Terms and Conditions for the Use of FIX APP
Last updated: March 2025
These Terms and Conditions (the "Terms") govern the relationship between Fix 2024 ltd, UIC 208064569, VAT BG208064569, with registered office at 84 Tzvetan Lazarov Blvd, 2nd floor, Sofia, Bulgaria, email [email protected], tel. +359896882417 ("FIX APP", "we", "us"), on the one hand, and persons using the services offered on our website and connected interfaces (the "Site" and together with any related applications and services, the "Platform"), on the other hand (each a "User" and together the "Users"). By creating an account, posting or requesting a job, submitting or accepting a quote, using our escrow functionality or otherwise accessing the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms, the documents expressly incorporated by reference (including our Privacy Policy), and any special terms presented to you for specific features or promotions.
1. Definitions
Client – a User who requests, books or purchases finishing, repair, maintenance or similar works through the Platform. Contractor – a User acting as an independent contractor (freelancer or business) who offers or provides works to Clients through the Platform. Job – the specific works to be performed by a Contractor for a Client as described in a posting, quote and/or variation agreed through the Platform. Quote – an offer submitted by a Contractor setting out the scope, timing and price for a Job, including any taxes and charges. Escrow – the payment holding mechanism operated on the Platform through our payment service provider whereby Client funds are collected and held pending release in accordance with these Terms. Contractor Fees – commissions, service fees and/or subscription fees payable by Contractors to FIX APP for use of the Platform and related services. User Content – any content that a User uploads, publishes or otherwise makes available on or through the Platform (including listings, profiles, messages, ratings and reviews).
2. Nature of the Platform; Status of Parties
2.1. The Platform is an online intermediary service enabling Clients and Contractors to find each other, exchange information, submit and accept Quotes, arrange Jobs and process payments via Stripe. 2.2. FIX APP is not a provider of the Jobs requested through the Platform. The contract for the Job exists solely between the Client and the Contractor. 2.3. Contractors act entirely as independent contractors. They are not employees, agents or representatives of FIX APP. 2.4. FIX APP does not supervise or control the manner of performance of the works. Contractors bear full responsibility for compliance with legal, fiscal and safety obligations. 2.5. FIX APP bears no liability for injuries, accidents or damages suffered by Contractors, their staff or third parties during the performance of any Job.
3. Accounts, Eligibility and Verification
3.1. Users must be at least eighteen (18) years old and have full legal capacity. 3.2. Contractors must hold and maintain all licences, registrations, permits and insurance required for the activities they perform. 3.3. Contractors must comply with all tax, labour and social-security obligations applicable to self-employed or business persons in the countries where they operate. 3.4. Each Contractor must have a valid registration number identifying them as a freelancer, sole trader or company under the applicable law of their country. 3.5. Contractors are responsible for providing accurate, complete and current registration and VAT details on the Platform. 3.6. Contractors shall be fully liable for all losses, penalties, damages and expenses suffered by FIX APP, Clients or third parties as a result of failure to register, failure to obtain valid tax/VAT numbers, or providing false information. 3.7. FIX APP may verify registration numbers or VAT status, request documentary evidence, suspend accounts that fail verification or terminate Users who repeatedly provide inaccurate information.
4. Posting Jobs, Quotes, Acceptance and Variations
4.1. Clients may post a description of the desired works. Contractors may submit Quotes through the Platform. 4.2. A Client accepts a Quote through the Platform interface; upon such acceptance, the Client authorises Stripe to charge their payment method for the final price displayed, which includes both the Contractor's quoted price and the service fee due to FIX APP. 4.3. Any variation to scope, time or price must be agreed through the Platform. Where a variation entails an increase in price, the Client authorises Stripe to charge the additional amount. 4.4. Users must not circumvent the Platform or its fees by arranging or accepting off-platform payments for Jobs initiated through the Platform.
5. Prices, Contractor Fees and Transparency
5.1. Prices for Jobs are proposed by Contractors through their Quotes. 5.2. The Platform displays a final price payable by the Client, which includes both the Contractor Price and a separate Platform Fee payable to FIX APP. 5.3. The Platform Fee is due from the Client to FIX APP. The Contractor is not charged any commission or fee by FIX APP. 5.4. After successful completion of a Job and Client confirmation, Stripe allocates the collected payment: FIX APP receives the Platform Fee; the Contractor receives the full Contractor Price. 5.5. FIX APP issues an invoice to the Client for the Platform Fee. The Contractor issues a separate invoice to the Client for the Contractor Price. 5.6. FIX APP may adjust Platform Fees with reasonable notice; any such change shall not affect Jobs already accepted.
6. Payments through Stripe
6.1. All payments between Clients and Contractors are processed by Stripe. 6.2. When a Client accepts a Quote, Stripe collects the payment and holds the corresponding amount until release conditions are met. 6.3. Upon the Contractor's notice of completion, the Client has 72 hours to confirm satisfactory completion or to raise a dispute. 6.4. FIX APP may instruct the temporary suspension or delay of payout where there is a dispute, suspected breach, or pending claim. 6.5. Refunds are executed by Stripe in accordance with these Terms and FIX APP's instructions. 6.6. FIX APP does not itself receive or hold Clients' money. Funds are held by Stripe in accordance with payment services legislation. 6.7. Payment processing and settlement are subject to Stripe's own terms of service.
7. Cancellations, Withdrawal Rights and Refunds
7.1. Prior to commencement of on-site works the Client may cancel, in which case Stripe will refund the Client's payment less any non-recoverable payment processing charges. 7.2. Once on-site works have commenced, the Client's statutory withdrawal rights under distance-contract law may no longer apply. Refunds will reflect the value of works properly performed. 7.3. If a Contractor cancels or fails to attend without valid reason, FIX APP may instruct Stripe to refund the Client in full and may apply sanctions to the Contractor's account.
8. Standards of Performance; Safety; Materials
8.1. Contractors shall perform Jobs with reasonable skill and care, in accordance with applicable technical standards and regulations. 8.2. Contractors are solely responsible for compliance with all health and safety regulations, lawful handling and waste disposal of materials, and for obtaining any permits required for the performance of the Job. 8.3. Title and risk in materials shall pass as agreed between Client and Contractor.
9. User Conduct
Users shall not: (a) misrepresent identity, qualifications, insurance or authorisations; (b) post unlawful, misleading or infringing content; (c) harass, threaten or discriminate; (d) interfere with the security or availability of the Platform; (e) use the Platform for activities prohibited by law; or (f) attempt to circumvent the Platform or its fees.
10. Ratings and Reviews
10.1. After a Job is completed, Clients and Contractors may submit a rating (1–5 stars) and a textual review. Ratings and reviews reflect the personal opinions of Users. 10.2. Reviews must concern the specific Job and must be truthful, fair and lawful. 10.3. FIX APP may moderate, withhold or remove ratings and reviews which breach these Terms or applicable law. 10.4. Users acknowledge that reviews may be subject to authenticity checks.
11. Problems, Disputes and FIX APP's Limited Administrative Role
11.1. The Client and the Contractor shall first attempt to resolve any issue directly through the Platform. 11.2. If the Client raises a dispute within the confirmation window, FIX APP may instruct the temporary suspension of payout pending review. 11.3. FIX APP may determine one or more of the following: maintain the hold pending rectification; authorise partial payout; authorise a full or partial refund; arrange a replacement Contractor. 11.4. FIX APP's administrative steps do not constitute adjudication of liability. 11.5. Nothing prevents either party from seeking statutory alternative dispute resolution or pursuing claims in court.
12. Intellectual Property
12.1. All intellectual property rights in and to the Platform are owned by or licensed to FIX APP and are protected by applicable laws. 12.2. By uploading User Content you grant FIX APP a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display and otherwise use such content for the operation, improvement and promotion of the Platform.
13. Data Protection
Personal data is processed in accordance with our Privacy Policy, which forms part of these Terms. Payment service providers process payment data under their own terms and privacy notices. Users shall not upload personal data of others without a lawful basis.
14. Liability
14.1. FIX APP is not the provider of any Job. All works are carried out by independent Contractors. 14.2. FIX APP shall not be liable for any damage, loss, injury or accident suffered by Contractors during the performance of a Job. 14.3. To the fullest extent permitted by law, FIX APP excludes liability for the quality or safety of Jobs, acts or omissions of Users, indirect or consequential loss, and loss of profit, business, contracts, goodwill or data. 14.4. Nothing excludes liability for death or personal injury caused by negligence, for fraud, or for any liability which cannot be excluded by law. 14.5. Our total aggregate liability shall be limited to the higher of EUR 400 or the total Contractor Fees paid to FIX APP in the twelve months preceding the event.
15. Indemnities (Contractors)
Contractors shall indemnify FIX APP against all losses, damages, liabilities, costs and expenses arising out of: (a) any breach of these Terms; (b) failure to hold valid registration or VAT number; (c) misrepresentation; (d) injury, property damage or other loss during a Job; or (e) infringement of third-party rights.
16. Insurance
16.1. Contractors shall maintain adequate insurance appropriate to the nature and risk of the Jobs they undertake. 16.2. FIX APP bears no responsibility if a Contractor fails to hold valid or sufficient insurance.
17. Suspension and Termination
17.1. We may suspend or terminate a User account where reasonably necessary to protect Users, comply with law, or address material breaches. 17.2. Users may close their account at any time. 17.3. Closure does not affect accrued obligations.
18. Changes to these Terms
18.1. FIX APP may amend these Terms at its own discretion. The updated version will be published on the Site. 18.2. Where a change is material, we shall provide reasonable notice via the Platform or by email. 18.3. The version of the Terms in force at the time a Quote is accepted shall continue to apply to that Job.
19. Complaints and Escalation
If you have a complaint about the Platform, please write to [email protected]. Users remain free to utilise statutory ADR in their Member State or to pursue court proceedings.
20. Waiver
No failure or delay by FIX APP in exercising any right or remedy shall operate as a waiver of that or any other right or remedy.
21. Severability
In the event that any clause is found to be invalid, this shall not invalidate the entire contract or any of its other parts. The invalid clause will be superseded by the mandatory rules of law or established practice.
22. Entire Agreement, Assignment, Notices
22.1. These Terms constitute the entire agreement between you and FIX APP in relation to the Platform. 22.2. You may not assign your rights without our prior written consent. We may assign our rights to an affiliate by giving you notice. 22.3. We may provide notices by email or through in-product notifications. You may provide notices to us by email to [email protected].
23. Governing Law and Jurisdiction
23.1. These Terms shall be governed by and construed in accordance with the laws of Bulgaria, without prejudice to any mandatory consumer protection provisions. 23.2. Any dispute arising out of or in connection with these Terms shall be finally settled by the courts of Bulgaria.