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1. DEFINITIONS
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1.1 The words and phrases that are shown in italics throughout these Terms and Conditions, their meanings and definitions are described here; 1.1.1 Company or Company?s or The Company; means ? The business of ukworkmen.com, its shareholders, employees, affiliates, associated and contracted persons, companies or businesses supplying Services to The Company. 1.1.2 Website or The Website; means - the web spaces, pages, and its contents and graphics under the editorial control of authorised Members of The Company. 1.1.3 Member or Membership or Trades Professional or Trade Professionals or Workmen; 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 Clients and potential Clients, with the aim of providing goods and/or Services to these Clients. 1.1.4 Client or Clients; means - person or persons using the Services of The Company in order to be introduced to Trades Professionals and/or use the Services of the introduced Trades Professional or their Sub-Contractors. 1.1.5 Service or Services; means - The Services, procedures, and/or methods; provided/used by The Company to Trade Professionals and/or Clients and includes, but is not exclusive to; information, products and Services provided by telephone, fax, mail, on The Website and by E-mail. 1.1.6 System or Automated System; means ? The software, hardware, batch programmes, and automated processes that are used by The Company in order to provide components of The Service through the internet. 1.1.7 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 the Term or Condition, as being other than; The Company, a Trades Professional or Client as described in these definitions. 1.1.8 E-mails; 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. Including components of E-mails sent by The Company that are NOT under the editorial control of The Company. 1.1.9 Job or Work; means - Services carried out by Trades Professionals, for or on behalf of Clients. 1.1.10 On Hold or Suspension or Suspend or Suspended; means ? The Company will not send Client details to Trades Professionals that are either On Hold or Suspended, although Job descriptions may still be sent. 1.1.11 Sub-Contractor or Sub-Contractors; means - contractors, Sub-Contractors, and self-employed professionals, or any other person or Company Working; for or on behalf of themselves and not directly employed by UKworkmen.
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2. GENERAL
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The aim of The Company is to help Clients find Trades Professionals, and Trades Professionals find Clients, The Company aims to provide a quality, honest, and reliable Service. 2.1 On using the Services of The Company you agree to, and agree to be bound by all of The Company?s Terms and Conditions. 2.2 The Company reserves the right to update, amend, add to or remove components and clauses of these Terms and Conditions, as it sees fit, and without notice. Although 30 days notice will normally be given; changes will be posted on The Website and an E-mail will be sent to all Member Trades Professionals. Any changes to these Terms and Conditions will have immediate effect once applied and posted on The Website, these changes apply to all new transactions, Job notifications and Client/Trades Professional introductions that take place after the changes have been applied. 2.3 The Company is NOT Working in the capacity of Trade body, contractor, recruitment agency or in any other capacity other than that of advertising, to and for; Trades Professionals and Clients and/or introducing the Trades Professionals and Clients to each other. However, company directors are also directors of recruitment agencies, and construction firms but will use the site to tender and post jobs as normal Trades Professionals and clients. 2.4 The Company will only send Clients personal details to a maximum of six Trades Professionals that request it, and only when proper password authorisation has been given by each requesting Trades Professional. 2.5 It is the duty, if so desired, for the Client to enter into a contract with the individual Trades Professionals that The Company has referred them to; under no circumstances will The Company be included in this contract or mentioned therein. 2.6 Data Protection: Please note that The Company may/will hold all information that Trades Professionals and Clients provide to The Company on a database and as part of the business System. The Company will broadcast E-mails of Clients Job requests, to suitable Trades Professionals, at this point personal details are withheld. Client personal details may be sent(after tender) to one, or more, Trades Professionals. If for any reason you or your Company does not wish any or all of your information to be used in this way please do not use Services of The Company. 2.7 The Company is happy to provide, on request by Clients, Trades Professionals, individuals or companies, a copy of any data held, by The Company. 2.8 On receipt of a completed or partially completed form from The Website, The Company may/or may not, automatically or manually; record all of the given information on a database, forward all or part of that information via E-mail to any number of Clients and/or Trades Professionals, as The Company sees fit. Anyone sending information about themselves or their Company or any Third Party, to The Company, are in essence giving The Company the right to do anything it wants to do with it.
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3. CONDITIONS OF MEMBERSHIP
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3.1 On application for Membership of the Services provided by The Company, Trades Professionals must; 3.1.1 Complete the registration form in full supplying contact details and email address including two references for previously completed jobs. 3.1.2 In order to encourage visitors to The Website to use the Services of Trades Professionals; The Company requests references from all Trades Professionals applying for Membership to the Services of The Company. Although we do not guarantee the work by Trades Professionals that you find via our site we have several measures in place which will help you judge the reputation of a particular Trades Professional. a) Trades Professionals must provide two recent references from satisfied customers to us during the registration process. When a Trades Professional tenders for a particular job, an mail will be sent to the job advertiser. If we have verified the references then the email, in addition to other information about the tender, will indicate that the references provided on registration were valid. If we have not yet verified the references, the references themselves will be provided to the job advertiser, so that he or she may verify the references. b) In addition to the above we collect feedback on each of our registered workmen on an ongoing basis. The job advertiser will be able to view the feedback of a particular workman who tenders for his or her job. The job advertiser will also receive instructions on how to provide feedback on the workman in the case that the workman does undertake the job in question. 3.2 If The Company for any reason feels that the references provided by any Trades Professional is not sufficient, or not up to standard, The Company reserves the right to request that further information be submitted, and/or Suspend The Trades Professional Or Refuse The Trades Professional Membership to the Services of The Company, as it sees fit. 3.3 The Company reserves the right to Suspend or ban or discontinue any Trades Professional?s Membership as it sees fit, without giving any reason or explanation, if it so desires. The Companies decision is final. 3.4 Trades Professionals using the Services of The Company may use the Services of Sub-Contractors and/or employees to complete any Work that has been gained through the Services of The Company; however the following conditions must be met: 3.4.1 Trades Professionals are deemed fully responsible and accountable for ALL Works, Workmanship, services, supplied products, guarantees, warrantees provided to Clients, and fee?s payable to The Company. Members are also fully responsible and accountable for any and all Works, Workmanship, guarantees, warrantees carried out or given by Sub-Contractors, or any other Third Party on their behalf. 3.4.2 Guarantees and warrantees must cover Work, carried out by Sub-Contractors and products and goods supplied by them. 3.4.3 Sub-Contractors must be properly insured for Public and Employee liability, either by the Trades Professional or the Sub-Contractor. 3.4.3 Sub-Contractors must fully adhere to and fully comply with these terms and conditions.
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3.5. CODE OF CONDUCT
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3.5 Members are expected to comply with the following Code of Conduct; failure to do so may lead to disciplinary action, such as suspension or removal of membership. 3.5.1 Responsibilities: Members must ensure that their subcontractors and staff adhere to this code of conduct. The member will be held responsible for any failure/s by persons or companies acting behalf of the member. 3.5.2 Health and Safety: Members must use safe working practices at all times and comply with current health and safety legalisation. Members must have adequate Public Liability Insurance, and any staff they have must be protected by Employers Liability Insurance. 3.5.3 Legal: Members must conduct their business in a legal, fair, and honest manner. 3.5.4 Standards: Members must comply with all current standards, and all statutory and building regulations that apply to the work being carried out. 3.5.5 Competence: Members must ensure that: they, their staff, and any subcontractors; are competent, capable, and knowledgeable. Where necessary they must hold relevant qualifications to satisfy all current legal and regulatory requirements, for the work being carried out. 3.5.6 Contract: Projects with a value of over £500 must be bound by a legally binding and fair contract, describing all work to be carried out, and including start and finish dates; signed by both parties and witnessed. Any changes, by either party, must be agreed in writing, and signed. 3.5.7 Complaints Procedure: Complaints must be handled in a professional manner, promptly, and properly documented. 3.5.8 Warranty: Members must offer, when reasonable, written warranties suitable for each project. The duration and cover may be negotiable, depending on the size and nature of the job's. 3.5.9 Time Frame: Before taking on a new project; members must ensure that they have sufficient staffing, and equipment resources available to ensure that the project is completed within the time frame agreed with the client. In the event of unavoidable delays; clients must be informed, preferably in advance, of the new time frame, and an explanation for the delay given in writing. 3.5.10 Respectful: Members, and people working on their behalf; must behave in a respectful manner and respect the clients privacy, security, and property; at all times. Appointments must be met on time, and notice given if there is an unavoidable delay. At the end of the day all work areas are to be left clean and tidy, and rubbish removed at the end of the project.
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4. WEBSITE
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4.1 Changes are periodically made to The Website, and E-mail Services, and The Company reserves the right to change, amend, update, or discontinue any or all of its Services, and Website pages as The Company sees fit, and without notice, although 30 days notice will normally be given. 4.2 You are responsible for validating the integrity of any information received over the internet or by E-mail.
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5. DISCLAIMERS
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5.1 The Company will do its best to reduce the risks to both Clients and Trades Professionals. The Company makes reasonable basic efforts to vet/screen Trades Professionals when they apply for Membership to the Service. The Company will also monitor feedback from Client's on the performance of Trades Professionals that have been introduced to them by The Company. 5.2 The Services of The Company are provided as is, and The Company make absolutely no guarantees or warranties, either expressly or implied, as to the accuracy, adequacy, reliability, fitness or quality for any particular purpose of any of the Trades Professionals, Services or goods supplied by Trade Professionals, Clients, the information or Services for a particular purpose or use and all such guarantees or warrantees are expressly excluded to the fullest extent that such guarantees and warrantees are excluded by law. Clients are strongly advised to carry out checks on any trade professional/s, whether introduced by The Company or otherwise, prior to employing or forming a contract with them. 5.3 The Company does NOT guarantee that The Company will be able to match the Client?s or your needs with a Trades Professional in the requested geographical area, that are either willing or capable to complete the Client's or your request. 5.4 The introductions, or any other information given by The Company about Clients, Trade Professionals or any Third Parties, are not meant to, and do not serve as professional advice, references, or endorsements of any kind, either expressly or by implication. 5.5 You acknowledge and agree that the Services of The Company are provided to you on an "as is" basis without any warranty whatsoever, and your sole and exclusive remedy, and The Company?s sole obligation to you, Trades Professionals, Clients or any Third Party for any claim arising out of your use of Services of The Company or The Website, is that you are free to discontinue your use of the Services of The Company and/or The Website at any time. 5.6 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. 5.7 The Company does not represent that the information contained in The Website or in any correspondence from The Company; including E-mails, 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. 5.8 E-mails that are automatically generated from information provided by Clients and Trades Professionals on forms, on The Website, are NOT under the editorial control of The Company and 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. 5.9 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. 5.10 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. 5.11 Any responses made by The Company do not purport to be complete and exhaustive.
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6. DISPUTES
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6.1 Should Clients have a dispute with any Trades Professional, they must, in the first instance, address such dispute directly to the Trades Professional concerned, and feedback the results to The Company. 6.2 The Company will investigate any grievances held by Clients and Trades Professionals, and may discuss any investigation with all involved parties. However there are only three possible outcomes of any grievance investigation: i The Client and/or Trades Professional may be allowed to continue using the Services of The Company. ii The Client and/or Trades Professional may be Suspended from using the Services of The Company for a period of time, at the discretion of The Company. iii The Client and/or Trades Professional may be banned from using the Services of The Company. This is open to appeal, however the decision of The Company is final. The aim of this procedure is to remove sub-standard Trades Professionals from The Services of The Company, denying them a source of income and helping to protect future Clients of The Company. 6.3 The Company reserves the right to Suspend or discontinue its Service to individual Client?s and Trades Professionals as it sees fit. Clients and Trades Professionals will have the ability to appeal, however the decision of The Company is final. 6.4 Client?s and Trades Professionals 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 and Client?s dealings with Trades Professionals.
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7. PAYMENT TERMS
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7.1 The Post Job Services provided by The Company are completely FREE to Clients. 7.2 The Company may from time to time offer free Services to Trades Professionals and Clients to ensure that the site remains resourceful. 7.3 Membership fees are as follows; There is no membership fee at present. a) The Company charges Trades Professionals £1 per tender for any job/s posted on the site, this money is used for the general maintenance of the site as well as to pay the website administrators. The company reserves the right to change these terms with 30 days notice. b) Credits for tender are purchased via paypal and or Visa or credit cards. c) The Company also currently offers a free Advertise your Property for sale service. Allowing you to post detailed information about your property and saving members thousands of pounds in estate agency fee?s if the property is successfully sold through out site. 7.4 The Company reserves the right to amend or change any or all of the Payment Terms as it sees fit and without notice, although 30 days notice will normally be given.
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