By clicking “I Agree” you are entering into a legal agreement with Tradee On Demand Ltd. The agreement is between Tradee On Demand Ltd and you (“you,” “your,” or “property maintenance provider”), an independent provider of home repair or property maintenance services. Please review these terms and conditions carefully. If You do not agree fully to all of these terms and conditions, do not click “I Agree.”
Tradee On Demand Ltd is engaged in the business of providing job requests to the Property maintenance provider. Requests for plumbing, heating, electrical, locksmith, drainage and handyman services, with others to be added, made by individuals using the Tradee On Demand Ltd mobile application (“Users”). Through the license of its Apps, Tradee On Demand Ltd provides a platform for Users to connect with independent Property maintenance providers such as You.
Tradee On Demand Ltd does not provide property maintenance and is not a property maintenance provider. In fact, the Company neither owns, leases nor operates any business providing property maintenance.. The Company’s business is limited to providing property maintenance providers with access to the requests provided by the Software (“Company Services”), for which the Company charges a fee.
You are an independent Property maintenance provider who offers property maintenance Services, If you are not permitted for any reason to carry out property maintenance for any reason you may not use the Company Services.
By agreeing to this Agreement, you are representing that You possess the skills and tools to perform the required property maintenance requests contemplated by this Agreement, and that You desire to enter into this Agreement as a Property maintenance provider for the purpose of receiving the Company Services from the Company.
In consideration of the above representations and the mutual covenants set forth below, and for other good and valuable consideration, the Company and You (collectively “Parties”) agree as follows:
IMPORTANT: PLEASE NOTE THAT TO USE THE COMPANY SERVICES, YOU MUST AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW AND OTHERWISE IN THE AGREEMENT. IN PARTICULAR, PLEASE REVIEW THE ARBITRATION PROVISIONS SET FORTH BELOW CAREFULLY, AS THEY WILL REQUIRE YOU TO RESOLVE DISPUTES WITH THE COMPANY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION UNLESS YOU CHOOSE TO OPT OUT OF THE ARBITRATION PROVISION. BY VIRTUE OF YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT (INCLUDING THE ARBITRATION PROVISION) AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT BUSINESS DECISION. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE ARBITRATION PROVISION BELOW.
Subject to the terms and conditions contained herein, this Agreement shall give you the right to accept requests to perform on-demand Property maintenance Services (“Requests”) provided to you via the App, for which you shall be paid for (as described more fully below). Each Request that you accept shall constitute a separate contractual engagement.
The Company will offer the Company Services to you during those times you choose to be available to receive the Requests. You shall have no obligation to use the Company Services at any specific time or for any specific duration. You shall have complete discretion to determine when you will be available to receive the Requests. If, however, you agree to be available to receive the Requests, you shall be obligated to abide by the terms of this Agreement.
You shall be entitled to accept, reject, and select among the Requests received through the Company Services. You shall have no obligation to the Company to accept any Request. Following acceptance of a Request, however, you must perform the Request in accordance with the User’s specifications. Failure to provide promised services on an accepted Request shall constitute a material breach of this Agreement, and may subject you to damages.
Nothing in this Agreement shall be construed as a guarantee that you shall be offered any particular number of Requests during any particular time period.
Performance of Property Maintenance Services
You agree to perform all accepted Requests fully and in accordance with the job parameters and other specifications established by the User. Full performance of a Request shall typically include, but is not limited to:
notification to the User of completion of Request using the App;
waiting at least 10 minutes for a User to allow entry to job location;
timely submission of all necessary documentation required by the Company. Failure to comply with this paragraph shall constitute a material breach of this Agreement.
The Company shall have no right to require you to display Tradee On Demand Ltd’s name, logo or colors on your vehicle(s) or to require that you wear a uniform or any other clothing displaying Tradee On Demand Ltd On Demand Ltd’s name, logo or colors. Unless you choose to do so willingly.
The Company shall have no right to, and shall not, control the manner or prescribe the method you use to perform accepted Requests, subject to the terms of this Agreement. You shall be solely responsible for determining the most effective, efficient and safe manner to perform the home maintenance services relating to each Request, subject to the terms of this Agreement and the applicable User specifications. The Parties acknowledge that any provisions of this Agreement reserving certain authority in the Company have been inserted solely to achieve compliance with local laws, rules, and interpretations thereof.
You represent that you are an independent contractor engaged in the independent business of providing the property maintenance described in this Agreement and further represent that, as of the date of of this Agreement, you currently possess any valid professional qualification to provide the Maintenance services that are the subject of any Request which you accept. You further acknowledge and represent that your participation as a Property maintenance provider and use of the App is in compliance with any requirements or restrictions of any Service License you possess, and You agree that the Company shall have no liability to you, and you shall have no claim against the Company, in the event that any aspect of your participation as a Property maintenance provider results in any discipline, sanction, penalty, fine or forfeiture of any such Service Licenses. You shall provide the Company with a current list of all Service qualifications held by you as well as all other relevant work licenses, registrations and permits, including proof of the minimum insurance requirements set forth herein prior to entering into this Agreement and accepting any Request.
The Company shall, upon request, be entitled to review such qualifications and other work licenses, registrations and permits and all insurance certificates, from time to time; provided, however, receipt and review by the Company of any copies of Service qualifications, insurance policies, insurance certificates, endorsements or other relevant work licenses, registrations and permits, or failure the to request evidence of the same, shall not relieve you of your obligations to comply with these requirements. Failure to maintain current Service qualifications, other work licenses, registrations and permits, or other legal prerequisites, or failure to comply with any other provision of this paragraph, shall constitute a material breach of this Agreement.
In accepting this Agreement, you certify that the equipment you use in performing the service or any other services pursuant to this Agreement satisfies all industry and regulatory standards and qualifications. You acknowledge and agree that the Company may release your contact or insurance information to a User upon that User’s request.
The Parties recognize that both you and the Company are, or may be, engaged in similar agreements with others. Nothing in this Agreement shall preclude the Company from doing business with other independent Property maintenance providers, nor preclude you from entering into contracts similar to this Agreement with other lead generation providers. The Company neither has nor reserves the right to restrict you from performing other maintenance services for any company, business or individual, or from being engaged in any other occupation or business. However, during the time you are actively signed into the App, you shall perform Home Service services only for Requests received by you through the App. Additionally, during the time you are actively signed into the App, you shall not display on your vehicle or clothing any removable insignia provided by third-party Property maintenance providers, other lead generation providers, or similar. You understand that you shall not during the term of this Agreement use your relationship with the Company (or the information gained therefrom) to divert or attempt to divert any business from the Company to a company that provides lead generation services in competition with the Company.
You agree to faithfully and diligently devote your best efforts, skills and abilities to comply with the job parameters and User specifications relating to any Request accepted by You.
You have complete discretion to operate your independent business in good faith including providing Property Services separate from those obtained using the Company Services. Access to the Company Services may be suspended or revoked, however, if the Company believes that you unlawfully, unfairly or in bad faith disparage the Company.
Home Service Provider’s Equipment
You agree that you shall provide and maintain your own tools to complete all Requests.
Subject only to requirements imposed by law, Request parameters, User specifications, and/or as otherwise set forth in this Agreement, you shall direct in all aspects the operation of the equipment used in the performance of this Agreement and shall exercise full discretion and judgment as an independent business in determining the means and methods of performance under this Agreement.
Except as specifically set forth in this Agreement, you are solely responsible for all costs and expenses incident to your personnel and equipment in performing services under this Agreement, including, but not limited to, replacement tools, costs of fuel, wages, employment taxes, permits of all types, gross revenue taxes, road taxes, equipment use fees and taxes, licensing, insurance coverage and any other tax, fine or fee imposed onto you, as a result of an action by you or your employees, agents, or subcontractors in the performance of this Agreement.
The Company shall electronically remit payment to you, to the bank account nominated on your Tradee On Demand Ltd Expert application. These payments will be gross payments minus deduction of the Tradee On Demand Ltd 10% commission. These payments will be made 7 business days after the completed request.
Home Service Provider Quality Framework
You acknowledge that the Company desires to provide Users with the opportunity to connect with Property maintenance providers who maintain the highest standards of professionalism. For quality assurance purposes, the Company has access to the Tradee On Demand Ltd Experts star rating system designed to determine the level of service provided by the Property maintenance providers contracting with the Company through User feedback. The Company uses the rating system to determine the quality of Property maintenance providers to whom to forward Requests. Property maintenance Providers with a rating of 4 stars and below may be limited in their right to accept Requests or may be removed from being able to accept requests altogether pending an investigation. Please be advised once this investigation has been carried out any decision made is final. Ratings and any comments or reviews associated with them are entirely at the discretion of the Users. Tradee On Demand Ltd is not responsible for any rating or review and will have no obligation to You to change any rating or review with which you disagree. If you disagree with a rating or review, your sole remedy is to refrain from any further use of the Company Services.
As an express condition of doing business with the Company, and in order to get to each Request and at your sole expense, you agree to maintain current during the life of this Agreement, you shall secure, pay for, and provide, at your sole and exclusive cost and expense, the following insurance coverages with limits sufficient to adequately protect yourself against risk of loss assumed in this Agreement: The required insurance will be primary and not seek contribution from any insurance or self-insurance maintained by the Company. An original certificate of insurance in a form acceptable to the Company shall be delivered to the Company, along with all appropriate documentation reflecting the required coverage, before using the Company Services and the App to accept Property maintenance requests.
The following are the minimum requirements for your commercial general liability insurance policy(ies):
£1,000,000 – Public Liability Insurance.
Home Service Provider Personnel
You shall not allow any other person, including any employee, agent, or subcontractor, to access the Company Services to accept Property maintenance requests using your Tradee On Demand Ltd login details. (defined below). You acknowledge and agree that this Agreement only enables You, not any other person, to access the Company Services and the App.
Intellectual Property Ownership
The Parties understand that in order to perform the services contemplated by this Agreement, it may be necessary for the Parties to exchange certain confidential and proprietary information regarding their operations, Users, and other sensitive details that the Parties consider confidential. This confidential and proprietary information (“Confidential Information”) includes, but is not limited to, the following:
Company’s Information. (a) the Company Services, Software and the App, and related methods, processes and technology; (b) pricing, pricing methods and billing practices; (c) marketing and financial plans; (d) letters, memoranda, agreements, and other internal documents; and (e) financial or other information regarding the Company or Users that has not been disclosed to the public.
Except upon order of the relevant authority or upon appropriate legal process, or upon written consent by the other Party, the Company and You covenant and agree that they will not disclose to third parties or use for their own benefit or the benefit of any third party, any Confidential Information entrusted by the other Party or Users in connection with the performance of services pursuant to this Agreement.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Company Services or the App, or any intellectual property rights owned or licensed by the Company. The Company name, the Company logo, and the product names associated with the Company Services and the App are trademarks of the Company or third parties, and no right or license is granted to use them.
By entering into this Agreement, You agree to defend, indemnify, protect and hold harmless the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents, from any and all claims, demands, damages, suits, losses, liabilities, expenses , and causes of action arising directly or indirectly from out of or in connection with (a) Your actions (or omissions) arising from the performance of services under this Agreement, including personal injury or death to any person (including you and/or your employees and/or subcontractors or agents); (b) liability for civil and/or criminal conduct (e.g., assault, battery, fraud); (c) any liability arising from your failure to comply with the terms of this Agreement, including with respect to payment of wages, benefits or expenses due your employees, agents, or subcontractors; (d) your use (or misuse) of the Company Services or the App; and (e) any claim brought against the Company alleging defective or improperly rendered Home Services. Nothing in this provision is intended to require you to indemnify, or hold any of the indemnified parties harmless for their own negligent acts or omissions. If any word, clause or provision of this indemnification provision is determined not to be in compliance with applicable laws, it shall be stricken and the remaining words, clauses and provisions shall remain in full force and effect. It is the intent of the parties that this indemnification provision comply fully with all applicable laws, in all respects. Furthermore, this indemnification obligation in addition to and not in lieu of common law indemnification to which any of the Indemnified parties are entitled.
Damage or Injury Claims
You shall be liable to the User for all claims of damage and/or injury to any User sustained in connection with Property maintenance services provided by You to the User. You agree to notify the Company of any damage or injury as soon as practicable after the damage or injury occurs. You understand that insurance may or may not provide coverage for damage or injury, or it may provide coverage for some, but not all, damage or injury.
You agree to cooperate fully with the User and/or the Company to resolve injury or damage claims as quickly as possible. You further acknowledge that, in the event of damage or an insurance claim, the Company may inform Your insurance provider, or the insurance provider of any other party involved, of the claim and provide information about your acceptance or performance of a Request at the time of the damage or incident underlying a claim.
You agree that, in the event the Company is held liable for any injury or damage to any person caused by You or your employees or subcontractors or agents, the Company shall have the right to recover such amount from You. Similarly, should the Company voluntarily elect to pay any amount owed to any person for damage or injury to that person caused by You or your employees or subcontractors or agents, or for which you are responsible and/or liable, the Company shall have the same right.
Relationship of Parties
This Agreement is between two co-equal, independent business enterprises that are separately owned and operated. The Parties intend this Agreement to create the relationship of principal and independent contractor and not that of employer and employee. The Parties are not employees, joint venturers or partners of each other for any purpose.
As an independent contractor, you recognize that you are not entitled to unemployment benefits or redundancy pay following termination of the Parties’ relationship.
Termination of Agreement
This Agreement shall remain in effect until terminated as follows:
At any time upon mutual written consent of the Parties hereto.
If one Party has materially breached the Agreement, upon seven (7) days’ written notice to the breaching party, with such notice specifying the breach relied upon.
Without limiting the generality of the provisions of this Agreement, among other things, the following acts or occurrences shall constitute a material breach of this Agreement:
Your failure to maintain current insurance coverage to provide the Property Services that are the subject of each Request in the amounts and types required herein.
Your refusal to reimburse a User or the Company for any damage or injury caused by you.
Refusal by the Company to provide documentation requested by You reasonably relating to a damage or injury claim arising under this Agreement.
Your refusal to fully complete Request after acceptance without waiver by the User or the Company.
Failure by either party to maintain all Service qualifications and other licenses and permits required by law and/or this Agreement.
Your allowing any other person to access the Company Services or the App to receive requests for Home Service services, or allowing anyone to log into the App using your personal login details.
Misrepresentations by You, Your employees, agents or subcontractors to a User or the Company.
Violation by either Party of the Intellectual Property Ownership or confidentiality provision of the Agreement.
Documented complaint by a User that You and/or Your employee, agent or subcontractor engaged in conduct that a reasonable person would find physically threatening, offensive or harassing.
Important Note Regarding this Arbitration provision:
Arbitration does not limit or affect the legal claims You may bring against the Company. Arbitration only affects where any such claims may be brought and how they will be resolved.
Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties using the process set forth herein. Other arbitration rules and procedures are also set forth herein.
Unless the law requires otherwise, as determined by the Arbitrator based upon the circumstances presented, You will be required to split the cost of any arbitration with the Company.
IMPORTANT: This arbitration provision will require You to resolve any claim that You may have against the Company on an individual basis pursuant to the terms of the Agreement unless You choose to opt out of the arbitration provision. This provision will preclude You from bringing any class, collective, or representative action against the Company or Tradee On Demand Ltd Expert. It also precludes You from participating in or recovering relief under any current or future class, collective, or representative action brought against the Tradee On Demand Ltd Expert by someone else.
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO A SOLICITOR — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISIONS.
You may not assign this Agreement without the prior written approval of the Company. Any purported assignment in violation of this section shall be void. The Company shall have the right, without Your consent and in its sole discretion, to assign the Agreement or all or any of its obligations and rights hereunder provided that the assignee of the Company’s obligations under such assignment is, in the Company’s reasonable judgment, able to perform the Company’s obligations under this Agreement.
Upon such assignment, the Company shall have no further liability to the Property maintenance service provider for the obligations assigned.
The Company reserves the right to alter, change, modify, add to, supplement or delete the terms and conditions of this Agreement at any time, effective with or without prior notice to you upon publishing a modified version of this Agreement, or upon publishing the supplemental terms to this Agreement, on the App or by email. You acknowledge and agree that it is your responsibility to review this Agreement (and the documents incorporated herein by reference) periodically and to be aware of any modifications.
You hereby expressly acknowledge and agree that, by using or receiving the Company Service, and downloading, installing or using the App, you and Company are bound by the then‐current version of this Agreement, including any modifications and supplements to this Agreement or documents incorporated herein. Continued use of the Company Service or the App after any modifications or supplements to the Agreement shall constitute your consent to such modifications and supplements.
If any future changes to this Agreement (or any of the documents incorporated herein by reference) are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Company Services and the App.
Except as otherwise explicitly set forth in this Agreement, if any provision of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement, including any modifications and supplements to this Agreement and the documents incorporated herein, constitutes the entire agreement and understanding of the Parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous negotiations, discussions, agreements, arrangements, offers, undertakings or statements, whether verbal, electronic, or in writing, regarding such subject matter. Except as explicitly set forth in this Agreement, nothing contained in this provision or this Agreement is intended to or shall be interpreted to create any third‐party beneficiary claims.
It may be required that the Property maintenance provider add a back link to their website to http://tradeeondemand.com showing there is a relationship between the two parties. This will be done by Tradee On Demand Ltd and will not incur any cost to the Property maintenance provider.
Agreement to Enter into a Contract
By clicking the “I agree” button, You are expressly acknowledging that You have read, understood, and taken steps to thoughtfully consider the consequences of this Agreement, that You are entering into a legally binding contract with the Company, that You are agreeing to be bound by all of the terms, conditions, and notices contained or referenced in this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time, and that you are legally competent to enter into this Agreement with the Company. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “I AGREE.” If You do not agree to be bound by this Agreement, You will not have any right to use the Company Services or the App and the Company’s acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.