Last Updated: January 1, 2022
This document is available on the internet at the following address: www.agonworkman.com/terms
I - INTRODUCTION
1.1. Agon Workman Limited (hereafter referred to as "AGON") is a company that offers building facilities maintenance as well as repairs and replacement of fittings and appliances to potential clients using an online platform to register client requests and schedule service appointments for execution by AGON TECHNICIANS.
1.2. AGON is a company duly registered under Nigerian law, based in Abuja and Lagos, with its address for correspondence to 9 Chingola Street, Zone 6, Wuse, Abuja and 95B, Medical Guild Close, off Olabode George Street, off Ajose Adeogun Street, Victoria Island, Lagos, duly registered with the Corporate Affairs Commission under RC No. 913307.
1.3. You have visited the website www.agonworkman.com (hereafter referred to as "THE WEBSITE") or used the Agon Workman application for mobile devices, such as mobile phones and tablets (hereafter referred to as "THE APPLICATION"), having accessed the area destined to signup clients with AGON to request the services provided by AGON.
1.4. The WEBSITE and the APPLICATION or any of the WEBSITE or the APPLICATION shall collectively and individually be referred to as the PLATFORM.
1.5. Building facilities maintenance as well as repairs and replacement of fittings and appliances (hereafter referred to as THE SERVICE(S)) shall be offered on THE PLATFORM to be provided to the user by Agon-certified Technicians (hereafter referred to as AGON TECHNICIANS).
1.6. For the purposes of this document, you, the user of THE PLATFORM and THE SERVICES, will be called CLIENT. Similarly, the pronouns "You", "Your" and "Yours" refer to the client in this document.
1.7. These GENERAL TERMS AND CONDITIONS OF USE OF THE AGON PLATFORM (hereafter referred to as "AGON T&C") regulate the terms and conditions for clients’ use of THE PLATFORM and THE SERVICES.
1.8. Acceptance of AGON T&C is MANDATORY for use of THE PLATFORM and THE SERVICES. By accepting these AGON T&C s or making use of THE PLATFORM or THE SERVICES, YOU ARE ENTERING INTO A CONTRACT WITH AGON, these clauses being binding on the parties.
1.9. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET OUT IN THIS DOCUMENT (AGON T&C), PLEASE DO NOT SIGN-UP AND DO NOT REQUEST FOR SERVICES THROUGH THE WEBSITE, THE APPLICATION OR THE PLATFORM.
II - ABOUT T&C
2.1. YOU MUST CAREFULLY READ THE CONTENTS OF THIS DOCUMENT (AGON T&C) in order to fully understand the terms and conditions governing the CLIENT’S use of THE PLATFORM and THE SERVICES. THIS DOCUMENT ESTABLISHES YOUR RIGHTS AND OBLIGATIONS IN THE USE OF THE PLATFORM and THE SERVICES.
2.2. If you have any questions about this document (AGON T&C), DO NOT GIVE YOUR ACCEPTANCE BEFORE RESOLVING SUCH DOUBT. Your questions can be forwarded by e-mail to: email@example.com.
2.3. The words presented in CAPITAL LETTERS AND BOLD represent defined terms and are used to summarize such definitions in these AGON T&C. A list of DEFINITIONS is available at the end of the document.
2.4. The words presented IN CAPITAL LETTERS represent content that particularly requires Your attention. Still, this content has the same importance as all other content contained herein, so THAT ALL THIS DOCUMENT MUST BE READ CAREFULLY.
III - RELATIONSHIP BETWEEN AGON AND AGON TECHNICIANS
3.1. The AGON PLATFORM provides the CLIENT with access to AGON services, as well as a safe environment for payments for THE SERVICES provided.
3.2. When a CLIENT uses THE PLATFORM to request a service, this will be referred to as a WORK CALL, and upon each WORK CALL, THE PLATFORM will direct such request to AGON.
3.3. AGON will arrange and manage the provision of THE SERVICES to the CLIENTand the necessary tools to perform each service. Losses arising from violations or non-compliance with AGON T&C by an AGON TECHNICIAN shall be the responsibility of AGON.
3.4. AGON covenants to fulfil the provision of THE SERVICES disclosed in THE PLATFORM.
3.5. The terms and conditions contained in these AGON T&C shall be understood as quality assurance by AGON.
3.6. AGON may be evaluated by CLIENTS for each SERVICE provision performed through THE PLATFORM.
4.1. THE PLATFORM is only available to people who have the legal capacity to hire under Nigerian law. People who do not have this capacity, or CLIENTS whose SIGN-UP IS SUSPENDED OR CANCELLED, will not be able to legally use the PLATFORM. SIGN-UP IS FREE.
4.2. To be a CLIENT on THE PLATFORM, You agree to complete the sign-up form available on THE PLATFORM in all the required fields with valid and accurate data. You must complete the form with Your personal information, accurately and truthfully, and you are responsible for keeping such information up to date on THE PLATFORM. The set of information indicated in the sign-up form will be called PERSONAL DATA
4.3. AGON reserves the right to request additional documents and information from CLIENTS for sign-up purposes.
4.4. The DOCUMENTATION shall be legal and current. AGON assumes no responsibility for active supervision of CLIENTS, so damages arising from false or inaccurate information will be the sole responsibility of the CLIENT.
4.6. PERSONAL DATA and DOCUMENTATION are used by AGON to contact the CLIENT. Therefore, it is important that you keep your data up to date.
4.7. AGON SHALL HAVE THE RIGHT TO REFUSE ANY SIGN-UP REQUEST AND SHALL ALSO HAVE THE RIGHT TO CANCEL OR SUSPEND ANY EXISTING CLIENTS, WITHOUT BEING OBLIGED TO COMMUNICATE OR REVEAL THE REASONS FOR ITS DECISION, AND WITHOUT THIS GENERATING ANY RIGHT TO INDEMNIFICATION OR COMPENSATION.
4.8. In the event of suspension or cancellation, UNPAID WORK CALLS may be cancelled by AGON, without any right of indemnification due to the CLIENT. Likewise, under these circumstances, WORK CALLs ALREADY PAID BY THE CLIENT may also be cancelled by AGON, and reimbursement made by AGON of the amounts paid by the CLIENT, without prejudice to the possibility of AGON proceeding to fulfil the said WORK CALL as if the CLIENT's sign-up remained active, for this exclusive purpose.
4.9. At the time of sign-up, the CLIENT must provide an e-mail address (as username) and password to access the PLATFORM. AGON will not request your password for any other means, or for any other reason, other than for access to THE WEBSITE and/or THE APPLICATION.
4.10. Your registration will be personal, unique and non-transferable, being prohibited that the same person has more than one sign-up profile or that several people share the same sign-up profile.
4.11. You will be solely responsible for all operations performed under Your sign-up profile and must keep the confidentiality of Your password.
4.12. If you notice the use or unauthorized access of Your sign-up profile, You must communicate this fact to AGON immediately for the purpose of suspending the sign-up.
4.13. You may request the cancellation of Your sign-up in THE PLATFORM at any time, without prejudice to the WORK CALLS already accepted by AGON at the time of the cancellation request, which should be completed normally, as if the sign-up remained active for such purposes. THE CANCELLATION OF WORK CALLS ALREADY ACCEPTED WILL BE SUBJECT TO THE POLICY OF CANCELLATION OF WORK CALLS, PURSUANT TO CLAUSE V of THESE AGON T&C. WORK CALLs not yet accepted upon cancellation will be cancelled by the PLATFORM, free of charge to the CLIENT.
V - WORK CALLS
5.1. The CLIENT may access THE PLATFORM and make a WORK CALL for any of the types of services available on THE PLATFORM.
5.2. In cases of emergency and the CLIENT is unable to initiate a WORK CALL through THE PLATFORM or where access to THE PLATFORM is unavailable, the CLIENT may make a request via email, telephone, or WhatsApp and such requests are still bound by these AGON T & C as if the WORK CALL was made on THE PLATFORM and, at the earliest possible time, the CLIENT logs in the request on the PLATFORM.
5.3. The CLIENT must carefully read any special conditions applicable to each WORK CALL, including. The performance of a WORK CALL is conditional upon the acceptance of these AGON T&Cs by the CLIENT.
5.3. The CLIENT must fill in the WORK CALL with true and accurate data, especially, but without limitation, with respect to the address for performing the service, date and time chosen, dimensions and measurements (where applicable), information about materials to be provided by the CLIENT (where applicable), among other information required at the time of the WORK CALL.
5.4. The WORK CALL will contain details of the WORK CALL, as well as any special terms and conditions applicable to that type of service. By accepting the WORK CALL, AGON accepts the conditions specified therein.
5.5 Upon the AGON TECHNICIAN’s arrival at the address in the CLIENT’s sign-up profile, the CLIENT must ensure that the AGON TECHNICIAN is given access to the WORK CALL location within 30 minutes or the AGON TECHNICIAN may be required to leave. The CLIENT will pay an Assessment Charge to AGON as indicated in the Yellow Paper before the AGON TECHNICIAN will proceed to assess the WORK CALL and a WORK QUOTE is prepared for the CLIENT by AGON
5.4. The price indicated in the WORK QUOTE is the total amount to be paid by the CLIENT to AGON, including all taxes, as well as all cost of materials indicated. The CLIENT is responsible for the payment of any taxes attributable to the CLIENT.
5.6. Payments for WORK CALLS will be made through THE PLATFORM OR BY ELECTRONIC FUNDS TRANSFER USING THE DETAILS PROVIDED IN THE WORK QUOTE, BEFORE THE COMMENCEMENT OF THE SERVICE.
5.7. If the payment is processed through a third-party company, such as a financial institution or companies specialized in electronic payments, the CLIENT declares to have read and accepted the terms and conditions applicable to transactions with these third companies, with which AGON has no association.
5.8. If the CLIENT cancels a WORK CALL that has already been accepted, or if the CLIENT IS NOT PRESENT AT THE DATE AND TIME INDICATED IN THE WORK CALL, PERSONALLY OR THROUGH A RESPONSIBLE PERSON INDICATED IN THE WORK CALL, OR STOPS PROVIDING THE CONDITIONS OF HIS OR HER RESPONSIBILITY FOR THE PROVISION OF THE SERVICES, a rescheduling fee may be charged to the CLIENT if the CLIENT proceeds within 7 days to make a new WORK CALL identical to that which has not been completed for the above reasons.
5.9. It is the CLIENT’s duty to be present, personally or by a responsible person, during the performance of THE SERVICE by the AGON.
5.10. At the end of the provision of THE SERVICES, the CLIENT must indicate acceptance or refusal of the delivery of the services performed. In the event of refusal, REFUSAL MUST BE COMMUNICATED TO AGON AS SOON AS THE VISIT IS COMPLETED AND NO LATER THAN 24 HOURS AFTERWARDS, WITH REASONED JUSTIFICATIONS FOR THE REFUSAL, AND, WITHOUT LIMITATION, THROUGH PHOTOGRAPHS DEMONSTRATING THE NON-PROVISION OF THE SERVICES SATISFACTORILY.
5.11. In addition to the acceptance procedure described above, the CLIENT is expected to evaluate THE SERVICE on THE PLATFORM. This evaluation serves to control the reputation of AGON and AGON TECHNICIANS with CLIENTS.
5.12. The evaluation is the sole responsibility of the CLIENT, and AGON DOES NOT HAVE ANY INTERFERENCE IN THE EVALUATIONS PROVIDED BY CLIENTS.
5.13. If the CLIENT does not perform the acceptance and evaluation procedures directly on THE PLATFORM, AGON may contact the CLIENT to obtain such answers from the CLIENT. Regardless of prior contact by AGON, IF THE CLIENT REMAINS SILENT FOR THE PERIOD OF 7 (SEVEN) BUSINESS DAYS AFTER COMPLETION OF THE SERVICE, THE SERVICE WILL BE CONSIDERED AS ACCEPTED BY THE CLIENT AND THE EVALUATION WILL BE DISREGARDED.
5.14. AGON UNDERTAKES TO GRANT A WARRANTY FOR THE SERVICES PERFORMED WITHIN A TOTAL PERIOD OF 14 (FOURTEEN) DAYS.
5.15. If it remains proven that THE SERVICES have not been provided satisfactorily, the amount paid by the CLIENT for the affected SERVICES will be refunded in full.
5.16. Complaints regarding the guarantee of services may be made to AGON.
5.17. Regardless of the CLIENT’s evaluation, THE SERVICES effectively provided by AGON and accepted by the CLIENT will be indicated as completed on THE PLATFORM. Even after the completion of THE SERVICES on THE PLATFORM, they will remain available to CLIENTS, including for complaints during the warranty period.
VI - REQUEST FOR ADDITIONAL SERVICES
6.1. AGON TECHNICIANS SHALL NOT PERFORM SERVICES OTHER THAN THOSE FOR WHICH AGON HAS BEEN REQUESTED, in accordance with the accepted WORK CALL.
6.2. If an AGON TECHNICIAN, during a visit to the CLIENT or during the provision of a SERVICE resulting from a WORK CALL, identifies another SERVICE that may be provided, the AGON TECHNICIAN may offer the provision of this other SERVICE PROVIDED THE CLIENT MAKES A WORK CALL FOR THE ADDITIONAL SERVICE THROUGH THE PLATFORM.
6.4. AGON is not responsible for any additional SERVICES directly agreed between the CLIENT and AGON TECHNICIAN, or for any services other than those objectively contained in a WORK CALL forwarded through THE PLATFORM or in accordance with Paragraph 5.2 above. AGON's liability, in any case, will be limited to acts, or possible omissions, arising directly from these AGON T&Cs and the applicable WORK CALL.
6.5. AGON will not accept SERVICES that include illegal or irregular activities, as well as that may violate current laws and regulations. This discretion in the selection of services extends to AGON’s responsibility to assess the location and risks of the provision of the services.
VII - RESPONSIBILITY
7.2. AGON IS RESPONSIBLE FOR THE CONDUCT OF AGON TECHNICIANS AND FOR THE QUALITY OF SERVICES PROVIDED BY AGON TECHNICIANS, AND FOR ANY DAMAGE TO PERSONS OR PROPERTY THAT MAY BE CAUSED BY OMISSION OR ACTION OF AGON TECHNICIANS THROUGH AGON’S PUBLIC LIABILITY INSURANCE.
7.3. AGON will not be liable, in any event, for lost profits or other forms of indirect damages, and the CLIENT accepts that any liability of AGON will only include direct damages actually suffered by the CLIENT as a result of the legal use of THE PLATFORM and the lawful fulfilment of the WORK CALL.
VIII - PLATFORM FAILURES
8.1. Regardless of whether any flaws or defects are identified on THE WEBSITE or APPLICATION, AGON is not responsible for any damages arising from such failures or defects of the PLATFORM, nor for failures arising from other services related to the use of THE PLATFORM, such as electricity and internet.
8.2. THE PLATFORM and the software that comprises it are made available as they are, with any existing defects, and there is NO OBLIGATION OF AGON to resolve any defects, detected or not. AGON DOES NOT GUARANTEE THE FUNCTIONALITY OF THE PLATFORM FOR SPECIFIC PURPOSES.
8.3. AGON will not be responsible for any virus that may infect the CLIENT's equipment as a result of access, use or verification of THE PLATFORM or root of any transfer of data, files, images, texts, or audio contained therein. CLIENTS may not impute any liability or demand payment for outgoing profit, due to losses resulting from technical difficulties or failures in the systems or the Internet. AGON DOES NOT GUARANTEE CONTINUED OR UNINTERRUPTED ACCESS TO AND USE OF THE PLATFORM. The system may not be available due to technical difficulties or Internet failures, or any other circumstance unrelated to AGON; in such cases AGON will seek to restore accessibility to THE PLATFORM as soon as possible, without this being able to impute any kind of liability. AGON shall not be liable for any error or omission contained in THE WEBSITE, THE APPLICATION or THE PLATFORM.
8.4. CLIENTS ARE ABSOLUTELY PROHIBITED FROM ANY ACTION OR USE OF DEVICE, SOFTWARE, OR OTHER MEANS FOR THE PURPOSE OF INTERFERING IN AGON PLATFORM ACTIVITIES AND OPERATIONS, REQUESTS, OFFERS, DESCRIPTIONS, ACCOUNTS OR PLATFORM DATABASE. Any intrusion, activity or attempted violation that is contrary to the laws, including, without limitation, those that concern intellectual property rights, and/or the prohibitions stipulated in this agreement shall be subject to the relevant legal actions and sanctions provided for by this agreement, as well as responsibility for indemnification for damages caused.
IX - INTELLECTUAL PROPERTY AND THIRD-PARTY TERMS
9.1. The content of THE WEBSITE and THE APPLICATION pages, as well as the programs, databases, networks, files and other data related to THE PLATFORM, including, but not limited to, advertising material, are property of AGON and are protected by laws. and international treaties on copyright, trademarks, patents, models and industrial designs. The misuse and total or partial reproduction of such content is prohibited, unless expressly authorized in writing by AGON.
9.2. THE WEBSITE and THE APPLICATION may contain links to other websites and web pages, or to other computer applications and programs, which does not indicate that they are owned or operated by AGON, or that its owners and operators are associated with or otherwise related to AGON. As AGON has no interference with these websites and software, AGON is not responsible for their use, and the CLIENT must subscribe to the terms and conditions in force for each of these sites and software.
X - EVALUATION SYSTEM
10.1 AGON makes technological tools available to CLIENTS to maintain the confidence of THE PLATFORM.
10.2. CLIENTS have an evaluation system to evaluate the services provided by AGON TECHNICIANS, which will be updated periodically based on the data linked to the activity of AGON TECHNICIANS on THE PLATFORM and the comments entered by the CLIENTS according to the services the AGON TECHNICIAN has carried out.
10.3. Upon completion of a WORK CALL, the CLIENTS will be requested to evaluate the SERVICE performance.
10.4. CLIENT'S ASSESSMENT OF A SERVICE PERFORMANCE MAY BE MADE PUBLICLY AVAILABLE ON THE PLATFORM.
10.5. AGON has no obligation to verify the veracity or accuracy of comments and messages posted on THE PLATFORM or in any other environments and is not responsible for such comments entered by any CLIENT.
XI - JURISDICTION AND APPLICABLE LAW
11.1. These AGON T&Cs are governed by and construed in accordance with the laws in force in Nigeria, without application of their conflict of laws rules (private international law).
XII - DEFINITIONS
12.1 The words presented IN CAPITAL LETTERS AND BOLD represent defined terms and are used to summarize such definitions in these AGON T&Cs. Below, You will find a list of the DEFINITIONS existing in this document, which will have the meaning assigned below, independent of being in the plural or singular.
AGON: The Nigerian company AGON Workman Limited., registered with registration RC No. 913307.
AGON T&C: This document containing the terms and conditions of the engagement between the CLIENT and AGON.
AGON TECHNICIAN: An AGON-certified technician.
APPLICATION: AGON app for mobile devices such as mobile phones and tablets.
CLIENT: Individual or legal person who signs up with THE PLATFORM in order to initiate WORK CALLS.
DOCUMENTATION: Documentation delivered by the CLIENT for the purpose of registering or updating his/her information, or documentation required by AGON for discretionary analysis of the acceptance of the CLIENT's registration.
PERSONAL DATA: Data provided by the CLIENT at the time of sign-up or subsequently UPDATED BY THE CLIENT ON THE PLATFORM, including his/her photograph and the data of his/her legal representatives, where applicable.
PLATFORM: AGON technology system, owned and developed by AGON, which allows communication between AGON and CLIENTS, among other utilities, being composed of THE WEBSITE and THE APPLICATION.
WEBSITE: The website www.agonworkman.com, including its main page and all other subpages, regardless of the equipment used for access.
WORK CALL: Service request to AGON made by the CLIENT through THE PLATFORM or by telephone, WhatsApp and/or email. If such service requests are made by telephone, WhatsApp and/or email, the CLIENT is required to still formalize them through THE PLATFORM at the earliest possible time.
WORK QUOTE: The sum payable by the CLIENT to AGON prior to the provision of THE SERVICES in WORK CALL.
XIII - FINAL PROVISIONS
13.1. If you have questions about these AGON T&C or other policies and principles governing AGON, write to firstname.lastname@example.org
13.2. AGON T&C may be updated, corrected, or changed by AGON without notice to CLIENTS. Each new WORK CALL submitted will be governed by the AGON T&C in its latest version, which must be re-accepted for each WORK CALL.
13.3. IF YOU DO NOT AGREE TO THE ABOVE, OR IF YOU HAVE NOT UNDERSTOOD ANY OF THE PROVISIONS, PLEASE DO NOT REGISTER YOUR DATA OR USE THE WEBSITE OR INSTALL AND/OR USE THE APPLICATION. IF YOU DO NOT AGREE TO THE ABOVE, AT ANY TIME, PLEASE CANCEL YOUR REGISTRATION AND DO NOT USE THE PLATFORM.