1.1. Please read this Agreement carefully before You begin providing services (‘Services’) as it will apply to Your relationship with Plentific and the clients to whom you provide the Services (‘Clients’). We recommend that You print a copy of this Agreement for future reference. If You do not agree (or cannot comply) with this Agreement, You must not provide the Services.
1.2. We expect to need to update or amend this Agreement from time to time. We will make every effort to communicate these changes to You via e-mail or notification via our website at https://plentific.com/ (‘Website’). By continuing to use the Website, You agree to be bound by the terms of any updates and amendments.
1.3. You are fully responsible and liable for all Services that you provide to Clients either yourself or by way of an employee or sub-contractor. Plentific’s responsibilities are limited to advertising Client requirements for Services; enabling you to bid for those Services; and facilitating payment to you (on behalf of the Client) when the Services are properly complete.
1.4 By downloading any of our mobile applications (each, and together, the ‘App’) you agree to be bound by the end-user licence provisions set out at clause 10.
2. ONLINE ACCOUNT AND VERIFICATION
2.1 You may submit a request for an account with Plentific using our Website. As part of your submission you will be asked to provide:
2.1.1 details of the types of services that you are qualified to provide (‘Service Criteria’);
2.1.2 details of the service categories selected by You from time to time from our list of service types (‘Service Types’); and
2.1.3 verification documents to meet our ‘know your client’ requirements.
2.2 Your account will only become active once you have provided the following verification documents to us and such documents meet our requirements and the requirements of our payment facility providers (being Mango Pay, Stripe and/or any other online payment facility provider as may be provided via the Plentific platform from time to time):
2.2.1 If You are a limited company, your company registration number and the names of everyone holding 25% or more of the shares in that company (and in any company which owns the company);
2.2.2 If you are VAT registered, your VAT number;
2.2.3 The name of your representative for legal, tax and regulatory matters and where you are not a limited company, proof of identity (passport or UK driving licence) and of his/her residential address (recent utility bill, council tax, bank statement);
2.2.4 Where you are required by law to hold insurance, evidence of valid public liability and professional indemnity insurance, which You must review annually to ensure it remains suitable to Our requirements.
2.3 We may undertake due diligence checks using an independent third party, including checking the details supplied by You against those held by credit reference agencies.
2.4 We will notify you by e-mail when your account becomes active or if we are unable to make your account active.
3. EXPRESSING INTEREST, SHORTLISTING, QUOTING AND ACCEPTING JOBS
3.1 Once your account is active, We will notify you from time to time of Services in Your selected Service Types required by Clients and which match your Service Criteria (each a ‘Job’).
3.2 In return for paying the number of Service Credits specified against a Job (‘Bid Price’), You will have an opportunity to express interest in that Job to the Client. A ‘Service Credit’ has the value that We give to it from time to time on our Website or by written agreement with You, the current value being £1.
3.3 You will only be able to express interest when the amount showing on Your Plentific account is sufficient to cover the Bid Price and this amount will be deducted from your account when you do express interest. By giving us the details of a debit/credit card when you register, You authorise Us (or our payment facility provider) to take payment of such amounts from time to time as are necessary to return Your Plentific account to £25. If for any reason We are not able to take payment, We may suspend your account (see clause 9.1.2). Amounts payable under this clause are not refundable by Plentific.
3.4 If the Client cancels a Job before award of the Job, an amount equal to the Bid Price will be returned to Your Plentific account.
3.5 Once shortlisted, You will have the opportunity to quote for the Job. You understand that Plentific cannot influence the outcome of a shortlisting and gives no guarantee that the Client will select You for the Job.
3.6 If we negotiate a Job with you outside the Website, then once that Job is agreed, we will upload it to the Website and these terms and conditions (together with any additional terms agreed between us) will apply to that Job.
3.7 In some circumstances, a Client may engage Plentific to award a Job to You on behalf of the Client. In that situation:
(a) You acknowledge that the only two parties to the contract in relation to that Job are You and the relevant Client and that Plentific shall not be a party to such contract; and
(b) You indemnify and hold harmless Plentific against all costs, losses, damages and legal fees arising out of or in connection with any Client claims or third party claims of any kind in relation to any actual or alleged breach of such a contract.
4. CHARGES AND PAYMENT TERMS
4.1 We will facilitate payment for a Job once the Client notifies us that the Job is properly complete and pays to us (or our payment facility provider) an amount equal to the fee for that Job (‘Fee’) agreed by You and the Client by way of our Website (or where we agree the fee on behalf of the Client, off Website).
4.2 For payment for Your use of the Website, we will be entitled to retain: (i) 10% of the Fee and any additional charge as is indicated to you on the Website when the Job is notified to you, or as we agree with you in writing from time to time; or (ii)or such other percentage and/or additional charge as is indicated to you on the Website when the Job is notified to you, or as we agree with you in writing from time to time. You acknowledge and agree that any person that accepts a Job using your account on the Platform has the full authority to do so on your behalf. We will pay the balance due to you upon our receipt of the Fee from the Client.
4.3 All of our charges are subject to VAT where applicable.
4.4 We may in our sole discretion change the rate of any charges by giving you 30 days’ notice.
4.5 If the agreement between you and the Client allows for payment for a Job by instalments then this clause will apply to each instalment.
4.6 By entering into this Agreement you accept the terms and conditions of:
(a) the MangoPay Framework Contract for Payment Services available at https://www.mangopay.com/terms/PSP/PSP_MANGOPAY_EN.pdf which shall apply to all payments made under this Agreement;(b) the Stripe terms and conditions available at https://stripe.com/gb/legal; and(c) the terms and conditions of any other payment facility provider as may be provided via our Website from time to time, and in all cases in accepting such terms you are entering into a contract with the relevant payment services provider, and you acknowledge that Plentific is not a party to such contract.
5. CONTRACTOR OBLIGATIONS
5.1 By registering with Us you confirm that the following are and will remain true statements:
5.1.1 You have the authority to enter into this Agreement.
5.1.2 At all times, You and, where applicable, your staff and sub-contractors have all the necessary qualifications, trade memberships and professional experience required to provide the Services falling with the Service Types and in accordance with the Service Criteria. You undertake to check these periodically as mandated by relevant Regulators or incase of no Regulator a minimum of every 30 days. This includes, but is not limited to, You and, where applicable, Your staff and sub-contractors to:
be listed on the Platform including documenting all relevant training certificates attributed to each individual;
only provide Services if you have a clean DBS background check and to ensure DBS checks shall be renewed every three years;
undertake the relevant asbestos awareness training and to repeat refresher training courses every 12 months;
5.2 You promise at all times to:
5.2.1 comply with all terms agreed between You and a Client;
5.2.2 respond to Clients and their tenants in a timely and professional manner and keep them updated as necessary;
5.2.3 submit only accurate bids, including the required level of detail;
5.2.4 only bid on Jobs that You have capacity to carry out;
5.2.5 schedule Jobs promptly after winning them;
5.2.6 update Job status promptly (including giving the scheduled date for a Job and marking it as complete);
5.2.6A use all reasonable care and skill to carry out completion reports including but not limited to adding supporting evidence to facilitate the Client to confirm Job is properly complete and make payment;
5.2.7 seek authorisation from the Client for any variations in Your quote;
5.2.7A use all reasonable efforts to carry out quote variations including but not limited to adding supporting evidence to minimise the risk of payment disputes;
5.2.7B acknowledge and attend all recalls within 5 working days;
5.2.8 only contract with the Client via the Website;
5.2.9 only contact tenants of the Client as required to schedule the Job;
5.2.10 comply with Our Website User Terms at https://www.plentific.com/terms;
5.2.11 comply with the terms of our:
a) Complaints policy;
b) Fraud Prevention policy;
c) Code of Conduct;
d) Health and Safety Induction Declaration;
as if it were Your own policies (You can view these policies by clicking on the relevant links);
5.2.12 comply with all applicable laws relating to the provision of the Services including without limitation all laws, statutes, regulations and codes relating to health and safety, anti-bribery and corruption;
5.2.13 obtain and maintain in respect of all Your business activities and personnel all licences, consents, authorities and insurances that are either necessary or in accordance with good business practice;
5.2.14 promptly report to Plentific any request or demand for any undue financial or other advantage of any kind received by You in connection with the performance of any Services under this Agreement, and you agree that you are responsible for compliance with each of the above provisions by your employees and sub-contractors.
5.3 You must:
5.3.1 inform Us immediately if Your Service Criteria or Service Types change;
5.3.2 if you are not able to access a property to undertake a Job, notify the Client immediately and arrange a new access time and an appropriate call-out fee;
5.3.3 notify us if you wish to exercise Your right cancel a quote at any point before it is accepted by the Client by way of our Website;
5.3.4 comply with any additional procedures that we introduce from time to time by way of our Website to meet the requirements of the Clients.
5.4 You are responsible for recovering from the Client any costs incurred by you as a result of the Client failing to comply with its obligations under the terms agreed between You and a Client (including providing You with access and or meeting with You as agreed). Plentific is not responsible for these costs.
5.5 You are required to complete the risk assessment template provided to you by Plentific (the “Risk Assessment Template”) and carry out a full risk assessment for all activities carried out under any Job. The Risk Assessment Template is provided as a guide to ensure the implementation of appropriate safe working practices and compliance with the highest levels of health and safety standards. You acknowledge and accept that You are solely responsible for the provision of Services and ensuring that an appropriate risk assessment for all activities is undertaken, and shared with the Client, prior to undertaking any Job.
5.6 You agree to ensure that You apply appropriate best in class methodology to evaluate and guarantee the quality and fitness for purpose of the risk assessment carried out, including collecting, recording, and providing to the Client, any appropriate information required (in addition to that collected on the Risk Assessment Template) to ensure and demonstrate that a full appropriate risk assessment has been and is undertaken in respect to the completion of the activities required under any Job (and any revision to the activities required under that Job), including highlighting the steps to be taken by all parties to control identified risks. You agree to defend and hold Plentific (and any other person or business connected to or associated with Plentific) harmless, and shall indemnify Plentific and keep it indemnified, in full, against any claim, monetary penalties or fines and all liabilities, costs, expenses, awards, damages and losses (including any direct, indirect or consequential losses, loss of profit, sales, revenue, or business, loss of agreements or contracts, loss of reputation or damage to goodwill, and all interest, penalties and legal and other reasonable professional costs and expenses, costs of investigation, litigation, negotiation, mitigation, mediation, settlement, judgment, fines, and remedial and enforcement actions suffered or incurred by Plentific (and any other person or business connected to or associated with Plentific)) arising out of or in connection with any claim resulting directly or indirectly from Your provision of Services or any failure to carry out an appropriate risk assessment in respect to any Job.
6. CONTRACTOR INFORMATION
6.1 You are responsible for ensuring that all information that is published on the Website and/or Platform about You and/or provided to Plentific (‘Contractor Information’) is at all times accurate, lawful, correct and not misleading and that you have the rights required to publish it on the Website. This may mean that you have to update the Contractor Information and you agree that we are entitled to request regular updates of the Contractor-Information from you. In particular, You should always ensure that:
6.1.1 The information provided by You under clause 2.2 as part of Our verification procedures is up-to-date and that We are notified of any changes in the people that own Your business; and
6.1.2 You have the right to use any photographs that You upload to the Website.
6.2 You license us to publish the Contractor Information on the Website and to amend it at our discretion.
6.3 You agree to our use of search engine optimisation services and other mechanisms including use of Your trading name or any brands used in connection with your Services.
6.4 As the Client, as a matter of law, will not be bound by any terms and conditions in respect of a Job if those terms and conditions were not brought to its attention prior to the commencement of the Services, you should include Your terms and conditions of supply on the ‘Contractor Page’ that you can access through your account. We prefer that these terms and conditions are shown on the Contractor Page itself but if this is not reasonably possible then You may provide them on a link which is only one click away from Your Contractor Page. No other links are permitted on your Contractor Page.
6.5 Where the Client requires you to provide information as to Disclosure and Barring Service searches, You confirm that the information you provide is complete, accurate and up-to-date at all times.
6.6 You agree that we are authorised to share with the Client any business information that you provide to us (for example, your health and safety policy).
7. HIGH CONTRACTOR STANDARDS
7.1 You agree that you will not contact a Client to whom you have been introduced by us except through the Website (other than as necessary to complete a Job that has been awarded to you via the Website). You confirm that if You breach this clause then We shall be entitled to estimate the fee that we would have charged in respect of a job with the Client and either to recover that amount from you or to subtract it from sums that We owe to You.
7.2 You agree to provide quality services to each Client and to deal promptly with any enquiries, matters or issues relating to Jobs, including Client complaints.
7.3 You are directly responsible to the Client for any failure on your part to meet the Client’s expectations, including any legal liability which arises in respect of the provision of the Services.
7.4 We shall refer any Client complaint that we receive to You. You agree to acknowledge each complaint with the Client within 48 hours of receipt, whether the complaint has come directly from the Client or via Plentific.
7.5 You agree to do your best to reach a resolution to any complaints from the Client within 14 days and to keep Plentific informed of the progress and status of any complaints.
7.6 Our Website includes a reviewing platform (over which Plentific has no control), upon which Clients may post publicly viewable reviews about their experiences in relation to the Services provided by You. You can reply to reviews and You promise that all replies will be polite, professional, non-threatening, non-confrontational. We reserve the right to remove or amend your replies if they do not meet these requirements. Your rights in relation to any Client content are limited to referring defamatory content (or content which in some other way is a violation of any person’s legal rights) to Us. We will take any action we consider appropriate, in our absolute discretion.
8. PRIVACY AND DATA PROTECTION
8.2 In order to complete a Job, it may be necessary for you to process personal data on behalf of the Client. In these circumstances, the Client will be the controller of the data and you will be the processor. The Client will require You to agree to terms in relation to that processing in order to ensure that you both comply with the General Data Protection Regulation and the Data Protection Act 2018.
8.3 Where Plentific provides services to You under this Agreement, the parties acknowledge that for the purposes of the Data Protection Legislation You are the Data Controller and Plentific is the Data Processor in respect of Personal Data Processed in the services.
8.4 Each party shall comply with its obligations under Plentific’s data processing agreement at https://www.plentific.com/en-gb/terms/dpa.
8.5 Where You are the Data Controller, You warrant that you have obtained all rights and consents necessary for Plentific to Process the Personal Data in accordance with this Agreement, and that You have sole responsibility for ensuring the accuracy, quality, integrity, legality, reliability, relevance, and appropriateness of all such Personal Data.
8.6 You acknowledge and agree that Plentific may use the Personal Data to create anonymised generic data which is not itself Personal Data and that Plentific shall be entitled to use that generic data at its discretion.
8.7 In this clause:
8.7.1 “Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).
8.7.2 The terms “Personal Data”, “Data Controller”, “Data Processor” and “Processing” have the meanings given to them in the Data Protection Legislation.
9. YOUR PLENTIFIC ACCOUNT STATUS
9.1 You understand that in certain circumstances, we can change your account status and the services that we provide to You as follows:
9.1.1 Active: you can access our full service on the Website;
9.1.2 Paused: You do not receive information as to new Services requests but can use our Website to manage existing Jobs;
9.1.3 Suspended: You cannot access any new or existing Jobs; and
9.1.4 Deactivated: You no longer have access to your account. We may give you this status if you are in breach of important obligations, in particular those set out in clauses 5 and 7.
9.2 A change in status will not affect any amounts held on your account in respect of Service Credits.
9.3 If you notify us that you no longer wish to hold an account with us, then we shall as soon as practicable, delete your account and remove your content from our Website.
10. END USER LICENCE TERMS FOR THE APP
10.1 This clause shall apply if you download and/or use the App.
10.2 For the purposes of this clause, Documentation means any documentation supplied by us in relation to the App.
10.3 The ways in which you can use the App may also be controlled by the rules and policies of the app store from which you downloaded the App.
10.4 Subject to your compliance with these terms, you may download or stream a copy of the App and view, use and display the App for your internal business use only, and receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
10.5 From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
10.6 By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our App and our services.
10.7 The App may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use this App, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may stop us collecting such data at any time by turning off the location services settings.
10.8 The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
10.9 You agree that you will: except as otherwise permitted in these terms, not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us; not copy the App or the Documentation except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security; not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or the Documentation nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms; not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program; and comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
10.10 You further agree that you will: not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, or any operating system; not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these terms); not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App ; not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and not collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App.
10.11 The App is provided for general information and business purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.
10A TRIAL FEATURESNotwithstanding any other terms in this Agreement, the Contractor hereby agrees to the following terms in respect of the features labelled as “Beta” on https://app.plentific.com/uk/contractor/0/lp-premium-beta (“Trial Feature”):10.1A. each Trial Feature is made available by Plentific for the Contractor’s use strictly on a non-exclusive, revocable, non-transferable, non-sublicenseable, trial basis, solely for the Contractor’s internal business purposes;10.2A each Trial Feature may be discontinued or modified at any time by Plentific in its sole and absolute discretion (without liability to the Contractor);10.3A each Trial Feature will initially be provided for free, but Plentific shall be entitled to start charging a fee for the Contractor’s continued use of any Trial Feature at any time by providing notice to the Contractor, and if the Contractor does not wish to pay the fees proposed, its right to use the relevant Trial Feature will terminate;10.4A the Contractor shall not: (a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted by these terms, attempt to: (i) use, copy, modify, duplicate, adapt, vary or create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Trial Feature, in any form or media or by any means; or (ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Trial Feature; or (b) access all or any part of the Trial Feature in order to build a product or service which competes with the Trial Feature and/or the Trial Feature; or (c) use the Trial Feature to provide services to third parties; or (d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Trial Feature available to any third party;10.5A the Trial Feature is provided "as is" and Plentific gives no condition, warranty or other term whatsoever, either express or implied including, without limitation, any condition, warranty or other term as to the condition of any code, or as to merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or use of reasonable care and skill;10.6A Plentific: (a) does not warrant that Contractor's use of the Trial Feature will be uninterrupted, error-free or completely secure; (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and Contractor acknowledges that the Trial Feature may be subject to limitations, delays and other problems inherent in the use of such communications facilities; and10.7A save for death and personal injury caused by Plentific’s negligence and fraud, Plentific shall have no liability of any kind in any circumstances whatsoever to Contractor in respect of the Trial Feature. In particular, Plentific shall have no liability in any circumstances whatsoever for any data loss or corruption and the Contractor agrees that it has sole responsibility for protecting its data and systems during its use of the Trial Feature.
As a result of our business relationship, we will each have access to the other’s confidential information. We agree to use that information solely for the purposes of this Agreement and to protect the information to at least the same levels as those that we apply to our own information.
Except to the extent that we may not limit or exclude our liability by law, we limit our liability to you in respect of any claim solely to direct losses and to an amount equal to the amounts paid by you for our services in the twelve months preceding the claim.
13.1 All rights to the Website, the App and the content on it (except for your content) and all other intellectual property rights belonging to or licensed to Plentific remain vested in Plentific at all times. Nothing in this Agreement shall give You any rights in respect of any such intellectual property rights.
13.2 Any communications with Us should, wherever possible, be by way of our Website. We will use the contact details that are included in your account details.
13.3 We are independent contractors dealing at arm’s length. Nothing in this Agreement shall make us partners, joint venturers or co-owners or shall make You our agent.
13.4 You may not transfer your rights under this Agreement to anyone else without our consent.
13.5 A person who is not a party to this Agreement has no right to enforce any term of this Agreement.
13.6 Any failure by Us to exercise our rights under this Agreement will not prevent us from exercising those rights subsequently.
13.7 If any term of this Agreement is found to be illegal, invalid or unenforceable under any applicable law, that term shall be deleted and shall not affect the legality, validity or enforceability of the remaining terms.
13.8 This Agreement contains all the terms agreed between the parties regarding its subject matter and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
13.9 This Agreement shall be governed and interpreted in accordance with the laws of England and Wales. The parties submit to the exclusive jurisdiction of the English courts to settle any dispute arising out of or in connection with this Agreement.