User Agreement for Service Providers, Tradespeople and Professionals
Thank you for accessing the Spetz Pty Ltd (“Spetz”, “us”, “we”, the “Company”) platform.
Our details are: Spetz Pty Ltd ACN 647 185 859, registered address at Level 6, 505 Little Collins Street, Melbourne VIC 3000
These Terms of Service (the “Terms”) as well as the Registration Agreement which is sent to you at the completion of the sign-up process and the terms of the plan you selected form the agreement between you and us. Please read carefully these documents as together they govern your use of the System (see definition below).
These Terms may be updated from time to time. If we amend these Terms, we will post a notice on the App for your information the next time you log into the App. By continuing to access the App, you agree to the amendments to these Terms. We encourage you to check these Terms on a regular basis to ensure that you are familiar with any updates of the latest Terms. If there is a significant change to the Terms, we may notify you via email.
If you are accessing the System as a Customer (i.e. you are looking for a Specialist) these are not the relevant terms for you. You must read and accept the “Terms of Service for Customers” which are accessible here.
The System is for use in Australia only. You must not access the System from any other country. You are responsible for all compliance with all laws and regulations which apply.
Customer Information: Any information uploaded or provided to the System by or about a Customer.
Service Call: An interaction with the System by which the user makes a request to connect to a Specialist and the System refers that Service Call to the best matched specialist.
The System: our website spetz.app, our platform, our applications (iOS and Android), our Speech Recognition Interface and all future Spetz interfaces used to implement the Service Call software operated by us.
Specialist: “you”, an account holder in the System who is a service provider, professional or tradesperson, and this definition also includes any person accessing or using the System on behalf of the Specialist.
2. Account Registration
You will be required to sign up for an account on the System, as well as certain personal and professional information about you, and your account details. You undertake to give us accurate, complete and updated registration information about yourself. You are not allowed to give false or misleading information or give someone else’s name. You may not transfer your account to anyone else without our prior written permission.
You may not share your account or password with anyone. You remain responsible for any activity associated with the account.
You must update the System with all your details. For example – the geographical areas in which you operate, fields of expertise and skills, working hours, availability etc. Please note that all areas of your skills, hours of operation, holidays and weekends will be defined by you.
3. Scope of services
The System serves as a platform for connecting Customers to Specialists.
The System prioritises the highest-ranked Specialist taking into account a combination of the Specialist’s availability, the Customer’s request, location and requirements, and the Specialists’ qualifications, information, location, availability of service and ratings.
Once a Service Call is confirmed within the System, the System will establish contact between you and the Customer and show you details of the Customer’s request. You are required to make contact with the Customer as soon as possible after a match being made. If there is a delay in your response, or if the Customer requests more Specialists offers, or if there is no comment from the Customer, the System may open the Service Call to other Specialists. Depending on the plan you selected, you may be charged a fee once a Service Call is referred to you. Once a Service Call has been confirmed, you are responsible to attend the Service Call at the time and place and all terms agreed with the Customer.
It is your responsibility to manage your availability on the System. You may contact us at any time, but you and you alone are responsible to designate yourself as ‘unavailable’ in the System. It is beyond the Company’s control and responsibility whether (even if) you have not designated yourself as ‘unavailable’ and you receive Service Calls. If you have not designated yourself as ‘unavailable’ in the System, you will still be charged for any Service Calls you receive and will be required to answer any Service Call you receive from a Customer.
It is beyond the Company’s control and responsibility whether (even if) the Customer did not respond or accept the Service Call.
4. Trade Qualifications and Certification
Where your profession requires legal or regulatory certification, it is your responsibility to ensure these are valid at the time of registration and are kept up to date at all times.
You are responsible for the content, accuracy, and completeness of the information you provide to us, and you agree only to provide true, accurate, current and complete information.
Any checks on trade accreditations, registrations or certifications that we carry out do not reduce your obligation to ensure that anyone involved in Service Call has the required trade accreditations, certifications or registrations to carry out the Service Call and/or Job.
Spetz has no control over Service Provider Information and disclaims all liability in this regard.
5. Warranties and Undertakings
You warrant and undertake that:
There are three alternatives for payments available to Specialists to use the System:
1. Credit Line (‘Use now, Pay later‘) – Upon registration, your account will be credited with an amount which will be approved by the Company. Each time you receive a Service Call, a fee will be deducted from your credit line. Your account will be charged with the amount due to us on the date of charge.
2. Fund Deposit – You will deposit an amount of money enabling you to receive Service Calls according to the amount that has been paid. Every time a Service Call is made to you, the funds deposited will be debited with the service call fee until the deposited funds are depleted. This will be automatically renewed when all available deposited funds have been used which means you will be required to deposit additional funds in order to receive Service Calls. We do not allow accounts to go into debit.
3. Package Plans – We offer a number of packaged plans. Each plan is a fixed term plan which means you cannot terminate your participation before the expiry of the plan. You will deposit an amount of money based on the available plans offered by us. In these plans the price per Service Call will be reduced because of your commitment, thus giving you more value for the money you deposit. This will be automatically renewed accordingly when the budget is used unless you choose a different plan.
The amount being paid according to a plan you selected or payment made using the above payment methods is not refundable. In case of any illegitimate service calls a request for an appeal should be made within 7 days of receiving the call through our appeal form. We will review the circumstances surrounding the alleged illegitimate call and will inform you of our decision. If applicable you will be credited the fees that were debited as a result of the illegitimate calls to your Spetz account.
An illegitimate call is an intentional misuse by a user of the Spetz app or a Spetz technical error.
You may be included in the system with a free Specialist account, at our discretion. In such a case, you will be classified as a ‘reserve’ Specialist and will receive Service Calls at the System’s discretion when no other Specialist is available.
We will automatically charge your preferred payment method (Credit Card, Debit card, or Direct Debit) based on the plan you choose. This fee will constitute a liquidated debt, due immediately upon becoming payable, and will bear interest at the maximum rate allowable under applicable legislation or regulations.
Spetz charges a setup fee to join the platform and commence using it. The fee is $450. The joining fee will be suspended (not waived) at the commencements of the account subject to these terms.
In addition, we may also elect at our sole discretion, to add a bonus credit to your account (the Bonus Credit). Any Bonus credit awarded by Spetz will be applied as account monetary credit only and is non-transferable and non-refundable.
In cases where;
a. any debts to Spetz are not paid in a timely manner; or
b. if you cancel a package plan which is a fixed term plan prior to the expiry of the plan or prior to paying the full packaged plan dollar amount; or
c. if we are required to commence enforcement proceedings against you,
then the following shall apply;
(1) Spetz has the right to reinstate the suspended set-up fee cost of $450`and this amount becomes due and payable immediately;
(2) Any Bonus Credit (see above) awarded to you and which was used to pay for Service Calls will be cancelled forthwith and will become immediately due and payable back to us and will constitute a liquidated debt’;
(3) if you breached a packaged plan terms and conditions, you must pay Spetz 50% of the maximum balance of the packaged plan as liquidated damages for the early cancellation of a fixed term agreement. To avoid doubt, if you fail to pay the amount as required under clause 2 of these Terms and Conditions as relevant to your packaged plan and Spetz allowed you to receive Service Calls, your payment obligation for breaching these Terms and Conditions includes reimbursing Spetz the amount you should have paid under clause 2 and 50% of the maximum balance of the packaged plan; and
(4) you are liable to pay and reimburse Spetz any outstanding fees, collection agency’s fees and\or any legal fees related to any process of enforcement against you.
You agree that any liquidated damages paid by you to Spetz as set out above, is a fair and reasonable amount to compensate Spetz for a breach of these Terms and is not a penalty.
All prices displayed by Spetz Pty Ltd do not include goods and services tax (GST) of 10%, or such other rate as determined by law from time to time, on the value of taxable services. GST will be added at the point of charge, as per the applicable law.
Your account balance will be available for you to view at any time. You are responsible for checking your account at any time and making sure there is enough balance to continue to receive Service Calls.
7. Service calls rates
The price of a Service Call is set according to the rate, depending on which type of category you choose to define your skills and the kind of service call.
We may review the Service Call price from time to time. If we change the Service Call rate, we will notify you via the Spetz App. If you proceed to use the App, you will be deemed to have accepted the price change. If you disagree with the amended Service Call price, you must notify us of your opposition. If we cannot resolve your concerns, we will continue to charge you the existing Service Call price until all funds deposited are depleted and then our agreement will be at an end.
*The Greater Sydney and Melbourne areas will incur an additional 30% charge.
The Company is entitled to establish a loyalty program at its own discretion and may change the terms of the program without any prior notice and without updating the specialist, the specialist will have no claim in this regard. In cases where payments have failed to be made or cancelled, the bonus will be cancelled and the specialist will be required to pay for all the calls they received.
The System’s rating method is designed to provide Customers with independent feedback on the quality, value and reliability of a specialist. Customers may be encouraged to provide and read reviews about Specialists’ given by previous Customers. Your performance in carrying out each Service Call may be rated and reviewed by the Customer and these reviews will be part of the information that will be supplied to the next Customers. It will also affect your rating and the way the System matches you with subsequent Customer Service Calls.
Where a feedback is inappropriate, violates these Terms or third-party rights, we reserve the right to remove such feedback and delete your account without prior notice.
It is strictly forbidden, and you warrant to us that you will not, or allow anyone else to, directly or indirectly, perform any of the following actions to the System:
If you engage in the above actions, you will be responsible for any loss or damage caused to any person or entity as a result of your actions.
12. Intellectual Property
All intellectual property rights (and not only the copyright) in the System, logo, name and any work appearing therein, as well as any information, software, code, file, image and database (including the database of the Specialists and Customers registered with it) belong solely to the Company and can only be used with the consent of the Company in advance and in writing. Nothing in these Terms grants you any license to use the System’s intellectual property, the Company’s trademarks or service marks, or any other intellectual property rights, unless expressly stated otherwise in writing.
By using the System, you hereby grant to us a perpetual, irrevocable, non-exclusive license to use, copy, reproduce, modify, publish, edit, translate, distribute, perform, and display your information provided to the System, as well as any other information derived from such information, alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licensees. The foregoing grants shall include the right to exploit any proprietary rights in such materials, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You also waive any moral rights you have in the materials.
By providing us any feedback on the System, suggestions, improvements, enhancements, and/or feature requests relating to the services or System, you grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute and otherwise fully exploit such feedback for any purpose.
You may not make any use or copy, reproduce, display, distribute, use or allow the use of any content from the System, including the database of Specialists. It is hereby clarified that the creation of an alternative databases is strictly prohibited and constitutes breach of these Terms and an infringement of intellectual property rights.
You will not:
(i) remove any copyright, trademark or other proprietary notices from any portion of the System;
(ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the System except as expressly permitted by the Company;
(iii) decompile, reverse engineer or disassemble the System except as may be permitted by applicable law;
(iv) link to, mirror or frame any portion of the services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the System or unduly burdening or hindering the operation and/or functionality of any aspect of the System; or
(vi) attempt to gain unauthorized access to or impair any aspect of the System or its related systems or networks.
13. Warranty and disclaimer
Except as expressly indicated to the maximum extent permitted by law, the System is provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
The System checks the content in it to prevent the existence of harmful software such as viruses, Trojans, worms or other harmful software, but we make no warranty that
(i) the System is free of viruses or other harmful components, or
(ii) the results of using the System will meet your expectations.
You are responsible for ensuring that you use updated antivirus software when using the System. The content of the System is presented as is without any warranty or liability whatsoever to the maximum extent permitted by law. We are not responsible in any way or manner for the accuracy of the content, services, completeness, legality, reliability, correctness, timeliness, availability, etc. of any content in the System. The information contained in the System has been provided by the Specialists and Customers and we are not responsible for it or its accuracy.
We do not guarantee 100% availability of the System and may, at any time and for any reason, restrict or prevent your access to or use of the System and/or any part of it and/or deactivate your account without the need for prior notice. We will do so immediately if we detect any fraud, you violate these Terms, the law, you cause damage to the System, any Customer or any third party. We reserve the right to modify or cancel the System or any feature or part of it (including the way in which the algorithm matches Specialists with Customers), at any time, for any reason, without advance notice. We are not responsible in any way for any loss or inconvenience that may be caused to you due to such changes.
We do not guarantee how many Service Calls you will receive. You may not receive any Service Calls at all, depending on demand and the System’s criteria. We also do not guarantee that any leads generated using the System will result in business for you. We do not offer refunds in the event that the Specialist does not obtain business from the Service Calls generated.
You remain responsible and liable at all times for the works you carry out and we assume no responsibility for these. We are not responsible for Customers’ behaviour towards you, or payments that Customers owe you.
We do not, nor are we required to, screen Customers. We also do not review or confirm the accuracy of details provided by Customers, and therefore cannot guarantee that all requests include correct or complete information.
We are not responsible for any third-party products or services available through, or advertised on, the System.
14. Liability and Indemnity
You are solely responsible for any damage or loss caused to a Customer, whether caused by you or by anyone on your behalf resulting from your actions or lack of action and/or negligence.
We are not and will not be liable for any direct or indirect damage caused to you and/or any Customer and/or any third party caused by you or your use of the System. You agree that, by using the System, you assume full responsibility for any damage that may be caused.
You will indemnify and keep us, our managers, employees, shareholders, officers, operators, partners, agents and/or representatives harmless against all liabilities, claims, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:
Nothing in this clause shall restrict or limit your general obligation at law to mitigate any loss you may suffer or incur as a result of an event that may give rise to a claim under this indemnity.
You can deactivate your account at any time. In such event, all Service Calls which are confirmed and outstanding must be carried out and outstanding sums owed to us must be paid immediately.
Any provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, all warranty disclaimers, indemnity, limitations of liability and dispute resolutions provisions.
16. Third party website and advertising
The System may include links to other websites. The Company does not endorse any of the linked sites, is not affiliated with them and is not responsible for their content.
In any case of a complaint regarding the content appearing on the System please use the Contact Page. In order for us to process a complaint, it must include the following details: accurate details identifying you, accurate identification of the content relating to your complaint, an explanation of the nature of the complaint and the problematic content, and sufficient means of communication to allow us to contact you.
Our failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. 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.
19. No partnership or representation
Nothing in these Terms 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.
The System is not used in any way to create entrepreneurial, partnership, employment or agency relations between the Company and the Specialist and you will not be considered a representative of the Company.
If at any time a competent court finds any provision of these Terms unenforceable or invalid and must therefore be changed or deleted, it is agreed that the change will be made in the most limiting manner and in a manner that will preserve the spirit of these Terms. The other Terms shall remain in full force notwithstanding any such deletion or modification.
21. Assignment and change of control
You may not transfer, assign or sublicense these Terms except with our prior written consent. We may assign, transfer or delegate these Terms and its rights and obligations without notice.
The Company may at any time sell its control and / or its activity and / or its assets, in whole or in part, in any manner whatsoever to any other entity, to any entity, or merge with any other entity and nothing in these Terms shall constitute a restriction on the Company to do so.
22. No third party rights
Except as expressly provided for in these Terms, a person who is not a party hereto has no right to rely upon or enforce these Terms.
23. Applicable law and jurisdiction
These Terms and any dispute or claim arising out of or in connection with these Terms or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of New South Wales.
Any dispute relating to or arising out of these Terms will be in the exclusive jurisdiction of the courts of the State of New South Wales.