Terms of Use

The material on the padfixer.com website and associated mobile applications (The Sites) is copyright © 2019 AJK Offshore Webmasters Inc. (The Owner) and/or other copyright owners.

Customers and Service Providers

  1. These Terms of Use ("Terms") govern your use of padfixer.com and mobile applications ("Sites") and form a binding agreement between you, the user of the Sites and Owner.
  2. These Terms are important and you should ensure that you read them carefully and contact the Owner with any questions before you use the Sites. You can contact the Owner on support@padfixer.com.
  3. By using the the Sites you acknowledge and agree that you have had sufficient opportunity to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Sites. Owner attempts to match the needs and requirements of Customers to Service Providers and vice versa for the provision of those services. YOU ACKNOWLEDGE AND AGREE THAT OWNER IS IN NO WAY DIRECTLY INVOLVED IN ANY TRANSACTIONS BETWEEN CUSTOMERS AND SERVICE PROVIDERS AND ONLY PROVIDES THIS MEDIUM TO FACILITATE THE INTRODUCTION OF CUSTOMERS AND SERVICE PROVIDERS. OWNER IN NO WAY GUARANTEES THE SERVICES OF THE SERVICE PROVIDERS NOR DOES IT PROVIDE ANY GUARANTEES AS TO THE AUTHENTICITY, FINANCIAL VIABILITY, CAPABILITY OF THE CUSTOMERS. FOR THE AVOIDANCE OF DOUBT, THE OWNER DOES NOT OFFER ANY KIND OF WARRANTY, GUARANTEE OR TESTIMONIAL, EXPRESS OR IMPLIED, FOR EITHER CUSTOMER OR SERVICE PROVIDER
  4. Acceptance of the terms and conditions of these Sites in no way forms a relationship of agency between you and Owner.
  5. Owner reserves the right to change these Terms, the Sites or content contained within the Sites:
    1. with or without further notice to you; and
    2. without giving you any explanation or justification for such change.
  6. From time to time, the Sites will generate automated emails to registered users, or users will send emails and messages to one another through the Sites. Emails sent by the website or through the mobile applications are considered a part of the Sites. Consumers, individuals or other entities reading articles or other material posted on the Sites or e-newsletters should review the information carefully. The information is not intended in any way to be a substitute for professional advice. Neither the content nor any other service offered through the Sites or our e-newsletters is intended as professional advice. Should you no longer wish to receive our emails, you may click on the unsubscribe link located in each email received or email us at support@padfixer.com

Customers requesting a service

Your access to the Sites conditional on your unequivocal acceptance without alteration of the terms set out below. By continuing to access the Sites you are agreeing to the terms and conditions set out below.

  1. Use of material on the Sites
    1. Except for the limited use as is expressly set out in paragraph 1(c) you may not use the Sites, or the material contained on it or within it, for any purpose. This involves:
      1. the reproduction of the material, in any material form;
      2. the distribution of the material in any material form;
      3. re-transmission of the material by any medium of communication;
      4. uploading and/or reposting the material to any other site on the World Wide Web;
      5. the material on the Site with other material on any other World Wide Web site.
    2. The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Use.
    3. Notwithstanding the above restrictions on use of the material on the Sites, you may download material from the Sites for your personal non-commercial use provided you do not remove any copyright and trademark notices contained on the material.
    4. You may not modify or copy:
      1. the layout of the Sites; and
      2. any computer software and code contained in the Sites.
    5. Owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Sites is provided for personal use only and may not, without the prior written consent of the Owner be:
      1. re-sold and/or re-distributed in any material form;
      2. stored in any storage media; and/or
      3. re-transmitted in any media,
    6. without the prior written consent of Owner.
  2. Fees
    1. Using the Sites and placing your requirements to be quoted for by a Service Provider is currently free. However when you accept a quote and enter into a contract with an Service Provider for that job you will be solely liable to that Service Provider for the work performed. Owner accepts no liability for invoices or costs of those Service Providers which successfully bid for your requirements.
    2. At the time of listing and prior to accepting a quote the Customer should make their own reasonable enquiries and searches to ascertain the credibility and suitability of that Service Provider to perform the job.
  3. Links and introductions to Service Providers
    1. The Sites provide links and introductions to Service Providers owned and operated by third parties who are not under the control of the Owner, for whom the Owner has neither responsibility nor control, and who are entities wholly independant of the Owner.
    2. In relation to the Service Providers to which you have been introduced, Owner:
      1. provides the links or introduction to the Service Providers as a convenience to you and the existence of a link or introduction to the Service Providers does not imply any endorsement by Owner of that Service Provider; and
      2. is not responsible for the actions, inactions and services provided by those Service Providers.
    3. You are solely and completely responsible for the selection of any Service Provider and the business transaction, including payment to the Service Provider for work undertaken at your request. Owner neither makes recommendation nor prescribes to you the method of choice of successful Service Provider.
  4. Disclaimer relating to the linked Service Providers
    1. The Owner operates the Sites making it available for you to publish information without assuming a duty of care to users. The Owner does not and will not provide professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Sites and/or linked or introduced Service Providers.
    2. To the full extent permitted by law the Owner disclaims any and all warranties, express or implied, regarding:
      1. The accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Sites and/or of any linked Service Provider; and
      2. merchantability or fitness for any particular purpose for any service or product contained or referred to on the Sites and/or on any linked Service Providers.
    3. The Owner does not inspect the credentials supplied by the Service Provider, nor does the Owner conduct any of its own searches and does not provide any assurances or warranties concerning the legality or validity of the documents included in the account of the Service Provider.
    4. The Owner will not be liable under any circumstances for any loss of profits or any damage or sufferance of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
      1. acting, or failing to act, on any information contained on or referred to on the Sites and/or any of the linked Service Providers; and
      2. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Sites and/or any linked Service Providers.
  5. Disclaimer relating to Owner
    1. Owner does not warrant, guarantee or make any representation that:
      1. the Sites, or the servers that makes the sites available on the World Wide Web are free of software viruses;
      2. the functions contained in any software contained on the Sites will operate uninterrupted or are error-free; and
      3. errors and defects in the Sites will be corrected.
    2. Owner is not liable to you for:
      1. errors or omissions in the Sites, or linked Service Providers on the World Wide Web;
      2. delays to, interruptions or cessation of the services provided in the Sites, or linked Service Providers; and
      3. defamatory, offensive or illegal conduct of any user of the Sites, whether caused through negligence of Owner, its employees or independent contractors, or through any other cause.
    3. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Sites.
  6. Limitation of liability
    1. The Disclaimers at clauses 4 and 5 above may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law Owner's liability for any implied warranty or condition is limited, at the choice of Owner, to one or more of the following:
      1. If the breach of an implied warranty or condition relates to services:
        1. the supply of the services again; or
        2. the payment of the cost of having the services supplied again.
      2. If the breach of an implied warranty or condition relates to goods:
        1. the replacement of the goods or the supply of equivalent goods;
        2. the repair of such goods;
        3. the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
  7. Use of information gathered
    1. Owner and/or people authorised by the Owner, may gather and process the information:
      1. which you may provide when accessing the Sites, such as your name, address, email address, telephone number and other personal information about you; and
      2. programmed during the accessing of the Sites.
    2. Owner may use the information acquired through (i) and (ii) above to engage in direct marketing to you in any medium.
    3. Owner reserves the right to share your contact details with a Service Provider you have been introduced to in accordance with clause 3.
  8. Termination of access
    1. Owner may terminate access to the Sites at any time without giving any explanation or justification for the termination of access, and Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Sites.
  9. Alteration of Terms of Use
    1. Owner reserves the right to change these Terms of Use:
      1. with or without further notice to you; and
      2. without giving you any explanation or justification for such change.
  10. Relevant jurisdiction
    1. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
    2. This Agreement will be governed by and interpreted in accordance with the law of the Philippines, without giving effect to any principles of conflicts of laws.
    3. You agree to the jurisdiction of the courts of the Philippines to determine any dispute arising out of this Agreement.

Service Providers

The Sites are available to provide information about your product or service conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to provide information about your product or service you are agreeing to the terms and conditions set out below.

  1. Uploading information
    1. You represent and warrant in relation to any material and/or information you provide to the Sites that:
      1. you are authorised to provide the material and/or information and service that you represent;
      2. the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
      3. the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;
      4. the material and/or information does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
      5. the material and/or information does not infringe any legislation or regulations of the Philippines.
  2. Licence to use intellectual property
    1. By uploading any material which is intellectual property including, but not limited to, copyrighted works, trademarks and service marks (the "intellectual property") on to the Sites, you are granting Owner a perpetual, non-exclusive and payment-free licence throughout the world to:
      1. reproduce, use and exploit the intellectual property, as part of the Sites, to the full extent permitted by intellectual property law in any jurisdiction in which the Sites is available to users; and
      2. allow Owner to sublicense others the same rights granted to Owner in (i) above.
  3. Quoting and winning Customers' jobs
    1. You acknowledge and agree that:
      1. any and all of the terms and conditions pertaining to the job and the quote constitute a contract between you and the Customer and does not involve or implicate Owner in anyway;
      2. the lowest priced or best quote will not necessarily be the quote selected by the Customer, and the Customer is not bound to select any quote; and
      3. Owner plays no role whether active or inactive in the method of selection by the Customer of the selected quote; and
      4. Owner takes no responsibility for the accuracy, reliability or timeliness of the content provided by a customer posting a job; and
      5. You will not be entitled to payment, from either Owner or any Customer in respect of any costs incurred in preparing a quotation which is not subsequently accepted by a Customer.
  4. Removal of information
    1. In relation to any material and/or information included on the Sites, Owner may remove any material and/or information, including but not limited to links to you, at any time without giving any explanation or justification for removing the material and/or information.
  5. Limit of liability
    1. Owner and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising or bidding for jobs on this Sites; and as a consequence of removing any material and/or information from these Sites.
    2. You warrant that you will perform all services in accordance with legislative and industry standards and that you have taken out and will maintain any required insurances, approvals and licences as required by the state and federal laws of the Philippines.
  6. Indemnity
    1. You will at all times indemnify and keep indemnified Owner and its respective officers, employees and agents (referred to as "those indemnified") from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.
  7. Termination of access
    1. Owner may terminate access to the Sites at any time without giving any explanation or justification for the termination of access.
  8. Relevant jurisdiction
    1. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
    2. This Agreement will be governed by and interpreted in accordance with the law of the Philippines, without giving effect to any principles of conflicts of laws.
    3. You agree to the jurisdiction of the courts of the Philippines to determine any dispute arising out of this Agreement.

Code of Conduct

  1. The Owner code of conduct is created to maintain the integrity service for the benefit of all our users (customers and service providers). A breach of the code of conduct can result in a warning or immediate termination, subject to the Terms of Use.
  2. Users will be courteous and friendly in all interactions and not engage in any discriminatory or offensive behaviour on the Sites or towards users and staff.
  3. Service Providers will deliver excellent service and display professional workmanship at all times.
  4. Service Providers will honour the price quote submitted to the customer unless there is a change in the size or scope of work.
  5. Service Providers will turn up on time if an appointment has been made with the customer to inspect the job or complete the agreed work.
  6. Service Providers will not breach the Terms of Use.
  7. Customers will not post illegitimate reviews.
  8. Service Providers will not engage in any criminal activity. e.g. accepting a deposit and not completing the work.
  9. Users will not threaten or harass users or Owner staff.