Terms and Conditions for Customers

I. The User Agreement ("User Agreement").

The services available at https://orderwork.online/ and https://my.orderwork.co.uk are provided by OrderWork Ltd (Registered No: 05662167), of Montpelier Chambers, 61-63 High Street South, Dunstable, Bedfordshire LU6 3SF. ("OrderWork", "we", "us" or "our")

You are a user ("User") of our services. This User Agreement describes the terms and conditions applicable to your use of our services (the “Services”) available under the domain and subdomains at https://orderwork.online and https://my.orderwork.co.uk (the "Site" or “Website” or “Customer Website”). If you do not agree to be bound by this User Agreement, you may not use or access our services. We provide services to people who need Services work carried out (“Customer”) and those who have resources available to carry out work (“Service Providers”). The acceptance of this Agreement by ticking the box when confirming the Order means that you agree to be legally bound by all of the terms and conditions in this Agreement.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site.

We may amend this User Agreement at any time by giving you notice ("Notice") by either e-mail or by posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 14 days following the date of a Notice. No other amendment to this User Agreement will be effective.

Information on the Site is restricted for the sole purpose of obtaining the Services and as described in our Privacy Policy. Any other use, commercial or personal, is prohibited.

II. Definitions

In this Agreement, the following terms shall have the following meanings prescribed to them:

“Additional Fee” means payment due to OrderWork in respect of Additional Works and/or Costs and Expenses or in some cases Appointment Date/Slot change. An Additional Fee usually requires an additional payment.

“Additional Services” means other services separate from, and other than those required to complete, the Job.

“Additional Work” means work the Service Provider and OrderWork deem necessary in order to perform the Job but which goes beyond the scope of the original Job booked on the Customer Website.

“OrderWork” means OrderWork Limited, (Registered No: 05662167), of Montpelier Chambers, 61-63 High Street South, Dunstable, Bedfordshire LU6 3SF.

“Costs and Expenses” means costs and expenses incurred by a Service Provider in acquiring materials, parts and/or, supplies (but for the avoidance of doubt not tools) that are, in the opinion of the Service Provider, necessary for completion of the Job and which are not included in the fee stated when booking the Job.

“Customer” means “you”, the Buyer or the End User the service is booked for.

“Customer Website” means https://orderwork.online/ or any website or mobile application or other interface which is

• owned by OrderWork (including but not limited to https://orderwork.online/);
• operated on a white label basis by OrderWork; or
• powered or maintained by OrderWork, (each as modified and/or updated by us from time to time) for the purpose of enabling you to book Jobs and connect with Service Providers.

“Dispute” means a disagreement between you and a Service Provider that a Job has not been satisfactorily described or completed.

“Job” means the work requested by you, on the Customer Website.

“Parties” means collectively you and the Service Provider.

“Payment Service Provider” means any OrderWork’s PCI DSS Compliant Third-party payment service providers.

“Premises” means your premises where the Job is being fulfilled.

“Service Provider Website/App” means any website or mobile application or other interface which is:

• owned by OrderWork;
• operated on a white label basis by OrderWork; or
• powered or maintained by OrderWork, (each as modified and/or updated by us from time to time) for the purpose of enabling Service Providers to be notified of, and accept, sign-off on Jobs booked by Customers.

Defined terms will have the same meaning if they appear in the singular, plural, masculine or feminine or as the context requires.

Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions.

III. General Terms and Conditions

A. Eligibility and Use of our Services

1. Our Services are available only to corporate or other entities, or individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to minors, to anyone under 18 years of age. If you do not qualify, please do not use our Services.

2. As a Customer, you are entering information to request a service as provided by Orderwork – your personal information is used only for the service requested as detailed in our Privacy Policy.

3. The Customer Website is intended to be used in the United Kingdom only and as a Customer you may only book Jobs that are to be completed within the United Kingdom.

4. We reserve the right to refuse to provide access to the Customer Website to any individual, business or other entity at any time without explanation, consequence or liability.

5. We reserve the right to remove a service from the Customer Website with no obligation to give advance notice, and OrderWork shall not be liable for losses, costs or expenses arising from any such refusal or removal.

6. You assume all risk when using the Customer Website/App, including, but not limited to, any risks associated with interacting with other people. You acknowledge that OrderWork is not able to guarantee the accuracy of information provided to you by other people and that you should confirm such information to your own satisfaction before you engage with them.

7. Whilst OrderWork takes reasonable care in screening Service Providers, you are solely responsible for taking appropriate safety precautions in connection with your use of the Customer Website/App and the engagement of a Service Provider. You agree not to use the Customer Website/App in any unlawful manner and in particular you shall not:

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;
• publish, book, upload, distribute or disseminate (“Post”) any inappropriate, defamatory, abusive, infringing, obscene, discriminatory or otherwise unlawful material;
• post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any person;
• cause the Customer Website or any part of it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Customer Website/App is in any way impaired; or
• restrict or inhibit any other user from using and enjoying the Customer Website.

8. Whilst we take steps to prevent misuse of our systems, we cannot warrant that the Customer Website will be free of viruses or other malicious code or content and accept no liability for loss or damage caused from the transmission of such content or code.

B. Services, Booking and Payment

1. We provide website technology that connects customers who require home or office services to be performed, with service providers who are willing to perform those Jobs (“Service Providers”).

2. You connect with Service Providers by booking Jobs on our website which are then assigned to Service Providers who operate in your geographical area and whose services match your requirements via the Service Provider Website/App.

3. You can use our Customer Website to book a Job. Service rates will be calculated either per Hour (estimated effort time) involved or per Job as specified in the Job booking process. Each Job has a minimum price and scope and may have options associated with an additional cost and it is your responsibility to check this final price and scope before booking.

4. When booking a Job you will ensure that you give full and complete information regarding the work to be undertaken together with details of the history of items to be dealt with by the Service Provider, if any, the pre-required action from the Customer and relevant information about the premises or item(s) been worked on.

5. Service Providers are for the most part expected to supply and use their own tools and equipment. Customers however are expected to supply the Service Providers offering a cleaning service with a mop and vacuum cleaner and other reasonable arrangements can be made for other trades.

6. At the time you book a Job on the Customer Website, we collect payment automatically via our third-party payment service provider from you and for the full amount (please refer to our Privacy Policy for more information on how our provider process payment and cardholder data). OrderWork pays the Service Provider when the job has been completed and closed.

7. If we were unable to take payment successfully, we reserve the right to contact you to take the payment over the phone via our Service Desk Support Team.

8. We may, at our sole discretion, not allow you to book a Job if we are outstanding the payment for a prior Job.

9. All prices are quoted in GB Pounds Sterling. You are responsible for paying all fees associated with using our Services and Site and all applicable taxes, such as VAT, if any. OrderWork does not accept cash payments and reserves the right not to accept certain payment methods.

10. OrderWork is not an employer of Service Providers or contracting agency and operates purely as a facilitator of the service transaction between you and the Service Provider by operating the Customer Website and the Service Provider Website/App.

11. No contract exists between OrderWork and you for the fulfilment of the Jobs and OrderWork has no control over the conduct of Service Providers nor the satisfactory completion of a Job, which is solely determined between the parties.

12. You acknowledge that when you book a Job on the Customer Website you will be entering into a direct contract with a Service Provider. The terms of the contract entered into are set out below. However, the Customer and Service Provider are free to alter or modify such terms as they wish by mutual, express agreement. OrderWork is not a party to agreements entered into between you and the Service Providers.

13. It is a condition of use of the Customer Website that you acknowledge you have complete control over your own conduct and OrderWork disclaims all liability in this regard.

C. Carrying out Jobs

1. OrderWork will make suitable Service Providers in your geographical area aware of the Job you booked together with details of your requested date and time for it to be carried out. Your contact details and full address will be kept confidential until a Service Provider accepts your Job.

2. A Service Provider may accept or reject the Job and we do not guarantee that you will receive a response to a booked Job or that responses will meet the requirements you have specified. We will notify you if there are no suitable Service Providers operating in your area who are able to carry out your Job. At the point a Service Provider accepts the Job your information (including name and details of the Premises) will be provided to them.

3. For most jobs we provide an estimate of the arrival time by text and/or email which is indicative and may vary.

4. We always aim to accommodate the preferred date(s) and slot(s) provided upon booking. OrderWork and the Service Provider each reserve the right to offer alternative dates and time slots if the Service Provider is unable to comply with the original requirements of your Job.

5. The provision of any Job at an earlier time than selected on the Customer Website when booking a Job shall be subject to availability and may incur and additional fee.

6. OrderWork shall have no liability in the event that a Service Provider who accepted the Job is unable or unwilling to fulfil the Job at the requested time.

7. In the event that you do not give full and complete information at the time of booking a Job or the Service Provider is reasonably unable to assess the Job requirements remotely, then the Service Provider may, on arrival at the Premises, deem that Additional Work is required in order for the Job to be completed. In these circumstances the Customer, Service Provider and OrderWork shall agree the scope of, and fee for, such Additional Work before any work to perform the Job is commenced.

8. Additional Payments can be made over the phone with our Service Desk Support Team and always via our third-party payment service provider. Online/Phone payment is a free service and if you are unable to place a call OrderWork will call you back as prompted by the service provider through the Service Provider Website/App.

9. Do not directly pay a Service Provider or use any other payment method supported by OrderWork which is online for bookings or over the phone for any additional fee. OrderWork is not accountable for payments made without using our third-part payment service provider.

10. If, once the Service Provider arrives at your premises, you require Additional Services to be provided these must be requested via a new Job booking on the Customer Website.

11. You are advised to request sight of evidence of applicable trade accreditations, qualifications, registrations and proof of identification from the Service Provider prior to any work commencing at your Premises. Service Providers must agree to comply with any accreditation, registration, certification, qualification, experience or reasonable suitability evidence request submitted by you.

12. You agree to treat the Service Provider with respect whilst completing the Job and be polite and courteous in your dealings with them.

13. You agree to move all furniture and items to enable the Service Provider to have clear access to the Premises and for carrying out the Job.

14. You agree to place any pets in a separate room if requested by the Service Provider.

D. Cancellation

1. Notwithstanding any rights you may have to cancel any Jobs under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Protection (Distance Selling) Regulations 2000 (or any replacement thereto) you may cancel a Job via the phone or email not less than 24 hours prior to the date on which a Job is scheduled to be commenced and without charge.

2. However, you may not cancel any Jobs without being liable for a cancellation fee where at your express request, it has begun to be provided; or where you have not complied with the cancellation provisions at clause above.

3. The amount payable in respect of the cancellation fee will depend upon the time of cancellation and the type of Job booked with a minimum fee of £10.00. For cancellation terms on each service email info@orderwork.co.uk. This amount will be deducted from your refund amount.

4. Full or partial refunds may take up to 9 working days to be processed.

5. You will also be liable for a cancellation fee if the Service Provider arrives at the Premises and is unable to contact you or gain access to the Premises. The Service Provider or OrderWork will message and attempt to contact you for 20 minutes.

6. You agree to call OrderWork as soon as possible if you cannot attend the appointment as specified on the booking confirmation or subsequent ETA updates.

E. Surveys and Reviews

1. Once the Service Provider completed the Job, you will be asked to fill out a survey to rate our service providers and to make sure you are happy with the Service provided.

2. The survey responses of customers may be published on the Service Provider Website/App and may be viewed and considered by other Customers and Service Providers. Please refer to our Privacy Policy for more information on how we use your data.

3. Customers are encouraged to offer reviews on third-party open review platforms. You may receive an email and a sms to that end. We advise you to read the Terms and Conditions of the chosen platform.

4. The reviews of Customers may be published on our Customer Website.

F. Information control

We do not control the information provided by other Users that is made available through our Site. You may find their information to be harmful, inaccurate or deceptive. Please use caution, common sense, and safe business practices when using our Site.

G. Third-party links and content

Links contained on the Site may cause a User to leave the Site. Any linked websites are not under the control of OrderWork and OrderWork is not responsible for the contents of any linked website or information contained in a linked website, or any changes or updates to such website. OrderWork provides these links from the Site only as a convenience, and the inclusion of any link does not imply any endorsement of the website or any of its contents. All Users' use of materials and information in third-party websites is at their own risk.

H. Your information

1. Definition

"Your Content" means any information you provide to us or make available to other Users which is designated as being publicly available content for use on the Site. You are solely responsible for Your Content, and we act as a passive conduit for your online distribution and publication of Your Content.

2. Restricted activities

Your Content, any information you provide to other Users and your activities on the site must not:

a. be false, inaccurate or misleading
b. be fraudulent or relate to the provision of services for which you are not qualified
c. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
d. be in breach of English law or any other applicable law or regulation (including, but not limited to, those governing consumer protection, unfair competition, antidiscrimination or false advertising).
e. be defamatory, libellous, unlawfully threatening or unlawfully harassing; contain any viruses, trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
f. link directly or indirectly to or include descriptions of goods or services that are prohibited under this User Agreement
g. or consummate any transaction that was initiated using our Site that, by paying to us any fees could cause us to break any applicable law or regulation.

3. Licence

To enable OrderWork to use Your Content, you grant us a non-exclusive, world-wide, perpetual, irrevocable, fully paid-up, sub-licensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Content, in any media now known or not currently known. You also waive all moral rights you have in Your Content to the fullest extent permitted by law.

4. Data

All data derived or collected by OrderWork from our Site, including but not limited to statistical information, IP addresses, or other relevant data shall belong to OrderWork and you agree that OrderWork shall have the right to use such data as it determines in its sole discretion. This includes the right to display industry affiliations, certifications and / or preferred provider network logos, where appropriate on the Site or in User profiles. Our use of personal data is restricted to the use described in our Privacy Policy and complies with (i) until 24 May 2018, the Data Protection Act 1998, or (ii) from 25 May 2018 onwards, Regulation (EU) 2016/679 of the European Parliament on the protection of natural persons with regard to the processing of personal data and any act of UK parliament which brings this into force.

I. Access and interference

1. Our Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior written consent.
2. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any activities conducted on our Site.
3. You acknowledge that our Site and our Services are protected by our intellectual property rights. You will not take any action which might infringe those intellectual property rights.
4. You agree to receive all email/electronic transmissions sent by OrderWork in connection with or relating to the Site or our Services. You also agree that OrderWork may notify you of available Work Order(s), or Work Order updates by telephone, including automated message(s), using the telephone number(s) provided by you in your registration details.
5. Much of the information on our site is updated on a real-time basis and is proprietary or is licensed to OrderWork by our Users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior written consent of OrderWork or the appropriate third party.

J. No Warranty

We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our Site and our Services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.

K. Force Majeure

If the delivery of our Services is delayed, prevented or otherwise made impracticable by reason of any acts of God, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labour difficulties; computer "hacking" attack or computer virus; any law, order, regulation or other action of any governing authority; or any other cause beyond OrderWork's reasonable control, OrderWork shall be excused from such delivery to the extent that its delay is prevented by such cause.

L. OrderWork limit of Liability

1. Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages arising out of or in connection with this User Agreement.
2. We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
3. Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the fees, net of any irrecoverable payments we have made to our Suppliers, that you have paid to us in the one month period prior to the action giving rise to the liability.

M. Service Provider Limit of Liability

1. The Service Provider liability to OrderWork for death or injury resulting from his own negligence or that of his employees, agents or sub-contractors shall not be limited.
2. The Service Provider's entire liability to a Customer or OrderWork in respect of any breach of his contractual obligations, any breach of warranty, any representation, statement or tortuous act or omission including negligence arising under or in connection with this agreement shall be limited to the limit of their insurance or the value of the Work Order whichever is the greater, unless otherwise specified in the particular Work Order that has been accepted by the Service Provider.
3. The Service Provider shall not be liable to a Customer or OrderWork for any indirect or consequential loss a Customer or OrderWork may suffer, even if the loss is reasonably foreseeable or the Service Provider has been advised of the possibility of a Customer or OrderWork incurring it.

N. Private Engagement

1. You agree not to offer jobs (or accept offers) privately to Service Providers you have previously engaged with through OrderWork.
2. In the event you do request a Service Provider undertakes work (other than Additional Work) outside of the Customer Website and OrderWork Service Desk Support Service, OrderWork will not be able to mediate on any disputes in respect thereof, and you will not benefit from the protection offered via these Terms and Conditions in respect thereof.

O. Misconduct

If you feel a Service Provider has acted in an inappropriate way towards you, including but not limited to offensive, violent or sexually inappropriate behaviour you should immediately make a report to the appropriate authorities and then to OrderWork at info@orderwork.co.uk quoting the Order Number and postcode stated in the details of the Job. Your report may cause us to investigate such behaviour, but we are not obligated to take action beyond that which is required by law, and we will not incur any additional liability or expense.

P. Dispute

In addition to the statutory terms implied by Applicable Laws and Regulations, Orderwork will provide a minimum 14 day’s service warranty on all completed installations. If you are not satisfied that a Service Provider has completed the Job to the performance and/or quality that you may reasonably expect, you may initiate a Dispute with OrderWork and/or the Service Provider, please email us at info@orderwork.co.uk.

Q. Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, demand or loss, including reasonable legal fees, made by any third party arising out of your breach of this User Agreement or use of the Site or Services. This indemnity shall not apply where such claim, demand or loss arises solely due to (a) our negligence or (b) our breach of this User Agreement.

R. Notices

Unless otherwise explicitly stated, notices to OrderWork must be sent by registered mail to OrderWork Ltd, Montpelier Chambers, 61-63 High Street South, Dunstable, LU6 3SF, and notices to you will be sent to the email address that you provide to OrderWork during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.

S. Assignments

You agree that this User Agreement and all incorporated agreements may be automatically assigned by OrderWork, in our sole discretion, to a third party in the event of a merger or acquisition or similar corporate transaction. You may not assign, license or sub-contract any of your rights or obligations under this User Agreement.

T. Third Party Rights

A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

U. General

1. This Agreement shall be governed in all respects by the English law. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed deleted and the remaining provisions shall be enforced.
2. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise indicated, all provisions of the User Agreement shall survive any termination or expiration of this Agreement.

V. Protection of Customer Information

We process your data responsibly in line with the Applicable Data Protection Laws and our Privacy Policy.