1. Service:

The Service Monkey (Pty) Ltd (otherwise referred to as “Service Monkey”, “our”, “us” or “we”) in accordance with the Terms and Conditions (otherwise referred to the “Agreement”) shall provide to the users and visitors of our Website the service providers (otherwise known as “subscribers”) Business Listings.

The Business Listing shall contain the following information about the subscriber:

  1. full name and slogan;
  2. contact details including telephone number;
  3. link to the subscribers official URL; and
  4. a link to the subscribers email address.

Business Listing on our Website is a subscription based product that has been developed to aid users by recommending services for home maintenance and improvement at their fingertips. Services and users reviews are provided for the likes of electricians, plumbers, pavers, interior designers, home maintenance and many other home improvement services.

Our Website assists subscriber’s direct marketing access to consumers as well as facilitates market presence of the subscriber. This is done by word of mouth in terms of user reviews posted on our Website and accessing subscribers services and Websites directly from our Website. 

  1. Definitions:
  1. “Business Listing” Is defined as the advertisement placed on our Website for subscribers that contains the information outlined in clause 1(a) through 1(d).
  2. “Subscriber” or “You” means customers or contracting entity for a Business Listing on our Website together with subsidiaries listed in the Business Listing Form.
  3. “Business Listing Form” means the documentation completed by us and the subscriber in order to have a Business Listing.
  1. Business Listing:

We reserve, at our sole and absolute discretion and without any liability the right to remove, cancel or refuse to list any information or link which does not meet our required specifications. In accordance with this Agreement, the extent of our liability may only extend to the refund of the pro-rata portion of amounts paid for the unfulfilled term of the Agreement.

Information, content or links which do not meet our required specifications and which are found to be fraudulent or facilitate/host fraudulent activity or offensive content shall not receive any refund.

Subscribers warrant to us that at all material times:

  1. they have the corporate rights, powers and authority to enter into this Agreement and to publish the information and subject matter contained in the Business Listing;
  2. their performance as stated in the Agreement is not and shall not violate any other agreement to which the Subscriber is bound;
  3. there has been no copyright or intellectual property infringement in respect of the information to be listed;
  4. information and links provided comply with the applicable laws in the Republic of South Africa and do not infringe any third party rights both constitutionally or otherwise;
  5. subscribers’ Websites which are linked to ours are controlled by the subscriber and are accessible by users at all material times, and information contained therein is accurate in all respects;
  6. we are granted permission to publicise that they are a subscriber of our Business Listing services; and
  7. they shall not use, display or modify our trademark without our prior written consent.

Failure to comply with all requirements in this Agreement will delay if not prevent the Business Listing from being advertised on our Website and the Business Listing application may therefore be terminated in our sole discretion should this occur.

  1. Subscription:

This Agreement governs and binds all applicants for Business Listing on our Website.

This Agreement is binding upon the parties hereto and Subscriber shall observe the rights and duties imposed upon them as defined in Privacy Policy and the Terms and Conditions of our Website.

  1. Privacy Policy :

If personal information of our users is disclosed to Subscribers, Subscribers agree not to send users any unsolicited online communication, commercial email, mass or bulk emails in accordance with our Privacy Policy.

  1. Payment:

Business Listings may be purchased on a monthly, bi-annually or annual basis. Payments shall be carried out in terms of the payment option selected and agreed upon between us the Subscriber on the first day of the month in advance for each and every recurring period interval selected until the Agreement terminates as provided herein.

Business Listings may be immediately removed if payment is not received on the specified day on which the installment falls due as contained in the Business Listing Form. The Business Listing may be discontinued without notice, in which event we are hereby absolved of any adverse consequences of whatsoever nature resulting therefrom.

  1. Renewal:

Renewal of Business Listings shall occur automatically unless we are otherwise notified by the Subscriber in writing at least 30 (thirty) days prior to the expiry of the initial or any renewed term.

  1. Time period:

The effective date for the purposes of the commencement of this Agreement is the day on which the Business Listing is displayed on our Website as stated in the Business Listing Form (:the effective date”), unless otherwise agreed to in writing between the parties.

  1. Cancellation:

The sole remedy for Subscribers in the event of the cancellation of the Agreement (other than through the willful default of the Subscriber) shall be the refund of pre-paid fees following that which is set out in clause 9(a) through 9(c). We shall bear no other liabilities of any nature to the Subscriber or any other third party regarding the termination of this Agreement.

Subscribers may cancel Business Listing subscriptions thereby cancelling the Agreement in accordance with the following:

  1. Monthly Business Listing subscriptions may be cancelled by the subscriber at any point after the first 14 (fourteen) days from effective date.

The cancellation will take place once we are in receipt of a cancellation request by the subscriber in writing, where after the removal of the Business Listing from the Website shall be effected within a reasonable time period.

The subscriber shall be entitled to a prorata refund of the pre-paid Business Listing fee.

  1. Bi-annual Business Listing subscription may be cancelled by the subscriber at any point after the first 30 (thirty) days from effective date.

The cancellation will take place once we are in receipt of a cancellation request by the subscriber in writing and at the end of the month on which the cancellation request is received.

The subscriber is not entitled to a prorata refund of the pre-paid Business Listing fee on the month of cancellation.

  1. Annual Business Listing subscriptions may be cancelled by the subscriber at any point after the first 90 (ninety) days from effective date.

The cancellation will take place once we are in receipt of a cancellation request by the subscriber in writing and at the end of the month on which the cancellation request is received.

The subscriber is not entitled to a prorata refund of the pre-paid Business Listing fee on the month of cancellation.

  1. Warranty, Liability and Indemnity:

We are not liable for any loss, injury, cost or damage of whatever nature suffered by Subscribers or any third party, other than as provided for herein. In no event shall we be liable for consequential, special or incidental damages including, but not limited to, loss of profits.

We give no warranties, either express or implied, concerning to the number of users and visitors to our pages displayed on our Website or concerning the performance, functionality or response time of our Website.

Subscribers agree to indemnify, defend and hold us, our agents, users, affiliates and our/their officers, directors and employees harmless in respect of any and all loss including but not limited to costs, damages, assessments, or judgments (otherwise known as “Liabilities”) resulting from any claim against any such parties in connection with Subscriber’s advertisements or Business Listings unless such claim resulted from our gross negligence or willful misconduct.

This clause shall survive the termination or expiration of this Agreement.

  1. Disclaimer:

We give no warranty to Subscribers as to the effectiveness and profitability of having a Business Listing on our Website.

  1. General clauses:

There shall be no amendment or modification of this Agreement unless reduced to writing and signed by both parties.

If any clause or section of this Agreement is found to be invalid, unlawful or unenforceable in accordance with a court order or otherwise, or if that clause or section is struck from the Agreement, the remaining clauses to the Agreement therein remain valid and binding on the parties.

The Subscribers and Service Monkey expressly undertake to hold in confidence all information disclosed about the business processes and information disclosed therein unless written consent is given or otherwise stated in the Privacy Policy or Terms and Conditions on our Website.

Assignment of rights by the Subscriber to third parties is prohibited unless prior written consent is provided by our duly authorised representative, which shall not be unreasonably withheld.

No partnership, employment, joint venture or agency relationship exists between the Subscriber and ourselves.

Amendments to the Agreement by Service Monkey may occur by written notification being provided to Subscribers delivered to the selected email address stated in the Business Listing Form. Unless otherwise stated in the notification, any such amendments shall be automatically effected 30 (thirty) days after the subscriber has been notified of the amendment in writing.