a. "Customers" means any person who a Tradesperson connects with to win work.
b. "MyBuilder" means MyBuilder Limited, registered in England No. 05272398 at 31a Clerkenwell Close, London EC1R 0AT and MyBuilder Protection Limited, registered in England No. 12063189 at 31a Clerkenwell Close, London EC1R 0AT.
c. “Trade Account” means a profile associated with a Tradesperson registered on the Website.
d. "Tradespeople" and “Tradesperson” means any business, partnership or sole trader who registers on the Website in order to connect with Customers.
e. “Quote Tool” means the software developed by MyBuilder for the use of Tradespeople registered on the Website to provide quotes to Customers.
f. "Website" means the website MyBuilder.com (or any other domain owned and controlled by MyBuilder) and all the pages, content and sub-domains contained therein.
2. Description of Software
a. The Quote Tool is software owned and operated by MyBuilder, that helps you produce quotes for Customers. The quotes detail potential work that can be presented to Customers you connected with on the MyBuilder platform or Customers that you have approached directly through other mediums. The Quote Tool also provides you with terms and conditions to support clarity around your payment terms and details each party’s responsibilities under the contract.
a. You acknowledge that you will continue to be bound by MyBuilder’s Terms and Conditions and Privacy Notice.
b. You acknowledge that you have the authority to enter into this agreement on behalf of the business entity associated with your Trade Account.
4. Dispute Resolution
a. The Quote Tool is designed to provide clarity regarding the works you are being engaged to complete on behalf of the Customer. If a dispute were to arise between you and the Customer, you agree to participate in any dispute resolution process initiated by any representative of MyBuilder.
5. Authorised Use of the Quote Tool
a. When accessing the Quote Tool, you agree to:
i. Not impersonate another person or misrepresent authorisation to act on behalf of others;
ii. Not allow any other person to access your MyBuilder Account and use the Quote Tool; and
iii. Act lawfully and not use the Quote Tool in any way that would bring MyBuilder into disrepute.
6. Maintenance of Quote Tool
a. From time to time, MyBuilder may remove, limit or otherwise restrict your access to the Quote Tool in order to perform maintenance or other development activity. You agree that MyBuilder shall not be liable for any loss or inconvenience caused by the aforementioned maintenance or development work.
a. You will indemnify, defend and hold harmless MyBuilder, MyBuilder’s directors, employees and/or agents against any and all claims, liabilities, losses or costs suffered or incurred by you through your use of the Quote Tool.
8. Intellectual Property
a. MyBuilder owns all the Intellectual Property Rights relating to the Quote Tool and its underlying systems, including the graphics and layouts, code and software, and any text. You agree not to contest or dispute MyBuilder’s ownership or validity of these Intellectual Property Rights.
b. You agree to not use or copy any part of the Quote Tool or its underlying systems without MyBuilder’s express permission.
c. The Intellectual Property Rights on all data inputted into the Quote Tool by you remain the property of yourself. You hereby grant MyBuilder a worldwide, non-exclusive, fully paid up, transferable, irrevocable license to use, store, copy, modify, make available and communicate the data for any purpose.
a. You agree that MyBuilder, in its sole discretion, has the right (but not the obligation) to remove your access to the Quote Tool, deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of the Quote Tool, immediately and without notice, for any reason.
b. You agree that MyBuilder shall not be liable to you or any third-party for any termination or restriction of your access to the Quote Tool.
c. You agree not to attempt to use the Quote Tool after said termination.
a. MyBuilder may vary the terms of this agreement at any time by providing notice to you in writing.
a. This agreement is governed by and must be interpreted in accordance with the laws of England and Wales.
b. If any provisions of this Agreement 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.