User agreement

Notice: Please read the following carefully. You are offered use of the Service based on the terms and conditions set out below which should be read in conjunction with our Privacy Policy and Payment Terms. By using the Service you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions you cannot use the Service.

These terms and conditions were last modified on January 4, 2012

Definitions

"Company" means - Rated People Ltd (registered company number: 5540422) whose registered office is at 66 Buckingham Gate, London SW1E 6AU including where the context so allows, its shareholders, employees, affiliates, associated and contracted persons, companies or businesses supplying services to The Company.

"Customer(s)" means - person, persons, companies or other organisations using the Services of the Company in order to be introduced to Trade Professionals and/or use the services of the introduced Trade Professional or their Sub-Contractors.

"E-mail(s)" means - electronic mail received or sent by the Company, created and sent by a member of the Company, or automatically created and sent on behalf of the Company.

"Job(s)" or "Work" means - work carried out by Trade Professionals, for or on behalf of Customers.

"Member(s)" means - Trade Professional(s) and/or Customer(s).

"On Hold" or "Suspend(ed)" means - the suspension of the Member's account with the Company as a result of which the Customers will not be able to submit details of new Jobs and Trade Professionals will not have access to new Job submissions.

"Service(s)" means - the services and procedures provided/used by the Company to Members and includes, but is not exclusive to: information, products and services provided by telephone, fax or mail, on the Website and by E-mail further details of which are contained within these Terms and Conditions and in other parts of the Website.

"Sub-Contractor(s)" means - contractors, sub-contractors, and self-employed professionals, or any other person or company working for or on behalf of Trade Professionals.

"System(s)" means - the software, hardware, batch programmes, and automated processes that are used by the Company in order to provide components of the Service.

"Third Party" or "Third Parties" means - person, persons, company or companies, websites or any other business or enterprise that is being referred to, in the context of these Terms and Conditions, as being other than the Company or a Member.

"Trade Professional(s)" means - tradesmen, tradeswomen, trades companies or any other person, persons, company, or companies that use the Services of the Company in order to receive introductions to Customers and potential Customers, with the aim of providing goods and/or services to these Customers.

"Website" means - the web space, pages, and the contents and graphics contained in such space or pages which are under the editorial control of authorised members of the Company.

"Your Information" means - any information you provide to us or other users of the Website in relation to the Company's Service including information provided during registration, Job listings, the rating of Trade Professionals and any other communication processes arising as a result of your use of the Services or the Website.

1. General disclaimer - customers

You acknowledge that it is your responsibility to select a Trade Professional and to negotiate the terms of any Work to be performed by the Trade Professional you have selected and that the Company makes no warranty regarding any goods or services purchased or obtained through an introduction made via its Website or the Services or any transactions entered into through its Website.
The Company relies on data provided by Members and Third Parties to determine which Trade Professionals are included in the database accessible via the Website and does not recommend or endorse any specific Trade Professional.
Whilst the Company shall use its reasonable endeavours to do so, it does not guarantee to be able to find a Trade Professional suitable for undertaking a Job whether by reason of geographical restrictions or otherwise.
The Company provides no guarantee that a Trade Professional to whom it has passed a Customer's Job information will contact the Customer.
The Company cannot accept any liability in respect of any contract or other agreement entered into between the Customer and the Trade Professional. In particular, but without limitation, the Company can accept no liability relating to the quality or fitness of any Work performed or omitted to be performed by any Trade Professional and accordingly shall not be liable to the Customer for any occurrence resulting from the introduction of the Trade Professional to the Customer including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by the Customer howsoever arising.

2. General disclaimer - Trade professionals

The Company relies on Customers to specify and describe their Job requirements. The Company makes no warranty for the accuracy or completeness of any information provided by the Customer.
The Company makes no guarantee to refer any Jobs to a Trade Professional.
As the Customer retains the right to modify or withdraw its Job in the absence of a contract or other binding agreement with a Trade Professional, the Company makes no warranty as to the availability or suitability of a specific Job.
As a Trade Professional, you must ensure that you are legally able to tender for a Job. In addition, you must ensure that you are legally able to perform the Work specified in the Job description.
The Company is not party to any contract made between the Customer and the Trade Professional in relation to a specific Job and accordingly shall not be liable to the Trade Professional for any occurrence resulting from the introduction of the Customer to the Trade Professional including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by the Trade Professional howsoever arising.
Where you advise us of part P or gas certification as part of our registration process, we may (at our discretion) verify your certification, although the validity of the certificate is of your responsibility.

3. Privacy and data protection and exchange of information

By accepting this Agreement, you expressly consent to uses and disclosures of Your Information as set out in the Company's then current Privacy Policy, which is incorporated herein by reference.
The Company's Privacy Policy is available here.
The Company holds Your Information on a database and as part of the business System strictly in accordance with its Privacy Policy.
The Company will use its reasonable endeavours to forward details of Customer's Job requests to selected and suitable Trade Professionals. Should the Trade Professional express an interest in quoting for the Job then personal contact details will be sent to both the Customer and the Trade Professional concerned.
The Company will make user profile information registered including ratings and comments from Members in relation to historic Jobs available for Members and non-Members to see at any stage on the Website.
If for any reason you do not wish any or all of Your Information to be used in the way set out in these Terms and Conditions then please do not use the Services of the Company.
The Company is happy to provide, on request from a Member a copy of any data held by the Company on the requesting Member on receipt of proof of identity. For this service the Company reserves the right to charge an amount to cover administrative costs, the level of which shall be communicated to the Member at such time.
Members may only use contact information obtained from the Website or any information obtained through a Company communication for communications relating to specific Job inquiries which have been notified to the Member via the Service or the Website.
Members agree not to use any personal contact information of any other Member provided via the Service or the Website for any unsolicited or commercial messages save as expressly authorised by these Terms and Conditions or where expressly authorised by the particular Member following adequate disclosure of the purpose(s). In addition, a Member agrees to only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws.
In addition, under no circumstances, except as defined in this Section, can a Member disclose personally identifiable information about another Member to any Third Party obtained as a result of the Services without the Company's consent and the consent of such other Member after adequate disclosure.

4. Disclaimer of warranties

The Website and the Services are provided on an "as is" and "as available" basis and the Company makes no warranties or representations, whether express or implied, in relation to the Website or the Services, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.
The Company makes no warranty that the Website or use of the Services will meet your requirements or will be uninterrupted, timely, secure or error-free.
No warranty is given by the Company as to results that may be obtained or the accuracy of any information obtained through the Website or the Services or that any defects in the Website or the Services will be corrected and you understand and agree that any material or data obtained through use of the Website or the Services is at your own discretion and risk.

5. Your information

You are solely responsible for Your Information. You agree to provide true, accurate, current and complete information when providing details to the Company. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Your Information and your activities on the Website must not, be false, inaccurate or misleading, offensive, menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights. Your Information must not infringe any Third Party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy, be fraudulent, be in breach of any applicable laws or regulations (including, but not limited to, consumer protection, unfair competition, anti-discrimination, false advertising), be obscene, indecent or contain pornography.
Your Information must not create liability for the Company or cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers. Your Information must not link directly or indirectly to any other website.
To enable the Company to use Your Information, you grant to the Company 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.
Your Information may not contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any System, data or personal information. Your Information may not cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
You hereby acknowledge that the Company, at its absolute discretion, shall be entitled to edit, modify or remove any part or parts of Your Information which it considers is in breach of any of the provisions of these Terms and Conditions.

6. Your obligations

In consideration of the Company making the Website and the Services available to you, you:
1. may not submit or tender for Jobs which are prohibited by Law;
2. are responsible for procuring the necessary equipment and the payment of telephone charges necessary to access the Website;
3. accept responsibility for any content you provide on the Website;
4. agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Website without the Company's prior written permission;
5. agree not to use the Website or the Services for any illegal purpose and in accordance with all relevant laws;
6. agree not to use the Website or the Services to transmit or post any chain letters or any material for the purposes of publicity, promotion and/or advertising;
7. agree not to use the Website or the Services to distribute by any means computer viruses or worms to Members or Third Parties;
8. agree not to use the Website or the Services to transmit or post any material which is defamatory, offensive, malicious, misleading or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
9. agree not to use the Website or the Services such that the whole or part of the Website or the Services is interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website or the Services is in any way impaired;
10. agree not to use the Website or the Services in any manner which constitutes a violation or infringement of any person, firm or company or the rights thereof (including, but not limited to, Third Party intellectual property rights or confidentiality);
11. agree not to use the Website to attempt any unauthorised access to any part or component of the Website or that of any Third Party or Member to which you can connect via the Website (or other directly or otherwise connected network);
12. agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without the Company's express written permission;
13. agree not use the Website or Services as source of targeting material or contact data for any kind of telemarketing, direct marketing, viral or other electronic marketing activity on your own behalf or on behalf or for the benefit of a Third Party;
14. agree not to bypass measures we may use now or in the future to prevent or restrict access to the Website or certain information contained therein;
15. agree that in the event that you have any right, claim or action against any user arising out of the use of the Website or the Service, then you will pursue such right, claim or action independently of, or without recourse to the Company.

7. Tradesperson qualifications

Rated People believe that its bespoke rating system provides Customers with the best independent feedback on the quality, value and reliability of a Trade Professional. Furthermore, the willingness of a Trade Professional to be rated may provide Customers with a level of confidence regarding the Trade Professional's ability. Rated People ensure that the email and mobile phone contact details of all Trade Professionals are validated prior to the Trade Professional using the Website or the Service.
It is the responsibility of the Customer to satisfy themselves that the Trade Professional is appropriately qualified to complete the job prior to accepting a quote and where a specific trade accreditation or registration is required to be held by a Trade Professional for a particular job we advise the Customer to request sight of evidence of the applicable accreditation or registration from the Trade Professional prior to the Trade Professional commencing the job.
Notwithstanding the provisions of clause 2(f) of these terms and conditions, the Company does not undertake to verify or guarantee any Trade Professional’s trade accreditation or registration on the Customer’s behalf nor whether any such documentation is still valid.

8. The company's rights

The Company reserves the right to modify or discontinue all or part of, temporarily or permanently, the Website or the Service with or without notice to you and you confirm that the Company shall not be liable to you or any Third Party for any modification to or discontinuance of the Website or the Service.
The Company may change the terms and conditions from time to time and shall post such alterations on the Website and shall update the date upon which the terms and conditions were last modified at the beginning of this document. If you do not agree to the changes made to the terms and conditions you must stop using the Website and the Service. Your continued use of the Website and the Service after the date the changes have been posted will constitute your acceptance of the amended terms and conditions.
The content, layout and organisation of the Website shall be subject to variation at the sole discretion of the Company.
In the event of the Company's publication of the Website being restricted, curtailed or prevented by any law or any other act or thing beyond the Company's control, the Company may at any time, notwithstanding anything contained in this Agreement, forthwith terminate this Agreement in whole or in part.

9. Intellectual property rights

To the extent that all copyright and other intellectual property rights throughout the world in Your Information does not vest in the Company by operation of law or the other provisions of this Agreement, you hereby grant to the Company (free of charge) an exclusive, perpetual, royalty-free licence to use such information for any purpose.
You hereby acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Website (the "Rights"), including the manner in which the Website is presented or appears and all information and documentation relating thereto is the property of the Company and nothing contained herein shall be construed so as to transfer any such rights to you.
Without prejudice to the generality of the foregoing, if and to the extent that you own any or all of the Rights, you hereby irrevocably and unconditionally assign the Rights, with full title guarantee, to The Company for the full period of copyright and all renewals extensions and/or revivals thereof and thereafter in perpetuity, throughout the world.

10. Indemnity

You agree to indemnify the Company forthwith on demand and hold the Company harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by the Company in connection with any claims, actual or threatened, of any kind (including without limitation any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the provision of Your Information or from your use of the Website or the Services.

11. Limitation of liability

Neither party shall, nor shall it purport to, exclude or restrict liability for death or personal injury resulting from the negligence of it or its employees, servants or agents acting in the course of their employment.
You acknowledge that the Company has no control over the information that can be accessed by using the Website and the Services and that the Company may not examine your use of the Services or the nature of the information you are sending or uploading. The Company therefore excludes all liability of any kind for the transmission or reception of such information of whatever nature.
The Company does not represent that the information contained in the Website or in any communication from the Company, including but not limited to telephone conversations, E-mails and letters, is accurate, verified, current, comprehensive or complete. They could contain inaccuracies, typographical, human and/or machine errors or omissions. The Company will not be liable in any circumstances for any direct, indirect, consequential or special damages arising from use of the Website or Services of the Company. For these reasons users of the Website should neither rely, nor act upon any of the information contained within The Website, and if anyone does so, it will be entirely at their own risk.
E-mails that are automatically generated from information provided by Customers and Trade Professionals are NOT under the editorial control of the Company. These may be automatically sent un-checked and un-edited by the Company and therefore they do not necessarily reflect the opinions and/or beliefs of The Company.
The Company is not responsible and cannot be held liable for any inaccuracies, the validity, reliability, any falsehoods, misrepresentations, defamatory language or words, libellous statements, fraudulent activities or any other damaging words, sentences or statements contained in the components of E-mails that are not under the editorial control of the Company.
You agree that, except for death and personal injury arising from our negligence, the Company shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where the Company has been advised of the possibility of such loss or damage).
Without limiting the generality of Clauses 1(e) and 1(f) of this Agreement, Customers agree not to hold the Company responsible for any damages or other liabilities arising from Work performed by any Trade Professional. The Company does not and cannot be involved in Customers' dealings with Trade Professionals, or control whether or not Trade Professionals will complete any Work as agreed and in the event that a Customer has a dispute with one or more Trade Professionals, the Customer hereby releases the Company (and its agents and employees) from any and all claims, demands and damages (actual and consequential) 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.
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 therefrom, are hereby expressly excluded to the extent permitted by law.
While every reasonable care will be taken in respect of information supplied by you, the Company cannot accept liability for any information placed or omitted to be placed on the Website (whether or not any such liability is occasioned by the Company's fault or negligence or otherwise).
The Company cannot and does not guarantee and does not warrant against human and/or machine errors, omissions, delays, interruptions or losses of information or data, infringing any material, or defamation.
The Company cannot guarantee the day or time that the Company will respond to any E-mail, telephone or written enquiries or Website form submissions.
Any responses made by the Company do not purport to be complete and exhaustive.
Without limiting the foregoing, the Company shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown, transmitter or satellite degradation, failure of the Internet, interruption or failure or any other condition beyond the control of the Company's affecting production or delivery of the Website and any information incorporated in it in any manner or any of its obligations under this Agreement.
Each of the provisions of this Clause 11 shall be construed separately and independently of the others.

12. Disputes

Should Members have a dispute with another Member, they must, in the first instance, address such dispute directly to the Member concerned and feedback the results to the Company.
The Company may at its sole discretion without being under legal obligation to do so, investigate any grievances held by Members, and may discuss any investigation with all involved parties. However there are only three possible outcomes of a grievance investigation:
1. a Member may be allowed to continue using the Services of The Company;
2. Member may be Suspended from using the Services of The Company for a period of time, at the discretion of The Company;
3. a Member may be banned indefinitely from using the Services of The Company.
You hereby agree to release The Company from any damages or claims (including punitive, consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes.

13. Suspension and termination

The Company reserves the right to Suspend or discontinue its Service to individual Members, with immediate effect, as it sees fit and in circumstances including, but not limited to:
1. where The Company has not received written permission from provisional Trade Professionals to undertake the necessary checks as part of its vetting process within the required 14-day period.
2. where payments that are due have not been settled within 14 days.
3. where the Company suspects that a Member is in material breach of any term hereof.
Either party may terminate this Agreement forthwith by written notice if the other commits any material breach of any term hereof and which (in the case of a breach capable of being remedied) shall not have been remedied within 30 days of a written request to remedy the same.

14. General

Clause headings are inserted for convenience only and shall not effect the construction hereof.
If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.
You may not assign, transfer or sub-contract any of its rights hereunder without the prior written consent of the Company. The Company may assign, transfer or sub-contract all or any of its rights at any time without your consent.
Any express or implied waiver by the Company of any term or condition hereof or any breach or default by you may be terminated by the Company at any time. No such waiver shall constitute a continuing waiver nor shall it prevent the Company from acting upon that or any subsequent breach or default or from enforcing any term or condition hereof.
This Agreement constitutes the entire agreement between the Company and you as to the subject matter hereof and supersedes all previous communications, representations and arrangements, either written or oral (other than fraudulent misrepresentation). You acknowledge that no reliance is placed on any representation made but not embodied herein.
The provisions of Clauses 1, 2, 3, 4, 9, 10, 11, and 14(f) shall survive termination of this Agreement.
Any notice to be given under this Agreement may be given via E-mail, regular mail, facsimile or by hand to the address provided on the Website or otherwise as notified by one party to the other.
No terms or conditions other than those set forth herein or any variation thereof under Clause 8(b) shall be binding upon The Company, unless in writing and signed on behalf of both The Company and you.
Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.
This Agreement shall be subject to the laws of England and Wales and the parties shall submit to the exclusive jurisdiction of the English courts.

If you have any further comments or questions regarding our User Agreement, Privacy Policy or Payment Terms then please Contact Us - we're ready to help.

Additional User Agreement for TRT Programme

Notice: Please read the following carefully. You are offered use of the TRT Programme based on the terms and conditions set out below which should be read in conjunction with our User Agreement, Privacy Policy and Payment Terms. By using the TRT Programme you agree to be bound by these additional terms and conditions. If you do not agree to these additional terms and conditions you cannot use the TRT Programme.

These terms and conditions were last modified on 18th January 2012.

1. Definitions

The definitions contained in our User Agreement shall also apply to this Additional User Agreement where the context allows, together with the following additional definitions:

"Acceptance" means the acceptance of a Quote or a revision to the Quote by a Customer as notified to the Company via the TRT System and (where applicable) the receipt of the Deposit by the Company
"Commencement Date" means the date agreed between the Customer and the Top Rated Tradesman as recorded on the TRT System for commencement of the Works
"Completion Date" means the date agreed between the Customer and the Top Rated Tradesman as recorded on the TRT System for completion of the Works
"Deposit" means the deposit to be paid by the Customer to the Company as part payment of the cost of the Works as detailed in the Quote
"Dispute Resolution Process" means the process by which the Customer, the Company and the Top Rated Tradesman agree to settle any disputes between them deriving from the Works as more specifically set out in clause 10 of this Additional User Agreement
"Final Payment" means the final payment due from the Customer to the Company in respect of the Works as set out in the Quote on the TRT System after taking into account any Deposit and Staged Payments made
"Force Majeure" means any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown, transmitter or satellite degradation, failure of the Internet, interruption or failure or any other condition beyond the control of a party to this Agreement
"Guarantee" means the guarantee to be provided by the Company to the Customer in respect of the Works and as more specifically set out in clause 9 of this Additional User Agreement
"Insurance Events" mean any or all of fire, explosion, lightning, storm, tempest, flood, bursting or overflowing water tanks, apparatus or pipes, earthquake, aircraft or other aerial devices or articles dropped therefrom, riot, civil commotion and malicious damage
"Practical Completion" means the date upon which the Company notifies the Customer via the TRT System that the Top Rated Tradesman has properly completed the Works and that there are no apparent deficiencies or defects in the Works which would prevent normal, reasonable and beneficial use and enjoyment of the result of the completed Works
"Quote" means the details of the Works agreed between the Customer and the Top Rated Tradesman including detailed scope and specifications, timings and costings of the Works as recorded on the TRT System as the same may be varied from time to time in accordance with the Variation Process
"Staged Payments" means the staged payment(s) due from the Customer to the Company in accordance with the Quote in respect of the Works as notified to the Customer by the Company via the TRT System
"Top Rated Tradesman" means a top rated tradesman, tradeswoman, trades company or any other person, persons, company, or companies that the Company has selected from its registered Trade Professionals against a number of pre-determined criteria as being suitable to carry out the Works
"TRT Programme" means - the additional services and procedures provided/used by the Company to Members to enable them to have the Works carried out by a Top Rated Tradesman further details of which are contained within this Additional User Agreement and in other parts of the Website.
"TRT System(s)" means - the software, hardware, batch programmes, and automated processes that are used by the Company in order to provide components of the TRT Programme.
"Variation Process" means the process by which the Works and/or the Quote can be varied by the mutual agreement of the Customer and the Top Rated Tradesman as recorded on the TRT System and as more specifically set out in clause 4.4 of this Additional User Agreement
"Works" means those works agreed between the Customer and the Top Rated Tradesman to be carried out by the Top Rated Tradesman for the Customer in accordance with the details contained in the Quote

2. General

In the event that a Customer’s Job request meets the criteria for submission to the TRT Programme and the Customer then nominates to submit a Job request via the TRT Service the terms and conditions contained in this Additional User Agreement shall apply in addition to the terms and conditions contained in the User Agreement, Privacy Policy and Payment Terms.
Once a Job has been submitted via the TRT System the Company shall nominate a Top Rated Tradesman appropriate for the submitted Job and if the Customer confirms they would like to be connected to the selected Top Rated Tradesman, the Company shall provide the details of the Job and the Customer to the selected Top Rated Tradesman so that the Top Rated Tradesman can contact the Customer directly in order that a Quote can be prepared and submitted.

3. TRT Service and Acceptance

Once a Customer has been introduced to a Top Rated Tradesman via the TRT Programme the Customer agrees to cooperate with the Top Rated Tradesman with a view to agreeing the full scope and specification of the Job.
Following the uploading of a Quote to the TRT System the Customer shall be at liberty to accept or decline the Quote.
If the Quote is accepted, the Customer will be required to advise the Company of this via the TRT System and to pay the Deposit stipulated in the Quote for the Works and shall, in so doing, enter into a binding contractual agreement with the Company to allow the Works to be carried out by the Top Rated Tradesman on the terms of the Quote and in accordance with the terms and conditions set out in this Additional User Agreement. This stage is defined as "Acceptance" for the purposes of this Additional User Agreement.
Following Acceptance, the Company shall enter into a binding contractual agreement with the Customer relating to the Works on the terms of the Quote and in accordance with the terms and conditions set out in this Additional User Agreement.
Following Acceptance the Company agrees to use its best endeavours to ensure that the Top Rated Tradesman carries out the Works for the Customer in accordance with the terms of the Quote and carries out its obligations under this Additional User Agreement.
Following Acceptance, the Customer agrees to liaise directly with the Top Rated Tradesman to agree the Commencement Date for the Works and to post the details of the Commencement Date onto the TRT System.

4. The Works

The Customer agrees with the Company to pay for the Works in accordance with the Quote and its other obligations set out in this Additional User Agreement and in particular as each stage of the Works as detailed in the Quote is reached or completed (as applicable) the Customer agrees to pay to the Company the applicable Stage Payments and the Final Payment via the TRT System.

5. Instructions, Communication and Variation Process

It is acknowledged that the Customer and the Top Rated Tradesman shall communicate directly with each other in respect of the carrying out of the Works but the Company shall not be bound by any communications, instructions or variations agreed between the Customer and the Top Rated Tradesman unless and until such communications, instructions or variations have been posted and accepted onto the TRT System.
If the Customer fails to comply with any instruction reasonably and properly recorded on the TRT System, the Company reserves the right to suspend the Works until such time as the instruction has been complied with or to amend the timescale for the Works or have the Works completed by an alternative contractor if the original Top Rated Tradesman is no longer available to carry out the Works on account of the delay in payment by the Customer.
If either the Customer or the Top Rated Tradesman wishes to make any variation to the Works or the Quote, such variation shall only become binding on the Company in the event that the Variation Process has been complied with.
The Variation Process is as follows:
1. any variation to the original Quote shall be discussed between the Customer and the Top Rated Tradesman;
2. once determined, the Top Rated Tradesman will post the variation onto the TRT System by recording a revised version of the Quote on the TRT System (“the Revised Quote”);
3. the Customer will be notified of the Revised Quote via the TRT System and shall be at liberty to accept or decline the Revised Quote;
4. if the Customer accepts the Revised Quote on the TRT System, the Quote will be deemed varied by the terms of the Revised Quote;
5. if the Customer does not accept the Revised Quote, the original Quote will continue to apply. Once the Variation Process has been completed in accordance with this clause, the Quote shall be deemed to be varied and binding on the Customer, the Top Rated Tradesman and the Company.

6. Customer obligations

In consideration of the Company making the TRT Programme available to the Customer, the Customer agrees as follows:
1. you will give the Top Rated Tradesman and the Company access to the site where the Works are to be carried out on the Commencement Date and for the duration of the Works;
2. you will notify your household insurers that you are about to have the Works done at your property and the nature and extent of the Works and you agree to follow any recommendations the insurers may have in relation to the Works;
3. you will allow the Top Rated Tradesman to carry out the Works during the days and hours specified in the Quote unless agreed otherwise with the Top Rated Tradesman and the Company;
4. you will keep the working areas sufficiently clear of obstructions to allow the Top Rated Tradesman to carry out the Works;
5. you will allow the Top Rated Tradesman to carry out the Works in an order which it considers necessary to finish the Works in accordance with any timeframe stipulated in the Quote;
6. you will allow the Top Rated Tradesman to use electricity and water on site free of charge to the extent necessary for the Top Rated Tradesman to carry out the Works;
7. in the event of any dispute arising relating to the Works, you agree to use your reasonable efforts to resolve the dispute directly with the Top Rated Tradesman in the first instance and to follow any advice provided by the Company about resolving the dispute. In the event that you are unable to resolve the dispute directly you agree to be bound by and follow the Dispute Resolution Process;
8. you will not agree any variations to the Quote or the Works with the Top Rated Tradesman unless the variation has been posted on the TRT System; and
9. you will not make any payment for the Works direct to the Top Rated Tradesman without the express prior consent of the Company.

7. Payment and Practical Completion

The Customer shall pay the agreed cost of the Works to the Company in accordance with the following provisions.
All payments due for the Works whether they be the Deposit, Stage Payments or Final Payment shall be paid by the Customer to the Company via debit or credit card, bank transfer or cheque.
From time to time during the Works the Company shall provide the Customer with 2 working days prior notice via the TRT System that a Stage Payment is due.
No later than 2 working days after the issue of such notification the Customer may give notice to the Company of any amount the Customer intends to withhold, stating the amount to be withheld and the grounds for doing so. If the Customer gives such a notice to the Company, the Company shall review the notice and attempt to resolve any issues raised by the Customer with the Customer and the Top Rated Tradesman so that full payment can be made without any withholding or deduction. The Customer agrees to cooperate fully in such process and with any recommendations the Company reasonably makes in seeking resolution. If the Company is unable to resolve any issue within 2 working days, the Company reserves the right to suspend the Works and refer the matter to the Dispute Resolution Process.
If the Customer does not give such notice, the Customer shall pay the amount notified on the date that the payment is due as recorded in the Quote (“the Due Payment Date”). In the event that the Customer fails to make a payment on the Due Payment Date, the Company shall notify the Customer of the failure within 2 working days of the Due Payment Date and reserves the right to suspend the Works if payment remains outstanding after that notification.
Once the Top Rated Tradesman has notified the Company that Practical Completion has taken place via the TRT System, the Company shall give notification of Practical Completion to the Customer and advise the Customer that the Final Payment is due ("the Final Due Payment Date").
No later than 2 working days after the Final Due Payment Date the Customer may give notice to the Company of any dispute it has in relation to whether Practical Completion has taken place and the grounds for any dispute. If the Customer gives such a notice to the Company, the Company shall review the representations made by the Customer and attempt to resolve any issues raised by the Customer so that Practical Completion can take place. If the Company is unable to resolve any issue within 2 working days, the Company reserves the right to refer the matter to the Dispute Resolution Process.
If the Customer does not give such notice, the Customer shall pay the amount notified within 2 working days of the Final Due Payment Date.

8. The Company's rights

The Company reserves the right to modify or discontinue all or part of, temporarily or permanently, the TRT Programme with or without notice to you and you confirm that the Company shall not be liable to you or any Third Party for any modification to or discontinuance of the TRT Programme.
The Company may change the terms and conditions of this Additional User Agreement from time to time and shall post such alterations on the Website and shall update the date upon which the terms and conditions were last modified at the beginning of this document. If you do not agree to the changes made to the terms and conditions you must stop using the TRT Programme. Your continued use of the TRT Programme after the date the changes have been posted will constitute your acceptance of the amended Additional User Agreement.

9. Completion Date, extension of Completion Date and Compensation

Where a Completion Date is specified in the Quote, the Customer shall provide all reasonable assistance to the Top Rated Tradesman to enable it to complete the Works by the Completion Date.
The Company, and the Customer agree to extend the Completion Date by a fair and reasonable amount if any of the matters specified below occur:
1. an event of Force Majeure;
2. an Insurance Event;
3. if the Completion Date is extended in accordance with the Variation Process
In the event that the Top Rated Tradesman fails to complete the Works by the Completion Date and sub-clause 8.2 does not apply, and in the event that any compensation provisions for late completion have been expressly agreed within the Quote, the Company shall comply with the provisions set out in the Quote in relation to such over-run, subject to the provisions of sub-clause 9.1.
In the event that a dispute arises regarding the causes of late completion, the Company reserves the right to refer the matter to the Dispute Resolution Process and following such referral, the Customer agrees to the dispute being resolved in accordance with the Dispute Resolution Process

10. Insurance, Guarantee and Limitation of liability

The Company shall procure that the Top Rated Tradesman shall indemnify the Company and the Customer against any liability, damage or claim resulting from personal injury or the death of any person or damage to any property of any other persons arising from the carrying out of the Works save insofar as the same result from any breach of contract, negligence or breach of statutory duty on the part of the Customer or the Company. The Company shall also procure that the Top Rated Tradesman shall take out and maintain until the Completion Date, insurance against the liabilities referred to in this clause whether on its part or on the part of any sub-contractor. Such insurance shall be in an amount not less than £1,000,000.00 for any one occurrence or series of occurrences arising out of one event.
The Company shall further procure that the Top Rated Tradesman shall insure the Works against the Insurance Events in the joint names of the Client, the Customer and the Company. Such insurance shall also cover any unfixed materials and goods delivered to and intended for the Works. The Company agrees to provide the Customer with a copy of the Top Rated Tradesman’s current and valid insurance documentation upon request, and in the event that the insurance does not cover the Works or has expired and not been renewed the Company reserves the right to terminate its agreement with the Top Rated Tradesman in respect of the Works
The Company’s liability under sub-clause 8.3 shall not exceed the Final Payment due from the Customer for the Job and in the event of any conflict between the terms of the Quote and this sub-clause 9.3, this sub-clause shall prevail.
Once Practical Completion of the Works has occurred and the Customer has accepted Practical Completion has occurred, the Company agrees with the Customer to guarantee the Works by agreeing to remain responsible for any faults in the Works arising from faulty workmanship or installation by the Top Rated Tradesman (excluding any faults arising from fair wear and tear) for a period of 2 years from the date of Practical Completion.
Save as expressly provided herein, the Company shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where the Company has been advised of the possibility of such loss or damage).
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 therefrom, are hereby expressly excluded to the extent permitted by law.
Without limiting the foregoing, the Company shall have no liability for any failure or delay resulting from an event of Force Majeure.
Each of the provisions of this clause 9 shall be construed separately and independently of the others.

11. Dispute Resolution Process

In the event that a dispute arises between the Company, the Customer and/or the Top Rated Tradesman the parties agree to abide by the following Dispute Resolution Process:
In the first instance the Company shall use its reasonable endeavours to resolve the dispute by talking to both the Customer and the Top Rated Tradesman and, if the Company deems it appropriate, by holding a meeting between the respective parties on the site of the Works and the Customer and Top Rated Tradesman both agree to cooperate fully in such process.
If this action is unable to resolve the dispute the Company reserves the right to instruct a member of the Royal Institute of Chartered Surveyors (RICS) to investigate any aspect of the Works which has given rise to the dispute on the Company’s behalf and the Customer and Top Rated Tradesman both agree to cooperate fully in such process.
All the parties agree to consider in good faith the recommendations of the RICS member appointed by the Company with a view to resolving the dispute.
In the event that the parties are still unable to resolve the dispute, any of the parties can elect to have the dispute resolved by an adjudicator appointed by agreement, or in the absence of agreement, an adjudicator appointed under an adjudication scheme run by the RICS.
The parties agree to abide by the decision of the adjudicator in resolution of the dispute save in the case of manifest error.

12. Termination, Suspension and Consequences of Termination

Without prejudice to its other rights and remedies the Company may terminate its agreement with the Customer in respect of the Works in the event that the Customer:
1. fails to make payment for the Works when such payments fall due;
2. impedes the carrying out or completion of the Works;
3. fails to comply with any instruction properly issued to it under clause 4;
4. commits any other substantial breach of its obligations under this Additional User Agreement and such breach is not remedied (if capable of being remedied) within 7 days of notice of such breach.;
As an alternative to termination, the Company may, at its discretion, elect to suspend the Works for such period as it reasonably determines, sufficient to enable any problem arising from the Works to be rectified and the Customer agrees to abide by the decision of the Company in this regard.
The Company also reserves the right to terminate its agreement with the Top Rated Tradesman in respect of the Works in the event that the Top Rated Tradesman:
1. fails to proceed regularly and diligently with performance of the Works;
2. fails to meet its health and safety or environmental responsibilities in respect of the Works;
3. fails to comply with any instruction properly issued to it under clause 4;
4. has an order made against it for is bankruptcy (in the case of an individual) or winding up (in the case of a company);
5. commits a criminal offence or is guilty of any dishonesty or serious misconduct in each case which in the reasonable opinion of the Company renders the Top Rated Tradesman unfit to continue to carry out the Works
6. is, in the reasonable opinion of the Company, so incompetent or careless that the Works are or are likely to be of an unacceptable standard; or
7. commits any other substantial breach of its obligations under its Additional User Agreement with the Company and such breach is not remedied (if capable of being remedied) within 7 days of notice of such breach.
In the event that the Company terminates its agreement with the Top Rated Tradesman
1. the Customer shall not be entitled to compel the Company to ensure that the Works are completed by the Top Rated Tradesman but the Company shall use all reasonable effort to source an alternative contractor which may, but does not have to, be an alternative Top Rated Tradesman, to provide a new quote for such part of the Works as are unfinished and if the Company is able to do so and the Customer accepts the new quote then the new quote shall become the Quote for the purposes of this Additional User Agreement;
2. the Customer shall not be entitled to compel the Company to ensure that the Works are completed in accordance with the costings or timings stipulated within the Quote but the Company shall use all reasonable effort to get the alternative tradesman to carry out the remaining Works at a comparable price within a reasonable timescale;
3. the Company shall have no liability to the Customer under its agreement with the Customer for the Works save as expressly set out in this sub-clause 11.4.
In the event that the Company terminates its agreement with the Customer in respect of the Works:
1. the Customer shall immediately pay all sums properly due to the Company up to the date of termination in respect of the Works or part of the Works which have been completed prior to termination.

13. General

Clause headings are inserted for convenience only and shall not affect the construction hereof.
If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.
You may not assign, transfer or sub-contract any of its rights hereunder without the prior written consent of the Company. The Company may assign, transfer or sub-contract all or any of its rights at any time without your consent.
Any express or implied waiver by the Company of any term or condition hereof or any breach or default by you may be terminated by the Company at any time. No such waiver shall constitute a continuing waiver nor shall it prevent the Company from acting upon that or any subsequent breach or default or from enforcing any term or condition hereof.
This Agreement constitutes the entire agreement between the Company and you as to the subject matter hereof and supersedes all previous communications, representations and arrangements, either written or oral (other than fraudulent misrepresentation). You acknowledge that no reliance is placed on any representation made but not embodied herein.
The provisions of Clauses 9, 10, 11 and 12.6 shall survive termination of this Agreement.
Any notice to be given under this Agreement may be given via E-mail, regular mail, facsimile or by hand to the address provided on the Website or otherwise as notified by one party to the other.
No terms or conditions other than those set forth herein or any variation thereof under Clause 5 shall be binding upon the Company, unless in writing and signed on behalf of both the Company and you.
Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.
This Agreement shall be subject to the laws of England and Wales and the parties shall submit to the exclusive jurisdiction of the English courts. If you have any further comments or questions regarding our User Agreement, Privacy Policy or Payment Terms then please Contact Us - we're ready to help. back to top