Terms and Conditions

MYSUPERBUILDER TERMS AND CONDITIONS FOR USERS/CLIENTS/CUSTOMERS

About Us

  1. MySuperBuilder is subsidiary and trademark for Sigma Engineering and Technology Ltd company registered in England and Wales. Our company number is 11205001 and the registered office is


    Kemp House
    160 City Road
    Islington
    London
    EC1V 2NX

  2. MySuperBuilder and/or Sigma Engineering and Technology Ltd shall be referred to as “Company” in this Agreement unless otherwise stated.

  3. We provide a platform for vetted and monitored professional tradesmen/tradeswomen (“Service Providers”). Our website domains are www.mysuperbuilder.co.uk (and www.mysuperbuilder.com) and mobile phone application from Apple Appstore and GooglePlay app store called MySuperBuilder for Service Providers.

Purpose of these Terms and Conditions

  1. These terms and conditions ('Terms and Conditions') for the Users of MySuperBuilder Platform is our agreement with you, the User identified in an application for using our MySuperBuilder Platform as a User and sets out the following:

    (1) The process by which you, after completing the relevant application form and going through our background check process may be accepted as a User on the MySuperBuilder platform.

    (2) The terms and conditions governing your use of MySuperBuilder Platform and our provision of MySuperBuilder Platform services to you ('Platform Services') as set out in these Terms and Conditions and also published on our website and mobile application.

  2. By submitting an application to become a User/Client and/or by continuing to enjoy the benefits, rights and privileges of being a Service Provider on MySuperBuilder platform you agree to be bound by these Terms and Conditions. Our approval of your application, continuation of User/Client status and inclusion of your details on our MySuperBuilder platform depends on you complying with these Terms and Conditions.

  3. These Terms and Conditions and the Privacy Policy together form and are hereinafter referred to as this “Agreement.” If you object to anything in this Agreement, you may not use or access the MySuperBuilder Platform.

User/Client Guarantees and Declarations

  1. You hereby declare that:

    (1) You, and anyone employed by you, are 18 years of age or older and are at least of the legally required age in the jurisdiction in which you reside and are otherwise legally capable of entering into binding contracts.

    (2) You have the right, authority and capacity to enter into this Agreement and to abide by the Terms and Conditions of this Agreement. Where you enter into this Agreement on behalf of a company or other organization, you represent and guarantee that you have authority to act on behalf of that entity and to bind that entity to the Terms and Conditions and to this Agreement.

  2. You also guarantee that you have read, understand, and agree to be bound by these Terms and Conditions and this Agreement in order to access and use the MySuperBuilder Platform.

  3. You hereby declare and guarantee that you will respect the privacy (including without limitation private, family and home life), property and data protection rights of the Service Providers, other Users/Clients, MySuperBuilder staff and other users of the MySuperBuilder Platform. Under all circumstances you will not record (whether video or audio or otherwise) any works or any interaction by or with any MySuperBuilder Platform User and/or MySuperBuilder (as a company entity or its parent company) in connection with the MySuperBuilder Platform without the prior written consent of MySuperBuilder company and/or the relevant MySuperBuilder Platform User, as applicable.

  4. You also guarantee that you will fulfil the commitments you make to other MySuperBuilder Platform Users, Service Providers, including paying/receiving payment through the MySuperBuilder Platform, being available for appointments agreed upon as between the Service Provider and Client, communicating clearly and promptly through the chat thread and/or responding to requests promptly, being present and/or available at the time you agree upon with your Service Provider as the case may be, and only utilising the third party payment processing system specified or approved by us to make or receive payment for services provided through the MySuperBuilder Platform.

  5. You also guarantee that you will act professionally and responsibly in your interactions with other MySuperBuilder Platform Users and Service Providers. You further declare and guarantee that when using or accessing the MySuperBuilder Platform, you will act in accordance with any applicable local, national or international law, industry standards and in utmost good faith.

  6. You hereby declare and guarantee that, other than as fully and promptly disclosed to MySuperBuilder Company, you do not have any motivation, status, or interest which our Company may reasonably wish to know about in connection with the MySuperBuilder Platform, including without limitation, if you are using or will or intent to use the MySuperBuilder Platform for any journalistic, investigative, or unlawful purpose; or if you have any potentially relevant unspent criminal convictions or cautions (other than minor fixed penalty parking or speeding offenses).

  7. You also guarantee that you will promptly disclose to MySuperBuilder Company in writing any such motivation, status or interest, whether existing prior to registration or as arises during or after your use of the MySuperBuilder Platform.

  8. As a User/Client, you also declare and guarantee that you will provide timely and accurate information to your Service Providers, MySuperBuilder staff. You will also not request for any Goods/Services/Works from Service Providers you got to know through MySuperBuilder Platform other than by using the MySuperBuilder Platform.

  9. You shall facilitate the Service Provider to provide the services safely in accordance with the relevant Health and Safety Legislation.

Contract between Service Provider and Clients

  1. You acknowledge and agree that a legally binding contract (the “Service Agreement”) is formed when you agree on the terms of requested works with a Service Provider. The terms of the Service Agreement include the terms set forth in this Section (Contract between Service Provider and Clients), the engagement terms proposed and accepted on the MySuperBuilder Platform, and any other contractual terms accepted by both the Service Provider and the Client to the extent such terms do not conflict with the terms in this Agreement, including this Section (Contract between Service Provider and Clients), and do not expand MySuperBuilder’s obligations or restrict MySuperBuilder’s rights under this Agreement. You agree that MySuperBuilder is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between MySuperBuilder and the Service Provider (or anyone else supplied by the Service Provider), nor will it create an employment relationship between the Client and the Service Provider or any such person. MySuperBuilder’s role is restricted solely to acting as a limited payment collection agent for the Service Provider to facilitate payment on behalf of the Service Provider through the MySuperBuilder Platform in respect of works they carry out for Clients. In acting as the limited payment collection agent for particular works on the MySuperBuilder Platform, MySuperBuilder disclaims any other agency or authority to act on behalf of the Service Provider and assumes no liability for any acts or omissions of the Service Provider, either within or outside of the MySuperBuilder Platform.

  2. The Service Provider is not obligated to personally perform the Works/Services pre-approved by the Client. Before any Works/Services are performed by any assistants, apprentices, labourers, helpers, subcontractors or other personnel engaged by the Service Provider (collectively “Associates”), the Service Provider shall require any such individuals to become fully registered, oriented and verified Service Providers on the MySuperBuilder Platform. A Service Provider’s failure to comply with this provision by bringing an Associate who is not a registered Service Provider could lead to removal from the MySuperBuilder Platform. The Service Provider assumes full and sole responsibility for the acts and omissions of such Associates, including without limitation the payment of all compensation, benefits and expenses of Associates, if any, and for all required and applicable Income Tax and National Insurance Contributions, Pensions Contributions withholdings as to the Service Provider and all persons engaged by the Service Provider in the performance of the Works/Services.

  3. While using the MySuperBuilder Platform, Clients, in their sole discretion, determine whether they will be present or not when works/services are being carried out and/or completed. Clients who elect not to be present when the Works are being carried out and/or completed agree that if someone other than them (i.e. property manager, spouse, roommate, friend, tenant, etcetera) is present when the Works are being carried out, they are appointing that person as their representative ("Client's Representative") and the Service Provider may take and follow direction from the Client's Representative as if such direction was given from the Client himself/herself. The Client's Representative may authorise any applicable waiver by signing in the Client's stead. Client agrees that such direction and/or waiver is valid and enforceable against Client and Client's Representative, and Client shall be responsible and liable for all such direction and/or waiver as if made by Client himself/herself.

  4. The Client shall pay the Service Provider directly for completed Works/Services through the Payment Service Payment (PSP) as indicated on the MySuperBuilder Platform at the rates agreed to by the parties in the Service Agreement. Each party agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Task. Both parties agree to notify MySuperBuilder of any disputes prior to negotiation of or filing of any claims, and to negotiate any dispute informally via MySuperBuilder representatives for at least thirty (30) days before initiating any proceeding. MySuperBuilder reserves the right to suspend or terminate any account or Works/Services/Goods pending the resolution of any dispute.

Billing and Payment

  1. All Users of the MySuperBuilder Platform contract for Works/Services directly with other Users. MySuperBuilder will not be a party to any contracts for Works/Services. Payment for Works/Services through the MySuperBuilder Platform is made directly from the Client to the Service Provider via the PSP, and not by MySuperBuilder. MySuperBuilder is not obligated to pay the Service Provider for Client’s failure to pay for services.

  2. Users of the MySuperBuilder Platform will be required to provide their credit card and/or bank account details to MySuperBuilder and the Payment Service Provider retained by MySuperBuilder (the “PSP”). Service Providers are responsible for invoicing their Clients within 24 hours of the Works/Services being carried out, even if the Works/Services are not completed in their entirety or is considered as “ongoing”.

  3. Clients will be responsible for paying the invoice for the Works/Services provided (the “Invoice”), which will include:

    (1) The pricing terms of the Works/Services agreed with and provided by a Service Provider (“Works/Services Payment”).

    (2) Any materials costs agreed with and submitted by a Service Provider in connection with the Works/Services,

    (3) Any tip or gratuity, if the Client wishes to.

    (4) The service charge which MySuperBuilder assesses as payable for the use of the MySuperBuilder Platform. This is variable based on the Works/Services Payment amount. The service charge or MySuperBuilder platform fee which is used to offset MySuperBuilder’s cost of providing Users with customer support, providing the Warranty Pledge, and other various business objectives.

    (5) Cancellation fees, if applicable.

    (6) Clients may also be charged credit card processing fees equal to three percent (3%) of the aggregate expense amount if expenses related to a Task individually, or Tasks in the aggregate over a 30-day period, exceed £300.00.

  4. Service Providers will be responsible for paying the following:

    (1) Registration fees applicable to Service Providers,

    (2) Cancellation fees, if applicable.

    (3) Repayment of erroneous payments.

  5. Users/Clients may be required to register with the PSP, agree to terms of service of the PSP, and go through a vetting process at the request of the PSP to set up their account with the PSP (the “PSP Services Agreement”). By accepting these Terms of Service, each User/Client agrees that they have downloaded and/or printed, and reviewed, understood and agreed to, the PSP Services Agreement. Please note that MySuperBuilder is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that MySuperBuilder has no obligations or liability to any User/ Client or any other party under the PSP Services Agreement.

  6. To help prevent fraud and safeguard User information from the risk of unauthorized access, Company and/or the PSP may validate an account before activation. As part of the account validation, a very temporary charge is placed on the account associated with the User and then refunded within 1-3 business days. Due to the difference in PSP and credit card issuer requirements, this temporary charge may vary between £0.01 GBP to £5000.00 GBP, depending on the estimated value of the Works/Services requested and/or provided.

  7. When Client receives confirmation through the MySuperBuilder Platform or via email that Works/Services have been completed, Client approves the works/services and Client automatically authorises the PSP to process the Invoice. Clients may be charged a one-hour cancellation fee through the PSP if you book (or accept) Works/Services, but cancel the Works/Services before the scheduled time for performance.

  8. MySuperBuilder reserves the right (but not the obligation), in its sole discretion, upon request from Client or Service Provider, or upon notice of any potential fraud, unauthorised charges or other misuse of the MySuperBuilder Platform, to

    (1) place on hold any Works/Services Payment, out of pocket expenses, and/or tip or gratuity (if applicable) or

    (2) refund or provide credits or arrange for the PSP to do so.

  9. Works/Services Payment and fees must be paid through the PSP as indicated on the MySuperBuilder Platform.

  10. Users of the MySuperBuilder Platform will be liable for any taxes (including VAT, if applicable) required to be paid on the Works/Services provided under the Works/Service Agreement or any works/Services procured via MySuperBuilder Platform.

Acceptable Use of MySuperBuilder Platform

  1. The MySuperBuilder Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Communal Areas”) that allow Users to communicate with other Users. You may only use such communal areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the MySuperBuilder Platform, you should not share your personal contact information with other Users in the Communal Areas.

  2. Without limitation, while using the MySuperBuilder Platform, you may not:

    (1) Defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including all Users and our Company staff, or use information learned from MySuperBuilder Platform or during the performance of Tasks to otherwise defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights of any other User or Company staff;

    (2) Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information on the MySuperBuilder Platform;

    (3) Use the MySuperBuilder Platform for any unauthorized purpose, including, but not limited to posting or completing Works/Services which is/are illegal or otherwise unlawful;

    (4) Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or MySuperBuilder;

    (5) Upload files that contain viruses, Trojan horses, corrupted files or any other similar software that may damage the operation of another’s computer/mobile device;

    (6) Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly;

    (7) Advertise or offer to sell any goods or services for any commercial purpose through the MySuperBuilder Platform which are not relevant to the Works/Services offered through the MySuperBuilder Platform;

    (8) Post or complete a Works/Services requiring a User to

        i) purchase or obtain gift cards or money orders.

        ii) purchase high value items (£1000) without obtaining pre-authorization from Company,

        iii) travel into different countries during the performance of Works/Services,

        iii) travel into different countries during the performance of Works/Services,

        v) post ratings or reviews on any third party website in breach of such third party website’s terms of use,

        vi) otherwise engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by Company in its sole discretion;

    (9) Conduct or forward surveys, contests, pyramid schemes, or chain letters;

    (10) Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments;/p>

    (11) Post the same Job request repeatedly (” Spamming”). Spamming is strictly prohibited;

    (12) Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the MySuperBuilder Platform;

    (13) Restrict or inhibit any other User from using and enjoying the Communal Areas;

    (14) Imply or state that any statements you make are endorsed by MySuperBuilder, and/or its parent company, without the prior written consent of MySuperBuilder;

    (15) Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the MySuperBuilder Platform, or the personal information of others, in any manner;

    (16) Frame or utilise framing techniques to enclose the MySuperBuilder Platform or any portion thereof;

    (17) Hack or interfere with the MySuperBuilder Platform, its servers or any connected networks;

    (18) Adapt, alter, license, sublicense or translate the MySuperBuilder Platform for your own personal or commercial use;

    (19) Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by MySuperBuilder and/or its parent company;

    (20) Upload content to the MySuperBuilder Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;

    (21) Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner and/or any other form of unacceptable exploitation;

    (22) Use the MySuperBuilder Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the MySuperBuilder Platform as set forth herein;

    (23) Use the MySuperBuilder Platform to collect usernames and or/email addresses of Users by electronic or other means;

    (24) Use the MySuperBuilder Platform or the Task services in violation of this Agreement;

    (25) Use the MySuperBuilder Platform in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Company’s trade secret information for public disclosure or other purposes;

    (26) Attempt to circumvent the payments system or service fees in any way including, but not limited to, processing payments outside of the MySuperBuilder Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;

    (27) Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;

    (28) Cause any third party to engage in the restricted activities above.

  3. You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Communal Areas. MySuperBuilder will not be responsible for the action of any Users with respect to any information or materials posted in Communal Areas.

Intellectual Property Material

  1. All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively, “Intellectual Property Material”) that Users see or read through the MySuperBuilder Platform is owned by MySuperBuilder, excluding User Generated Content, which Users hereby grant MySuperBuilder a license to use. Intellectual Property Material is protected in all forms, media and technologies now known or hereinafter developed. MySuperBuilder owns all Intellectual Property Material, as well as the coordination, selection, arrangement and enhancement of such Intellectual Property Materials. The Intellectual Property Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the MySuperBuilder Platform without MySuperBuilder ’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Intellectual Property Material, other than as permitted therein, is expressly prohibited without the prior permission of MySuperBuilder and, if applicable, the holder of the rights to the User Generated Content.

  2. The service marks and trademarks of MySuperBuilder, including without limitation MySuperBuilder and the MySuperBuilder logos, are service marks owned by MySuperBuilder. Any other trademarks, service marks, logos and/or trade names appearing via the MySuperBuilder Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

Intellectual Property and Copyright complaints

  1. MySuperBuilder respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the MySuperBuilder Platform infringe upon your copyright or other intellectual property right, please send the following information to MySuperBuilder’s Copyright Agent at: MySuperBuilder, 1 Whites Croft, Leadenhall, Milton Keynes, MK6 5LG, United Kingdom.

    (1) A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the MySuperBuilder Platform where the material that you claim has been infringed is located. Include enough information to allow MySuperBuilder to locate the material, and explain why you think an infringement has taken place;

    (2) A description of the location where the original or an authorised copy of the copyrighted work exists - for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;

    (3) Your address, telephone number and e-mail address;

    (4) A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;

    (5) A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and

    (6) An electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.

Confidential Information

  1. You acknowledge that Confidential Information (as defined) is a valuable, special and unique asset of MySuperBuilder and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the MySuperBuilder Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorised employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall promptly notify MySuperBuilder in writing of any circumstances that may constitute unauthorised disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorised disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to MySuperBuilder upon termination of this Agreement for any reason whatsoever.

  2. The term “Confidential Information” shall mean any and all of MySuperBuilder ’s trade secrets, confidential and proprietary information, and all other information and data of MySuperBuilder that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to Company or Company’s business, operations, or properties, including information about Company’s staff, Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

Disclaimer

  1. The MySuperBuilder Platform is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. MySuperBuilder makes no warranties or representations about the accuracy or completeness of the content provided through the MySuperBuilder Platform or the content of any sites linked to the MySuperBuilder Platform and assumes no liability or responsibility in contract, warranty or in tort for any

    (1) errors, mistakes, or inaccuracies of content,

    (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the MySuperBuilder Platform,

    (3) any access to or use of our secure servers and/or any and all Personal Information and/or Financial Information stored therein; and

    (4) events beyond our reasonable control. MySuperBuilder does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the MySuperBuilder Platform or any hyperlinked website or featured in any banner or other advertising, and MySuperBuilder will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, MySuperBuilder and Affiliates do not warrant that access to the MySuperBuilder Platform will be uninterrupted or that the MySuperBuilder Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the MySuperBuilder Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Task, service, information or materials provided through or in connection with the use of the MySuperBuilder Platform. MySuperBuilder and Affiliates are not responsible for the conduct, whether online or offline, of any User. MySuperBuilder and Affiliates do not warrant that the MySuperBuilder Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites.

  2. Notwithstanding any feature a Client may use to expedite MySuperBuilder selection, each Client is responsible for determining the Task and selecting their Tasker and MySuperBuilder does not warrant any goods or services purchased by a Client and does not recommend any particular Tasker. MySuperBuilder does not provide any warranties or guarantees regarding any Tasker’s professional accreditation, registration or license.

  3. In addition, no individual or entity shall be a third party beneficiary of these Terms. These Terms are solely for the benefit of the parties to this Agreement and are not intended to and shall not be construed to give any person or entity other than you any interest, remedy, claim, liability, reimbursement, claim of action or any other rights (including, without limitation, any third party beneficiary rights), with respect to or in connection with any agreement or provision contained herein or contemplated hereby.

Liabilities

  1. You acknowledge and agree that MySuperBuilder is only willing to provide the MySuperBuilder Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold MySuperBuilder and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the MySuperBuilder Platform, including without limitation any liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by MySuperBuilder and Affiliates and any destruction of your User Generated Content.

  2. Under no circumstances will MySuperBuilder and Affiliates or their corporate partners be liable for any direct, indirect, incidental, actual, consequential, economic, special or exemplary damages (including but not limited to lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, failure to store any information or other content maintained or transmitted by MySuperBuilder, or the cost of substitute products or services) arising in connection with your use of or inability to use the MySuperBuilder Platform or the Task services, even if advised of the possibility of the same.

  3. MySuperBuilder and Affiliates expressly disclaim any liability that may arise between Users of the MySuperBuilder Platform. MySuperBuilder and Affiliates also do not accept any liability with respect to the quality or fitness of any work performed via the MySuperBuilder Platform.

  4. If, notwithstanding the foregoing exclusions, it is determined that MySuperBuilder and Affiliates or their corporate partners are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Company during the six (6) months prior to the time such claim arose, to the extent permitted by applicable law.

  5. 45. Regardless of any other provision in this Agreement, nothing in these Terms of Service excludes or limits liability for:

    (1) death or personal injury caused by MySuperBuilder’s negligence;

    (2) fraud or fraudulent misrepresentation; or

    (3) any other liability that, by law, may not be limited or excluded.

Release

  1. The MySuperBuilder Platform is only a venue for connecting Users. Because MySuperBuilder is not a party to or otherwise involved in the actual contract between Users or in the completion of the Task, in the event that you have a dispute with one or more Users, you hereby release MySuperBuilder and Affiliates and their corporate partners from any and all claims, demands, damages (including direct, indirect, incidental, actual, consequential, economic, special, or exemplary), expenses, losses, governmental obligations, suits and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

Indemnification

  1. You hereby agree to indemnify, defend, and hold harmless MySuperBuilder and Affiliates, and their successors and assigns (the Indemnified Parties”) from and against any and all direct claims, demands, and damages, including reasonable attorney’s fees and costs, incurred in connection with

    (i) your use or inability to use the MySuperBuilder Platform or MySuperBuilder Services,

    (ii) your breach or violation of this Agreement

    (iii) your violation of any law, or the rights of any User or third party

    (iv) any content submitted by you or using your account to the MySuperBuilder Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. MySuperBuilder reserves the right, in its own sole discretion, to assume the exclusive defence and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of MySuperBuilder.

  2. You hereby agree to indemnify, defend, and hold harmless MySuperBuilder and Affiliates, and their successors and assigns (the Indemnified Parties”) from and against any and all direct claims, demands, and damages, including reasonable attorney’s fees and costs, incurred in connection with

    (1) your use or inability to use the MySuperBuilder Platform or MySuperBuilder Services,

    (2) your breach or violation of this Agreement

    (3) your violation of any law, or the rights of any User or third party

    (4) any content submitted by you or using your account to the MySuperBuilder Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. MySuperBuilder reserves the right, in its own sole discretion, to assume the exclusive defence and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of MySuperBuilder.

User Obligations to MySuperBuilder

  1. You shall indemnify us and keep us fully and effectively indemnified against all actions, claims, demands, damages, liabilities and corresponding costs and expenses we incur (including professional legal fees) arising out of the following:

    (1) Make sure that the area that needs attending to is accessible and safe (i.e. clear of all household items). Service Providers will not be able to start any work if they believe there is a health and safety risk, for example hazardous chemicals, asbestos or pest infestations.

    (2) If access has to be made to your property in order to carry out any works, the service providers will fill any holes and leave the surface level, but we will not replace the original surface or construction. Unless the service providers have been negligent, any redecoration or repair of damage that may be needed following the Service Provider’s work is your responsibility.

    (3) Your works/services will come with a 12 months’ warranty. This warranty does not cover damage whether accidental or intentional. This means that if any problems occur after the completion of the work and they are the result of any faulty workmanship, the service providers will remedy those problems at no further cost to the Client. Likewise, if any materials supplied by the Service Provider are faulty, Service Provider will replace them free of charge. The guarantee covers any additional work carried out, or additional materials provided, but only until the date that is 12 months from the original appointment. This does not affect your rights under the Consumer Rights Act 2015. Where the work involves a blocked drain, a boiler service or the flushing of a central heating system, or relates to pest control e.g. vermin, wasps or ants, the 12 months labour and parts guarantee is not applicable. Therefore, if you have any further blockages or problems with your boiler, flushings or pest infestations you'll need to pay for us to come and sort it out again. Service Providers will not remedy any problems where it relates to materials or parts you have provided.

    (4) any claims under an agreement or arrangement made between you and any Service Provider or other user of MySuperBuilder Platform.

    (5) any false, inaccurate, out of date or misleading Personal or Works details or other information provided by you which is entered on to our MySuperBuilder Platform.

    (6) any third party claims or actions against us arising out of you acting or omitting to do something in breach of this Agreement and Terms and Conditions or applicable local or international law; or

    (7) where we are joined into any legal action or proceedings brought by a Service Provider, MySuperBuilder Platform Users, regulatory body or other third party against you in relation to your alleged acts or omissions.

    (8) although the above indemnity shall not apply to the extent that a third party claim or action for which such indemnity is sought by MySuperBuilder would not have arisen but for our own negligence or wilful misconduct.

    (9) you have legal authority and capacity to request the works/services from Services Providers from MySuperBuilder Platform (and are not aware of any legal ruling, prohibition or order that could impact on your ability to do so);

    (10) Service providers will give you a time estimate for doing the works/services/goods. However, there may be circumstances outside of the Service Providers control that prevent them keeping to such timescales. Service Providers will contact you as soon as possible to inform you and will take steps to minimise the effect of the delay and rearrange the appointment with you.

    (11) you will not act in any way which in our reasonable opinion is likely to have an adverse impact on the operation of the MySuperBuilder Platform, Site or any Service Providers, other Users, Affiliates or the public in general;

    (12) you will take full responsibility for you (and your officers, employees, contractors or agents, building occupants) performing Works/services to MySuperBuilder Users/ Clients under a written contract;

    (13) you (and your employees, contractors or agents) will provide cooperation to MySuperBuilder Service Providers lawfully and in accordance with 'good industry practice' and laws;

    (14) if, at any time, we decide it is necessary to initiate an investigation into you in order to maintain the integrity of the MySuperBuilder Platform, you agree to obtain (without delay) up to date criminal background checks or such relevant information as we may reasonably request to assist such investigation.

        i) comply with all applicable anti-slavery and human trafficking laws, statutes, regulations and codes of practice from time to time in force, including the Modern Slavery Act 2015; and

        ii) have not been convicted of any offence involving slavery and human trafficking (and are not knowingly subject to any claim, investigation or proceedings alleging commission of such an offence). You also agree that from time to time you may be required by MySuperBuilder to provide further information or take such steps as may be reasonably required by us to verify or confirm the forgoing.

Dispute Resolution

  1. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and MySuperBuilder agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to our Company. Company’s address for such notice is Attention: Legal MySuperBuilder, 1 Whites Croft, Leadenhall, Milton Keynes, MK6 5LG, United Kingdom.

Applicable Law

  1. This Agreement and your use of the MySuperBuilder Platform shall be governed by English law, and any dispute regarding this Agreement or the use of the MySuperBuilder Platform will only be dealt with by the English courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

Our Relationship with you

  1. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

General Provisions

  1. Failure by MySuperBuilder to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and MySuperBuilder with respect to its subject matter and supersedes and governs any and all prior agreements or communications. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any provision of this Agreement is found to be partially or wholly invalid, illegal or unenforceable,

    (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or

    (2) if such provisions cannot be so modified or restructured, they shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions.

  2. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments:

    (1) to a parent or subsidiary,

    (2) to an acquirer of assets, or

    (3) to any other successor or acquirer. Any assignment in violation of this Section shall be null and void. This Agreement will inure to the benefit of MySuperBuilder, its successors and assigns.

Licensing

  1. MySuperBuilder does not oversee, monitor or supervise the posting, scoping or performance of Works. Accordingly, Clients must determine for themselves whether a Service Provider is suitably qualified to perform the specific Works/Services at hand. Clients may wish to consult their national or local requirements to determine whether certain Works/Services are required to be performed by a licensed professional.

Changes to this Agreement and the MySuperBuilder Platform

  1. MySuperBuilder reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service, Privacy Policy, and Happiness Pledge) and review, improve, modify or discontinue, temporarily or permanently, the MySuperBuilder Platform or any content or information through the MySuperBuilder Platform at any time, effective with or without prior notice and without any liability to MySuperBuilder.. Company will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the MySuperBuilder Platform. Your continued use of the MySuperBuilder Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. MySuperBuilder may also impose limits on certain features or restrict your access to part or all of the MySuperBuilder Platform without notice or liability.

Rights of Third Parties

  1. No terms and conditions are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Agreement.

Notices and Consent to Receive Notices Electronically

  1. You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically including without limitation by e-mail or by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.

  2. If you have any questions about these Terms of Service or about the MySuperBuilder Platform, please contact us by email at hello@MySuperBuilder.com or MySuperBuilder, 1 Whites Croft, Leadenhall, Milton Keynes, MK6 5LG, United Kingdom.