Effective Date: June 2017
- These terms and conditions (“Terms and Conditions”) contain information about Qserv Technologies (defined below as “Qserv”and also referred to hereinafter as “we”, “us”, “our” or “ours”, as the context requires) and form the legal agreement between you and us for the use of the Customer Website/App. Please read this document carefully and review it regularly as we may update and amend these Terms and Conditions from time to time without prior notice.
- HOW THE SERVICE WORKS
- Qserv provides mobile applications and website technology that connects customers (“you”or “Customer”) who require home services to be performed, with service providers who are willing to perform those Jobs (“Service Providers”).
- You connect with Service Providers by booking Jobs on the Customer Website/App which are then assigned to Service Providers who operate in your geographical area and whose services match your requirements via the Service Provider Website/App.
- Once a Job has been completed, Qserv collects payment from you and pays the Service Provider. Qserv takes a service fee (which is deducted from such payment) for: (i) introducing the parties; (ii) vetting and maintaining a network of reputable and competent Service Providers; and (iii) maintaining and developing the marketplace technology/platform. This service fee is taken at the same time payment is made to a Service Provider. Qserv does not accept cash payments.
- Qserv is not an employer of Service Providers or contracting agency and operates purely as a facilitator of the service transaction between you and the Service Provider by operating the Customer Website/App and the Service Provider Website/App.
- No contract exists between Qserv and you for the fulfilment of the Jobs and Qserv has no control over the conduct of Service Providers nor the satisfactory completion of a Job, which is solely determined between the parties.
- You acknowledge that when you book a Job on the Customer Website/App you will be entering into a direct contract with the Service Provider. The terms of the contract entered into are set out below. However, the Customer and Service Provider are free to alter or modify such terms as they wish by mutual, express agreement. Qserv is not a party to agreements entered into between you and the Service Providers.
- It is a condition of use of the Customer Website/App that you acknowledge you have complete control over your own conduct and Qserv disclaims all liability in this regard.
- In this Agreement, the following terms shall have the following meanings prescribed to them:
“Account”means your account with Qserv which is created by registering and providing certain mandatory details during the registration process.
“Additional Payment” means payment due to the Service Provider in respect of Additional Works and/or Costs and Expenses.
“Additional Services” means other services separate from, and other than those required to complete, the Job.
“Additional Work” means work the Service Provider deems necessary in order to perform the Job but which goes beyond the scope of the original Job booked on the Customer Website/App.
“Qserv” means Qserv Technologies, a Qatar Based company located in Doha, Qatar.
“Costs and Expenses” means costs and expenses incurred by a Service Provider in acquiring materials, parts and/or, supplies (but for the avoidance of doubt not tools) that are, in the opinion of the Service Provider, necessary for completion of the Job and which are not included in the fee stated when booking the Job.
“Customer Website/App” means any website or mobile application or other interface which is:
- owned by Qserv (including but not limited to www.qserv.qa);
- operated on a white label basis by Qserv; or
- powered or maintained by Qserv such as Qserv App,
- In this Agreement, the following terms shall have the following meanings prescribed to them:
(each as modified and/or updated by us from time to time) for the purpose of enabling you to book Jobs and connect with Service Providers.
“Dispute” means a disagreement between you and a Service Provider that a Job has not been satisfactorily described or completed.
“FUTURE Job” means any Job booked that is scheduled for a future date.
“Job” means the work requested by you on the Customer Website/App.
“Parties” means collectively you and the Service Provider.
“Payment Service” means any third party payment providers.
“Premises” means your premises where the Job is being fulfilled.
“Service Provider Website/App” means any website or mobile application or other interface which is:
- owned by Qserv;
- operated on a white label basis by Qserv; or
- powered or maintained by Qserv such as Qserv Provider App,
(each as modified and/or updated by us from time to time) for the purpose of enabling Service Providers to be notified of, and accept, Jobs booked by Customers.
“Tax” means any and all statutory deductions due as a result of the financial transaction between a Service Provider and a Customer.
- Defined terms will have the same meaning if they appear in the singular, plural, masculine or feminine or as the context requires.
- Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions.
- USE OF THE CUSTOMER WEBSITE/ APP
- A core purpose of the Customer Website/App is to enable you to book Jobs and to connect you with suitably qualified Service Providers to carry out those Jobs. The Customer Website/App is not for use by anyone who does not intend to browse through Services and book a Job. You therefore agree that you will not in any circumstance use the Customer Website/App for any purpose other than book a Job or browse through Services in good faith for the purpose of booking a Job then or at some point in the future.
- We make no warranty that any part of the Customer Website/App will operate uninterrupted or error free and we accept no liability for loss or damage caused from any interruption or error in any part of the Customer Website/App.
- As a Customer using the Customer Website/App you:
- must be 18 years old or older; and
- must agree:
- to register and create an Account and utilise our Customer Website/App for your personal or business use only;
- not to authorise others to use your Account and you may not assign or transfer your Account to any other person or entity;
- to register only one Account per person; and
- to be responsible for keeping any registration details confidential (including your password).
- The Customer Website/App is intended to be used in Qatar only and as a Customer you may only book Jobs that are to be completed within Qatar.
- We reserve the right to:
- refuse to provide access to the Customer Website/App to any individual, business or other entity at any time without explanation, consequence or liability; and
- remove a service from the Customer Website/App with no obligation to give advance notice, and Qserv shall not be liable for losses, costs or expenses arising from any such refusal or removal.
- You assume all risk when using the Customer Website/App, including, but not limited to, any risks associated with interacting with other people. You acknowledge that Qserv is not able to guarantee the accuracy of information provided to you by other people and that you should confirm such information to your own satisfaction before you engage with them.
- Whilst Qserv takes reasonable care in screening Service Providers, you are solely responsible for taking appropriate safety precautions in connection with your use of the Customer Website/App and the engagement of a Service Provider. You agree not to use the Customer Website/App in any unlawful manner and in particular you shall not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- publish, book, upload, distribute or disseminate (“Post”) any inappropriate, defamatory, abusive, infringing, obscene, discriminatory or otherwise unlawful material;
- post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any person;
- cause the Customer Website/App or any part of it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Customer Website/App is in any way impaired; or
- restrict or inhibit any other user from using and enjoying the Customer Website/App.
- Whilst we take steps to prevent misuse of our systems, we cannot warrant that the Customer Website/App will be free of viruses or other malicious code or content and accept no liability for loss or damage caused from the transmission of such content or code.
- SETTING UP AN ACCOUNT AND REGISTERING FOR THE WEBSITE AND/OR APP
- In order to book a Job you must be registered as Customer though the Customer App Qserv which is available for free download from iOS App Store / Android Play Store, accessible via the Qserv website or through certain Qserv partners’ websites.
- When completing the registration process you will be required to provide details including but not limited to your full name, email address and telephone number.
- You warrant that the information you provide during the registration process and when using the Customer Website/App is true, that it relates to you and is entirely accurate.
- BOOKING JOBS
- You can use our App to book a Job. Service rates will be calculated either per hour or per Job as agreed with the service provider. Each Job has a minimum price and it is your responsibility to check this price before booking.
- When booking a Job you will ensure that you give full and complete information regarding the work to be undertaken together with details of the history of items to be dealt with by the Service Provider (including details of breakdowns and faults) and relevant information about the Premises.
- Service Providers are for the most part expected to supply and use their own tools and equipment. Customers however are expected to supply the Service Providers offering a cleaning service with a mop and vacuum cleaner and other reasonable arrangements can be made for other trades.
- At the time you book a Job on the Customer Website/App we will pre-authorise, on the payment method added to the Account, payment of either:
- the minimum time period quoted for such Job; or
- the fixed Job price.
- Qserv reserves the right not to accept certain payment methods.
- CARRYING OUT JOBS
- Qserv will make suitable Service Providers in your geographical area aware of the Job you booked together with details of your requested date and time for it to be carried out. Your contact details and full address will be kept confidential until a Service Provider accepts your Job.
- A Service Provider may accept or reject the Job and we do not guarantee that you will receive a response to a booked Job or that responses will meet the requirements you have specified. We will notify you if there are no suitable Service Providers operating in your area who are able to carry out your Job. At the point a Service Provider accepts the Job your information (including name and details of the Premises) will be provided to them.
- Qserv shall have no liability in the event that a Service Provider who accepted the Job is unable or unwilling to fulfil the Job at the requested time.
- In the event that:
- you do not give full and complete information at the time of booking a Job or the Service Provider is reasonably unable to assess the Job requirements remotely, then the Service Provider may, on arrival at the Premises, deem that Additional Work is required in order for the Job to be completed. In these circumstances the Customer and Service Provider shall agree the scope of, and fee for, such Additional Work before any work to perform the Job is commenced; or
- a Service Provider incurs additional Costs and Expenses they will agree these with you in advance and you shall be liable to pay for such Costs and Expenses.
- Additional Payments can be made via the App (which will incur a small fee payable by the Customer) or directly to the Service Provider and in any event must be authorised and paid before the Job is completed via the Service Provider App.
- If, once the Service Provider arrives at your premises, you require Additional Services to be provided these must be applied via a Job edit either by you or by the service provider using Qserv App.
- You are advised to request sight of evidence of applicable trade accreditations, qualifications, registrations and proof of identification from the Service Provider prior to any work commencing at your Premises. Service Providers must agree to comply with any accreditation, registration, certification, qualification, experience or reasonable suitability evidence request submitted by you.
- You agree to treat the Service Provider with respect whilst completing the Job and be polite and courteous in your dealings with them.
- You agree to move all furniture and items to enable the Service Provider to have clear access to the Premises and for carrying out the Job.
- CANCELLING JOBS
- Notwithstanding any rights you may have to cancel a Job via the App without charge if you cancel it before the provider starts heading.
- However, you may not cancel any Jobs without being liable for a cancellation fee if the provider started heading.
The amount payable in respect of the cancellation fee will depend upon the time of cancellation and the type of Job booked. For cancellation terms on each service email firstname.lastname@example.org.
- If the Service Provider arrives at the Premises and is unable to contact you or gain access to the Premises they will message and attempt to contact you for 20 minutes, after which you will be charged either
- the minimum number of hours for the Job; or
- the fixed Job price (as applicable) and the Job will be cancelled.
- Customers and Service Providers are encouraged to offer reviews for each other each time a Job is completed. You agree to provide a prompt review that is true and fully reflects your experience with the Service Provider with whom you have engaged. Qserv reserves the right to terminate the Account of any Customer who repeatedly receives poor reviews or posts inaccurate or unjust or defamatory reviews.
- The reviews of Customers and Service Providers may be published on our Customer Website/App and the Service Provider Website/App and may be viewed and considered by other Customers and Service Providers.
- DISPUTES AND DISPUTE RESOLUTION
- If you are not satisfied that a Service Provider has completed the Job to the performance and/or quality that you may reasonably expect, you may initiate a Dispute with the Service Provider. In order for Qserv to intervene as a mediator, this must be done within 2 days of the Job having been completed (or purported to be completed) by the Service Provider.
- Subject to clause 10.4 below, Qserv will not take part in a Dispute other than as a mediator.
- In the event of a Dispute the Parties hereby agree to act at all times reasonably and in good faith, to negotiate a settlement and hereby recognise that the responsibility for reaching a mutually agreed settlement lies between them. You acknowledge Qserv is entitled to provide your details to the Service Provider in order to find a resolution, and may provide you with the Service Provider’s details. You agree to keep any information provided to you, about the Service Provider under the terms of this Agreement, confidential and only use it for the proper purpose.
- If Qserv has been notified of the Dispute within 2 days of the Job being completed, and only if the Parties cannot reach resolution between themselves (having used all reasonable attempts to do so), the Dispute can be escalated to Qserv by either party and we will offer a recommendation for settlement of the Dispute.
- The Parties shall at all times comply with all reasonable requests from Qserv for the supply of information to support Qserv in proposing a resolution to the Dispute. The Parties are under no obligation to accept any recommendation from Qserv, unless agreed in advance.
- If Qserv has been unable to resolve a complaint that you make within eight weeks you can address your complaint to Consumer Rights and Protection.
- DAMAGE OR DAMAGE ARISING FROM A JOB
- If you suffer loss or damage to your Premises or your contents or to any service connected to it and attributes the loss or damage to a Service Provider, in the first instance the Parties should try to resolve who should be responsible for such loss or damage between themselves.
- You agree that you will not accuse the Service Provider of damaging property which was already damaged in any way or was damaged by a third party.
- Qserv takes reasonable steps to ensure that all Service Providers hold valid insurance for the type of work they are undertaking. If a valid claim is made against a Service Provider and no payment is received from either the Service Provider or its insurer Qserv may, at its complete discretion, make a goodwill payment without admission of liability or responsibility of up to QR250.
- Subject to clause 11.3 in no event shall Qserv be liable to either party for any direct, indirect, consequential, special or punitive loss arising out of the engagement by you of a Service Provider to carry out a Job and to the extent that we may be liable under these Terms and Conditions or at law. Our maximum liability shall be limited to the service fee that we receive (or were expected to receive) in relation to the Job to which the loss or damage relates.
- Notwithstanding any other provision, nothing in these Terms and Conditions shall exclude or limit either your or our liability for death or personal injury caused by your or our (as the case may be) negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
- If you are dissatisfied with the Customer Website/App, or these Terms and Conditions, your sole remedy shall be to discontinue use of the Customer Website/App.
- Other than as set out above in this clause 11, and notwithstanding any other provision of these Terms and Conditions, we shall not be liable to you or to any third party acting on your behalf, whether in contract, tort, negligence, statutory duty, misrepresentation or otherwise, for any special, indirect or consequential loss, cost, expense, fine or damage whatsoever arising from or in any way connected with these Terms and Conditions including but not limited to loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
- Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
- Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into these Terms and Conditions by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.
- Each of the provisions of this clause 11 shall be construed separately and independently of the others.
- Payment for a Job is taken automatically when the Service Provider completes the Job via the Service Provider Website/App (at which point Qserv calculates the final amount to be paid, including applicable discounts). If we were unable to take payment successfully when the job is completed, we reserve the right to retry the payment methods on your account for the full or incremental amounts until the full amount has been charged.
If the Service Provider completed the Job on the Service Provider Website/App by accident please email email@example.com and we will remedy the action.
- The minimum price for the Job shall be charged in full regardless if the time spent by a Service Provider in doing the Job is less than this. Please check that you are aware of and accept the minimum time and price for the Job before you make a booking. Subsequent hours after the minimum time will be charged on a per minute basis. Qserv reserves the right to change prices at any time.
- You agree to hold sufficient funds in your account to pay the final amount as it becomes due and will not request Job(s) unless you can pay for these. We may, at our sole discretion, not allow you to book a Job if we are outstanding the payment for a prior Job.
- Qserv may use Payment Services at our complete discretion to facilitate payment card processing. Qserv will ensure that the Payment Services comply with such financial and other relevant regulations but will not be responsible for the performance of the Payment Services. Qserv does not directly hold payment card or payment information. Qserv will be responsible for paying the fees charged by the Payment Services.
- In the event you pay cash to the Service Provider for Additional Works and/or Costs or Expenses:
- we advise you obtain a receipt for all monies paid; and
- such Additional Works and payment will not be covered by these Terms and Conditions.
- PRIVATE ENGAGEMENT
- You agree not to offer jobs (or accept offers) privately to Service Providers you have previously engaged with through Qserv.
- In the event you do request a Service Provider undertakes work (other than Additional Work) outside of the Customer Website/App, Qserv:
- reserves the right to terminate your access to the Customer Website/App; and
- will not be able to mediate on any disputes in respect thereof, and
- you will not benefit from the protection offered via these Terms and Conditions in respect thereof.
If you engage with a Service Provider who you feel has acted in an inappropriate way towards you, including but not limited to offensive, violent or sexually inappropriate behaviour you should immediately make a report to the appropriate authorities and then to Qserv at firstname.lastname@example.org quoting the name and location stated in the details of the Job. Your report may cause us to investigate such behaviour but we are not obligated to take action beyond that which is required by law, and we will not incur any additional liability or expense.
- DATA PROTECTION
- GENERAL CONDITIONS
- If any term or condition of these Terms and Conditions is held to be illegal or unenforceable such provisions shall be severed and the remainder of these Terms and Conditions shall remain in full force and effect unless the business purpose of these Terms and Conditions is substantially frustrated, in which case it shall terminate without giving rise to further liability.
- You may not assign or transfer any of your rights hereunder without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
- No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.
- These Terms and Conditions constitutes the entire agreement as to its subject matter and supersedes and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.
- You acknowledge that you have placed no reliance on any representation made but not set out expressly in these Terms and Conditions.
- Any notice to be given under these Terms and Conditions may be given via email, regular mail, or by hand to the address provided through registration via or the Customer Website/App.
- Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.
- These Terms and Conditions shall be subject to the laws of Qatar and the parties shall submit to the exclusive jurisdiction of the Qatari courts.