Terms and Conditions
QwkHire is a trading name of Synapse Technology Limited which is a company registered in England and Wales with company number 09428092 whose registered office is located at 10 Jesus Lane, Cambridge CB5 8BA (“we”, “us”). We are your one-stop shop platform for advertising services, so that Sellers (as defined below) and Buyers (as defined below) may find each other. Services range from home improvement services, including building and repair services to anything that you can think of. The Seller and Buyer contract directly with each other, for the services advertised on our website with domain name www.qwkhire.com (“our Site”).
Buyers refers to users who are requesting the Services.
Sellers refers to the sellers of the Services.
Services means the listing and bidding services provided by us through our Site to the Buyers and the Sellers.
Users refers to Buyers and Sellers.
We have no control over and do not guarantee: (i) the quality or workmanship in relation to the Services; (ii) the truth or accuracy of the content or listings posted on our Site; (iii) the ability of a Seller to provide the Services; or (iv) the ability of a Buyer to pay the a Seller for the Services.
By accessing our Site, you agree to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with all applicable laws, including local and international laws and regulations governing the licensing of Sellers, applicable to you.
Your use of our Site constitutes your agreement to indemnify and hold us harmless against any and all claims arising from the use of our Site. In no event shall we or our officers, sellers or agents, be liable for any damages, including, without limitation, damages for loss of money, goodwill, reputation, profits, data; loss due to business interruption; or other intangible losses or any special indirect or consequential damages, arising out of the use of or inability to use our Site or the material published on it (“Site Materials”). These limitations shall apply to the fullest extent permitted by law.
If you do not agree with any of these Terms and Conditions, you must not use our Site
We recommend that you print a copy of these Terms and Conditions for future reference.
We are the owners or licensee of all intellectual property rights in our Site and Site Materials. These Site Materials are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw attention of others within your organisation to content posted on our Site.
We may amend these Terms and Conditions from time to time. Every time you wish to use our Site, please check these Terms and Conditions to ensure you understand the terms that apply at that time.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the Site Materials for commercial purposes other than as contemplated by these Terms and Conditions or with our prior written consent.
The Site Materials are provided for information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Site Materials.
Although we make every effort to update the Site Materials, we make no representation, warranties or guarantees, whether express or implied, that the Site Materials are accurate, reliable, complete or up to date.
· Disclaimer of Warranties; Limitation of Liability
We do not exclude or limit liability in any way or liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation by us.
We try to keep our services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of, or access to, our Site and services. Updates to listings, bids and other notification functionality on our Site may not occur in real time. Such functionality is subject to delays beyond our control.
You agree that you are making use of the Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, express or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
While we attempt to make your access, and use of our Site safe, we cannot and do not represent or warrant that our Site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses.
We have no responsibility for a Seller’s work and/or the relevant Services and will not inspect or verify the same. A Seller using our Site is not, in any way, our agents (authorised or apparent). We have not and will not provide or otherwise inspect a Seller’s license information and will not conduct any investigation or verification of the same, which is the responsibility of the individual User. We have not carried out any investigation into or verification of the ownership of the properties which may be subject to a contract concluded through our Site.
Site Materials may include technical, typographical, or photographic errors. We do not warrant that any of the Site Materials are accurate, complete, or current. We may make changes to the Site Materials at any time without notice. We do not, however, make any commitment to update our Site or Site Materials.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the amount of fees in dispute not to exceed the total fees, which you paid to us in the transaction giving rise to the liability.
Notwithstanding any of these Terms and Conditions, we reserve the right, without notice and in our sole discretion, to terminate your license to use our Site and/or to block or prevent your future access to, and use of, our Site.
· General provisions
Except as otherwise provided in these Terms and Conditions, if any provision of these Terms and Conditions is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this agreement, by providing notice of such assignment to you.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches
No agency, partnership, joint venture, seller-Buyer or franchiser-franchisee relationship is intended or created by this agreement.
Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.
This agreement, its subject matter and its formation (and any con-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Terms of website use
Unless otherwise indicated, our Site and Site Materials, including, without limitation, the QwkHire logo and all designs, text, graphics, pictures, information, data, documents, software, sound and video files, other files and the selection and arrangement thereof are our property or the property of our licensors or Users and are protected by copyright and trademark laws.
We may update and change our Site from time to time to reflect changes in the Services, our User’s needs and our business priorities.
We do not guarantee that our Site, or Site Materials, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you notice of any suspension or withdrawal.
Our Site is directed to people residing in the United Kingdom. We do not represent that the content available on or through our Site is appropriate for use or available in other locations.
We grant you a limited, non-exclusive, non-transferable license to access and use our Site and Site Materials; however, such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our Site or Site Materials; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of our Site or the Site Materials or any information contained therein, except as expressly permitted on our Site; or (f) any use of our Site or the Site Materials other than for their intended purpose. Any use of our Site or the Site Materials other than as specifically authorised herein, without our prior written permission is strictly prohibited and will terminate this license with immediate effect. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to our intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time by us.
If you choose, or you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any provision of these Terms and Conditions.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
In connection with using or accessing, or uploading material onto, our Site, and the provision of the Services, you expressly agree that you will not:
1. Post, list or upload content or offer services in inappropriate categories or areas on our Site, or post content or offer services not related to home improvement services, or the building trades or repairs on a residential home or service that is not related to any of our current categories;
2. Breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
3. Use the Services if you are not able to form legally binding contracts (for example, if you are under 18, do not have rights to contract for the Services, or are not appropriately licensed to provide the Services, or are temporarily or indefinitely suspended from using our Site and the Services;
4. Fail to deliver the Services contracted for between you and the Buyer, or fail to pay for the Services provided to you as the Buyer, unless in our sole opinion you have a valid reason;
5. Interfere with or alter any other user's listings or the Site or the Services;
6. Distribute viruses or any other technologies that may harm our Site or our IT systems or the interests or property of our Users; post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; or use any robot, spider, scraper or other automated means to access our Site or the Services;
7. Post false, inaccurate, misleading, defamatory, or libelous content on our Site;
8. Take any action that may undermine the feedback or ratings systems of our Site;
9. Transfer your account with us and user ID to another party without our prior written consent;
10. Reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to us, or that comes from the Services and belongs to another of our users or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with our prior written permission and/or the permission of any other party holding the right to license such use.
11. Use our Site and Services in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; and
12. Access without authority, interfere with, damage or disrupt (i) any part of our Site; (ii) any equipment or network on which our Site is stored; (iii) any software used in the provision of our Site; or (iv) any equipment or network or software owned or used by any third party.
If we believe or discover that you are abusing our Site in any of the ways mentioned above or otherwise, we may, in our sole discretion, take any steps to prevent and mitigate such abuse such as limiting, suspending, or terminating your user account(s) and access to the Services, delaying or removing hosted content, and taking technical and/or legal steps to prevent you from using the Services.
You warrant that any contribution from you does comply with these Terms and Conditions, and you will be liable to indemnify us and for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other Users a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of the right to privacy.
We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with these Terms and Conditions.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue the Services provided to any user. Additionally, we reserve the right, at our sole discretion, to refuse or terminate our services to anyone for any reason.
· User generated content
Our Site includes information and materials uploaded by other Users, including advertising, ratings and bulletin boards. This information and these materials have not been verified or approved by us. The views expressed by other Users on our Site do not represent our views and values.
If you wish to complain about information and materials uploaded by other Users please contact us on firstname.lastname@example.org.
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site. You must not attack our Site via denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you commit a criminal offence under the Computer Misuse Act 1990. We will report such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
· Links to other websites
We have not reviewed all of the websites linked to our Site and are not responsible for the content of any such linked website. The inclusion of any link does not imply endorsement by us of the website. Use of any such linked website is at the User’s own risk.
· Links to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site in any website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking to must comply in all aspects with the content standards set out in these Terms and Conditions.
If you wish to link to or make use of content on our Site other than that set out above, please contact email@example.com.
Our Site allows Users to post content, including photos and links to other sites and content outside our control. If you post such content on our Site then you are solely responsible for such content and represent and warrant that you own or have secured all legal rights necessary for that content submitted by you to be used by you, us and any other party referred to in these Terms and Conditions.
Users may post reviews of Sellers on our Site. You agree that your name and review information may be made available to the public and to the Sellers you review. You represent and warrant that each person identified, depicted, or shown in content you post, if any, is not a minor and has provided consent to the use of the content and their image consistent with these Terms and Conditions. You are solely responsible for your reviews and ratings. We may, in our sole discretion, choose to remove or not remove reviews and ratings once published to our Site. You will not submit any reviews that may: (a) be defamatory of any person; (b) be obscene, offensive, hateful or inflammatory; (c) promote sexually explicit material; (d) promote violence; (e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (f) infringe any copyright, database rights or trade mark of any other person; (g) be likely to deceive any person; (h) breach any legal duty to a third party, such as a contractual duty or a duty of confidence; (i) promote any illegal activity; (j) Be in contempt of court; (k) be threatening, abusive or invade another’s privacy; (l) impersonate any person, or misrepresent your identity or affiliation with any person; (m) give the impression that the contribution you made on our Website, emanates from us, if this is not the case; (n) contain any advertising or promote any services or web links to other sides, other than as permitted by these Terms and Conditions.
All of your reviews and ratings must be based on your actual first-hand experiences with the Seller you have engaged with and shall be accurate, fair, honest, be genuinely held, complete in all respects and comply with the applicable laws of England and Wales. In posting a User review, you represent that you do not work for, own any interest in, or are otherwise related to any of the Seller for which you submit reviews and ratings, or any of that Seller's owners, members, officer's, or directors, and that you have not received any form of compensation to post reviews and ratings.
The reviews and ratings provided by Users do not reflect our views, or the views of our members, owners, officers, sellers, agents, or the views of any other Users.
When placing a listing on our Site or responding to any existing listings, you agree that:
i. You are responsible for the accuracy and content of that listing, if you posted that listing.
ii. Your listing may not be immediately posted to our Site and therefore may not be searchable by keyword or category for several hours (or up to 24 hours in some circumstances).
iii. Content that violates any of our Terms and Conditions may be deleted at our discretion without notice to you.
iv. Your location will be shown on your user profile and will also appear during searches by members of the public. The location will show the street name and the city where you reside.
The ability of any user to find your listing depends on several factors, including the services designated in the listing, category chosen by the user, geographic location, and the search criteria entered by the user. We do not guarantee that your listing will appear in some searches and browser results regardless of the criteria chosen by the user. We also do not guarantee that, if you are a Seller, that you will receive interest on your post and, if you are a Buyer, you will find the services you are searching for.
· Content of Listings
When providing us with content or causing content to be posted using our Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right to exercise any and all copyright, publicity, trademarks, database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights of intellectual property regarding its use, and you promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicenses, or our assignees.
You represent and warrant that none of the following infringe any of the intellectual property rights mentioned in the preceding paragraph:
i. Your provision of content to us;
ii. Your causing content to be posted using our Site; and
iii. Use of any such content (including of works derived from it) by us, our Users, or others in contract with us that is done in connection with the Services and in compliance with these Terms of Business.
· Contracting for services
When contracting for the Services with another User, you agree that:
i. You are responsible for reading the full listing before making a bid or committing to contract for the Services;
ii. You enter a legally binding contract with the other User when you commit to contract for the Services; and
iii. We will not be a party to such contract in any way.
We do not inspect the quality of workmanship provided by any User or verify any User’s contractor license as may be required for the performance of the Services. A User may provide license information to us that is published on our Site, but we are not responsible for verifying the accuracy of such license information. A User is responsible for verifying that any User engaged by them under these Terms and Conditions is appropriately licensed to perform the Services.
The fees we charge for using our Site are listed below. We may change our fees from time to time by posting the changes on our Site 14 days in advance of the date on which the fees change becomes effective, but with no advance notice required for temporary promotions. We do not offer fee adjustment for our services obtained outside any promotional period.
You must have a payment method on file with our third party Escrow Agent, MangoPay, when contracting with us. You must pay all fees associated with our services at the time of contracting. If your payment method fails or your account is past due, we may collect fees owed to us using other collection methods. If we retain a collection agency and/or legal counsel to assist in our collection efforts, you shall be responsible for all fees and costs of collection, including but not limited to, legal fees.
We have designated third party site MangoPay, as Escrow Agent for transactions facilitated through use of our Site. MangoPay is a third party to this agreement, and we are in no way liable for any services or information provided by third parties to our Users. We assume no responsibility for the maintenance of the website of the Escrow Agent, and are not liable for any technological issues or interruptions in service relating to a customer’s ability or inability to use MangoPay.
Additional Seller’s Terms
If you are a Seller using our Site, the following additional terms apply to you:
You will indemnify and hold us and our officers, directors, sellers and agents harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services, or your breach of any law or the rights of a third party.
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Dispute Center or if you encounter non-permitted usage on our Site, Users can contact our Customer Support department for assistance at support@QwkHire.co.uk.
If you utilise or Dispute Center service then our decision shall be final and binding on you.
Order cancellations can be performed by us, when eligible, by our Customer Support or through the Dispute Center per order.
Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may result in your account being temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
If a Buyer or Seller encounters an issue related to the service provided in an order, you are encouraged to use our Site's dispute resolution tools to attempt to resolve the matter.
We reserve the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on our Site.
If an order is cancelled (for any reason), the funds paid will be refunded to the Buyer’s shopping balance.
Additional hours can be requested if the service requires additional hours to complete. The extension can be requested by requesting for additional invoice.
Requests for new invoice for extra work can be performed through the Revision page while the order is marked as Delivered.
We encourage Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
Eligibility for a request to us to cancel an order will be assessed by our Customer Support team based on several factors, including violations to our Terms of Service, general misconduct, and improper usage of our Site’s delivery system. See below for Order specific eligibility.
Completed orders may be cancelled, upon review of our Customer Support team, up to 14 days after the order is marked as complete.
Services are not eligible to be cancelled based on the quality of service/materials delivered by the Seller if the services were rendered as described in the requirement page. A Buyer may rate their experience with the Seller on the order page, including the overall level of service quality received.
A Buyer must use our Resolution Center to address their concerns and desired resolution related to the services provided by the respective Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where a Buyer has failed to inform the respective Seller of issues related to the Seller’s services and will allow the Seller to provide a resolution first. This does not include non-permitted usage of our services.
Any non-permitted usage of our services encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to our Terms of Service.
Our Customer Support will cancel orders based on, but not limited to, the following reasons:
1. Active project orders (after a Buyer submits their requirements and before the Seller delivers their services)
2. A User is abusive towards another party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
3. A User supplied or included copyright/trademark infringing materials as part of the Buyer’s requirements or the Seller’s delivery.
4. A User is no longer an active User due to Terms of Service violations or closure of their account.
5. Delivered Service (after a Seller clicks Job Completed and before the order is marked as complete)
6. The Seller uses the Delivery system to extend the delivery due date to complete the requested services without providing the final delivered services to a Buyer.
7. Note: Multiple reported offenses will result in permanent suspension of the User’s account.
8. A Seller delivers no files and/or proof of work related to the agreed upon order requirements.
9. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
10. A Seller requests additional payments, on or off our Site’s platform, by withholding the final delivery of services directly related to the agreed requirements.
11. A Seller withholds the final delivery of services for improved ratings.
12. A Buyer who abuses the Request Revisions button to gain more services from a Seller beyond the agreed requirements.
13. A Buyer threatens to leave a damaging review to gain more services from a Seller not related to the agreed requirements.
14. Completed Service (after the order is marked as complete and before the 14 day limitation)
15. A User who has been reported to use copyright/trademark infringing materials after verification and with proof.
16. A Buyer who does not purchase commercial use rights and are reported to have used the materials commercially.
17. Our Customer Support will review cases of Service delivery manipulation that prevent a Buyer and a Seller from fully utilizing our Resolution Center that enabled the order to be marked as complete.
Our fees are nonrefundable. We shall not be liable for any amount in excess of fees paid by a party in any transaction.
Our Site only displays currency in £ Sterling.
You may not offer direct payments to a Seller using payment systems outside of the our Order system.
We retain the right to use all publically published delivered works for our marketing and promotional purposes.
A Buyer may request a specific service from the Post a Job feature found from the Shopping dashboard. Services requested on our Site must be an allowed service on our Site.
A Buyer pays us and we, in turn, pay the Seller for their services, using the “Hire” button.
In addition a Buyer can request additional information which addresses a Buyer’s specific requirements, and receive an invoice from Seller through our Site.
Services may be purchased using one of the following payment methods: Credit Card, Debit Card.
Processing fees are added at the time of purchase where a Buyer can review and accept the total amount requested to pay. These fees cover payment processing and administrative fees. The current fees assessed to the total purchase amount are £1 on purchases up to £20 and 5% on purchases above £20.01. When purchasing from your Seller's balance (i.e. out of your earned revenues) or Buyer's shopping balance (resulting from any credits or refunds) you will not be charged a processing fee. Funds returned to your balance from cancelled orders will not include processing fees paid.
These fees will be applied to each of the Buyer and Seller separately in respect of the relevant transaction between them.
If you have funds in your account balance, either from your Shopping or available Revenue balance, it will be automatically applied to your next purchase, but only in the event that your balance covers the entire purchase amount.
You may not offer Sellers to pay, or make payment using any method other than through the our Site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support support@QwkHire.co.uk.