General Terms and Conditions for Use of Servicestart
This user agreement (the "User Agreement") describes the terms and conditions applicable to your use of the services available at http://www.servicestart.co.uk (the "Site").
These services are provided by Servicestart Limited ("Servicestart"), a company registered in England and Wales (registration number 6009640) whose registered address is 40 Oxford Road,
Worthing, West Sussex, BN11 1UT.
If you do not agree to be bound by this User Agreement, you may not use or access the Site. You must read, agree with and accept all of the terms and conditions contained
in this User Agreement before you may become a user of the Site and you cannot exclude (in whole or in part) the application of this User Agreement to you.
You should also access and read the information contained in the other pages referred to in this User Agreement as they contain further terms and conditions which apply
to you as a Servicestart user. By agreeing to this User Agreement, you also agree that your use of other web sites operated by Servicestart or its affiliates will be governed
by the user agreement posted on those other web sites.
The Site is not available to, and may not be used by, persons under the age of 18 years or to users of the Site whose membership has been suspended or terminated.
If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement.
References in this User Agreement to (i) "we", "us" or "our" are to Servicestart, (ii) a "user", "you" or "your" are to any registered user of the services provided by Servicestart,
(iii) a "buyer" are to a user that requests the provision of a service through the Site and (iv) a "service provider" are to a user that offers to provide a service through the Site.
Headings in this User Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
2. Effectiveness and Amendments
Servicestart reserves the right to transfer this Agreement to a related third party company. Subject to any amendment as described below,
this User Agreement is effective as from 1st November 2007. We reserve the right to amend this User Agreement between us at any time
and for any reason by giving you notice ("Notice") by either e-mail and/or posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations
from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice.
No other amendment to this User Agreement will be effective. Please note that different notice provisions apply to our fees as set out in section 10 below.
3. Role of Servicestart
The Site acts solely as a venue for connecting buyers and service providers through the posting of information such as requests and profiles on the Site and we are not
responsible for anything that may occur after you are put into contact with another user.
You are responsible for the choice of users with whom you discuss or conduct a transaction and for negotiating and agreeing the terms and conditions of that transaction.
Once you are put into contact with another user through the Site, any communication with, provision of information to or decision to agree and/or complete a transaction
with that user is at your sole discretion and is your sole responsibility. Accordingly, any transaction, discussion or payment conducted and/or agreed between you and
another user of the Site shall be deemed to have occurred outside the Site, directly between you and that user and without the participation of, or any recourse to, Servicestart.
We do not take any responsibility for any such transaction, discussion or payment conducted and/or agreed between you and another user.
We have no obligation to and do not review, control or monitor any information (including requests and profiles) posted by users on the Site.
As a result, we have no control over the quality, safety or legality of information posted on the Site or any services requested, offered, provided or paid for as a result
of any such posting, the truth or accuracy of information provided by users and the ability of users to request, provide or pay for services.
We do not approve, recommend or endorse any service, information, transaction or user by reason of their being posted on or referred to in our Site.
You may find other users information to be offensive, harmful, inaccurate, deceptive and/or misleading. In addition,
there are risks of dealing with unknown or underage persons or people acting under false pretences.
By using the Site, you agree to accept such risks and agree that Servicestart is not responsible for the acts or omissions of users on or outside the Site.
In the event that you have any right, claim or action against any other user arising from that user's use or misuse of the Site or conduct outside the Site, you agree to
pursue such right, claim or action independently of and without recourse to us, and you release and hold harmless Servicestart
(and our shareholders, subsidiaries, affiliates, officers, directors, agents and employees) from and against any demand, claim, liability, damage, loss, cost and expense
(including legal fees and expenses) arising from or in any way connected with such right, claim or action.
However, we may in our sole discretion, and without being under any legal obligation to do so, investigate complaints notified to us by users, discuss them with any or
all parties concerned and take any action that we deem appropriate. Servicestart may offer to refund the credit to a user?s account on Servicestart. This applies only after
that user has filed a complaint through the system designated for reporting low-quality requests. Servicestart reserves the right to offer credit refund strictly at its own
discretion. Servicestart has no obligation to explain or communicate the grounds for any decision to do so or not. In the event Servicestart approves a refund of credit this
is to the user?s account on Servicestart, never to any bank account or credit card.
4. User Identity
You must enter an e-mail address and password on completion of user registration. You are responsible for all actions taken under that e-mail address and
password on the Site and you shall only access the Site using your own e-mail address and password. You must use every effort to keep your e-mail address
and password safe and should not disclose it to any other person. You shall also not permit, either directly or indirectly, any other person to use
your e-mail address or password for the purpose of accessing the Site.
Servicestart does not verify the purported identity of users, their suitability to request, offer, provide and/or pay for any service, the validity or
accuracy of the information that they post on the Site or any rating feedback and service provider response information. Once you have been put into
contact with another user, we would encourage you to communicate with that user directly in order to ask any questions you may have or to verify the
identity of or information provided by that user, as well as to ascertain the suitability of or potential risks involved with that user and conducting
a transaction with them, including their ability to legally offer and provide services in your country of residence. You may also wish to consider other
external means to carry out any such verification (such as official company register, consulting any trade or industry associations to which a service
provider belongs or requesting a list of professional qualifications or references for the service provider).
5. Rating Feedback
The Site provides a rating feedback system in order to allow buyers to provide their views and opinions to other users of the Site about service providers
from whom they have actually received services. Accordingly any rating feedback given represents the views and opinions of the relevant buyer and not Servicestart.
As a buyer, you agree that any rating feedback you post on the Site in relation to a service provider shall be based on actual experience of services received
from them, be fair, reasonable, balanced, accurately reflect your views and opinions of that service provider and the service provided and not be offensive,
misleading, defamatory, in breach of any applicable law or regulation or designed to unfairly prejudice or harm another user, their rights or reputation or
to undermine the integrity of the rating feedback system.
You agree that you shall not market or export your Servicestart ratings to any venue other than a Servicestart website. In addition you are not allowed to
import ratings from other websites to the Site because such feedback does not represent the views and opinions of buyers on the Site. Due to the fact that any
rating feedback given represent the views of the relevant buyer and not Servicestart, we do not verify or alter rating feedback and accept no responsibility for any
loss suffered as a result of any rating feedback posted on the Site.
6. Legality of Services
You must not request, offer, provide or pay for services which are illegal or in contravention of any applicable law, regulation or court order or harmful
to any person or property. We cannot and do not accept any responsibility to protect users from illegal or harmful services listed on the Site or to ensure that
services meet the requirements of buyers. You should not assume that: (i) any request, offer, provision and/or payment of or for any service referred to on the Site
will be legal and harmless to people or property; or (ii) you are allowed to do what other users do, even if you have successfully conducted similar transactions in the past.
Accordingly, you accept responsibility for the legality of your actions under laws and regulations applicable to you.
Your country and/or the country of any user you deal with may have laws which apply to your actions in relation to the Site and communications and transactions with other users
regardless of what you agree with us or with that user (including laws governing which services can be legally requested, offered, provided and/or paid for).
You agree to comply with all laws and regulations applicable to your request, offer, provision and/or payment of or for any services resulting from your use of the Site.
You must not post any request, profile or other information on the Site or complete any transaction with another user that, by posting such request, profile or other information,
completing the transaction or paying to us or the relevant service provider a fee for the transaction could cause us or another user to violate any applicable law or regulation.
7. Service Providers
As the provider of a service, you must ensure that you are legally able to offer and provide that service in the jurisdiction in which it is provided and in a manner
which is consistent with the information provided by you. You must describe your service and all conditions and information relevant to a buyer in your profile or
other information that you post on the Site. You may only include information and other content relevant to the provision of services to users of the Site and you are
responsible for ensuring that you have the right to use all information and content in your postings on the Site. All profiles must be listed in or refer to an appropriate category.
We do not accept any responsibility for the choice or appropriateness of categories or whether they enable you to be put into contact with one or more buyers that are suitable for
or near to you and in good time or at all. In addition, we do not make any representation or warranty as to the existence or availability of buyers and requests on the Site at any time,
that you will be put in contact with any buyer or that you will be able to agree a transaction or provide and receive payment for any service offered.
By agreeing to or implying that you will provide a service to a buyer, you may be entering into a legal relationship with that buyer and, accordingly,
may be responsible (among other things) for any loss or expense resulting from a failure to provide the service requested. We are not a party to, and accordingly have no responsibility for,
any relationship, communication, payment or transaction between you and a buyer resulting from any posting on the Site or your being put in contact with that buyer through the Site.
If you post a request on the Site, you must ensure that you are legally able to receive and pay for each service referred to in that request.
You must describe your request and all conditions or information relevant to the service provider in your request. Your request may only include information and other content relevant
to the provision of that service and you are responsible for ensuring that you have the right to use all information and content in your requests.
All requests must be listed in or refer to an appropriate category. We do not accept any responsibility for the choice or appropriateness of categories or whether they enable you to be
put in contact with one or more service providers that are suitable for or near to you and in good time or at all. In addition, we do not make any representation or warranty as to
the existence or availability of service providers on the Site at any time, that you will be put in contact with any service provider or that you will be able to agree a
transaction or receive any service requested.
By agreeing to or implying that you will receive and/or pay for a service from a service provider, you may be entering into a legal relationship with that service provider and,
accordingly, may be responsible (among other things) for any refusal to receive and/or pay for that service (including any applicable taxes on the payment) and/or any materials
used in providing that service. We are not party to, and accordingly have no responsibility for, any relationship, communication, payment or transaction between you and a service
provider as a result of any posting on the Site or your being put in contact with that service provider through the Site.
You must not manipulate the price of any transaction, request or offer, interfere with any other user's postings on the Site or with the rating feedback process and any
information on service provider responses. Without limitation, you must not: (a) offer to provide a service where you are the buyer requesting that service, or procure or encourage any
person to do so on your behalf; (b) post a request for a service on the Site without having an intention to receive and/or pay for the service requested or in order to be put
into contact with service providers for any other reason; (c) contact a buyer that is listed on the Site in order to offer similar or other services to that buyer or for
any other reason; or (d) post requests or profiles on the Site, make offers, provide services or make any payment under false pretence or in order to mislead other users.
Joining Servicestart and registering as a member of the Site is free, although you will remain responsible for the costs of accessing our Site,
receiving communications from us (including by email and mobile text messaging) and communicating with other users. Any payment in respect of a
particular transaction with another user will be payable to that user outside the Site and not through Servicestart. You agree that we may charge
fees for providing the contact details of a buyer posting a request on the Site, whether on a one-off, monthly or other basis. In the case you
make purchases by invoice, credit or debit card Servicestart may wait to collect your payment until the balance on your Servicestart account has
reached a certain level of debt. When this happens Servicestart may collect several purchases made by you at a date prior to the collection date.
The amount of the fee charged may vary according to the type of service requested and the size of transaction. In addition, you will be notified
of the relevant fee before you are charged. We may change our fees at any time, and any change will be effective immediately. Any price for contact
information is always shown before any payment is processed.
Any credits, expressed in pounds sterling or any other currency, available on a users account, no matter if caused by a payment, refund of credits,
free try-out pot or any other reason, is not available to transfer into cash.
Any user signing up to PRO membership agrees to make a pre-payment to their Servicestart account. The user may select from a set of amounts shown on their
Servicestart account on the page assigned to membership information. As a PRO member you are entitled to discounted fees for purchasing contact information.
The size of this discount will depend on the size of your monthly pre-payment. PRO membership is automatically extended for another month if not cancelled.
Cancelling of PRO membership shall be made by the user through their Servicestart account. Effect of cancellation is immediate.
Unless otherwise stated, all fees are payable in Pounds sterling. Whether you are a business or not, value added tax and other taxes may apply to your transaction.
Service providers will be responsible for paying all fees associated with using our service and our Site and all applicable taxes.
You agree that we may issue you with invoices in electronic format by email or by other means.
11. Your Information 11.1 General
"Your Information" is defined as any information you provide to us or other users in relation to the Servicestart service and the Site including during the registration,
posting and rating feedback process and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit
for your online or other distribution and publication of Your Information. You represent that Your Information is true, accurate, correct and not misleading and that you are
accessing the Site for the bona fide purpose of requesting and/or offering to provide services in accordance with the terms of this User Agreement.
In registering as a user, you agree that Servicestart or Servicestart official partners may contact you through e-mail, mobile text messaging or other means to inform you about user postings (including requests), changes,
offers or news regarding the Site or Official partner offers. In becoming a user and accepting this User Agreement, you agree to the uses and disclosures of Your Information
which is incorporated by reference herein.
11.2 RestrictionsYour Information and your activities on our Site must not:
be false, inaccurate or misleading;
be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
be fraudulent or involve the provision of illegal services;
be in breach of any applicable laws or regulations (including, but not limited to, laws governing consumer protection, provision of labour, social security,
unfair competition, anti-discrimination and false advertising);
be obscene, indecent or contain child pornography;
create liability for us, prejudice our rights or reputation or cause us to lose (in whole or in part) our users or their services, internet service providers or other suppliers;
be intended for a purpose other than requesting or offering to provide services or activities on the Site or be inappropriate for our business or those of our users;
link directly or indirectly to or include descriptions of goods or services that are prohibited under this User Agreement or that you do not have a right to link to or include;
contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal
operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information; or
cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
To enable Servicestart to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable
(through multiple tiers) license to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media
now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law and you agree
that Servicestart owns the rights to all text and images published on the Site.
11.4 Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose or use other measures to bypass or
avoid measures we may use to prevent or restrict access to the Site. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose, in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without our prior
written permission and, if relevant, the appropriate third party;
(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
(iv) extract or re-utilise substantial parts of our Site or make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site or
(v) use the Site to transmit or post any chain letters or any material for the purposes of general publicity, promotion and/or advertising with the exception of any
profile posted on the Site in accordance with this User Agreement.
11.5 Use of Other Users' Information
Our service allows service providers access to buyers contact information upon payment of a fee (whether on a one-off, monthly or other basis) or as otherwise
agreed by us. By accepting this User Agreement as a buyer, you agree that we may pass your contact information to certain service providers and in doing so you
agree that those service providers may contact you in connection with your request. We do not have any responsibility for the use or misuse of your contact or
other information by other users and if you object to or are concerned about this,
please do not register as a user on the Site.
If a request for service posted by a user is without responses from providers Servicestart can expand marketing of it outside of Servicestat.com into its
network of Official partners. If this happens Servicestart will send an email notification to the user to the email address provided. An unmanned service
request is only forwarded to one partner and will then be closed on Servicestart.com. When this happens Servicestart has the right to charge a fee from
the partner. This service is free to the user posting a request on Servicestart. According to this agreement a Servicestart partner will further market
the service request and may charge a fee for interested service providers to access the contact details of the request maker.
By accepting this User Agreement, you agree that, with respect to other users' personally identifiable information that you obtain through the Site
(whether as a service provider or buyer) or through a Servicestart-related communication or transaction resulting from contact through the Site,
you may only use such information: (i) for Servicestart-related communications that are not unsolicited commercial messages and relate to your genuine
participation in a transaction resulting from contact through the Site; (ii) for using services requested or offered through the Site;
(iii) for any other purpose to which such user expressly agrees after adequate disclosure of the purpose(s); and
(iv) in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In addition, under no circumstances can you
disclose personally identifiable information about another user to any third party without that user's consent after adequate disclosure of the purpose(s).
Note that law enforcement personnel and other rights holders may be given different rights with respect to information they access.
You shall not add a Servicestart director, employee or user to your mail or client list (email or physical mail) or database without their express written
consent and after adequate disclosure and you agree not to use the Site as a source of targeting material or contact data for any kind of telemarketing,
direct marketing, viral or other electronic marketing activity. In all cases, you must give users an opportunity to remove themselves from your list or database
and a chance to review what information you have collected about them.
12. Breach and Termination
Without limiting our other remedies, we may restrict your activity on the Site, immediately issue a warning, suspend, withdraw or terminate your user registration or
any of Your Information posted on the Site and refuse to provide our services to you without notice, responsibility and further obligation on our part if:
(a) in our view, you breach this User Agreement; (b) we are unable to verify or authenticate any information you provide to us; or
(c) we believe that your actions are fraudulent or in violation of any applicable law or regulation or may cause us financial loss or legal liability or prejudice
our rights or reputation or those of any other user. Our failure to act with respect to a breach by you or others does not waive our right to act with respect
to subsequent or similar breaches. In addition, we may modify, discontinue or suspend all or part of, temporarily or permanently, the Site or our services or
terminate this User Agreement without notice, responsibility and further obligation on our part. In the event of any termination by us of this
User Agreement part way through a month or other payment period, we will repay the relevant portion of any fees prepaid by you in respect of
that month or other period before the date of termination that relates to the remaining portion of that period but we shall have no other obligation to
repay any other fees to you.
You may terminate your user registration and this User Agreement or withdraw any of Your Information posted on the Site by giving at least 14 days written notice to us.
Please note that it may take a reasonable amount of time for your details and/or Your Information to be removed from the Site.
Sections 3 (Role of Servicestart), 10 (Fees), 11 (Your Information), 13 (Transfer of Data), 14 (No Warranty), 15 (Indemnity), 16 (Limitation of Liability),
17 (Miscellaneous) and 19 (Governing Law and Legal Compliance) shall survive any termination of this User Agreement.
13. Transfer of Data
We view the protection of users' privacy as very important. Please note that Your Information will be stored and processed on our computers in Sweden and the
laws on holding personal data in Sweden may be less stringent than in the UK.
Whilst we will, subject to the terms of this User Agreement, take reasonable care to hold and transmit Your Information in a safe, confidential and secure environment,
we cannot accept any liability for any information posted or omitted to be posted on the Site. We reserve the right to retain, use, transfer or disclose
Your Information to third parties as we reasonably believe necessary to (a) satisfy any applicable law, regulation, legal process or governmental request,
(b) enforce this User Agreement including investigating potential violations hereof and resolving disputes,
(c) detect, prevent or otherwise address fraud, security or technical issues, and
(d) protect the rights, property, safety or reputation of Servicestart, our users, affiliates, officers, directors, employees, agents and the public.
If you object to your Information being transferred, used or disclosed in this way please do not register as a member on the Site.
14. No Warranty
We (and our shareholders, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services,
and operation of the Site may be interfered with by numerous factors outside of our control. The Site and our services are provided "as is" and as and when available,
and to the extent permissible by law we exclude all warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any
terms or conditions as to security, reliability, completeness, accuracy, satisfactory quality, fitness for purpose, skill and care or timeliness of performance.
You agree to indemnify and hold us and (as applicable) our shareholders, subsidiaries, affiliates, officers, directors, agents, and employees,
harmless from any demand, claim, liability, damage, loss, cost and expense, including legal fees and expenses due to or arising out of your breach
or alleged breach of this User Agreement or your violation or alleged violation of any law or regulation or the rights of a third party (including other users).
16. Limitation of Liability
To the extent required under applicable law, nothing in this User Agreement shall limit or exclude our liability for fraud or for death or personal injury
resulting from our negligence or the negligence of our directors, officers, agents or employees as found by a court of competent jurisdiction.
Subject to the foregoing, we (including our shareholders, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any loss,
including economic loss, any loss of goodwill or reputation, business interruption, loss of business information or other data or any special,
indirect, incidental or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement.
We (including our shareholders, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort
(including liability for negligence) for the acts or omissions of user of the Site, providers of telecommunications or internet services or for faults in or failures
of their networks and equipment.
E-mails, mobile text messages or other communications and information that are automatically generated from information provided by users
(including transactional information on your activities on the Site such as service provider responses are not under our editorial control.
These communications may be sent and this information may be posted on the Site unedited and/or unchecked by us and therefore do not necessarily reflect our opinions
and/or beliefs and may not be accurate, and we take no responsibility for their content or any reliance placed on, or loss suffered as a result of,
these communications or information. In addition, we are not responsible for any misproduction or loss of Your Information or for information not reaching its recipient.
To the extent permitted by applicable law, you agree that, without prejudice to any claim that you may have against Servicestart, you will not bring any proceedings against our
shareholders, subsidiaries, affiliates, officers, directors, agents and employees.
In any event, after taking into account the amount of fees we may have received from you (if any), our liability to you or any third party, and the liability of our shareholders,
subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of
(a) the total fees you have paid to us in relation to the relevant posting(s) or transaction(s), and (b) £100.
If any provision, clause, sub-clause, paragraph or sentence of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the
remaining provisions shall be enforceable. You agree that Servicestart may assign, transfer or sub-contract any of its rights under this User Agreement without your consent.
You may not assign, transfer or sub-contract any of your rights under this User Agreement without the consent of Servicestart. You and Servicestart are independent contractors,
and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.
This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter and supersedes all previous communications,
representations and arrangements, either written or oral (other than fraudulent misrepresentation) and you agree that no reliance shall be placed on any explanation,
representation or information given by any party outside this User Agreement.
Except as set out in this User Agreement, a person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties)
Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is
available apart from that Act.
Unless otherwise explicitly stated, any complaints, questions or notices to Servicestart must be sent by e-mail to firstname.lastname@example.org,
and notices to you will be sent to the email address that you provide to Servicestart during the registration process (receipt is deemed 24 hours after an email is sent,
unless either of us receives notice that the email address is invalid), or by registered mail.
19. Governing Law and Legal Compliance
This User Agreement shall be governed by and construed in accordance with English law and each of us submits to the exclusive jurisdiction of the English courts
in respect of any disputes or proceedings arising out of this User Agreement.