Last Updated: October 2020
Plentific Contractor Terms & Conditions
These are the terms on which Plentific Limited (company number 08275972) whose registered office is Notcutt House 36 Southwark Bridge Road, London SE1 9EU (VAT registration number GB162348022) provides its services to You, the professional tradesperson registered with Us.
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.
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 we are satisfied that they meet our requirements and the requirements of our e-wallet provider, Mango Pay:
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.
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 e-wallet 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.
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 e-wallet 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 We will be entitled to retain 10% of the Fee (or such other percentage as we agree with you in writing from time to time) for payment for Your use of the Website. 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.
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 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.
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);
5.2.7 seek authorisation from the Client for any variations in Your quote;
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;
5.2.11 comply with the terms of our Anti-Slavery policy as if it were your own policy;
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 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.
6. CONTRACTOR INFORMATION
6.1 You are responsible for ensuring that all information that is published on the Website 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.
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.
8.2 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.
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.
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.
12.1 All rights to the Website 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.
12.2 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.
12.3 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.
12.4 You may not transfer your rights under this Agreement to anyone else without our consent.
12.5 A person who is not a party to this Agreement has no right to enforce any term of this Agreement.
12.6 Any failure by Us to exercise our rights under this Agreement will not prevent us from exercising those rights subsequently.
12.7 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.
12.8 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.
12.9 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.