Online Service Agreement for Home Services
This Online Service agreement (the “Agreement”) is dated TODAY and entered into
First Party: www.shomeservices.ae, an online service network place (“the Online Service Agent”) operated by Latest On LLC (“the Company”) incorporated in Dubai, United Arab Emirates; and
Second Party: the Company registered as a Service Provider on the website www.shomeservices.ae as per the Terms and Conditions of the website www.shomeservices.ae and incorporated in the United Arab Emirates (the “Service Provider”).
The Online Service Agent and the Service Provider being sometimes referred to herein as the “parties” and each a “party”.
- This Agreement serves as the User Agreement and the Terms & Conditions governing the Service Provider’s access to and use of the website www.shomeservices.ae and its related sub-domains, sites, services, mobile applications, web applications and various tools (collectively called the "Online Portal"). By accepting these terms and conditions (including the linked information herein), and by using the Online Portal, the Service Provider confirm and agree to comply with this Agreement with Online Service Agent in relation to the Service Provider’s use of the Online Portal. This Agreement is effective upon acceptance.
- If Service Provider does not agree to be bound by this Agreement, Service Provider is NOT allowed to access, register with or use this Online Portal.
- The Online Service Agent has a big number of companies/consumer registrations and contacts in connection with its website, who may be interested in purchasing certain home services from the Service Provider (the “Services”).
- The Service Provider wishes to be connected to such contacts (each, a “Service Request”), and is willing to pay the Online Service Agent on the terms of this Agreement and the Online Service Agent is willing to provide these connections in return.
- OBLIGATIONS OF THE ONLINE SERVICE AGENT
- The Service Provider appoints the Online Service Agent to identify Service Request for the Service Provider and to make connections of such contacts on the terms of this Agreement.
- The Online Service Agent shall:
- Provide notice to the Service Provider in writing (by email or via the Online Service Agent’s Online Portal) of any such Service Requests; and
- Upon receiving from the Service Provider the acceptance to quote for the provision of such Services pursuant to clause 1.2.1 above, as applicable, provide the Service Provider with the available contact details for the relevant Service Request; unless the Service Request has explicitly stated not to share such contact details.
- The Online Service Agent shall not make, negotiate, or enter into any contracts or commitments or incur any liability for or on behalf of the Service Provider.
- The Online Service Agent shall settle any amounts collected from the customers on a weekly basis to Service Provider after deduction of Online Service Agent’s Commission. All the settlements shall be made to the latest Bank Account as provided by the Service Provider.
- OBLIGATIONS OF THE SERVICE PROVIDER
- Service Provider is responsible for maintaining the confidentiality of, and restricting access to and use of, Service Provider’s account credentials including but not limited to user name and password, and accept responsibility for all activities that occur under the account. Service Provider agrees to immediately notify the Online Service Agent of any unauthorized use of account credentials or any other breach of security. In no event will Online Service Agent be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of Service Provider’s account credentials.
- The Service Provider shall, at all material times, act in good faith towards the Online Service Agent and provide the Services in accordance with “Industry Best Practice”.
- The Service Provider shall inform the Online Service Agent immediately, by e-mail or in writing, if the Service Provider suspends or ceases to perform their Services.
- The Service Provider confirms that they offer the best possible discounted price for the Services offered through the Online Service Provider to ensure that most customers are attracted to the Service Requests online.
- The Service Provider confirms that they respond to the Customer in 10 minutes, if the Service Request received during normal working hours. In case of receipt of Service Request other than normal working hours, Service Provider must respond to the customer in 10 minutes in the first hour of regular working hours to ensure customer satisfaction and improve minimum response time for booking Service Requests Online.
- In the event of the Service Provider failed to deliver the Service or up to the satisfaction of the Customer after the acceptance of Service Request by the Service Provider on the Online Portal shall refund entire amount paid by the customer to the Online Service Agent including the Agent’s Commission, if the same or part of it is already settled to the Service Provider.
- The Service Provider confirms that they shall provide their bank account details on the Service Provider’s formal letterhead for the settlement of any dues from the Online Service Agent.
- The Service Provider confirms that any direct Cash collected from the Customers shall be adequately communicated to the Online Service Agent immediately and shall be settled to the bank account of Online Service agent on a weekly basis.
- The Service Provider confirms that in case of any claims from the customer to the Online Service Agent relating to the services provided by the Service Provider shall be legally automatically transferred to the Service Provider and Online Service Agent shall bear no responsibility of any such claims.
- The Service Provider agrees to communicate by email or by posting notices on the Online Portal. Service Provider agrees that all agreements, notices, disclosures and other communications that Online Service Agent provides electronically satisfy any legal requirement that such communications be in writing.
- Online Service Agent reserve the rights to send promotional emails and SMS to communicate the Service Provider about any new changes, features or promotional activities added to the Online Portal.
- CUSTOMER REVIEWS AND FEEDBACK
- The Service Provider hereby grants to the Online Service Agent full and unconditional rights to survey, collect and publish on their website, www.shomeservices.ae or any other Company-owned website, or via any other medium whatsoever (including but not limited to email correspondence), any reviews, postings, ratings, comments, suggestions, submissions or any other end-user feedback of any nature whatsoever (collectively, the “Reviews”) provided by Service Customer to the Only Service Agent in connection with their respective experiences with the Service Provider. The Service Provider agrees and undertakes that the Online Service Agent shall take no responsibility and shall assume no liability for any Reviews published on such website or any other medium whatsoever (including but not limited to email correspondence), and shall not be liable for any mistakes, defamation, slander, libel or falsehoods in relation to the Service Provider in connection with such Reviews.
- The Online Service Agent will take all reasonable steps to verify the Reviews as originating from an actual Service Customer.
- All verified Reviews are checked for relevance to other Service Customers and respectfulness (e.g. profanity).
- Positive Reviews are published straight away, both Service Customer and Service Provider will receive notification that the Review has been published.
- Negative Reviews are not published without providing the Service Provider with a 3-day formal response period, during which the Service Provider may respond to the Review.
- FEES AND PAYMENT
- The Service Provider agrees that this Agreement shall continue for the “Term” from the date of this Agreement.
- The Online Service Agent shall be entitled to an “Agent Commission” from the Service Provider as compensation for its Services. Please refer below for the schedule of fees:
|Online Service Agent Commission*
||10% of The Service Fee
* The above rates are exclusive of 5% VAT.
- The amount of Online Service Agent Commission payable (the “Fee”), will be accounted and invoiced as soon as the Service Request has been accepted by the Service Provider or the Customer pay the Service Fee either of the first. Service Provider shall settle such invoice on a weekly, in case of the direct payment by the customer to the Service Provider. The Fee may be amended at the sole and absolute discretion of the Online Service Agent, with due notice provided to the Service Provider by e-mail or in writing or through the Online Portal.
- The Online Service Agent will record all the transactions as credit (amount collected from Customer or refunds, etc.) or debit (Accepted Service Request but not paid by the Customer or any fines, etc.) to the Service Provider’s account.
- Payments are accepted from Customers and Service Provider in the form of Online Direct Payment, Current Dated Cheques or Direct Cash Deposit to Online Service Agent’s bank account.
- In the case that any cheque issued by the Service Provider that “bounces” due to insufficient funds or is rejected by the relevant financial institution for any other reason must be rectified within 7 days and will incur an AED 500 administration fee payable to the Company.
- Termination of this Agreement, howsoever arising, shall not affect the continuation in force of this clause and the Service Provider's obligation to pay the Fee to the Online Service Agent in accordance with it.
- COMMENCEMENT AND DURATION
- This Agreement shall commence on the date of acceptance and shall continue for the “Term” of the Agreement indicated below.
- The Agreement shall continue until the Service Provider provides a written notice to terminate the Agreement according to the Termination Clause 6 below or the Agreement is terminated by the Online Service Agent according to the Termination Clause 6 below.
- Without prejudice to any rights that have accrued under this Agreement or any of its rights or remedies, either party may at terminate this Agreement by giving written notice to the other party 30 days in advance.
- Online Service Agent reserve the right to cancel the accounts that have been inactive for a long time.
- Online Service Agent shall cancel the account and terminate the agreement in case of identification of any forms of breach of contract, any kind of fraudulent activity or any activity which may claim against the laws of the country United Arab Emirates.
- Termination of this Agreement, for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.
- The Service Provider undertakes to indemnify and hold harmless the Online Service Agent, its officers, directors, employees and agents from and against any claims, damages, losses, actions, demands, costs, or expenses whatsoever, including without limitation, reasonable legal and accounting fees, arising out of or in connection with its performance of its obligations under this Agreement or resulting from the Service Provider’s violation of any rights of third parties.
- Without prejudice to its liability to indemnify the Online Service Agent, the Service Provider shall, in accordance with industry best practices and all applicable laws, maintain at its own cost, such insurance policy or policies with insurers of repute that will provide the Service Provider (and/or any of its sub-contractors) with sufficient cover in respect of any potential liabilities and obligations pursuant to this Agreement.
- Termination of this Agreement, howsoever arising, shall not affect the continuation in force of this clause 6 and the Service Provider's obligation to indemnify the Online Service Agent in accordance with it.
- INDEPENDENT STATUS
The Online Service Agent is an independent contractor, and nothing in this Agreement shall constitute the creation, establishment or relationship of partnership, joint venture or employer and employee between the parties.
- GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of the United Arab Emirates and any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the United Arab Emirates.