{"id":34,"date":"2023-06-19T12:31:29","date_gmt":"2023-06-19T12:31:29","guid":{"rendered":"http:\/\/mrfix.centum-test.site\/?page_id=34"},"modified":"2024-03-20T14:25:37","modified_gmt":"2024-03-20T14:25:37","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/mrfix.nl\/en\/terms-and-conditions\/","title":{"rendered":"General Terms and Conditions &#8211; Klusbedrijf MrFix.nl BV"},"content":{"rendered":"<p><strong>This is a machine translation of our Terms of Business for your convenience. In case of any discrepancy or doubt, the Dutch original text prevails:<\/strong><\/p>\n<p>The following conditions and all applicable legal rules apply to the services provided by MrFix and the Contractors. By using the MrFix Service, the User accepts to be bound by these conditions.<br \/>\n&nbsp;<br \/>\nArticle 1. Definitions<br \/>\n&nbsp;<br \/>\nThe following definitions are used in these General Terms and Conditions, both in the singular and in the plural:<br \/>\n1.1 Account: the ability to use the Services.<br \/>\n1.2 General Terms and Conditions: these General Terms and Conditions.<br \/>\n1.3 Service: the service offered by MrFix, mainly consisting of offering a digital notice board on which Clients and Contractors can contact each other and agree on Assignments.<br \/>\n1.4 Contractor: the natural or legal person who makes himself available as a professional to carry out work (a &#8220;Job&#8221;) on behalf of a Client or registers for or bids for one or more assignments from a Client.<br \/>\n1.5 User: the natural or legal person who uses MrFix and\/or the Website in one way or another, including, but not limited to, Clients and Contractors.<br \/>\n1.6 Job request: the oral (including telephone) or written (including electronic) request by a Client to a Contractor to carry out a task or tasks.<br \/>\n1.7 MrFix: the private company Klusbedrijf MrFix.nl BV (trade name MrFix), located at (1112AP) Weesperstraat 98-A Diemen, Chamber of Commerce number: 64637204.<br \/>\n1.8 Agreement: the agreement that arises between the Client and the Contractor as soon as a) the Contractor accepts the invitation (which MrFix communicates on behalf of the Client) and b) the Client confirms the appointment (which MrFix proposes to the Client on behalf of the Contractor, with or without an estimate or quotation) ( usually via the mobile application, but this can also be done by e-mail, telephone or other means). The agreement obliges the Contractor to make the best possible use of his time and effort to properly carry out the Job and the Client to pay the invoices that MrFix emails on behalf of the Contractor within 7 calendar days (usually immediately after each visit). As a digital notice board, MrFix is not a party to the Agreement and therefore does not provide estimates or quotes itself: MrFix only provides estimates\/quotes from Contractors.<br \/>\n1.9 Client: the natural or legal person who submits a Job Request.<br \/>\n1.10 Website: the website https:\/\/MrFix.nl\/ and linked (mobile) applications.<br \/>\n&nbsp;<br \/>\nArticle 2 General<br \/>\n&nbsp;<br \/>\n2.1 These General Terms and Conditions apply to all agreements and all other possible legal acts between MrFix and User as well as between Client and Contractor.<br \/>\n2.2 An agreement between MrFix and the Contractor applies to the services that MrFix provides to professionals.<br \/>\n2.3 MrFix is entitled to amend or supplement these General Terms and Conditions at any time.<br \/>\n2.4 Deviations from the General Terms and Conditions are only valid if they have been expressly agreed in writing (by e-mail) between MrFix and the User.<br \/>\n2.5 MrFix expressly rejects any general terms and conditions of the User.<br \/>\n2.6 Once these General Terms and Conditions have applied to a legal relationship between the User and MrFix, the User is deemed to have agreed in advance to the applicability of the General Terms and Conditions to agreements concluded or to be concluded subsequently.<br \/>\n2.7 If and to the extent that any provision of these General Terms and Conditions is declared null and void or annulled, the other terms and conditions will remain in full force and effect. MrFix will then establish a new provision to replace the void\/nullified provision, whereby the scope of the void\/nullified provision will be klussen into account as much as possible.<br \/>\n&nbsp;<br \/>\nArticle 3 Services<br \/>\n&nbsp;<br \/>\n3.1 MrFix offers a digital notice board on which Clients and Contractors can contact each other in connection with carrying out DIY work. MrFix only has a facilitating role and cannot therefore be held responsible for actions or omissions of a User or Contractor, through the Website or otherwise. MrFix is entitled at any time to adjust and\/or terminate (the content of) its services.<br \/>\n3.2 MrFix has compiled the content of the Website and the method of communication with the utmost care. However, all substantive information regarding Job Requests and reviews comes from the Users. They are responsible for the correctness and completeness of this information. As a digital notice board, MrFix does not bear any responsibility for the content of Job Requests, Agreements, reviews, estimates and quotations, nor for any other communication between Users. Nor is MrFix responsible for the fulfillment of their obligations by Clients and Contractors, including the fulfillment of any payment obligation and the desired execution of the Job.<br \/>\n3.3 MrFix offers the information it places on the Website, to the extent applicable law permits, on an &#8220;as is&#8221; basis, including (but not limited to) the exclusion of guarantees regarding justice to (ownership) rights, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary rights or rights of third parties. In particular, MrFix does not guarantee:<\/p>\n<ul>\n<li>that the information provided by Users is correct, complete, appropriate, current and lawful;<\/li>\n<li>that the Website will operate uninterruptedly, will be free of viruses, Trojans and other errors and\/or defects, and that any defects will be corrected; or<\/li>\n<li>that third parties will not use the Website and\/or MrFix&#8217;s systems unlawfully.<\/li>\n<\/ul>\n<p>&nbsp;<br \/>\nArticle 4 Maintenance of Website<br \/>\n&nbsp;<br \/>\n4.1 MrFix is entitled to (temporarily) put the Website out of use or limit it if this is necessary, for example, to maintain or adjust the Website, without this giving rise to any right to compensation against MrFix.<br \/>\n&nbsp;<br \/>\nArticle 5 Use of the Service and provision of information<br \/>\n&nbsp;<br \/>\n5.1 The User guarantees that all information, including but not limited to name, address, telephone and e-mail information, that he provides in the context of the Service is complete, correct and current and that he will use the Service exclusively for himself. In addition, the User guarantees that he is authorized to use the Services and that he will comply with the applicable laws and regulations with regard to making\/accepting Job Requests, providing estimates\/quotes and offering\/carrying out Jobs.<br \/>\n5.2 By offering data (including but not only Job Requests, Agreements, assessments, estimates and quotations including images), whether or not via the Website, the User gives permission to communicate this data to &#8211; and to discuss it with &#8211; relevant Clients and Contractors . The User guarantees that he is authorized to give this permission. The User is aware that the communication of Job Requests and other information is susceptible to misunderstandings and that no rights can be derived from misunderstandings.<br \/>\n5.3 The User is responsible and liable for the content of data in\/surrounding Job Requests and Agreements. He guarantees that the content of this data is correct, current and reliable, does not conflict with applicable laws and regulations and is not unlawful. In addition, he guarantees that he will not treat other Users unfairly with this information and that he will not harm the interests and good name of MrFix.<br \/>\n5.4 MrFix reserves the right to change and\/or shorten the information provided by the User. MrFix also reserves the right &#8211; but is not obliged to do so &#8211; to refuse or remove Job Requests, Agreements, reviews, estimates, quotes and other data from the Website, for example because they are incorrect or unreliable or are contrary to the law. or are unlawful towards third parties, without this in any way leading to any right of the User to compensation.<br \/>\n5.5 As a digital notice board, MrFix is not a party to Agreements. MrFix therefore does not promise to exercise any control over the execution, quality, safety or legality of Agreements, the correctness of the Job Requests, the authority of Clients to have Jobs carried out and\/or the authority of Contractors to carry out those Jobs. to feed. The User (also as Client or Contractor) indemnifies MrFix against any claim from third parties related to such matters.<br \/>\n5.6 The (personal) data obtained by the User through the Website may only be used by MrFix and exclusively for the purpose for which it was provided, namely providing information about the specific job request and about MrFix, in particular via the periodic newsletter which is always provided with a hyperlink with which the Client can unsubscribe immediately. It is not permitted to collect, process or use this data for any other purpose. MrFix processes data in accordance with the conditions set in the General Data Protection Regulation (GDPR). See MrFix&#8217;s Privacy Statement at <a href=\"\/nl\/contact\/privacy-statement\">https:\/\/mrfix.nl\/nl\/contact\/privacy_statement<\/a>.<br \/>\n5.7 By placing a Job Request, User requests MrFix not only for an estimate\/quote, but also for an appointment proposal<br \/>\n5.8 If a User acts contrary to the provisions of this Article 5, he will forfeit, without further warning or notice of default and without judicial intervention being required, an immediately payable fine of \u20ac1,000 (one thousand euros) per event, in which the use of a (personal) data counts as one event, without prejudice to MrFix&#8217;s right to take other measures at its disposal against the User and\/or to claim compensation.<br \/>\n&nbsp;<br \/>\nArticle 6 Assessments<br \/>\n&nbsp;<br \/>\n6.1 The Client is entitled to provide an assessment after completion of the Job.<br \/>\n6.2 The Client guarantees that he provides the information in an assessment in good faith and that this information is truthful. The Client indemnifies MrFix against any claim from a third party in this regard.<br \/>\n6.3 MrFix is entitled to remove a review at any time. It may also, but not exclusively, do this if, following a report, it appears that the assessment is incorrect, unreliable or manifestly unlawful, or does not comply with these General Terms and Conditions.<br \/>\n6.4 An assessment must in any case meet the following conditions:<\/p>\n<ul>\n<li>a review may not contain defamatory, vulgar, obscene or racist language;<\/li>\n<li>an assessment may not contain personal information regarding a Contractor;<\/li>\n<li>a review may not contain hyperlinks and\/or scripts;<\/li>\n<li>an assessment must be added by the Client and must relate to the Contractor who carried out the Job.<\/li>\n<\/ul>\n<p>6.5 MrFix publishes Job Requests and Reviews \u2013 automatically and anonymized \u2013 on its website and reserves the right to use them for promotional purposes unless expressly requested otherwise by the Client.<br \/>\n&nbsp;<br \/>\nArticle 7 Account<br \/>\n&nbsp;<br \/>\n7.1 To use MrFix&#8217;s Services, an Account must be created and provided with the requested information.<br \/>\n7.2 An Account will only be created when MrFix has accepted the request to create an Account in writing. MrFix is entitled to refuse or remove (creating) an Account and\/or (placing) a Job Request, Assignment, assessment, estimate, quotation or other information by the User without stating reasons.<br \/>\n7.3 If a password is provided to the User for the Account, this is strictly personal and the User may not allow third parties to use it. The User is liable for any use made of his Account and indemnifies MrFix against any claim from third parties regarding damage or otherwise, arising in any way from the use of the Service made through his Account.<br \/>\n7.4 MrFix is entitled to change the password if this is necessary in the interest of the functioning of the Service.<br \/>\n&nbsp;<br \/>\nArticle 8 Intellectual property rights<br \/>\n&nbsp;<br \/>\n8.1 All intellectual property rights relating to the Website belong exclusively to MrFix and\/or its licensors, with the exception of the material supplied by the User in connection with posting Job Requests, reviews, estimates or quotations (this belongs to the User and MrFix to).<br \/>\n8.2 The User is not permitted to make available, reproduce, distribute, send any content of the Website, Job Requests, Agreements, reviews, estimates, quotations or other communications in any way whatsoever to third parties without prior written permission from MrFix, or in any way incorporate it into any other document or material. This means, among other things, that the User is not permitted, without prior written permission from MrFix, to request and reuse a substantial part of the content of (a) database(s) and\/or insubstantial parts of the content of (a) database(s). to repeatedly and systematically retrieve and reuse a database(s) within the meaning of the Databases Act.<br \/>\n8.3 The User guarantees that the information placed on the Website, including Job Requests and reviews, does not infringe the (intellectual property) rights of third parties. The User fully indemnifies MrFix against all possible claims from third parties in any way arising from and\/or related to the information placed by him on the Website, including any claim based on the assertion that the information in question infringes any ( intellectual property rights of third parties.<br \/>\n&nbsp;<br \/>\nArticle 9 Rates and payments<br \/>\n&nbsp;<br \/>\n9.1 The rates of Contractors &#8211; which MrFix communicates and invoices on their behalf &#8211; are shown on the <a href=\"\/nl\/contact\/rates\/\">Website<\/a>. MrFix charges time (rounded to half hours) on behalf of the Contractor as follows:<\/p>\n<ul>\n<li>The working time between entering and leaving the place of execution of the Job<\/li>\n<li>The possible time required to search, order and pay for tools, materials or end products that the Contractor needs to carry out the Job<\/li>\n<li>The possible time required to collect the aforementioned goods. In concrete terms: the Contractor does not calculate the travel time from home or the previous job to the place of execution, but does calculate the time he has to drive around to, for example, collect required materials from a hardware store<\/li>\n<li>MrFix charges at least one hour on behalf of the Contractor because, in addition to the above-mentioned time, he also spends time on communication, preparation, administration, travel time and often even parking time, while he is not allowed to charge any call-out costs<\/li>\n<li>Cancellation: If the User confirms a proposed appointment and then cancels less than 24 hours before the scheduled start or changes the start time, he owes the Contractor the rate for one of his hours. The same applies if the Contractor arrives during the confirmed 1-hour period and the Client cannot or does not want to let him in<\/li>\n<\/ul>\n<p>For each Order, the Client and Contractor can agree on other price agreements based on a quotation that MrFix sends to the Client on behalf of the Contractor.<br \/>\n9.2 All prices and <a href=\"\/nl\/contact\/rates\/\">rates<\/a> stated by MrFix are in Euros and are exclusive of sales tax (VAT) and any other government levies, unless expressly stated otherwise. MrFix&#8217;s rates themselves may consist of one-off amounts payable in advance and\/or amounts payable periodically.<br \/>\n9.3 Changes will take effect immediately for all Job Requests placed subsequently. The changes will be announced via the Website.<br \/>\n9.4 MrFix has a collection function with regard to the invoice, as agreed with the Contractor. MrFix invoices these amounts to and collects MrFix from the Client on behalf of the Contractor.<br \/>\n9.5 Payment is made by iDeal, bank transfer, credit card (up to \u20ac1,000) or direct debit unless otherwise agreed in writing. If the Client has authorized MrFix to collect by direct debit, MrFix will charge the Client the amounts due immediately after each invoicing. In the event of any reversals, for example in the event of an insufficient balance, MrFix will inform the Client of this and MrFix is entitled to charge additional administration costs.<br \/>\n9.6 If the Client has not paid within the period stated on the invoice (7 calendar days), the Client is automatically in default without any notice of default or demand being required. From that moment on, without further notice by MrFix, the Client owes statutory interest on the outstanding amount. However, MrFix only asks the Contractor after at least 30 calendar days whether he wants MrFix to hand over the invoice to a collection agency. The collection agency will then charge collection costs of 15% of the outstanding amount up to \u20ac2,500 plus 10% on the next \u20ac2,500 etc. (see <a href=\"https:\/\/www.nvio.nl\/wet-incasso-kosten- wik\" target=\"_blank\" rel=\"noopener\">https:\/\/www.nvio.nl\/wet-incasso-kosten-wik<\/a>) with a minimum of \u20ac40. MrFix also reserves the right to charge collection costs to business Clients.<br \/>\n9.7 If the Client fails to pay the amount due, plus statutory interest, after notice of default, MrFix may hand over the claim for collection on behalf of the Contractor. In that case, in addition to payment of the principal sum and statutory interest owed thereon, the Client is obliged to reimburse all extrajudicial and any judicial costs, expressly in addition to any costs determined in court. The amount of these costs is at least 15% of the principal sum, with a minimum amount of \u20ac100 (one hundred euros).<br \/>\n9.8 Any appeal by the Client to suspension, settlement or deduction is not permitted.<br \/>\n&nbsp;<br \/>\nArticle 10 Exclusion<br \/>\n&nbsp;<br \/>\n10.1 MrFix reserves the right to exclude the User from any (further) use, by, among other things, blocking and\/or deleting his Account, without being obliged to repay any fees already collected, if:<\/p>\n<ul>\n<li>User acts in any way contrary to these General Terms and Conditions;<\/li>\n<li>User infringes (intellectual property) rights of third parties; or<\/li>\n<li>User acts in violation of applicable laws and regulations.<\/li>\n<\/ul>\n<p>Article 11 Force majeure<br \/>\n&nbsp;<br \/>\n11.1 MrFix is not obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure. Force majeure also includes a non-attributable shortcoming of suppliers and\/or other third parties used by MrFix.<br \/>\n&nbsp;<br \/>\nArticle 12 Liability<br \/>\n&nbsp;<br \/>\n12.1 The Contractor accepts Job Requests at its own expense and risk and therefore becomes liable to the Client for any defects and damage. The contractor is obliged to take out sufficient professional liability insurance.<br \/>\n12.2 MrFix is only liable for direct damage resulting from intent or gross negligence on the part of MrFix. Direct damage exclusively means the costs that the User has reasonably had to incur to repair or eliminate MrFix&#8217;s shortcoming.<br \/>\n12.3 If the Client requests MrFix to assist in providing access to homes or buildings in the context of Assignments, MrFix will only realize this in the name and at the risk of the Client. MrFix will do its utmost to handle this as discreetly as possible. However, MrFix is in no way liable for any damage resulting directly or indirectly from this.<br \/>\n12.4 The total liability of MrFix can never amount to more than the total agreed fee for using the Service for the current year at the time the shortcoming occurs (not the principal sum of the Job but only the brokerage due to MrFix), with a maximum amount of \u20ac500 (five hundred euros).<br \/>\n12.5 Any liability of MrFix for indirect damage, including but not limited to consequential damage, loss of profit and loss of turnover, is excluded. More specifically, MrFix is not liable for damage to the User caused by third parties who may or may not use the Website and\/or the Services.<br \/>\n&nbsp;<br \/>\nArticle 13 References<br \/>\n&nbsp;<br \/>\n13.1 The Website and communication by e-mail may contain references (for example by means of a hyperlink, banner or button) to the websites of Contractors and\/or other third parties. MrFix has no control over these websites and is not responsible for their content and\/or policies, including the privacy policy.<br \/>\n&nbsp;<br \/>\nArticle 14 Security<br \/>\n&nbsp;<br \/>\n14.1 MrFix makes every reasonable effort to protect its systems against loss and\/or any form of unlawful use. MrFix implements appropriate technical and organizational measures for this, taking into account, among other things, the state of the art.<br \/>\n&nbsp;<br \/>\nArticle 15 Notification of Infringement<br \/>\n&nbsp;<br \/>\n15.1 Job requests, assessments, estimates and quotations must be placed in the manner specified on the Website and stating the information requested on the Website.<br \/>\n15.2 If a User believes that certain information on the Website is unlawful, he can report this to MrFix by means of the appropriate hyperlink (&#8220;Mail security@mrfix.nl&#8221;) on the Website. Based on the information provided by this User information to be provided, MrFix will process the report, provided that the report meets all requirements set by MrFix. If the report shows that the offending material is undeniably unlawful, it will be removed by MrFix. By submitting a report User indemnifies MrFix against any claim from third parties in connection with the removal of material. The indemnification also relates to all damage and costs suffered by MrFix in connection with such a claim, including &#8211; but not limited to &#8211; the reimbursement of costs for legal legal aid.<br \/>\n&nbsp;<br \/>\nArticle 16 &#8211; Relationship clause<br \/>\n&nbsp;<br \/>\n16.1 Users are prohibited from entering into or maintaining direct business contacts with each other in any way for a period of 12 months after the end of a Job. The Contractor will only approach the Client via MrFix (including the Chat function of the application) and report any approach from the Client regarding a new job directly to MrFix. In those cases, MrFix will try to ensure that the Contractor in question carries out the new job. If the Contractor acts in violation of this Article 16, he will forfeit an immediately payable fine of \u20ac2,000 (two thousand euros) per violation on behalf of MrFix, without further notice or notice of default.<br \/>\n&nbsp;<br \/>\nArticle 17 Duration and termination<br \/>\n&nbsp;<br \/>\n17.1 Every agreement between MrFix and the User is entered into for an indefinite period, unless expressly agreed otherwise. User and MrFix are entitled to terminate an agreement in writing at any time without giving any reason.<br \/>\n17.2 If the User becomes bankrupt, applies for a suspension of payments, ceases business operations or acts contrary to these General Terms and Conditions or other provisions of an agreement, the Contractor has the right to terminate an Agreement with the User (and MrFix the right to enter into any agreement with the User) to terminate in accordance with a notice period, all this subject to rights.<br \/>\n&nbsp;<br \/>\nArticle 18 Disputes<br \/>\n&nbsp;<br \/>\n18.1 Dutch law applies to these General Terms and Conditions.<br \/>\n18.2 In the event of any disputes, both parties will attempt to resolve them mutually in good faith. If this does not lead to a settlement within two weeks, the parties will submit the dispute to an external mediator. If this does not lead to a settlement within two weeks, the parties will submit the dispute to an arbitrator and if this does not lead to a settlement within two weeks, the parties will submit the dispute to the competent court in the Amsterdam district.<br \/>\n&nbsp;<br \/>\n<strong>Contact<\/strong><br \/>\nHandyman MrFix.nl BV<br \/>\nWeesperstraat 98-A<br \/>\n1112AP Diemen<br \/>\nThe Netherlands<br \/>\ninfo@mrfix.nl<br \/>\n+31-20-6750333<br \/>\n&nbsp;<br \/>\nDiemen, March 2024<\/p>\n","protected":false},"excerpt":{"rendered":"<p>This is a machine translation of our Terms of Business for your convenience. In case of any discrepancy or doubt, the Dutch original text prevails: The following conditions and all applicable legal rules apply to the services provided by MrFix and the Contractors. By using the MrFix Service, the User accepts to be bound by [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"class_list":["post-34","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.5 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>General Terms and Conditions - Klusbedrijf MrFix.nl BV - MrFix<\/title>\n<meta name=\"description\" content=\"Book your expert via our app: Clients.MrFix.nl. 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