These Terms and Conditions govern the facilitation services that homesnagging.directory will make available to you, and are in addition to the website terms of use that apply from time to time, to your use of the Website (as defined below).
1.Definitions and Interpretation
1.1.
In these Terms and Conditions, the following words and expressions have the following meanings:
“Request” – a request from a Customer as referred to in clause 2.3 below;
“Credits” – the credits purchased by an Inspector as set out in Schedule 1, which entitles the Inspector to access relevant Requests;
“Customer” – a Prospective Customer who chooses an Inspector to provide services to them;
“Customer Contract” – the contract between the Inspector and the Customer for the provision of the Services;
“Fees” – the fees payable by you as set out in Schedule 1;
the “Facilitation Services” – the provision by homesnagging.directory, of a Prospective Customer’s contact details to an Inspector, in exchange for Credits, so that they become a Contact, as set out in clause 2.4;
“Contact” – a Prospective Customer, whose contact details have been provided to an Inspector, as part of the Facilitation Services;
“Prospective Customers” – businesses and consumers who use the Website to find an Inspector who can provide the professional services they require;
“the Services” – the professional services provided by an Inspector to a Customer;
“us” / “we” / “homesnagging.directory” / “seismicsix.com” / “Seismic Six” – Nathan Rowe ta Seismic Six;
“the Website” – means homesnagging.directory
“you” / “the Inspector” – means the person offering their professional services to Prospective Customers;
1.2. all headings are for ease of reference only and will not affect the construction or interpretation of these Terms and Conditions;
1.3. references to a “person” include any individual, body corporate, association, partnership, firm, trust, organisation, joint venture, government, local or municipal authority, governmental or supra-governmental agency or department, state or agency of state or any other entity (in each case whether or not having separate legal personality);
1.4. references to any legislation or legislative provision will include any subordinate legislation made under it and will be construed as references to such legislation, legislative provision and/or subordinate legislation as modified, amended, extended, consolidated, re-enacted and/or replaced and in force from time to time;
1.5. any words following the words “include”, “includes”, “including”, “in particular” or any similar words or expressions will be construed without limitation and accordingly will not limit the meaning of the words preceding them and the ejusdem generis rule will not apply;
1.6. references to “in writing” or “written” include e-mail.
2.homesnagging.directory contractual model & a description of the facilitation service
2.1. Upon acceptance of these Terms and Conditions by you, and in exchange for the Fees, homesnagging.directory will provide contact details to you from time to time as more particularly described below.
2.2. homesnagging.directory operates the website which has been established to facilitate the provision of potential customers contact details to Inspectors for the provision of home snagging services.
2.3. Prospective Customers will be able to search the Website to find potential Inspectors to meet the Prospective Customer’s requirements. Each Request will provide details about the Prospective Customer’s requirements.
2.4. By accepting these Terms and Conditions, you agree that you will need to register as an “Inspector” on the Website, which will mean that you will have the right to access relevant Requests in exchange for Credits. If you redeem Credits in response to a particular Request, homesnagging.directory will share with you the contact details which have been provided by Prospective Customers, who will then be known as Contacts, so that you can get in touch with them. The Prospective Customer will be entitled to review any responses they receive from you and other Inspectors, and may or may not decide to enter into a separate contract with you or another Inspector. Where you are engaged by a Prospective Customer, those persons will become your Customer. For the avoidance of doubt, a Customer is a customer of the Inspector, and not a customer of homesnagging.directory.
2.5. You acknowledge and agree that any reviews left are the Customers’ own opinion, and that homesnagging.directory is not liable to you in any way whatsoever for the content of such reviews. You will ensure that any website that is linked to your profile on the Website complies with all applicable laws, guidance and regulations.
2.5. You acknowledge and agree that any reviews left are the Customers’ own opinion, and that homesnagging.directory is not liable to you in any way whatsoever for the content of such reviews. You will ensure that any website that is linked to your profile on the Website complies with all applicable laws, guidance and regulations.
Important:
homesnagging.directory acts only as a facilitator of the Contacts referred to above, and the provision of any services by an Inspector (including the Services provided by you) to a Customer will be subject to an entirely separate legal contract. If there are any issues with performance of those Services by you, the Customer will have legal rights of redress against you, as the Inspector, directly.
3.Quality of the Facilitation Services
3.1. The Facilitation Services will be provided by homesnagging.directory using reasonable care and skill. Time will not be of the essence where we have stated on the Website that any Contacts will be provided within a prescribed period of time.
3.2. In the case of homesnagging.directory performance of the Facilitation Services, unless expressly stated otherwise in these Terms and Conditions, all warranties, conditions and other terms implied by law (whether by statute, common law or otherwise) are excluded from these Terms and Conditions
3.3. Unlike other providers in the market, the Facilitation Services do not make any guarantees that you will be successful in being hired by a Prospective Customer for services, and our role is only to give you the opportunity to make contact with a Prospective Customer. If you do not secure a job with the Prospective Customer who has issued a Request on our Website, you will not be entitled to any Credit refund from us. Please see Section 6 below for further information regarding our policy on Credit refunds.
4.The Inspectors obligations
4.1. You warrant to homesnagging.directory that the Services that you provide to your Customers will be performed by you and anyone acting on your behalf with due care and diligence, with integrity and to such high standard of quality as it is reasonable for the Customer to expect in all the circumstances, and shall comply at all times with all laws, guidance and regulations that apply to your provision of the Services to your Customers (including, without limitation, those relating to data privacy, consumer law, and health & safety).
4.2. You will at all times: (a) cooperate with us in all matters relating to the Facilitation Services; (b) provide, in a timely manner, such information as we may reasonably require, and ensure that it is accurate and complete in all material respects; (c) comply at all times with our Website Terms of Use; (d) comply with all policies and requirements as specified on the Website, as updated by us from time to time; (e) comply with any vetting requirements that we may impose on you from time to time; (f) ensure that you make it clear to Customers that any Services to be provided are provided to them by you and not by homesnagging.directory.
4.3. You will comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010.
5. Purchasing & Using Credits
5.1. To have access to Contacts, you will be required to purchase Credits from us. The cost of Credits are set out in Schedule 1. VAT (or local equivalent) shall be payable in addition to the Credit costs specified in Schedule 1.
5.2. All Credits shall be payable in accordance with Schedule 1.
5.3. You will be able to redeem Credits you have purchased in exchange for Contacts on the Website, and the Website will tell you how many Credits you will need to use in exchange for each individual Contact.
6. Refunding Credits
6.1. All Credits purchased are non-refundable except as provided for in paragraph 6.2 below. We will not, for example, offer any return of Credits if the Contact(s) we provide you with are correct, but where the Prospective Customer chooses not to respond to your introduction, or if you do not secure the job with the Prospective Customer. There may be cases where a Prospective Customer decides not to choose any of the inspectors we introduce them to, and this is entirely at the discretion of the Prospective Customer. In these instances, no refund of Credits would apply.
6.2. You will only be entitled to a refund of Credits if: (a) A phone number provided to you is invalid, for example if it says “calls are not being connected to this number”; or (b) an email address provided to you by us isn’t functioning and you receive a bounce-back when using the email address; or (c) we can verify that the contact details provided are not for the person submitting the request.
6.3. Where you are entitled to receive a refund of Credits in accordance with clause 6.2 above, you acknowledge that you will not receive a monetary refund for those Credits, and we will instead reinstate those refundable Credits onto your homesnagging.directory account.
7. Intellectual Property Rights
The property and any copyright design rights or other intellectual property rights in any material, data or other information provided to you by homesnagging.directory, including all information and content on the Website, (subject to any such rights of any third party) belong (or continue to belong) to homesnagging.directory.
8.Data Protection
Please see our Privacy Policy and Cookie Policy for more information on how your personal information will be used.
9. Liability
9.1. As provided for in Clause 2 above, you acknowledge that you remain contractually liable to Customers for the provision of the Services, but you acknowledge that homesnagging.directory may suffer reputational damage if you do not perform your contractual obligations under Customer Contracts properly. You hereby agree to indemnify homesnagging.directory in full against all losses (including all direct, indirect and consequential losses), liabilities, costs, damages and expenses that we do or will incur or suffer, all claims or proceedings made, brought or threatened against homesnagging.directory by any person (including, without limitation Customers) and all losses, liabilities, costs (on a full indemnity basis), damages and expenses we do or will incur or suffer as a result of defending or settling any such actual or threatened claim or proceeding, in each case arising out of or in connection with your breach of your obligations set out in Clause 2 above.
9.2. Subject to Clause 9.4 below, homesnagging.directory maximum aggregate liability under these Terms and Conditions will be limited to the Value of Credits purchased in the preceding twelve month period.
9.3. Subject to Clause 9.4 below, homesnagging.directory will have no liability to you for any: (a) loss of profit, loss of sales or business (in each case whether direct, indirect or consequential); (b) loss of or damage to goodwill, loss of reputation or loss of opportunity (in each case whether direct, indirect or consequential); (c) any liability you may owe to any third party, including, but not limited to, a Customer (in each case whether direct, indirect or consequential); (d) loss of use or value of any data or software (in each case whether direct, indirect or consequential); (e) indirect or consequential loss.
9.4. Nothing in these Terms and Conditions will operate to exclude or restrict any liability of either you or us: (a) that cannot be excluded or restricted in these Terms and Conditions in respect of death or personal injury resulting from negligence; (b) for its fraud or fraudulent misrepresentation or fraud or fraudulent misrepresentation by a person for whom it is vicariously liable; or (c) for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, its liability.
10. Information & Confidentiality
10.1. Any information provided by homesnagging.directory or concerning homesnagging.directory’s affairs shall be kept confidential by you and all information provided by you which is so designated by you shall be kept confidential by homesnagging.directory; but the foregoing shall not apply to any documents or other materials, data or other information which enter the public domain (other than by breach of this Clause 10.1, or where any disclosure is required by law or regulatory authority.)
10.2. Neither party shall use the other’s name, trademarks, service marks or logos for any promotional or publicity purposes without the express written consent of the other.
11. Termination
11.1. Without affecting any other right or remedy available to us, homesnagging.directory may withdraw your registration as an Inspector on the Website with immediate effect by giving you notice if: (a) you fail to pay any sums due to us during the Term; (b) if you fail to comply with your obligations in Clause 4 relating to your performance of the Services Contract with your Customers; (c) if you receive a disproportionate number of complaints and/or bad reviews on the Website from Customers and/or Prospective Customers regarding your Services and/or dealings with customers more generally; (d) if, in our absolute discretion, we consider your registration as an Inspector on the Website to be detrimental or potentially detrimental to the reputation of homesnagging.directory; (e) you are subject to an investigation by a competent regulatory authority, including without limitation, the Information Commissioner, the Competition and Markets Authority or Trading Standards.
11.2. Without affecting any other right or remedy available to either of us, either you or we may withdraw your registration as an Inspector on the Website with immediate effect by giving written notice to the other if: (a) the other party commits a material breach of any term of these Terms and Conditions; (b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up, having a receiver appointed to any of its assets or ceasing to carry on its business; (c) the other party suspends, or threatens to suspend or cease or threatens to cease to carry on all or a substantial part of its business or (d) the other party’s financial position deteriorates to such an extent that it in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under these Terms and Conditions has been placed in jeopardy.
11.3. In the event that you cease to provide the Services and / or you do not wish to continue to be listed on the Website, you shall notify us immediately so that we may withdraw your registration as an Inspector on the Website so that Prospective Customers are not provided with your details. For the avoidance of doubt, as set out in clause 6, no refunds of Credits shall be given upon such withdrawal.
12. General provisions
12.1. These Terms and Conditions are personal to you and you will not assign or transfer or subcontract any of your rights or obligations without our prior written consent.
12.2. Any notice required or permitted to be given by either party to the other under these Terms and Conditions are to be in writing addressed to the other party at its trading address or such other address as may at the relevant time have been notified to the other party.
12.3. Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute one party the agent of the other party, or authorise a party to make or enter into any commitments for or on behalf of the other party. The parties acknowledge and agree that each of them is an independent contractor, and nothing in these Terms and Conditions shall render either party (nor any staff of a party) an employee of the other.
12.4. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remainder of the provisions in question shall not be affected.
12.5. These Terms and Conditions will be governed by English and Welsh law and shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Schedule 1
Credit costs: – £1.50 ex VAT
Payment for Credits: – Credits will be purchased in advance on the Website and credited to the Inspectors account.