1.1 These Terms and Conditions formally set out your obligations relating to accessing services and the Website and mobile applications. They highlight that we will do our best to help you have a good experience, but are not responsible for performance of the Tradesman you find. We also expect everyone to be honest in his or her dealings.
1.2 By registering as a Flatfish Tradesman or User you accept these Terms and Conditions. These Terms and Conditions may be changed or amended at any time at the sole and absolute discretion of Flatfish. Amendments will be effective immediately upon posting the amended Terms and Conditions on the Website. You are responsible for ensuring you are familiar with the latest Terms and Conditions. Your continued use of the Website and services represents your agreement to be bound by the Terms and Conditions as amended from time to time.
2.1 Defined Terms:
In these Terms and Conditions, the following words have the meaning set out below:
Flatfish means Sidebeard Limited (trading as Flatfish).
Terms and Conditions means these terms and conditions as they may be updated from time to time.
Tradesman is a tradesman registered on the Website to provide professional quotes and services to Users.
Users means any consumer registered on the Website to make enquiries about quotes and services provided by Tradespeople.
We and us are references to Sidebeard Limited (trading as Flatfish);
Website means any Flatfish Website or Mobile Application through which the services are offered; and
You and your are references to you.
3.1.1 All requests, quotations or communications made through Flatfish shall be made in good faith.
3.1.2 All requests, communications, emails and correspondence made through, on the website or to customers who have used the website, must not contain any offensive, insulting, defamatory or inappropriate language. Flatfish reserves the right to determine what is offensive, insulting, defamatory or inappropriate and to take action against users who use such emails, including the suspension, deactivation and permanent banning of users from the site.
3.1.3 You must not damage, interfere with or harm the Website or services, or any network, or system underlying or connected to them, or attempt to do so.
3.1.4 You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose
3.1.5 You shall not list your email address, phone number or any other contact detail within the description of your Member profile. However, you may enter your appropriate contact details in the relevant contact detail fields to be used when you have been selected.
3.1.6 You must quote in New Zealand Dollars and include GST in the price. All tax obligations are the responsibility of the Tradesman and/or the User (as the parties determine).
3.1.7 You must not complete a transaction outside of the Flatfish process or otherwise seek to avoid Flatfish's success fees. Attempts by you to avoid fees may result in Flatfish suspending or terminating you at the discretion of Flatfish.
3.2 Your Obligations as a Tradesman:
3.2.1 You will only provide quotes to Users that are accurate, current, complete, and include all relevant information about the terms of trade services and payment terms.
3.2.2 You will only provide a quote for trade services if such trade services can be provided.
3.2.3 You agree to your email address and contact details being supplied to the User in respect of a request.
3.2.4 You agree to notify Flatfish of any quotation accepted by a User.
3.2.5 You agree to the success fees paid to Flatfish on presentation of invoice.
3.2.6 If the job is indicated as a success fee job, then the payment of the success fee is required for any paid work which is gained through the use of the service, even if the final result differs from the original job posted.
3.2.7 When a quote or final price is agreed upon the tradesman must provide Flatfish with the agreed amount. If no amount is provided we reserve the right to invoice for the maximum allowable referral fee as outlined in S.4.1.4
3.2.8 You agree to abide by any promotions, specials or similar offered to homeowners by Flatfish, either through the website or a third party.
3.3 Your Obligations as a User:
3.3.1 You must make full and prompt payment for any services you purchase from a Tradesman.
3.3.2 You agree to your contact details being supplied to the Tradesman (as chosen by you) when you make a request.
3.3.3 The value of Flatfish.co.nz rests in its thriving marketplace of Users and Tradesmen. It is a violation of these Terms and Conditions to (a) intentionally avoid the payment of Flatfish's success fees referred to in paragraph 7 by arranging jobs with Users outside of the context of the Website, or (b) refer a job or work on to a third party. Such referrals will incur the usual fee as indicated in section 4.1.4. Attempts by you to avoid fees may result in Flatfish taking legal action, or suspending or terminating your account.
3.3.4 If you are not satisfied with a review that has been placed you may not threaten, coerce or intimidate a user into changing a review. If you believe a review is offensive, insulting, or defamatory please contact Flatfish.
3.3.5 When awarding a job to a tradesman you are required disclose to Flatfish the amount that you have been invoiced or quoted by the tradesman. This amount includes all labour, materials, and GST.
4.1 Free Registration: Becoming a User or Tradesman is free. Flatfish charges Tradesmen a fee when they successfully bid for a job generated through the Flatfish Website. The Website is completely free to Users.
4.1.1 Flatfish current fees are currently 10% of a job total, including GST. Any fee payable to Flatfish will be invoiced to the Tradesman by Flatfish and payable within the period indicated on the invoice. Flatfish reserves the right to request documentation from Users or Tradesmen to demonstrate the value of a completed job. Flatfish will credit success fees paid on jobs where the tradesman can demonstrate, within a reasonable length of time of the invoice issue date, that payment was not received from the User due to no fault on their part. Flatfish reserves the right to change its fees at any moment, without notice.
4.1.2 All fees are inclusive of GST and are New Zealand Dollars unless otherwise stated.
4.1.3 Before accepting a job, you should review Flatfish's fees to ensure you are aware of the fees that you will incur.
4.1.4 The maximum Flatfish referral fee is $500, Flatfish jobs are limited at a maximum of $5,000.
4.2.1 Currency: All fees are in New Zealand dollars (NZD). Payments made from non NZ credit cards will be charged in New Zealand dollars.
4.2.2 Terms of payment (success fees): Our success fee invoices have payment terms as described on the invoice. We will take our payment when we accept payment from the landlord.
4.3 Overdue accounts: You agree you are responsible for paying our invoices within the payment terms of the invoice. If your account has an invoice which is overdue your account will be automatically restricted. Past due balances will be subject to a finance charge of 1.5% per month.
4.4 Receiving invoices: You agree to receive all invoices by email to the email address you have given to us. It is your responsibility to ensure that this email address is working correctly.