Tradesperson Terms and Conditions
Introduction
By using the Services offered through this Website, you are bound by the terms and conditions as set out below. If you do not agree to be bound by these terms and conditions, you may not use or access our Service.
Definition of Terms
"App" means the FindaTrade 'Tradesman App' accessible through both the Apple and Google App stores, including any updates and modifications made to them, which are released from time to time.
"Company", "FindaTrade" or "FindaTrade Ltd" means FindaTrade Limited (registered company number: 06675218), whose head office is at Mitchell House, Brook Lane, Warsash, Southampton, Hampshire, SO31 9HN.
"Email(s)" means electronic mail sent or received by the Company either by a member of the Company or automatically on behalf of the Company.
"Homeowner(s)" means any person, persons, tradesperson or business who has either joined the site to search for tradespeople or posted a job on the site to obtain quotes for the work.
"Leads" or "Job Leads" means any Job contact which is provided by FindaTrade including job poster details
"Job(s)" means any work, project or job submitted on the website.
"Pricing" or "Tariffs" means charges applicable to tradespeople for the Services provided by FindaTrade including but not limited to Job Leads and subscription services.
"Privacy Policy" means the Company's privacy policy which may be amended from time to time as per these Terms and Conditions.
"Payment and Refund Policy" means the Company's payment and refund policy which may be amended from time to time as per these Terms and Conditions.
"Service(s)" means any product or service that is provided by FindaTrade to Users, which includes, but is not limited to: information, services and products provided through the Website or App, or by telephone or email.
"Sub-Contractor(s)" means contractors, sub-contractors, and sole traders, or any other person or company working (or contemplated by the Tradesperson to be likely to work) with or for or on behalf of a Tradesperson in connection with a Job.
"Suspended" means the temporary abeyance of a company's or Tradesperson's Trade Membership with the Company.
"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.
"Terms and Conditions" means these Terms and Conditions and Privacy Policy.
"Text(s)" means short message service (sms) sent or received by the Company either by a member of the Company or automatically on behalf of the Company.
"Tradesperson", "Tradespeople", "Tradesman", "Tradesmen" and "Trades Professional(s)" means any User that registers on the Website in order to receive Job Leads to help them obtain work posted by Homeowners.
"Trade Membership" means any Tradesperson with an active subscription to receive new job leads as per their location, trade categories/job types and coverage area."User(s)" or "You" means anyone making use of the FindaTrade Services.
"Website" means the website FindaTrade.com and any subdomains including the pages, content and graphics contained within and provided by the Company.
You understand and agree that the Company relies on Homeowners to accurately specify and describe their Job requirements. The Company makes no warranty for the accuracy or completeness of any information provided by the Homeowner.
You understand and agree that the Tradesperson is solely responsible to ensure that they are legally able to tender and carry out any work received through the Service. The Tradesperson is also solely responsible that any sub-contractors used are legally able to carry out any work received through this service.
You understand and agree that the Company is not party to any contract made between the Homeowner and the Tradesperson and/or its Sub-Contractors in relation to a specific job and accordingly the Company shall not be liable to the Tradesperson or its Sub-Contractors for any occurrence resulting from any dealings between the Tradesperson and its Sub-Contractors and the Homeowner including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by the Tradesperson and/or its Sub-Contractors howsoever arising.
You understand and agree that you will fully indemnify FindaTrade Ltd against liability (of any nature), which may befall FindaTrade Ltd as a result of your illegal or fraudulent use of our services.
You understand and agree that FindaTrade Ltd is not responsible for any interruption of service, and accepts no liability for any loss of services, sales or any other form of loss.
You understand and agree that should there be a dispute of any kind, we have the right to the final say/decision in resolving the dispute. We undertake to use reasonable judgement in any dispute and indeed to refuse to arbitrate where disputes fall into the above categories.
Intellectual Property
FindaTrade Ltd owns all the intellectual property rights relating to the website and app, including the layout, design, content, graphics and database and you agree not use or copy any part thereof without our prior permission.
You certify to the best of your knowledge, that any information you post on this site is accurate and that you are authorised to post this information. Any materials you upload remain the property right of the owner and are uploaded at the Users risk. In doing so you are giving expressed and irrevocable permission for us to store, display and use the content.
Content
You agree to use the website and app for lawful purposes only and in a way which does not infringe the rights of or restrict or inhibit anyone else's use and enjoyment of the website or app.
You understand and agree that any details, including contact information, obtained by you through this service, remain the intellectual material of this service and that you will not sell or give this information to other organisations nor individuals.
You shall not
- provide copyrighted materials without authorisation,
- provide obscene or offensive material,
- provide material whose nature and/or volume compromises the ability of FindaTrade Ltd to serve our websites (instances including but not limited to unreasonable consumption of disk space, Internet link bandwidth, CPU, and memory usage, as determined by FindaTrade Ltd's staff),
- provide materials that are deemed by the government authorities as inappropriate or illegal. Any such government determinations will be binding on the customer, not FindaTrade Ltd's.
You understand and agree that if a reference given by you is not genuine, it will be marked as false on your advert or you may have your account suspended/removed. We call references and ask homeowners to do the same and report any issues.
You understand and agree that FindaTrade Ltd cannot be held liable for the accuracy of the information provided in all references obtained by FindaTrade Ltd, either directly from the referee or via you or your representatives. Where FindaTrade Ltd makes direct contact with a referee, we verbally ask them to confirm the accuracy and ask them to visit our site to review and validate the content but we cannot guarantee they will do so. It is your responsibility to ensure the accuracy and validity of all references posted against your account.
You understand and agree that we reserve the right to remove any and all information that you have entered for any reason and specifically for system abuse.
Trade Membership
You understand and agree that we are sending you leads and not confirmed jobs. It is the Homeowners decision if they wish to hire you for the Job and FindaTrade is not responsible if work does not follow.
You understand and agree that if your account has outstanding monies owed due to failed, cancelled or charged back payments your account will be suspended and you will be contacted by one of our customer services team to resolve the issue. If after 14 days your payments are still outstanding we will look to pass your details on to a 3rd party collection agency who will contact you to take any outstanding monies owed.
You certify that your company will be responsible for all works whether the work was done by your company or by additional/external subcontractors. You understand and agree that any dissatisfaction with any work/job/project done by you may only be taken up by the customer and is a matter between you and the customer only. Any dissatisfaction/complaint will not be resolved through this service, its’ officers nor employees.
You understand and agree that we reserve the right to suspend or close any account for any reason.
Homeowner ratings and feedback comments
You understand and agree that you will not hold this service liable for any ratings given by your customers found through this service.
You understand and agree that any rating given by your customer must be for a genuine service provided or job/work/project done and is a matter between you and the customer and you agree not to ask us to get involved in any ratings disagreements.
Jobs Select Reward Membership Subscription Terms
You understand and agree that by signing up to one of our reward subscriptions memberships you will be charged per month or per quarter, according to the level you selected. This subscription will enable you to purchase jobs at a reduced rate, according to the level you selected.
You understand and agree that all reward membership subscriptions are separate to any credit in your account. Credit can only be used to purchase jobs, Advert or text notifications.
You understand and agree that your subscription will be automatically renewed up to 5 days in advance of it's expiry for the same duration, unless you notify us by email or call to change your subscription period. Please note changes requested by email will not be implemented until you receive a reply confirming the change. If you want to cancel the auto renew, you must call our member support line.
You understand and agree that any changes to your subscription including membership level and renewal period must be made before the next renewal period is due.
You understand and agree that when you first sign up to a premium membership subscription you have a 7 day 'cooling off period'. If within the first 7 days you decide to cancel your membership, you can only do so if you have not purchased any jobs at the reduced rate. After this 7 day period and for all future subscription payments no refunds are available.
You understand and agree that any job that has been purchased for less than £10 is not eligible for refund. This system has been provided to greatly reduce the cost of buying leads. If you wish to have the right to job lead refunds, please talk to one of our customer care team to transfer into either our 'job select full price system' or our 'jobs matched' system.
In any 1 year, membership prices may change, without notice, if they do not exceed 10% or £1 but we will give you one week's notice by email if membership price changes are greater than this amount. Individual job price changes will not be notified as all individual job prices are clearly displayed before purchase.
You understand and agree that if your subscription includes 'free' jobs that this is monitored on a fair use policy.
Memberships which include 'free' jobs are subject to a fair usage policy limit - this limit is dependant on your membership level and payment frequency (monthly or quarterly) and is clearly displayed on the pricing chart when you join and also visible in your account. When you get close to this limit, a warning message will show in your account to show how many free jobs you have left until your membership next renews.
Your job lead purchases may be limited or your subscription cancelled if you are purchasing any and all jobs without intent to carry out the work or to pass them on to third parties. We use our 'Securicode' system to ensure jobs cannot be sold to others (see these terms and conditions). Any abuse in this feature will result in immediate cancellation of subscription and membership.
Jobs Matched Membership Terms
You understand and agree that by joining, converting or upgrading to Job Matching (Jobs: Matched), that we will use your current parameters to send you contact details of Homeowners for Jobs posted and that you will be charged at this time at the price displayed in the current pricing chart. You understand that the contact details provided is information you have agreed to purchase in advance.
You understand and agree that we will only send and charge your for contact details of jobs if:-
- Your account is approved
- Your Job Notifications are switched on
- The job matches the profile/parameters (job type, job size, distance/coverage map and customer type) you selected or have edited since you joined.
- We have validated the telephone number of the job poster by getting them to enter a security code sent to that number.
Prices may change but we will give you one week's notice by email if the pricing formula changes on average more than 10% in any one year, in order to give you sufficient time to review the changes and update your account parameters should you wish to. By registering your credit/debit card(s) or bank details for Direct Debit you agree that based on your preferences your card/bank account will be debited when it is matched to your Job Matching preferences (editable at any time).
You understand and agree that when a job is posted it will be allocated based on its' primary purpose but it may contain smaller associated work in the description. For example Installing a shower may have some tiling work associated to it. You understand and agree that we will use this primary purpose to allocate the job, even if smaller associated work is not selected by you in your profile. It will be up to you to ensure the full job is completed and not just the primary work. You may of course use sub-contractors where this subsidiary work is not within your capabilities.
Payment and Refund policy
You understand that in accordance with European law regarding the provision of services that cannot be returned, you do not have the right to any refund once the service has been provided. All transactions are final as services cannot be returned.
A re-credit to your FindaTrade account for contact details purchased will be provided if:
- You were never able to make contact either by email or telephone
- The first time you made contact you were told the job had already been taken or had been removed. (see important exceptions below)
Refunds will not be provided if:
- Your profile is not complete and up to date including insurance details, accreditations and previous customer references.
- The travel distance to the job exceeds 30 miles. It is at the Homeowners discretion if they choose not to use your services because you are 'too far away'
- Your average rating score is less than 3
Refunds of account credit are only possible if requested within 14 days of the original credit payment, minus any bonuses, free or reduced charges. Other than requesting a refund within 14 days of adding the credit, you may get a refund of you balance (minus any closure charges (usually £5)) if you have kept your account switched on for a minimum of 4 months and you have not received any jobs. This policy is subject to fair usage and is invalid if you have altered your parameters to ensure no jobs are received. Your original parameters will be used as a yardstick to measure changes.
For information on Jobs Select reward membership subscriptions please see the terms displayed above in the specific section for that fetaure.
Advert Plus and text subscription services are non-refundable. You understand and agree that it is your responsibility to turn off the monthly renewal if you do not wish to continue to use them.
You understand and agree that the £1 fee taken to validate your payment details is added to your account as credit and is non-refundable. If any payment is taken in error you are entitled to a full refund to your card or bank account.
Termination of Service
Termination of service will only be actioned after written request from the email address registered to your FindaTrade account. Termination of service may take up to 5 days to take in to account weekend and bank holidays.
You understand and agree that if you ever choose to close your account, any outstanding charges will be taken from your debit/credit card, immediately.
Cancelling your membership does not cancel your agreement to our Terms & Conditions.
Changes
FindaTrade Ltd reserves the right to make changes to these terms and conditions without prior notification and all such changes will be viewable on this website.
As a User of the website, you are responsible for acknowledging any updates of these terms and conditions by visiting this section because it is binding on you.