Terms and Conditions

YouKwoteMe website operates as an online market place where users post work to unable trade companies to openly communicate, quote and/or bid for these works at a fair and competitive way with the objective of realizing a transaction.

Information Given to you by YouKwoteMe

www.YoukwoteMe.com and www.YouKowteMe.co.uk are websites operating under YouKwoteMe LTD Company generally denominated by “we”, “us” and “our” within this terms and conditions. We are registered in England and Wales under company number 09260810. Our registered address is at Huntington, Cannock, Staffordshire, WS12 4US. Our email address is info@youkwoteme.com.

Part 1 is the “Main Conditions”, Part 2 is the “User Conditions”, Part 3 is the “Trade Conditions” and Part 4 is “The Contract” of these terms and conditions, these parts together for the terms and conditions on which we will provide our services to you the User and the Trader.

You will be able to access most areas of the Website without the need to register where the Main Conditions will apply. Certain areas of the Website will only be visible when registered and logged in under User or Trade Conditions after acceptance of the Terms and Conditions of which each terms will apply. If you choose the register as a User or Trade member, we will prompt these terms to you and ask to confirm that you have read, understand and accept the terms and conditions.

To enable you to use and access the Website and to allow any correspondence via e-mail between you and us you will be asked to accept our Terms and Conditions. Please read and understand our Terms and Conditions before using the Website. As soon as the Website is used this will indicate that you have accepted our Terms and Conditions even if you have chosen or not to become a Member. In the event of you deciding not to accept our Terms and Conditions, please do not use our Website.

From time to time we will update and revise these Terms and Conditions, you may not receive a notification of change. We therefore ask you to periodically review its content, it the event of you deciding not to accept these changes, please do not use our Website. Please be aware that our Terms and Conditions are binding to you.

Any agreement not described in these Terms and Conditions are reserved.


PART 1

MAIN CONDITIONS

1. DEFINITIONS

  • “We” or “Us” or “Our” or “Website” is www.YouKwoteMe.com or www.YouKwoteMe.co.uk .
  • “Work”or “Job” is the agreement between the Contractor and the User to perform a service as stipulated in the job description and The Contract.
  • “User”or “Client” is the person posting the Job.
  • “Contractor” or “Trader” or “Tradesman” or “Professional” is the member or company providing the service, work and or material.
  • “Registration” or “Register” is a User or Contractor having setup an account and agreed our Terms and Conditions.
  • “Member” is a registered User or Trader.
  • “Membership” is a registered Contractor.
  • “Conditions” are all the applicable Terms applicable to a person accessing and using the Website constrain to the use of the Website.
  • “Auction” is the bidding process to the lowest cost that the User have initiated when setting up the work.
  • “Final Cost” is the Auction end value that the User will have to pay at the agreed intervals once each stages of the work is completed.
  • “Feedback” is given by both Users and Contractors to each other at each stages of the works and at the end of the work.
  • “Post A Job” is when a User or Trader request a service, work or material.
  • “Kwote” or “Quote” or “Price” is the actual cost to be paid set at the end of the auction in addition to any Change Request that has been approved.

2. ACCESS

2.1 Our objective is to ensure that the Website is continually available 24 hours a day, YouKwoteMe shall not be liable if the Website is unavailable at any time, for any period and for any reasons.

2.2 The Website may be temporarily suspended without notice for maintenance, update or any other reasons beyond control.

2.3 Access to Contractors will be entirely depended upon the renewal of membership and acceptance to these Terms and Conditions.

2.4 Access to Users will be granted upon acceptance to these Terms and Conditions no membership will be required.

2.5 There are certain areas and information that will only be made available to Contractors and users depending upon the type of membership and subscription.

2.6 YouKwoteMe reserves the right to remove any Work and\or Users and\or Contractors when suspect to fraud and\or any other type of illegal activities and/or being under investigation and/or as a request from legal authorities and/or offensive nature.

2.7 YouKwoteMe reserves the right to provide all the necessary information and access to legal bodies when Users and/or Contractors are under investigation.

3. CONTENT

3.1 Whilst we encourage the Users to add the Works as accurate as possible, we do not warrant the truth, completeness and details of the Website. The information contained may change at any time and without notice. Also, these may be out of date, and we do not make any commitment to change and update them.

3.2 YouKwoteMe do not warrant the content in any way.

3.3 It is prohibited posting or transmitting or copying to or from the Website any material that is:

3.3.1 threatening; defamatory; aggressive; obscene; indecent; illegal; offensive; pornographic; abusive; racial; discriminatory; menacing; can breach respect; inflammatory; blasphemous; can breach confidence; can breach privacy; can cause annoyance or inconvenience.

3.3.2 used without obtaining all necessary consents, license and approval.

3.3.3 will encourage or constitute or is considered criminal offense or rise to civil liability and other unlawful in any country in the world or conflicts the rights of third party.

3.3.4 harmful including and without limitations to malicious or corrupted and harmful data.

3.4 Misuse the Website including hacking.

3.5 YouKwoteMe reserves the right to provide all the necessary information to disclose the identity or locate anyone in breach of any clauses to court orders or law enforcement authorities.

3.6 Users and Contractors will have to share Names, Addresses and contact details between them before and after the Work in rewarded.

4. LICENCE

4.1 YouKwoteMe will permit to view, download and print extract from the Website without our written permission if:

4.1.1 Our copyright rules and permission clearly form part and appear in the copies.

4.1.2 Graphics and text are used together.

4.1.3 Documents, text and pictures are not modified in any way.

4.1.4 Information contained in any Works are not used, stored or reproduced in any other sites.

4.2 Unless otherwise stated, YouKwoteMe owns the copyright and other intellectual property rights in all material on the Website.

4.3 YouKwoteMe reserves the right to terminate the use of the Website to any Users and Contractors and anyone in breach to these Terms and Conditions. You must immediately destroy any downloaded or copies in full or in part from our Website.

5. DISCLAIMER

5.1 Notwithstanding the extent legally permitted by law we exclude the following:

5.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

5.1.2 any liability for any direct, indirect or consequential loos or damage incurred by any person in connection with the Website or its use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including and without limitation any liability for loss of income or revenue, business, profits, contacts, savings or anticipated savings, data, goodwill, management or labour or office time, any other loss or damages of any kind, breach of contract or even when foreseeable or unforeseeable.

5.2 This does not affect our liability for personal injury or even death caused from our negligence, nor to fraudulent misrepresentation or any other that cannot be restricted or excluded under applicable law.

6 PRIVACY POLICY

6.1 YouKwoteMe may process the following data about you:

6.1.1 Information provided by you when filling the forms on our Website.

6.1.2 Information provided by you when communicating with us.

6.1.3 Details of your visits.

6.1.4 Any data such as location, traffic, weblogs and communication.

6.2 Use of Cookies and cookie file on our Website we will:

6.2.1 Gather information about the computer you have used to access our Website.

6.2.2 Collect statistical data

6.2.3 Retrieve data about general internet usage

In the event of you deciding not to accept the Use of Cookies, please do not use our Website.

All the data will not identify you personally or personal details whatsoever.

Our Contractors and Advertisers may also use cookies which we have no control and will be downloaded once clicking on advertisements on our website. This includes third parties vendors and Google. To opt out to Google ads please visit https://www.google.com/privacy_ads.html.

We may contact you with services and good in accordance with previous Works you have visited or advertised.

6.3 The use of your Information will mainly be to:

6.3.1 Provide you with information on other products that we think you may be of your interest.

6.3.2 Meet our contractual obligations to you.

6.3.3 Notify any changes to our Website.

7. KEEPING YOUR PERSONAL DATA

7.1 Information provided to us is secured to our server.

7.2 Transactions are encrypted to reinforce its safety.

7.3 Login information and passwords are personal and confidential, you are responsible to keep this safe.

8. DISCLOSING INFORMATION

8.1 Your personal information may be disclosed to Contractors that have been rewarded the works.

8.2 Third parties may have access to your personal information in the event of:

8.2.1 Selling our business or assets including parts of.

8.2.2 Being enforced by law to disclose such information.

8.2.3 Fraud protection and prevention.

8.2.4 Credit risk.

8.2.5 Credit check will be made to Traders via third parties.

8.2.6 Competency checks will be made to Traders via third parties.

8.2.7 Competency and credit checks will be made periodically to Traders

9. THIRD PARTY LINKS AND ADVERTISEMENT

You will find links to third parties. They should subject to their own privacy policies. It is your responsibility to check them prior to click or use. We do not have control and we do not accept any liability or responsibility for their policy whatsoever.

10. ACCESSING INFORMATION WE HAVE OF YOU

Under The Data Protection Act 1998 we have to provide you with the information we hold about you. If you which to access this information, please contact us via info@youkwoteme.com. This request may be subject to payment of a fee of £12 to cover the cost of collecting and providing you with this request.

11. TERMINATION

You may be subject to restrictions when accessing to the Website at our discretion and/or even to refuse to correspond with you without prior notice in the event of a change that may limit our ability to access the Website, or any event beyond our control preventing us to access or we have considered you are or will be in breach of these Terms and Conditions, or we think you are abusing the Website.

12. LINKS FROM AND TO OTHER WEBSITES

12.1 If you decide to use the links you will be leaving the Website. These links belong to third parties and are provided for your convenience. We do not review them all. If you decide to access them, you do entirely at your own risk. We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

12.2 You shall fully indemnify us for any loss or damage we may suffer by replicating the homepage of the Website; or you distort, remove or alter the size or appearance of any logos used by us; or create a frame or any other browser or border around the Website; or use trademarks owned by YouKwoteMe; or disclose contents that we, in our discretion, consider to be distasteful, offensive, controversial, do not comply with applicable laws and regulations, infringe intellectual property rights or other rights of any other person.

13. YOUKWOTEME NAME PROTECTION

You agree not to register any name that includes the work “YouKwoteMe”.

YouKwoteMe is a registered trademark.

14. GENERAL

14.1 The Website is to be accessed from England and Wales.

14.2 Depending upon you wish to access and operate the Website, you will be responsible to comply with the law from here you are accessing the Website from.

14.3 A failure or delay in compliance with these Terms and Conditions shall not constitute a waiver of any other provision of these Terms and Conditions. Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

14.4 No provisions of the Conditions shall be enforceable under the Contracts Rights of Third Parties Act 1999 by any third party.

14.5 If any provisions of the Conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

14.6 The Conditions constitute the entire agreement between ourselves as to your use of the Website and shall supersede any prior agreement or representation in respect thereof.

14.7 Any and all notices to be given by us in connection with the Conditions shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission addressed to you.

14.8 These Terms and Conditions and governed by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English courts.

15. NO CONVICTIONS

You or any individuals associated with you who will be involved in a Transaction have not been convicted of a crime which is directly or indirectly related in any way to the works you have posted. You also warrant that there are currently no legal proceedings instituted against you that prevent you from performing the Works or your oblations under the Terms and Conditions.

16. COPYRIGHT NOTICE

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

This Company’s logo is a registered trademark of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on this web site are trade marked.

17. JURISDICTION

The laws of England and Wales govern these terms and conditions. By accessing this website [and using our services/subscribing to our products] you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

18. AGREEMENT

By using The YouKwoteMe service Users communicate unequivocal and unconditional acceptance and agreement to all terms and conditions set out below. The following terms and conditions provide clear notice that service use is governed by the terms of this contract and Users and Members are subsequently given opportunity to review these terms prior to agreement.

19. NOTIFICATION OF CHANGES

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

LIMITATION OF LIABILITY AND INDEMNITY

YouKwoteMe shall not be liable (whether in contract, tort or otherwise) for any loss or damage suffered as a result of any act or omission, whether negligent or otherwise by or on behalf of YouKwoteMe in relation to the provision of this service, or any other matter in relation to this agreement.

Cookies policy

1.    Introduction

1.1    YouKwoteMe.com uses cookies.

1.2    YouKwoteMe will ask you to consent to our use of cookies in accordance with the terms of this policy when you first visit YouKwoteMe.com. / By using YouKwoteMe.com and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

2.    About cookies

2.1    A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

2.2    Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. 

2.3    Cookies do not typically contain any information that personally identifies a user, but personal information that YouKwoteMe store about you may be linked to the information stored in and obtained from cookies.

2.4    Cookies can be used by web servers to identity and track users as they navigate different pages on a website and identify users returning to a website.

3.    Our cookies

3.1    YouKwoteMe use both session and persistent cookies on YouKwoteMe.com.

3.2    The names of the cookies that YouKwoteMe use on YouKwoteMe.com, and the purposes for which they are used, are set out below: 

(a)    YouKwoteMe use both session and persistent cookies on YouKwoteMe.com to recognise a computer when a user visits the website / track users as they navigate the website / improve the website's usability / analyse the use of the website / administer the website / prevent fraud and improve the security of the website / personalise the website for each user / target advertisements which may be of particular interest to specific users;

4.    Analytics cookies

4.1    YouKwoteMe use Google Analytics to analyse the use of YouKwoteMe.com.

4.2    Our analytics service provider generates statistical and other information about website use by means of cookies.

4.3    The analytics cookies used by YouKwoteMe.com have the following names: _utma, _utmb, _utmc and _utmz

4.4    The information generated relating to YouKwoteMe.com is used to create reports about the use of YouKwoteMe.com.

4.5    Our analytics service provider's privacy policy is available at: http://www.google.com/policies/privacy/.

5.    Blocking cookies

5.1    Most browsers allow you to refuse to accept cookies; for example: 

(a)    in Internet Explorer (version 10) you can block cookies using the cookie handling override settings available by clicking "Tools", "Internet Options", "Privacy" and then "Advanced";

(b)    in Firefox (version 24) you can block all cookies by clicking "Tools", "Options", "Privacy", selecting "Use custom settings for history" from the drop-down menu, and unticking "Accept cookies from sites"; and

(c)    in Chrome (version 29), you can block all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Content settings", and then selecting "Block sites from setting any data" under the "Cookies" heading.

5.2    Blocking all cookies will have a negative impact upon the usability of many websites.

5.3    If you do not agree with these terms please do not our website.

6.    Deleting cookies

6.1    You can delete cookies already stored on your computer; for example:

(a)    in Internet Explorer (version 10), you must manually delete cookie files (you can find instructions for doing so at http://support.microsoft.com/kb/278835);

(b)    in Firefox (version 24), you can delete cookies by clicking "Tools", "Options" and "Privacy", then selecting "Use custom settings for history", clicking "Show Cookies", and then clicking "Remove All Cookies"; and

(c)    in Chrome (version 29), you can delete all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Clear browsing data", and then selecting "Delete cookies and other site and plug-in data" before clicking "Clear browsing data".

6.2    Deleting cookies will have a negative impact on the usability of many websites.

7.    Our details

7.1    This website is owned and operated by YouKwoteMe LTD.

7.2    YouKwoteMe are registered in England and Wales under registration number 9260810, and our registered office is at 21 Lupin Drive, Staffordshire, Cannock, WS12 4US.

7.3    Our principal place of business is at 21 Lupin Drive, Staffordshire, Cannock, WS12 4US.

7.4    You can contact us by writing to the business address given above, by using YouKwoteMe.com contact form, by email to  info@youkwoteme.com or by telephone on 01543 529464.

 


PART 2

USER CONDITIONS

Please note that these Terms and Conditions are supplemental to the Main Conditions. Part 1, 2, 3 and 4 form the basis of the agreement that you enter into with YouKwoteMe in order to Register and become a Contractor or User Member and will govern your conduct as a Member. You as a User, you will need to comply with Part 1, Part 2 and Part 4 of these Terms and Conditions.

1. REGISTRATION

1.1 Only Persons aged 18 or above are able to register.

1.2 Only Persons in a position to form legally binding contracts under English law are able to register.

1.3 When registering as Business, you represent that you have the authority to bind the entity to this Agreement.

1.4 Each Registration is for a single User only.

1.5 Your membership cannot be transferred to a third party.

1.6 User name, password and login details are personal, rests with you to keep them safe and you are responsible for all actions taken with your User name and password.

2. YOUKWOTEME SERVICES

2.1 YouKwoteMe are not a construction company nor a services provider nor a broker or an intermediate or any sort. We act as a neutral identity where Contractors and User can discuss, meet, share details and enter into negotiations with the objective to entering into a Transaction. We are in no way to be involved in the actual transaction. We have no control over the quality, safety and legal aspects of the work and transactions taking place in our Website.

2.2 It is the responsibility of the User to screen the Contractor in accordance with the required Work and negotiate the terms for the Works.

2.3 It is the responsibility of the User to certify that the Contractor do have the competencies to do the Work in accordance with the applicable law (ie. Health and Safety at Work etc Act 1974, Construction Design and Management Regulations 2007, Health and Safety Executive).

3. GENERAL DISCLAIMER

3.1 Unless expressively stated otherwise in these Terms and Conditions, and only to the extent so stated, no provision of the Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 and the Conditions do not give rise to any legal contracts, liabilities, obligations, claims or other benefits or protection between Members (Users or Contractors) or in favor of third parties. Your contract in connection with a Transaction will be with the other Member, therefore, we cannot give commitments of any nature about the other Member or the Work, whether as to quality, quantity, delivery, safety or cost.

3.2 YouKwoteMe assumes no responsibility for claims made by Users to Contractors or Contractors to Users or any claims made at any point prior to, during or after the Works.

3.3 YouKwoteMe operates purely as a neutral venue where Users and Contractors may agree on a Work and cost.

4. UNLAWFUL TRANSACTIONS

4.1 Members shall not use the Website for unlawful activities.

4.2 Any aspects of the Work advertised and transactions carried out or even sought to be unlawful by either Contractors or Users are prohibited.

4.3 Certain transactions may be subject to statutory or other regulations and cannot be negotiated freely. This option is available to Users. It is for the Members to identify, select and adhere to such regulations.

5. FEES

5.1 YouKwoteMe is free to join as a User.

6. CANCELLATION

6.1 The User has 30 days to cancel the Work after the quote was accepted or at the end date of the Job Listing whichever is the longest period. The cancelation is made without notification from and to the Trader.

6.2 YouKwoteMe takes procedures for cancellation very seriously. Any Member found abusing or suspected to abuse and/or suspected to give false and/or exaggerated reasons to other members and procedures his cancellation will automatically be restricted and even denied or revoked without further notice also subject to additional fees.

7. FEEDBACK

7.1 Feedback is a process that involves rating the User and Contractor regarding the performance with a short text.

7.2 There are 2 types of feedback depending if acting as User or Trader.

7.3 You accept that similarly to feedbacks and comments in 8.1 & 8.2 each time an User request a Kwote it will be recorded and visible to all at the form of stars rating.

7.4 You accept that each time a Work is posted another member will leave feedback about the agreement made and the actual.

7.5 Feedbacks are an important aspect of the Website and is the chance that Users and Contractors have to rate each other. Feedbacks are likely to influence future quotes and work winning negotiations and competitiveness with others. It is important not to improperly influence feedbacks to and from others or to compare yours with others.

7.6 Any illegal activity, defamatory behaviour or any other types of profanity or above of feedback function may be ban from further use of the Website and, if applicable, being reported to the relevant authorities

8. DISPUTES AND DISAGREEMENTS

8.1 Users and Traders can raise an “Open Dispute Case” at any time upon completion of the Auction.

8.2 Once an “Open Dispute Case” is open, Traders and Users have 30 Days to reach agreement and mark the issue as closed.

8.3 Once the first 30 days time period has lapsed, the case is to be raised to the YouKwoteMe Resolution centre where the case will be re-assessed and re-commend both parties what actions are to be taken.

8.4 YouKwoteMe is acting as an advisor using the facts being made available on the YouKwoteMe website.

8.5 In the event that agreement has not reached a favourable outcome to both, both parties will be guided to the legal authorities.

9. YOU AND US

We created this Website to act as neutral third party where Users and Contractors can agree Work to an agreement. We do not form part of any joint venture, agency or partnering between YouKwoteMe and any Member whatsoever. No Member shall hold themselves or others to hold such agreement with us.

10. LIMITATION OF LIABILITY AND INDEMNITY

YouKwoteMe shall not be liable (whether in contract, tort or otherwise) for any loss or damage suffered as a result of any act or omission, whether negligent or otherwise by or on behalf of YouKwoteMe in relation to the provision of this service, or any other matter in relation to this agreement.

 


PART 3

TRADER CONDITIONS

Please note that these Terms and Conditions are supplemental to the Main Conditions. Part 1, Part 2 and Part 4 form the basis of the agreement that you enter into with YouKwoteMe in order to Register and become a Contractor or User Member and will govern your conduct as a Member.

1. REGISTRATION

1.1 Only Persons aged 18 or above are able to register.

1.2 Only Persons in a position to form legally binding contracts under English law are able to register.

1.3 When registering as Business, you represent that you have the authority to bind the entity to this Agreement.

1.4 Each Registration is for a single Contractor only.

1.5 Your membership cannot be transferred to a third party.

1.6 User name, password and login details are personal, rests with you to keep them safe and you are responsible for all actions taken with your User name and password.

1.7 When you register as a Contractor, you will be asked to provide proof of:

1.7.1 As a company we will need V.A.T. Certificate of Certificate of Incorporation from company House or a copy of company business bank account statement and Personal Photographic ID of the cardholder.

1.7.2 Self-Employed we will need recent correspondence from HMRC (inland Revenue) or a copy of a recent business tax assessment and Personal Photographic ID of the cardholder.

1.7.3 Only members that can give proof of compliance to specific trades such as “Gas Safe Register”, “NICEIC”, “PASMA” and others are to enter and bid for these works.

1.7.4 YouKwoteMe reserves the right to check the veracity of any information given at any time.

1.7.5 Contractors are to provide such proof each time the User ask for them at any time at the start of the auction to the end of the works.

1.7.6 The Trade name cannot be different to the one you have provided the proof of. We reserve the right to remove or change your Username in the event of it not being part of your legally registered trade name.

1.8 It is the responsibility of the User and the Trader to certify if the competencies are relevant to the Works and ask for or present them prior to start of the works and/or during the Auction.

1.9 Once or before the agreement is made to do the Works, the Contractor may be asked to provide a method statement and risk assessment by the User prior to start the Works.​

2. YOUKWOTEME SERVICES

2.1 YouKwoteMe are not a construction company nor a services provider nor a broker or an intermediate or any sort. We act as a neutral identity where Contractors and User can discuss, meet, share details and enter into negotiations with the objective to entering into a Transaction. We are in no way to be involved in the actual transaction. We have no control over the quality, safety and legal aspects of the work and transactions taking place in our Website.

2.2 It is the responsibility of the Contractor to Work in accordance with The Contract, the job detail and the answers given during and post auction period.

2.3 It is the responsibility of the Contractor to reassure themselves that the competencies to do the Work is made in accordance with the applicable law (ie. Health and Safety at Work etc Act 1974, Construction Design and Management Regulations 2007, Health and Safety Executive).

3. GENERAL DISCLAIMER

3.1 Unless expressively stated otherwise in these Terms and Conditions, and only to the extent so stated, no provision of the Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 and the Conditions do not give rise to any legal contracts, liabilities, obligations, claims or other benefits or protection between Members (Users or Contractors) or in favour of third parties. Your contract in connection with a Transaction will be with the other Member, therefore, we cannot give commitments of any nature about the other Member or the Work, whether as to quality, quantity, delivery, safety and/or cost.

3.2 YouKwoteMe assumes no responsibility for claims made by Users to Contractors or Contractors to Users or any claims made at any point prior to, during or after the Works.

3.3 YouKwoteMe operates purely as a neutral venue where Users and Contractors may agree on a Work at cost to a Transaction.

4. UNLAWFUL TRANSACTIONS

4.1 Members shall not use the Website for unlawful activities.

4.2 Any aspects of the Work advertised and transactions carried out or even sought to be unlawful by either Contractors or Users are prohibited.

4.3 Certain transactions may be subject to statutory or other regulations and cannot be negotiated freely. This option is available to Users. It is for the Members to identify, select and adhere to such regulations.

5. FEES

5.1 YouKwoteMe is free to join as a User.

5.2 Traders are to pay a subscription fee to allow to keep the records and bid for Work during the subscription fee period or before if subject to Cancellation.

5.3 Membership fees are chargeable as follow:

Fees

Membership Level 1

Membership Level 2

Membership Level 3

Membership Level 4

Membership Level 5

Membership Level 6

1 Months

£2.49

£4.90

£24.90

£49.90

£79.90

£99.90

12 Months

£24.90

£49.90

£249.00

£499.00

£799.00

£999.00

Fees subject to changes without warning. Fees does include VAT unless stated otherwise.

6. CANCELLATION

6.1 The User has 30 days to cancel the Work after the quote was accepted or at the end date of the Job Listing whichever is the longest period. The cancelation is made without notification from and to the Trader.

6.2 YouKwoteMe takes procedures for cancellation very seriously. Any Member found abusing or suspected to abuse and/or suspected to give false and/or exaggerated reasons to other members and procedures his cancellation will automatically be restricted and even denied or revoked without further notice also subject to additional fees.

7. FEEDABCK

7.1 Feedback is a process that involves rating the User and Contractor regarding the performance with a short text.

7.2 There are 2 types of feedback depending if acting as User or Trader.

7.3 You accept that similarly to feedbacks and comments in 8.1 & 8.2 each time an User request a Kwote it will be recorded and visible to all at the form of stars rating.

7.4 You accept that each time a Work is posted another member will leave feedback about the agreement made and the actual.

7.5 Feedbacks are an important aspect of the Website and is the chance that Users and Contractors have to rate each other. Feedbacks are likely to influence future quotes and work winning negotiations and competitiveness with others. It is important not to improperly influence feedbacks to and from others or to compare yours with others.

7.6 Any illegal activity, defamatory behaviour or any other types of profanity or above of feedback function may be ban from further use of the Website and, if applicable, being reported to the relevant authorities.

8. DISPUTES AND DISAGREEMENTS

8.1 Users and Traders can raise an “Open Dispute Case” at any time upon completion of the Auction.

8.2 Once an “Open Dispute Case” is open, Traders and Users have 30 Days to reach agreement and mark the issue as closed.

8.3 Once the first 30 days time period has lapsed, the case is to be raised to the YouKwoteMe Resolution centre where the case will be re-assessed and re-commend both parties what actions are to be taken.

8.4 YouKwoteMe is acting as an advisor using the facts being made available on the YouKwoteMe website.

8.5 In the event that agreement has not reached a favourable outcome to both, both parties will be guided to the legal authorities.

9. YOU AND US

We created this Website to act as neutral third party where Users and Contractors can agree Work to an agreement. We do not form part of any joint venture, agency or partnering between YouKwoteMe and any Member whatsoever. No Member shall hold themselves or others to hold such agreement with us.

10. LIMITATION OF LIABILITY

YouKwoteMe shall not be liable (whether in contract, tort or otherwise) for any loss or damage suffered as a result of any act or omission, whether negligent or otherwise by or on behalf of YouKwoteMe in relation to the provision of this service, or any other matter in relation to this agreement.

 

PART 4

The Contract

The Contract is to be exclusively used for work published at www.YouKowteMe.com or www.YouKowteMe.co.uk

This contract does not guaranty the Trader will still be a member of YouKowteMe by the time the work ends.

This contract is to be read in conjunction with the job listing as a whole, this includes the Job Description pre and post job online advertisement, and, any agreement made by any of the parties via the YouKowteMe.com Questions & Answers, Ask A Question and Change Request.

The terms listed below shall govern the agreements for published work.

The Date job posted reflects the date the job was posted at www.YouKowteMe.com or www.YouKowteMe.co.uk .

 

1. Completed Auctions is the date and time the job has been advertised on the site and the Auction end date.

2. Auction Duration is the date and time between the date the job posted and the date and time the auction has ended.

4. The Date this contract starts is the date the Auction is Completed.

5. Completion of the work is the date the job posted has been completed and marked as completed by the Client and the Trader.

6. Kwote and Bid is the price the User will have to pay upon completion of the work, this amount includes any other moneys such as TAX, VAT and others.

7. The Trader is to deliver the work at the duration stated in the job details and changes has been made and agreed using the change request tool.

8. The Kwote stated at the end of the Auction is valid for 30 calendar days from the Completed Auction date unless agreed otherwise with the Trader.

9. Both Trader and User are to agree the applicable legal obligations, this contract and as stated in the job details and as per the questions and answers during the auction and reflecting any agreed changes using the change request tool.

10. User reserves the right to end this Contract at any point form the time the job has been listed and/or prior to the start of the works and/or any expenses have been made and/or material has been ordered of which are subject to cancellation fees. Any cancellation fees will have to be communicated to the Client prior to ordering.

11. Any communications are only valid when made in writing via the communication tools available at YouKowteMe.

12. Insurance-backed guarantee is only provided by approved traders and only covers certain works. This insurance is provided by a third party insurance. Please contact info@youkwoteme.com to discuss options.

13. Mark as Complete is the date the work is completed and/or service has been made and/or material has been delivered and is ready for use even if there are acceptable defects.

14. Acceptable defect is a work which has been done not in accordance with the manufacturer instructions and/or as per design and does not compromise the end use and its warranty and has been accepted by the Client and/or the manufacturer.

15. When the User does not accept a defect the Trader do have to correct the defect in 7 days or otherwise agreed by the Client.

16. Notification to defect is the period of time between the point in time the defect is known and the User has been notified. The notification is made using the YouKwoteMe Change Request.

17. Defect Notification period is the period that the Trader would have to inform the User when a defect is know, this period is 7 days or earlier when other works will have to be destroyed and/or removed to correct the defect.

18. The Client will have to appoint a Principal Designer in accordance with The Construction Design and Management Regulation 2015. If no specific appointment is made the Principal Designer will be the Contractor.

19. The Client and the Trader will have to comply with the Health and Safety at Work etc Act 1974 and any other legal requirement for the works.

20. The Client and the Trader will have to carry out the works in accordance with the drawings, building regulations and legal requirements.

21. The Trader have the obligation to provide all the necessary documentation for the Safe Use and Operation and Maintenance of the works done and the material provided. This includes demolition and any risks left to the User.

22. Changes are anything that would have an impact on the duration and/or cost. Changes would have to be notified to the Client and the Client to the Trader as soon as they are known and within a 7 days period via the YouKwoteMe Change Request.

23. Job completion is the date when both Trader and User have marked the job as completed or 20 working days after the job have been marked as completed by the User or Trader.

24. The Trader has the obligation to carry out the work with reasonable care standard and skill.

25. The supply of services such as welfare facilities and water and electricity and storage and gas would have to be agreed by both the Trader and the User during the auction or at the end if the User do not have to pay or provided these facilities.

26. The User has the right to terminate this contract if:

26.1 Defects has not been corrected as agreed under this contract.

26.2 Trader becomes bankrupt.

26.3 Trader goes into liquidation.

26.4 Trader is wound up.

26.5 Trader stops work for a period of 14days (2weeks)

26.6 Trader fails to continually work and has been notified via My YouKowteMe and no improvements has been made 7 days after this notification for a 7 days period.

26.7 Trader makes an arrangement or composition with our creditors.

27. Trader have the right to terminate this contract if:

27.1 User fails to pay in accordance with the job details and the change request.

27.2 User or anyone employed by the User fails to make the site available to start the works.

27.3 User becomes bankrupt.

27.4 User delays the works for more than 30 days after the date stated in the job details or by end of the auction if no date has been agreed.

28. Open Dispute Case:

28.1 Users and Traders can raise an “Open Dispute Case” at any time upon completion of the Auction.

28.2 Once an “Open Dispute Case” is open, Traders and Users have 30 Days to reach agreement and mark the issue as closed.

28.3 Once the first 30 days time period has lapsed, the case is to be raised to the YouKwoteMe Resolution centre where the case will be re-assessed and re-commend both parties what actions are to be taken.

28.4 YouKwoteMe is acting as an advisor using the facts being made available on the YouKwoteMe website.

28.5 In the event that agreement has not reached a favourable outcome to both, both parties will be guided to the legal authorities.

29. Defect liability period is the period of which the works is completed for a 12 months duration or more if stated in the job description and/or as given by the manufacturer.

30. Any Change requests made, complaints raised, are only dealt by YouKwoteMe when evidences of the complaints can be verified via Daily Diary Log, Change Requests and/or any other tools provided. Any other evidences presented after the event may not be considered.