This document constitutes a legally binding agreement (“Agreement”) between you (either an individual or an entity, referred to here as “you” or “your”) and FixoMate Pty Ltd (“FixoMate,” “we,” “us,” or “our”), an Australian subsidiary of Luminous Rays Inc. (“LRI”), a US-based holding company that retains ownership of certain intellectual property rights for the FixoMate platform.
By accessing, using, or receiving FixoMate’s services (the “Services”), you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree with our terms, you should not use our Services.
This agreement serves to:
By using our Services, you acknowledge that you have read, understood, and agree to be bound by this agreement, including any future amendments and additions to this agreement as published from time to time at https://FixoMate.com
The specific services provided under this agreement are detailed in the subsequent sections.
As part of this agreement, you agree to adhere to the Non-Disclosure Agreement (NDA) provisions that protect both parties' confidential information from unauthorized use or disclosure.
You expressly consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy, as necessary for the provision of the Services detailed in this agreement.
For any questions or concerns regarding this agreement or the Services, please contact us at:
FixoMate Pty Ltd.
526/368 Sussex St, Sydney NSW 2000
Contact@FixoMate.com
800.888.8888
In this Agreement, unless the context otherwise requires:
1.1 "Agreement" refers to this Service Agreement, including all subsequent amendments, exhibits, annexes, and schedules which form an integral part of the agreement.
1.2 "Company" refers to FixoMate Pty Ltd, an Australian subsidiary, and includes its successors and assigns.
1.3 "User" refers to any individual or entity who accesses or uses the Website and/or application and has agreed to the terms of this Agreement by doing so.
1.4 "Services" refers to any and all services provided by the Company as described in Section 2 of this Agreement and accessed or used by the User.
1.5 "Confidential Information" includes, but is not limited to, any data, documents, software, information, or other materials that are reasonably considered confidential regarding the business, operations, or properties of either party, regardless of whether such information is in written, oral, electronic, or other form.
1.6 "Personal Data" means any information relating to an identified or identifiable natural person as defined by applicable data protection legislation.
1.7 "Intellectual Property" refers to all intellectual properties owned by, licensed to, or created by the parties during the execution of the Services, including but not limited to copyrights, trademarks, patents, trade secrets, and know-how.
1.8 "Term" refers to the duration of this Agreement as specified in Section 8.
1.9 "Termination" refers to the conditions and processes through which either party may cease continuation of this Agreement as detailed in Section 8.
1.10 "Dispute Resolution" refers to the processes and procedures set forth in Section 9 for resolving conflicts arising from or related to this Agreement.
1.11 "Force Majeure" refers to events beyond the reasonable control of either party, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
(a) Headings are for convenience only and do not affect the interpretation of this Agreement.
(b) Singular and Plural words shall be deemed to be interchangeable where appropriate.
(c) References to Sections are to sections of this Agreement unless otherwise specified.
(d) Statutory References include modifications, re-enactments, or legislative changes.
(e) Writing includes electronic communications.
FixoMate Pty Ltd. agrees to provide user's with access to a wide range of on-demand services (the "Services") through its digital platform, in accordance with the terms and conditions set forth in this Agreement.
The Services offered on the FixoMate platform fall under the following service categories, with specific services included under each category:
1. Accounting & Financial Services
2. AC & Heating Services
3. Administrative & Virtual Assistance Services
4. Alterations & Tailoring Services
5. Antenna & Satellite Installation Services
6. Appliance Repair & Installation Services
7. Arborist & Tree Services
8. Architectural & Design Services
9. Assembly & Installation Services
10. Audio-Visual & Media Production Services
11. Auto Electrical & Car Repair Services
12. Baby & Childcare Services
13. Baking & Catering Services
14. Balloon & Gift Delivery Services
15. Balustrades & Staircase Services
16. Barber & Personal Grooming Services
17. Bathroom Remodeling & Plumbing Services
18. Bicycle Repair & Assembly Services
19. Blind & Curtain Installation Services
20. Bricklaying & Masonry Services
21. Building & Construction Services
22. Business & Corporate Services
23. Car Body Work & Detailing Services
24. Car Inspection & Pre-Purchase Services
25. Carpentry & Woodworking Services
26. Carpet Cleaning & Flooring Services
27. Cat & Pet Care Services
28. Ceiling Repair & Installation Services
29. Coaching & Mentorship Services
30. Computer & IT Support Services
31. Concrete & Paving Services
32. Cooking & Meal Preparation Services
33. Counseling & Therapy Services
34. Courier & Delivery Services
35. Damp Proofing & Waterproofing Services
36. Dance & Music Learning Services
37. Decking & Outdoor Renovation Services
38. Demolition & Excavation Services
39. Designing & Creative Services
40. Dog Training & Pet Grooming Services
41. Driving & Transport Services
42. Electrical & Wiring Services
43. Entertainment & Event Services
44. Excavation & Earthmoving Services
45. Fencing & Gate Installation Services
46. Fitness & Personal Training Services
47. Florist & Plant Services
48. Furniture Assembly & Repair Services
49. Gardening & Lawn Maintenance Services
50. Gas Fitting & Plumbing Services
51. Glass & Window Repair Services
52. Gutter Cleaning & Roofing Services
53. Hair Styling & Beauty Services
54. Handyman & General Repair Services
55. Health & Wellness Services
56. Home & Office Cleaning Services
57. Home Automation & Security Services
58. Home Theater & Sound System Installation Services
59. HVAC & Ventilation Services
60. Interior Designing & Home Staging Services
61. Irrigation & Sprinkler System Services
62. Junk Removal & Waste Disposal Services
63. Kitchen Remodeling & Appliance Installation Services
64. Landscaping & Outdoor Services
65. Laundry & Dry Cleaning Services
66. Legal & Compliance Services
67. Locksmith & Key Cutting Services
68. Marketing & Digital Advertising Services
69. Mobile Mechanic & Auto Repair Services
70. Motorcycle & Bike Repair Services
71. Mounting & Installation Services (TVs, Shelves, Mirrors, etc.)
72. Moving & Relocation Services
73. Office Assistance & Administrative Services
74. Painting & Decorating Services
75. Patios, Pergolas, and Outdoor Structures
76. Personal Assistant & Concierge Services
77. Pest Control & Extermination Services
78. Photography & Videography Services
79. Plastering & Rendering Services
80. Plumbing & Pipe Repair Services
81. Pool Cleaning & Maintenance Services
82. Real Estate & Property Services
83. Retaining Walls & Hardscaping Services
84. Roller Shutters & Security Doors
85. Scaffolding & Temporary Structure Services
86. Siding & Exterior Finishing Services
87. Staffing & Recruitment Services
88. Storage & Logistics Services
89. Surveying & Building Inspections
90. Swimming & Lifeguard Services
91. Tattoo & Piercing Services
92. Tiling & Flooring Services
93. Translation & Language Services
94. Tree Removal & Arborist Services
95. Tutoring & Educational Services
96. Underpinning & Foundation Services
97. Web Development & Software Services
98. Wedding & Event Planning Services
99. Wheel & Tire Services
100. Windows & Doors Installation & Repair Services
A detailed list of all services offered under each category is available in the FixoMate Service Directory, which is incorporated by reference into this Agreement and can be accessed via www.FixoMate.com
(a) FixoMate Pty Ltd. reserves the right to modify, add, or discontinue any Services listed in Section 2.1 as necessary to comply with regulatory requirements, improve service quality, or enhance user experience.
(b) Any substantial changes to the scope of Services shall be communicated in advance, and adjustments to pricing, fees, or terms may be made upon mutual agreement.
(a) Any services requested by the User that are not explicitly covered in Section 2.1 shall be considered Additional Services and may require a separate agreement or an amendment to this Agreement.
(b) FixoMate reserves the right to determine whether a requested service falls within an existing category or constitutes an Additional Service requiring separate terms.
To facilitate the provision of the Services, the User agrees to:
(a) Provide accurate and up-to-date information when requesting services.
(b) Cooperate with FixoMate Pty Ltd. and Service Providers in all matters relating to service fulfillment.
(c) Adhere to reasonable operational requirements, including providing necessary access, permissions, or approvals for the successful completion of services.
(a) FixoMate Pty Ltd. commits to delivering Services to a professional standard and ensuring Service Providers meet agreed-upon expectations.
(b) Where applicable, specific Service Level Agreements (SLAs) outlining response times, quality metrics, and dispute resolution processes will be included as an annex or referenced in service-specific agreements.
The User agrees to comply with all terms and conditions of this Agreement, including all schedules and appendices attached hereto and any other legal notices published by FixoMate Pty Ltd. on the Website. This compliance will extend to any updates or modifications to terms or policies communicated during the term of this Agreement.
The User shall provide accurate, current, and complete information as may be necessary for FixoMate Pty Ltd. to perform the Services ("User Data"). The User agrees to update such information promptly to keep it accurate, current, and complete. Failure to maintain accurate information may result in delays or failures in the provision of Services, for which FixoMate Pty Ltd. shall not be liable.
(a) Account Security: The User is responsible for maintaining the confidentiality of any account information, user names, access permissions, and passwords that are assigned, chosen, or used in relation to the Services. The User agrees to notify FixoMate Pty Ltd. immediately of any unauthorized use of their account or any other breach of security.
(b) Data Security: The User agrees to implement appropriate security measures to protect the integrity and confidentiality of User Data, including measures to prevent malware infections, unauthorized data access, data breaches, and other cyber threats.
The User shall use the Services only for lawful purposes and in accordance with applicable law. This includes compliance with all applicable local, state, national, and international laws and regulations regarding data protection, copyright, export control, and the use of communications services and equipment.
The User agrees to cooperate fully with FixoMate Pty Ltd. in any investigations, inquiries, audits, or troubleshooting related to the Services. This includes granting access to any documents, administration tools, or other materials deemed necessary by FixoMate Pty Ltd. to provide support or ensure compliance with this Agreement.
The User shall not:
(a) Initial Fee at the Time-of-Service Request Creation
1. For service requests with a total cost of less than $200, the customer will be charged an initial non-refundable fee of $50 at the time of creating the service request.
2. For service requests with a total cost of $200 or more, the customer will be charged an initial non-refundable fee of 25% of the total service cost at the time of creating the service request.
(b) Service Fees
1. FixoMate charges a non-refundable service fee for using the platform, which is included in the total service cost.
2. FixoMate will also collect and remit any applicable taxes in addition to service fees, as required by law.
3. Credit card transaction fees are charged by the external payment processing company and will be applied to all transactions.
(a) Service Cost Adjustments
(b) Cancellation Policy
1. If a Customer cancels the service request after paying the initial fee:
2. If the Service Provider cancels the service request, the Customer will receive a full refund of the initial fee.
(a) Completion of Service Payment
(b) Payment Processing & Fund Availability
(a) By using the FixoMate platform to request services, the Customer agrees to pay for all services provided through the platform.
(b) By accepting a service request, the Service Provider agrees to complete the service and acknowledges the terms of payment disbursement.
For the purposes of this Agreement, "Confidential Information" includes, but is not limited to, any and all information exchanged between the parties, whether in writing, orally, or electronically, that the disclosing party has marked or identified as confidential or proprietary. This includes information related to business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by each party. However, Confidential Information does not include any information that:
(a) Protection of Confidential Information: Each party agrees to take reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure, or use of any such Confidential Information, other than (i) by or to its employees, agents, and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such information as provided herein, and (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in this Agreement, provided that, if legally permitted, the receiving party gives the disclosing party prompt notice of such requirement prior to such disclosure and assists in obtaining an order protecting the information from public disclosure.
(b) Use of Confidential Information: The receiving party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) to:
The confidentiality obligations set forth in this section shall remain in effect for the duration of this Agreement and shall survive any termination or expiration of this Agreement for a period of three (3) years thereafter.
(a) Adherence to Laws: FixoMate Pty Ltd. is committed to protecting the privacy and security of all personal data collected from User's. We comply with all applicable data protection laws in the jurisdictions in which we operate.
(b) Data Controller and Processor: Depending on the context in which personal data is processed, FixoMate Pty Ltd. may act either as a data controller or processor. We will maintain clear records of processing activities for which we are responsible and ensure transparency with our user's.
(a) Data Collection: We collect personal data necessary to provide our Services, which may include name, contact details, and transactional information. The specific types of data collected will be detailed in our Privacy Policy.
(b) Purpose of Processing: Personal data collected is used to provide and improve our Services, process transactions, respond to inquiries, and for administrative purposes as detailed in our Privacy Policy.
(c) Consent: Where necessary, we will obtain explicit consent from user's before collecting or using their personal data for purposes other than those outlined in this Agreement or our Privacy Policy.
(a) Security Measures: We implement appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing, accidental loss, destruction, or damage.
(b) Data Breach Notification: In the event of a data breach that is likely to result in a risk to the rights and freedoms of individuals, we will notify the appropriate data protection authorities and affected individuals in accordance with applicable legal requirements.
(a) Access and Correction: User's have the right to access their personal data held by us and to request correction or deletion if it is inaccurate or has been processed in violation of privacy laws.
(b) Withdrawal of Consent: User's may withdraw consent at any time where consent is the basis of processing. Withdrawing consent will not affect the lawfulness of processing based on consent before its withdrawal.
(c) Data Portability: User's have the right to receive their personal data in a structured, commonly used, and machine-readable format and to transmit those data to another controller.
We will not share, sell, rent, or trade User's personal information with third parties for their commercial purposes without explicit consent, except as part of a specific program or feature for which User's will have the ability to opt-in or opt-out.
(a) Company Intellectual Property: All intellectual property rights in the Services, including but not limited to software, documentation, graphic designs, and other materials produced or provided by Luminous Rays Inc., a holding company of FixoMate Pty. Ltd. under this Agreement, remain the sole property of Luminous Rays Inc. This includes any enhancements, modifications, or derivatives of such intellectual property created during the term of this Agreement.
(b) User-Generated Content: Intellectual property rights in any materials, data, or content produced by the User as part of the use of the Services ("User-Generated Content") remain the property of the User, subject to the rights granted to FixoMate Pty Ltd. to operate and maintain the Services.
FixoMate Pty Ltd. grants to the User a non-exclusive, non-transferable, limited license to use the intellectual property provided as part of the Services solely for the User's personal use or business operations. This license does not include the right to use FixoMate Pty Ltd.’s intellectual property for resale or to create derivative works, unless explicitly agreed in writing.
(a) Use of User-Generated Content: The User grants FixoMate Pty Ltd. a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any User-Generated Content in any existing or future media as necessary to provide the Services to the User and to improve the Services.
(b) Feedback and Suggestions: Any feedback, suggestions, ideas, or improvements offered by the User regarding the Services become the exclusive property of FixoMate Pty Ltd., and the User agrees that FixoMate Pty Ltd. may use and share such feedback for any purpose without compensation to the User.
(a) Prevention of Infringement: The User agrees not to copy, modify, distribute, sell, or lease any part of the Services, nor may the User reverse engineer or attempt to extract the source code of the software, except as laws may allow or with written consent from FixoMate Pty Ltd.
(b) Notification of Infringement: The User shall notify FixoMate Pty Ltd. immediately of any unauthorized use of FixoMate Pty Ltd.’s intellectual property or any other breach of intellectual property rights that the User becomes aware of.
In the event of a dispute concerning the ownership or right to use intellectual property, the parties agree to seek resolution through the dispute resolution processes outlined in Section 9 of this Agreement.
(a) Effective Date: This Agreement shall commence on the Effective Date as stated at the beginning of this Agreement and shall continue in effect until terminated by either party in accordance with the provisions of this section.
(b) Renewal: Unless otherwise specified, this Agreement will automatically renew for successive [one-year] periods, unless either party provides written notice of non-renewal at least [30] days before the end of the current term.
(a) By User: The User may terminate this Agreement at any time by providing [30] days written notice to FixoMate Pty Ltd.
(b) By FixoMate Pty Ltd.: FixoMate Pty Ltd. may terminate this Agreement at any time with [30] days written notice to the User for any reason.
(a) Immediate Right of Termination: Either party may terminate this Agreement immediately upon written notice if:
(b) Obligations on Termination: Upon termination for cause, all rights and obligations of both parties, including any license rights to use the Services, cease immediately, except for those obligations that by their nature are intended to survive termination (e.g., confidentiality, dispute resolution).
(a) Return of Materials: Upon termination, the User shall return or destroy all proprietary materials, documentation, and software obtained from FixoMate Pty Ltd, and certify to FixoMate Pty Ltd. that all copies have been returned or destroyed.
(b) Settlement of Account: Any outstanding fees owed by the User to FixoMate Pty Ltd. for services rendered up to the effective date of termination must be paid in full within [30] days of the termination date.
(c) Retention of User Data: Following termination, FixoMate Pty Ltd. will retain the User's data for a period of [specify period] for audit or regulatory compliance purposes, after which it will be securely deleted unless legally required to retain it longer.
Provisions of this Agreement that, by their nature, should survive termination of the Agreement will remain in effect after such termination. This includes provisions relating to confidentiality, payment of fees, indemnities, and limitations of liability.
(a) Negotiation: Before pursuing any formal dispute resolution proceedings, the parties agree to attempt to resolve any dispute arising out of or relating to this Agreement informally. Such informal negotiations commence upon written notice from one party to the other and should be conducted in good faith for no less than thirty (30) days.
(b) Escalation: If the parties are unable to resolve the dispute through direct negotiations, they agree to escalate the issue to senior management within their respective organizations, who will engage in further negotiations for an additional thirty (30) days before any formal legal proceedings are initiated.
If the dispute cannot be resolved through informal negotiation and escalation, the parties agree to submit the dispute to non-binding mediation, to be conducted by an independent professional mediator agreed upon by both parties. The costs of the mediation will be shared equally between the parties, unless otherwise agreed in writing during the mediation process.
(a) Mandatory Arbitration: Should mediation fail to resolve the dispute, the parties agree that any unresolved disputes or claims arising out of or in connection with this Agreement, including disputes relating to its validity, interpretation, breach, or termination, shall be finally settled by binding arbitration under the [specify the arbitration institution, e.g., American Arbitration Association (AAA)] rules, which are deemed to be incorporated by reference into this clause.
(b) Arbitration Process: The arbitration shall be conducted by a single arbitrator, selected in accordance with the rules of the specified arbitration institution. The language of the arbitration shall be English, and the location of the arbitration shall be [specify location].
(c) Decision Binding: The decision of the arbitrator shall be final and binding upon both parties, and any award or decision rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding the above, each party retains the right to seek injunctive or other equitable relief from any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademark rights, or other intellectual property rights.
The prevailing party in any arbitration or legal proceedings shall be entitled to recover its attorneys' fees and other costs involved in the action, in addition to any other relief granted.
This Agreement, along with any appendices, schedules, and other attachments, constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior agreements and understandings, both written and oral, between the parties regarding the subject matter herein.
This Agreement may only be amended or modified by a written document executed by authorized representatives of both parties. No other act, document, usage, or custom shall be deemed to amend or modify this Agreement.
The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. A waiver of any term or provision of this Agreement or any breach thereof, in any one instance, will not waive such term or provision or any subsequent breach thereof.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect, and the invalid, illegal, or unenforceable provision shall be amended to achieve as closely as possible the effect of the original term.
The User may not assign this Agreement or any rights or obligations herein without the prior written consent of FixoMate Pty Ltd., and any attempted assignment in violation of this provision shall be null and void. FixoMate Pty Ltd. may assign this Agreement, in whole or in part, at its discretion.
(a) Force Majeure
Neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including "line-noise" interference), natural disasters, acts of God, war, strikes, labor disputes, pandemics, government orders, or any other unforeseen events that prevent performance.
(b) Service Provider’s Liability & Indemnity Insurance
(c) Customer’s Responsibility for Property Damage
(d) Limitation of FixoMate’s Liability
FixoMate acts solely as a technology platform connecting Customers with Service Providers. FixoMate does not provide services directly, does not supervise or control Service Providers, and assumes no liability for damages, injuries, or losses resulting from services booked through the platform.
All notices under this Agreement will be in writing and will be deemed to have been duly given when received if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
This Agreement shall be governed by the laws of the New South Wales, Australia, without regard to its principles of conflicts of law.
This Agreement may be executed in counterparts, each of which shall be deemed an original, and which together shall constitute one and the same agreement.
The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.