0207 1498993

Thank you for accessing our Service at https://propertyandhomes.co.uk (the “Website“).

Please read this Agreement and the Services Terms and Conditions carefully as these both governs your use of the Service. Do not use the Service unless you wish to be bound by this Agreement because, by clicking ‘Sign up’ during the sign-up process and/or continuing to use any part of the Service, you confirm your acceptance of this Agreement (which also includes the Privacy Policy, and Code of Conduct (see below)).

The Service is for use in the United Kingdom only. You must not access the Service from any other jurisdiction. You are responsible for all compliance with laws and regulations which apply to you.

1. Definitions

We are Property and Homes Management LTD. Our registered company number is 10653830 and our registered office is at 27 Old Gloucester Street, London, England, WC1N 3AX. Where we refer to ourselves in this Agreement, this is also taken to include (where the context allows) our group companies, affiliates, and/or their employees or ours, associated and contracted persons, and persons supplying services to us or them.

Where we refer to you in this Agreement, this also includes any person that accesses or uses our Service on your behalf in order to receive information which will assist them in securing Works to be carried out with Customers.

The “Agreement” includes the terms set out here, the Privacy Policy, and Code of Conduct.

The Customers are the people who own and / or rent the properties that Property and Homes Management LTD are contracted to manage.

The “Project” consists of the works to be carried out as detailed in the job specification. 

The “Service” is the website.

2. Work to be carried out

It is your responsibility to determine whether you wish to be considered for or undertake any Project or deal with any Customers. We only forward you the details completed by the Customers on our platform on behalf of the Customers and we will not be liable to you in respect of any Project or relationship with any Customers in any way. We therefore recommend that you carefully assess each Project to be carried out and carry out whatever lawful checks you consider appropriate in relation to any Customers before undertaking any work for them.

Upon acceptance of a job, you authorize Property and Homes Management LTD to enter into a contract with yourself and the Customer on your behalf which are subject to the Services Terms and Conditions.

3. Service Content

The vast majority of the material on the Project originates from our Customers, and we rely on them to accurately describe the works to be carried out. We have little or no editorial control over the material and we therefore cannot guarantee the accuracy, timeliness, completeness, performance or fitness for any particular purpose of the material available through the Project. We cannot accept responsibility for errors, omissions, or inaccurate material available through the Project, and make no warranty that the Project will be uninterrupted or error free, or that any defects will be corrected.

Whilst we take steps to prevent misuse of our systems, we cannot warrant that the Service will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-virus software to protect your equipment and data.

Any material you obtain from the Service is used at your own risk, and we will not be liable for any loss or damage arising out of or in connection with access or use of the Service (except to the extent that such liability cannot be excluded by law).

4. Use of our Website

You may not tender for any Project which is not legal or which may not legally be performed by you.

A core purpose of the Service is to connect Customers to genuine tradespeople who wish to undertake work for those Customers. The Service is therefore not for use by tradesmen who do not intend to carry out and ensure successful completion of each work they accept. You therefore agree that you will not in any circumstance:

• use the Service for the purpose of reselling, exchanging or purchasing or otherwise obtaining leads from other tradesmen;
• pose as a Customer and post fake works to be carried out whether for purposes of identifying potential tradesmen in your area with whom you may wish to work, or in order to receive information from other tradesmen about their businesses, or for any other purpose whatsoever.

You agree that you will not use subcontractors on any Project without the prior consent of the relevant Customer. You are responsible for ensuring that you and your subcontractors are legally entitled to tender for and perform any Project for which you tender or accept. By using subcontractors on Projects obtained via the Service, you agree to procure that each of your subcontractors will also comply with the terms of this Agreement as if it were a party to it. You also acknowledge that you will be responsible to us and to all Customers for the acts and omissions of your subcontractors.

We will not be a party to any contract made between you and any Customers and therefore we shall not be liable for any loss or damage that results from any dealings between you and any Customers including but not limited to any direct, indirect or consequential or inconsequential loss of any kind.

You agree not to use the Service in any unlawful manner and in particular shall not:

• post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any person;
• post any corrupted files, files that contain viruses, or any other code that may damage the operation of a computer or other electronic device;
• conduct or forward surveys, contests intended for such uses, and shall not forward pyramid schemes or chain letters;
• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the original or source of software or other material contained in a file that is Posted;
• restrict or inhibit any other user from using and enjoying the Service.

You agree that you will (and will ensure that your subcontractors will) comply with:

• the Privacy Policy; and
• the Code of Conduct

We may notify you of Projects from time to time, but we are not under any obligation to do so. Further, because Customers retain the right to change or withdraw their Project from our Service, we are unable to give any warranty as to the availability or suitability of a particular Project. We do not review or confirm the accuracy of all details provided to us by Customers, and we therefore cannot guarantee that all leads include correct and complete information.

Further, we cannot guarantee that any leads generated using the Service will result in business for you, and no refund is offered in the event that you do not obtain business from the leads generated.

5. Behaviour

You agree not to use the Service in any unlawful manner and in particular shall not:

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;
• publish, post, upload, distribute or disseminate (“Post”) any inappropriate, defamatory, abusive, infringing, obscene, discriminatory or otherwise unlawful material.

6. Payments

Payments for the completion of the project (your services) will be made directly by the Customers as we are not a party to your contract of work. All your estimates should include VAT, materials & labour and should be your best estimated cost to fully deliver the service based on the information provided.

7. Links

It is not possible for us to review all websites which are linked to, from the Service (or link to the Service), and you should therefore take care when following any link. We cannot accept liability for any loss or damage that may be suffered as a result of following any links. You agree not to post links to any websites.

8. Use of Information

You are solely responsible for the content, accuracy, and completeness of your trade business information, and agree only to provide true, accurate, current and complete information. You also accept all liability arising out of or in connection with your processing and transmission of the Customers Information.

You acknowledge that we may edit, modify or remove any parts of trade business information which we consider is in breach of any of the provisions of this Agreement, and/or suspend or terminate your access to the Service without notice.

By providing trade business information you grant to us a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, reproduce, modify, publish, edit, translate, distribute, perform, and display the material alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licensees. The foregoing grants shall include the right to exploit any proprietary rights in such materials, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You also waive any moral rights you have in the materials. Do not post any materials on the Service that you would not want us to use in this way.

We check the information that you provide on registration and during your continued use of the Service. You acknowledge and agree that we may at any time request verification and identity and address documents and information from you in order to complete our fraud prevention and identity and address verification checks which we may carry out from time to time. We reserve the right to terminate the provision to you of the Service or restrict your access to the Service at any time in the event that you fail to provide all of the requested verification and identity and address documents within the requested timescale or if you do not pass our fraud prevention or identity verification checks.

You consent to information about the device you use to access the Service and verification, identity and address documentation being collected and processed for fraud prevention purposes and we may use third parties (and information they provide) to help us prevent fraud or unauthorized access to our Service.

You agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your own trade business information) from the Service without our prior written permission.

To the extent that we provide you with Customers Information, you agree that you shall:

• treat the Customers Information as confidential and not share the information with any other person;
• only use the Customers Information for the purpose of contacting them in relation to the particular Project for which you were provided with the information, and for no other purpose whatsoever;
• at all times and in all respects comply with data protection laws.

9. Arrangements with Customers

Our rating system is designed to provide Customers with independent feedback on the quality, value and reliability of trade businesses. Furthermore, your willingness to be rated may provide Customers with a level of confidence regarding your ability. A key reason that Projects are made available through the Service is that Customers are able to read reviews by your previous customers. You therefore agree that your performance in carrying out each Project may be rated and reviewed by the applicable Customers and that the ratings and reviews will be published on the Service.

Should you (or any of your subcontractors) have a dispute with a Customers, you must address such dispute directly to the Customers concerned. However, you agree to notify the details of the dispute to us as soon as reasonably practicable.

We may decide to investigate any grievances held by you or by Customers and may discuss any such investigation with all involved parties. We may take any lawful action we deem necessary in the event of a grievance, but likely outcomes of a grievance investigation include:

• you and the Customers being allowed to continue using the Service;
• your and/or the Customers’ access to the Service being suspended for a period of time;
• your and/or the Customers’ access to the Service being terminated and banned for a definite or indefinite period.

In the event of a suspension or termination, no further fees shall accrue to the extent that access to the Service is suspended or terminated. However, any fees already accrued shall become immediately payable.

Save as provided above, we cannot be involved in your dealings with Customers and, in the event that you have a dispute with one or more Customers, you hereby release (and shall procure that your subcontractors release) us from any and all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

10. Trade Qualifications and Certification

Where you advise us that you (or your subcontractors) are Part P, gas, or otherwise certified, we may verify the relevant certification. However the validity of the trade accreditations or registrations always remains your responsibility.

You agree to comply with any reasonable requests submitted by the Customers with regards to the verification of such accreditations, registrations or information.

Any checks on trade accreditations or registrations that we carry out do not reduce your obligation to ensure that all your subcontractors and any personnel involved in the Project have the required trade accreditation or registration to carry out specific aspects of the Project.

11. Intellectual Property Rights

You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Service and any part of it (the “Rights“), including the manner in which the Service is presented or appears and all information and documentation relating to it is our property (or that of our licensors), and nothing in this Agreement shall be taken to transfer any of the Rights to you.

Solely for the purposes of receiving the Service, we hereby grant to you for the period during which the Service is provided a non-exclusive, non-transferable, license to use the Rights.

12. Indemnity

It is your responsibility to ensure that you are entitled to provide your trade business information and you therefore agree to indemnify us against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by us in connection with any actual or threatened claims of any kind (including without limitation any claim of trademark or copyright infringement, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from your (or your subcontractors’) provision of your trade business information or arising from your (or your subcontractors’) use of the Service.

We shall indemnify you against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by you in connection with any actual or threatened claims of any kind (including without limitation any claim of trademark or copyright infringement, defamation, breach of confidentiality, false or misleading advertising or sales practices) that any material on the Service generated and uploaded by us infringes the intellectual property of any third party.

13. Limitation of Liability

Notwithstanding any other provision, nothing in this Agreement shall exclude or limit either party’s liability for death or personal injury caused by that party’s negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

If you are dissatisfied with the Service, or the terms of this Agreement, your sole remedy under this Agreement shall be to discontinue use of the Service.

Other than as set out above in this Limitation of Liability section, and notwithstanding any other provision of this Agreement, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation or otherwise, for any loss or damage whatsoever arising from or in any way connected with this Agreement.

We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).

Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into this Agreement by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.

Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.

We cannot guarantee the day or time that we will respond to any email, telephone or written enquiries or Website form submissions.

Each of the provisions of this Clause shall be construed separately and independently of the others.

14. Our Rights

We reserve the right at all times to edit, refuse to post, or to remove from the Service any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any applicable law, regulation, legal process, police request or governmental request.

We reserve the right to terminate the provision to you of the Service or restrict your access to the Website at any time immediately on giving you notice:

• in the event that you are or we suspect you to be in material breach of any term of this Agreement which is either irremediable or, if it is remediable, you do not remedy it within 7 days of us notifying you of the breach;
• if you file for bankruptcy or are bankrupt, go into liquidation (whether compulsory or voluntary) otherwise than for the purposes of a bona fide amalgamation or reconstruction, or an administrator or receiver or similar officer is appointed over the whole or any part of your assets, or you enter into any arrangement for the benefit of or compound with your creditors generally, or threaten to do any of these things, or any judgment is made against you, or any similar occurrence under any jurisdiction affects you; or you cease or threaten to cease to carry on business; and/or
• in the event you breach, or we reasonably suspect you have breached, the Code of Conduct.

We reserve the right to modify or discontinue temporarily or permanently all or part of the Service with or without notice without liability for any modification or discontinuance, save as expressly set out in this Agreement.

We may vary the terms of this Agreement from time to time and shall post such alterations on the Website. If the variations to the terms of this Agreement are materially detrimental to you we will give you written notice of such variations and if you do not agree to such variations then you have the right to notify us that you wish to cancel your membership and to stop using the Service, and you should do so immediately (and in any event within 14 days of us notifying you of the variation).

Your continued use of the Service after the date the changes have been posted will constitute acceptance of the amended Agreement

15. General

Clause headings are inserted for convenience only and shall not affect the interpretation of this Agreement.

If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated, in which case it shall terminate without giving rise to further liability.

You may not assign, transfer or sub-contract any of your rights hereunder without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.

No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.

This Agreement constitutes the entire agreement and you acknowledge that you have placed no reliance on any representation made but not set out expressly in this Agreement.

Any notice to be given under this Agreement may be given via e-mail as notified by one party to the other.

Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.

Notwithstanding any other provision in this Agreement a person who is not a party hereto has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce the terms of this Agreement.

This Agreement shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.

In the event of any comments or questions regarding this Agreement (including the Privacy Policy, and Code Of Conduct) then please Contact Us.

CODE OF CONDUCT

Our mission is to connect our Customers with good tradespeople, who can help them with the assistance they need with their homes.

1. Tradespeople quote on jobs when they are available and interested in the work.
2. Customers review and choose the tradesperson that is right for them.

A key part of this process is our ratings system, where our Customers review the ratings and feedback our other Customers have written. In addition to these ratings, potential Customers also consider how well a tradesperson presents themselves as well as their quote for the work.

Our Customers expect high quality work, honesty and reliability and that they will be charged a fair market rate for the work. They also only want to engage with tradespeople who act responsibly, behave politely and are generally nice to work with.

When joining our service we ask all of our tradespeople to follow these basic principles:

• Be polite and courteous when dealing with homeowners and potential customers.
• Communicate clearly and completely what will be done, and when.
• Set clear timing of payments.
• Perform work to a high standard and adhere to the relevant industry standards.
• Deliver on what was agreed to be delivered.
• Create a satisfied customer.

We shall remove tradespeople from our service who don’t adhere to the standards and principles found in this Code of Conduct.