Terms of Use | MyBuilder

Introduction

By using the Service 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.

Key Definitions

"Company", "MyBuilder" ("us", "we", "our" and "ours") means MyBuilder Limited, formerly registered as "The Buildersite Limited", registered in England No. 05272398 at 22a Arlington Way, London, EC1R 1UY.
"Customers" means any person who submits or publishes a job on the Website for Trade Professionals to quote on.
"Job" means project/job submitted by a customer via our service.
"Users", "You", means anyone making use of the MyBuilder Services.
"Service" means any procedure or service that is provided by MyBuilder to Users, which includes, but is not limited to: information, services and products provided through the Website, or by telephone or email.
"Trade Professionals", "Tradesmen" and "Tradespeople" means any business who registers on the Website in order to quote for work posted by Customers.
"Trade Membership" means that a Trade Professionals has an active subscription to receive leads, within their defined working area and for their selected skills and trades.
"Website" means the website MyBuilder.com and all the pages, content and sub-domains contained therein.
"Expressing interest", "Expressed interest" means contacting, quoting or messaging a customer via our Service.
"Lead", is a Job which we give you the opportunity to Express Interest in.

Governing Law & Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.

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.

Overview

MyBuilder provides an online marketplace for Trade Professionals of all types, and potential Customers who are in need of their services.

Accuracy of Information

Although we make every attempt to ensure that it is correct and accurate, MyBuilder cannot guarantee the accuracy of the information on this Service, and are not liable for any problems or losses arising from errors in the content.

In using the Services provided by MyBuilder, you acknowledge that MyBuilder is not acting as a contractor or agent and is not responsible for any work done. It is the responsibility of the Customer to select a suitable Trade Professional and to negotiate the terms for any work that they undertake, and MyBuilder will not be involved or held liable for the agreement between the Customer and Trade Professional.

We recommend that any Customer, before entering into a contract with any Trade Professional, obtains confirmation of insurance cover, guarantees, qualifications and any other necessary document. If you suffer any problems or losses as a result of acting on the information provided outside of the Website, MyBuilder will not be liable.

Content

You agree to use the website only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else's use and enjoyment of the website. Messages, profiles, job descriptions and other content must be civil and tasteful.

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("content") posted on, transmitted through, or linked from MyBuilder, are the sole responsibility of the person from whom such content originated. You are entirely responsible for all content that you post, email or otherwise make available via the Service.

You understand that MyBuilder does not control, and is not responsible for content made available through the service. Furthermore, the MyBuilder site and content available through the Service may contain links to other websites, which are completely independent of MyBuilder. MyBuilder makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website.

You understand that MyBuilder does not in any way 'vet' or approve Trade Professionals who are listed on the site. We firmly believe that comments from previous customers provide the best help in deciding who to hire.

Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will MyBuilder be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via MyBuilder.

You acknowledge that MyBuilder does not pre-screen or approve all content, but that MyBuilder shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available on the website for violating the letter or spirit of the terms or for any other reason.

Intellectual Property

MyBuilder owns all the intellectual property rights relating to the site, including the designs, text, database, graphics and layouts, and you agree not use or copy any part thereof without our express permission.

The intellectual property rights on postings, messages, text, files, images, photos, video, sounds, or other materials ("content") Users upload to MyBuilder are retained by the copyright owner, and these are added to the site by Users at their own risk. In doing so you are giving expressed and irrevocable permission for us to store, display and use the content.

Dealings with organisations and individuals

Your interactions with organisations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals.

You agree that MyBuilder shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users on this Website, or between Users and any third party, you understand and agree that MyBuilder is under no obligation to become involved.

In the event that you have a dispute with one or more other Users, you hereby release MyBuilder, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

Payment Terms & Refunds

Shortlist Fees

Shortlist fees will apply to all jobs posted since 12.01am GMT, November 2nd 2011.

If you are a Trade Professional, you agree to pay MyBuilder a shortlist fee every time you are shortlisted for a job through our service.

The shortlist fee is clearly displayed on each job page, and will also be clearly marked as you express interest in the job. Each fee is calculated based on the likely size and value of the job, and fees will range from £1.00 (GBP) to £25 (GBP).

You agree to pay the shortlist fee whether or not you win the work, and even if your membership has expired. Refunds will not be given. MyBuilder cannot influence the outcome of any particular shortlisted job and does not guarantee that tradespeople will secure work from the jobs they are shortlisted for.

Success Fees

Success fees only apply to jobs posted before 12.00pm GMT, November 1st 2011.

If you are a Trade Professional, you agree to pay MyBuilder a success fee for any work secured through our service. Work will be considered to be secured if after quoting, messaging or contacting the client via the website you are paid for some or all of the job advertised or similar or related work.

The success fee is calculated as 5% +VAT of the total value of the job, with a maximum fee of £250 + VAT and a minimum fee of £2.50 + VAT

Our success fee invoices have payment terms of 14 days from date of issue. Since it is impossible for us to track when work is done and Trade Professional are paid we cannot wait until you have been paid for the work. Refunds will be given for success fee payments usually only if the job has not actually been secured. You agree to pay the success fee even if your membership has expired

References

MyBuilder charges a fee for contacting references provided by Trade Professionals. This fee is charged for the effort of contacting the references, and is not dependent on any feedback arising from the reference. References must be paid for in advance. Refunds will not be given after MyBuilder has attempted to contact the reference.

Any contact details given will not be displayed on the site or used for marketing purposes, is is your responsibility to ensure that you have the referee's permission to give their contact details to MyBuilder.

It is the responsibility of the Trade Professional to ensure that the referee is a genuine client. We perform a number of checks to ensure this. It is at our sole discretion whether comments from the referee will be posted.

Trade Membership

Trade Membership is paid for on a subscription basis in advance. Refunds will not be given. If you set up an online payment agreement, we will automatically take payment from the credit or debit card used to set up the online agreement 3 days before the renewal date of your Trade Membership. We will contact you via your registered MyBuilder email address 7 days prior to the renewal date to say that your trade membership is about to renew. You must close your account if you do not want your membership to renew. MyBuilder will not be responsible to you or any third party for any losses or costs that may result or arise out of you not updating or cancelling your agreement prior to the renewal date.

MyBuilder reserves the right change the price of the Trade Membership at any time. Any change in price will be communicated to you in advance. If you do not wish to be bound by the new Trade Membership price, you may close your account before the change comes into effect. Your continued use of the Service after this date will constitute an acceptance of the new Trade Membership price.

You agree that having a Trade membership does not remove MyBuilders right to Limit or Terminate your services.

You agree that MyBuilder has the right to change the features and privileges of Trade Membership.

Lead Guarantees

Each job posted on MyBuilder is allocated to a small number of tradespeople based on proximity to the job and relevancy to the tradesperson's selected trades.

Some Trade Memberships have a lead guarantee, if you have a lead guarantee we will inform you what your guarantee is before your membership is due for renewal and display it on your Membership page.

We agree not to charge you for your next quarterly subscription until we have sent you at least the number of leads we guaranteed to send you, provided your guarantee remains valid throughout the entire guarantee period.

You agree that a lead guarantee is valid for one membership period only, and that if at any time your account is restricted or turned off during this period then your guarantee will be invalidated.

All Services

You agree you are responsible for paying our invoices within the payment terms of the invoice. If your account has an invoice which is more than 7 days overdue your account will be automatically restricted.

Refunds may occasionally be offered in other circumstances at the discretion of MyBuilder.

If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorised to make such a purchase.

You agree to receive all invoices by email to the email address you have given to us. It is your responsibility to ensure that this email address is working correctly.

Failed & Disputed Payments

If you have a question about a charge on your credit or debit card, you agree to contact us using the form available on our Contact Us page.

Should any payment method you use fail or is later reclaimed by the bank or card issuer you agree to pay any costs incurred by us plus a £10 + VAT administration fee.

Feedback

You agree that customers can leave you feedback if after expressing interest you carried out some or all of the job advertised or similar or related work.

All Trade Professionals will be subject to feedback evaluations from Customers for who they carry out work, and thereby understand that MyBuilder is not responsible for the evaluation content that those Customers post, or any harm done by such content.

The Customer who posts the feedback is directly responsible for his or her written evaluation. In some exceptional circumstances, MyBuilder may remove feedback, but only at its sole discretion. Likewise, any Customer of the website who posts feedback in reference to a Trade Professional is responsible for its accuracy and legality.

All Users understand that any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the website may be banned from further use and reported to the authorities, if applicable.

MyBuilder performs a number of checks on feedback to ensure authenticity and may at our sole discretion remove any feedback that we cannot verify.

Removal or lack of feedback does not alter the obligation on the Trade Professional to pay any associated success fee.

Refer a Tradesman

'Refer a Tradesman' is an incentive programme that enables existing trade members to refer MyBuilder to other tradespeople whom they know and trust. Upon successful application, new trade members who are referred by an existing member will receive a 50% discount on their first quarterly membership. The 50% discount applies regardless of the membership fee, even in the case of a free membership. A referring trade member will receive £10 for every successful trade referral, which will be paid in the form of a credit note to the referring trade member's account.

Referring trade members must hold an active trade membership and have a minimum of two feedback comments to qualify. Referrals must be submitted using the Refer a Tradesman invitation form. A successful trade referral is defined as the successful application of a new trade member, who has not previously been a member of MyBuilder. Applying to join MyBuilder involves reference checks, insurance checks, profile checks and successful payment of the membership fee. All of these conditions must be met for an application to be successful.

Limitations

You acknowledge that MyBuilder may establish limits concerning use of the Website, including but not limited too the maximum number of days that content will be retained by the website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which you may access the website.

You agree that MyBuilder has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You also acknowledge that MyBuilder reserves the right at any time to modify or discontinue the website (or any part thereof) with or without notice, and that MyBuilder shall not be liable to you or to any third party for any modification, suspension or discontinuance of any services.

You agree that we shall not be liable for any loss or damages arising from the provision (or non-provision) of any part of the service, including loss of profit or consequential loss or damage.

Termination of service

You agree that MyBuilder, in its sole discretion, has the right (but not the obligation) to deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of the website, immediately and without notice, for any reason, including, without limitation, if MyBuilder believes that you have acted inconsistently with the letter or spirit of the terms.

Further, you agree that MyBuilder shall not be liable to you or any third-party for any termination or restriction of your access to the website.

Further, you agree not to attempt to use the website after said termination.

Changes

MyBuilder reserves the right to change or update these terms and conditions from time to time. As a User of the website, you are responsible for acknowledging any updates of these terms and conditions by visiting this section. Any significant changes in the terms and conditions will be followed by notification emails to all active Users.

Terms and Conditions