TERMS AND CONDITIONS
GENERAL
Before you sign up and start using our services, we do need you to look through and accept the following terms and conditions (“Terms”). These are your legal rights and obligations, so please do read everything. If you can’t agree to our Terms, then you can’t use our services.
The website located at getmeabuilder.com (“Website, “Get Me A Builder ”, “We”, “Our”, “Us”, as applicable).
To make the Terms quicker to read, we use a few definitions. We refer to any users that have registered with the Website and signed up for a free trial or subsequently converted to a paid subscription plan as ‘Members’, the online tools and related services available to Members as the “Service’.
If you are using this Website or the Service in connection with your organisation, the terms ‘you’, ‘your’ or ‘your business’ in these Terms are also a reference to the organisation, company or business on whose behalf you act. You confirm that you are authorised to bind any business on whose behalf you use the Website or the Service. By using this Website or the Service, you confirm that you (and, if applicable, your business) accept these Terms and agree to comply with them.
We reserve the right to suspend or terminate your access to the Service at any time, with or without notice or explanation, if we believe you are violating the Terms in any way.
We may make changes to any part of the Website and/or Service and may add to or change these Terms. All changes become effective as soon as they are posted. It is your responsibility to refer to the Terms whenever you access the Website or use the Service. We will not be liable if for any reason this Website and Service are unavailable at any time or for any period.
The Service is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Service.
DATA PROTECTION & POLICY
We take your privacy very seriously. All personal data we collect from you relate to your use of the Service and are protected in the UK in accordance with Get Me a Builder ‘s Privacy Policy and the Data Protection Register (No. ZA770243). Please read our Privacy Policy to see how we use your personal information.
RIGHTS OF USE
All intellectual property rights, including copyright, in the content accessible (or available for download) on the Website, including text, pictures, graphics, video, audio material, software or any other form (Content) belong to Get Me A Builder or our licensors. All rights are hereby reserved..
SUBSCRIPTIONS
The prices for the subscriptions plans on the Website or for a customised plan are in sterling (GBP) and inclusive of VAT. Prices are reviewed annually and are subject to change. We will notify you of any planned changes if you are within a subscription period. Our Website will also always have the current prices published.
Subscriptions are to be paid monthly, in advance via monthly direct debit payments. Your subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, these Terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the pricing plan.
Get Me A Builder membership fee is £120.00 per annum with a monthly subscription fee of £120.00. A total of £240.00 is payable before jobs and contracts are sent out with a full vetting procedure carried out on all our Builders/Trades people.
You may cancel a subscription at any time without notice. Just sign into the Website and from your Member’s area select ‘Cancel’. If you cancel before the end of your current subscription period you will continue to have full access to your plan and the Service for the month you have paid.
DISCLAIMER
THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Service; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Service with whom you connected via the Service. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
DISPUTE RESOLUTION
Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting us using the details provided below in Contact Us. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
CONTACT US
In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at [email protected]
1. “Job Advertisers” and “Workmen”
For the purposes of these terms and conditions, users who place a job description online will be known collectively as “job advertisers” or individually as a “job advertiser”. Users who tender on the work featured on our site will be known collectively as “workmen”, or individually as a “workman”.
2. Getmeabuilder.com – A Venue
Our site is a venue on which users can advertise contract jobs and workmen, who are registered with us, are able to tender for these contract jobs. The jobs advertised must not be against any applicable law, or contrary to any aspect of these terms and conditions. We take no responsibility for the truth or accuracy of any job description or the ability of any particular user to pay for the job to be completed. We take no responsibility for the ability of any workman to complete any aspect of a job that a workman tenders for. Do not assume that jobs or any related activities are legal, simply because they are listed on our site. Users accept the sole responsibility for the legality of their actions under laws applying to themselves.
3. Checks on Workmen
We are not an agency. We cannot guarantee works carried out by workmen that you find via our site.
We have a rigorous vetting procedure for all our members. They are not allowed to represent Get me a builder until all references are carried out and relevant legal documentation have been submitted.
4. Workman eligibility
In order to register for a business account, users must be over the age of 18. We reserve the right to limit the access of any user that we consider suspect, acting in bad faith or under the guise of a false identity or any other reason.
5. Prohibited Jobs
Users must not place online or tender for any jobs which are prohibited by Law, or which do not conform to our own regulations. Our site is intended to make it easier for users to find quality workers at reasonable, market dependant prices. Our site should not be used to find long-term contractual employees or employment.
6. Placing a Job Advert Online
If you place a job ad online, you must ensure that you are legally able to advertise, and hold to the contract as you have described it. You must describe your job and all terms in the description field of you job listing. Your listings may only include text descriptions relevant to the job. The user who places a job online is responsible for ensuring that he or she has the right to use all content in the listing and we have the right to host it on servers. All jobs must be listed in an appropriate category.
7. Tendering for Jobs
As a workman, you must ensure that you are legally able to tender for the relevant job. In addition, you must ensure that you are legally able to perform the work specified in the job advert.
8. Fees
Placing a job advert online is free. Registering your business with Get Me a Builder is also free. You remain responsible however for the costs of accessing our site and contacting users.
8.1 Membership Fees
In order to tender for jobs on the site, workmen must be members. Membership requires the activation of recurring monthly subscription. The cost of membership is clearly stated when activating membership. Any additional benefits (e.g. credits for shortlist fees) of membership are clearly stated when activating membership.
We may change the price of membership or the benefits of membership in the future. We’ll notify members at least 30 days before any change in membership pricing or benefits. Membership can be cancelled any time through the site. Membership must be cancelled before the renewal date in order to avoid automatic renewal.
8.2 Refunds & Cooling Off Period
A. Members are automatically given a Statutory 14 days cooling off period.
B. Members can cancel their membership anytime during the 14 days cooling off period and will receive a full refund.
C. Members are not permitted to access any of the services provided under the terms of their membership until the end of the cooling off period.
D. Members can access all the Services immediately by giving consent in writing to waive the conditions of the cooling off period.
9. License to use your information
To enable us to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.
10. Use of users contact information
When a workman tenders for a job, the job advertiser will receive a mail, which in addition to other information about the tender, will specify contact information for the workman in question. Job advertisers may only use this contact information or any other contact information obtained through a Get Me a Builder an-related communication for Get Me a Builder-related communications that are not unsolicited commercial messages and relate to your genuine participation in our site. Further more you may only use this information for any other purpose in the case that the user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. We do not tolerate SPAM or unsolicited commercial communications and neither do our users. You agree that you shall not add an employee if Get Me A Builder user, to your mailing list (email or physical mail) without their express written consent after adequate disclosure. To report SPAM from other Get Me A Builder user, please send a mail to [email protected]
11. Breach
Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you if you breach these terms and conditions or the documents incorporated by reference or we are unable to verify or authenticate any information you provide to us, or we believe that your actions may cause us financial loss or legal liability.
We (and our directors and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided
12. Notices
Unless otherwise explicitly stated, notices to Get Me a Builder must be sent by email to [email protected] and notices to you will be sent to the email address that you provide to us during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.
13. Governing Law and Legal Compliance
These terms and conditions shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts. Please note, that your country (and/or that of any user you deal with) may have laws, which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later). The laws of your country may be different from English law, including laws governing what can jobs can be legally advertised or bid on. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on jobs. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.
14. Dispute Resolution
Disputes between you and us regarding our services may be reported to our Customer Support. We encourage you to report all disputes between users to your local law enforcement body.
15. Third Party Rights
A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party specified in these terms and conditions or which exists or is available apart from that Act.