Please read all these terms and conditions.
As 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 firstname.lastname@example.org.
1. These Terms and Conditions will apply to the selection of the services and goods by you (the Trade Business or you). We are Priceatrade Ltd a company registered in England and Wales under number 09555397 whose registered office is at Suite One, Stoneleigh, Milbourne, Malmesbury, Wiltshire, SN16 9JB with email address email@example.com (the Supplier or us or we).
2. These are the terms on which we provide all Services to you. Before becoming a Member of this Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to respond to Jobs submitted.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Job means the Consumer's order for Services shown on the Website 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, of the number and description set out in the Order;
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. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
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.
11. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
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. 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. A Contract is not formed between the Consumer 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 the Consumer and their chosen Trade Business. We will not be a party to any contract made between the Consumer and a Trade Business and therefore we shall not be liable for any loss or damage that results from any dealings between the Consumer and any Trade Business including but not limited to any direct, indirect or consequential or inconsequential loss of any kind.
18. Prices shown on the website are valid for a maximum period of 14 days from the date the Job is submitted.
19. Use of the website by the Consumer is free of charge.
20. The price of Services is that set out on the Website at the date of the Job submission or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
21. The price of Services include VAT at the rate applicable at the time of the Job submission.
22. The prices shown for your Job submission are fixed and will be honoured by the Trade Business the Consumer chooses to carry out the work, except where the Trade Business has to incur additional work that hasn’t been specified by the Consumer and their Job submission to complete the Job required, and agreed between you and the Consumer before work commences.
23. Payment for the Job will be made to you to, the Trade Business, by the Consumer, with whom you will have the Contract.
24. Should you have a dispute with the Consumer, you must address such dispute directly to the Consumer concerned. However, you agree to notify the details of the dispute to us as soon as reasonably practicable.
25. We may decide to investigate any grievances held by you or by the Consumer 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 Consumer being allowed to continue using the Service;
b. your and/or the Consumer’s access to the Service being suspended for a period of time;
c. your and/or the Consumer’s access to the Service being terminated and banned for a definite or indefinite period.
26. Save as provided above, we cannot be involved in your dealings with Consumers and, in the event that you have a dispute with one or more Consumers, 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.
The material on the Service (prices and descriptions) are set by Priceatrade.com and are designed to provide a pre-set fixed price service for the Homeowner, but these prices and the required Service by the Trade Business may change when the Trade Business views the required work in more detail if additional work is needed to complete the required Service.
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 ratings and other information about Trade Businesses found on the Service are provided by users, not by us. We do not endorse or recommend any particular Trade Business. 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 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 “Trade Business” then only the aggregate cap in the Trade Business 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.