BuilderWing

Welcome to Builder Wing!

Our platform connects homeowners with tradespeople.

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the Builder Wing platform and marketplace (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, BuilderWing Limited being a company incorporated in England and Wales with registered office address at 167-169 Great Portland Street, 5th Floor, London, England, W1W 5PF and with company number: 16349312 (BuilderWing, the Company, we or us).

The remainder of this agreement is divided into three parts:

Part A (All Users), which sets out terms that apply to all Users;
Part B (Service Providers), which sets out additional terms that apply to Service Providers, being Users who bid to supply services to Customers; and
Part C (Customers), which sets out additional terms that apply to Customers, being Users who lodge requests for services to be supplied by Service Providers.

If you intend to use the Platform as a Service Provider, only Part A and Part B of these terms will apply to you.
If you intend to use the Platform as a Customer, only Part A and Part C of these terms will apply to you.

When we talk about the "Services" in this agreement, we are referring to the services available through our website and any associated services we offer.

Part A - All Users

1. ELIGIBILITY

This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
1. over the age of 18 years and accessing the Platform for personal use; or
2. accessing the Platform on behalf of someone under the age of 18 years old and consent to that person's use of the Platform.
Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian's consent, or if you have previously been suspended or prohibited from using the Platform.
If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then "you" or "User" means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2. ACCOUNTS

In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by the Company from time to time.
You warrant that any information you give to the Company in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
Once you complete the Account registration process, the Company may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
The Company reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
The Company may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

3. USER OBLIGATIONS

As a User, you agree:

not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify the Company of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform's security;
to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
1. in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
2. in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by the Company;
not to act in any way that may harm the reputation of the Company or associated or interested parties or do anything at all contrary to the interests of the Company or the Platform;
not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of the Company;
that the Company may change any features of the Platform or Services offered through the Platform at any time without notice to you;
that information given to you through the Platform, by the Company or another User including a Service Provider, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
that the Company may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.

4. POSTED MATERIALS

4.1 WARRANTIES

By providing or posting any information, materials or other content on the Platform, including but not limited to requests for services and bids to provide services (Posted Material), you represent and warrant that:

you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
the Posted Material is accurate and true at the time it is provided;
any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
the Posted Material is not "passing off" of any product or service and does not constitute unfair competition;
the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
the Posted Material does not breach or infringe any applicable laws.

4.2 LICENCE

You grant to the Company a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for the Company to use, exploit or otherwise enjoy the benefit of such Posted Material.
If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release the Company from any and all claims that you could assert against the Company by virtue of any such moral rights.
You indemnify the Company against all damages, losses, costs and expenses incurred by the Company arising out of any third party claim that your Posted Material infringes any third party's Intellectual Property Rights.

4.3 REMOVAL

The Company acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, the Company may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
You agree that you are responsible for keeping and maintaining records of Posted Material.

5. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

The Company will have no liability or obligation to you if:

a Customer or Service Provider cancels at any time after the time for performance of the Service Bid is agreed; or
for whatever reason, including technical faults, the services in a Service Bid cannot be performed or completed,

and you will not be entitled to any compensation from the Company.

6. IDENTITY VERIFICATION

(Verification) We may offer or require Users to verify their details (including details related to your business if you are a Supplier or signing up on behalf of a business for more information see Part B Clause 1) using our processes or an external identity verification service as applicable (Verification Service).
(Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 16. Where a Verification Service is used, you acknowledge and agree that:
1. we may contact and share your personal information with a Verification Service to verify your details;
2. you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
(Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform.
(Warranty and Indemnity) You acknowledge and agree that:
1. we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User;
2. you should make your own inquiries as to other Users' identities before engaging in contracts with those Users; and
3. we do not endorse any User, Service Bid or Verification Service.

7. ONLINE PAYMENT PARTNER

We may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect payments on the Platform, including for our Services.
The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.
You agree to release the Company and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner's platform or any error or mistake in processing your payment.
We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
Any fees incurred in the processing of payments by the Online Payment Partner are non-refundable.

8. SERVICE LIMITATIONS

The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree that the Company cannot and does not represent, warrant or guarantee that:

the Platform will be free from errors or defects;
the Platform will be accessible at all times;
messages sent through the Platform will be delivered promptly, or delivered at all;
information you receive or supply through the Platform will be secure or confidential; or
any information provided through the Platform is accurate or true.

9. INTELLECTUAL PROPERTY

The Company retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including but not limited to text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from the Company or as permitted by law.
In this clause 9, "Intellectual Property Rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in the United Kingdom and throughout the world.

10. THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). The Company accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

11. THIRD PARTY TERMS

Any service that requires the Company to acquire goods and services supplied by a third party on behalf of the Customer (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including 'no refund' policies.
Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing the Company to acquire the goods or services on the User's behalf, the User will be taken to have agreed to such Third Party Terms.

12. DISPUTES BETWEEN USERS

You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to the Company via info@builderwing.com. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
Any costs you incur in relation to a complaint or dispute will be your responsibility.
The Company has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
The Company reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
If you have a dispute with the Company, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
Notwithstanding any other provision of this clause 12, you or the Company may at any time cancel your Account or discontinue your use of the Platform.

13. SECURITY

The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

14. DISCLAIMER

(Introduction service) The Company is a medium that facilitates the introduction of Customers and Service Providers for the purposes of Customers requesting the provision of certain home maintenance and repair related services and Service Providers competing to be selected to provide those services. The Company simply collects a Service Fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Service Providers in relation to such services or otherwise resulting from the introduction. For the avoidance of doubt, the Service Fee is non-refundable, regardless of whether the Service Provider is selected by the Customer to supply the service or whether the service is successfully or satisfactorily delivered by the Service Provider to the Customer.
(Limitation of liability) To the maximum extent permitted by applicable law, the Company excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Service Provider. This includes the transmission of any computer virus.
(Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
(Indemnity) You agree to indemnify the Company and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives':
1. breach of any term of this agreement;
2. use of the Platform; or
3. your provision or receipt of Services from another User.
To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.

15. CONFIDENTIALITY

You agree that:

no information owned by the Company, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
all communications involving the details of other users on this Platform and of the Service Provider are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

16. PRIVACY

You agree to be bound by the clauses outlined in the Company's Privacy Policy, which can be accessed here [insert link]

17. COLLECTION NOTICE

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

18. TERMINATION

The Company reserves the right to terminate a User's access to any or all of the Platform (including any listings, memberships or Accounts) at any time without notice, for any reason.
In the event that a User's Account is terminated:
1. the User's access to all posting tools on the Platform will be revoked;
2. the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service bids or requests); and
3. the User may be unable to view the details of other Service Providers (including contact details, geographic details and any other details), and all service bids previously posted by the respective User will also be removed from the Platform.
Users may terminate their Account, and any other membership they hold in connection with the Platform, at any time by using the Platform's functionality, where such functionality is available. Where such functionality is not available, the Company will effect such termination within a reasonable time after receiving written notice from the User.
Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

19. TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and the Company will not be held accountable in relation to any transactions between Customers and Service Providers where tax related misconduct has occurred.

20. RECORD / AUDIT

To the extent permitted by law, the Company reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving the Company.

21. NOTICES

A notice or other communication to a party under this agreement must be:
1. in writing and in English; and
2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
2. when replied to by the other party,
whichever is earlier.

22. GENERAL

22.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

22.2 THIRD PARTY RIGHTS

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

22.3 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

22.4 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

22.5 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

22.6 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

22.7 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

22.8 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

22.9 INTERPRETATION

(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word "includes" and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Part B - Service Providers

1. ELIGIBILITY AND QUALIFICATIONS

If in any of your Service Bids or anywhere on your Account you hold yourself out to possess certain qualifications or certifications (Qualifications), you warrant to the Company that you do hold such Qualifications and if requested, will promptly provide the Company with evidence of the Qualifications.
You warrant that you are a bonafide business carrying out bonafide services and are capable of providing evidence of such, including where applicable business registration number, tax identification number and if requested, will promptly provide the Company with evidence of such.
You warrant that you have adequate business insurance, and if requested, will promptly provide the Company with evidence of such.
You warrant that you have all business licences including if applicable those related to health and safety, legally required to perform the services you offer in any Service Bids, and if requested, will promptly provide the Company with evidence of such.
You warrant that any testimonials you include or share via the Platform will be genuine and if requested, will promptly provide the Company with evidence of such.
You warrant that you will comply will all applicable data protection regulation in regard to your interaction with the Platform.
You must verify that any Customer is over 18 years old.

2. SERVICE REQUESTS

From time to time, the Platform may, using its algorithm, alert you to requests for services that have been submitted to the Platform by Customers (Service Requests). The Platform will generally alert you to Service Requests that are related to your areas of speciality in regard to the services you provide, though the Company does not guarantee this.
When the Platform alerts you to a Service Request, you will be able to view summarised information about the services requested and pay for access to the detailed Service Request and the contact details of the Customer (Paid Lead) via the platform.
Once you have initiated a Paid Lead, you will be considered to have made a Service Bid for that Service Request. It is then at the Customer's discretion as to which Service Provider they hire to deliver the services to them.

3. PAID LEADS & SERVICE BIDS

3.1

In order to be hired by the Customer to supply services, you must pay to access the details of the Service Request and the contact details of the Customer (Paid Lead). Once you have purchased a Paid Lead on the Platform, you will exchange information directly with the customer including a quote for the provision of the services in the Service Request (Service Bid)

3.2

You acknowledge and agree that:

you will use your best endeavours to provide as much information as possible in the Service Bid;
the Company may limit the number of Paid Leads you can purchase via the Platform;
any information you supply in a Service Bids must be true, timely and accurate;
if the Customer selects you as the Service Provider to deliver the services under their Service Request, you will take all reasonable steps to complete the services as described in every Service Bid and related Service Request that is accepted by a Customer, including by not cancelling any part of such a Service Bid;
you will deal with any dispute with a Customer in accordance with clause 12 of Part A;
any additional terms and conditions relating to a Service Bid, or a quote provided via the Platform, are solely between you and the relevant Customer and do not involve the Company in any way, except that they must not be inconsistent with your or the Customer's obligations under this agreement; and
the Company will have no responsibility for the accuracy, reliability or timeliness of any Customer's response to a Service Bid.

4. PROVISION OF SERVICES

You will ensure that all services specified in a Service Bid that is accepted by a Customer are provided:
1. in accordance with all applicable laws, regulations, tax obligations and industry standards;
2. with due care and skill and in a professional, punctual and diligent manner;
3. so that the services are fit for their intended purpose; and
4. on the date and at the times set out in the Service Bid.
You acknowledge and agree that a Customer may review any services you provide under a Service Request on the Platform in accordance with clause 4 of Part C of this agreement.
If a Customer requests to reschedule the delivery time for the services listed in a Service Bid, you may choose to accept or reject such a request.

5. FEES

Viewing the Platform, creating your account and reviewing customer requests for services is free.
The cost of a Paid Lead will depend upon the value of the Service Request, and will vary according to the discretion of the Company.
To accept a Service Bid, the Customer will elect to hire you using the "Hire" function on the platform. At this point it is up to you to manage the relationship and collect any fees for your services from the Customer (for example the Quoted Amount).
If you choose to purchase a membership with the platform, you authorise us, via our Payment Provider to debit the applicable membership fee at the applicable interval from your account.

6. REFUNDS & CANCELLATIONS

You must ensure that your cancellation policy and refund policy in relation to you or Customers cancelling an accepted Service Bid is in compliance with all applicable laws.
The Paid Lead fee is by default non-refundable for change of mind. However, the Company may, in its absolute discretion, issue refunds of the Paid Lead fee in certain circumstances.
You agree to honour and comply with the process set out in this clause 6 in the event of a pricing error in a Service Bid.

7. RATINGS & REVIEWS

7.1

Service Providers may rate a Customer (Rating) and/or may provide feedback to Customers regarding the services Customers received from Service Provider (Review).

Service Provider's Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Customer's Account and/or Service Request is removed or terminated.
Service Providers must only provide true, fair and accurate information in their Reviews.
If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Service Provider from posting further Reviews. We do not undertake to review each Review made by Service Providers.
To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
You may not publish Reviews of Customers to whom you have a personal or professional relationship (separately from the Platform).
You may only write a Review about a Customer if you have had a supplying a service to that Customer, which means that (collectively referred to as a Service Provider Experience).
You may only write about your own Service Provider Experience. You are not permitted to write a Review about somebody else's Service Provider Experience, such as that of a family member or friend.
You may not write a Review about a Customer you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Customer, or work for the Customer. Similarly, you may not write a Review about a direct competitor to the service provider you own, are employed by or work for.
Your Service Provider Experience must have occurred within the last 12 months when you submit a Review.
You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Customer to write a Review, you should include information about this in your Review. Incentives include the Customer offering you a gift, reward, discount or advantage for writing a Review about the Customer.

8. BINDING CONTRACT

You agree that when you submit a Service Bid in response to a Service Request, this constitutes your intention and offer to enter into a contract with the Customer, where you will provide the Customer with the service as specified in the relevant Service Request and Service Bid, in exchange for payment of the relevant Quoted Amount. A contract is formed in this respect (between you and the Customer) when the Customer responds to your Service Bid by hiring you to provide the services on the Platform.

9. WARRANTIES

By listing yourself as a Service Provider on the Platform, posting a Service Bid and/or responding to a Service Request, you represent and warrant that:

you are able to fulfil the requirements of the services specified in the Service Bid or Service Request;
you will provide services to each Customer:
1. using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
2. in compliance with all applicable laws; and
any individuals involved in your performance of services to any Customer have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.

Part C - Customers

1. SERVICE REQUESTS, SERVICE BIDS AND FEES

You acknowledge and agree that:
1. if you submit a Service Request, and hire a Service Provider to deliver the work under your Service Request, that will constitute intention to enter into a contract with the Service Provider;
2. any terms and conditions relating to services or a quote provided via the Platform are solely between you and the relevant Service Provider and do not involve the Company in any way, except that such terms and conditions must not be inconsistent with your or the Service Provider's obligations under this agreement.
When you submit a Service Request on the Platform, you must:
1. only submit requests that are bona fide and accurate; and
2. truthfully fill out all the information requested by the Platform in relation to the Service Request.

2. PAYMENT

(Payment obligations) Unless otherwise agreed in writing with the Service Provider, you must pay for all services specified in an accepted Service Bid.

3. CANCELLATIONS

The Company will have no liability or obligation to you if a Service Provider cancels a Service Bid after it has been agreed and you will not be entitled to any compensation from the Company in relation to any such cancellation.
If you wish to cancel services specified in an agreed Service Bid, before the Service Provider has performed them, you must contact the Service Provider.
If you cancel a service specified in an agreed Service Bid, whether the relevant Quoted Amount paid by you is refundable will depend on the cancellation policy and refund policy of the relevant Service Provider.

4. RATINGS AND REVIEWS

Customers may rate a Service Provider (Rating) and/or may provide feedback to Service Providers regarding the services Customers received from them (Review).
Customers' Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Service Provider Account and/or Service Request is removed or terminated.
Customers must only provide true, fair and accurate information in their Reviews.
If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Customer from posting further Reviews. We do not undertake to review each Review made by Customers.
To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
You may not publish Reviews of Service Providers to whom you have a personal or professional relationship (separately from the Platform).
You may only write a Review about a Service Provider if you have had a buying or service experience with that Service Provider, which means that:
1. you have purchased a product or service from that Service Provider via the Platform; or
2. you have placed an order with the Service Provider via the Platform; or
3. you can otherwise document your use of the Service Provider's service, including via correspondence or other interaction with the Service Provider via the Platform,
(collectively referred to as a Service Experience).
You may only write about your own Service Experience. You are not permitted to write a Review about somebody else's Service Experience, such as that of a family member or friend.
You may not write a Review about a Service Provider you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Service Provider, or work for the Service Provider. Similarly, you may not write a Review about a direct competitor to the Service Provider you own, are employed by or work for.
Your Service Experience must have occurred within the last 12 months when you submit a Review.
You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Service Provider to write a Review, you should include information about this in your Review. Incentives include the Service Provider offering you a gift, reward, discount or advantage for writing a Review about the Service Provider.

5. LINKED BUSINESSES