Please read all of these terms and conditions.
So we can accept your Job submission and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, email us at email@example.com.
1. These Terms and Conditions will apply to the selection of the services and goods by you (the Homeowner or you). Priceatrade is a trading name of Jam Communications Ltd, a registered company in England and Wales. Company number 03971798, with the email address firstname.lastname@example.org (the Supplier or us or we).
2. These are the terms on which we provide all Services to you. Before submitting a Job on this Website you are accepting these Terms and Conditions. You can only submit a Job on this website if you are eligible to enter into a contract and are at least 18 years old.
3. Homeowner means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Job means the Homeowner's requirements of Services as submitted following the step by step process set out on the Website;
6. Services means the services advertised on the Website, including any Goods;
7. Website means our website www.priceatrade.com on which the Services are advertised.
8. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Descriptions and images of items shown on web pages for 'Supply and Fit' are for illustrative purposes only and may vary from the items actually used for fitting by tradesmen.
9. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
10. All Services which appear on the Website are subject to availability. For example we offer up to 6 Tradesmen to respond to your Job submission. The precise number of responses, and in some limited cases there may not be any, depends on the availability of Tradesmen for the Job submitted at that particular time and the specifics submitted.
11. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement.
12. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
14. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
15. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When a Job is submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
16. The Job submission process is set out on the Website, on the How it works page. Each step allows you to check and amend any errors before submitting the Job. It is your responsibility to check that you have used the ordering process correctly.
17. You may only use the Service for genuine Jobs where you have authority to appoint one or more Tradesman and your intention is to do so subject to agreeing appropriate terms.
18. We do not guarantee any specific Tradesman’s information, accreditation, or registration. We make no warranty regarding any goods or services purchased or obtained through submitting a Job.
19. It is your responsibility to carry out appropriate checks (including, where relevant, DBS checks) on any Tradesman that you are considering engaging and to request evidence of relevant trade or industry accreditations, and to satisfy yourself that the Tradesman is solvent and has appropriately qualified and certified personnel to complete the Project prior to contracting. You should not engage any Tradesman or make any deposit or other payment to them without having conducted such checks to your full satisfaction. While our hope is that you will be happy with every Tradesman you find through the Service, you should not engage any Tradesman if you have any doubts or concerns about it.
20. A Contract is not formed between you and Priceatrade.com in any way for the Job submitted and the Services ordered. A Contract can only be made for the Services ordered between you and your chosen Tradesman (including any guarantees and warranties offered with the item when purchased by the Tradesman from a trade supplier on your behalf). We will not be a party to any contract made between you and any Tradesman and therefore we shall not be liable for any loss or damage that results from any dealings between you and any Tradesman including but not limited to any direct, indirect or consequential or inconsequential loss of any kind.
21. Prices shown on the website are guide prices only. Exact prices for the Job will be shown by individual tradesmen in your online Priceatrade inbox.
22. Use of the website is free of charge.
23. The price of Services shown on the website are guide prices only. Actual prices are shown by individual tradesmen after the Job is submitted.
24. The price of Services include VAT at the rate applicable at the time of the Job submission.
25. The prices given by tradesmen may change if additional work that hasn’t been specified by you is required.
26. Payment for the Job will be made by you directly to the Tradesman with whom you will have the Contract.
27. Should you have a dispute with a Tradesman, you must address such dispute directly to the Tradesman concerned. However, you agree to notify the details of the dispute to us as soon as reasonably practicable.
28. We may decide to investigate any grievances held by you or by Tradesmen and may discuss any such investigation with all involved parties. We may take any lawful action we deem necessary in the event of a grievance, but likely outcomes of a grievance investigation include:
a. you and the Tradesman being allowed to continue using the Service;
b. your and/or the Tradesman’s access to the Service being suspended for a period of time;
c. your and/or the Tradesman’s access to the Service being terminated and banned for a definite or indefinite period.
29. Save as provided above, we cannot be involved in your dealings with Tradesmen and, in the event that you have a dispute with one or more Tradesmen, you hereby release us from any and all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We also cannot accept responsibility for errors, omissions, or inaccurate material available through the Service, and make no warranty that the Service will be uninterrupted or error free, or that any defects will be corrected.
Whilst we take steps to prevent misuse of our systems, we cannot warrant that the Service will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-virus software to protect your equipment and data.
The Reviews found on the website are provided by Homeowners, not by us. We do however reserve the right to remove at any time content we consider inappropriate. We do not endorse or recommend any particular Tradesman. Any material you obtain from the Service is used at your own risk, and we will not be liable for any loss or damage arising out of or in connection with access or use of the Service (except to the extent that such liability cannot be excluded by law).
You have the option to write and post a Review of a Tradesman on to the website after using their services. This will be shown to other Homeowners using the website. Please ensure you avoid refering the name of the Tradesman's company as this will interfere with the functionality of the website to match Homeowners to relevant Tradesmen based on their requirements.
You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Service and any part of it (the “Rights“), including the manner in which the Service is presented or appears and all information and documentation relating to it is our property (or that of our licensors), and nothing in this Agreement shall be taken to transfer any of the Rights to you.
Solely for the purposes of receiving the Service, we hereby grant to you for the period during which the Service is provided a non-exclusive, non-transferable licence to use the Rights.
Notwithstanding any other provision, nothing in this Agreement shall exclude or limit either party’s liability for death or personal injury caused by that party’s negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
The sole warranty that we make is that we promise to provide any features of the Service that you pay for with reasonable skill and care.
If you are dissatisfied with the Service, or the terms of this Agreement, your sole remedy under this Agreement shall be to discontinue use of the Service.
Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
Other than as set out above, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with this Agreement.
Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into this Agreement by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.
We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
In the event that any limitation or exclusion of liability in this Agreement proves ineffective, then we shall not be liable to you for more than £100 in aggregate. If you register as both a “Homeowner” and as a “Tradesman” then only the aggregate cap in the Trade User Agreement shall apply.
We cannot guarantee the day or time that we will respond to any email, telephone or written enquiries or Website form submissions.
Each of the provisions of this Clause shall be construed separately and independently of the others.
This Agreement shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.