1. Introduction and overview:

1.1
HOUSE OF HARD HATS (PTY) LTD, hereinafter called “HOUSE OF HARD HATS” provides an online platform and marketplace for Tradesmen and/or Tradesman and/or Contractors and/or Subcontractors and/or Service Providers of all types over all industries to and for potential Customers who are in need of the services provided by the parties as mentioned above.
1.2
By using the service offered through this Website, you are bound by the terms and conditions set out below. If you do not agree to be bound to our terms and conditions, you may not use or access our service / website / platforms.
1.3
It is the sole responsibility of all the parties concerned, including but not limited to all the potential users, to acquaint themselves with the terms and conditions set out in this document. By using any of the services of HOUSE OF HARD HATS, you (any interested party) unconditionally consent and agree to the terms and conditions set out in this document. (See: definition of “users” in paragraph 2 hereof)
1.4
These terms and conditions is readily available on both websites (see paragraph 2 of this document) and is applicable to the services provided on both these websites.

2. Key Definitions

2.1
"Company", " HOUSE OF HARD HATS " ("us", "we", "our" and "ours") means House Of Hard Hats (Pty) ltd with bearing registration number: 2017/060449/07
2.2
"Customers" means any person who submits or posts a job on the Website for Tradesmen / Tradesman / Contractor / Contractors / Sub-contractors / Service Professionals / Service Providers to quote on.
2.3
"Job" means project/job; submitted job; posted by a customer via our service / website.
2.4
"Users", "You", means anyone making use of HOUSE OF HARD HATS’ Services / website (individuals / businesses / entities / home owners / realty agents / insurance companies)
2.5
"Service" means any services or procedures that are supplied / provided by HOUSE OF HARD HATS to users, which includes but are not limited to information, products & services provided through our website / platforms / by telephone or email or other forms of technology.
2.6
"Tradesman / Tradesmen / Contractor / Contractors / Service Providers / Service Professionals" means any business / individual who registers on our website in order to quote for work posted on our site by Customers.
2.7
"Website" means the website www.houseofhardhats.co.za as well as www.houseofhardhats.com and all the pages, website content / blogs / information listed within.
2.8
"Expressing interest", "Expressed interest" means contacting, quoting or messaging a customer found via our Service.
2.9
"Lead", is any listing posted by Customers that allows the Service Providers / Tradesmen / Tradesman / Contractor / Contractors the option to express interest in the said lead.
2.10
"Shortlist", is a lead where the customer chooses to share their contact details with a Trade professional.
2.11
"Service Agreement", means any arrangement made between the Service Providers & Customers in their own entirety in any format
2.12
“Sub-contractor” means any business or individual who is appointed by the Tradesman / Tradesmen / Contractor / Contractors / Service Providers / Service Professionals
2.13
“T’s & C’s”, means terms & conditions in accordance to the Website

3. Governing Law & Jurisdiction

3.1
These T’s & C’s shall be governed by and construed in accordance with South African law.
3.2
Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of South African Courts, and more specifically to any Magistrate Court. This discretion lies solely with the Company and may decide not to execute its discretion.
3.3
If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.

4. Accuracy and confirmation of Information

4.1
HOUSE OF HARD HATS will within reasonable measures, ensure and confirm the accuracy of the information received from any user of the website, but cannot guarantee the accuracy of the information on this Service, and are not liable for any problems or losses arising from errors in the content.
4.2
As the user, or any other interested party, you hereby consent that HOUSE OF HARD HATS may initiate and complete any investigation on any and all leads and/or information and/or content provided to HOUSE OF HARD HATS by the user itself or any other person with information with regards to the user, in order to confirm and ensure the accuracy of any information provided by the user or any other person and/or entity and/or institution.
4.3
HOUSE OF HARD HATS reserves the discretion to investigate the accuracy of the content of any sub-contractor of any contractor, but does not have the obligation to ensure the accuracy at all.

5. Role and position of HOUSE OF HARD HATS

5.1
In using the Services provided by HOUSE OF HARD HATS, you acknowledge that HOUSE OF HARD HATS is not acting as a Tradesman / Tradesmen / Contractor / Contractors / Service Provider or agent and is not responsible for any work done.
5.2
It is the responsibility of the Customer to select a suitable Tradesman / Tradesmen / Contractor / Contractors / Service Professionals / Sub-Contractor and to negotiate the terms for any work that they undertake or agree to undertake, and HOUSE OF HARD HATS will not be involved or held liable for any Service Agreement between the Customer and Tradesman / Tradesmen / Contractor / Contractors / Service Provider / Service Professionals / Sub-contractors.
5.3
HOUSE OF HARD HATS would in no circumstances incur any liability or be involved in any way to any disputes arising in and between the relationship of any contractor and its sub-contractor.
5.4
We recommend and urge any Customer, before entering into any Service Agreement with any Tradesman / Tradesmen / Contractor / Contractors / Service Provider / Service Professionals to obtain confirmation of guarantees, insurance cover, qualifications and any other necessary documents.

6. Intellectual Property

6.1
HOUSE OF HARD HATS owns all the intellectual property rights relating to the site / platforms, including the designs, text, database, graphics and layouts, and you agree not use or copy any part thereof without our express permission.
6.2
The intellectual property rights on postings, messages, text, files, images, photos, video, sounds, or other materials ("content") Users upload to HOUSE OF HARD HATS are retained by the copyright owner, and these are added to the site by Users at their own risk. In doing so you are giving expressed and irrevocable permission for us to store, display and use the content.

7. Content

7.1
You agree to use the website only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else's use and enjoyment of the website. Emails, messages, profiles, job postings / descriptions and other content must be civil and tasteful.
7.2
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("content") posted on, transmitted through, or linked from HOUSE OF HARD HATS or any affiliated companies are the sole responsibility of the person from whom such content originated. You are entirely responsible for all content that you post, email or otherwise make available via the Service.
7.3
You understand that HOUSE OF HARD HATS does not control, and is not responsible for content made available through the service. Furthermore, HOUSE OF HARD HATS site and content available through the Service may contain links to other websites, which are completely independent of HOUSE OF HARD HATS.
7.4
HOUSE OF HARD HATS makes no representation or warranty / guarantee as to the accuracy, completeness or authenticity of the information contained in any such website.
7.5
Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will HOUSE OF HARD HATS be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via our Website / Platforms (HOUSE OF HARD HATS).
7.6
You acknowledge that HOUSE OF HARD HATS does not pre-screen or approve all content, but that HOUSE OF HARD HATS shall have the right (but not the obligation) in its sole discretion to remove or move any content that is available on the website for violating the letter or spirit of the terms or for any other reason.
7.7
HOUSE OF HARD HATS reserves its right, and will execute the right if necessary, to report any and all content which may be false, fraudulent or represented with the intention to deceive and compound, to the necessary authorities and does not entertain any liability in the event that the said reporting constitutes or brings about any damages whatsoever to any interested party, even in the event of any decreased reputation and good name.

8. Information

8.1
You acknowledge that all information you provide is true and correct. Should it come to the attention of HOUSE OF HARD HATS that you have provided false or inaccurate information, we reserve the right to terminate your use of our site / platforms with immediate effect and pursue legal action, of which you would be liable to any and all legal costs as on the scale as between attorney and client.
8.2
You are solely held liable for providing true, accurate and correct information. Should you fail to do so, HOUSE OF HARD HATS will not be held liable in any form whatsoever.
8.3
By accepting these terms and conditions you acknowledge and validate that all information provided by you is true and correct.
8.4
HOUSE OF HARD HATS reserves its right, and will execute the right if necessary, to report any and all information which may be false, fraudulent or represented with the intention to deceive and compound, to the necessary authorities and does not entertain any liability in the event that the said reporting constitutes or brings about any damages whatsoever to any interested party, even in the event of any decreased reputation and good name.

9. Dealings with organisations and individuals

9.1
Your interactions with organisations and/or individuals found on or through the Website / platforms, including payment and delivery of goods or services, and any other terms, conditions, warranties, guarantees or representations associated with such dealings, are solely between you and such organisations and/or individuals / companies / Service Providers.
9.2
You agree that HOUSE OF HARD HATS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users on this Website / platforms, or between Users and any third party, you understand and agree that HOUSE OF HARD HATS is under no obligation to become involved.
9.3
In the event that you have a dispute with one or more other Users, you hereby release HOUSE OF HARD HATS, its officers, employees, Owners, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

10. Feedback / Reviews

10.1
All Tradesman / Tradesmen / Contractor / Contractors / Service Providers / Service Professionals will be subject to feedback evaluations from Customers if, after expressing interest, a Service Agreement is reached to carry out some or all of the job advertised or similar or related work.
10.2
All Tradesman / Tradesmen / Contractor / Contractors / Service Providers / Service Professionals understand that HOUSE OF HARD HATS is not responsible for the feedback content that those customers post, or any harm done by such content. The Customer who posts the feedback is directly responsible for its content, and the accuracy and legality thereof.
10.3
All Users understand that any use of profanity, libellous behaviour, racism, illegal activity, or any other form of abuse of the feedback function or any other part of the website may be banned from further use and reported to the authorities, if applicable.
10.4
HOUSE OF HARD HATS performs a number of checks on feedback with an aim to ensure that feedback is authentic, and will remove feedback that in its sole discretion appears to be false, unnecessary or misrepresented with the intention to depict an incorrect level of standards or to cause harm to any user’s reputation without valid reasons and/or grounds.
10.5
Although HOUSE OF HARD HATS would monitor and regulate the feedback to its best ability and within reasonable grounds, it is understood between all of the parties and/or users that the removal of any feedback is conditional to the discretion of HOUSE OF HARD HATS and should not be deemed as an obligation incumbent upon HOUSE OF HARD HATS.
10.6
HOUSE OF HARD HATS may, at its sole discretion, also remove feedback at the request of the author thereof.

11. Payment Terms & Refunds

11.1 Tradesman / Tradesmen / Contractor / Contractors / Service Providers

11.1.1
You agree that you are responsible for paying your membership / subscription fees in full. If your account is not paid, your subscription / membership will be frozen and a penalty will be charged.
11.1.2
It is in the sole discretion of HOUSE OF HARD HATS to freeze and/or suspend the membership and reserves the discretion to lift the suspension upon receipt of the penalty amount.
11.1.3
HOUSE OF HARD HATS does not give any refunds. You understand that we only accept payment through our chosen payment check out system or by EFT. By designating a specific method / payment process, you confirm that you are authorised to make such a purchase / Payment.
11.1.4
No cash payments will be accepted. Any costs incurred from cash deposits will be at your own expense and you will be invoiced for the incurred fees as well at the penalty charge.
11.1.5
You agree to receive all invoices by email to the email address you have provided to us. It is your responsibility to ensure that this email address is working correctly.
11.1.6
You agree furthermore that the representation of the invoice via email is sufficient to constitute HOUSE OF HARD HAT’S right to collect the amount owed. All invoiced amounts is due and payable within 30 days of representation thereof.

11.2 Failed & Disputed Payments

11.2.1
In the event that you query or dispute a charge or payment on your membership / subscription, you agree to contact us using the form available on our Contact Us page or admin@houseofhardhats.co.za
11.2.2
Should any payment method you use fail or is later reclaimed / rejected / returned by the bank or card issuer you agree to pay any costs incurred by us plus a R75.00 administration fee.

11.3 Collections

11.3.1
HOUSE OF HARD HATS reserves the right to utilize the services of a third party to retrieve any monies owed to HOUSE OF HARD HATS.
11.3.2
Should the need arise to utilize a third party, you will be held liable for all costs incurred, including all Administration fees from attempts to collect the funds from you, including legal fees on a scale as between attorney and client.

12. Start-Up References : Tradesman / Tradesmen / Contractor / Contractors / Service Providers / Service Professionals

12.1
Upon initial Registration / sign up / to HOUSE OF HARD HATS, you have the option to submit 2 references obtained for work completed outside of HOUSE OF HARD HATS which can be used & added to your profile on HOUSE OF HARD HATS which will be visible for Users to see.
12.2
We charge R150.00 administration fee per reference for validating such reference with your previous customers prior to registering the referance on our Website / Platforms. It is the sole responsibility of the Tradesman / Tradesmen / Contractor / Contractors / Service provider to ensure the information is accurate & correct, HOUSE OF HARD HATS reserves its rights not to publish inaccurate information on our Website / Platforms.
12.3
HOUSE OF HARD HATS will only verify a reference / references upon full receipt of payment in line with our charges, and publishing of the reference is in our sole discretion.
12.4
HOUSE OF HARD HATS does not make refunds for requested references, once payment is made & received, you agree to our terms & conditions for external reference checks.
12.5
It is your responsibility to ensure that you have the referee's permission to give their contact details to HOUSE OF HARD HATS.

13. Limitations

13.1
You acknowledge that HOUSE OF HARD HATS may establish limits concerning use of the Website, including but not limited to the maximum number of days that content will be retained by the website, the maximum number and size of postings, emails, messages, or other content that may be transmitted or stored by the Website, and the frequency with which you may access the website.
13.2
You agree that HOUSE OF HARD HATS has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website / Platforms.
13.3
You also acknowledge that HOUSE OF HARD HATS reserves the right at any time to modify or discontinue the website (or any part thereof) with or without notice, and that HOUSE OF HARD HATS shall not be liable to you or to any third party for any modification, suspension or discontinuance of any services.
13.4
You agree that we shall not be liable for any loss or damages arising from the provision (or non-provision) of any part of the service, including loss of profit or consequential loss or damage.

14. Termination of service

14.1
You agree that HOUSE OF HARD HATS, in its sole discretion, has the right to deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of the website / Platforms, immediately and without notice, for any reason, including, without limitation, if HOUSE OF HARD HATS believes that you have acted inconsistently with the letter and/or spirit of these terms.
14.2
You agree not to attempt to use the website after said termination and HOUSE OF HARD HATS reserves all of its rights in this regard, including but not limited to, interdicting you to abruptly stop all use of our services, which interdict would be obtained on your costs.

15. Cancellation Policy

15.1
You agree that should you the Tradesman / Tradesmen / Contractor / Contractors / Service Provider / Service Professional wish to cancel your subscription with HOUSE OF HARD HATS, you will provide such notice in writing.
15.2
All Cancellations will only be accepted if a FULL calendar months’ notice has been given, and you agree that you would be liable to pay the subscription fee for the month given notice.
15.3
Should you hand in your notice after the 1st of the month before you wish to stop utilizing our site / platforms, you will be charged your monthly subscription in full as per usual.

16. Changes

16.1
HOUSE OF HARD HATS reserves the right to change or update these terms and conditions from time to time. As a User of the Website / Platforms, you are responsible for acknowledging any updates of these terms and conditions by visiting this section. Any significant changes in the terms and conditions will be followed by notification emails to all active Users.

17. VAT & Costings

17.1
HOUSE OF HARD HATS has the right to increase your subscription fees annually by approximately 10% per annum (amount may vary) and may include VAT at a later stage.

18. Legal, Liability and Risk

18.1
In the event that HOUSE OF HARD HATS instructs its Attorneys to institute legal proceedings against a Client, the Client hereby undertakes and agrees to pay all HOUSE OF HARD HATS Attorney’s legal fees should judgement be granted in favour of HOUSE OF HARD HATS, and fees as on the scale as between attorney and client.
18.2
HOUSE OF HARD HATS accepts no liability for any loss or costs, whether direct, indirect or consequential, which a Client may suffer, or for which a Client may become liable, arising out of or in connection with, or as a result of the referred/employment of any Tradesman / Tradesmen / Contractor / Contractors / Service Providers / Service Professional / Sub-Contractor introduced by HOUSE OF HARD HATS or any other person or business.
18.3
The undertakings set about above are separate from each other and the Client agrees to be bound by each and every one of the said undertakings.
18.4
The Client’s physical address as given on this site / platforms, shall be recognized as the domicilium citandi et executandi for the client and by agreeing to these terms & conditions (if a separate person) for all purposes in terms of this agreement, whether in respect of serving any court process, notices, payment of any amount or communication of whatever nature.
18.5
A certificate issued and signed by any director or manager of HOUSE OF HARD HATS, whose authority need not be proved, in respect of any indebtedness of the Client to HOUSE OF HARD HATS or in respect of any other fact, including but without limiting the generality of the foregoing, the fact that HOUSE OF HARD HATS offers online services of introducing homeowners to tradesman / tradesmen / contractor /contractors /service providers/service professional and does not accept any liability therefore.
18.6
Any person/business/user/entity that utilizes the services which HOUSE OF HARD HATS offer, does so at their own risk & HOUSE OF HARD HATS will not be liable for any loss, injury, death or damage as a result of this.

19. Privacy Policy and Data Protection

19.1
At HOUSE OF HARD HATS, we recognise and respect the importance of protecting the privacy of our customers and thus only personal information that we consider necessary for the purpose of providing our services will be collected, stored or processed. We do not require any personal information to view the public parts of our website / Platforms.

20. Data Collection

20.1
Job posters & Ask a “Hubby” users
20.1.1
When you register / sign up / join, 'post a job' or 'ask a Hubby' we do need to collect certain personal details to enable us to provide the services you have requested and would include your username, name, address, telephone number, email address and technical data (relevant to assisting in this matter).
20.1.2
You agree to provide us with the necessary consent to collect the data, which consent is unconditional and cannot be rescinded / withdrawn.
20.1.3
We attempt to ensure all information shared or advice given is accurate to the best of our ability, pricing, products & personal views may differ between parties, suppliers & individual opinions.
20.1.4
HOUSE OF HARD HATS recommends that Users / Tradesman / Tradesmen / Contractor / Contractors / Service Providers ensure they contact relevant Authorities & governing bodies in connection with general / technical requirements or requests in line with South African laws & SANS (South African National Standards) & relevant governing bodies accordingly & not limited to.
20.1.5
HOUSE OF HARD HATS always recommends using qualified Tradesman / Tradesmen / Contractor / Contractors / Service providers to undertake jobs / tasks / repairs & general requirements for any task undertaken.
20.1.6
When you apply to join / sign up / register for our service we will ask you for a broad range of information about your business and about yourself as the main contact.This will include, but is not be limited to: your username, name, address, telephone numbers, email address, proof of qualifications, accreditation to relevant governing bodies relating to you industry within South Africa or abroad, proof of identity, date of birth, gender, payment information & technical data.
20.1.7
When references are provided by you, we collect names, email addresses and contact phone numbers. We will only use this information to collect the reference on your behalf, to the best of our ability and within reasonable grounds.

21. Technical Data

21.1
HOUSE OF HARD HATS collect technical data about operating system, the type of browser software and IP address you are using for the purposes of tracking site use, or improving the service offered throughout our website. This information will be not used to identify you personally.
21.2
We make use of cookies to track who you are between requests, if you disable cookies you will not be able to login to our site.
21.3
Most web browsers allow some form of control in-regards to cookies through their respective browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit aboutcookies.
  • We advertise through Google AdWords and you can opt out of their cookies.
  • We advertise through Bing ads, you can opt out of their cookies.
  • We advertise through Facebook to learn more about their cookies and how to opt out.
  • We advertise through Instagram to learn more about their cookies and how to opt out.
  • We advertise through Twitter to learn more about their cookies and how to opt out.
  • We advertise through LinkedIn to learn more about their cookies and how to opt out.
21.4
We use Google Analytics to monitor user activity on HOUSE OF HARD HATS in order to identify problems and improve our website. To opt out of Google’s internet tracking, visit gaoptout.
21.5
We use “Add this” to make it easier for you to share our content, you can find out more about them and how to opt out of having this data used for advertising purposes on their Privacy page
21.6
By using our services, you provide us with the necessary consent to use and track the data in this section, which consent is irrevocable.

22. Use of Intercom Services

22.1
HOUSE OF HARD HATS use third-party analytics services to help understand your usage of our services. In particular, we provide a limited amount of your information (such as your email address and sign-up date) to Intercom, Inc. (“Intercom”) and utilize Intercom to collect data for analytics purposes when you visit our website or use our product.
22.2
Intercom analyses your use of our website and/or product and tracks our relationship so that we can improve our service to you. We may also use Intercom as a medium for communications, either through email, or through messages within our product(s). As part of our service agreements, Intercom collects publicly available contact and social information related to you, such as your email address, gender, company, job title, photos, website URLs, social network handles and physical addresses, to enhance your user experience.
22.3
For more information on the privacy practices of Intercom, please visit http://docs.intercom.io/privacy. Intercom’s services are governed by Intercom’s terms of use which can be found at http://docs.intercom.io/terms. If you would like to opt out of having this information collected by or submitted to Intercom, please contact us or admin@houseofhardhats.co.za

23. Utilizing your information

23.1
Your username will be publicly displayed.
23.2
For Users / job posters, only when you choose to engage with a Tradesman / Tradesmen / Contractor / Contractors / Service Provider / Service Professional or they accept your invite will we share your name and phone number with the chosen Tradesman / Tradesmen / Contractor / Contractors / Service Provider / Service Professional.
23.3
For Tradesman / Tradesmen / Contractor / Contractors / Service Providers, once you have been selected for a job or quote will we share your name and phone number with the job poster automatically but we will also share your address, email and potentially other information with the job poster upon request that you have displayed on your profile.
23.4
You herewith agree that we may use the contact information you provided to contact you via email, SMS and telephone in relation to our services.
23.5
We will use the information you provide to; assist you with using the site, to help us resolve disputes, to identify fraud, to enforce our terms and conditions.
23.6
For the interests of quality control and training purposes, we may monitor or record your communication with our staff in the aim of improving our business and service for our customers.

24. Sharing of information

24.1
HOUSE OF HARD HATS will not trade or sell your information to any company or parties not directly associated with its proper use within the website, except when you give us explicit permission and we give you an opportunity to opt out of having your personal information shared.
24.2
We may disclose your personal data if we are required to do so by law, or in response to a valid request by a law enforcement or governmental authority.

25. Security

25.1
Any and all information provided by the user or any other party will be held by HOUSE OF HARD HATS using the appropriate safeguards to ensure the security, integrity and privacy of your details.
25.2
Although any and all communication between you and our website is encrypted and although we go to great lengths to protect all information through security processing systems, HOUSE OF HARD HATS will not be held liable for any unforeseen breaches in the security due to Internet Trolls / Professional Hacking & unauthorised access by a third party or system to our Websites.

26. Access to your information

26.1
In the event that you require a copy of the information we have concerning you, please contact us through our “contact us” section on HOUSE OF HARD HATS.
26.2
Providing the information is subject to an administration fee of R150.00 made payable to HOUSE OF HARD HATS, the correct reference number will be issued to you prior to making payment, upon full receipt of the R150.00 including a corresponding relevant reference number, we will forward the relevant information to your chosen email address given to us.
26.3
Our security procedures mean that we may ask for proof of your identity before we will disclose information about you, or to you, be this via email or over the telephone.

27. OUR RIGHTS

27.1
ALL OUR RIGHTS ARE AND REMAIN STRICTLY RESERVED