Welcome to VETTEDBUILDER LTD!
What Parts of These Terms Apply to Me?
This agreement governs your use of the VettedBuilder platform, including our website, mobile applications and in-app messaging and related services (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, VETTEDBUILDER LTD (company no. 17041601) being a company incorporated in England and Wales with registered office address at 69 Stokoe Avenue, Altrincham, WA14 4LF ("VettedBuilder", the "Company", "we" or "us"). For the avoidance of doubt, we operate the Platform as an intermediary only: we do not provide building or trade services, we do not set the price or other terms of any works, and we do not collect, hold, process or handle payments for works. Any contract for works (and any related payments, warranties and liability) is strictly between the Customer and the relevant Service Provider and is entered into outside the Platform.
The remainder of this agreement is divided into three parts:
- Part A (All Users), which sets out terms that apply to all Users;
- Part B (Service Providers), which sets out additional terms that apply to Service Providers, being builders and other tradespeople who offer services to Customers through the Platform; and
- Part C (Customers), which sets out additional terms that apply to Customers, being household consumers who request or receive services from Service Providers through the Platform.
If you intend to use the Platform as a Service Provider, only Part A and Part B of these terms will apply to you.
If you intend to use the Platform as a Customer, only Part A and Part C of these terms will apply to you.
When we talk about the "Services" in this agreement, we are referring to the services available through our website and our mobile applications available on the Apple iOS Store and the Google Play Store, and any associated services we offer through the Platform.
If you access or download our mobile application from the Apple App Store, you agree to Apple's Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service. If you access or download our mobile application from the Google Play Store, you agree to the Google Play Terms of Service and any applicable usage rules. In each case, the terms and conditions of the relevant app store provider will apply in addition to this agreement.
Part A — All Users
1. Eligibility
- This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
- over the age of 18 years and accessing the Platform for personal use; or
- accessing the Platform on behalf of someone under the age of 18 years old and consent to that person's use of the Platform.
- Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian's consent, or if you have previously been suspended or prohibited from using the Platform.
- If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then "you" or "User" means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
2. Accounts
- In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
- As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information (including information required for identity verification and/or for billing our Fees, where applicable) as determined by the Company from time to time.
- You warrant that any information you give to the Company in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
- Correspondence between Users should take place on the Platform (including via in-app messaging) to support transparency, safety and dispute handling. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree not to share contact details with any other User until a Customer and a Service Provider have agreed to proceed with a job through the Platform (including the key terms of the proposed works such as scope, timing and price), except where sharing limited contact details is reasonably necessary for safety or to facilitate arranging an inspection or quote requested through the Platform. For Service Providers not on a Subscription Fee plan, agreeing to proceed with a job will trigger the Lead Fee as set out in Part B, clause 5.
- Once you complete the Account registration process, the Company may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
- The Company reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
- The Company may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
3. User Obligations
As a User, you agree:
- not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
- to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify the Company of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform's security;
- to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
- in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
- in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by the Company;
- not to act in any way that may harm the reputation of the Company or associated or interested parties or do anything at all contrary to the interests of the Company or the Platform;
- not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of the Company;
- that the Company may change any features of the Platform or Services offered through the Platform at any time without notice to you;
- that information given to you through the Platform, by the Company or another User including a Service Provider, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
- that the Company may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.
4. Posted Materials
Warranties
By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
- you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
- the Posted Material is accurate and true at the time it is provided;
- any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
- the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
- the Posted Material is not "passing off" of any product or service and does not constitute unfair competition;
- the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
- the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
- the Posted Material does not breach or infringe any applicable laws.
Licence
- You grant to the Company a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for the Company to use, exploit or otherwise enjoy the benefit of such Posted Material.
- If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release the Company from any and all claims that you could assert against the Company by virtue of any such moral rights.
- You indemnify the Company against all damages, losses, costs and expenses incurred by the Company arising out of any third party claim that your Posted Material infringes any third party's Intellectual Property Rights.
Removal
- The Company acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, the Company may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
- You agree that you are responsible for keeping and maintaining records of Posted Material.
5. Refunds, Service Interruptions and Cancellations
The Company will have no liability or obligation to you if:
- a Customer or Service Provider cancels at any time after the time for performance of the Service Listing is agreed; or
- for whatever reason, including technical faults, the services in a Service Listing cannot be performed or completed,
and you will not be entitled to any compensation from the Company.
6. Identity Verification
- (Verification) We may offer or require Users to verify their details (including, for Customers, email address and mobile number using one-time passcodes, and, for Service Providers, identity and business details using our processes and/or an external identity verification service as applicable (Verification Service).
- (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 16 (and, where applicable, our Cookies Policy and any Data Processing Agreement referenced there). Where a Verification Service is used, you acknowledge and agree that:
- we may contact and share your personal information with a Verification Service to verify your details;
- you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
- (Fees) We may charge fees for the Verification Service (if any), as set out on the Platform.
- (Warranty and Indemnity) You acknowledge and agree that:
- we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or that verification will ensure you contract with a suitable person or receive suitable services;
- you should make your own inquiries as to other Users' identities before engaging in contracts with those Users; and
- we do not endorse any User, Service Listing or Verification Service.
7. Online Payment Partner
- We may use a third-party online payment partner, currently Stripe (Online Payment Partner) to process payments for our Fees and other amounts payable to us on the Platform. We do not store your full card details; card payments are processed by the Online Payment Partner.
- The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.
- To the maximum extent permitted by applicable law, you agree that we are not responsible for, and you release the Company and its employees and agents from, liability for loss, damage or injury suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner's platform or any error or mistake in processing a payment.
- We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
8. Service Limitations
The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree that the Company cannot and does not represent, warrant or guarantee that:
- the Platform will be free from errors or defects;
- the Platform will be accessible at all times;
- messages sent through the Platform will be delivered promptly, or delivered at all;
- information you receive or supply through the Platform will be secure or confidential; or
- any information provided through the Platform is accurate or true.
9. Intellectual Property
- The Company retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
- You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it through the Platform for your personal, non-commercial use in connection with your permitted use of the Services. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from the Company or as permitted by law.
- In this clause 9, "Intellectual Property Rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement in the United Kingdom and throughout the world.
10. Third Party Content
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). The Company accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
11. Third Party Terms
- Any third party goods or services you choose to obtain, access or use in connection with the Platform (including any third party payment service you use outside the Platform to pay a Service Provider) may be subject to the terms and conditions of that third party (Third Party Terms), including 'no refund' policies.
- Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by obtaining or using those goods or services, the User will be taken to have agreed to such Third Party Terms.
12. Disputes Between Users
- You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
- If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to the Company via the in-app support function or via our support email address displayed on the Platform. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
- Any costs you incur in relation to a complaint or dispute will be your responsibility.
- The Company has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
- The Company reserves the right to restrict access to the Platform and/or relevant Accounts or content in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
- If you have a dispute with the Company, you agree to notify us first and make reasonable efforts to resolve the dispute with us in good faith before commencing proceedings.
- Notwithstanding any other provision of this clause 12, you or the Company may at any time cancel your Account or discontinue your use of the Platform.
13. Security
The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
14. Disclaimer
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(Introduction service) The Company is a medium that facilitates the introduction of Customers and Service Providers for the purposes of allowing Customers to request and negotiate services with Service Providers. The Company may charge fees to Service Providers in consideration for providing this introduction and Platform service and does not have any obligations or liabilities to, and is not a party to, any contract between Customers and Service Providers (including any contract for works and any payment terms), whether in relation to such services or otherwise resulting from the introduction.
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(Limitation of liability) Nothing in this agreement excludes or limits liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation;
- breach of data protection obligations under Applicable Privacy Laws; or
- any other liability which cannot lawfully be excluded or limited.
Subject to the above, the Company's total aggregate liability arising out of or in connection with the Platform shall be limited to:
- where the User is a Service Provider, the greater of £5,000 or the total Fees paid by that Service Provider to the Company in the preceding 12 months; and
- where the User is a Customer, £1,000.
The Company shall not be liable for any indirect or consequential loss, loss of profit, loss of business, loss of opportunity, or loss of goodwill.
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(Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
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(Indemnity) You agree to indemnify the Company only to the extent that loss arises directly from your material breach of this agreement or your unlawful use of the Platform.
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To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.
15. Confidentiality
You agree that:
- no information owned by the Company, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
- all communications involving the details of other users on this Platform and of the Service Provider are confidential and must be kept as such by you and must not be distributed nor disclosed to any third party.
16. Privacy
You agree to be bound by the clauses outlined in the Company's Privacy Policy, which can be accessed at https://vettedbuilder.com/privacy. Our Privacy Policy contains important information about how we collect, use, disclose and store your personal information, including voice data for Service Providers using voice-enabled features, and details about our use of UK-based data storage.
17. Collection Notice
- We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you (including via in-app messaging and support), to verify your identity where required, to process our Fees where applicable, to respond to your enquiries and complaints and for other purposes set out in our Privacy Policy. For Service Providers, where you use voice-enabled features on the Platform, we may collect and process voice data (including voice commands and audio recordings) to convert speech to text, to enable voice-based interaction with the Platform, and to train and improve our AI modules. Voice data may be processed using third-party AI services (including large language models). Further details about how we collect, use, store and retain voice data are set out in our Privacy Policy.
- Our Privacy Policy contains more information about how we use, disclose and store your information (including voice data where applicable) and details how you can access and correct your personal information. Where we store data, we use servers located in the United Kingdom to store User data, including personal information and User content.
18. Notice Regarding Apple
If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
- this agreement is between you and the Company and not with Apple. Apple is not responsible for the Services or any content available on the Services;
- Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
- in the event of any failure of the Company to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be the Company's responsibility;
- Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
- product liability claims;
- any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection, privacy, or similar legislation;
- in the event of any third party claim that the Services or your use of the Services infringes any third party's intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
- that you represent and warrant that:
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
- you are not listed on any U.S. Government list of prohibited or restricted parties;
- you must comply with applicable third party terms of this agreement when using the Services; and
- Apple, and Apple's subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.
19. Termination
- The Company reserves the right to terminate a User's access to any or all of the Platform (including any listings, memberships or Accounts) at any time without notice, for any reason.
- In the event that a User's Account is terminated:
- the User's access to all posting tools on the Platform will be revoked;
- the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
- the User may be unable to view the details of other Service Providers (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.
- Users may terminate their Account, and any other membership they hold in connection with the Platform, at any time by using the Platform's functionality, where such functionality is available. Where such functionality is not available, the Company will effect such termination within a reasonable time after receiving written notice from the User.
- Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
20. Tax
You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and the Company will not be held accountable in relation to any transactions between Customers and Service Providers where tax related misconduct has occurred.
21. Record / Audit
To the extent permitted by law, the Company reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving the Company.
22. Notices
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A notice or other communication to a party under this agreement must be:
- in writing and in English; and
- delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
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Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
- 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in England and Wales, in which case the notice will be taken to be given on the next occurring business day; or
- when replied to by the other party,
whichever is earlier.
23. General
23.1 Governing Law and Jurisdiction
This agreement is governed by the law applying in England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
23.2 No Agency / No Partnership
The Company acts solely as an independent intermediary platform facilitating introductions between Customers and Service Providers. Nothing in this agreement creates any partnership, joint venture, agency, employment, fiduciary or other relationship between the Company and any User, nor between Users themselves. The Company is not the agent of any Customer or Service Provider for any purpose and has no authority to bind any User to any contract.
23.3 Third Party Rights
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
23.4 Waiver
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
23.5 Severance
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
23.6 Joint and Several Liability
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
23.7 Assignment
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
23.8 Costs
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
23.9 Entire Agreement
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
23.10 Interpretation
- (singular and plural) words in the singular includes the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word "includes" and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
Part B — Service Providers
1. Eligibility and Qualifications
- You must verify that any Customer is over 18 years old or has their parent or guardian's consent to use the Platform.
- If in any of your Service Listings or anywhere on your Account you hold yourself out to possess certain qualifications (Qualifications), you warrant to the Company that you do hold such Qualifications and if requested, will promptly provide the Company with evidence of the Qualifications.
2. Service Listings
You acknowledge and agree that:
- you must use your best endeavours to provide as much information as possible in any listing you submit to the Platform in which you offer to provide services (Service Listing);
- the Company may choose not to accept any Service Listing you submit to the Platform, and the Company may limit the number of Service Listings you can submit to the Platform;
- any information you supply in a Service Listings must be true, timely and accurate;
- you must take all reasonable steps to complete the services as described in every Service Listing that is accepted by a Customer, including by not cancelling any part of such a Service Listing;
- you must deal with any dispute with a Customer in accordance with clause 12 of Part A;
- any additional terms and conditions relating to a Service Listing, or a quote provided via the Platform, are solely between you and the relevant Customer and do not involve the Company in any way, except that they must not be inconsistent with your or the Customer's obligations under this agreement; and
- the Company will have no responsibility for the accuracy, reliability or timeliness of any Customer's response to a Service Listing.
3. Service Requests
- From time to time, the Platform may, using its algorithm, direct to you requests for services that have been submitted to the Platform by Customers (Service Requests). The Platform will generally direct you to Service Requests that are related to your Service Listings, though the Company does not guarantee this.
- When the Platform directs you to a Service Request, you will be able to view details of the specific services requested, however you will not be able to view the contact details of the Customer who submitted the Service Request.
- If you pay the relevant Fees set out on the Platform in respect of using Service Provider features (including responding to a Service Request), you will be able to communicate with the Customer via in-app messaging. Contact details (such as phone numbers and email addresses) may only be shared once you and the Customer have agreed to proceed with a job through the Platform (including the key terms such as scope, timing and price), and then only to the extent reasonably necessary to perform the agreed works. Note that payment of Fees does not automatically "unlock" contact details; sharing of contact details is permitted only after agreement to proceed in accordance with clause 2(d) of Part A.
4. Provision of Services
- You must ensure that all services specified in a Service Listing that is accepted by a Customer are provided:
- in accordance with all applicable laws, regulations, tax obligations and industry standards;
- with due care and skill and in a professional, punctual and diligent manner;
- so that the services are fit for their intended purpose; and
- on the date and at the times set out in the Service Listing.
- You acknowledge and agree that a Customer may review any Service Listing or services you provide under a Service Listing on the Platform in accordance with clause 4 of Part C of this agreement.
- If a Customer requests to reschedule the delivery time for the services listed in a Service Listing, you may choose to accept or reject such a request.
5. Fees
- Viewing the Platform and posting a Service Listing may be free, unless we state otherwise on the Platform.
- You must pay the applicable fees to use certain Service Provider features (Fees) as follows (unless we agree otherwise with you in writing): (i) a subscription fee of £30 per month (including VAT) (Subscription Fee); or (ii) if you are not on a Subscription Fee plan, a fee of £12 (including VAT) for each Lead (Lead Fee). For the purposes of this clause: a "Lead" means a Service Request presented to you through the Platform.
- You must pay invoices for Fees by the due date stated on the invoice (or, if no due date is stated, within 7 days of the invoice date). We may process payment for Fees via our Online Payment Partner or by any other payment method made available on the Platform from time to time.
- If you do not pay Fees when due, we may (without limiting any other rights) suspend or restrict your Account, limit your ability to respond to Service Requests, and/or charge reasonable costs of recovery (including external collection agency fees) to the extent permitted by law.
- The Company reserves the right to change or waive the Fees at any time by updating this agreement or updating the Fees displayed on the Platform, on written notice to you. We will provide you with at least 14 days' written notice if this occurs, and upon receipt of such notice you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.
- You acknowledge and agree that, unless applicable laws or regulations require otherwise, Fees are stated as inclusive of VAT where specified in this agreement or on the Platform, and we may separately state VAT on invoices where required.
6. Refunds and Cancellations
- Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a service set out in an accepted Service Listing, before you have performed all the relevant services, you must contact us using the Platform's functionality, including by providing details as to why you are cancelling. If the Company decides to investigate your request, you must provide assistance and information to the Company as reasonably requested.
- You must ensure that your cancellation policy and refund policy in relation to you or Customers cancelling an accepted Service Listing is in compliance with all applicable laws.
- If we accept your request to cancel a service set out in an accepted Service Listing, we may take one or more of the following actions:
- cancel your Account and/or any membership you hold in connection with the Platform;
- remove or amend relevant Service Listings and/or restrict your access to respond to Service Requests; and
- require you to pay any outstanding Fees due to us in connection with your use of the Platform, and issue you with an invoice for those Fees.
- The Fees are by default non-refundable for change of mind. However, the Company may, in its absolute discretion, acting reasonably and in good faith, issue refunds of Fees in certain circumstances.
- You agree to honour and comply with the process set out in this clause 6 in the event of a pricing error in a Service Listing.
7. Bypassing
- You agree that while you are a Service Provider on the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about through the Platform other than in connection with a job that has been agreed through the Platform. This provision will apply whether or not the Customer or their representative is still active on the Platform.
- The Company may, acting reasonably and in good faith, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 7.
8. Binding Contract
You agree that when a Customer submits an enquiry in response to your Service Listing, this constitutes their intention and offer to enter into a contract with you, where you will provide the Customer with the service as specified in the relevant Service Listing, in exchange for payment of the relevant Quoted Amount (payable by the Customer to you outside the Platform). A contract is formed in this respect (between you and the Customer) when you confirm via the Platform (including by message on the Platform) that you accept the Customer's offer.
9. Warranties
By listing yourself as a Service Provider on the Platform, posting a Service Listing or responding to a Service Request, you represent and warrant that:
- you are able to fulfil the requirements of the services specified in the Service Listing or Service Request;
- you will provide services to each Customer:
- using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
- in compliance with all applicable laws; and
- any individuals involved in your performance of services to any Customer have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.
Part C — Customers
1. Service Listings, Service Requests and Fees
- You acknowledge and agree that:
- if you respond to a Service Listing or confirm a Service Request once a Service Provider responds to it, that will constitute your offer and intention to enter into a contract with the Service Provider; and
- any terms and conditions relating to services or a quote provided via the Platform are solely between you and the relevant Service Provider and do not involve the Company in any way, except that such terms and conditions must not be inconsistent with your or the Service Provider's obligations under this agreement.
- When you submit a Service Request on the Platform, you must:
- only submit requests that are bona fide and accurate; and
- truthfully fill out all the information requested by the Platform in relation to the Service Request.
2. Payment
- (Payment obligations) Payment terms for services are agreed between you and the Service Provider. Unless otherwise agreed in writing with the Service Provider, you should not pay any money until you are satisfied you understand what you are paying for, the scope of works and the applicable terms. You acknowledge and agree that all payments for works are made directly between you and the Service Provider outside the Platform, and the Company is not a party to, and is not responsible for, those payment arrangements.
- (Payment method fees) Any fees or surcharges charged by your bank or payment provider in connection with payments you make to a Service Provider outside the Platform are between you and the relevant third party.
3. Cancellations
- The Company will have no liability or obligation to you if a Service Provider cancels a Service Listing after it has been agreed and you will not be entitled to any compensation from the Company in relation to any such cancellation.
- If you wish to cancel services specified in an agreed Service Listing, before the Service Provider has performed them, you must contact the Service Provider. If the Company decides to investigate your cancellation, you must provide assistance and information to the Company as reasonably requested.
- If you cancel a service specified in an agreed Service Listing, whether the relevant Quoted Amount paid by you is refundable will depend on the cancellation policy and refund policy of the relevant Service Provider.
4. Ratings and Reviews
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Customers may rate a Service Listing (Rating) and/or may provide feedback to Service Providers regarding the services Customers received from them (Review).
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Customers' Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Service Provider Account and/or Service Listing is removed or terminated.
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Customers must only provide true, fair and accurate information in their Reviews.
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If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Customer from posting further Reviews. We do not undertake to review each Review made by Customers.
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To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
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You may not publish Reviews of Service Providers to whom you have a personal or professional relationship (separately from the Platform).
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You may only write a Review about a Service Provider if you have had a buying or service experience with that Service Provider, which means that:
- you have purchased a service from that Service Provider following an introduction through the Platform; or
- you have placed an order with the Service Provider via the Platform; or
- you can otherwise document your use of the Service Provider's service, including via correspondence or other interaction with the Service Provider via the Platform,
(collectively referred to as a Service Experience).
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You may only write about your own Service Experience. You are not permitted to write a Review about somebody else's Service Experience, such as that of a family member or friend.
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You may not write a Review about a Service Provider you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Service Provider, or work for the Service Provider. Similarly, you may not write a Review about a direct competitor to the Service Provider you own, are employed by or work for.
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Your Service Experience must have occurred within the last 12 months when you submit a Review.
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You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Service Provider to write a Review, you should include information about this in your Review. Incentives include the Service Provider offering you a gift, reward, discount or advantage for writing a Review about the Service Provider.
5. Linked Businesses
You acknowledge and agree that:
- the Platform provides links and introductions to Service Providers owned and operated by third parties that are not under the control of the Company;
- the provision by the Company of introductions to Service Providers does not imply any endorsement or recommendation by the Company of any Service Provider;
- the Company does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Service Provider who uses or is listed on the Platform; and
- any terms and conditions relating to a Service Listing or quote provided via the Platform constitute a contract between you and the Service Provider once agreed in accordance with clause 1 and do not involve the Company in any way.
6. Communication Outside the Platform
- You should not communicate with a Service Provider outside the Platform before you have agreed the key terms of the proposed works (such as scope, timing and price) through the Platform. After a Customer and Service Provider have agreed to proceed, they may communicate outside the Platform to the extent reasonably necessary to perform the agreed works (including sharing contact details in accordance with clause 2(e) of Part A).
- The Company, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 6.