Terms & Conditions

TempTask Construction Planning Limited - Client Agreement

1. Introduction

This document informs you of the additional terms and conditions on which you may make use of our free introduction services via www.cp.temptask.co.uk ("our site") as a main contractor, small contractor, subcontractor, consultant or developer (a "Client" or "you") by registering on our site and using our site as a platform to source the services of Planners (" Agreement").

Please read this Agreement, our Privacy Policy and our Website Terms of Use thoroughly before using our site. By using our site, you acknowledge and agree to be bound by the terms and conditions of the Agreement and the Website Terms of Use. If there is an inconsistency between the Agreement and the Website Terms of Use, the terms and conditions of the Agreement shall prevail to the extent of the conflict or inconsistency.

Our site is operated by Temptask Construction Planning Limited, a franchise of TempTask Limited ("we", "us"). We are registered in England and Wales under company number 10433339 and have our registered office at 7 Hungate, Beccles, Suffolk, United Kingdom, NR34 9TT.

We are a site facilitating the matching of Clients who are looking for Construction Planners to carry out Construction Planning tasks ("Tasks") on their behalf with Construction Planners who are registered on our site and who are willing and able to provide such services ("CP"). We provide certain tools to facilitate

In using our site and the services we offer, you acknowledge and agree that TempTask Construction Planning:

  • is only providing a service to facilitate arrangements between Clients and CP';
  • is not a party to any contract between a Client and a CP to provide services in relation to a Task (a "Task Contract");
  • is not responsible for the delivery of any Task to you and that performance of and delivery of a Task is between you and the CP; and
  • can only go on the information provided by CP' when registering on our site and is not responsible for the quality of the CP and that it is your responsibility to vet and validate a CP.

2. Rules for registering on our site

By registering on our site and by providing information to us, you agree to the following:

  1. That we may undertake a search with Experian or another third party provider for the purposes of verifying your identity and other details provided to us. To do so, Experian or another third party provider may check the details you supply against any particulars on any database (public or otherwise), to which they have access. They may also use your details in the future to assist other companies, for verification purposes. A record of the search will be retained by us.
  2. To provide us proof of personal identification.
  3. That any personal information provided by you will be held and handled in accordance with our Privacy Policy. You agree that any personal information provided to our site may be passed to CP' to allow them to promote themselves to you in relation to a Task.
  4. That any Tasks you post on the site will solely be for work in the UK.

3. Use of our site

You will use our site to register the details of Tasks for which you require a CP and to communicate with CP' both prior to engaging a CP for a Task and, following agreement of a Task Contract with a CP, to carry out the Task. Our site provides an in-built messaging system ("Temptask Message ") for this purpose which has the facility to upload and share documentation necessary to undertake a Task. All communications with a CP must be undertaken through Temptask Message.

In respect of any documents, specifications or other information ("Task Content") that you submit to our site, as between us and you, you will retain the intellectual property rights in such Task Content. By submitting Task Content to our site, you hereby grant to us, our sub-licensees and assignees, a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use, edit, reproduce, distribute, make available to CP' and to display the Task Content by any medium or method whether now known or later developed for the purpose of the services provided via our site.

You warrant and agree that:

  1. you own or have the necessary licences, rights and consents in writing in and to any Task Content that you submit to our site and you will provide to us evidence of all such licences, rights, consents and permissions if we so request;
  2. no Task Content is or will be discriminatory based on race, colour, national origin, religion, sex, familial status or disability, or violates any applicable law prohibiting discrimination on the basis of these or other characteristics;
  3. the Task Content will not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  4. the Task Content will comply with all applicable laws and regulations; and
  5. the Task Content will not contain any Inappropriate Content.

"Inappropriate Content" means:

  • any nudity, lewd gestures or any other material that is threatening, offensive, violent, pornographic, obscene, hateful, discriminatory or that could encourage the commission of a criminal offence;
  • any material that is defamatory or libellous;
  • any material which infringes the copyright or other intellectual property rights of a third party, or which breaches any privacy rights of a third party;
  • inaccurate or false information;
  • misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our site; or
  • any other material which is considered to be inappropriate.

You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with any one of the following:

  1. any failure by you to obtain the necessary licences, rights and consents in and to any Task Content that you submit to our site;
  2. any claim by a user or any third party in connection with or resulting from the Task Content, including any claim that the Task Content infringes the intellectual property or other proprietary rights of a third party; and
  3. the inclusion of any Inappropriate Content in any Task Content.

We reserve the right to remove from our site without notice and at our sole discretion:

  1. any Task Content which we consider to contain Inappropriate Content; and/or
  2. any Task Content in respect of which we have received notification that such content infringes, or may infringe, the intellectual property rights or privacy rights of a third party or breaches a duty of confidentiality to a third party.

We reserve the right to co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any Inappropriate Content or other similar material onto our site.

4. Selection of a CP for a Task

To initiate a search for a CP for a Task, you must complete the Task details in Temptask Message. If you request a specific CP by name, Temptask will forward your request to that CP and the CP will respond via Temptask Message. A price including the CP fees and our fees will be quoted for the Task and the CP will supply a Task Contract together with any special terms and conditions which the CP might wish to apply to the Task.

If you post a Task request that doesn't request any specific CP by name, Temptask will contact a selection of suitably qualified and/or experienced CP's on its database.

As soon as reasonably practicable and in any event before the tender response date, Temptask will provide you with details of up to five CP's who would be willing to undertake the Task together with their prices for the Task, their Task Contracts and any special terms and conditions which they might wish to apply to the Task.

Whilst we will endeavour to provide the details of five CP', we cannot guarantee that we will be able to do so in respect of every Task and you acknowledge that we accept no obligation or liability to you to do so.

Once an individual CP or a selection of CP' has been submitted to you, you are responsible for vetting the CP' and for choosing a CP and establishing whether they have the appropriate qualifications and experience to carry out the Task. All communications in respect of agreement of a Task shall be direct between the you and the CP via Temptask Message and it shall be up to you and the CP to agree whether to enter into a Task Contract.

In the event that any incorrect or misleading information that a CP has provided on our site comes to your attention you must inform us immediately by email at enquiries-cp@temptask.co.uk so that we can request the CP to correct or remove it.

5. Payment of Fees

Prices and Payment

All prices for Tasks shall be quoted within the relevant fields in Temptask Message. All fees are quoted exclusive of VAT, which shall be added at the prevailing rate.

The Client will be required to make payment of the full amount of the fee for a Task to TTCP prior to the CP undertaking any Task for you. TTCP shall hold that payment until notified by the you that the Task has been completed and that payment should be released.

In the event the Client and the CP agree variations, including cancellations, to the Task during the delivery of a Task, all such variations shall be recorded on Temptask Message and any changes in the price as a result of such variation shall be quoted and agreed via Temptask Message. The CP shall not carry out any work on a variation until the Client has made payment in full for such variation via the site.

On completion of a Task, the CP will enter into Temptask Message that the Task has been completed. Within 7 days of being notified by Temptask Message that the Task has been completed, the Client must either accept or reject completion of the Task. In the event the Client fails to accept or reject completion within the 7 day period, completion of the Task shall be deemed to have occurred. Temptask shall release payment for the Task to the CP on Client confirmation or deemed confirmation that the Task has been completed. In the event the Client rejects completion of the Task, the Client and the CP must resolve their dispute in accordance with the terms of the Task Contract. If you and the CP cannot agree, you may use the Temptask dispute review procedure referred to in Clause 8 below.

Making Payments direct to CP'

No Client may make payment to a CP via any means other than via our site.

We will act as agent for the CP in facilitating your payment to the CP for a Task, however, we are not a party to your transactions with the CP. We will not be liable or responsible for any refunds or any disputes between you and the CP.

6. Feedback

When a Task is completed and we have released payment to the CP, both parties are asked to provide both qualitative feedback and a rating from 1-5 for the other party. This rating will influence your ranking on our site.

All feedback should be completed honestly and users of our site must not falsify feedback, manipulate or coerce another user by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to TTCP and we reserve the right to adjust or discount feedback where we believe such action to have taken place.

Feedback comments that contain Inappropriate Content or are reported to us as defamatory, abusive or offensive will be reviewed and may be removed at our discretion.

7. TTCP Property

All copyright, database rights, trade marks and design rights ("Intellectual Property") in our site and in the material published on it belong to us or our licensors.

You may download material from our site for the sole purposes of using our site and carrying out Tasks, but you must not copy, transmit, modify, republish, save, pass off or link to any content or material on our site without our prior written consent.

You acknowledge that access to CP' is valuable proprietary information of TTCP and that in consideration of TTCP giving you access to such CP', you agree:

  • not to collude with any CP', Clients or other third parties in posting Tasks and seeking tenders via TTCP; and
  • that for a period of 12 months following the completion of any Task, you will not engage directly any CP whose details have been provided to you in relation to that Task without first seeking the prior written agreement of TTCP.

TTCP reserves the right to terminate your registration on the site in the event you breach these provisions.

8. Claims and Dispute Resolution

You acknowledge that any claim you may have that is in any way connected with a dispute you have with a CP must be brought directly against that CP and not against us. If you have a complaint in connection with a Task Contract or provision of services, you must deal with such complaint in accordance with the Task Contract.

In the event you and the CP cannot resolve a complaint in accordance with your Task Contract, you and the CP may refer the matter to our dispute review service by completing the online dispute review forms and by both you and the CP paying the specified fee and agreeing to abide by the terms of the dispute review service.

We will use our reasonable endeavours to review the complaint in accordance with the process stated on our dispute review service but we cannot guarantee that we will be able to resolve all complaints or disputes between you and a CP.

We will only release a blocked or suspended payment following resolution of a complaint between you and a CP where we have been notified by both parties that the complaint has been resolved.

You agree to compensate us for any claims, actions, costs, expenses (including but not limited to legal costs and disbursements), losses or damages suffered or incurred by us as a result of any claim made against us by a CP, a user of our site or any other third party as a result of or in relation to your dealings with users of our site, including:

  • any error, mistake or inaccuracy, or misleading or fraudulent representation, contained in any statement, description, representation or other information made in a Task request;
  • any act or omission by you or third parties on your behalf or any failure by you to comply with any of the terms of a Task Contract between you and a CP;
  • any loss of or damage to personal possessions at your worksite or workplace; and
  • any incident or occurrence which takes place at your worksite or workplace, including any personal injury suffered by any person whilst at such worksite or workplace or as a result of your negligence.

9. Our Liability and Responsibility

We act merely as a facilitating service through which users of our site advertise services they require and Planners can offer to carry out those services and we make no representations or warranties regarding the capacity of any user of our site to enter into a Task Contract with you.

To the extent permitted by law, we hereby expressly exclude:

  1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
  1. Any loss or damage suffered or incurred by you as a result of:
    • the act or omission of any user of our site or any failure of a CP to perform or comply with any of the terms of a Task Contract between you and the CP;
    • any damage to property or death or personal injury as a result of carrying out a Task.
  1. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation:
    • any liability for loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and
    • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this Agreement affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

10. General

Interruptions in our service

Whilst we take every care to maintain the continuity of our site, the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate our site or any particular part of it.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Contractual Relationship

Nothing in this Agreement or in your use of our site creates, or is intended to establish, any agency, partnership, joint venture or similar relationship between us and you.

For the avoidance of doubt, TempTask Construction Planning Limited never acts as a principal in connection with any of the transactions or services available on or through our site.

Law and jurisdiction

This Agreement is governed by the laws of England and Wales, and the courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, this Agreement or any use of our site.

Events beyond our control

We will not be in breach of this Agreement, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, terrorist events, breakdown of systems or network access, flood, fire, explosion or accident.

Entire agreement

This Agreement, the Website Terms of Use and the Privacy Policy shall contain all the terms agreed between you and us regarding their subject matter and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between you and us prior to an Agreement except as expressly stated in this Agreement.

No Third party rights

Nothing in this Agreement is intended for the benefit of any third party, and the parties do not intend that any term of this Agreement should be enforceable by a third party either under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Invalidity

If a provision of this Agreement (or part of any provision) is found illegal, invalid or unenforceable, the enforceability of any other part of this Agreement will not be affected.

Variations

We may revise this Agreement at any time by amending this page or by publishing notices elsewhere on our site.

Notices

Any notices that you wish to send us should be emailed to enquiries-cp@temptask.co.uk . Any notices that we may wish to draw to your attention to will be emailed to the most recent contact details as provided by you through our site.



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