Tradespeople Subscription Terms and Conditions

1. These Terms

1.1. These are the Terms (together with our Privacy Policy and Tradespeople Terms of Use) on which we offer for sale a Package.

1.2. Please read these Terms carefully and make sure that you understand them. Please note that before subscribing to a Package you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to subscribe to a Package.

1.3. We amend these Terms from time to time as set out in clause 10. These Terms were most recently updated on 30th October 2017.

1.4. These Terms, and any Contract between us, are only in the English language.

2. Definitions

Account: the online account you registered with us, with which you use to sign in to our website.

Anniversary Day: the day of the month which you subscribed to the Package.

Credits: the means by which you can pay for Jobs, when subscribed to a Package.

Homeowners: any person or company who posts a Project on our website.

Jobs: the opportunity for you to quote for Projects.

Package: a package (from time to time) which you subscribe to.

Projects: the work that the Homeowner would like carrying out by a tradesperson.

Reduced Job: a Job which is labelled on our website as a being a reduced job.

Subscription Fee: the monthly fee for use of the Package you are subscribed to from time to time, set out in such Package.

Terms: these terms and conditions.

3. Information About Us

We operate the website MyJobQuote.co.uk (“our website”). We are ICM Enterprises (UK) Limited a company registered in England and Wales under company number 07080014 and with our registered office at The Bungalow Offices, Cwttir Lane, St Asaph, LL17 0LQ. Our VAT number is 995884630.

4. Your Subscription to a Package

4.1 You accept that it is solely your responsibility to choose a Package which is most suited to your trade requirements. Credits and/or Packages available to you are not representative of and do not guarantee that the equivalent amount of Jobs will be available for purchase by you.

4.2 Our acceptance of your subscription to a Package will take place when we make that Package’s Credits available to your Account at which point these Terms will come into existence between you and us.

4.3 You will be issued Credits in accordance with the Package you are subscribed to on or about each Anniversary Day. Credits will expire after a period of 6 months from the Anniversary Day which they were issued to you.

4.4 Your subscription to a Package will renew automatically each month on your Anniversary Day. If you want to upgrade, downgrade or terminate a Package you have subscribed for, you must give us no less than 3 days’ notice, before the next Anniversary Day and any such upgrade, downgrade or termination will be effective from that Anniversary Day.

4.5 If at any time you terminate your subscription to a Package, your Credits will automatically expire upon such termination and you will not be able to use them to purchase Jobs nor will they be refundable. For the avoidance of doubt, if you move to our pay as you go service (and are therefore no longer subscribed to a Package), any Credits you have on your Account, will automatically expire and no longer be available to use.

4.6 If at any time you fail to make a payment due to us, you will not be permitted to use any Credits to purchase a Job until you have paid all outstanding payments due from you to us. Where you fail to make payment when due, we may at our entire discretion, terminate your subscription to the Package.

4.7 Notwithstanding clause 4.6 above, we may, at any time, terminate your subscription to a Package with immediate effect and without reason, by giving written notice to you.

5. Jobs

5.1 Job details may be accessed by you at any time via your Account.

5.2 We limit the number of Tradespersons who are able to purchase any one Job to 3 and you may find that when you attempt to purchase a Job it is no longer available.

5.3 If we accept your purchase of the Job, we will deduct the Credits payable from your Account and send you the contact details of the Homeowner for that Project. It is then your responsibility to contact the Homeowner to negotiate any potential contract for the Project with them.

5.4 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 you successfully purchase a Job.

5.5 You irrevocably agree and accept that when you purchase a Job from us, you are purchasing an opportunity to quote for a Project and that we do not offer any guarantee that the Job will result in any work for you.

6. Payment the Subscription Fee

6.1 The Subscription Fee is due on each Anniversary Day. We will try to take payment from you on or about 2 days before your Anniversary Day. You must pay the Subscription Fee before we will make any further Credits available to you.

6.2 You can pay the Subscription Fee via:

• Debit card;
• Credit card.

6.3 You accept that as a trader registered with an Account on our website, you purchase Jobs 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.

6.4 Notwithstanding clause 6.3 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 the sum of £15 plus VAT in respect of our administration charges for undertaking any investigation.

7. Refund Policy

7.1 Due to the nature of what we are selling, Jobs are sold on an “as seen” basis and refunds to your Account will not be considered other than in accordance with the terms of this clause.

7.2 We will not refund you with cash where you have purchased a Job with Credits. Credits cannot be withdrawn or redeemed for cash or otherwise at any time, including upon termination of a Package.

7.3 We will only consider refunds for Jobs which:-

• Do not contain sufficient information for you to contact the Homeowner, for example, an invalid phone number; or
• The Job is a duplicate Job that has already been purchased by you, (each an Invalid Job).

7.4 If you believe that a Job you have purchased is an Invalid Job you must notify us within 48 hours of purchase:

• in writing through the ticket system on your Account with the relevant Job identification reference number; or
• by clicking the “raise a complaint button” on the Job in question from within your dashboard.

7.5 Without exception, we will only investigate potential Invalid Jobs that have been reported in accordance with clause 7.4.

7.6 We will aim to conclude our investigation within five working days of receipt of a notice validly served in accordance with clause 7.4 and you accept that our decision is final and binding.

7.7 If we determine that a Job was an Invalid Job we may, at our entire discretion, refund you with the equivalent Credits used to purchase the Invalid Job.

7.8 For the avoidance of doubt, we will not refund a Reduced Job.

8. Use of our Website

Your use of our website is governed by our Tradesperson Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.

9. How we use your Personal Information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy as it includes important terms which apply to you.

10. Our right to vary these Terms

10.1 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.

10.2 Every time you order Jobs from us, the Terms in force at the time of your order will apply to the Contract between you and us.

11. Our Liability

11.1 We only supply the Jobs for internal use by your business, and you agree not to use the Jobs you purchase for any resale purposes.

11.2 Nothing in these Terms limits or excludes our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation.

11.3 Subject to clause 11.2, we will under no circumstances whatsoever 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:

• any loss of profits, sales, business, or revenue;
• loss or corruption of data, information or software;
• loss of business opportunity;
• loss of anticipated savings;
• loss of goodwill; or
• any indirect or consequential loss.

11.4 Subject to clause 11.2, 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 one month’s Subscription Fee.

11.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Jobs. 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 Jobs are suitable for your purposes.

12. Communications between us

12.1 When we refer, in these Terms, to "in writing", this will include e-mail.

12.2 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.

12.3 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.

12.4 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.

12.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

13. Entire Agreement

13.1 These Terms and our Privacy Policy and Tradesperson Terms of Website Use (together, the Contract) constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

13.2 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy Policy or Tradesperson Terms of Website Use.

13.3 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.

14. Other important Terms

14.1 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.

14.2 You may only transfer your rights or your obligations under these Terms with our prior written consent.

14.3 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.

14.4 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.

14.5 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.

14.6 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.

14.7 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).