Snow Kings CONTRACTOR TERMS AND CONDITIONS 1. The Snow Kings Platform
1.1 We appreciate your use of the service provided by us through this application (the “Snow Kings Platform”). Please read these terms (the “Terms”) carefully as they govern your use of the Snow Kings Platform.
1.3 We may vary the Terms from time to time and shall post such alterations on the Website. If you do not agree to the changes made to the Terms, then you have the right to stop using the Snow Kingsi Platform, and should do so immediately. Your continued use of the Snow Kings Platform after the date the changes have been posted will constitute acceptance of the amended Terms.
2.1 Where we refer to “you” in the Terms, we mean you, any company you work for and any person or entity that accesses or uses the Snow Kings Platform or does work for a Client on your behalf.
2.2 Where we refer to “we”, “us” or the “Company”, we mean Snow Kings Ltd, a company registered in England with company number 10806959, whose registered office is at Woodhouse Farm, Swan Road, Newton Le Willows WA12 0EZ, England.
2.3 These Terms make use of the following definitions: “Client” means the person or entity which wishes to engage you to provide your services and is referred to you by us. “Contractor” means a contractor who provides snow clearing services, and who is registered on the Snow Kings Platform. “Job” means the snow clearing services required by a client as detailed in the Client’s Request for Services. The “Snow Kings Platform” consists of the Website, the Snow Kings-branded app and the content and services we make available through them via the internet or mobile devices (including smartphones and tablets). It also includes the provision by us of associated information, products and services by e-mail or your mobile device.
3.Using the Snow Kings Platform
3.1 The Snow Kings Platform is designed to enable Clients to submit to us details of Jobs for which they require snow clearing services (“Requests for Services”).
3.2.If you wish to register as a Contractor on the Snow Kings Platform, you will be required to complete the information requested, and to pay the subscription fees which are stated on the Website.
3.3.Contractors will be required to hold the necessary insurances and licences to be able to carry out the work requested, and may be required to provide evidence of such insurances and licences.
3.4.If you register with us as a Contractor and we receive Requests for Services in your local area, which means no more than a two hour travelling time from the Client’s site, we will send you details of those Requests for Services which you can then choose if you wish to accept.
3.5.Due to the requirement of fulfilling Job requests as soon as possible, the first Contractor to accept the Request for Services will be given that Job, and a binding agreement will automatically be created at that point between the Client and the Contractor to fulfil the terms of the Job as stated in the Request for Services.
4. Payments for Services
4.1.All Jobs are charged out at a fixed rate of £65 per hour (plus VAT, where applicable). Jobs will automatically include a maximum of two hours travelling time, in addition to the time spent on clearing the site.
4.2.Once a Job has been completed, the Contractor will confirm completion through the Snow Kings Platform, and confirm the number of hours spent on the Job.
4.3.The Snow Kings Platform will then automatically send out an invoice to the Client on behalf of the Contractor for the amount of your fees (the “Contractor Fee”).
4.4.The Snow Kings Platform will add our Booking Fee to your Contractor Fee and collect the combined fee from the Client.
4.5.Snow Kings will deduct its Booking Fee from the payment received from the Client before sending you your Contractor Fee.
4.6Provided that Snow Kings has received payment from a Client, we will ensure that you receive your Service Fee within 30 days of carrying out services for a Client.
5. Your Obligations to Update Us
5.1.You agree to provide true and accurate information regarding your experience and qualifications and to keep such information up to date.
5.2.You agree to inform us as soon as reasonably practicable if you have received payment from a Client, other than through the Snow Kings Platform.
5.3.You understand that we might make enquiries with any Client to ensure that you are complying with your obligations under these Terms.
5.4.Any Contractor to be found adding additional time that has not been spent on the job, or submitting any false information, will be immediately evicted from the Snow Kings Platform, and may face legal action. Snow Kings reserves the right to withhold any unpaid invoices in such circumstances, until the accuracy of any timesheets can be clarified.
6.1.You understand and agree that we may contact any Client to ask for a review of the services you have provided and that we may use such review for any purpose, including providing such review to prospective Clients and/or posting such review to the Website or the Platform.
6.2.You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, such reviews is our property, and nothing in the Terms shall be taken to transfer any such intellectual property to you. In particular, you may not use all or any part of a review for any purpose outside of the Snow Kings Platform without our written permission.
7.1.We are not obligated to make available the Snow Kings Platform services to you and we reserve the right to remove you from the Snow Kings Platform at any time and for any reason at our discretion.
7.2.Where we have made the Snow Kings Platform available, we are not obligated to send to you Requests for Services and you are not obligated to accept any Jobs. 7.3.We make no warranty that the Snow Kings Platform will provide an uninterrupted service or be error free, or that any defects will be corrected. While we take steps to prevent misuse of our systems, we cannot warrant that the Snow Kings Platform 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-malware software to protect your equipment and data.
7.4.We make no warranty as to the Clients we refer to you and are not liable for any loss or damage you may incur as a result of an introduction to a Client, including without limitation any failure by the Client to pay you for your services.
7.5.Snow Kings acts as an introducing agent and is not a party to any contract made between you and the Client. You will be responsible for all legal and regulatory requirements relevant to your contract with your Client. If any dispute arises between you and a Client, you must settle any matters directly between you. Snow Kings does not provide mediation services.
8. Limitation of Liability 8.1Nothing in the Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
8.2.If you are dissatisfied with the Snow Kings Platform, or the Terms, your remedy under the Terms shall be to discontinue your use of the Snow Kings Platform. 8.3.Other than as set out above, 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 the Terms or your use of the Snow Kings Platform. Snow kings will not be held liable for any accidents, injuries, cause of death or damage to any property at any time, whether belonging to the Contractor or the Client.
8.4.Except as expressly set out in the Terms, all conditions, warranties and obligations which may be implied or incorporated into the Terms by statute, common law, or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law.
8.5.We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, or any other economic loss.
8.6.In the event that any limitation or exclusion of liability in the Terms is not enforceable, our maximum liability to you in respect of all matters concerning or arising out of your use of the Snow Kings Platform shall be the amount of any subscription fee paid by you during the previous 12 months.
9. Intellectual Property Rights 9.1You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Snow Kings Platform (the “Intellectual Property“), including the manner in which Snow Kings is presented or appears and all information and documentation relating to it, is our property (or that of our licensors), and nothing in the Terms shall be taken to transfer any of any Intellectual Property to you.
8.0 General Terms
8.1.If any of the Terms are held to be illegal or unenforceable, such provisions shall be severed and the rest of the Terms shall remain in full force and effect.
8.2A.The Terms constitute the entire agreement and replace any previous agreement or understanding (whether oral or written, express or implied) between us in respect of the matters contained or referred to in the Terms. Each of us agree that, in entering the Terms, we have not relied on and have no remedy in respect of, any representation, warranty or other provision (oral or written, express or implied) of any person which is not expressly set out in the Terms. The only remedy available in respect of any misrepresentation or untrue statement shall be a claim for breach of contract under the Terms. This paragraph does not operate to limit or exclude any liability arising from any fraudulent or dishonest statement, act or omission.
8.3A.We reserve the right at all times to edit, refuse to post, or to remove from the Snow Kings Platform any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body.
8.4A.You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
8.5A person who is not a party to the Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in the Terms.
8.6A.No waiver by either of us shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.
8.7A.The Terms shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.
Snow Kings USER TERMS AND CONDITIONS These Terms apply to your visit to and your use of the Website and the Snow Kings App as well as to all other information, recommendations and/or services provided to you on or through the Website and the Snow Kings App. Definitions used in these Terms:
“Booking” means a booking to accept the services of a Contractor at the price and on the terms set out on the Website and in these Terms.
“Booking Fee” means the charge incurred by a Client when booking a Contractor’s services. This fee shall be 5% of the contract price, plus VAT (where applicable).
“Contractor” means a third party provider of snow clearing services, registered with Snow Kings.
“Terms” means these terms and conditions, as may be updated from time to time.
The “Services” means snow clearing services which are provided by the Contractor to the Client under the terms of a Booking.
“Services” means the Booking services provided by Snow Kings through the Website or the Snow Kings App.
“Snow Kings” means Snow Kings Ltd, a company registered in England with company number 10806959, whose registered office is at Woodhouse Farm, Swan Road, Newton Le Willows WA12 0EZ, England.
“Snow Kings App” means the software application and related services provided by Snow Kings for access through the Website or a smartphone or mobile device. “Client” means a user of the Website or the Snow Kings App, including any person creating a Booking. Where we refer to “you” in the Terms, this refers to the Client which shall include you, any company you work for and any person or entity that accesses or uses the Website or the Snow Kings App on your behalf. “Website” shall mean www.snow-kings.co.uk.
1.1 Your access and use of the Website or Snow Kings App constitutes your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
1.2 These Terms expressly supersede prior agreements or arrangements with you.
1.3 Snow Kings reserves the right to terminate these Terms or any Services with respect to you, or generally cease offering access to the Services immediately at any time without notice if (i) you are in breach of these Terms, (ii) it is impractical to give such notice in the circumstances, or (iii) in Snow Kings’s opinion, any delay in such termination would expose Snow Kings or a third party to significant risk of harm or damage, or (iv) for any other reason at its discretion.
1.4 Snow Kings may amend these Terms from time to time. Amendments will be effective upon Snow Kings’s posting of such updated Terms at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. MAKING A BOOKING
2.1Snow Kings acts as an agent to help Clients make Bookings for Services from appropriate Contractors.
2.2A Client who wishes to make a Booking will need to register a Request for Services which will include details of the job that they require, details of the Client and payment details.
2.3 Snow Kings does not act as an agent of either Clients or Contractors, we provide an introduction service which allows Clients to locate and book the services of suitable Contractors.
2.4 Snow Kings’s booking system allows you to post a Request for Services through our platform which will automatically be sent out to relevant Contractors in the local area.
2.5 The first Contractor in your area to accept the Request for Services will be granted that job, and a binding contract will automatically be created between you and the Contractor to provide the Services you have requested.
2.6 All jobs are charged out at a fixed rate of £65 per hour, per manned vehicle (plus VAT, where applicable). Jobs will automatically include a maximum of two hours travelling time, in addition to the time spent on clearing the site.
4.2 Once a Job has been completed, the Contractor will confirm completion through the Snow Kings Platform, and confirm the number of hours spent on the Job.
4.3 The Snow Kings Platform will then automatically send out an invoice to you on behalf of the Contractor for the amount of the Contractor’s fees (the “Contractor Fee”).
4.4 The Snow Kings Platform will add our Booking Fee to the Contractor Fee (together the “Invoice Fee”). We will collect the Invoice Fee from the credit card details you have provided to us.
4.5 Snow Kings will deduct its Booking Fee from the Invoice Fee and send the Contractor Fee to the Contractor.
4.6 Once a Booking is created, that Booking amounts to a legally binding contract between the Client and the Contractor for the provision of the Services. For the avoidance of doubt, Snow Kings does not itself provide Services, and is not a Contractor. Snow Kings acts as intermediary between the Client and the Contractor and is not a party to any contract agreed between you. If any dispute or disagreement arise, it must be settled directly between the Client and the Contractor. We do not provide any mediation services. 4.7Payments for Services must be paid by bank transfer through the Snow Kings Platform only. Clients are not permitted to pay for Services with cash or any other method of payment outside of the Snow Kings Platform.
5.1 You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Snow Kings; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third party services and content
User provided content
5.3 Snow Kings may, in its sole discretion, permit Clients from time to time to submit, upload, publish or otherwise make available on the Website or Platform text, audio, and/or visual content and information, including reviews and feedback related to the Services or Contractors
5.4 Any Client Content provided by you remains your property. However, by providing Client Content to Snow Kings, you grant Snow Kings a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Client Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Snow Kings’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
5.5 You represent and warrant that: (i) you either are the sole and exclusive owner of all Client Content or you have all rights, licenses, consents and releases necessary to grant Snow Kings the license to the Client Content as set forth above; and (ii) neither the Client Content nor your submission, uploading, publishing or otherwise making available of such Client Content nor Snow Kings’s use of the Client Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.6 You agree to not provide Client Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Snow Kings in its sole discretion, whether or not such material may be protected by law. Snow Kings may, but shall not be obligated to, review, monitor, or remove Client Content, at Snow Kings’s sole discretion and at any time and for any reason, without notice to you.
6. DISCLAIMER AND LIMITATION OF LIABILITY
6.1 Snow Kings disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Snow Kings makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free.
6.2 Snow Kings does not guarantee the quality, suitability, safety or ability of Contractors. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
6.3 Snow Kings shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury and death or property damage related to, in connection with, or otherwise resulting from any use of the Services. Snow Kings shall not be liable for delay or failure in performance resulting from causes beyond Snow Kings’s reasonable control. In no event shall Snow Kings’s total liability to you in connection with the services for all damages, losses and causes of action exceed the amount of the Booking, or one hundred pounds (£100), whichever is lesser.
6.4 The limitations and disclaimer in this section do not limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
6.5 You agree to indemnify and hold Snow Kings and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with: (i) any misuse by you of the Services or any Services arranged by you though the Website or the Snow Kings App; (ii) your breach or violation of any of these Terms; (iii) Snow Kings’s use of your Client Content; or (iv) your violation of the rights of any third party, including Contractors.
7.1 If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In such event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision.
7.2 These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior agreements regarding such subject matter.
8. APPLICABLE LAW AND JURISDICTION
8.1 These Terms and use of the Services shall be governed by the laws of England and Wales.
8.2Any dispute, claim or matter of difference arising out of or relating to the Services or these Terms is subject to the exclusive jurisdiction of the courts of England and Wales.