TERMS OF SERVICE
This Terms of Service (“Agreement” or “Terms”) specify the legally binding terms and condition that shall govern your usage of our website and the services thereof. You are requested and required to read these terms carefully before using the website and services offered by www.serveez.co.uk [hereinafter “Serveez”, “our website”]. We have incorporated by reference all linked information.
You expressly agree that by using the website in any manner or mode, including but not limited to visiting or browsing the website, you (the “user”) consent to be bound by these terms including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms are applicable to all users of the Site, including without limitation users who are consumers or their representatives or any visitor to the site who uses the site for any commercial reason in relation to information and other materials or services on the Site.
We reserve the right to change the terms and conditions at any time at our discretion and you agree to be bound by the amended terms. You are advised to keep checking the terms regularly. If our website makes a material change, we will notify you here, by email, by means of a notice on our home page, or other places our website deems appropriate. What constitutes a “material change” will be determined at www.serveez.co.uk’s sole discretion, in good faith, and using common sense and reasonable judgment.
1.1 “Agreement” shall mean this service agreement between the Parties, subject to the terms and conditions of providing Services, attached appendices or other documents incorporated in these terms and conditions.
1.2 “Account” means the post-registration account that you will be provided with us to manage your activities with us.
1.3 “Customer” means an individual/Company who book a service deal / special offers on our site.
1.4 “Service provider” means an individual/company that listed the service deal . special offer.
1.5 “Offer” means a service deal / special offer that is posted and managed by a customer on the website.
1.6 “Serveez”, “we”, “our website”, “our”, or “us” means www.serveez.co.uk with official address .
1.7 “Bid” means the proposal such as time and cost to complete the job by the Service Provider to the customer’s job offer.
1.9 “Website” shall mean the websites operated by us and available at: www.serveez.co.uk .
“Customer” and “Service Provider” shall collectively referred to as “user” or “you” or “your”.
2.1 The official language of these terms shall be English.
2.2 The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
2.3 In case there exists a machine readable version of this agreement, arises a conflict with the human readable version, the later shall prevail.
- ACCOUNT ELIGIBILITY:
3.1 To use Site Services, you must register for an Account. Serveez offers the individual or businesses to find suitable service provider for their posted jobs. In order to post a job, the customer will have to register with us and the service provider offering to complete the task shall also have to register with us by providing us a username, email address and service type.
3.2 If Service Provider accepts and/or bids on any independent contractor work, service provider must have, and represent that he has, an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation or other entity).
3.3 To register for an Account, you must be a legal entity or an individual 18 years or older who can form legally binding contracts. When you register for an Account, you also must agree to the terms of this Agreement. By registering for an Account, you agree to: (a) abide by this Agreement and the processes, procedures, and guidelines described on the Site; (b) be financially responsible for your use of the Site and the availing and/or delivery of Service Provider services; and (c) perform your obligations as specified by any Service Contract that you accept, unless such obligations are prohibited by applicable law or this Agreement.
3.4 Serveez reserves the right, in our sole discretion, to refuse, suspend, or terminate your access to the Site and Site Services upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or complete, or otherwise violates this Agreement, or for any other reason or no reason in Serveez’s sole discretion.
3.5 You agree that you are not: (a) a citizen or resident of a geographic area in which access or use of the Site is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to sanctions or embargoes;
- ACCOUNT REGISTRATION:
4.1 You agree to provide true, accurate, and complete information on all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You must not provide misleading information about your location. You must not register for more than one Account unless and until you seek express written permission from us.
4.2 You are required to keep your account details secure. You shall assume absolute and sole liability for all activity, liability and damage resulting from your failure to maintain account detail confidentiality and secrecy. You agree to immediately notify us of any unauthorized use of your account or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your account details secure. You agree not to provide your account information to any other party other than Serveez without Serveez’s express written permission.
4.3 You shall not transfer or sell your Serveez account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the respective entity to this Agreement.
- PURPOSE OF THE WEBSITE:
The Site is a marketplace where Service Providers and Customers can identify each other and offer and sell Services online. Subject to the terms of this Agreement, Serveez provides the Site Services to Service Providers and Customers, including hosting and maintaining the Site, enabling the formation of Service Contracts. If a service provider and customer agree on terms of the Services, a Service Agreement is formed directly between such service provider and customer, subject to the provisions set forth in Section 6 (Relationship Between Service provider and customer).
- RELATIONSHIP BETWEEN SERVICE PROVIDER AND CUSTOMER:
6.1 Service provider and customer acknowledge and agree that once the customer accept a service booking, pay the booking deposit and the service provide accept the booking then service provider and customer will be deemed to have entered into a “Service Agreement”.
6.2 The relationship between the service provider and customer is that of an independent contractor.
- PAYMENT TERMS:
7.1 Posting/Listing of deals/special offers, related “offer requirements” is currently free with unless stated otherwise.
7.2 The price agreed between the Service Provider and the customer, will be paid directly by the Customer to the Service Provider.
7.3 The customer is required to pay a percentage to book service listed on our site currently 10% of total listed price, the customer will pay the outstanding balance of 90% of listed price directly to the service provider
7.4 The Customer must pay the booking deposit to proceed further and book the service deal on the acceptance of the Service Agreement.
7.4 We will not collect any other payment on behalf of the service provider
7.5 We use Stripe.com to process all credit card payments. We also have an SSL through Rapid SSL (The Secure Socket Layer (SSL) and PayPal
7.6 All payment disputes must go through stripe.com or PayPal
7.7 Unless otherwise stated, all fees are quoted in Pounds.
- RULES FOR SERVICE PROVIDER:
8.1 Service provider shall:
- Honor Service Agreement formed with the customer.
- Provider the services in a timely manner and of the best quality for which the payment has been accepted; and
- Include all taxes, including any due VAT for all of the Services Provided.
8.2 Service Provider shall not:
- Significantly misrepresent their Services by not meeting the Terms and services description outlined in the bid;
- Refuse to accept payment for a Service once their bid is accepted;
- Attempt to contact customer directly or make their business entity or contact information available to customer by the use of photographs, images, texts or logos. In the event of a customer bypassing the website or placing fabricated bids in attempt to avoid website fees, Serveez reserves the right to charge the equivalent to what the fee should have been based on the Agreement amount. If no bid has been placed or price agreed, Serveez will have rights to determine the deposit/ fee price based on Serveez market value. In addition Serveez reserves the rights to charge 10 GBP as administration fee on all transactions.
- RULES FOR CUSTOMER:
9.1 Customer shall not:
- PAYYMENT GATEWAYS:
You expressly agree and acknowledge that we may employ or collaborate with third party payment gateways using secure SSL connections in order to facilitate, distribute, transact and receive payments for the services offered and received on or through this website. We reserve the right to change or replace the payment gateway on our sole discretion without any reservation whatsoever. We do not store your bank information with us and everything is completed through secure third party payment gateways and at no point of time we assume any liability for any loss of data or wrongful payment or invalid payment processing by such a third party. You agree that you will hold us harmless against any such dispute or legal claim.
- USAGE AND CONDUCT REQUIREMENTS:
11.1 Serveez expects and requires the user to refrain from:
- a) Post content, offers or items in inappropriate categories or areas on our websites and services;
- b) Violates any laws or statutes, third party rights or our policies.
- c) Fail to transfer payment for services delivered to you unless there has been substantial and material change in the services offered and services delivered.
- d) Neglect, misuse, circumvent or manipulate our fee structure, the billing process, etc.;
- e) Post wrong, incorrect, false, inaccurate, misleading, defamatory or offensive content (including personal information);
- f) Take any action that may harm or interrupt or undermine the feedback or reputation systems.
- g) Transfer, including rent, sell or delegate your account (including feedback) and Username to another party without our consent;
- h) Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- i) Distribute malwares, pirated or fake software, viruses or any other technologies that may harm us, the Website, or the interests or property of Serveez users (including their Intellectual Property Rights, privacy and publicity rights)
- j) Post any content that is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- k) Download, aggregate or use our listings from our website for display with listings from other websites without our express written permission, “frame”, and “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authority.
- l) Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Serveez Website;
- m) Attempt to print, copy, modify or distribute rights or content from the Serveez Website or Serveez’s copyrights and trademarks;
- n) Harvest or otherwise collect information about Users, including email addresses, without their consent.
- o) Sell the user information, our employee list or our proprietary information without our consent.
- INTELLECTUAL PROPERTY RIGHTS:
12.1 Serveez, and other Serveez graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade address of Serveez in United Kingdom and other countries.
12.2 Serveez trademarks and trade address may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any service in any manner that is likely to cause confusion.
12.3 You agree that we may display your company or business name, logo, images or other media, and public description of your Projects/jobs and profile as part of the Serveez Services and/or other marketing materials relating to the Serveez Website, except where you have explicitly requested that we do not do this and we have agreed to such request.
12.4 You agree that whatever content you post on the website except for your registered trademark or registered trademark or proprietary material of others with their permission, shall become the sole property of the website without any reservation unless if we have agreed to such reservation in writing.
12.5 Any infringement of our intellectual property rights will be dealt strongly by our legal team. You are bound by terms to notify us of any such infringement as soon as you come to notice it
12.6 If you believe that you have information that something posted in our website infringes your IP rights or IP rights of a third party, please inform us at firstname.lastname@example.org
13.1 We may, at any time and without notice, suspend, cancel, or terminate your right to use the Site (or any portion of the Site). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Site affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
13.2 We may close, suspend or limit your access to your Account:
- a) if we determine that you have breached, or are acting in breach of, this Agreement;
- b) if you under-bid on any Project in an attempt to renegotiate the actual price privately, avoiding fees;
- c) if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
- d) if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- e) you do not respond to account verification requests;
- f) you do not complete account verification when requested within 3 months of the date of request;
- g) to manage any risk of loss to us, a User, or any other person; or
- h) For other similar reasons.
13.3 Without limiting our other remedies, to the extent you have breached this Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
13.4 In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
- CLOSING YOUR ACCOUNT:
We allow you to close your account with us if you send us a request for the same at email@example.com. However, you must not have any outstanding payment, dispute, listing or any other matter unresolved with us or third parties through our website.
- RESOLUTION OF DISPUTES AND JURISDICTION:
15.1 Disputes with Serveez:
- a) Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in England, United Kingdom using the English language in accordance with the United Kingdom Arbitration Rules and Procedures then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of arbitrators in accordance with the Arbitration Rules and Procedures of United Kingdom.
- b) The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith.
- c) Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
- d) Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
- e) For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United Kingdom or state courts located in England, United Kingdom.
- f) Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Serveez agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
15.2 Disputes with Users or Third Parties:
- a) In the event a dispute arises between Service Provider and Customers or a third party, we encourage you to contact each other to resolve the dispute amicably. We are marketplace that merely redirects Customers to the actual Service Provider or its place of business and the Service Provider provide services to you. We are in no way endorsing or supporting any Service Provider and we act as a mere venue.
We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to the Website, your Account or the Serveez Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities). You are solely responsible for securing your account details. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your account details.
- NO INSURANCE:
You expressly agree that Serveez does not offer any insurance or guarantee as to the claims, offers and services offered by the customers or the service provider on our website or the payment details of either party.
- NO WARRANTY AS TO THE IDENTITY OF THE USER:
18.1 We take reasonable precautions and follow best industry practices to gather maximum possible accurate information about the identity of the users on our website. However, we must inform you that it is highly difficult for us to verify each and every user. While we try our best, we EXPRESSLY state that we do not provide any warranty as to the real identity or all other personally identifiable information about the user. We may display user information such as the credibility score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.
- NO WARRANTY AS TO THE WEBSITE CONTENT:
19.1 The website content hosted on the website is subject to change as and when required without any prior notice. We do not expressly and impliedly regulate the information posted on our website by third parties or users. You agree that while some information posted on the website by the third party users may be offensive, harmful, inaccurate or misleading or mislabeled or deceptively labeled, the website is not liable or associated with the same in any way.
19.2 You agree that the operation of the website is a complex task and due to some human or accidental error we may put some content on the website which may be considered offensive, harmful, inaccurate or misleading or mislabeled or deceptively labeled. You agree that you will notify us to remove such content instead of taking any legal recourse.
19.3 Our Services, the Website and all content on it are provided on an ‘as is’, ‘with all faults’ and ‘as available’ basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about the content, service, products, services, security, privacy of data or any other matter incidental to the website or its operation other than the liability incurred due to negligence of our employees.
- EXPRESS RELEASE:
You expressly agree to release us [including our directors, agents, officers, employees, affiliates and subsidiaries] from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your disputes with other users or third parties through or on our website.
Any notices must be given by postal mail to Serveez;
Attn: Legal Department.
In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Serveez may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Serveez. In such case, notice shall be deemed given three days after the date of mailing.
- SERVEEZ SERVICE AND GUARANTEES:
Serveez reserves the right to modify or terminate the Serveez service for any reason, without notice, at any time. We also reserve the right to sell, alter, transfer or delegate our rights under this agreement to anyone without any prior notice to you. Serveez does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Serveez control.
- CHOICE OF LAW:
This Agreement shall in all respects be interpreted and construed with and by the laws of United Kingdom.
- FOREIGN JURISDICTION:
The services of Serveez are available globally. By agreeing to our policy, you warrant that it is completely legal to use our services and website in your country. It is the duty of the user to verify any potential violation. The user agrees to indemnify us or sister companies, employees, agents or any related individual or organization for any liability it might incur in a foreign jurisdiction. Our services shall not be deemed to constitute an offer to sell or serve in countries where it is illegal to do so. We reserve the right to monitor the location from which you access the Site and to block access from any jurisdiction in which participation is illegal or restricted
- NO LIABILITY
25.1 In no event shall Serveez, and (as applicable) Serveez subsidiaries, officers, directors, employees or Serveez suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, Serveez services, or this agreement, including without limitation, Service Provider providing false information about qualifications, skills or experience, Service Provider deliver the Service, the customer failing to pay the agreed price to Service Provider, any harm to the Service Provider or any associate during or after delivering the Service, any damage to the Service Providers tools, vehicle during or after delivering the Service, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
You agree to indemnify and hold Serveez and (as applicable) Serveez parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- FORCE MAJURE:
We maintain that we shall not be held liable for any failure or departure from any obligation or promise mentioned in these terms or any of our policies which has happened due to circumstances beyond our reasonable control which includes but is not limited to natural disasters like flood, earthquake, acts of god, war, terrorism, religious and other riots, economic and technological embargoes etc.
If any portion of this Agreement is deemed void or unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of the remaining provisions.
The provisions of the Agreement which expressly or by their nature should survive termination of the Agreement shall survive such termination unless adjudged otherwise by the competent courts. .
- NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
- DIGITAL SIGNATURE:
This Standard Clause provides that parties may authenticate the agreement with an electronic signature. Each party agrees that the electronic signatures whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same legal force and effect as manual signatures.
Electronic signature means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or e-mail electronic signatures.
- ENTIRE AND UNMODIFIED AGREEMENT:
The Agreement, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement between you and the Site and cannot be modified by you. The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Site. Nothing in this subsection will prevent the Site from modifying the terms of these Terms of Service and posting such modifications on the Site.
- CONTACT US:
We are always there to help you at firstname.lastname@example.org. You can send us notices or any other communication