Mr-Skill provides an online marketplace where Customers can post their trade service needs online to receive Quotations by all types of Trade Professionals. The platform is operated by Mr-Skill Ltd ("Company", "us", "we", "our" and "ours"), registered in England No. 06468584 at 78 York Street, London, W1H 1D. The use of the Mr-Skill platform is governed by the following Terms and Conditions (hereinafter referred to as: "Conditions").
The following words and expressions are frequently used throughout these Conditions, and where they are used their meaning is as follows:
"Mr-Skill", "Website" = The internet platform operated by Mr-Skill Ltd which can be found at www.Mr-Skill.co.uk, including all the pages, content and subdomains contained therein.
"User" = Anyone making use of the Mr-Skill Services.
"Member" = A User who has registered with Mr-Skill setting up a membership account and by entering into a Membership Agreement.
"Customer" = Any person who submits or publishes a job on the Website for Tradesmen to quote on.
"Tradesman", "Trade Professional", "Tradespeople" = Any business that registers on the Website in order to quote for work posted by Customers.
"Bidder" = A Tradesman who has submitted one or more Quotations in response to an enquiry submitted on Mr-Skill.
"Quotation", "Quote" = The amount required by a Bidder and posted on Mr-Skill as the price for carrying out a Job (inclusive of relevant taxes), including any additional information entered by the Bidder using the features provided for.
"Contractor" = The bidder who was assigned the job by the customer.
"Service" = Any procedure or service that is provided by Mr-Skill to Users, which includes, but is not limited to: information, services and products provided through the Website, or by telephone or email.
"Job", "Enquiry" = A project/job posted by a Customer and published on Mr-Skill, including where applicable any supplementary supplies or services such as the delivery of materials to be provided by the Contractor and used to carry out the Job.
"Conditions" = Refers to these terms and conditions.
In order to use any functions other than searching for Jobs or using the Tradesmen directory (e.g. posting Jobs or submitting Quotations) the User is required to register as a Member.
The registration process may occur as a stand-alone process (for Tradesmen) or as part of the process when a Job by a non-Member (for Customers). In both processes, the User must expressly agree to these Conditions. By activating the entry field (tick box) and clicking the "Register now" button (for Tradesmen) or "Post job now" button (for Customers), the User accepts that the use of the services offered through this Website are bound by the terms and conditions as set out below. If you do not agree to be bound by these terms and conditions, you may not use or access our Service.
Privity of Contract: The Conditions are only directly binding between the Users and us. Save where expressly stated otherwise in these Conditions and only to the extent so stated no provision of these Conditions shall be enforceable under The Contracts (Rights of Third Parties) Act 1999 and these Conditions do not give rise to any legal contracts, claims or other benefits or protection between Users or in favour of third parties or with a protective effect for third parties. This applies also insofar as these Conditions contain provisions relevant to the relationship between the relevant Members (e.g. concerning the entry into or contents of a contract between a Customer and a Tradesman).
You agree to use the website only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else's use and enjoyment of the website. Messages, profiles, job descriptions and other content must be civil and tasteful.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("content") posted on, transmitted through, or linked from Mr-Skill, are the sole responsibility of the person from whom such content originated. You are entirely responsible for all content that you post, email or otherwise make available via the Service.
We expressly draw to the attention of Users that they should not use Mr-Skill for illegal activities. It is prohibited to post job enquiries that are in breach of the law such as involving payment by cash in hand or other method of remuneration for the purpose of not paying relevant taxes or statutory payments. This also applies to negotiations or any activities in preparation for illegal activities for such purposes, such as cancelling job postings or not assigning Jobs.
We also expressly refer to the fact that both the provision of and remuneration for services in certain sectors may be governed by statutory or other regulations and cannot therefore be freely negotiated. It is the responsibility of Members, particularly of the Bidders, to check for any such restrictions and ensure that they comply with them including where relevant drawing such restrictions to the attention of the other party.
You understand that Mr-Skill does not control, and is not responsible for content made available through the service. Furthermore, the Mr-Skill site and content available through the Service may contain links to other websites, which are completely independent of Mr-Skill. Mr-Skill makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website.
You understand that Mr-Skill does not in any way 'vet' or approve Trade Professionals who are listed on the site. We firmly believe that comments from previous customers provide the best help in deciding who to hire.
Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will Mr-Skill be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via Mr-Skill.
You acknowledge that Mr-Skill does not pre-screen or approve all content, but that Mr-Skill shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available on the website for violating the letter or spirit of the terms or for any other reason.
It is prohibited for any tradesman to pass on any of their contact details through forum messages, Quotation comments or other content posted by a Member, including image files or other files. Mr-Skill has provided express features for paying Members to disclose their contact details on their tradesmen's profile. Free Members do not benefit from disclosing their contact details unless a Customer accepts their Quotation on a job.
The membership name selected by the Member must not infringe any valid right, offend common decency or harm the rights of third parties. In addition, it must not include the term "Mr-Skill" or any similar term, an e-mail or Internet address or other Contact Data such as phone numbers. The Member's name and password are to be kept secret at all times.
It is not permitted to set up more than one Member's account for the same natural person or legal entity. A member's account is not transferrable.
You acknowledge that Mr-Skill may establish limits concerning use of the Website, including but not limited too the maximum number of days that content will be retained by the website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which you may access the website.
You agree that Mr-Skill has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. Further, we cannot and do not guarantee that the services will meet a User's requirements or that access to Mr-Skill will be uninterrupted or error-free. You also acknowledge that Mr-Skill reserves the right at any time to modify or discontinue the website (or any part thereof) with or without notice, and that Mr-Skill shall not be liable to you or to any third party for any modification, suspension or discontinuance of any services.
You agree that we shall not be liable for any loss or damages arising from the provision (or non-provision) of any part of the service, including loss of profit or consequential loss or damage.
In using the Services provided by Mr-Skill, you acknowledge that Mr-Skill is not acting as a contractor, representative, agent, broker or intermediary of any type and is not responsible for any work done. It is the responsibility of the Customer to select a suitable Trade Professional and to negotiate the terms for any work that they undertake, and Mr-Skill will not be involved or held liable for the agreement between the Customer and Trade Professional.
Notifications which the Mr-Skill system generates in connection with a Job or a Quotation are provided only for the information of the Member concerned. Where these notifications contain statements with any legal significance, these are deemed to be given by the party concerned.
Where a contract for carrying out a Job is concluded by using Mr-Skill, only the Members entering into it (Customer and Contractor) are parties to the contract for that Job. Jobs are carried out exclusively between the Customer and the Contractor.
For all matters relating to a Job, (e.g. concerning agreements as to payment, timescales or warranty claims), the Member should in all cases contact the other contracting Member.
We are not responsible for, nor obliged to receive or process, complaints against other Members nor to mediate in or resolve disputes between Members, unless the complaint concerns the performance of our legal or contractual obligations.
We are entitled to transfer our rights and obligations under these terms and conditions entirely or partially to a third party by giving not less than four weeks' notice to the Member. If the Member does not agree to the transfer, the Member can terminate the Membership Agreement with immediate effect, e.g. by closing his Member's account.
Your interactions with organisations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals.
You agree that Mr-Skill shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users on this Website, or between Users and any third party, you understand and agree that Mr-Skill is under no obligation to become involved.
In the event that you have a dispute with one or more other Users, you hereby release Mr-Skill, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
Although we make every attempt to ensure that information provided by Members through their membership profile are correct and accurate, Mr-Skill cannot guarantee the accuracy of the information on this Service, and are not liable for any problems or losses arising from errors in the content. Mr-Skill does not warrant that data posed by Members, such as information regarding identity, address, qualifications, references or solvency, are correct. Thus, it is the responsibility of each Member to check the relevant data of other Users itself, if necessary.
We recommend that any Customer, before entering into a contract with any Trade Professional, obtains confirmation of the relevant data including insurance cover, guarantees, qualifications and any other necessary document. If you suffer any problems or losses as a result of acting on the information provided outside of the Website, Mr-Skill will not be liable.
Posting a Job via our Service constitutes a non-binding request from the Customer for Tradesmen to submit Quotations for the Job posted. A Job is only assigned by a Bidder being selected to carry out the Job and his Quotation being accepted.
The Customer must describe the Job as accurately and fully as possible in the Job description when posting the Job to give Bidders a reliable basis for calculation. All Quotations and other statements as to prices, e.g. the budget stated by the Customer when posting the job, must relate to the complete Job in each case. Quotations must not be broken down into individual items, e.g. to a price per unit of time or a price per unit of area or unit of volume, unless the Bidder specifically asks for such breakdown.
It is prohibited to post Enquiries which infringe the law, the rights of third parties, the provisions of the Membership Agreement or common decency. This applies in particular to Enquiries:
We reserve the right to delete such Enquiries.
The quoting procedure refers to the time in which the Tradesmen can submit their quotations on a job listing.
Members may submit offers to carry out Jobs to a Customer only in the form of a Quotation relating to the Enquiry. Quotations may not be made through forum entries.
Each Quotation must indicate the sum which the Bidder actually intends to invoice to the Customer for carrying out the Job. Quotations must always be stated as gross sums including the applicable value added tax. This also applies even if the Customer is authorised to deduct input tax. The indication of net prices is only permitted if the Customer expressly requests or permits this. Bidders are responsible for determining any matters relevant to their calculation before submitting the Quotation, and if appropriate should - in their own interest - arrange a site meeting with the Customer to view the conditions for performance of the Job.
Submitting bogus Quotations is prohibited. We point out that fraudulent breach of this provision can be a punishable offence. We reserve the right to take such action as we reasonably consider appropriate in the event of any such activity including without limitation immediate suspension or irrevocable termination of the Membership Agreement.
The Bidder remains bound by a Quotation entered on Mr-Skill and not withdrawn through the express features provided for a period of seven days beyond the end of the job listing period (lead time). By submitting a Quotation the Bidder undertakes to carry out the Job regardless whether the Quotation is accepted while the job listing is still running, or whether it is accepted during the lead time. Once a Quotation for a Job posted on Mr-Skill been accepted by the Customer, the contact details are exchanged and accessible on their Mr-Skill account page.
Once the lead-time is over and no decision has been made, all Quotations lose their validity automatically.
Job postings and Quotations can be withdrawn using the features provided for this as long as the job listing duration has not yet ended.
Members have the opportunity to rate other Members participating in a Quotation procedure using the Mr-Skill rating system. The performance of a Job placed via Mr-Skill shall be only rated by the Members involved. The performance of a Job shall not be rated until the respective service has been completely performed. If the performance of a Job fails by fault of a Member involved, it is permissible to give a negative rating. The aim of the rating system is to build up a meaningful profile of the performance, reliability and trustworthiness of Members.
Mr-Skill is not responsible for the ratings given by the Members, or any harm done by such content.
The Members who post the ratings are directly responsible for the written evaluation. In some exceptional circumstances, Mr-Skill may remove feedback, but only at its sole discretion. Likewise, any Member of the website who submits a rating is responsible for its accuracy and legality.
All Users understand that any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the website may be banned from further use and reported to the authorities, if applicable.
Mr-Skill performs a number of checks on feedback to ensure authenticity and may at our sole discretion remove partially or fully any feedback that we cannot verify.
Mr-Skill owns all the intellectual property rights relating to the site, including the designs, text, database, graphics and layouts, and you agree not to use or copy any part thereof without our express permission.
The intellectual property rights on postings, messages, text, files, images, photos, video, sounds, or other materials ("content") Users upload to Mr-Skill are retained by the copyright owner, and these are added to the site by Users at their own risk. In doing so you are giving expressed and irrevocable permission for us to store, display and use the content.
The use of Mr-Skill for Customers is absolutely free of charge.
The use of Mr-Skill for Tradesmen depends on their Membership type. Mr-Skill offers a Free Membership for Tradesmen that comes with limited features as well as Paid Memberships for Tradesmen that come with enhanced features. The detailed features and privileges can be seen on the Overview of Membership types. (link).
The Paid Memberships for Tradesmen are intended to enable Trade Professionals to express interest in higher-priced jobs, to disclose contact details to Customers, benefit from an enhanced profile and preferential listing in the Tradesmen Directory. All Paid Memberships are paid for on a subscription basis, in advance, refunds will not be given.
If you setup an automatic agreement to pay us on a regular basis as a Tradesmen, we will take payment 3 days before the expiry date. You must cancel the agreement before this date if you do not want it to renew. To cancel the agreement you must either cancel it via the world pay system or via contact us form on the website.
From time to time Mr-Skill may change its Membership prices. Provided we give you 14 days notice of a pricing change, if you do not cancel before your scheduled renewal you have agreed to the new price.
You agree that having a paid membership does not remove Mr-Skills right to Limit or Terminate your services.
You agree that Mr-Skill has the right to change the features and privileges of paid Memberships.
You agree to receive all invoices by email to the email address you have given to us. It is your responsibility to ensure that this email address is working correctly.
You agree that Mr-Skill, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of the website, immediately and without notice, and remove and discard any content within the website, for any reason, including, without limitation, if Mr-Skill believes that you have acted inconsistently with the letter or spirit of the terms.
Further, you agree that Mr-Skill shall not be liable to you or any third-party for any termination or restriction of your access to the website.
Further, you agree not to attempt to use the website after said termination.
It is necessary to store and process personal data of the Members in order to enable the Quotation Procedures to be carried out, and in particular to facilitate the communication requirements according to these Conditions. We guarantee confidential treatment of this data as required by the relevant data protection legislation and regulations and in accordance with the Privacy policy which is incorporated into these Conditions.
We may collect and store the following personal information about you:
For more details please refer to our Privacy Policy.
These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.
If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.
Mr-Skill reserves the right to change or update these terms and conditions from time to time. As a User of the website, you are responsible for acknowledging any updates of these terms and conditions by visiting this section. Any significant changes in the terms and conditions will be followed by notification emails to all active Users. The most up-to-date version of the terms and conditions at any particular time can be accessed via a link at the bottom of each page of Mr-Skill.
