Terms of Use for Service Providers
Welcome to ComeNow
1. ACCEPTANCE OF TERMS OF USE FOR SERVICE PROVIDERS
1.1 You agree that by using the ComeNow platform, which includes our ComeNow mobile apps
and website (collectively the “ComeNow Platform”) and the products, services and features
(collectively the “ComeNow Service”) that we make available to you as part of the ComeNow
Platform, you, as a Service Provider, shall be deemed to have accepted the General Terms of
Use, these Terms of Use for Service Providers, our Privacy Policy and Legal Notice
(collectively this “Service Provider Agreement”) and be legally bound by this Service
Provider Agreement between yourself and ComeNow Pte. Ltd. (“ComeNow”, “we”, “our” or
“us”).
1.2 To be a Service Provider under the ComeNow Platform, you must first create an Account in
accordance with the General Terms of Use and register as a Service Provider. The capitalized
terms used herein shall have the meaning defined or ascribed to them in the General Terms of
Use and these Terms of Use for Service Providers.
1.3 The terms set out in this Service Provider Agreement may be amended, modified or varied
from time to time at our absolute discretion and without your consent. Any and all
amendments, modifications and variations will be posted on the ComeNow Platform, and your
access or use of the ComeNow Service after such changes have been posted will constitute
your agreement to such amended, modified or varied terms of this Service Provider
Agreement. You agree to review this page carefully each time you access or use the
ComeNow Service.
1.4 If you do not agree to the terms and conditions set out in this Service Provider Agreement,
please do not access or use the ComeNow Service. Any continued access or use of the
ComeNow Service (whether this time or in future) will imply that you have accepted and be
bound by this Service Provider Agreement.
2. INTERPRETATION
2.1 In these Terms of Use unless the context otherwise requires the following words or
expressions shall have the following meanings:
“Account” means an account opened or created under the General Terms of Use by a User
whether the User is a consumer or a Service Provider.
“Customer” and “Customers” means all or any User or Users who have created or opened an
Account.
“Dollars” and “$” mean the lawful currency of the Republic Singapore.
“Service Fee” means the fees and charges paid or payable by a Customer who have booked
or engaged the Services of the Service Provider. Such Service Fee is inclusive of Service
Provider’s fees, ComeNow’s commission and GST, if applicable.
“Service Providers” means all or any of the service providers who are registered as Service
Providers to provide Services to Customers under this Service Provider Agreement, and each
a “Service Provider”.
“Services” means all or any of the services provided or performed by the Service Providers in
accordance with this Service Provider Agreement.
“Users” means all or any visitors to the ComeNow Platform, and each a “User”.
2.1 Unless the context otherwise requires:
(a) words importing the singular number include the plural number, and vice versa, and
words importing the masculine gender include the feminine and neuter genders, and
vice versa.
(b) the words “hereof”, “herein”, “hereon” and “hereunder” and words of a similar import,
when used in these Terms of Use, refer to these Terms of Use as a whole and not to any
particular provision of these Terms of Use;
(c) headings to the Clauses herein shall not be deemed to be a part thereof or be taken in
consideration in the interpretation or construction thereof or of these Terms of Use; and
(d) references herein to Clauses are references to Clauses of these Terms of Use.
3. COMENOW PLATFORM
3.1 ComeNow operates, manages and makes available the ComeNow Service on the ComeNow
Platform to enable Customers to book or engage the Services provided by Service Providers
e.g. cleaners, plumbers, movers, handyman, electricians, air-con serviceman and others.
3.2 ComeNow is not a Service Provider or an agent of the Service Providers or the Customers.
The Service Providers are independent contractors and are neither employees nor agents of
ComeNow. ComeNow does not endorse any Service Providers or warrant the standard or
quality of the Services provided by any Service Providers, or assume any responsibility or
obligation on behalf of the Service Providers.
3.3 When the Customer books or engages the Services of a Service Provider, the Customer
enters into a contract directly with the Service Provider. ComeNow is not a party to any such
contract between the Customer and the Service Provider. The Service Provider shall take full
responsibility for the Services provided by the Service Provider and shall be fully liable for its
own acts, omissions, defaults, breaches or negligence or to fully comply with the Service
Provider Agreement.
3.4 Access to and use of the ComeNow Service is available only to individuals who are at least 18
years old and can legally enter into binding contracts under Singapore law.
3.5 Subject to your compliance with this Service Provider Agreement, ComeNow grants to each
Service Provider a revocable, limited, non-exclusive, non-transferable, non-assignable,
personal, licence to use the ComeNow Platform in accordance with this Service Provider
Agreement. All rights not expressly granted to the Service Providers are reserved by us.
3.6 The Services provided by the Service Providers shall be provided or performed in Singapore.
The Services Providers are not allowed to provide or perform their services outside Singapore.
3.7 We reserve the right to limit or suspend the Service Providers access to the ComeNow Service
for the purpose of scheduled, ad hoc, or urgent maintenance of the ComeNow Platform. We
will communicate such limitation or suspension of the ComeNow Service through the Platform.
3.8 We may, at our sole discretion, update the ComeNow Platform without prior notice to the
Service Providers. Updates (including any patch or fix of bugs, error corrections, additional,
modification or removal of features, security, software, hardware, operation and/or functionality
of the ComeNow Platform) may add, modify or delete in their entirety certain features and
functionalities. The Service Providers acknowledge and agree that we have no obligation to
provide any updates or to continue to provide or enable any particular feature or functionality
of the ComeNow Platform.
3.9 On registration and in the course of the Service Provider’s use of the ComeNow Platform, the
Service Provider may provide us and/or the Customers with information including the name(s),
address(es), mobile phone number(s) and email address(es) of the Service Providers and/or
its employees, contractors and representatives. By providing such information to us and/or the
Customers, the Service Provider agrees and acknowledges that, subject to the applicable
laws, such information shall be deemed as business contact information as defined under the
Personal Data Protection Act 2012.
3.10 The Service Provider agrees and undertakes to fully respect the privacy of all Customers of
whom the Service Provider have access to or received personal data, and shall ensure
compliance with the applicable data privacy laws, including but not limited to:-
(a) complying with and shall procure that its employees, servants, contractors,
subcontractors, agents or invitees shall comply with the data protection principles under
the Personal Data Protection Act 2012 and ComeNow’s data protection policies,
guidelines and instructions (in so far as they are relevant) in respect of any personal
data;
(b) ensuring that any collection, usage, disclosure and/or retention of personal data by or to
its agent and/or sub-contractor are subject to a binding legal obligation upon the agent/
sub-contractor to comply with the obligations set out in this Service Provider
Agreement;
(c) having in place, and undertake to maintain during the term of use of the Platform,
appropriate organizational and technical measures (where applicable) against the
accidental, unauthorised or unlawful processing, destruction, loss, damage or
disclosure of personal data, and adequate security processes to ensure that
unauthorised persons do not have access to the personal data or to any equipment
used to process the personal data;
(d) providing all necessary training to its staff who has access to personal data regarding
the data protection principles under the Personal Data Protection Act 2012 and
ComeNow’s data protection policies;
(e) at all times treat all personal data as confidential and shall use all reasonable efforts to
maintain such information as secret and confidential and shall not at any time copy,
duplicate, record or otherwise reproduce any personal data in whole or in part or
otherwise make the same available to any unauthorised person.
The Service Provider shall not collect, duplicate, store, disseminate, spread or misuse any
Customer’s information or data without permission, and shall be wholly responsible for the
collection, use and disclosure of any information relating to any Customer.
4. SERVICE PROVIDER’S REPRESENTATIONS AND WARRANTIES
By using the ComeNow Platform or the ComeNow Service, the Service Provider represents,
warrants and undertakes as follows:
(a) If the Service Provider is a firm, company or organisation, the Service Provider is duly
constituted and validly existing under the laws of Singapore, and has full power and
authority and all licences, permits, consents and approvals necessary to carry on its
business and provide the Services; or if the Service Provider is an individual person, the
Service provider confirms that he is an individual person who is at least 18 years old and
has all licences, permits, consents and approvals necessary to carry on his business
and provide the Services.
(b) Any Services that the Service Provider provides and work it performs under this Service
Provider Agreement will be provided or performed in a professional manner and conform
to a standard of competence equal to that normally employed by persons of good
standing for services and work of a magnitude and nature similar to the Services.
(c) The Service Provider will comply, and will ensure that its employees, servants,
contractors, subcontractors, agents or invitees will comply, with all applicable laws and
regulations, including but not limited to the Workplace Safety and Health Act 2006 and
its subsidiary legislation and all the requirements as may be imposed by any statute now
or hereafter in force and any orders, rules, regulations, requirements and notices
thereunder relating to COVID-19 and any other contagious disease (including but not
limited to any guidelines, rules or regulations related to COVID-19 safe distancing
measures).
(d) The Service Provider will lawfully use the ComeNow Platform and/or the ComeNow
Service and will not use the ComeNow Platform and/or the ComeNow Service for
fraudulent or illegal purposes.
(e) The Service Provider will not use the ComeNow Service to cause nuisance, annoyance
or inconvenience to any other person.
(f) When registering or using an Account and throughout the Service Provider’s use of the
ComeNow Platform, (i) all information provided by the Service Provider to us or the
Customers will be true, correct, up-to-date and not misleading, including in respect of
the Service Provider’s identity, address, email address and mobile phone number, and
(ii) the Service Provider will provide all information required by us, including business
profile, details of shareholders, beneficial owners, directors and/or representatives,
relevant insurance policies, licences and permits of the Service Provider.
(g) The Service Provider will not intentionally allow another person to access his account, or
provide false or fake information.
(h) The ComeNow Service is for the use of Customers and Service Providers and not for
resale to a third party.
(i) The Service Provider will not post on the ComeNow Platform any false, inaccurate,
misleading, abusive, defamatory, libelous or obscene content.
(j) The Service Provider will not copy or distribute any part of the ComeNow Platform in
any medium.
(k) The Service Provider will not alter or modify any part of the ComeNow Platform or its
contents.
(l) The Service Provider shall promptly notify ComeNow in writing via the ComeNow
Platform of any dispute with a Customer, and to provide relevant details of such dispute.
The Service Provider agrees to comply with the dispute resolution procedure set out in
the Service Provider terms of Use.
(m) Any subcontract of Services by the Service Provider shall not relieve the Service
Provider of its obligation to comply fully with this Service Provider Agreement, and the
Service Provider shall remain fully responsible and liable for ensuring full compliance
with this Service Provider Agreement in all respects.
5. FEES AND PAYMENTS
5.1 Without prejudice to the fee and payment provisions set out in Clause 7 (Fees and Payments)
of the General Terms of Use and in addition thereto, each Service Provider agrees to the
following payment arrangement:
(a) All payments by Customers for the Services shall be made via the ComeNow Platform
through our online payment gateway service provider, Stripe, or any other online
payment processing service provider of our choosing.
(b) Unless otherwise notified in writing by ComeNow, we will make payouts of amounts due
to the Service Provider (“Payout” or “Payouts”) through Stripe. The Stripe Recipient
Agreement or the Stripe Connected Account Agreement (as the case may be) apply
to all Payouts made by ComeNow to the Service Provider. The Service Provider must
sign-up for a Stripe connected account that will be linked to ComeNow’s Platform.
Where applicable, the Service Provider hereby authorizes ComeNow to sign-up for a
Stripe connected account on behalf of the Service Provider and shall provide to
ComeNow all accurate and complete information necessary for the sign-up of such
account. Please download a copy of the Stripe Recipient Agreement or the Stripe
Connected Account Agreement (as the case may be) at:
https://stripe.com/en-sg/connect-account/legal/recipient
https://stripe.com/en-sg/connect-account/legal
(c) To receive Payouts from ComeNow, the Service Provider must provide us accurate and
complete information about the Service Provider and its business, and by registering as
a service provider, the Service Provider authorizes ComeNow to share such information
and transaction information related to your payout with Stripe.
(d) The Customers will be charged 110% of the applicable fees quoted by the Service
Provider, and that the invoices to be issued by the Service Provider to each Customer
for the Services shall be generated and issued through the ComeNow Platform.
(e) ComeNow charges the Service Provider the following commissions when a transaction
is completed:
• 5% of the fee quoted by the Service Provider, which shall be payable by the
Service Provider; and
• 10% of the fee quoted by the Service Provider, which shall be marked up as
part of the Service Fee and payable by the Customer.
For example, the fee quoted by the Service Provider for the Services is S$100.00. The
Customer will be charged S$110.00 as Service Fee. When the Services are completed,
the Service Provider will be paid S$95.00 and ComeNow retains S$15.00 as
commission.
(f) In service contract bookings, Payouts will be made prorated when each service is
completed.
For example, the fee quoted by the Service Provider for service contract is S$800.00 for
4 times per year. The Customer will be charged S$880.00. The Payout will be prorated
for completion of each service, and the Service Provider will be paid S$190.00 and
ComeNow retains S$30.00 as commission for each service.
(g) Subject to Clause 5.1(h) below, Payouts will be initiated by Stripe every Monday at 12
am and will take approximately 1 to 3 business days to complete the funds transfer,
depending on the bank.
(h) In respect of each transaction, Payouts will be held in the Service Provider’s Stripe
connected account until the Monday at 12am following the date of such transaction,
provided that at least 7 full days has passed when a transaction is completed in case of
disputes or refunds.
For example:-
(i) when a transaction is completed on 31st October 2021, Sunday 11.00 am, the
Payout for such transaction will be initiated on the following Monday at 12.00
am, i.e. 8th November 2021, Monday 12.00 am.
(ii) when a transaction is completed on 1st November 2021, Monday 1.00 pm, the
Payout for such transaction will be initiated on the next following Monday at
12.00 am, i.e. 15th November 2021, Monday 12.00 am.
(iii) when a transaction is completed on 2nd November 2021, Tuesday 1.00 pm, the
Payout will be initiated on the next following Monday at 12.00 am, i.e. 15th
November 2021, Monday 12.00 am.
(i) ComeNow reserves the right to withhold or set-off all or any part of Payouts or future
Payouts if the Service Provider is in material breach under Clause 7 (Material
Breaches).
(j) ComeNow reserves the right to set-off and deduct from any amounts owing by the
Service Provider to ComeNow or any Customer against Payouts or future Payouts or
such other monies payable by ComeNow to the Service Provider, and ComeNow shall
have the right to withhold such monies for such purpose.
5.2 ComeNow will send our invoice to all Service Providers who have completed transactions on a
date which corresponds to the Payout day. Following the example in Clause 5.1(e), the invoice
will show S$110.00 as being the amount charged to the Customer and the amount received by
the Service Provider, ComeNow’s commission of S$15.00 and the Payout of S$95.00 to the
Service Provider.
6. CANCELLATION POLICY
6.1 After acceptance or confirmation of the Services, the Customer’s cancellation of the Services
of the Service Provider will be subject to the following charges:
(a) If the cancellation by the Customer occurs 2 hours or more before the agreed appointed
time of the Services, no amount (including any cancellation fee payable by the
Customer) will be paid to the Service Provider upon such cancellation.
(b) If the cancellation by the Customer occurs less than 2 hours before the agreed
appointed time of the Services, only transportation charges of S$17.00 (which is net of
the commission payable to ComeNow) will be paid to the Service Provider.
(c) If the cancellation is by the Service Provider, a full refund will be made to the Customer
and the Service Provider will be charged the cancellation fee will be equal to 3.4% of the
Service Fee (based on each charge transacted via Stripe) plus S$0.50. No amount will
be paid to the Service Provider upon such cancellation.
6.2 For the avoidance of doubt, the cancellation fee payable by the Service Provider pursuant to
Clause 6.1(c) will include an additional $0.50 for each additional charge transacted via Stripe
due to price change or onsite quoting.
6.3 After acceptance or confirmation of the Service Fee quotation, any change of the Service
Provider required by the Customer will treated as cancellation by the Customer. The booking
of the new Service Provider will be treated as a new booking transaction.
6.4 In the event of dispute between the Customer and the Service Provider, ComeNow reserves
the right at ComeNow’s sole discretion to:-
(a) suspend or terminate the Services of the Service Provider to be provided to the
Customer and/or replace the Service Provider, upon which the Customer or the Service
Provider (at the determination of ComeNow) shall be deemed to have cancelled the
Services; and/or
(b) pay to the Service Provider, withhold or refund to the Customer all or part of the
relevant Service Fee;
(c) take such other actions as it deems fit to resolve the matter.
6.4 Frequent cancellations or no show by a Service Provider will result in Service Provider’s
suspension or ban.
6.5 ComeNow reserves the right to suspend the processing of any transaction where it reasonably
believes that the transaction may be fraudulent, illegal or involves any criminal activity or
where the Customer or the Service Provider may have breached any terms and conditions of
this Agreement. In such an event, ComeNow is not liable for any withholding of, delay in,
suspension, forfeiture or cancellation of, any payments.
7. MATERIAL BREACHES
The Service Providers agree that the actions, conduct or behaviour by a Service Provider
described below constitute material breaches of the Service Provider Agreement:
(a) Exchanging contact information between the Service Provider and the Customer.
(b) Contacting the Customer directly outside or independently of the ComeNow Platform.
(c) Performing any Services for a Customer independently of the ComeNow Platform.
(d) Failing or refusing to attend to or complete the Services within a reasonable time.
(e) Failing or refusing to promptly attend to any necessary or agreed remedial, rectification
or repair work relating to any defects in workmanship performed or materials delivered
by the Service Provider.
(f) Breaching or violating any terms of this Service Provider Agreement.
In the event of the Service Provider’s material breach of the Service Provider Agreement by
reason of such actions, conduct or behaviour by the Service Provider, ComeNow shall have
the right to issue a warning to the Service Provider, or to suspend or ban the Service Provider
from the ComeNow Platform in accordance with Clause 8 (Suspension and Termination).
8. SUSPENSION AND TERMINATION
8.1 ComeNow may, at our absolute discretion, suspend or terminate your Account and your
access to the ComeNow Platform with immediate effect and without any prior written notice to
you, (a) if you have breached or violated any of the terms of this Service Provider Agreement,
our Privacy Policy or any other terms and conditions with us, or (b) without giving any reason
whatsoever.
8.2 In the event of any termination, you will have no right to use or access to our ComeNow
Platform. We will have no obligation to maintain your Account or to retain or forward any
information in your Account, except as required by the applicable law.
9. INDEMNITY AND RELEASE
Each Service Provider agrees and undertakes to release, indemnify and hold ComeNow and
its related companies, and their respective officers, directors, shareholders, employees and
agents, harmless from all demands, claims, actions, proceedings, judgments, orders, decrees,
damages, costs, losses and expenses of any nature whatsoever arising from or in any way
relating to the Service provider’s use of the ComeNow Platform, or performance of the
Services, or any act, omission, default, breach or negligence of any Service Provider, its
employees, agents and contractors, or with any failure by the Service Provider to fully comply
with this Service Provider Agreement.
10. GENERAL
10.1 No failure by us to exercise and no delay by us in exercising any right, power or remedy under
this Service Provider Agreement will operate as a waiver. Nor will any single or partial exercise
by us of any right, power or remedy preclude any other or further exercise of that or any other
right, power or remedy by us. No waiver shall be valid unless in writing signed by us. The
rights and remedies herein are in addition to any rights or remedies provided by law.
10.2 All rights and obligations hereunder are personal to you and you shall not assign any such
rights and obligations to any third party without our prior consent in writing.
10.3 Any clause, stipulation or provision of this Service Provider Agreement, or any part thereof,
which is declared or adjudged to be illegal, invalid, prohibited or unenforceable under any
applicable law in any jurisdiction shall be ineffective to the extent of such illegality, invalidity,
prohibition or unenforceability without invalidating, vitiating or rendering unenforceable the
remaining clauses, stipulations or provisions of this Service Provider Agreement, and any such
illegality, invalidity, prohibition or unenforceability in any jurisdiction shall not invalidate, vitiate
or render unenforceable any such clauses, stipulations or provisions in any other jurisdiction.
11. GOVERNING LAW AND DISPUTE RESOLUTION
11.1 This Service Provider Agreement is governed by, interpreted and construed in accordance with
the laws of the Republic of Singapore.
11.2 You agree that the courts of Singapore shall have exclusive jurisdiction to hear and determine
any action or proceeding arising out of or in connection with this Service Provider Agreement
and for that purpose you irrevocably submit to the exclusive jurisdiction of such courts.
11.3 Any dispute between ComeNow and a Customer arising out of or in connection with this
Service Provider Agreement (the “Dispute”) must be submitted for mediation at the Singapore
Mediation Centre (“SMC”) in accordance with SMC’s Mediation Procedure in force for the time
being. Any party may submit a request to mediate to SMC upon which the other party will be
bound to participate in the mediation within 45 days thereof. Every party to the mediation must
be represented in person by senior executive personnel or its equivalent, with authority to
negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator(s) will
be appointed by SMC. The mediation will take place in Singapore in the English language and
the parties agree to be bound by any settlement agreement reached.
12. DISPUTES BETWEEN CUSTOMER AND SERVICE PROVIDER
ComeNow values our Customers and Service Providers. If a dispute arises between a
Customer and a Service Provider, we encourage the parties to resolve their dispute amicably.
In the event the dispute cannot be resolved independently, the Service Provider agrees, at our
request, to participate in good faith, to the extent the Service Provider is reasonably able to do
so, in a neutral resolution or mediation conducted by a neutral third-party mediator selected by
ComeNow. Notwithstanding the foregoing, you acknowledge and agree that ComeNow is
under no obligation to become involved in or impose resolution in any dispute between the
Customer and the Service Provider. Any legal costs and expenses relating to this dispute
resolution process shall be borne by the parties in dispute and not by ComeNow.
13. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT (CAP. 53B) NOT APPLICABLE
Save for the parties specifically identified in this Agreement, any person or entity who is not a
party to this Agreement whether or not any benefit is conferred or purported to be conferred on
him directly or indirectly has no rights under the Contracts (Rights of Third Parties) Act (Cap.
53B) to enforce any term or condition of this Agreement.