Tradespeople Terms and Conditions of Supply

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING

Tradespeople Terms and Conditions of Supply

This page (together with our Privacy Policy and Tradespeople Terms of Use) 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 (Leads) submitted through our website by homeowners registered to our site (Homeowners).

These Terms will apply to any contract between us for the sale of Leads to you (Contract). Please read these Terms carefully and make sure that you understand them, before purchasing any Lead from our site. Please note that before placing an order for a Lead you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Leads from our site.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order a Lead, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 24th May 2018.

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

1. Information about us

We operate the website MyJobQuote.co.uk. 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, Cwittr Lane, St Asaph, LL17 0LQ. Our VAT number is 995884630.

2. Projects

2.1 Homeowners use our site to post 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 accounts of those tradespeople registered with our site we deem the most appropriate for the Project for to give them the opportunity to purchase that Lead.

2.3 We limit the number of tradespeople who are able to purchase any one Lead and you may find that when you attempt to purchase a Lead it is no longer available.

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 you successfully purchase a Lead.

2.5 You irrevocably agree and accept that when you purchase a Lead from us, 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.You irrevocably agree and accept that when you purchase a Lead from us, 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 account (Account) which we have determined are suitable for you to purchase which will include a brief specification of the Project and the price (inclusive of VAT) or total number of credits payable by you to us to purchase the Lead (Fee).

3.2 If you wish to purchase a Lead then you will need to log in to your account. You will need to then either click a link in the email or text message received from us or, view Leads directly in the "my jobs" section of your account online.

3.3 To make use of this facility, you will need to be logged in to your Account.

3.4 At this point you will be given an option to purchase or decline any Leads that have been offered to you. If you wish to purchase the Lead then you will click the purchase button and this will then explain the rates to be charged for the Lead.

3.5 If you do not wish to accept to purchase the Lead then you can reject it.

3.6 Once your Order has been accepted by us we will send you the full 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.

4. How to pay

4.1 You can only pay for Leads using a debit card or credit card. We accept the following cards: Visa [Debit & Credit], Mastercard [Debit & Credit], American Express [Debit & Credit].

4.2 When registering for your Account you will be required to register a debit or credit card with us.

4.3 We will accept registration of up to five debit or credit cards with one of those being designated as a primary card and the others as backup cards, should they need to be used.

4.4 Please note that you will be able to remove any designated debit or credit cards whenever you wish, but there must always be at least one active card linked to the account at any time.

4.5 Each time you purchase a Lead, [the Fee will be debited to your Account and we will charge your card each time your account reaches £10 or as soon as three days have passed since you successfully purchased a Lead, whichever is the sooner (labelled "£10 / 3 days").] or [Payment for the Lead must be made in cleared funds before the Lead will be made available to you (labelled "Upfront").] The payment plan that applies to your account is displayed inside your MyJobQuote account on the https://www.myjobquote.co.uk/my-account/billing/methods page.

4.6 An invoice will be generated at the beginning of each month setting out the number of Leads purchased in the preceding month together with the Fees paid and any outstanding balance on your Account.

4.7 You warrant that you are a trader, registered with an Account on our website, and that you purchase Leads 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.

4.8 Notwithstanding clause 4.7 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.

5. Refund Policy

5.1 Due to the nature of what we are selling, Leads are sold on an "as seen" basis and refunds of credit(s) to your MyJobQuote Account will not be considered other than in accordance with the terms of this clause.

5.2 We will only consider refunds for Leads which:-

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

5.3 If you believe that a Lead you have purchased is an Invalid Lead, you must notify us within 48 hours of purchase by clicking the “raise a complaint button” on the Lead in question from within your dashboard and any notification 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 a Lead was an Invalid Lead we may, at our entire discretion, refund the cost of the Invalid Lead by way of credit(s) to your MyJobQuote Account. For the avoidance of doubt, we will not refund your payment card.

5.7 We will not refund any Lead which was labelled on our website as a being a reduced in price.

5.8 If we determine that a Lead was an Invalid Lead and in the event that your debit/credit card has not been charged in respect of the Invalid Lead then no charge will be made for that Invalid Lead.

6. Use of our site

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

7. 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.

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 order Leads from us, 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 for internal use by your business, and you agree not to use the Leads you purchase 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 Lead 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 Leads. 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

12.1 These Terms and our Privacy Policy and Tradespeople Terms of Website Use 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.

12.2 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 Tradespeople Terms of Website Use.

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.

13.3 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).

Last updated by MyJobQuote on 24th May 2018.