TRADESPERSONS

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1. INTERPRETATION

1.1 The following definitions and rules of interpretation apply to these Terms.

Account: your account to access and use the Platform.

Agreement: these terms and conditions, and any other documentation referred to within, which form the agreement between you and us.

Call-Out Fee: part of the Price payable by the Customer upfront in accordance with the Customer Terms.

Cancellation Policy: clause 9 of the Customer Terms.

Complaints Policy: our policy for handling Customer complaints, a copy of which is available on request by contacting us at info@getphixed.co.uk.

Confidential Information: all confidential information (however recorded or preserved) disclosed by a party or its employees, consultants, officers, representatives, advisers, agents or sub-contractors involved in the provision or receipt of the Services to the other party or that party's representatives in connection with this Agreement which information is either labelled as such or should reasonably be considered as confidential because of its nature and the manner of its disclosure.

Confirmation: confirmation via the Platform of the Tradesperson's acceptance of the Job.

Consumer Reviews Policy: our policy governing Customer reviews, a copy of which is available on request by contacting us at info@getphixed.co.uk.

Contact Details: available via the Website and Platform.

Contract: the contract between you (the Tradesperson) and the Customer.

Customer: any individual using the Platform for the purposes of obtaining the Services.

Customer Terms: the terms on which the Contract is formed between you and the Customer, being the Phixed Consumer Terms and Conditions as updated from time to time.

Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 (SI 2003 No. 2426) as amended.

Hire Request: the Customer's request to hire you in accordance with the Quotation.

Hourly Rate: the Tradesperson's hourly rate (for the first hour and any subsequent hours) provided within the Quotation for Urgent Jobs.

Inspection: the Tradesperson's visit to the Property, without cost or obligation, prior to issuing a Quotation (for Scheduled Jobs only and arrange via the messaging function on the Platform).

Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, moral rights, artists rights, performers rights, rights in film, image rights and protect the confidentiality of the same, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world in all media.

Job: the maintenance project or requirement requested by the Customer.

Job Completion: confirmation by the Tradesperson via the Platform that the Job has been completed.

Job Request: the Customer's posting of an issue or maintenance project via the Platform.

Material Costs: the anticipated, or actual, costs incurred by the Tradesperson in respect of the Service.

Phixed (we/us/our): Phixed Group Ltd (Company No. 16667679) whose registered office is at Unit 14 Rockhaven Business Center, Gravenchon Way, Street, Somerset, United Kingdom, BA16 0HW.

Platform: the Phixed mobile application, available on the Apple App Store at https://apps.apple.com/us/app/phixed-bristol-tradespeople/id6757807504 and on Google Play at https://play.google.com/store/apps/details?id=com.phixed.

Platform Terms: these terms and conditions, which govern your use of the Platform, as updated from time to time.

Privacy Policy: our Privacy Policy as updated from time to time which can be found on our Website at: https://www.getphixed.co.uk/privacy-policy.html

Property: the site of the Job, being the address provided by the Customer and as shown in the Platform to which the Job relates.

Price: the price of the Services set by the Tradesperson.

Quotation: the Tradesperson's request to complete the Job, including the Tradesperson's estimated or fixed Price for providing the Service.

Quoted Price: the price quoted to the Customer, being the Price set by the Tradesperson and the Service Fee.

Service Fee: 17% of the Price per Job.

Scheduled Job: a Job that is not deemed urgent by the Customer and uploaded to the Platform accordingly.

Scheduled Start Time: the time the Tradesperson will attend the Property to perform the Services for Scheduled Jobs. For Urgent Jobs, the Scheduled Start Time shall mean the time estimate provided in the Quotation.

Services: the skilled labour service provided by the Tradesperson to the Customer in respect of a Job.

Tradesperson (you/your): any business, partnership or sole trader who registers on the Platform in order to provide the Service.

Urgent Job: a Job deemed urgent by the Customer and marked in the Platform accordingly.

VAT: value added tax chargeable in the UK.

Website: https://www.getphixed.co.uk/index.html or such other website used by us from time to time.

1.2 A reference to a statue or statutory provisions includes all subordinate legislation made as at the date of this Agreement under that statute or statutory provision.

1.3 Unless the context otherwise requires, words in the singular shall include the plural and vice versa.

1.4 Any words shown in italics or following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.5 Any reference to writing or written includes delivery by us of messages through the Platform, email but not fax, instant messaging or other internet messaging platform.

2. OUR CONTRACT WITH YOU

2.1 The Tradesperson appoints us to act as its agent in the provision of the Services, via the Platform.

2.2 We provide both Customers and Tradespersons with the Platform as principle and in accordance with the Platform Terms.

2.3 To contact us, please use the Contact Details.

3. YOUR CONTRACT WITH THE CUSTOMER

3.1 The contract for the provision of the Services shall be between you (the Tradesperson) and the Customer.

3.2 You agree to be bound by the Customer Terms. If you breach the Customer Terms, we reserve the right to terminate this Agreement, and the Customer may bring action against you.

4. PHIXED'S OBLIGATIONS

4.1 Phixed shall:

Platform

4.1.1 provide the Platform to the Tradesperson in accordance with the Platform Terms;

4.1.2 take reasonable steps to make the Platform available to the Tradesperson at all times, except during necessary downtime or for reasons outside of Phixed's control;

4.1.3 provide reasonable notice via the Platform of any scheduled maintenance where possible;

Account

4.1.4 review the Tradesperson's request to create an Account;

4.1.5 where the Tradesperson meets the minimum requirements, create an Account for the Tradesperson;

4.1.6 host the Tradesperson's Account on the Platform for the duration of the term of this Agreement;

Customers

4.1.7 apply the Platform's ranking algorithm fairly and consistently to connect the Tradesperson with Customers;

4.1.8 permit the Customer to leave feedback and reviews regarding the Tradesperson in accordance with Phixed's Consumer Review Policy; and

4.1.9 deal with Customer complaints in accordance with the Complaints Policy.

5. TRADESPERSON'S OBLIGATIONS

5.1 As a Tradesperson, you shall:

Platform

5.1.1 use the Platform in accordance with the Platform Terms;

5.1.2 keep login credentials secure and restrict access to the Account to authorised users only;

Eligibility and Account information

5.1.3 ensure that all documentation, including certifications, uploaded to your Account are legitimate documents;

5.1.4 be solely responsible for the veracity of information uploaded to your Account, including qualifications, certifications and years of experience;

5.1.5 ensure that the details within your Account are kept up to date at all times and notify us of any inaccuracies that you can update yourself;

Financial obligations

5.1.6 be solely responsible for paying all applicable taxes in respect of monies received for the Services;

Provision of the Services

5.1.7 be solely responsible for the provision of the Services to the Customer and complete the Services with reasonable care and skill;

5.1.8 comply with the Customer Terms;

5.1.9 review Job Requests posted by Customers via the Platform;

5.1.10 submit a Quotation via the Platform for any Job Requests the Tradesperson wishes to provide the Services for;

5.1.11 ensure all Quotations include: (a) the Price; (b) the Hourly Rate (for Urgent Jobs); (c) estimated Material Costs (where such costs are charged separately for Urgent Jobs); (d) the Scheduled Start Time;

5.1.12 authorise Phixed to charge the Service Fee to the Customer as part of the Quoted Price;

5.1.13 be solely responsible for declaring its VAT status when submitting a Quotation via the Platform to enable this to be included in the Price;

5.1.14 arrange an Inspection if required for Scheduled Jobs and ensure that such Inspections are: (a) arranged via the messaging function on the Platform; (b) free of charge; (c) without obligation on the Customer; and (d) be followed by a Quotation.

5.1.15 authorise Phixed to issue the Confirmation on your behalf where the Customer submits a Hire Request to accept the Quotation. We will not issue a Confirmation until payment of the Call-Out Fee has been received from the Customer, as acceptance is conditional on payment of the Call-Out Fee. Before issuing the Confirmation, the Tradesperson may cancel the Job if they are no longer able to assist;

5.1.16 recognise that the contract between the Customer and the Tradesperson is formed upon the Customer's receipt of the Confirmation;

5.1.17 honour all Jobs that have been accepted via Confirmations, performing the Services strictly in accordance with the Quotation and Confirmation;

5.1.18 comply with the Cancellation Policy where applicable;

Customer contact

5.1.19 conduct all Customer communications via the Platform;

5.1.20 accept and agree that should a Customer who has been introduced to the Tradesperson via the Platform request further Services from the Tradesperson directly, the Tradesperson must inform Phixed and request that the Customer submit a Job Request via the Platform;

Professional Standards and Health and Safety

5.1.21 only provide Quotations and the Services for those Jobs which you have the required skills and experience to be able to complete, and be solely responsible for such assessment;

5.1.22 have a sole duty of care for safety compliance whilst attending the Property to complete the Services;

5.1.23 comply with all legislation and regulations relating to or impacting the provision of the Services;

5.1.24 ensure that you have a valid Public Liability Insurance policy to a minimum value of £5 million;

Reviews and feedback

5.1.25 not submit or encourage others to submit falsified (in whole or in part) or misleading reviews or feedback on your Account;

5.1.26 report any suspicious reviews/feedback to Phixed promptly.

5.2 The Tradesperson warrants that: (a) they have the right to enter into this Agreement; and (b) meet the requirements to provide the Services under this Agreement.

5.3 The Tradesperson acknowledges that:

5.3.1 Phixed does not (and shall not be deemed to) make any guarantee or promise with respect to the number of Jobs that will be available to the Tradesperson in any given year or otherwise;

5.3.2 Phixed shall not undertake any due diligence or vetting process with respect to Customers;

5.3.3 any income projections provided by Phixed are indicative only and are not to be relied upon by the Tradesperson;

5.3.4 by charging the Service Fee to the Customer, the Quoted Price will be higher than the Price submitted by the Tradesperson in the Quotation. For example: If the Tradesperson submits a Quotation with an Hourly Rate of £200 plus VAT for the first hour and £150 plus VAT for subsequent hours, the Quoted Price will be £234 plus VAT for the first hour and £175.50 plus VAT for subsequent hours, accounting for the Service Fee. If the Tradesperson submits a Quotation for a Scheduled Job with a fixed Price of £300 plus VAT, the Quoted Price will be £351 plus VAT, accounting for the Service Fee.

5.3.5 VAT will be charged on the Service Fee and the Tradesperson is responsible for confirming whether VAT should be charged in respect of the Quotation;

5.3.6 Phixed may apply discounts and offers to Customers and the Tradesperson consents to the same;

5.3.7 Phixed may close the Tradesperson's Account if the Tradesperson does not meet the required standards, including the obligations at clause 5, or is otherwise in breach of this Agreement (see clause 9 Ending the Contract).

6. PAYMENT

6.1 Subject to the remainder of this clause 6, Phixed shall pay to the Tradesperson with respect to each Job, the Price and any other amounts payable to the Tradesperson under the Customer Terms. For the avoidance of doubt, the Service Fee that forms part of the Quoted Price shall be retained by Phixed.

6.2 Phixed use a third party provider to manage payment. Payment will be made via the third party provider in accordance with the third party provider's payment timelines. Phixed shall not be liable for any delay in payment caused by the third party provider.

6.3 Any payments made by the third party provider on behalf of Phixed to the Tradesperson shall be paid to the Tradesperson via the bank details provided. The Tradesperson is responsible for ensuring that Phixed holds the correct details for the Tradesperson.

6.4 Phixed may instruct the third party provider to withhold making payment of any amounts under clause 6.1 where a complaint has been received, in which case Phixed reserves the right to suspend payment until an agreement between the parties has been reached.

7. INTELLECTUAL PROPERTY

7.1 Subject to the remainder of this clause 7, nothing in this Agreement affects or impacts either party's ownership or title to its Intellectual Property Rights and both parties shall retain its respective Intellectual Property Rights.

7.2 In consideration for the benefit of Phixed's services under this Agreement, the Tradesperson grants Phixed a non-exclusive, royalty-free licence for the duration of the Agreement to use the Tradesperson's trade mark, branding and/or trading name in connection with the Tradesperson's use of the Platform and Phixed promotion of the Tradesperson via the Platform.

8. LIABILITY

8.1 No party excludes or limits in any way their liability where it is illegal to do so, and this contract does not seek to exclude or limit liability which cannot be excluded or limited by law.

8.2 Subject to clause 8.1: (a) each party excludes its liability for loss of profits and indirect or consequential loss; (b) Phixed's total liability for loss or damage shall not exceed £5 million; and (c) the Tradesperson's total liability for loss or damage shall not exceed £5 million.

8.3 Phixed shall not be liable for any additional charge, loss, damage or penalty suffered by the Tradesperson, and the Tradesperson shall hereby indemnify Phixed against any loss or liabilities incurred by Phixed as a result of: (a) the Tradesperson breaching any obligation under this Agreement; (b) any taxes incurred; or (c) any claim brought by the Customer or a third party with respect to the Services provided by the Tradesperson to the Customer.

8.4 The liability of the Tradesperson arising in connection with the supply of the Services shall be as set out in the Customer Terms.

9. ENDING THE CONTRACT

9.1 This Agreement commences on the Commencement Date and continues until terminated by either party in accordance with this clause 9.

9.2 Without affecting any other right or remedy available to it, the Tradesperson can terminate this Agreement at any time by notifying Phixed via the Platform that they wish to close their Account. The Tradesperson is only able to terminate the Agreement provided that they have performed the Services to all Customers they have accepted Hire Requests from.

9.3 Without affecting any other right or remedy available to it, Phixed may terminate this Agreement with immediate effect, and close the Tradesperson's Account, by giving notice to the Tradesperson via the Platform if the Tradesperson:

9.3.1 commits a material breach of any term of this Agreement which breach is irremediable or (if breach is remediable) fails to remedy that breach within a period of 28 days after being notified to do so;

9.3.2 repeatedly breaches any terms of this Agreement in such a manner as to reasonably justify the opinion that the Tradesperson's conduct is inconsistent with the Tradesperson having the intention or ability to give effect to the terms of this Agreement; or

9.3.3 is in breach of the Consumer or Platform Terms.

9.4 For the purposes of this Agreement, material breach means a breach that has a serious effect on the benefit the terminating party would otherwise derive from this Agreement.

10. CONSEQUENCES OF TERMINATION

10.1 On termination of this Agreement, Phixed shall: (a) arrange payment via its third party provider to the Tradesperson for any outstanding monies owed to them in accordance with clause 6; (b) close the Account.

10.2 Termination of this Agreement, for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.

11. EVENTS OUTSIDE OF THE PARTIES' CONTROL

11.1 Neither party shall be in breach of these Terms for delay in performing, or failure to perform, any of our obligations under this agreement if such delay or failure results from an Event Outside of the Parties' Control.

11.2 An Event Outside of the Parties' Control includes but is not limited to: strike; civil unrest; civil emergencies; government prohibition or restriction on all or part of the economy, including local lockdowns; pandemic; epidemic; environmental disaster; domestic appliance failure; temporary invasion of pests; and utilities failure or interruption.

11.3 In the event of a pandemic, epidemic or restriction of the movement or people imposed by the government or other competent public authority, we reserve the right to issue specific terms via the Platform and will communicate this to you via the Platform.

12. ENTIRE AGREEMENT AND VARIATION

12.1 This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.

12.2 Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that its only liability in respect of those representations and warranties that are set out in this Agreement (whether made innocently or negligently) shall be for breach of contract.

12.3 Any variation to this Agreement by us shall be effective if it is provided in writing and communicated to the Tradesperson via the Platform. No signature shall be required for the variation to be valid and binding, provided that the notice clearly sets out the terms of the variation. If you wish to terminate the Agreement due to our variation of the terms, you can do so in accordance with clause 9.

13. CONFIDENTIALITY

13.1 Each party may be given access to Confidential Information from the other party in order to perform its obligations under this Agreement. A party's Confidential Information shall not be deemed to include information that: (a) is or becomes publicly known other than through any act or omission of the receiving party; (b) was in the other party's lawful possession before the disclosure; or (c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure.

13.2 Subject to clause 13.4, each party shall hold the other's Confidential Information in confidence and not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of this Agreement.

13.3 Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement.

13.4 A party may disclose Confidential Information to the minimum extent possible if such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction.

14. DATA PROTECTION

14.1 Both parties agree to comply with the requirements of Data Protection Legislation at all times during the Agreement.

14.2 For the purposes of Data Protection Legislation, the parties shall be independent controllers of personal data.

14.3 Each party is separately responsible for its own data processing activities and for informing data subjects of the processing purposes in respect of all personal data which they hold.

14.4 Phixed's treatment of data is further detailed in its Privacy Policy.

15. NO WAIVER

15.1 Failure to exercise, or any delay in exercising, any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.

15.2 No single or partial exercise of any right or remedy provided under this Agreement or by law shall preclude or restrict the further exercise of that or any other right or remedy.

16. ASSIGNMENT

Except as otherwise provided in this Agreement, the Tradesperson may not assign, sub-contract or deal in any way with, any of its rights or obligations under this Agreement or any document referred to in it.

17. NOTICES

17.1 A notice given to a party under or in connection with this Agreement shall be in writing and sent to the party via email to a party's Contact Details or via the Platform or as otherwise notified in writing to the other party.

17.2 Delivery methods: (a) Via Platform – at the time of transmission if within a Business Day, otherwise at 10:00 on the next Business Day after transmission; (b) Email – at the time of transmission if within a Business Day, otherwise at 10:00 on the next Business Day after transmission.

17.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

18. NO PARTNERSHIP

Except as expressly stated, nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.

19. THIRD PARTY RIGHTS

A person who is not a party to this Agreement shall not have any rights under or in connection with it.

20. GOVERNING LAW AND JURISDICTION

The validity, construction and performance of the Agreement shall be governed by English law and any claims or redress sought under it shall be subject to the exclusive jurisdiction of the English courts to which the parties submit.

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CUSTOMERS

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1. INTERPRETATION

1.1 The following definitions and rules of interpretation apply to these Terms.

Account: your account to access and use the Platform.

Call Out Fee: part of the Price payable upfront in accordance with clause 5.4.

Confirmation: confirmation via the Platform of the Tradesperson's acceptance of the Job.

Contact Details: available via the Website and Platform.

Contract: the contract between you (the Customer) and the Tradesperson.

Customer (you/your): any individual using the Platform for the purposes of obtaining the Services.

Hire Request: your request to hire the Tradesperson in accordance with the Quotation.

Hourly Rate: the Tradesperson's hourly rate (for the first hour and any subsequent hours) provided within the Quotation for Urgent Jobs, inclusive of the Service Fee.

Inspection: the Tradesperson's visit to the Property, without cost or obligation, prior to issuing a Quotation (for Scheduled Jobs only and arrange via the messaging function on the Platform).

Job: the maintenance project or requirement requested by the Customer.

Job Completion: confirmation by the Tradesperson via the Platform that the Job has been completed.

Job Request: your posting of an issue or maintenance project via the Platform.

Material Costs: the anticipated, or actual, costs incurred by the Tradesperson in respect of the Service.

Phixed (we/us/our): Phixed Group Ltd (Company No. 16667679) whose registered office is at Unit 14 Rockhaven Business Center, Gravenchon Way, Street, Somerset, United Kingdom, BA16 0HW.

Platform: the Phixed app.

Platform Terms: these terms and conditions, which govern your use of the Platform, as updated from time to time.

Privacy Policy: our Privacy Policy as updated from time to time which can be found on our Website at: https://www.getphixed.co.uk/privacy-policy.html

Property: your Property to which the Job relates.

Price: the total price of the Services, inclusive of the Call-Out Fee and Service Fee.

Quotation: the Tradesperson's request to complete the Job, including the Tradesperson's estimated or fixed Price for providing the Service.

Scheduled Job: a Job that is not deemed urgent by the Customer and uploaded to the Platform accordingly.

Scheduled Start Time: the time the Tradesperson will attend the Property to perform the Services for Scheduled Jobs. For Urgent Jobs, the Scheduled Start Time shall mean the time estimate provided in the Quotation.

Services: the skilled labour service provided by the Tradesperson.

Service Fee: a percentage fee charged by Phixed which is included in the Price.

Tradesperson: any business, partnership or sole trader who registers on the Platform in order to provide the Service.

Terms: these terms and conditions, and any other documentation referred to within, on which the Contract is formed and the Services are provided to you.

Urgent Job: a Job deemed urgent by the Customer and uploaded to the Platform accordingly.

VAT: value added tax chargeable in the UK.

Website: https://www.getphixed.co.uk/index.html or such other website used by us from time to time.

1.2 A reference to a statue or statutory provisions includes all subordinate legislation made as at the date of this Agreement under that statute or statutory provision.

1.3 Unless the context otherwise requires, words in the singular shall include the plural and vice versa.

1.4 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.5 Any reference to writing or written includes delivery by us of messages through the Platform, email but not fax, instant messaging or other internet messaging platform.

2. OUR CONTRACT WITH YOU

2.1 We act as agent for the Tradesperson for the provision of the Services. The contractual relationship will be between you as the Customer and the Tradesperson. We act as agent for the Tradesperson in their provision of the Services to you.

2.2 We provide the Platform as principle. We provide both Customers and Tradespersons with the Platform as principle and in accordance with the Platform Terms.

2.3 Contacting us. To contact us, call our team via the Contact Details.

3. USING THE PLATFORM

3.1 The Platform enables you to post a Job Request, obtain Quotations from different Tradespersons, and accept a Quotation by sending a Hire Request. The Tradesperson will provide the Services in accordance with these Terms and the Quotation, and you will pay for the Services via the Platform. The Platform also enables you to communicate with Tradespersons and track the status of Jobs.

3.2 For full details on using the Platform, please visit the Website.

3.3 Use of the Platform is in accordance with the Platform Terms. The Platform Terms forms part of these Terms and a breach of the Platform Terms shall constitute a breach of these Terms.

4. POSTING A JOB REQUEST

4.1 To arrange the Services of a Tradesperson, you must first post a Job Request via the Platform.

4.2 The Job Request must include: (a) the Property details; (b) a description of the issue requiring a Tradesperson; (c) images of the issue; and (d) confirmation of whether the Job is an Urgent Job or a Scheduled Job.

5. QUOTATION AND ACCEPTANCE

5.1 If a Tradesperson wishes to provide the Services in respect of your Job Request, the Tradesperson shall provide a Quotation via the Platform.

5.2 The Quotation shall include: (a) the Price inclusive of the Call-Out Fee and Service Fee (please see clause 8 regarding how the Price is calculated); (b) the Tradesperson's Hourly Rate (for Urgent Jobs); (c) the estimated Material Costs (for Urgent Jobs where the Material Costs are charged to you separately); and (d) the Scheduled Start Time.

5.3 If you wish to proceed based on the Quotation, you should submit a Hire Request. This does not mean that the Tradesperson has accepted your Job.

5.4 We will confirm acceptance of your Hire Request by issuing a Confirmation via the Platform. We will not issue a Confirmation until we have received payment of the Call-Out Fee. Please read the Confirmation carefully.

5.5 The contract is formed between the Tradesperson and you at the point of you receiving the Confirmation.

6. THE SERVICES

6.1 The Tradesperson shall complete the Services in accordance with the Quotation, and as confirmed by the Confirmation.

6.2 For the avoidance of doubt: (a) timescales provided by the Tradesperson shall be estimates only, and time shall not be of the essence under the contract; (b) the Tradesperson makes no guarantee that they shall be able to complete the Job; and (c) where the Tradesperson requires specific materials to complete the Job, they may leave the Property and arrange a return visit. This will be negotiated with the Customer and depend on the Job type.

7. CUSTOMER'S OBLIGATIONS

7.1 By using the Platform to obtain the Services, you confirm that: (a) any description and/or imagery provided with a Job Request is accurate; (b) you are the owner of the Property, or have obtained the consent of the owner; (c) by submitting a Hire Request, you accept the Tradesperson's Quotation, including the Price; (d) you will grant the Tradesperson unobstructed access to the Property at the Scheduled Start Time (or otherwise agreed between the parties) and for the purposes of Inspection; (e) you, and any other attendees at the Property, will adhere to the safety guidance provided by the Tradesperson whilst they are conducting the Services at the Property.

8. PRICE AND PAYMENT

8.1 The provision of the Services by the Tradesperson is not confirmed, and no contract exists, until the Call-Out Fee has been received by us and a Confirmation issued via the Platform.

8.2 Once you have paid the Call-Out Fee and received the Confirmation, you will become liable for the total Price. Where the total Price exceeds the Call-Out Fee, the remaining balance must be paid immediately on Job Completion via the Platform. If you have any questions about the remaining balance please discuss these with the Tradesperson at the point of Job Completion.

8.3 Urgent Jobs

8.3.1 The Tradesperson shall provide their Hourly Rate in the Quotation. The Hourly Rate shall include a rate for the first hour, and the rate for any subsequent hours. The first hour shall be the Call-Out Fee payable upfront in accordance with clause 5.4.

8.3.2 The Price for Urgent Jobs shall be determined on Job Completion based on actual time incurred by the Tradesperson. The Price shall be calculated based on whole hour increments. For example, if a Tradesperson has an Hourly Rate of £100 for the first hour and £50 for any subsequent hours and spends 1 hour and 20 minutes completing the Job, the Price will be £150. Using the same rates, if the Tradesperson spent 2 hours and 50 minutes completing the Job, the Price would be £200. If the Tradesperson spent 3 hours and 1 minute completing the Job, the Price would be £250.

8.3.3 In addition to the Price, you will be liable for any Material Costs incurred by the Tradesperson in the performance of the Service. Where possible, the Tradesperson will estimate the anticipated Material Costs within the Quotation.

8.3.4 The Price and any Material Costs shall be confirmed, and payable, via the Platform on Job Completion.

8.4 Scheduled Jobs

8.4.1 The Tradesperson shall confirm the Price (including any Call-Out Fee) within the Quotation for the Scheduled Job. The Price shall be fixed and inclusive of any Material Costs (unless otherwise agreed between you and the Tradesperson).

8.4.2 Where the Tradesperson has agreed to attend the Property for an Inspection prior to providing a Quotation, any indication of price by the Tradesperson shall be an estimate only, and no formal Quotation shall be provided until the Inspection has been completed and a Quotation uploaded to the Platform.

8.5 The Price shall include a Service Fee. Where the Price is calculated based on an Hourly Rate, the Hourly Rate shall include the Service Fee. Unless otherwise stated, the Price and Service Fee shall be inclusive of VAT.

8.6 All payment shall be made via the Platform. We use a third party provider to manage payment via the Platform.

9. CANCELLATION

9.1 Your right to cancel the Job is dependent on the notice given to the Tradesperson, as set out below:

For Urgent Jobs: Over 1 hour notice = Full refund. 1 hour or less notice = 25% of the Price.

For Scheduled Jobs: Over 24 hours notice = Full refund. 24 hours or less notice = 25% of the Price.

9.2 To cancel the Job, you must notify the Tradesperson via the Platform.

9.3 We will confirm the cancellation with you via the Platform, and notify you of any payment due at that time.

9.4 We, or the Tradesperson, may have to cancel a Job for reasons, including but not limited to, the unavailability of the Tradesperson or the unavailability of key materials. We, or the Tradesperson, will contact you promptly if this happens, and will if possible and as soon as we reasonably can, offer you: (a) an alternative date for a Scheduled Job; or (b) a full refund.

9.5 The full extent of our liability is set out in clause 11.

10. ENDING THE CONTRACT

10.1 We, and/or the Tradesperson, can end the Contract with you for the Service and claim any compensation due to us if: (a) you don't make any payment to us when it's due; (b) you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Service; or (c) you breach any of the Customer obligations as set out in clause 7.

10.2 We reserve the right to close your Account if any of the events listed in clause 10.1 occur or where you are in breach of the Platform Terms.

11. PARTIES' LIABILITY

11.1 No party can exclude or limit in any way their liability where it is illegal to do so, and this contract does not seek to exclude or limit liability which cannot be excluded or limited by law.

11.2 If we, or the Tradesperson, fail to comply with these Terms, we, or the Tradesperson, are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence. We, or the Tradesperson, are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if it had been brought to our attention by you before the loss or damage occurred.

11.4 Save as set out in clause 11.1: (a) our liability to you will be capped at £5 million; (b) the Tradesperson's liability to you will be capped at £5 million.

11.5 It is your sole responsibility to ensure that you have adequate insurance cover.

12. EVENTS OUTSIDE OF THE PARTIES' CONTROL

12.1 Neither party shall be in breach of these Terms for delay in performing, or failure to perform, any of our obligations under this agreement if such delay or failure results from an Event Outside of the Parties' Control.

12.2 An Event Outside of the Parties' Control includes but is not limited to: strike; civil unrest; civil emergencies; government prohibition or restriction on all or part of the economy, including local lockdowns; pandemic; epidemic; environmental disaster; domestic appliance failure; temporary invasion of pests; and utilities failure or interruption.

12.3 In the event of a pandemic, epidemic or restriction of the movement or people imposed by the government or other competent public authority, we reserve the right to issue specific terms via the Platform and will communicate this to you via the Platform.

13. WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY POLICY

How we use any personal data you give us is set out in our Privacy Policy.

14. YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US

14.1 Our complaints policy. We will do our best to resolve any problems you have with us or our products. Please contact us using the details at clause 2.3 to discuss your complaint.

14.2 Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to CEDR through their website at https://www.cedr.com/. If you're not satisfied with the outcome, you can still go to court.

14.3 You can go to court. These terms are governed by the laws of England and Wales, and wherever you live you can bring claims against us in the English and Welsh courts. If you live in Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

15. OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT

15.1 We may transfer our rights and obligations under these Terms to another individual, but this will not affect your rights or our obligations under these Terms.

15.2 Except for you, us and the Tradesperson, no other person shall have any rights to enforce any of these Terms.

15.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.4 If you fail to perform your obligations under these Terms and we, or the Tradesperson, do not enforce our rights against you, this does not mean we, or the Tradesperson, have waived our rights against you. If we, or the Tradesperson, choose to waive any of our rights under these Terms you will be informed in writing.

15.5 These Terms replace and supersede all previous conditions and will apply to your use of the Platform and the Services after the date they are posted on our Platform.

15.6 The validity, construction and performance of the agreement shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales to which the parties submit.

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