Terms Of Service

HiiGuru Terms of Service

FIXED-PRICE SERVICES AGREEMENT BETWEEN CUSTOMER AND EXPERT

Disclaimer: HiiGuru is not a party to this agreement and is not liable for any terms or conditions agreed upon between the Customer and the Expert.

Parties:

This Fixed-Price Services Agreement ("Agreement") is made and entered by and between:

Customer, the individual or entity who purchases Fixed-Price Services through the HiiGuru Platform.
Expert, the individual or entity offering Fixed-Price Services on the HiiGuru Platform.

Background:

The Customer is a user of HiiGuru Ltd’s Platform who seeks to hire Experts for specific tasks or services related to home improvement and renovations.
The Expert is a professional in the field of home improvement and renovations who has agreed to provide Fixed-Price Services to the Customer.
The Customer and Expert wish to define their respective rights and obligations concerning the Fixed-Price Service as detailed on the HiiGuru Platform.
Prior to this agreement taking effect, the Expert’s offer to provide services is made by opting into offering Fixed-Price Services and making those services available for Booking on the HiiGuru Platform, including connecting their calendar to reflect available times. The Expert automatically accepts any Booking for Fixed-Price Services and times displayed as available on Gurus Page. Upon the Customer’s payment and acceptance of the Fixed-Price Services, a binding agreement is formed between the parties, confirmed by the Customer’s acknowledgment of the Fixed-Price Services Agreement by clicking the confirmation box on the Check-Out Page.
This agreement governs the relationship between the Customer and the Expert.

Agreed Terms:

The following definitions and rules of interpretation apply in this Agreement.
1. Definitions
  1. Applicable Data Protection Laws: means the Data Protection Act 2018, General Data Protection Regulation (EU) 2016/679 (“EU GDPR”), UK General Data Protection Regulation (has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.) (“UK GDPR”), or the equivalent legislation operating at the relevant time.
  2. Applicable Laws: all applicable laws, statutes, regulations and codes from time to time in force.
  3. Appointment: The scheduled meeting between the Expert and the Customer.
  4. Booking: the process of selecting the Expert and processing a specific time slot for a Fixed-Price Service offered by the Expert through the HiiGuru Platform.
  5. Business Day: a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
  6. Business Hours: the hours during which the Expert is available, which may include nights and weekends, based on their personal schedule and preferences, which can be viewed on their profile on the Platform.
  7. Check-Out Page: The final page on the Platform where the Customer reviews the selected Fixed-Price Service(s), confirms their purchase, and completes the payment process.
  8. Deliverables: The specific tasks, outputs, or outcomes that the Expert is required to produce and deliver to the Customer as specified in the Fixed-Price Service description. Deliverables are detailed in terms of scope, format, and deadlines as outlined on the Platform and agreed upon in the Order.
  9. Fixed-Price Service(s): specific task(s) or project(s) offered by Expert and purchased by Customer through the Platform, which are specifically described and detailed on the Service Page of the Platform following the Customer’s selection and payment.
  10. Guru Profile Page: profile page on the HiiGuru Platform showing details about the Expert, including their specialities, qualifications, introduction video, and real-time availability for bookings. Customers can review the Expert's expertise and schedule an appointment directly from this page based on the Expert’s available time slots.
  11. Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
  12. Order: A purchase made by the Customer through the Platform to buy a specific Fixed-Price Service(s) offered by the Expert. This request includes selecting the service, providing necessary details, and completing the payment process.
  13. Platform: “HiiGuru” the digital Platform accessible through https://www.hiiguru.com/, https://page.hiiguru.com/ and any other related subdomain and via mobile app, which is owned and operated by HiiGuru Ltd.
  14. Service Page: A section on the HiiGuru Platform where details about the Fixed-Price Services offered by the Expert are displayed, including the service description, pricing, timeframe and any relevant terms or conditions.
2. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
3. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
4. Unless expressly provided otherwise in this agreement, a reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time.
5. A reference to writing or written includes email.
Commencement and Duration
1. This agreement shall commence when the Order is placed by the Customer with the Customer's acceptance through electronic confirmation (clicking the acceptance box on the Check-Out Page when purchasing the Fixed-Price Services).
2. The agreement will remain in effect until either the Expert has completed and finalised the Fixed-Price Services or time frame stated on the Service Page for the purchased Fixed-Price Service expires, whichever occurs first.
3. If the Customer purchases additional Fixed-Price Services from the Expert who is a party to this agreement, this agreement shall remain in effect until those additional Fixed-Price Services have also been finalised by the Expert. The terms of this agreement shall apply to all such Fixed-Price Services unless otherwise specified.
HiiGuru Platform’s Role
1. The parties of this Agreement acknowledge and agree that HiiGuru facilitates the connection between the Customer and the Expert and provides details of the service scope, timelines, and deliverables on its Platform. HiiGuru is not a party to this Agreement and has no legal standing concerning it. Expert is neither employed by nor subcontracted through HiiGuru.
Scope of Work and Fees
1. The scope of work for Fixed-Price Services is detailed on the Service Page of the HiiGuru Platform when the Customer submits his Order through the Platform. This scope, including the tasks to be performed and the Deliverables to be provided by the Expert, becomes defined and agreed upon once the Customer selects and pays for the Fixed-Price Services.
2. The agreed fee for the Fixed-Price Services is displayed on the Service Page of the HiiGuru Platform and confirmed on the Check-Out Page once the Customer selects and pays for the Fixed-Price Services. This fixed fee covers the entire scope of work as described on the Service Page and includes any fees associated with HiiGuru's Platform. The Fixed-Price Services provided by the Expert are limited to the description and specifications outlined at the time of Order.
Expert’s Obligations
1. Upon making the Fixed-Price Services available on the Platform, the Expert agrees to perform the Fixed-Price Services in accordance with the scope of work and specifications outlined on the Service Page on the HiiGuru Platform. The Expert shall deliver the Fixed-Price Services with reasonable skill, care, and diligence, and in a professional manner consistent with industry standards.
2. The Expert shall:
  1. commence the Fixed-Price Services promptly after the Booking is made by the Customer.
  2. agree to complete the Fixed-Price Services within the timeframe specified on the HiiGuru Platform or, if no specific timeframe is stated, within a reasonable period, taking into account the nature of the Fixed-Price Services. (For Fixed-Price Services with a Deliverable, the Fixed-Price Service will begin with a video call unless the Fixed-Price Service is a one-off advice call, which constitutes the entire service.);
  3. examine the Session Prep Form (SPF) submitted by the Customer after a Booking is made. This form will contain relevant details and documents about the Customer’s project. The Expert is required to review this information carefully before the scheduled Appointment to ensure they are adequately prepared;
  4. maintain regular communication with the Customer throughout the provision of the Fixed-Price Services via HiiGuru Platform. This includes providing updates on progress, responding to any queries from the Customer, and addressing any issues or concerns in a timely manner;
  5. provide any revisions or modifications to the Fixed-Price Services as specified on the Service Page of the HiiGuru Platform. Revisions must be within the scope of work defined; any requests for revisions outside this scope may incur additional charges or require a new Fixed-Price Service purchase;
  6. comply with all Applicable Laws, regulations, and professional standards in the performance of the Fixed-Price Services. This includes obtaining any necessary permits or licenses required for the execution of the Fixed-Price Services.
  7. deliver the final Deliverables to meet the specifications outlined on the HiiGuru Platform and to ensure that the Fixed-Price Services are performed to the satisfaction of the Customer.
  8. promptly address and resolve any issues or disputes regarding the quality of the Fixed-Price Services;
  9. provide the Fixed-Price Services in accordance with the quality standards outlined in Clause 6;
  10. maintain in force, with a reputable insurance company, necessary professional indemnity and public liability insurance and provide a copy of the same where requested; and
  11. refrain from contacting the Customer through any personal, professional or private communication channels, including but not limited to personal phone numbers, business phone numbers, email addresses, and social media accounts. The Expert shall not share their business, personal, or private contact details with the Customer. All communication should be conducted through the Platform or other officially designated channels.
Quality Standards
1. The Expert agrees to adhere to the following quality standards when providing Fixed-Price Services:
  1. being punctual and on time to scheduled Appointments with Customer. The Expert acknowledges that repeated lateness or missed Appointments may result in penalties under the Platform's Three-Strikes Policy.
  2. delivering Fixed-Price Services within the time frames specified on the Platform's website or as agreed with the Customer. The Expert understands that timely delivery is crucial to maintaining Customer satisfaction.
  3. the Expert shall aim to respond to Customer inquiries and messages within 24 hours of receipt. In exceptional cases where a response within 24 hours is not feasible, the Expert shall respond within a maximum of 48 hours. For the avoidance of doubt, messages are deemed “received” at the time of transmission or if sent outside of Business Days, at 8 am the following Business Day.
Customer’s Obligations
1. The Customer agrees to cooperate fully with the Expert in the performance of the Fixed-Price Services. This includes providing any necessary information, documents, or materials required for the Expert to complete the Fixed-Price Services as described on the HiiGuru Platform.
2. The Customer also agrees to submit the Session Prep Form (SPF) promptly after making a Booking, which will include relevant details and files related to their project.
3. The Customer acknowledges that timely feedback is crucial for the completion of the Fixed-Price Services. If the Customer fails to provide feedback within the timeframe specified for revisions or the duration outlined for the Fixed-Price Services, the Expert may deem the service period to have ended, at their discretion. For example, if a Deliverable includes a schedule for providing an initial draft and allows a specific period for revisions, and the Customer only provides feedback after the revision period has ended, the Expert is not obligated to incorporate the late feedback, as the Fixed-Price Service timeframe has expired.
4. If the Fixed-Price Services require access to the Customer’s premises, the Customer shall provide the Expert with reasonable access to such premises at agreed-upon times. The Customer agrees to ensure that the premises are accessible and safe for the Expert to perform the Fixed-Price Services.
5. The Customer is responsible for addressing any safety concerns and ensuring compliance with relevant health and safety regulations.
6. If the Fixed-Price Services require in-person Appointments, the Customer agrees to attend such Appointment at the scheduled times and locations. The Customer shall provide any necessary support or assistance during these meetings to facilitate the completion of the Fixed-Price Services.
7. The Customer agrees to respect the Expert’s Business Hours and to avoid contacting the Expert outside of these hours, subject to the Expert’s availability. The available hours can be viewed on their profile page of the Platform. The Customer acknowledges that repeated interruptions outside of agreed working hours may impact the Expert’s ability to deliver the Fixed-Price Services on time.
8. The Customer agrees to make upfront payment for the Fixed-Price Services in accordance with the payment terms outlined on the HiiGuru Platform. The Customer acknowledges that Bookings and Appointments cannot be made until payment has been completed.
9. The Customer agrees to interact with the Expert in a respectful and professional manner. Any conduct that is disruptive, unprofessional, or abusive may result in delays or termination of the Fixed-Price Services.
10. The Customer agrees not to contact the Expert through any personal, professional or private communication channels, including but not limited to personal phone numbers, business phone numbers, email addresses, and social media accounts. The Customer shall also not request or obtain the Expert’s business, personal, or private contact details. All communication should be conducted through the Platform or other officially designated channels.
Payment and Release of Funds
1. Upon purchasing the Fixed-Price Services, the Customer’s payment is collected by HiiGuru Platform and held in a secure account until the completion of the Fixed-Price Services.
2. The Expert acknowledges that funds will be released to the Expert upon the Customer’s approval of the service completion or upon the expiration of the agreed timeframe, whichever occurs first. If the Customer does not approve or dispute the Fixed-Price Services within the specified timeframe, HiiGuru may release the funds to the Expert automatically.
Revisions
1. The number of revisions allowed is specified in the scopes of work on the Service Page on the Platform. Revisions must be within the scope of work defined. The Customer acknowledges and agrees that any requests outside this scope may incur additional charges or require a new Fixed-Price Service purchase.
Prohibitions under Fixed-Price Services
1. The Customer and Expert agree not to engage in direct communication or transactions related to the Fixed-Price Services outside the HiiGuru Platform, except as explicitly permitted by HiiGuru. All communication regarding the Fixed-Price Services must be conducted through the HiiGuru Platform to ensure proper tracking and support.
2. The Customer and Expert shall not alter, modify, or extend the scope of the Fixed-Price Services as outlined on the HiiGuru Platform without mutual agreement and proper documentation through the Platform. Any changes must be processed and recorded through the HiiGuru Platform.
3. The Customer and Expert agree not to engage in activities that may create a conflict of interest, including but not limited to, soliciting or offering to engage in services outside the scope of the Fixed-Price Services as defined on the HiiGuru Platform.
4. If the Customer or Expert wishes to engage in a custom service agreement beyond the Fixed-Price Services, the Customer can complete the engagement through the HiiGuru Platform. Any such agreements must be documented and processed through HiiGuru Platform to ensure compliance with Platform policies and proper management.
5. The Customer and Expert agree not to engage in any form of harassment, abuse, or disruptive behaviour towards each other or any third parties. Such behaviour is prohibited and may result in the suspension or termination of accounts on the HiiGuru Platform.
6. Both parties agree to comply with all terms, conditions, and policies set forth by HiiGuru Ltd, as outlined on the Platform. Non-compliance with these policies may result in penalties, including suspension or termination of access to the Platform.
Project Completion
1. The final Deliverable should meet the reasonable specifications outlined on the Service Page. The Customer must review and approve the deliverable within the agreed timeframe through the Platform. Approval will trigger the release of payment to the Expert.
2. If the Customer does not approve or dispute the Deliverable within the specified period, the Fixed-Price Services will be deemed complete, and funds will be released to the Expert.
Limitation of Liability
1. The Expert acknowledges and agrees that he/she is responsible directly to the Customer for any Fixed-Price Service he provides. The Expert accepts exclusive and sole liability for all Fixed-Price Services provided under this agreement.
2. The Expert is required to obtain professional indemnity insurance as well as public liability insurance to protect themselves against potential liabilities arising from the provision of Fixed-Price Services throughout the term of this agreement. By agreeing to provide Fixed-Price Services through the HiiGuru Platform under a Framework Services Agreement, the Expert confirms possession of a valid professional indemnity insurance and public liability policy. Upon request by the Customer, the Expert shall provide proof of insurance and relevant policy details.
3. References to liability in this clause 12 (Limitation of liability) apply to every liability arising under or in connection with this agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
4. Nothing in this agreement limits any liability which cannot legally be limited, including but not limited to liability for:
  1. death or personal injury caused by negligence;
  2. fraud or fraudulent misrepresentation; or
  3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) any other liability which cannot be limited or excluded by Applicable Laws.
5. Subject to clauses 12.3 and 12.4, the Expert excludes specified types of loss, which are as follows:
  1. Loss of profits;
  2. Loss of anticipated savings;
  3. Loss of damage to goodwill;
  4. Future loss;
  5. Incidental loss;
  6. Indirect or consequential loss;
  7. Wasted expenditure.
Intellectual Property Rights
1. The Expert retains ownership of all Intellectual Property Rights, associated with the creation of the Deliverables, including but not limited to methods, processes, techniques, and tools used during the provision of Fixed-Price Services. This includes all original elements, concepts, and content developed or utilised in the creation of the Deliverable.
2. Upon full payment for the Fixed-Price Services, the Customer is granted the right to use the Deliverables solely for personal or non-commercial purposes.
3. The Expert and Customer acknowledge and agree that all Intellectual Property Rights relating to communication, including but not limited to video recordings, communication transcripts, and any content created or exchanged during the provision of the Fixed-Price Services, including interactions with each other, shall be the exclusive property of the HiiGuru Ltd. The Expert and Customer agree to these terms as specified in the Terms of Use on the Platform. (For more information, please visit the Terms of Use at https://www.page.hiiguru.com/terms-of-use)
4. The Customer’s use of the Deliverables for commercial purposes, including any need for licenses or permissions for the removal of HiiGuru logos or watermarks, is subject to terms outlined in the Terms of Use. Any use of the Deliverables for commercial purposes requires additional terms and may involve further agreements or licensing fees with HiiGuru Ltd.
5. The Expert is not liable for any issues arising from the Customer’s modification or misuse of the Deliverables, particularly in relation to commercial purposes.
6. This clause is subject to the Terms of Use and may change in accordance with updates to the Terms of Use at https://www.page.hiiguru.com/terms-of-use. In the event of any conflict between the provisions of this clause and the Terms of Use, the Terms of Use shall prevail. Both parties agree to adhere to the Terms of Use as they may be amended from time to time.
Data Protection
1. The parties shall comply with the data protection obligations as more particularly set out in the Applicable Data Protection Laws that apply to that party.
Termination
1. The Customer may terminate this agreement at any time by providing written notice to the Expert through the HiiGuru Platform, subject to any applicable refund policies or payment obligations as outlined in the terms of the Fixed-Price Services. In the event of termination, the Customer will be responsible for payment for any work completed by the Expert up to the date of termination. However, before termination is finalised, both parties must first attempt to resolve any issues through the dispute resolution process outlined in Terms of Use on the Platform at https://www.page.hiiguru.com/terms-of-use.
2. The Expert may terminate this agreement by providing written notice to the Customer through the HiiGuru Platform if the Customer fails to cooperate, provide necessary information, or otherwise hinders the Expert’s ability to perform the Fixed-Price Services. In such cases, the Expert may retain payment for work completed up to the date of termination.
3. Either party may terminate this agreement immediately by providing notice through the HiiGuru Platform in the event of a material breach of this agreement by the other party, including failure to meet agreed deadlines, or violation of any obligations. If a breach is remediable, the non-breaching party must provide an opportunity to remedy the breach within a reasonable time.
4. Both parties agree that HiiGuru Ltd reserves the right to terminate this agreement on behalf of either party if it determines that either the Customer or Expert has violated Platform policies, Applicable Laws, or the terms of this agreement. HiiGuru Ltd may take such action at its sole discretion and may withhold payment or refunds as deemed appropriate.
Obligation on Termination and Survival
1. Upon termination of this agreement for any reason:
  1. The Expert shall cease any work on the Fixed-Price Services and deliver any completed or partially completed work to the Customer, unless otherwise agreed; and
  2. The Customer shall pay for any Fixed-Price Services rendered up to the date of termination, in accordance with the agreed terms;
2. On termination or expiry of this agreement, the following clauses shall continue in force: clause 1 (Interpretation), clause 13 (Intellectual Property Rights), clause 14 (Data Protection), clause 12 (Limitation of Liability), clause 16 (Obligation on Termination and Survival), clause 20 (Waiver), clause 21 (Severance), clause 22 (Governing Law and Jurisdiction)
Notice
1. Any notice required or permitted under this agreement shall be made through the HiiGuru Platform. Both the Customer and Expert agree that all official communications, including notices of updates, revisions, or disputes, shall be transmitted via the messaging system or notification features within the Platform.
2. A notice sent through the Platform’s messaging system will be deemed received at the time of transmission or, if sent outside of Business Hours, at 9 am the next Business Day.
Assignment
1. The parties shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under this agreement.
Variation
1. No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Waiver
1. A waiver of any right or remedy under this agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
2. A failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.
Severance
1. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
2. If any provision or part-provision of this agreement is deemed deleted under 22.1 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
Entire Agreement
1. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
3. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
Governing Law and Jurisdiction
1. This agreement shall be governed by and construed in accordance with the laws of England and Wales.
2. Any disputes arising out of or in connection with this agreement shall be submitted to the exclusive jurisdiction of the courts of England and Wales.