Please read all of these terms and conditions.
So we can accept your Trade membership 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 Tradesman 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 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. 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 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 Job;
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 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.
16. The Job submission process is set out on the Website. Each step allows the Homeowner to check and amend any errors before submitting the Job.
17. A Contract is not formed between the Homeowner 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 Homeowner and their chosen Tradesman. We will not be a party to any contract made between the Homeowner and a Tradesman and therefore we shall not be liable for any loss or damage that results from any dealings between the Homeowner and any Tradesman including but not limited to any direct, indirect or consequential or inconsequential loss of any kind.
18. Prices shown on the website are guide prices only. Prices given by you the Tradesman when matched to Homeowner Jobs are the prices that must be honoured if chosen to do the work.
19. Use of the website by the Homeowner is free of charge.
20. The price of Services set out on the Website are guide prices only. Prices for the Job are supplied by you the Trademan when matched to the Homeowner.
21. The price of Services include VAT at the rate applicable at the time of the Job submission.
22. The price you give for a Job must be honoured except where the Tradesman has to incur additional work that hasn’t been specified by the Homeowner and their Job submission to complete the Job required, and agreed between you and the Homeowner before work commences.
23. Payment for the Job will be made by the Homeowner to the Tradesman and the Contract will be between you the Tradesman and the Homeowner (including any guarantees and warranties offered with the item when purchased).
24. Should you have a dispute with the Homeowner, you must address such dispute directly to the Homeowner 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 Homeowner 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 Homeowner being allowed to continue using the Service;
b. your and/or the Homeowner’s access to the Service being suspended for a period of time;
c. your and/or the Homeowner’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 Homeowners and, in the event that you have a dispute with one or more Homeowners, 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 ratings and other information about Tradesmen found on the Service are provided by Homeowners, not by us. We do not endorse or recommend any particular Tradesmen. 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.
Membership is subject to Tradesmen conforming to the Priceatrade Quality Assurance charter.
We reserve the right to amend the Types of Work Tradesmen have set on their Settings page if it is clear from previous work, ratings posted by Homeowners, or the skills the member has. We also reserve the right to refuse a membership application or continued membership of an existing member.
One of the requirements to membership is that Tradesmen respond to Jobs submitted by Homeowners within 24 hours (This is except for Jobs submitted durings weekends or bank holidays, when an extra 48 hours will be added to the deadline shown in your Inbox.).
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.