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TERMS AND CONDITIONS OF USE OF OUR WEBSITE
These are our terms and conditions. They apply each time you visit our site and we will assume that you’ve read them before you use the Site. They do change from time to time so please re-read them each time you visit the Site.
AGREEMENT
These Terms and Conditions comprise the following sections:
which together form the basis of the relationship between us and both you and we agree to be bound by what each section says.
If you choose to take any of the services we offer, no binding agreement will exist between you and us until we have confirmed, by email to you, that we have accepted you as a client. Any payment you make to us will be refunded to you in full if we do not accept you as a client.
THIS SITE IS FOR USE BY BUSINESSES ONLY AND IS NOT INTENDED FOR USE BY CONSUMERS AND WE DO NOT OFFER OUR SERVICES TO CONSUMERS
GENERAL TERMS
DEFINITIONS
The following words have the following meanings in these Terms and Conditions:
YOUR PROMISES TO US
You agree that:
INTELLECTUAL PROPERTY
Either us or our business partners and affiliates own all of the information and intellectual property on the Site and you have no right to copy or use any of that information or intellectual property other than to use the Site unless we give that right to you.
ACCOUNTS
When you create an Account you promise that:
We may close your Account if you break these Terms and Conditions or if there has been no activity on the Account for 12 months.
If any payment we send to your bank account is refused and you do not supply us with an alternative bank account within 28 days of us asking you, we may keep that payment to cover our costs and you will be entitled to nothing.
If you have not authenticated your current email address with us and/or if it cannot accept service emails from us and/or you mark our emails as spam, abusive or junk then, and in any such event, we can terminate your Account.
You have the right to opt out of our marketing emails at any time by emailing us at [email protected]
If we earn any commission or interest on the money deposited in your Account we may keep that commission and/or interest.
If you no longer wish to be billed by Price a Job Limited services, go to your profile and cancel the Subscription. This will prevent future bills from the Price a Job Limited. Canceling a subscription cancels all future recurring payments. A subscription can be canceled up until the day before the next scheduled payment for you to not be charged.
PRIVACY & COOKIES
We both agree that our Privacy Notice forms part of these Terms and Conditions.
DISCLAIMERS
We can’t promise that the Site will meet your needs; that it will work properly; that it will be fit for a particular purpose or that it will not infringe the rights of others.
We can’t promise that the Site will work with all systems; that it will be secure and that all information provided will be accurate.
We don’t give advice on the Site, just general opinions, and so don’t rely on what we say when you make any decisions.
We take all reasonable effort to test material before placing it on the Site. In the very unlikely event of any loss, disruption or damage, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur whilst using material derived from the Site.
If you link to any other site using the Site then you understand that separate conditions will apply to those sites and that we have no control over those conditions – so you agree that you will read and understand them before using those sites.
AVAILABILITY OF THE SITE
We never guarantee that the Site will be available all the time and if it’s not available for any reason you can’t hold us responsible for anything you lose as a result.
We have the right to change the Site and the services it offers, suspend it or stop it at any time.
LIMITATION OF LIABILITY
As far as we are allowed by law we deny liability for any losses of all kinds which you incur from visiting and/or using the Site. You use the Site at your own risk.
However, nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
LINKS TO OTHER WEBSITES
We don’t control any of the websites we link to and so we can’t be responsible for the content of such websites and we disclaim liability for any losses which come out of you using them.
Just because we link to a site does not mean that we endorse or recommend that site.
We can never guarantee that a link will work.
MODIFICATIONS TO THESE TERMS AND CONDITIONS & THE SITE
You agree to re-read these Terms and Conditions each time you visit the Site so as to understand any changes we’ve made to them.
If we change the Site these Terms and Conditions will apply to any changes we make.
GENERAL MATTERS
These Terms and Conditions are made under the laws of England and Wales and that is the only jurisdiction which can govern them.
We and you agree that these Terms and Conditions do not form the basis of any partnership or co-venture.
These Terms and Conditions supersede any previous terms and conditions we have published and represent the entire understanding between you and us.
Time will not be of the essence in any part of any agreement between you and us.
All parties acknowledge and agree that they have not entered into any agreement between them in reliance on anything said or promised by the other which is not in these Terms and Conditions.
If a Court or other body says that any part of these Terms and Conditions is unenforceable, the rest of them will stand.
If either you or we need to give formal notice to the other, it must be done by email to the address each of us gives to the other from time to time.
These Terms and Conditions contain the entire understanding between you and us.
SUBSCRIBER TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS APPLY WHEN YOU SUBSCRIBE TO THE SERVICES WE OFFER. THEY ARE INTENDED TO BE LEGALLY BINDING AND WE SUGGEST THAT YOU READ THEM FULLY BEFORE YOU ACCEPT THEM.
THIS SERVICE IS NOT FOR DIY OR INEXPERIENCED BUILDERS AND IS MEANT ONLY FOR BUSINESS USE.
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|
We, Us, Our |
means Price a Job Limited |
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You, Your |
means the party purchasing the Services from the Company; |
|
Agreement |
means the agreement which comes into effect when you accept these Terms and Conditions; |
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Accept |
means when you “accept” these Terms and Conditions using the Site; |
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Confidential Information |
means, in relation either to you or us, information which is disclosed by one of us to the other in connection with the Agreement (in any medium, and whether or not it is expressly stated to be confidential); |
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Fees |
means any and all sums due under the Agreement from you to us, as specified on the Site; |
|
Project |
means any and each project you upload to the Site and for which our Services are provided. |
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Services |
means the services we are to provide to you and which you have subscribed for through the Site; |
|
Site |
means https://www.priceajob.ca |
|
Start Date |
means the date on which you accept these Terms and Conditions; |
|
Term |
means the term subscribed for by you through the Site; and |
|
Terms and Conditions |
means these terms and conditions. |
2. Our Obligations
2.1 We will provide the Services to you with effect from the Start Date.
2.2 We will provide the Services with reasonable skill and care.
2.3 We will act using the information with which you have provided us, as long as it complies with the standards we set on the Site.
2.4 We will be responsible for ensuring that we comply with all statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to the provision of the Services.
2.5 Whilst we use prices we have obtained from suppliers of the products you may require we make no warranty that the prices we estimate will be obtainable or that any particular supplier will hold stocks of the goods you require.
2.6 If there are varying qualities for the goods you require, and you do not specify the quality of such goods, then our calculations will be based on average qualities.
2.7 If the Services include the provision of assistance in relation to Building Regulations:
2.7.1 you undertake to review and confirm any advice or calculations we offer, as that part of the Services is specific to your Project and the advice we offer is general in nature;
2.7.2 you acknowledge that the assistance we give is our interpretation of Building regulations and all written documentation we provide may not relate to your Project and you agree that, if you proceed with any application for Building Regulations, without verifying the assistance we have provided, you do so at your own risk; and
2.7.3 any calculations that we provide may be based upon averages or information which does not apply to your Project and may not be complete; and
2.7.4 you accept and acknowledge that we have no liability if you fail to obtain Building Regulation Approval for any Project for any reason.
2.8 If the Services include the provision of estimates, invoices, recording information supplied by you for any purpose, you warrant, acknowledge and agree:
2.8.1 to verify that all information you have supplied to us, in relation to that aspect of the Services, is accurate in all respects;
2.8.2 that you will confirm the accuracy and completeness of all documents produced using the Services before submitting such documents to any third party;
2.8.3 that you will ensure that all invoices we may produce on your behalf comply with all legislation concerning Value Added Tax and any other taxes or duties which may apply to such invoices; and
2.8.4 whilst we will use our best endeavours to produce accurate documents, the final obligation for their accuracy rests with you and that we have no liability, if they are incorrect in any way.
3. Your Obligations
3.1 You will make sure that all information you enter using the Site is accurate and complete.
3.2 If we need more information from you and send a request for that information, you will supply it to us without delay.
3.3 You will obtain all and any consents, licences or other permissions that are needed from any third parties such as landlords, planning authorities, local authorities or similar and you acknowledge that the provision of information by us does not mean that any Project you wish to undertake will obtain such consents, licences or other permissions.
3.4 Any delay in the provision of the Services resulting from your failure or delay in providing us with information will not be our responsibility or fault.
3.5 You warrant:
3.5.1 that you are using the services we offer for the purpose of your business and that you are not a consumer;
3.5.2 that you have the necessary skills to measure each Project for which you need our assistance and to verify the suggestions we make through the Site;
3.5.3 that you will not commence work on any Project we assist you with, through the Site, unless and until you have complied with all of the provisions of these Terms and Conditions;
3.5.4 that you will not commence work on any Project nor make any order for products unless and until you have verified that the calculations produced using our services are accurate, correct and apply to that Project and that you have complied, in all respects, with the requirements of Clause 5.1;
3.5.5 that you will not undertake any work unless and until you have all necessary consents and permissions and that you understand that:
3.5.5.1 the use of the Site is not a substitute for Building Regulation Approval or Planning Consent;
3.5.5.2 any illustrations or suggestions we may make through the Site may not comply with Building Regulations or any other regulation or requirement which might affect the work that you intend to undertake;
3.5.5.3 all illustrations which we may provide and all quantities we suggest are for guidance only and that they may not be accurate in many respects;
3.5.5.4 any link or ordering service we may supply on the Site is for your convenience only; all prices, measurements, quantities and other information we display is the most recent which is available to us and that we are not a supplier and that we have no responsibility to ensure that any supplier enters into or completes any contract with you.
3.6 Where you ask us to produce estimates, bills of quantities, illustrations or other material for you which bears your information, trade name, trademark, logo or other information, you warrant that you have the absolute unfettered right to use such items and you agree that we have a licence to use the same:
3.6.1 for the purpose of producing such material for you; and
3.6.2 without payment therefor, for the purpose of promoting the service we offer and that we may use your trademark, trade name and logo on the Site and in any other marketing material we create.
3.7 You understand and agree that any contract which we may prepare for you using the Site is a standard document and may not reflect your own terms of business, and that you will ensure that you are satisfied that such contract is suitable for your needs in all respects before you apply it.
3.8 All illustrations, documents, estimates and other matter we may produce for you, from time to time, and all intellectual property rights therein are, where it is legally possible to do so, and will remain our property and that you have a licence to use such matter only in connection with the Project you have registered with us and for not other projects. Further, such licence applies only to such Project and does not permit the use of any such matter in relation to any other projects or work you make undertake. You may not use the matter we produce for any purpose other than the Project
4. Fees and Payment
4.1 You will pay the Fees to us in advance.
4.2 We will not produce any invoice for the Fees other than that supplied through the Site.
4.3 If you don’t pay any Fee when it becomes due, we will stop providing the Services until you do pay us.
4.4 Without prejudice to sub-Clause 10.2.1 of these Subscriber Terms and Conditions, if you do owe us any monies under the terms of the Agreement and they remain unpaid for more than seven days we may charge you interest on a daily basis at 6% above the base rate of Barclays Bank PLC from time to time until you pay us all sums due in full.
4.5 If you don’t use the Services we provide you will not be entitled to any refund of the Fee or any part of it.
5. The Services
5.1 The Service we provide uses industry standard measures and methods but it may not match the standards and methods you apply and can only be as accurate as the information you supply to us. For that reason, you agree:
5.1.1 to verify all calculations we provide with those that you require;
5.1.2 to ensure that you are aware of the nature and effect of all products that we suggest you use before you order them, whether using links on the Site or not;
5.1.3 to verify that any colours, patterns or designs you wish to use and which you may order through the Site are exactly those which you require and you accept that all and any illustrations used on the Site may not reflect the actual product suggested;
5.1.4 to use your own professional judgement to verify all quantities that we suggest you order.
5.2 As we operate a policy of continual improvement we have the right to update and change the systems we apply in providing the services we offer, the methods of construction we may suggest, product information, suggested products and any other information or data we use on the Site.
5.3 Any time estimates we may suggest for response to any enquiry you may make are estimates only and we cannot guarantee any specific response time and time is not of the essence in this respect.
6. Records
6.1 We will retain details of all Projects you have asked to assist with where that assistance results in the provision of an estimate of any sort subject to the provisions of this Clause 6.
6.2 As long as you subscribe to the Services we offer and pay all Fees which are due in respect of them, we will retain full details of all information you have supplied to us and the product of that information which has been created by the Services we provide.
6.3 If you cease to subscribe to the Services we offer or fail to pay the Fees which are due to us, we have the right to remove all information and data we are keeping on your behalf and to destroy it.
7. Liability, Indemnity and Insurance
7.1 You understand and agree that we will have no liability to you if you provide us with information which is inaccurate or incomplete.
7.2 We will have in place at all times suitable and valid professional indemnity and public liability insurance.
7.3 Our total liability for any loss or damage caused as a result of our negligence or breach of the Agreement shall be limited to the cover provided by our professional indemnity policy.
7.4 We will not be liable for any loss or damage you suffer that results from your failure to follow any instructions we give you and we will not be liable to compensate you for special damages, loss of profit or opportunity, indirect or consequential loss.
7.5 Nothing in these Terms and Conditions or in the Agreement shall limit or exclude our liability for death, personal injury or fraud.
7.6 Neither Party shall be liable to the other or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of that Party’s obligations if the delay or failure is due to any cause beyond that Party’s reasonable control.
8. Confidentiality
8.1 We undertake that, except as provided by sub-Clause 8.2 or when you authorise us in writing, we shall, at all times during the continuance of the Agreement and after its termination:
8.1.1 keep confidential all Confidential Information;
8.1.2 not disclose any Confidential Information to any other party;
8.1.3 not use any Confidential Information for any purpose other than as contemplated by and subject to the terms of the Agreement;
8.1.4 not make any copies of, record in any way or part with possession of any Confidential Information; and
8.1.5 ensure that none of our directors, officers, employees, agents, sub-contractors or advisers does any act which, if done by us, would be a breach of the provisions of sub-Clauses 8.1.1 to 8.1.4 of these Subscriber Terms and Conditions.
8.2 We may:
8.2.1 disclose any Confidential Information to:
8.2.1.1 any sub-contractor we use to supply the Services;
8.2.1.2 any governmental or other authority or regulatory body; or
8.2.1.3 any of our employees or officers,
to such extent only as is necessary for the purposes contemplated by the Agreement (including, but not limited to, the provision of the Services), or as required by law.
If we need to disclose Confidential Information under the terms of this clause we will first inform the person, party or body in question that the Confidential Information is confidential and (unless the disclosure is to any such body under sub-Clause 8.2.1.2) obtain from them a written confidentiality undertaking (in similar terms to this clause); and
8.2.2 use any Confidential Information for any purpose, or disclose it to any other person, if, after the date the Agreement, it becomes public knowledge through no fault of ours.
8.3 The provisions of this clause shall continue in force even after the Agreement has ended.
9. Force Majeure
Neither you nor we shall be liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of the party in default. Such causes might include, but are not limited to: power failure, internet contractor failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond our or your control.
10. Term and Termination
10.1 The Agreement will start on the Start Date and shall continue for the period you specified on the Site, subject to the following provisions.
10.2 We may immediately terminate the Agreement by giving written notice to you if:
10.2.1 you owe us any money under these Terms and Conditions and do not make payment of that sum within 28 days;
10.2.2 you break any of these Terms and Conditions and, if the breach is capable of remedy, fail to remedy it (in all respects) within 28 days after we give you written notice asking for the breach to be remedied;
10.2.3 you make any voluntary arrangement with your creditors or, being a company, become subject to an administration order (within the meaning of the Insolvency Act 1986);
10.2.4 you have a bankruptcy order made against you or, if you are a company, go into liquidation; or
10.2.5 anything similar to any of the above under the law of any jurisdiction occurs in relation to you.
10.3 The right to terminate the Agreement shall not prejudice any other right or remedy we may have in respect of the breach concerned (if any) or any other breach.
11. Effects of Termination
Upon the termination of the Agreement for any reason:
11.1 all Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain in full force and effect;
11.2 termination shall not affect or prejudice any right to damages or other remedy which the party terminating the Agreement may have in respect of the event giving rise to the termination or any other right to damages or other remedy which a Party may have in respect of any breach of the Agreement which existed at or before the date of termination; and
11.3 subject as provided above and except in respect of any accrued rights, neither you nor we shall be under any further obligation to the other.
12. No Waiver
If you or we fail or delay in exercising any of your/our rights under the Agreement that failure or delay will not be a waiver of that right, and no waiver shall be deemed to be a waiver of any further breach of the same or any other provision.
13. Assignment and Sub-Contracting
13.1 Subject to sub-Clause 13.2, the Agreement is personal to you and you may not assign, mortgage, charge or sub-license or otherwise delegate any of your rights thereunder, or sub-contract or otherwise delegate any of your obligations thereunder without our written consent.
13.2 We may use suitably qualified and skilled sub-contractors to help us perform the Services.
14. Relationship of the Parties
Nothing in the Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between you and us other than the contractual relationship expressly provided for in the Agreement.
15. Third Party Rights
No part of the Agreement shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.
16. Notices
16.1 All notices under the Agreement shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
16.2 Notices shall be deemed to have been duly given when sent by email to the last known email address of the Party in question.
17. Entire Agreement
17.1 The Agreement (constituting the General Terms, the Subscriber Terms and Conditions and the Cookie and Privacy Policy contains the entire agreement between you and us and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.
17.2 Each of you and us acknowledges that, in entering into the Agreement, we do not rely on any representation, warranty or other provision except as expressly provided in the Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
18. Severance
If one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
19. Law and Jurisdiction
The laws of England and Wales will apply to the Agreement and any dispute between you and us will fall within the jurisdiction of the courts of England and Wales.
PRIVACY NOTICE
PRICE A JOB LIMITED
Price a Job and https://www.priceajob.ca are the trading names owned and operated by Price a Job Limited.
We offer a service to building professionals to enable them to estimate the price for construction Projects at all levels. We offer that service only to professional tradesmen and not to members of the public.
This notice is designed to give you clear information about what Personal Data we collect and how we use it. This Privacy Notice applies to the use of Personal Data processed by us and covers the steps we take, when you contact us using the site.
Definitions
To help make this Privacy Notice a little easier to read, we have defined certain words and phrases. Those definitions are as follows:
GDPR the General Data Protection Regulation EU 2016/679.
Personal Data the data/information we hold about any data subject – as defined further by GDPR.
Privacy Notice the provisions contained in this document.
Site: https://www.priceajob.ca
Who we are?
We are Price a Job Limited and we trade as Price A Job. Our company number is 11033230 and our registered address is 14 Granville Road Clacton on Sea CO15 6BX. We are registered with the Information Commissioners Office under registration number ZA498625.
We are the Data Controller for Personal Data which we use to provide the services which we describe on the Site and for marketing purposes.
We can be contacted at [email protected]
How do we collect and use Personal Data and what types of Personal Data do we collect?
When you use the Site, we store Personal Data about your visit using Cookies.
Cookies are text files placed on your device to collect standard internet log information and visitor behaviour information. This information is used to track visitor use of the Site and to compile statistical reports on Site activity.
For further information about cookies visit:
and / or
https://www.allaboutcookies.org
Through the use of Cookies, we collect certain Personal Data, including: IP address, identification number, online identifier, browser information, location data and other similar identifying information required for your devices to communicate with websites and other applications on the internet.
You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. However, in a few cases some of our Site features may not function as a result.
Using our Site
The Personal Data we hold for you will be held for no longer than we need it. Usually, if you are a private individual and not a business, we will not retain any Personal Data for linger than 3 months. We may keep some Personal Data for longer if there is a legal or tax reason for us doing so and we may use it for marketing purposes.
Sharing Data
The Personal Data you submit to us may be passed to the third party service providers, we use to provide services to us, including accepting and making payments.
We may transfer your Personal Data to data processors within and outside the European Economic Area. If we do so, we will apply appropriate measures and controls to protect your Personal Data in accordance with applicable data protection laws, regulations and regulatory guidance. In all instances, we will take into account the nature of the Personal Data we are transferring, and the level of protection provided by those processors.
Rights that you have
As your Personal Data is held by us you have rights under GDPR that we will always respect. Your rights are:
New Purpose
If we wish to use your Personal Data for a new purpose, not covered by this Privacy Notice, then we will provide you with a new notice explaining what we are proposing. We will tell you what we propose and point out new uses or conditions that we wish to apply. We will not process any Personal Data without your consent.
Other websites
The Site may contain links to other websites. This Privacy Notice only applies to our Site so, when you link to other websites, you should read and understand their Privacy Notice.
Contacting us and updating your Data
If you wish to update, correct or change your Personal Data, how we use it or to make a complaint about what we are doing, you can do so by emailing us at [email protected]
If you make a complaint about how we use your Personal Data and we don’t resolve it your satisfaction, you can contact the Information Commissioner’s Office via their website (https://www.ico.org.uk).
We will occasionally update this Privacy Notice. We encourage you to review this Privacy Notice, from time to time, so that you can see any changes and remind yourself as to how we use your Personal Data.
Our Role as Data Processor
If you supply any Personal Data to us, relating to any client of yours, in connection with any of the Services, we provide, you acknowledge and agree that you are the Data Controller, in relation to such data and that we are a Data Processor.
You acknowledge that we may use third party services to assist us with the Services we supply. Those service may be cloud based and may require the data you supply to us to be processed outside the EU and EEA.
We undertake and agree, at all times, when acting as a Data Processor for you, to comply, in all respects with GDPR.
This Privacy Notice was last updated March 2019.
