA shall not be held responsible for any losses or damages which are not recoverable from the Service Partners Insurance Company.9. Extraordinary Events or Circumstances9.1. For these terms and conditions of use, the expression “force majeure” will mean and include a power failure, fire, flood, strike, national calamity or riot, act of God (including flooding, earthquake and other natural disasters), or any cause or event arising out of or attributable to war, which prevents OnCall, or the designated Service Partner from fulfilling their obligations to you.
9.2. If by reason of any event of force majeure, the Service Partner is delayed or prevented from fulfilling their obligations then such delay or non-performance will not be deemed to be a breach of this agreement and you cannot claim any loss or damage by reason of delay or non-performance.10. Warranties10.1. OnCallSA shall use reasonable care and skill when providing co-ordination services between Service Partners and Clients. We will also make reasonable efforts to ensure the communication, arrangements, payments and the Job are delivered in a professional and timely manner.
10.2. We have agreements with all listed Service Partners and impose on them the requirement to act with similar care and skill when performing work on your premises
10.3. You warrant that you are the legal owner of the premises at which the job will be performed or have the consent from such owner.
10.4. In the event that Service Partners make use of materials or parts provided by you, you warrant that such materials and parts are of sufficiently high quality so that it does not affect the standard of work provided by the Service Partner.
10.5. You further warrant that any claims against the supplier of such materials and parts shall be directed exclusively to the supplier thereof and you indemnify the Service Partner and OnCallSA from any claim related thereto.11. Dispute resolution11.1. In the event that you have a dispute with the quality of work provided by any of the Service Partners booked through OnCallSA, please notify us within 7 days via email at email@example.com
11.2. Provide as much information in your email as possible and include photographs of the problem areas.
11.3. We shall assess the dispute within 3 working days from the date of being notified of the dispute and may call you should we need to obtain additional information.
11.4. After our initial assessment, we shall make a decision to either request the Service Partner to attend to the issue or, make arrangements for one of our alternative Service Partners or panel experts to assess the matter. In each case, we shall use all reasonable measures to contact you and arrange a mutually acceptable time with yourself and the Service Partner. It is understood that the decision of OnCallSA is final and binding on you.
11.5. In the event that the matter can be resolved by the Service Partner and it is deemed to be a fault at installation, there will be no charge for the call out or labour in resolving the matter.
11.6. In the event that the matter was as a result of an event that took place after the installation, the Service Partner will advise you of his findings and will create a subsequent invoice for any amounts to be charged.
11.7. In the event that you do not agree with the additional charge, we will attempt to resolve the dispute amicably and to the satisfaction of all Parties.
11.8. Should a resolution not be possible we shall refer the matter to our panel of experts to make an arbitration ruling.
11.9. The panel of experts is made up of no fewer than 3 (three) people who have no less than 10 years’ experience in the discipline in which arbitration is required and who are independent of any of the Parties involved in the dispute.
11.10. The ruling of the arbitrating panel of experts is final and binding on the Parties. You agree to be bound by this decision.
11.11. For product claims, please refer these to the supplier of those products.
11.12. Should you require assistance from OnCallSA in submitting your claim successfully, please contact us on firstname.lastname@example.org. Liability12.1. The conditions of each Service Partner agreement with us is that they shall have paid up insurance covering Contractors all risks to the value of R200 000 and public liability insurance to the value of R1 000 000 (one million Rand) or more.
12.2. Any claims for compensation must be made directly against the Service Partner and their Insurer. We shall however assist you in processing a claim.
12.3. You acknowledge that OnCallSA and its Service Partners’ ability to perform the Job is dependent on a number of external factors beyond the control of either Parties. As such, provided OnCallSA and its Service Partners use reasonable efforts to perform such Job within a reasonable period of time, it will not be legally responsible (liable) to you (or to anyone else) for any late delivery or non-performance.
12.4. We shall not be liable for damages resulting from the use (or the inability to use) the OnCallSA Platform, including damages resulting from failure or delay in delivery of electronic communication.
12.5. OnCallSA shall not be held liable for any damage, loss of income, death or injury or costs incurred due to delays, workmanship, quality of product or for any other reason caused as a result of the work performed under this agreement at any time during the work or after the work is completed.
- 12.6.1. does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or willful default or that of any other person acting for or controlled by us, or liability for death or personal injury) to the extent that the law does not allow such a limitation or exemption;
- 12.6.2. requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
15.2. You and we agree to submit to the personal and exclusive jurisdiction of the Magistrate’s courts located in Johannesburg.
15.3. Our failure to exercise or enforce any right or provision of these terms of conditions of use shall not constitute a waiver of such right or provision.
15.7. You consent to the jurisdiction of the Magistrates’ Court in terms of section 45 of the Magistrates’ Court Act, 1944 in respect of all proceedings connected with the Delivery Services, even if the amount claimed or the value of the goods in dispute exceed the jurisdiction of the Magistrates’ Court.