1. The BuildPartner Software
Sections 4, 5 and 10 below contain important restrictions on our liability to you – your attention is drawn to them in particular.
“BuildPartner” consists of the Site, any BuildPartner-branded mobile apps we make available, any pages we operate on third party social media applications, and the content and services we make available through them via the internet or mobile devices (including smart phones and tablets). It also includes the provision by us of associated information, products and services by e-mail or your mobile device.
BuildPartner is designed to enable users to pull data from selected templates and tasks to get an idea of benchmark costs for construction projects (“Cost plans”) and receive an indication of the fees chargeable by Service Providers for their provision of that advice and/or assistance and any conditions applicable to those fees (“Quotes”).
You are responsible for accurately describing your requirements for any project in respect of which you submit a Request for Quotes (“Project”).
3. Charges to Service Providers
We charge users a subscription of £0 – 40pcm for their use of BuildPartner. We charge Service Providers 0.1 – 0.2% of Project value for their use of BuildPartner.
We make no warranty that BuildPartner will be uninterrupted or error-free, or that any defects will be corrected. Whilst we take steps to prevent misuse of our systems, we cannot warrant that BuildPartner will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.
You and Your Service Provider
We do not endorse or recommend any particular Service Provider nor do we make any kind of guarantee as to the ability, competence, or quality of the Service Providers who may be listed on the Site. We merely make BuildPartner available to enable you to determine the suitability of Service Providers for yourself. We do not warrant the accuracy, quality or completeness of any information or assistance obtained from Service Providers. We do not direct, have any control over, or make any assurance or representation about any Service Provider.
We will not be a party to any contract made between you and any Service Provider and therefore we shall not be liable for any loss or damage which results from any dealings between you and any Service Provider. It is your responsibility to select a suitable Service Provider and to negotiate the terms of any Project to be performed by the Service Provider selected.
You should in all cases make your own enquiries as to the suitability of any Service Provider for your particular Project. You should not engage any Service Provider or make any deposit or other payment to them without having conducted such checks to your full satisfaction. While our hope is that you will be happy with every Service Provider whether you find them through BuildPartner or not, you should not engage any Service Provider if you have any doubts or concerns about them.
We may include in BuildPartner information sourced from Service Providers, including general news, information and profiles of individual Service Providers. We do not write or control that information and have no responsibility to you or any person for it. We ourselves may also provide you with general guidance as to questions you submit through BuildPartner. Any information on BuildPartner is for general guidance only and is not intended to be specific expert advice tailored to your particular circumstances. You should take all due care in relying on such information, as this is done at your own risk.
In the unlikely event that you have a dispute with a Service Provider, you must address such dispute directly to the Service Provider concerned, or any trade association of which such Service Provider is a member. However, you agree to notify the details of the dispute to us as soon as reasonably practicable. We cannot be involved in your disputes with Service Providers. By using BuildPartner you release us from any and all claims, demands and damages of every kind arising out of or in any way connected with any such disputes you have with one or more Service Providers.
5. Your Use of BuildPartner
You are responsible for ensuring that you are legally entitled to submit to BuildPartner any information which you include in a Request for Quotes. You may only use BuildPartner to invite Quotes for genuine Projects where you have authority to engage a Service Provider and your intention is to do so subject to agreeing on suitable terms. You may not invite tenders for any Project which is illegal or unlawful. You agree not to use BuildPartner in any unlawful manner and in particular, shall not: Include in any Request for Quote any information that infringes any patent, trademark, copyright, trade secret or other intellectual property right or proprietary right of any person; Submit to BuildPartner any corrupted files, files that contain viruses, or any other item that may damage the operation of a computer or other electronic device; impersonate another person or entity; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels on any material contained in a Request for Quote; cause BuildPartner to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of BuildPartner is in any way impaired; or restrict or inhibit any other user from using and benefitting from BuildPartner.
You must not include in any Request for Cost Plan any information which could personally identify any other person or house or other property, unless you are entitled to do so.
You agree not to scrape, spider, resell, copy, reproduce, modify, create derivative works from, distribute or publicly display any content from BuildPartner without our prior written permission.
It is not possible for us to review all websites which are linked to from BuildPartner (or link to BuildPartner), and you should therefore take care when following any link. We cannot accept liability for any loss or damage that may be suffered as a result of following any links.
7. Use of Requests for Cost Plans and Quotes
You are solely responsible for the content, accuracy, and completeness of each Request for Cost Plan or Quote you submit using BuildPartner, and agree that it shall only contain information which is true, accurate and current.
You acknowledge that we may edit, modify or remove any parts of a Request for Cost Plan which we consider is in breach of any of the provisions of the Terms, and/or suspend or terminate your access to BuildPartner without notice.
By providing a Request for Cost Plan you grant to us a royalty-free, perpetual, irrevocable and non-exclusive licence to use, copy, reproduce, modify, publish, edit, translate, distribute and display the Request for Cost Plan alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that you are entitled to grant such a licence. You also waive any moral rights you have in Requests for Quotes. Do not include in any Request for Cost Plan any information that you would not want us to use in this way.
You consent to information about the device you use to access BuildPartner being collected and processed for fraud prevention purposes and you acknowledge that we may use third parties (and information they provide) to help us prevent fraud or unauthorised access to our Service.
8. Intellectual Property Rights
You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, BuildPartner and any part of it (the “Intellectual Property”), including the manner in which BuildPartner is presented or appears and all information and documentation relating to it is our property (or that of our licensors), and nothing in the Terms shall be taken to transfer any of the Intellectual Property to you.
Solely for the purposes of receiving BuildPartner, we hereby grant to you for the period during which BuildPartner is provided a non-exclusive, non-transferable licence to use the Intellectual Property.
We shall indemnify you against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by you in connection with any actual or threatened claims of any kind that any material on BuildPartner which has been generated and uploaded by us infringes the intellectual property of any third party.
8. LIMITATION OF LIABILITY
Nothing in the Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
If you are dissatisfied with BuildPartner, or the terms of the Terms, your only remedy under the Terms shall be to discontinue use of BuildPartner. Without limiting the preceding sentence, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
Other than as set out in the two paragraphs immediately above, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with the Terms.
Except as expressly set out in the Terms, all conditions, warranties and obligations which may be implied or incorporated into the Terms by statute, common law, or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law. We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, or any other economic loss (even where we have been advised of the possibility of such loss or damage).
In the event that any limitation or exclusion of liability in the Terms is not enforceable, then we shall not be liable to you for more than £500 in aggregate in respect of matters arising out of any individual Request for Quotes. Each of the provisions of this section 10 (Limitation of Liability) shall be construed separately and independently of the others.
9. Our Rights
We reserve the right at all times to edit, refuse to post, or to remove from BuildPartner any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body or trade association.
We reserve the right to terminate the provision to you of BuildPartner or restrict your access to BuildPartner at any time without notice for any reason whatsoever, including if we suspect you to be in breach of any of the Terms.
We may vary the terms of the Terms from time to time and shall post such alterations on the Site. If you do not agree to the changes made to the terms of the Terms then you have the right to stop using Service, and should do so immediately. Your continued use of BuildPartner after the date the changes have been posted will constitute acceptance of the amended Terms.
10. Payment processing
Payment processing services for using BuildPartner are provided by Stripe and GoCardless and are subject to their terms and conditions. By agreeing to these terms or continuing to operate as a contractor on BuildPartner, you agree to be bound by the Stripe and GoCardless Services Agreements, as the same may be modified from time to time. As a condition of BuildPartner enabling payment processing services through these Services, you agree to provide BuildPartner accurate and complete information about you and your business, and you authorize BuildPartner to share it and transaction information related to your use of the payment processing services.
Clause headings are inserted for convenience only and shall not affect the interpretation of the Terms.
If any of the Terms are held to be illegal or unenforceable such provisions shall be severed and the rest of the Terms shall remain in full force and effect unless the business purpose of the Terms is substantially frustrated, in which case it shall terminate without giving rise to further liability.
You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.
The Terms constitute the entire agreement as to your use of and our provision of BuildPartner. The Terms supersede and extinguish all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.
You acknowledge that you have placed no reliance on any representation made but not set out expressly in the Terms.
The Terms shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.
Our registered company number is 11739530 and our registered office is Suite 345, 50 Eastcastle Street, London, W1W 8EA. Our VAT number is 319584474.
Many thanks for taking the time to read this!
The BuildPartner Team