Tradesmen Online Ltd Terms and Conditions of ServicePLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
Tradespeople Terms and Conditions of Service
This page tells you information about us and the legal terms and conditions (Terms) on which we offer for sale the opportunity for you to quote for projects submitted through our website by homeowners (Homeowners). These Terms will apply to any contract between us for the sale of advertising and generating leads to you (Contract). Please read these Terms carefully and make sure that you understand them, before entering into an agreement with us. Please note that before you pay you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to receive job leads, either by text or email, or any other form of advertising.
We amend these Terms from time to time as set out in clause 8. These Terms, and any Contract between us, are only in the English language.
1. Information about us
We operate the website www.tradesmenonline.co.uk. We are Tradesmen Online Limited. A company registered in England and Wales under company number 11974220 located in Stoke -on-Trent, Staffordshire. Our company VAT number is 324 9608 89 We are not owned by another company and we do not buy or sell leads to or from any 3rd party companies. This is our guarantee.
2.1 Homeowners use our site to input details of projects they wish to have carried out which they are looking for tradespeople to quote for (Projects).
2.2 Once a Project is submitted to us we will send details of the Project to the tradespeople who have signed up to receive texts or emails. Tradespeople registered with our site we deem most suitable to the customers requirements will receive the text or email. Customers can also view a profile of the tradesperson if they have signed up for a profile.
2.3 We limit the number of tradespeople who receive the enquiry and you may find that another tradesperson has received the enquiry.
2.4 Please note that we accept no liability for the information provided by Homeowners as the Project descriptions are generated by them and it is your responsibility to verify all details directly with the Homeowner if they successfully engage with your services.
2.5 You irrevocably agree and accept that when you purchase a package, you are purchasing an opportunity to quote for a Project and that we do not offer any guarantee that the Lead will result in any work for you. 3. How the contract is formed between you and us
3.1 We will send details of Leads to your mobile phone or email address which we have determined are suitable for your trade and area and a brief specification of the Project which has been submitted by the Homeowner.
3.2 If you wish to contact the customer then please be professional at all times.
3.3 To make use of this facility, you will need to be prepared to act upon enquiries at your earliest opportunity. 3.4 If you do not wish to accept an enquiry then you are under no obligation to do so.
4. How to pay
4.1 You can only pay for the service in full before you go live on the website, using a debit card or credit card. We accept the following cards: Visa [Debit & Credit], Mastercard [Debit & Credit], American Express [Debit & Credit]. We can provide our bank details upon request under certain circumstances.
4.2 An invoice will be generated at the beginning of your subscription setting out the the areas and trades that you will be covering along with any other purchases that you have paid for and agreed to.
4.3 You warrant that you are a tradesperson, registered with our website, and that you have purchased a package acting in the course of your business and therefore that you are not entitled to claim chargebacks (a remedy available to consumers only). You hereby indemnify us against any costs associated with us investigating and/or defending any charge back claimed by you.
4.4 Notwithstanding clause
4.3 above, in the event that a chargeback is claimed against your debit or credit card then we reserve the right to charge your debit or credit card with the sum of £15 plus VAT in respect of our administration charges for undertaking any investigation.
4.5 All subscriptions are on a 6 month rolling basis. We will need a cancellation in writing (post, not email) 7 days prior to renewal date or the subscription will automatically renew and all monies will be payable. This guarantees the renewal price to be at the original price. No price increases will be payable under these circumstances. There will be two(2) start dates, 1st and 15th of every month, and two(2) end dates, 30th and 14th of every month.
5. Refund Policy
5.1 Due to the nature of what we are selling, Leads are sold on an “as seen” basis.
5.2 We will listen to refund queries from the account holder and nobody else within the organisation. We will also listen to refund queries for the following:
(a) do not contain sufficient information for you to contact the Homeowner, for example, an invalid phone number; or
(b) is a duplicate Lead
5.3 If you believe that a Lead you have purchased is an Invalid Lead, you must notify us within 48 hours of receiving the lead. You must provide sufficient detail for us to identify the reasons that you believe the Lead is an Invalid Lead.
5.4 Without exception, we will only investigate potential Invalid Leads that have been reported in accordance with clause 5.3.
5.5 We will conclude our investigation within five working days of receipt of notice validly served in accordance with clause 5.3 and you accept that our decision is final and binding.
5.6 If we determine that more than one Lead was an Invalid Lead we may, at our entire discretion, refund the cost of the service(s). For the avoidance of doubt, we will not refund your payment card.
5.7 We will not refund any services on our website if it has been determined that you have not followed up on the Lead.
6. Use of our site
Your use of our site is governed by our Policy. Please take the time to read these, as they include important terms which apply to you.
7. How we use your personal information
8. Our right to vary these Terms
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you renew your subscription, the Terms in force at the time of your order will apply to the Contract between you and us.
9. Our liability
9.1 We only supply the Leads/enquiries for internal use by your business, and you agree not to use any Leads sent to you for any resale purposes.
9.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation.
9.3 Subject to clause
9.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: (a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
9.4 Subject to clause 9.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Fee paid for the subscription to which the losses relate.
9.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the subscription. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Leads are suitable for your purposes.
10. Events outside our control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 10.2.
10.2 An Event Outside Our Control means any act or event beyond our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
10.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
10.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us.
11. Communications between us
11.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
11.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
11.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
11.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
11.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
12. Entire Agreement
12.3 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
13. Other important terms
13.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
13.2 You may only transfer your rights or your obligations under these Terms with our prior written consent.
3.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
13.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.6 A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
13.7 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).