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REGULATORY DATA GOVERNANCE

Standard Service Agreement

IMPORTANT NOTICE
 

This Standard Service Agreement ("Agreement") governs all service engagements facilitated through the MiFix360 Platform.

By accepting, awarding, or undertaking a Job through the Platform, both the Client and Service Provider agree to be bound by this Agreement.

MiFix360 is not a party to this Agreement.
 

This Agreement is concluded solely between the Client and the Service Provider.
 

1. PARTIES
 

1.1  Client
 

The person, business, institution, or organization requesting services through the MiFix360 Platform.
 

1.2 Service Provider
 

The individual, business, or enterprise accepting or undertaking services through the MiFix360 Platform.
 

2. PURPOSE
 

The purpose of this Agreement is to establish the terms governing services provided through MiFix360.
 

3. Incorporated Documents Clause
 

The following documents form part of this Agreement:
 

Terms & Conditions;

Privacy Policy;

Provider Verification Policy;

User Verification Policy;

Fraud Prevention Policy;

Acceptable Use Policy;

Safety & Risk Disclaimer;

Insurance & Liability Policy;

Cookie Policy.
 

4. Fraud and Platform Integrity
 

Reference the new Fraud Prevention Policy.
 

5.NATURE OF RELATIONSHIP
 

The Service Provider:
 

• acts as an independent contractor;
• is not an employee of MiFix360;
• is not an employee of the Client unless separately agreed in writing.

Nothing in this Agreement creates:

• employment;
• partnership;
• agency;
• joint venture.
 

6. FORMATION OF AGREEMENT
 

A binding agreement shall come into existence when:
 

(a) the Client awards or accepts a quotation from the Service Provider; and

(b) the Service Provider confirms acceptance of the engagement through the Platform.
 

7. SCOPE OF SERVICES
 

The Service Provider agrees to perform the services described in:
 

• the Job Request;
• the accepted quotation;
• any approved amendments recorded through the Platform.
 

The parties may agree to modify the scope provided such amendments are documented through the Platform or in writing.
 

8. SERVICE FEES
 

The Client shall pay the agreed amount for services rendered.
 

Unless otherwise agreed:
 

• all fees shall be inclusive of applicable taxes;
• additional work outside the original scope shall require approval by the Client.
 

MiFix360 facilitation fees are separate from this Agreement.
 

9. PAYMENT ARRANGEMENTS
 

Unless otherwise agreed:
 

• payment arrangements shall be governed by the MiFix360 Terms and Conditions;
• MiFix360 may facilitate payment collection where payment features are enabled.
 

Where direct payment arrangements exist, both parties acknowledge that MiFix360 is not responsible for payment disputes.
 

10. CLIENT RESPONSIBILITIES
 

The Client shall:
 

• provide accurate job information;
• provide reasonable access to the work site;
• provide necessary approvals and information;
• maintain a safe working environment;
• cooperate with the Service Provider.
 

11. SERVICE PROVIDER RESPONSIBILITIES
 

The Service Provider shall:
 

• perform services professionally and diligently;
• comply with applicable laws and regulations;
• maintain required licences and registrations;
• maintain appropriate insurance where applicable;
• perform work with reasonable skill and care;
• comply with health and safety requirements.
 

12. HEALTH, SAFETY AND ENVIRONMENT
 

The Service Provider shall:
 

• comply with all applicable health and safety legislation;
• take reasonable precautions to prevent injury or damage;
• stop work where unsafe conditions exist.
 

The Client shall ensure that reasonably safe access is provided.
 

13. QUALITY OF WORK
 

The Service Provider warrants that:
 

• services shall be performed with reasonable skill and care;
• services shall substantially conform to the agreed scope.
 

Nothing in this clause creates an unlimited warranty.
 

14. INSURANCE
 

Service Providers shall comply with the MiFix360 Insurance & Liability Policy and maintain insurance required for their verification level.

Service Providers shall maintain insurance appropriate to the nature and scale of the services provided.
 

For Level 3 and Level 4 Providers, insurance requirements may include:
 

• Public Liability Insurance;
• Professional Indemnity Insurance;
• Contractor's All Risk Insurance;
• Vehicle Insurance;
• Compensation Fund registration.
 

15. PROFESSIONAL SERVICES
 

Where professional services are rendered, the Client acknowledges that:
 

• professional advice is based on information available at the time;
• professional judgement may vary.
 

Clients remain responsible for obtaining independent advice where appropriate.
 

16. DELAYS
 

Neither party shall be liable for delays caused by:
 

• weather;
• force majeure events;
• civil unrest;
• acts of government;
• circumstances beyond reasonable control.
 

The affected party shall notify the other party as soon as reasonably practicable.
 

17. CANCELLATION
 

Cancellation of engagements shall be governed by:
 

• MiFix360 Terms and Conditions;
• MiFix360 Refund and Cancellation Policy.
 

18. DISPUTE RESOLUTION
 

The parties agree to first attempt to resolve disputes amicably.
 

Where disputes cannot be resolved:
 

• MiFix360 may facilitate discussions but is not obligated to adjudicate disputes;
• either party may pursue legal remedies available under South African law.
 

19. PROPERTY DAMAGE
 

The Service Provider shall be responsible for damage caused through:
 

• negligence;
• misconduct;
• unlawful acts.
 

The Client shall promptly notify the Service Provider of any alleged damages.
 

20. INTELLECTUAL PROPERTY
 

Any intellectual property created during the engagement shall belong to the Client unless otherwise agreed in writing.

Pre-existing intellectual property remains the property of the original owner.
 

21. CONFIDENTIALITY
 

Both parties agree to keep confidential information obtained during the engagement confidential and shall not disclose such information without consent unless required by law.
 

22. LIMITATION OF LIABILITY
 

MiFix360 shall not be liable for:
 

• defective workmanship;
• non-performance;
• payment disputes;
• delays;
• personal injury;
• property damage.
 

MiFix360's role is limited to providing a digital marketplace platform.
 

23. INDEMNITY
 

The Client and Service Provider agree to indemnify and hold harmless MiFix360, its directors, employees and agents against claims arising from:
 

• services performed;
• acts or omissions of either party;
• breach of this Agreement.
 

24. GOVERNING LAW
 

This Agreement shall be governed by the laws of the Republic of South Africa.
 

25. ELECTRONIC ACCEPTANCE
 

Acceptance of a Job, quotation, or service request through the MiFix360 Platform constitutes electronic acceptance of this Agreement in accordance with the Electronic Communications and Transactions Act, No. 25 of 2002.
 

26. ENTIRE AGREEMENT
 

This Agreement, together with the MiFix360 Terms and Conditions and related policies, constitutes the entire agreement between the Client and the Service Provider regarding the relevant engagement.
 

27. Electronic Acceptance Clause
 

Acceptance of this Agreement electronically through the MiFix360 Platform constitutes a legally binding electronic signature in accordance with the Electronic Communications and Transactions Act (ECTA).

End of Agreement

 

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