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TERMS AND CONDITIONS OF SERVICE

Terms and conditions for Members

Acceptance

By using the Service offered through this Website or any of its sub-domains, you are bound by the terms and conditions as set out below. In the event that you use our main domain, www.onlinetradesmen.ie you will also be subject to the terms of that website. In the event that you do not agree to be bound by these terms and conditions, you may not use or access our Service.

Key Definitions


"Company", "Onlinetradesmen" ("us", "we", "our" and "ours") means Feely Consulting Limited, and Irish registered company registration No. 331220 with registered offices at Unit 14, Churchtown Business Park, Dublin 14, Ireland.
"Website" means the website Onlinetradesmen.ie and all the pages, content and sub-domains contained therein.
"Service" means any service that is provided by the Company to Users
"Users", "You", means anyone making use of the Company Services.
"Members", "Tradesmen", "Trade Professionals" means any individual or business who registers on the Website in order to reply to jobs posted by Customers.
"Customers", "Hiring Party" means any person who submits or publishes a job on the Website for Trade Professionals to quote on.
"Job" means a job/project submitted by a customer via our service.
"Job Lead", is a Job that is submitted by a customer and made available for Members to reply to. 
The Onlinetradesmen Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Onlinetradesmen Web Site constitutes your agreement to all such terms, conditions, and notices.

Modification of these terms of use

Onlinetradesmen reserves the right to change the terms, conditions, and notices under which the Onlinetradesmen Web Site is offered, including but not limited to the charges associated with the use of its websites. It is your responsibility to access such changes in this section. Any significant changes in terms will be communicated to Members by email.


Overview of your commitments 

As a Member of the Onlinetradesmen service you will have signed a legally binding membership contract enforcing the terms of service as outlined below subject to our modification statement above. For your convenience in this section we summarised below your main commitments under this agreement for your benefit. We recommend that you also read the service full terms and conditions as outlined below.

 

By entering into our membership contract and using the Onlinetradesmen service:

  • You agree to be fully bound by all terms and conditions of the OnlineTradesmen service and conditions of membership as outlined below. 
  • You understand that you need to submit formal proof of your trade qualifications or trade body membership before you can reply to jobs.
  • You agree to pay all monies due as outlined in the subscription detail section of this document and in accordance with the terms and conditions of service. 
  • You acknowledge that your membership term is 12 months from your joining date and will automatically renew thereafter unless cancelled in line with service terms and conditions.
  • You agree to keep all your payment details up-to-date for the term and to manually manage your service add-ons through your online account. 
  • You acknowledge that it is your responsibility to login, review and reply to jobs that are of interest to you and to maintain your account in accordance with our recommended best practice.
  • You acknowledge and agree to to our data privacy policy 

CONDITIONS OF MEMBERSHIP:

1. You warrant that all the information that you have provided to Onlinetradesmen during the registration process is both true and accurate.

2. You warrant that you have sufficient insurance cover and capabilities to provide all the services which you offer via the Onlinetradesmen service. Furthermore you warrant that you are registered as self-employed or as a business for income tax purposes with the Revenue Commissioners of Ireland and are in full compliance with the tax laws of Ireland

3. You warrant that you will only respond to job leads provided by the Onlinetradesmen service for which you are fully qualified, skilled, able and available to complete in full and to the satisfaction of the property owner who hires you.

4. You warrant that all initial pricing estimates that you provide to property owners via Onlinetradesmen are consistent with your final invoice rates for the scope of work provided and include all relevant tax amounts. 

5. You warrant that you will not avail of either Jobseekers benefit or Jobseekers allowance payments from the Department of Social Protection while undertaking jobs sourced via Onlinetradesmen.

6. You warrant that your usage of the Onlinetradesmen service, including but not limited to responding to job leads, is solely for the purpose of you and/or your company, that you are not representing an employment agency and that will not sub-contract, hire or delegate work to any other third parties not registered with Onlinetradesmen.

7. You fully accept that any contracts, agreements or revenue resulting from the use of the Onlinetradesmen service are solely between you and the hiring party and you fully indemnify Onlinetradesmen from all liability and responsibility therein.

8. You fully indemnify Onlinetradesmen, its suppliers and third party partners from all liability, whether it be direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Onlinetradesmen web site or service. Furthermore the you fully indemnify Onlinetradesmen, its suppliers and third party partners in the same manner for any delay or inability to use the Onlinetradesmen web site, or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics or data obtained through the Onlinetradesmen web-site directly or arising out of the use of the Onlinetradesmen web site.

9. You agree to Onlinetradesmen contacting you via email, SMS, direct mail or telephone in relation to third party products or offers from Onlinetradesmen's partners that may be of interest to you.

10. In the event of a serious complaint being received against you or your company in relation to work sourced through Onlinetradesmen you agree to co-operate fully with Onlinetradesmen in investigating the validity of the complaint. Where no such co-operation is forthcoming or where a complaint is upheld without a satisfactory plan to rectify the source of the complaint being received from you, then you agree that Onlinetradesmen can take action which may result in your expulsion from the Onlinetradesmen service without refund of your subscription. Onlinetradesmen undertakes to follow a defined procedure in investigating such complaints which it deems to be both fair and transparent.

11. You fully accept that by becoming a member of Onlinetradesmen you are agreeing to make your member profile freely available to members of the public to contact you either directly or via your member website. You also agree that as a member you will feely accept online ratings from members of the public on your performance (or that of your business) in providing services to them and understand that these ratings will be published on your member website for public access. You understand and accept that Onlinetradesmen is in no way responsible for any communications received either directly or through your member websites or for any customers ratings published on your member website and, as per point 8 above, you fully indemnify Onlinetradesmen from any damages that occur as a result. You also agree that, subject to our data privacy policy, all information deemed to be in the public interest, including but not limited to your business name and customer ratings, will remain on your member website for public access even after the termination of your subscription with our service. 

12. 

You acknowledge and agree to Onlinetradesmen's data privacy policy 


PAYMENT OF SUBSCRIPTIONS AND ADD-ON SERVICES:

1. You agree to pay all subscription and add-on service amounts in advance for each membership term using an authorised payment such as a valid credit card, debit card or other method as agreed with Onlinetradesmen.

2. You agree that you are entering into a legally binding contract with Onlinetradesmen for its services and that all subscription fees and add-on service fees are payable in full as specified for your chosen subscription plan and service add-ons. Furthermore you acknowledge that failure to pay any outstanding subscription amounts due to Onlinetradesmen may result in your details being passed on to an appointed third party collection agency for the sole purpose of recovering amounts due by you to Onlinetradesmen in addition to all costs incurred by Onlinetradesmen in collecting overdue payments from you. 

3. You agree that your subscription to Onlinetradesmen is for a full term of 12 months from the initial payment date. Where you have chosen a subscription with quarterly installments you agree that installments will automatically be charged on the each of the installment due dates for your account which are normally on the first day of your membership and thereafter every three calendar months from the previous installment payment date for the duration of your membership term.  Where you have chosen a subscription with an annual up-front payment you agree that full payment will the charged upon the commencement of your subscription. You acknowledge that all subscriptions will automatically renew upon the anniversary of your membership term unless you cancel your account in full accordance with our cancellation policy as documented below

4. You permit Onlinetradesmen to charge your credit or debit card all appropriate membership subscription amounts and additional service add-on fees for the duration of your membership as outlined in this agreement. Furthermore you agree to fully reimburse Onlinetradesmen in full for any additional charges or fees that it incurs in collecting overdue payments from you as a result of declined credit card payments, charge backs, late payments or for any other declined or delayed payment reason.  

5. You agree to ensure that all your account payment details such as your credit and debit card information are maintained as valid at all times during your membership term to facilitate all recurring payments on your account.


CANCELLATION POLICY:

1. You agree that active subscriptions cannot be cancelled during a subscription term except for as outlined in section 3 of our cancellation policy below and that Onlinetradesmen cannot provide a refund for any unused subscription term.  

2. You accept that in order to cancel the automatic renewal of a subscription term it is your sole responsibility to notify Onlinetradesmen at least 5 business days prior to the expiry of your existing subscription period. For the avoidance of doubt only notifications sent by email to [email protected] with the subject heading 'SUBSCRIPTION CANCELLATION' 

3. Where you have entered into a quarterly subscription plan you may cancel your subscription within the first 30 days of your contract by following the procedure as outlined in section 2 of our cancellation policy. You fully accept that outside the first 30 days of your subscription period that that no further cancellations are possible and that you are legally bound to pay all instalments due in full for the duration of your subscription term in accordance with this agreement. Cancellations are not available on annual subscription plans save for as outlined in section 2 of our cancellation policy above.  

4. Add-on services are provided on an as-is basis on your account. By default your account will be setup with a SMS add-on to provide you job leads alerts by SMS which will automatically renew after your SMS balance has been diminished. You acknowledge and accept that this will incur an additional service add-on charge to your account. You can cancel this service at any time during your membership term by sending an email to [email protected] with the subject heading 'SMS CANCELLATION.'  


CONDITIONS OF OUR WORK GUARANTEE

Onlinetradesmen provides members with a work guarantee that they will win work equal or greater to the value of their annual subscription payments for the first year of membership. You hereby acknowledge that this guarantee is subject to each of the following conditions being met by you from the commencement of your subscription term onwards:

  1. You adhere at all times to the general service terms and conditions for members as outlined within this document. Any breaches of these terms will render the work guarantee null and void.

  2. You set up and maintain your member website as per the instructions outlined by the Onlinetradesmen support team and best practices to include the publication of professional content about your business, your trade experience and qualifications in addition to the publication of current photos of your work along with accompanying descriptive text. At least 1 new photo per month must be added to your member website.    

  3. You submit professional replies via your Onlinetradesmen account to at least 50% of all job leads made available to you through the service during the 12 month term. For the avoidance of doubt a professional reply is deemed to include a personalised message to a property owner along with a specific start date and, where possible, an accurate pricing estimate for the job.

  4. You receive at least 1 verified rating for your business every 2 months of your membership term from individual property owners who have hired you through the service and have used the service ratings portal as provided. Ratings from third party services, related parties or other non-verified rating sources will not be accepted.

  5. Your subscription installments are up-to-date and have not been broken for any period during the term.

The Onlinetradesmen work guarantee is only valid for the first 12 month subscription term and cannot be claimed for any further subscription periods. All claims under the work guarantee must be made in writing to the Onlinetradesmen membership team through the contact section of your member account. Claims can only be made upon the completion of your first 12 month term and only where all subscription payments are fully paid up. Claims must be submitted within 14 days upon the completion of your first 12 month term on our service. 

All claims must include substantiating documentation to prove that revenue earned from the service has not equaled cumulative subscription payments for the 12 month term and are subject to assessment by the membership team.

Guarantee refunds amounts apply to net cumulative membership subscription payments only for the initial 12 month term and do not include any additional payments for service add-ons, services or other payments to our company.

Successful claims will be paid out to you within 30 days of the final claims decision and will be only credited to the payment record on file with the company.

LINKS TO THIRD PARTY SITES

The Onlinetradesmen Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Onlinetradesmen and Onlinetradesmen is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Onlinetradesmen is not responsible for web casting or any other form of transmission received from any Linked Site. Onlinetradesmen is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Onlinetradesmen of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Onlinetradesmen Web Site, you warrant to Onlinetradesmen that you will not use the Onlinetradesmen Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Onlinetradesmen Web Site in any manner which could damage, disable, overburden, or impair the Onlinetradesmen Web Site or interfere with any other party's use and enjoyment of the Onlinetradesmen Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Onlinetradesmen Web Sites.

USE OF COMMUNICATION SERVICES
The Onlinetradesmen Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Onlinetradesmen has no obligation to monitor the Communication Services. However, Onlinetradesmen reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Onlinetradesmen reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Onlinetradesmen reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Onlinetradesmen's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Onlinetradesmen does not control or endorse the content, messages or information found in any Communication Service and, therefore, Onlinetradesmen specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Onlinetradesmen spokespersons, and their views do not necessarily reflect those of Onlinetradesmen.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO ONLINETRADESMEN OR POSTED AT ANY ONLINETRADESMEN WEB SITE

Onlinetradesmen does not claim ownership of the materials you provide to Onlinetradesmen (including feedback and suggestions) or post, upload, input or submit to any Onlinetradesmen Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Onlinetradesmen, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Onlinetradesmen is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Onlinetradesmen's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.


LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ONLINETRADESMEN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITES AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ONLINETRADESMEN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE onlinetradesmen.ie WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ONLINETRADESMEN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONLINETRADESMEN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ONLINETRADESMEN WEB SITE, WITH THE DELAY OR INABILITY TO USE THE ONLINETRADESMEN WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ONLINETRADESMEN WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ONLINETRADESMEN WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ONLINETRADESMEN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ONLINETRADESMEN WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE onlinetradesmen.ieWEB SITE.

SERVICE CONTACT : [email protected]

TERMINATION/ACCESS RESTRICTION

Onlinetradesmen reserves the right, in its sole discretion, to terminate your access to the websites and the related services or any portion thereof at any time, without notice or reason.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the Ireland and you hereby consent to the exclusive jurisdiction and venue of courts in Ireland in all disputes arising out of or relating to the use of the Onlinetradesmen Web Site. Use of the Onlinetradesmen Web Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Onlinetradesmen as a result of this agreement or use of the Onlinetradesmen Web Site. Onlinetradesmen's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Onlinetradesmen's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Onlinetradesmen Web Site or information provided to or gathered by Onlinetradesmen with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Onlinetradesmen with respect to the Onlinetradesmen Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Onlinetradesmen with respect to the Onlinetradesmen Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Websites are the Copyright of Onlinetradesmen and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved


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