CLIENT TERMS AND CONDITIONS OF USE

These terms and conditions are applicable to your use of The Installation Company (as defined in paragraph 2 below) and contain the terms and conditions relating to services rendered by both Service Partners and OnCall Franchising (Pty) Ltd [Reg 2021/854171/07] t/a The Installation Company when using the Installation Company platform. Important terms include limitations of liability, the provision of services by Service Partners and dispute resolution as well as various obligations on you. By using the Installation Company platform, you accept these terms and conditions thereby indicating your full agreement thereto.

1. Introduction

1.1 The Installation Company provides a market place through an electronic platform which facilitates access to Service Partners who provide a variety of services such as, but not limited to, tiling, flooring installations, plumbing and building work.

1.2 This electronic market place facilitates the co-ordination of work between Service Partners and Clients including, but not limited to scheduling, timing, quoting, invoicing and related payments.

1.3 The Installation Company makes a vetted panel of Service Partners who are admitted to the panel only once they have met certain minimum requirements available to Clients.

1.4 Any transaction for the execution of work concluded through The Installation Company platform is made between the Service Partner and Client where The Installation Company is the party who makes the introduction for a commission.

1.5 In no way shall it be understood or construed that The Installation Company shall act as agent or representative of either the Service Partner or the Client.

1.6 These Terms of Use must be read together with The Installation Company “Privacy Policy” which can be found on our website at www.installco.co.za. Unless defined elsewhere, terms in these Terms of Use shall have the same meaning as those contained in the Privacy Policy.

1.7 The Installation Company reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms and Conditions. Such amendments shall supersede and replace any previous Terms and Conditions and shall be made available on the website. Each time a user accesses the website and/or uses the services, you consent, by such access and/or use, to the latest Terms and Conditions, as amended and/or replaced from time to time. If you are not satisfied with the amended Terms and Conditions, you should refrain from using the website and/or services.

1.8 Should there be anything in these Terms and Conditions that you do not understand please contact us on 010 593 0599 to clarify. Calls to us are recorded and monitored for training, security and/or quality assurance purposes.

2. Definitions

2.1. “we”, “our”, “us” and “The Installation Company” means ONCALL FRANCHISING (PTY) LTD, a private company incorporated in accordance with the laws of the Republic of South Africa, with company registration number 2021/854171/07 and whose registered office is at CTM Building, 78 Peter Place, Bryanston, 2194;

2.2. “you”, “your” and “Client” means any person who makes use of The Installation Company platform in anyway including the services of Service Partners;

2.3. “Charges” means all the charges relating to services rendered for Clients including, but not limited to labour, parts and materials and removal of rubble as set out in paragraph 4 below;

2.4. “Quotation” means any quotation provided to you by any Service Partner through the Platform;

2.5. “Job” or “work” means the delivery of installation services by any Service Partner to you in terms of these Terms and Conditions of Use;

2.6. “Personal Data” means essential information required by The Installation Company and its Service Partners in order to perform the Job, which will include some or all of the following:

• 2.6.1. Your first name and surname
• 2.6.2. Your telephone numbers and email addresses
• 2.6.3. Your residential address
• 2.6.4. Details about how to access your premises for purposes of performing the Job
• 2.6.5. Your bank and or Credit and Debit card details for purposes of exacting a deposit, interim and final payment for the Job

2.7. “Estimated Job Time” means in relation to each Job, the estimated time at which the Service Partner is to present themselves on-site for purposes of performing the Job as indicated on The Installation Company Platform;

2.8. “Payment Method” means the method by which you choose to pay for the Job, either by Electronic Fund Transfer or by Debit or Credit card payment gateway

2.9. “Platform” means The Installation Company website and mobile application system through which you may make use of The Installation Company Services

2.10 “POPIA” means the Protection of Personal Information Act 4 of 2013

2.11. “Website” means the website www.installco.co.za

2.12. Any reference to “us”, “The Installation Company” or “The Installation Company” includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service Partners and suppliers.

2.13. Any reference to “person” includes any individual, company, corporation, unincorporated association or body, government, state, organisation or other entity whether or not having separate legal personality.

2.14. By using the Services of The Installation Company, you agree to be bound by these Terms of Use (as amended and updated from time to time, upon notice to you).

2.15 Should any person disagree with any of these terms and conditions, such person must refrain from making use of The Installation Company platform or services.

3. Privacy and Personal Information

3.1 The Installation Company takes your privacy seriously and is committed to protecting your personal information.

3.2 We use the personal information we collect from you in accordance with the Company Privacy Policy.

3.3 All personal information collected from you is done so with the express purpose of conducting business activities with you. This may or may not result in the conclusion of a contract or transaction between The Installation Company, yourself and/or a Service Partner.

3.4 You expressly consent to us collecting and processing your personal information when using this Website and our services

3.5 Personal information may be used to provide information of our products and services to you from time to time.

3.6 Information may also be used for a variety of purposes including

• 3.6.1 pursue our legitimate interests such as to compile reports and statistical analysis;
• 3.6.2 comply with requests for information from any internal or external auditor of the company and or/its Affiliates, or any regulatory body;3.6.3 provide you with information about our products and services from time to time via email, telephone or other means;
• 3.6.4 meet legal and regulatory requirements to which we may be subject;
• 3.6.5 use in connection with legal proceedings; and
• 3.6.6 assist with any criminal or similar investigation.
• 3.6.7 resolving complaints

3.7 We may share your personal information with third parties where;

• 3.7.1 Those required in order to meet our transactional or contractual obligations to you (such as transporters for the delivery of goods purchased from us);
• 3.7.2 External auditors; and
• 3.7.3 Regulators, governments and law enforcement authorities.

3.8 Where we or a Service Partner shares your personal information with the above third parties, the latter will be obliged to use that personal information for the reasons and purposes it was disclosed for. To this end, we have agreements in place with these third parties to ensure this.

3.9 Your personal information is stored in cloud storage facilities and will be transferred or processed outside of the Republic of South Africa. Any disclosures of your personal information to third parties outside South Africa is done in line with the requirements set out in section 72 of POPIA.

3.10 Unless you have consented, The Installation Company will not sell, exchange, transfer or otherwise make available any personal information about you to any other parties and you indemnify The Installation Company and its Service Partners from any unintentional disclosure of such information to unauthorised persons.

• 3.11 In accordance with POPIA, The Installation Company will keep your personal information on record for as long as:
• 3.11.1 It is legally obliged to do so;
• 3.11.2 A contract or agreement with you requires us to keep it;
• 3.11.3 You have consented to us keeping it;
• 3.11.4 We reasonably require it to achieve the purpose set out in the terms of transaction or contract with you;
• 3.11.5 We require it for legitimate business purposes; or
• 3.11.6 There is ongoing litigation, investigation or tax or other regulatory query relating to the Personal Information.
• 3.11.7 Generally, without limiting the above, personal information shall be retained for 5 years.

3.12 As a data subject you have a legal right in terms of POPIA to:

• 3.12.1 Request access to your Personal Information we hold;
• 3.12.2 Request correct and/or deletion of your Personal Information we hold;
• 3.12.3 Request the restriction of or object to the processing of your Personal Information we hold;
• 3.12.4 Withdraw your consent to the processing of your Personal Information;
• 3.12.5 Withdraw your consent to receiving marketing messages from us; and
• 3.12.6 Complain to the Information Regulator as set out below.

3.13 Should you wish to lodge a complaint with the Information Regulator related to this Privacy Policy, you may do so in the prescribed manner and form;

3.14 The address of the Information Regulator is as follows:

The Information Regulator (South Africa), 33 Hoofd Street, Forum III, 3rd Floor Braampark
PO Box 31533, Braamfontein, Johannesburg, 2017
Complaints email: complaints.IR@justice.gov.za
General enquiries email: inforeg@justice.gov.za

4. Cookie Policy

4.1. Our website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognize repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected most web browsers allow you to deny or accept the cookie feature. Note that should you disable your cookies you may not be able to use all the features of our website.

4.2. When you visit the website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy.

5. Booking Process

5.1. To create a Booking request, you must provide us with the necessary personal information via the Platform.

5.2 This can be done by making contact via any one of our various portals including, but not limited to, telephone, email or contact forms located on theThe Installation Company website or Affiliate websites.

5.3 Once you provide us your personal information via any one of these channels, you agree to be bound by the Terms and Conditions as set out in this agreement.

5.4 It is your responsibility to ensure all personal information provided by you is accurate. In the event that any information provided by you is incorrect or, has been incorrectly recorded by The Installation Company staff or affialiates it is your right and duty to inform The Installation Company using any one of the valid communication channels available to Clients.   

5.5 The Installation Company will use your personal information to process your request, including identifying an appropriate Service Partner, creating an initial site inspection appointment, generating a Quotation, calculating the Estimated Job Time, scheduling the date and time at which the designated Service Partner will perform the job and subsequent invoicing and payment collection.

5.6 The Quotation will be valid for the number of days as it appears on the Quotation and should no period appear, shall be valid for 21 days from the date of issue. If you do not accept the Quotation during this period you may need to re-submit your request together with the personal information in order for us to generate a new Quotation.

5.7 If the personal information you provide to us does not comply with our terms and conditions of use then we may decline to commence with the Service Booking and/or related Job.

6. Payments

6.1. The Service Partner shall determine the fair and reasonable rate and disclose this to you via the Quotation.

6.2. The Installation Company shall provide suggested rates however the final decision on how much to charge rests with the Service Partner and takes into account many factors such as distance, location, ease of access, complexity of Job, type of Job and others.

6.3. Should you not be satisfied with the rate, you are encouraged to contact The Installation Company who will attempt to assist you in receiving a revised price from the allocated Service Partner or arrange for a second Service Partner to also quote.

6.4. On acceptance of the Quotation (by making a deposit or notifying us in writing of such acceptance), this creates a binding agreement between you and the Service Partner and you authorise The Installation Company to deduct the agreed charges as contained in the quotation from your chosen method of payment in respect of the deposit amount and when the job is completed.

6.5. By accepting the Quotation, you agree to, and shall be liable for payment of a deposit amounting to 70% of the total value of the Quotation including Value Added Taxation on materials and 100% on materials where applicable.

6.6. In the event of a variation in the scope of the job, the Service Partner shall issue a revised Quotation. Additional work shall not be performed until the revised Quotation is accepted by you. (all re-quotations must be done on The Installation Company platform)

6.7. In the event that the revised Quotation is of lesser value than the original Quotation, the job as per the Quotation shall be performed regardless of whether or not you have approved the quote.

6.8. Once the work is successfully completed, the Service Partner shall indicate this on The Installation Company platform. At this time, you shall be invoiced the full value of the job and become liable for the value of the Invoice or Tax Invoice less any deposits paid.

6.9. Your Invoice or Tax Invoice will be available to view on The Installation Company platform and we may, in our discretion, send a copy to your email address. 

6.10. Should the deduction from your chosen method of payment be unsuccessful for either the deposit or final Invoice Value, you shall be obliged to effect payment to us within 48 hours after delivery of such invoice, either via electronic funds transfer or by any other method agreed to by The Installation Company.

6.11. Any overdue and outstanding amounts shall attract interest at prime plus 4%, calculated daily, capitalized monthly, where the prime rate will be determined using the rate as published by Investec Bank and amended from time to time.

6.12 The currency used will be ZAR South African Rands. Services are only performed within the borders of South Africa and as such, this is the only currency that will be accepted as payment.

7. Cancellations and Refunds

7.1 In the event that you wish to cancel a service prior to that service commencing, you are welcome to do so by notifying us. The following cancellation charges will be applied against any payments made. These cancellation fees are calculated based on the total quote value (and not the deposit) of the job;More than 48 hours prior                  

• 7.1.1 0% fee
• 7.1.2 Between 48 hours and 24 hours         20% fee
• 7.1.3 Less than 24 hours                              30% fee

7.2 In the event that the allocated Service Partner fails to arrive within 60 minutes of the pre-agreed time to undertake the Job and you no longer wish to use its services or any alternative Service Partners listed on its platform, we will refund you any monies and deposits paid to that point.

7.3 You must send an email to quotes@installco.co.za and state the quotation number, reason for refund.

7.4 Should you have paid via EFT, also provide us with the bank details of a South African bank account into which you require us to deposit the funds into in your email. We may require you to send us a cancelled cheque or bank statement (you may hide the transactions and balance amounts) attached to your email to allow us to validate the banking details.

7.5 Should you have paid via Credit card or Debit card, also include the Full Name of the card holder, Credit card or Debit card number, expiry date to allow us to effect the refund.

7.6 We shall process the refund within 5 working days of receipt of your email request and you should allow an additional three (3) days should you bank with a different bank to The Installation Company.

8. On-site

8.1. You are responsible for ensuring that the Service Partner and his/her staff have the necessary access to your premises to perform the job. This includes making the necessary arrangements with security companies or security personnel who provide access control to your premises.

8.2. Should the Service Partner be unable to gain access to your premises, you may be charged a penalty fee for each hour (or part thereof) which they could not gain access. The penalty fee shall be calculated at R100 per hour per Service Partner employee.

8.3. The Service Partner details will be provided to you at the time of scheduling the Quotation appointment and again at the time of scheduling the Job. These details shall include the name of the Service Partner, the designated vehicle details and all approved members of the Service Partner’s employees.

8.4. It is your responsibility to ensure that access is granted only to the approved Service Partner and their approved staff as listed on the abovementioned communication.

8.5 In the event an unapproved person seeks access to your property, we require you to deny access and immediately notify us.

8.6 In order to perform the Job, the Service Partner requires clear, unrestricted access to the area in which the Job will be undertaken. You agree to ensure that clear access is provided throughout the period of the Job. This includes ensuring any animals are removed from the area where the Service Partner and their team will require access to during the Job.8.7 You shall also clear the site of any obstructions including fixtures, furniture and any other items which may obstruct the site and hinder the Service Partners’ ability to perform the Job.

8.8 You agree to refrain from asking the Service Partners employees to move any fixtures and furnishings and should you fail to do so, neither The Installation Company nor the Service Partner and their employees may be held responsible for any damages caused.

8.9 The nature of the Job may cause a mess and dust. You agree to take reasonable precautions to protect your property from damage and dirt while the Service Partner is on site.

8.10 You agree to provide ablution facilities to the Service Partner and their staff while they perform the Job.

8.11 You agree to provide all reasonable access to the Service Partners to use electricity and water or other utilities as may be agreed to, free of charge for the duration of the Job.

9 Non circumvention

9.1 You agree that you shall not make an attempt to engage directly with a Service Partner or any of their employees for the purpose of offering employment or doing work for you either directly or indirectly.

9.2 Furthermore, you shall not request the contact details of the Service Partner and any of their employees and shall direct all communications to The Installation Company unless the Service Partner is on-site.

9.3 In the event that it is later discovered that The Installation Company and/or the Service Partner has been circumvented in the job booked via the platform or any other future job not booked via the platform, The Installation Company shall be entitled to claim an amount of 30% of any payments made for such work.

10 Liability

10.1 The Installation Company shall, under no circumstances be held liable for any damages, losses or loss of income caused by the Service Partner or the Client whatsoever.

10.2 The Installation Company shall assist the Client or Service Partner in resolving a matter of dispute in good faith should one arise. You agree that such assistance shall not imply liability either jointly or separately.

10.3 The Installation Company requires its Service Partners to have third party liability, public liability and professional indemnity insurance cover. Reasonable steps shall be taken to ensure this cover is in place when the Service Partner is added to the panel and once a year thereafter. Such insurance does not however cover poor workmanship

10.4 Should the Service Partner insurance policy lapse, The Installation Company shall not be held responsible for any losses or damages which are not recoverable from the Service Partners Insurance Company.

10.5 Any claims against The Installation Company or its Service Partners shall be limited to the aggregate amount of payments made exclusively for the work against which the claim is made.

11. Extraordinary Events or Circumstances

11.1 For these terms and conditions of use, the expression “force majeure” will mean and include a power failure, fire, flood, strike, national calamity or riot, act of God (including flooding, earthquake, epidemics and other natural disasters), or any cause or event arising out of or attributable to war, which prevents The Installation Company, or the designated Service Partner from fulfilling their obligations to you.

11.2 If by reason of any event of force majeure, the Service Partner is delayed or prevented from fulfilling their obligations then such delay or non-performance will not be deemed to be a breach of this agreement and you cannot claim any loss or damage by reason of delay or non-performance.

12. Warranties

12.1 The Installation Company shall use reasonable care and skill when providing co-ordination services between Service Partners and Clients. We will also make reasonable efforts to ensure the communication, arrangements, payments and the Job are delivered in a professional and timely manner.

12.2 We have agreements with all listed Service Partners and impose on them the requirement to act with similar care and skill when performing work on your premises

12.3 You warrant that you are the legal owner of the premises at which the job will be performed or have the consent from such owner.

12.4 In the event that Service Partners make use of materials or parts provided by you, you warrant that such materials and parts are of sufficiently high quality so that it does not affect the standard of work provided by the Service Partner.

12.5 In the event such materials are found to be of inadequate or inferior quality, you shall not hold The Installation Company or its Service Providers liable for any losses or damages.

12.6 You further warrant that any claims against the supplier of such materials and parts shall be directed exclusively to the supplier thereof and you indemnify the Service Partner and The Installation Company from any claim related thereto.

13. Dispute resolution

13.1 You agree to the below dispute resolution process. Should the resolution process fail to provide you the relief you seek, you will be entitled to lodge a complaint at the Consumer Goods Council of South Africa.

13.2 In the event that you have a dispute with the quality of work provided by any of the Service Partners booked through The Installation Company, please notify us within 7 days via email at info@installco.co.za

13.3 Provide as much information in your email as possible and include photographs of the problem areas.

13.4 We shall assess the dispute within 5 working days from the date of being notified of the dispute and may call you should we need to obtain additional information.

13.5 After our initial assessment, we shall make a decision to either request the Service Partner to attend to the issue or, make arrangements for one of our alternative Service Partners or panel experts to assess the matter. In each case, we shall use all reasonable measures to contact you and arrange a mutually acceptable time with yourself and the Service Partner.  It is understood that the decision of The Installation Company is final and binding on you.

13.6 In the event that the matter can be resolved by the Service Partner and it is deemed to be a fault at installation, there will be no charge for the call out or labour in resolving the matter.

13.7 In the event that the matter was as a result of an event that took place after the installation, the Service Partner will advise you of his findings and will create a subsequent invoice for any amounts to be charged.

13.8 In the event that you do not agree with the additional charge, we will attempt to resolve the dispute and to the satisfaction of all Parties.

13.9 Should a resolution not be possible we shall refer the matter to our panel of experts to make an arbitration ruling.

13.10 Our panel of experts shall be made up of 3 (three) people who have no less than 10 years’ experience in the discipline in which a decision is required. The appointment of the panel of experts shall be made at the sole and absolute discretion of The Installation Company and shall be independent of the Service Partner/s involved in the dispute.

13.11 The experts shall be required to submit a written report and make a determination on the balance of probabilities.

13.12 The ruling of the arbitrating panel of experts is final and binding on the Parties. You agree to be bound by this decision.

13.13 For product claims, please refer these to the supplier of those products.

13.14 Should you require assistance from The Installation Company in submitting your claim successfully, please contact us on info@installco.co.za

14. Damages

14.1 The conditions of each Service Partner agreement with The Installation Company is that they shall have paid up insurance covering Contractors All Risks to the value of R250 000 and public liability insurance to the value of R1 000 000 (one million Rand) or more.

14.2 Insurance cover does not extend to poor workmanship. The Installation Company provides limited cover to Clients not exceeding R10 000 per Client, per year should it be determined that a Service Partners poor workmanship resulted in damages or losses.

14.3 Any claims for compensation must be made directly against the Service Partner and their Insurer. We shall however assist you in processing a claim.

14.4 You acknowledge that The Installation Company and its Service Partners’ ability to perform the Job is dependent on a number of external factors beyond the control of either Parties. As such, provided The Installation Company and its Service Partners use reasonable efforts to perform such Job within a reasonable period of time, it will not be legally responsible (liable) to you (or to anyone else) for any late delivery or non-performance.

14.5 We shall not be liable for damages resulting from the use (or the inability to use) The Installation Company Platform, including damages resulting from failure or delay in delivery of electronic communication.

14.6 The Installation Company shall not be held liable for any damage, loss of income, death or injury caused as a result of the work performed under this agreement at any time during the work or after the work is completed.

14.7 No provision of these Terms of Use (or any contract governed by these Terms of Use):

• 14.7.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or willful default or that of any other person acting for or controlled by us, or liability for death or personal injury) to the extent that the law does not allow such a limitation or exemption;
• 14.7.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
• 14.7.3 limits or excludes any warranties or obligations which are implied into these Terms of Use (or any contract governed by these Terms of Use) by the Consumer Protection Act, 2008 (“Consumer Protection Act”) (to the extent applicable) or which we give under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.

15. Assignment and Successors

15.1 These Terms of Use shall inure to the benefit of and be binding upon each party’s successors and assigns.

15.2 These Terms of Use, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

16. Jurisdiction and miscellaneous rights

16.1 Unless the context provides otherwise or it is expressly stated to the contrary, these Terms of Use and the relationship between us shall be governed by the laws of the Republic of South Africa.

16.2 You and we agree to submit to the personal and exclusive jurisdiction of the Magistrate’s courts located in Johannesburg.

16.3 Our failure to exercise or enforce any right or provision of these terms of conditions of use shall not constitute a waiver of such right or provision.

16.4 If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.

16.5 The termination of any further contract created by these terms and conditions of use will be without prejudice to any other rights or remedies that you or we may be entitled to under the agreement or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms of Use which is expressly or by implication intended to come into or continue in force on or after such termination.

16.6 If these terms and conditions of use (or any further contract governed by the terms of these Terms of Use) or the Job provided and/or made available on the Platform are regulated by or subject to the Consumer Protection Act, it is not intended that any provision of the Terms of Use contravenes any provision of the Consumer Protection Act. Therefore all provisions of the Terms of Use must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.

16.7 You consent to the jurisdiction of the Magistrates’ Court in terms of section 45 of the Magistrates’ Court Act, 1944 in respect of all proceedings connected with the Delivery Services, even if the amount claimed or the value of the goods in dispute exceed the jurisdiction of the Magistrates’ Court.