Terms And Condition

Terms And Conditions

Terms and conditions for customers

These Terms and Conditions govern the facilitation services that PrimHive.com will make available to you, and are in addition to the website terms of use that apply from time to time, to your use of the website.

We encourage you to read these Terms and Conditions carefully before using our website, as by using our website and using the facilitation services, you are confirming that you accept these Terms and Conditions and that you will comply with them.

1. Definitions

“The platform” – means the PrimHive website
“Service providers” – means the person or company carrying out cleaning services.
“Client” – means the person, company for which the cleaning services are supplied by the service providers on the platform.
“Service” – means the cleaning services carried out by the service providers.
“Cleaning Visit” – means the visit to the client’s service address by the cleaner in order to carry out the service.

2. The Facilitation Services

PrimHive.com operates the website which has been established to facilitate introductions between potential customers and professionals for the provision of a wide range of cleaning services. Our separate website terms of use apply to your use of the website.
Customers will be able to search the website to find potential service providers, and the website algorithms will help identify service providers who may be able to meet the customer’s requirements.
To use the facilitation services, you will be required to accept these Terms and Conditions following the instructions on the website, and a contract will be formed between you and us for the provision of the facilitation services at that point. You will need to enter into a separate contract with any service provider you wish to instruct to provide you with services. See below for more information.
When you have submitted your desired service, your request will be shared with service providers who may be able to fulfill the criteria that you provided. The service providers will revert with a quotation directly on the platform, after you have viewed the quotation(s), you will have the option to accept the one you desire or reject all. If accepted, the service provider selected will be notified and their contact details will be shared with you.
You will be entitled to review the information you receive from the service providers and may or may not decide to engage a service provider to provide the services you require. We cannot in any way endorse or confirm that the service providers identified as a result of the facilitation service we offer are able to fulfill your requirements, and it will be your sole responsibility to engage with the service provider to establish whether they can meet your requirements prior to you entering into a customer contract. If you do engage a service provider to provide the services, you will become a customer of the service provider and will enter into a customer contract with them. For the avoidance of doubt, the services are provided to you by the service provider and not by PrimHive.com.
PrimHive.com shall provide a link from the website to the service provider’s own website (where applicable), and shall include a facility for customers to review a service provider's performance which shall be available on the website for other prospective customers to see.
Reviews should be honest, based on your own experience, and should not contain racist or sexist content, content that is otherwise offensive, content that condescends to certain people or groups, copyrighted material, unlawful content, any personal information, or any information which you know to be inaccurate or false. We reserve the right to remove reviews that do not comply with these guidelines and may ban you from leaving further reviews in the future.
PrimHive.com has no influence or control whatsoever over the information contained on the service provider’s website and accepts no liability for its content. The content of such third-party websites is the responsibility of the respective service provider. You will need to contact directly with the service provider for any queries you require from them.
The facilitation services shall be provided to you at no cost.

Important:
PrimHive.com acts only as a facilitator of the introductions referred to above, and the provision of any services by a service provider to a customer will be subject to an entirely separate legal contract. If there are any issues with the performance of those services by the service providers, you will have legal rights of redress against the service provider directly, and not against PrimHive.com.

3. Data Protection

Please see our Privacy Policy and Cookie Policy for more information on how your personal information will be used.

4. Liability

As provided for in Clause 2 above, you acknowledge that the contract for the provision of the services is between you and the service provider and as such, it is the service provider who is responsible for the provision of the services to you. PrimHive.com shall have no liability to you whatsoever in respect of the provision of the services and/or your dealings with any of the service providers who are listed on the website.
Nothing in these Terms and Conditions limits or excludes our liability to you for:

death or personal injury resulting from negligence;
fraud or fraudulent misrepresentation; or
any other matter for which we are not permitted by law to exclude or limit our liability.
Service providers registering on the platform with fraudulent documents

We accept no liability for the information contained on any third-party websites linked to our website and we won't be liable for any loss or damage that may arise from your use of them.

If you are an individual consumer.

Please note that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If you are a business customer

We exclude all conditions, warranties, representations, or other terms which may apply to this website or any content on it, whether express or implied. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the facilitation services. In particular, we will not be liable for:

loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill, or reputation; or
any indirect or consequential loss or damage.

5. General provisions

We make changes to these Terms and Conditions from time to time. You should therefore check these Terms of Conditions whenever you return to our website to see whether any changes have been made, as these will be binding on you.
We may transfer our contract to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organization.
You need our consent to transfer your rights to someone else.
Nobody else has any rights under our contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay enforcing these Terms and Conditions, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

If you are an individual consumer

Which laws apply to our contract and where you may bring legal proceedings? These Terms and Conditions are governed by South African law and you can bring legal proceedings in the South African courts.

If you are a business customer

If you are a business user these Terms of Use (and any non-contractual obligations arising out of or in connection with them) are governed by the law of South Africa, you have exclusive jurisdiction to determine any dispute arising out of or in connection with them (including without limitation in relation to any non-contractual obligations).

Terms and conditions for service providers

These Terms and Conditions will apply to the facilitation services that PrimHive will make available to you, and are in addition to the website terms of use that apply from time to time, to your use of the Website (as defined below).

1.Definitions

“The platform” – means the PrimHive website
“Customers” – means a Prospective Customer who chooses a service provider to provide services to them;
“Client” – means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the cleaning services are supplied by the service providers on the platform.
“Service” – means the cleaning services carried out by the service providers.
“Cleaning Visit” – means the visit to the Client’s service address by the Cleaner in order to carry out the Service.

2. Contractual model & a description of the facilitation service

Upon acceptance of these Terms and Conditions by you, and in exchange for a monthly subscription fee from you, PrimHive.com will provide your contact details to potential customers from time to time as more particularly described below.
PrimHive.com operates the website which has been established to facilitate the provision of service providers' contact details to potential customers for the provision of a wide range of cleaning services.
Prospective customers will be able to search the website to find potential service providers to meet the prospective customer’s requirements.
By accepting these Terms and Conditions, you agree that you will need to register as a “ Service provider” on the website, which will mean that potential customers will have the right to access the relevant information provided by you in exchange for a monthly subscription fee. By paying a monthly subscription fee, PrimHive.com will share your contact details which would be provided by you, with prospective customers, so that they can get in touch with you. The prospective customer will be entitled to review any responses they receive from you and other service providers, and may or may not decide to enter into a separate contract with you or another service provider. When you are engaged by a prospective customer, those people will become your customer. For the avoidance of doubt, a customer is a customer of the service provider, and not a customer of PrimHive.com.
Upon completion of a service providers registration on the website, PrimHive.com shall provide a link from the website to the service provider’s own website, and shall include a facility for customers to review a service providers performance which shall be available on the website for prospective customers to see. You acknowledge and agree that any reviews left are the customers’ own opinion, and that PrimHive.com is not liable to you in any way whatsoever for the content of such reviews. You will ensure that any website that is linked to your profile on the website complies with all applicable laws, guidance and regulations.

Important:
PrimHive.com acts only as a facilitator between service providers and prospective customers, and the provision of any services by a service provider (including the services provided by you) to a customer will be subject to an entirely separate legal contract. If there are any issues with the performance of those services by you, the customer will have legal rights of redress against you, as the service provider, directly.

3.Quality of the Facilitation Services

The facilitation services will be provided by PrimHive.com using reasonable care and skill. Time will not be of the essence as we have stated on the website that any contacts will be provided within a prescribed period of time.
In the case of PrimHive.com’s performance of the facilitation services, unless expressly stated otherwise in these Terms and Conditions, all warranties, conditions, and other terms implied by law (whether by statute, common law, or otherwise) are excluded from these Terms and Conditions
Unlike other providers in the market, the facilitation services do not make any guarantees that you will be successful in being hired by a prospective customer for services, and our role is only to give you the opportunity to make contact with a prospective customer. If you do not secure a job with a prospective customer who has issued a request on our website, you will not be entitled to any subscription fee refund from us. Please see Section 6 below for further information regarding our policy on subscription fee refunds.

4.The service providers' obligations

You warrant to PrimHive.com that the services that you provide to your customers will be performed by you and anyone acting on your behalf with due care and diligence, with integrity, and to a such high standard of quality as it is reasonable for the customer to expect in all the circumstances, and shall comply at all times with all laws, guidance, and regulations that apply to your provision of the services to your customers (including, without limitation, those relating to data privacy, consumer law, and health & safety).
You will at all times: (a) cooperate with us in all matters relating to the facilitation services; (b) provide, in a timely manner, such information as we may reasonably require, and ensure that it is accurate and complete in all material respects; (c) comply at all times with our website Terms of Use; (d) comply with all policies and requirements as specified on the website, as updated by us from time to time; (e) comply with any vetting requirements that we may impose on you from time to time; (f) ensure that you make it clear to customers that any services to be provided are provided to them by you and not by PrimHive.com.
You will comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption including but not limited to the Bribery laws in South Africa.

5.Subscription fees

For us to share your contact details with prospective customers, you will be required to subscribe to a monthly fee program with us. You have the option to pay your subscription fees on a monthly basis or take up long-term packages.

6.Refunding Credits

Subscription fees purchased are non-refundable. There may be cases where a prospective customer decides not to choose any of the service providers we introduce them to, and this is entirely at the discretion of the prospective customer. Even in these instances, no refund would apply.
By signing up as a service provider on our website, you acknowledge that you will not receive any refund for your subscription fee should you decide to deactivate your PrimHive.com account under any circumstance.

7.Intellectual Property Rights

The property and any copyright design rights or other intellectual property rights in any material, data, or other information provided to you by PrimHive.com, including all information and content on the website, (subject to any such rights of any third party) belong (or continue to belong) to PrimHive.com.

8.Data Protection

Please see our Privacy Policy [ insert link ]and Cookie Policy [ insert link] for more information on how your personal information will be used.

9.Liability

As provided for in Clause 2 above, you acknowledge that you remain contractually liable to customers for the provision of the services, but you acknowledge that PrimHive.com may suffer reputational damage if you do not perform your contractual obligations under customer contracts properly. You hereby agree to indemnify PrimHive.com in full against all losses (including all direct, indirect and consequential losses), liabilities, costs, damages and expenses that we do or will incur or suffer, all claims or proceedings made, brought or threatened against PrimHive.com by any person (including, without limitation customers) and all losses, liabilities, costs (on a full indemnity basis), damages and expenses we do or will incur or suffer as a result of defending or settling any such actual or threatened claim or proceeding, in each case arising out of or in connection with your breach of your obligations set out in Clause 2 above.
Subject to Clause 9.3 below, PrimHive.com will have no liability to you for any: (a) loss of profit, loss of sales or business (in each case whether direct, indirect or consequential); (b) loss of or damage to goodwill, loss of reputation or loss of opportunity (in each case whether direct, indirect or consequential); (c) any liability you may owe to any third party, including, but not limited to, a customer (in each case whether direct, indirect or consequential); (d) loss of use or value of any data or software (in each case whether direct, indirect or consequential); (e) indirect or consequential loss.
Nothing in these Terms and Conditions will operate to exclude or restrict any liability of either you or us: (a) that cannot be excluded or restricted in these Terms and Conditions in respect of death or personal injury resulting from negligence; (b) for its fraud or fraudulent misrepresentation or fraud or fraudulent misrepresentation by a person for whom it is vicariously liable; or (c) for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, its liability.

10.Information & Confidentiality

Any information provided by PrimHive.com or concerning PrimHive.com’s affairs shall be kept confidential by you and all information provided by you which is so designated by you shall be kept confidential by PrimHive.com; but the foregoing shall not apply to any documents or other materials, data or other information which enter the public domain (other than by breach of this Clause 10.1, or where any disclosure is required by law or regulatory authority.)
Neither party shall use the other’s name, trademarks, service marks or logos for any promotional or publicity purposes without the express written consent of the other.

11.Termination

Without affecting any other right or remedy available to us, PrimHive.com may withdraw your registration as a service provider on the website with immediate effect by giving you notice if: (a) if you fail to comply with your obligations in Clause 4 relating to your performance of the services contract with your customers; (b) if you receive a disproportionate number of complaints and/or bad reviews on the website from customers and/or prospective customers regarding your services and/or dealings with customers more generally; (c) if in our absolute discretion, we consider your registration as a service provider on the website to be detrimental or potentially detrimental to the reputation of PrimHive.com; (d) you are subject to an investigation by a competent regulatory authority, including without limitation, the Information Commissioner, the Competition and Markets Authority or Trading Standards.
Without affecting any other right or remedy available to either of us, either you or we may withdraw your registration as a service provider on the website with immediate effect by giving written notice to the other if: (a) the other party commits a material breach of any term of these Terms and Conditions; (b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up, having a receiver appointed to any of its assets or ceasing to carry on its business; (c) the other party suspends, or threatens to suspend or cease or threatens to cease to carry on all or a substantial part of its business or (d) the other party’s financial position deteriorates to such an extent that it in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under these Terms and Conditions has been placed in jeopardy.
In the event that you cease to provide the services and / or you do not wish to continue to be listed on the website, you shall notify us immediately so that we may withdraw your registration as a service provider on the website so that prospective customers are not provided with your details. For the avoidance of doubt, as set out in clause 6, no refunds of Credits shall be given upon such withdrawal.

12.General Provisions

These Terms and Conditions are personal to you and you will not assign or transfer or subcontract any of your rights or obligations without our prior written consent.
Any notice required or permitted to be given by either party to the other under these Terms and Conditions are to be in writing addressed to the other party at its trading address or such other address as may at the relevant time have been notified to the other party.
Nothing in these Terms and Conditions is intended to or shall be deemed to, establish any partnership or joint venture between the parties, constitute one party the agent of the other party, or authorize a party to make or enter into any commitments for or on behalf of the other party. The parties acknowledge and agree that each of them is an independent contractor, and nothing in these Terms and Conditions shall render either party (or any staff of a party) an employee of the other.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remainder of the provisions in question shall not be affected.
These Terms and Conditions will be governed by South African laws.