Wedding Bidder

Welcome to Wedding Bidder!

Our platform connects couples planning their weddings to suppliers of wedding-related services.

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the Wedding Bidder platform and marketplace (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Wedding Bidder LTD being a company incorporated in England and Wales with registered office address at 20 Chamberlain Street, Wells, Somerset, United Kingdom, BA5 2PF and with company number: 15844137 (Wedding Bidder, the Company, we or us).

The remainder of this agreement is divided into three parts:

Part A (All Users), which sets out terms that apply to all Users;
Part B (Service Providers), which sets out additional terms that apply to Service Providers, being Users who bid to supply services to Customers; and
Part C (Customers), which sets out additional terms that apply to Customers, being Users who lodge requests for services to be supplied by Service Providers.

If you intend to use the Platform as a Service Provider, only Part A and Part B of these terms will apply to you.

If you intend to use the Platform as a Customer, only Part A and Part C of these terms will apply to you.

When we talk about the "Services” in this agreement, we are referring to the services available through our website and any associated services we offer.

Part A All Users

1. ELIGIBILITY

This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
1. over the age of 18 years and accessing the Platform for personal use; or
2. accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then "you” or "User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2. ACCOUNTS

In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by the Company from time to time.
You warrant that any information you give to the Company in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
Once you complete the Account registration process, the Company may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
The Company reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
The Company may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

3. USER OBLIGATIONS

As a User, you agree:

not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify the Company of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
1. in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
2. in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by the Company;
not to act in any way that may harm the reputation of the Company or associated or interested parties or do anything at all contrary to the interests of the Company or the Platform;
not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of the Company;
that the Company may change any features of the Platform or Services offered through the Platform at any time without notice to you;
that information given to you through the Platform, by the Company or another User including a Service Provider, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
that the Company may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.

4. POSTED MATERIALS

4.1 WARRANTIES

By providing or posting any information, materials or other content on the Platform, including but not limited to requests for services and bids to provide services (Posted Material), you represent and warrant that:

you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
the Posted Material is accurate and true at the time it is provided;
any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
the Posted Material is not "passing off” of any product or service and does not constitute unfair competition;
the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
the Posted Material does not breach or infringe any applicable laws.

4.2 LICENCE

You grant to the Company a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for the Company to use, exploit or otherwise enjoy the benefit of such Posted Material.
If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release the Company from any and all claims that you could assert against the Company by virtue of any such moral rights.
You indemnify the Company against all damages, losses, costs and expenses incurred by the Company arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

4.3 REMOVAL

The Company acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, the Company may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
You agree that you are responsible for keeping and maintaining records of Posted Material.

5. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

The Company will have no liability or obligation to you if:

a Customer or Service Provider cancels at any time after the time for performance of the Service Bid is agreed; or
for whatever reason, including technical faults, the services in a Service Bid cannot be performed or completed, and you will not be entitled to any compensation from the Company.

6. IDENTITY VERIFICATION

(Verification) We may offer or require Users to verify their details (including details related to your business if you are a Supplier or signing up on behalf of a business for more information see Part B Clause 1) using our processes or an external identity verification service as applicable (Verification Service).
(Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 16.
Where a Verification Service is used, you acknowledge and agree that:
1. we may contact and share your personal information with a Verification Service to verify your details;
2. you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
(Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform.
(Warranty and Indemnity) You acknowledge and agree that:
1. we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User;
2. you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and
3. we do not endorse any User, Service Bid or Verification Service.

7. ONLINE PAYMENT PARTNER

We may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect payments on the Platform, including for our Services.
The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.
You agree to release the Company and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
Any fees incurred in the processing of payments by the Online Payment Partner are non-refundable.

8. SERVICE LIMITATIONS

The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that the Company cannot and does not represent, warrant or guarantee that:

the Platform will be free from errors or defects;
the Platform will be accessible at all times;
messages sent through the Platform will be delivered promptly, or delivered at all;
information you receive or supply through the Platform will be secure or confidential; or
any information provided through the Platform is accurate or true.

9. INTELLECTUAL PROPERTY

The Company retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including but not limited to text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from the Company or as permitted by law.
In this clause 9, "Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in the United Kingdom and throughout the world.

10. THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). The Company accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

11. THIRD PARTY TERMS

Any service that requires the Company to acquire goods and services supplied by a third party on behalf of the Customer (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.
Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing the Company to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.

12. DISPUTES BETWEEN USERS

You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to the Company via [insert preferred contact email/method here]. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
Any costs you incur in relation to a complaint or dispute will be your responsibility.
The Company has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
The Company reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
If you have a dispute with the Company, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
Notwithstanding any other provision of this clause 12, you or the Company may at any time cancel your Account or discontinue your use of the Platform.

13. SECURITY

The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

14. DISCLAIMER

(Introduction service) The Company is a medium that facilitates the introduction of Customers and Service Providers for the purposes of Customers requesting the provision of certain wedding related services and Service Providers bidding to be selected to provide those services. The Company simply collects a Service Fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Service Providers in relation to such services or otherwise resulting from the introduction. For the avoidance of doubt, the Service Fee is non-refundable, regardless of whether the services are successfully or satisfactorily delivered by the Service Provider to the Customer.
(Limitation of liability) To the maximum extent permitted by applicable law, the Company excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Service Provider. This includes the transmission of any computer virus.
(Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
(Indemnity) You agree to indemnify the Company and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
1. breach of any term of this agreement;
2. use of the Platform; or
3. your provision or receipt of Services from another User.
To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.

15. CONFIDENTIALITY

You agree that:

no information owned by the Company, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
all communications involving the details of other users on this Platform and of the Service Provider are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

16. PRIVACY

You agree to be bound by the clauses outlined in the Company’s Privacy Policy, which can be accessed here https://www.weddingbidder.com/privacy-policy

17. COLLECTION NOTICE

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

18. TERMINATION

The Company reserves the right to terminate a User’s access to any or all of the Platform (including any listings, memberships or Accounts) at any time without notice, for any reason.
In the event that a User’s Account is terminated:
1. the User’s access to all posting tools on the Platform will be revoked;
2. the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service bids or requests); and
3. the User may be unable to view the details of other Service Providers (including contact details, geographic details and any other details), and all service bids previously posted by the respective User will also be removed from the Platform.
Users may terminate their Account, and any other membership they hold in connection with the Platform, at any time by using the Platform’s functionality, where such functionality is available. Where such functionality is not available, the Company will effect such termination within a reasonable time after receiving written notice from the User.
Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

19. TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and the Company will not be held accountable in relation to any transactions between Customers and Service Providers where tax related misconduct has occurred.

20. RECORD / AUDIT

To the extent permitted by law, the Company reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving the Company.

21. NOTICES

A notice or other communication to a party under this agreement must be:
1. in writing and in English; and
2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
when replied to by the other party, whichever is earlier.

22. GENERAL

22.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

22.2 THIRD PARTY RIGHTS

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

22.3 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

22.4 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

22.5 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

22.6 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

22.7 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

22.8 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

22.9 INTERPRETATION

(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to "person” or "you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word "includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Part B Service Providers

1. ELIGIBILITY AND QUALIFICATIONS

If in any of your Service Bids or anywhere on your Account you hold yourself out to possess certain qualifications or certifications (Qualifications), you warrant to the Company that you do hold such Qualifications and if requested, will promptly provide the Company with evidence of the Qualifications.
You warrant that you are a bonafide business carrying out bonafide services and are capable of providing evidence of such, including where applicable business registration number, DUNS number, tax identification number and if requested, will promptly provide the Company with evidence of such.
You warrant that you have adequate business insurance, and if requested, will promptly provide the Company with evidence of such.
You warrant that you have all business licences including if applicable those related to health and safety, legally required to perform the services you offer in any Service Bids, and if requested, will promptly provide the Company with evidence of such.
You warrant that any testimonials you include or share via the Platform will be genuine and if requested, will promptly provide the Company with evidence of such.
You warrant that you will comply will all applicable data protection regulation in regard to your interaction with the Platform.
You must verify that any Customer is over 18 years old.

2. SERVICE REQUESTS

From time to time, the Platform may, using its algorithm, alert you to requests for services that have been submitted to the Platform by Customers (Service Requests). The Platform will generally alert you to Service Requests that are related to your areas of speciality in regard to the services you provide, though the Company does not guarantee this.
When the Platform alerts you to a Service Request, you will be able to view details of the specific services requested and submit a Service Bid (defined below), via the platform utilising the Service Request response form.

3. SERVICE BIDS

You acknowledge and agree that:

you will use your best endeavours to provide as much information as possible in any bid you submit to the Platform in response to a Service Request in which you offer to provide services (Service Bid);
the Company may choose not to accept any Service Bid you submit to the Platform, and the Company may limit the number of Service Bids you can submit to the Platform;
any information you supply in a Service Bids must be true, timely and accurate;
you will take all reasonable steps to complete the services as described in every Service Bid that is accepted by a Customer, including by not cancelling any part of such a Service Bid;
you will deal with any dispute with a Customer in accordance with clause of Part A;
any additional terms and conditions relating to a Service Bid, or a quote provided via the Platform, are solely between you and the relevant Customer and do not involve the Company in any way, except that they must not be inconsistent with your or the Customer’s obligations under this agreement; and
the Company will have no responsibility for the accuracy, reliability or timeliness of any Customer’s response to a Service Bid.

4. PROVISION OF SERVICES

You will ensure that all services specified in a Service Bid that is accepted by a Customer are provided:
1. in accordance with all applicable laws, regulations, tax obligations and industry standards;
2. with due care and skill and in a professional, punctual and diligent manner;
3. so that the services are fit for their intended purpose; and
4. on the date and at the times set out in the Service Bid.
If a Customer requests to reschedule the delivery time for the services listed in a Service Bid, you may choose to accept or reject such a request.

5. FEES

Viewing the Platform, creating your account, reviewing customer requests for services and posting a Service Bids is free.
You will be required to quote the cost of providing the services specified in each Service Bid to a Customer (Quoted Amount) and separately any applicable Value Added Tax (VAT). We will charge you 10% of the Quoted Amount (Service Fee) for each Service Bid that is accepted by a Customer.
When a Customer accepts a Service Bid, they will be prompted to pay the Quoted Amount, plus the Service Fee (together, the ‘Accepted Bid Fee’).
The balance of the Accepted Bid Fee minus the Service Fee (Your Fee) will be held in your Online Payment Partner account, by the Online Payment Partner, and transferred to your nominated bank account in accordance with the Online Payment Partner’s terms and conditions.
You:
1. appoint the Online Payment Partner as your limited collection agent solely for the purpose of accepting Your Fee from the Customer;
2. agree that payments made by Users to the Online Payment Partner (acting as your collection agent) will be considered the same as payments made directly to you; and
3. agree that all payments to your nominated bank accounts will be made in accordance with the timing specified by the Online Payment Partner, which may vary depending on your geographic location. The Online Payment Partner’s current payment terms are available here: https://stripe.com/docs/payouts
The Company reserves the right to change or waive the Service Fee at any time by updating this agreement, on written notice to you. We will provide you with at least 14 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.
You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including VAT) will be calculated and charged on the Quoted Amount and we will calculate the Service Fee on an amount equal to the Quoted Amount plus any taxes applicable to the Quoted Amount.

6. REFUNDS & CANCELLATIONS

Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a service set out in an accepted Service Bid, before you have performed all the relevant services, you must contact us using the Platform’s functionality, including by providing details as to why you are cancelling. If the Company decides to investigate your request, you must provide assistance and information to the Company as reasonably requested.
You must ensure that your cancellation policy and refund policy in relation to you or Customers cancelling an accepted Service Bid is in compliance with all applicable laws.
If we accept your request to cancel a service set out in an accepted Service Bid, we may take one or more of the following actions:
1. cancel your Account and/or any membership you hold in connection with the Platform;
2. refund the Quoted Amount to the relevant Customer; and
3. if we refund the Quoted Amount, require you to pay all or part of the Quoted Amount to us, and issue you with an invoice for that amount.
The Service Fee is by default non-refundable for change of mind. However, the Company may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.
You agree to honour and comply with the process set out in this clause 6 in the event of a pricing error in a Service Bid.

7. COMMUNICATION OUTSIDE THE PLATFORM

You must not communicate with any Customer, or request or entice a Customer to communicate with you, outside the Platform (except in the course of providing services that were agreed and paid for via a Service Bid or Service Request or in relation to any service or other matter not offered by you on the Platform).
The Company, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 7.

8. BYPASSING

You agree that while you are a Service Provider on the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about, or with whom you provided goods or services to directly or indirectly, by using the Platform. This provision will apply whether or not the Customer or their representative is still active on the Platform.
The Company may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause8.

9. BINDING CONTRACT

You agree that when you submit a Service Bid in response to a Service Request, this constitutes your intention and offer to enter into a contract with the Customer, where you will provide the Customer with the service as specified in the relevant Service Request and Service Bid, in exchange for payment of the relevant Quoted Amount. A contract is formed in this respect (between you and the Customer) when the Customer responds to your Service Bid by accepting it on the Platform.

10. WARRANTIES

By listing yourself as a Service Provider on the Platform, posting a Service Bid and/or responding to a Service Request, you represent and warrant that:

you are able to fulfil the requirements of the services specified in the Service Bid or Service Request;
you will provide services to each Customer:
1. using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
2. in compliance with all applicable laws; and
any individuals involved in your performance of services to any Customer have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.

Part C Customers

1. SERVICE REQUESTS, SERVICE BIDS AND FEES

You acknowledge and agree that:
1. if you submit a Service Request, and accept a Service Bid from any Service Provider that responds to it, that will constitute intention to enter into a contract with the Service Provider;
2. for each Service Bid on the Platform that you accept from the relevant Service Provider, the Quoted Amount will be debited from your Account and the Company will keep a Service Fee which will be calculated as a percentage of the Quoted Amount and will not be an additional charge to you; and
3. any terms and conditions relating to services or a quote provided via the Platform are solely between you and the relevant Service Provider and do not involve the Company in any way, except that such terms and conditions must not be inconsistent with your or the Service Provider’s obligations under this agreement.
When you submit a Service Request on the Platform, you must:
1. only submit requests that are bone fide and accurate; and
2. truthfully fill out all the information requested by the Platform in relation to the Service Request.

2. PAYMENT

(Payment obligations) Unless otherwise agreed in writing with the Service Provider, you must pay for all services specified in an accepted Service Bid prior to the Service Provider performing those services.
(Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Service Provider, you will then have the option of purchasing the relevant services at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, subject to the agreement of the Service Provider, the full amount will be credited back to your original method of payment.

3. CANCELLATIONS

The Company will have no liability or obligation to you if a Service Provider cancels a Service Bid after it has been agreed and you will not be entitled to any compensation from the Company in relation to any such cancellation, including any portion of the Service Fee.
If you wish to cancel services specified in an agreed Service Bid, before the Service Provider has performed them, you must contact the Service Provider. If the Company decides to investigate your cancellation, you must provide assistance and information to the Company as reasonably requested.
If you cancel a service specified in an agreed Service Bid, whether the relevant Quoted Amount paid by you is refundable will depend on the cancellation policy and refund policy of the relevant Service Provider.

4. LINKED BUSINESSES