These terms and conditions apply to your use of our services available under the domains www.yes-we-can.co.uk. If you do not agree to be bound by these terms
and conditions, you may not use or access our services.
| "Agreement" |
means this service agreement, the FAQs, and the Usage Guidelines |
| "Client" |
means a user who has the right to negotiate and execute the purchase of contractor services through the site, |
| "Contract of Works" |
means the agreement between a client and contractor comprising the client's job specification, any subsequent email negotiations, the
contractor's quotation, and the client's acceptance |
| "Contractor" |
means a user who has the right to offer contractor services and to negotiate the sale of contractor services through the site, either on his
own behalf or on behalf of a separate contractor company, |
| "Contractor company" |
means any firm, partnership, company, or other legal entity which offers its services through a contractor, |
| "Contractor services" |
means the collection of services offered by a contractor and falling within the scope of the site, |
| "FAQs" |
means the Frequently Asked Questions located at http://www.yes-we-can.co.uk/faq.asp |
| "Privacy Policy" |
means the policy to protect personal information as described at each point of collection of that information, specifically
http://www.yes-we-can.co.uk/personal-details.asp |
| "Site" |
means the collection of pages, applications, files, and databases comprising the Yes We Can online service, whether hosted on YesWeCan's public
servers, third party servers, or in private development servers, |
| "Usage Guidelines" |
means the best-usage advice, the hints, and the contextual help provided throughout the site, |
| "User" |
means any person who uses the facilities of the site to perform any lookup or searching operations on the site or the databases owned or operated by Yes We
Can,
|
| "YesWeCan" |
means Yes We Can Ltd, any parent, subsidiary, or affiliated companies, their officers, directors, agents and employees. |
| 2.1: |
You may operate the site and search the databases on the clear understanding that all information is originated by other users of the
site, and is provided by YesWeCan unchecked and in good faith. YesWeCan will not be held responsible for any errors or omissions in the information provided herein. |
| 2.2: |
You may register to use the site, and select a user ID/password combination with which to access the site. You are responsible for all actions
taken under your user ID. You may use the site only under your own user ID. You must take every precaution to keep your password secret, you must not disclose it to any other person, and you must not
permit any other person to use the site under your User ID. You must not sell, assign or otherwise transfer your user ID to any other person. In the event of a security breach, you must suspend your
account (or ask us to suspend it) immediately. |
| 2.3: |
You may operate the site and search the databases subject to the condition that all contact, discussion and negotiation between clients
and the contractors (and contractor companies) disclosed by YesWeCan must be conducted through the facilities provided on the site to registered users. In particular, no
direct solicitation or negotiation is permitted. |
| 2.4: |
YesWeCan may record your activities on the site, and such records will be used for billing purposes, as part of the feedback system, in
the site's internal programming, in the resolution of disputes, and for any other purposes necessitated by the smooth operation of the site, subject to the stipulation that no personal details will
be disclosed to any third party other than in accordance with our privacy policy or in compliance with a court order. |
| 2.5: |
You warrant that all information you post on the site is truthful, fair, and decent. YesWeCan will take no responsibility for any legal
consequences of anything you post, for example libel or misrepresentation. |
| 2.6: |
Without limiting any other remedies YesWeCan may, without notice and without giving reason, suspend your rights and permissions to use any or all of
the facilities of the site, excepting the right to access contractual information created prior to the suspension. We will suspend your account if we suspect that you have engaged in, or are about to
engage in, or have been involved with or linked to any fraudulent, menacing, offensive, abusive or defamatory activity. In exceptional circumstances (for example, a suspected security breach)
YesWeCan may suspend all rights and permissions, pending successful resolution of the circumstances. |
| 2.7: |
YesWeCan will maintain a permanent record of your job specifications and email conversations with other users of the site. Such records will be kept
at least during the currency of the conversations and any subsequent works, but may be deleted without notice after their redundancy. They will be deleted if your account is terminated for any
reason. |
| 3.1: |
The job specifications which you enter into the site (and which you may modify from time to time) will form the basis of the quotes made to you by the
contractor companies, and will be part of the contract of works. You warrant that this description is true in all respects, and describes works on properties which you have the right to
order. |
| 3.2: |
In introducing you to a contractor company, YesWeCan does not warrant that the company is offering the contractor services it is
advertising or that you require, that is has the skills or capabilities to adequately perform the services you require, nor that it is legally entitled to offer the services you require. It is your
responsibility to ensure the competence of the company before you agree to any works. |
| 3.3: |
When you agree a contract of works with a contractor using the site, the agreement is between you and the contractor, and there is no
express or implied agency, contractor or guarantor relationship involving YesWeCan. |
| 3.4: |
When you agree a contract of works between yourself and a contractor you warrant that you have the legal right to conclude contracts,
and that you have the right to order the works on the property as described in the agreement. Please note that, unless you are indemnified by whatever legal entity you represent, you are personally
responsible for all the agreements you conclude on the site. |
| 3.5: |
When you agree a contract of works between yourself and a contractor, you are responsible for enforcing the contract directly. In
particular, if you have any right, claim, or action against the contractor you agree to pursue the right, claim or action independently of YesWeCan, and you release YesWeCan from all claims,
liability, damages, losses, costs, and expenses, including legal fees arising from or in any way connected with such right, claim, or action. |
| 3.5: |
You warrant that all material entered by you into the site is your copyright, or you have obtained the necessary copyright clearances to permit
you to use the material. Copyright in all such material remains with you. You agree to grant a limited right to YesWeCan to reproduce the material as part of its normal functioning, and
additionally after the conclusion of a contract of works, you agree to grant to the contractor a limited right to use any material forming part of the contract of works free of charge as part
of his advertising on the site. |
| 4.1: |
YesWeCan will record details about you and your contractor company (a) which are provided by you, and (b) which are provided by your
clients in the form of feedback. This information will be provided to any user on-demand. It will be presented in the form of a "website" comprising one or more web pages, and will
be made available to the Internet and to external search engines. YesWeCan accepts no liability in the event that the web pages are unavailable, any chargeable service is unavailable, or that the
pages are not indexed by search engines. |
| 4.2: |
In introducing you to a client, YesWeCan cannot and does not confirm the purported identity of the client, nor that the client has the
legal right to order the works on the property. It is your responsibility to ensure the identity and the competence of the client before you commence any works. |
| 4.3: |
Details will be recorded which comprise the communication between you and your clients in the negotiation of a job. Such details will be
visible only to you and your client, and may be deleted once negotiations (and the consequent contract of works, if any) are complete. |
| 4.4: |
When you agree a contract of works between yourself and a client you warrant that you have the legal right to conclude contracts on
behalf of your contractor company. Please note that, unless you are indemnified by your contractor company, you are personally responsible for all the agreements you conclude on the
site. |
| 4.5: |
When you agree a contract of works between yourself and a client, you are responsible for enforcing the contract directly. In
particular, if you have any right, claim, or action against the client you agree to pursue the right, claim or action independently of YesWeCan, and you release YesWeCan from all claims,
liability, damages, losses, costs, and expenses, including legal fees arising from or in any way connected with such right, claim, or action. |
| 4.6: |
When you agree a contract of works with a client using the site, the agreement is between you and the client, and there is no express or
implied agency, client, or guarantor relationship involving YesWeCan. |
| 4.7: |
You warrant that all material entered by you into the site is your copyright, or you have obtained the necessary copyright clearances to permit
you to use the material. Copyright in all such material remains with you. You agree to grant a limited right to YesWeCan to reproduce the material as part of its normal functioning.
Additionally after the conclusion of a contract of works, you have a limited right to use any material forming part of the contract of works free of charge as part of your advertising on the
site. |
| 4.8: |
All contracts of work concluded on the site, and the feedback obtained from them must be genuine contracts of work between unrelated clients
and contractors. Providing counterfeit feedback to yourself, unfairly influencing clients' feedback, and other such measures which undermine the integrity of the feedback system are strictly
forbidden, and will result in "deceptive practices" feedback being recorded against you, and the suspension of your account. |
| 4.9: |
Payment for chargeable services must be made through continuous credit card payment. No invoices will be sent: invoices may be downloaded up to 12 months
after they are issued from "Your account" in the Contractor pages. In the event of non-payment, YesWeCan may suspend your chargeable services, may record "late-payment"
feedback against you, and may suspend your account. |
| 6.1: |
These terms and conditions apply to all users of the site, whether or not registered as clients, contractors, or
advertisers. You can create or revoke orders for chargeable services online, and such services will be delivered and charged in the standard chargeable units (typically 1 month). You may
revoke all your chargeable services by suspending your account, either online, or by writing to YesWeCan. Upon suspension of your account, you will remain liable for costs incurred to date,
and clauses 4.5, 5.2, 6.6, and 6.7 et al shall survive. |
| 6.2: |
YesWeCan may amend these terms and conditions (including the referenced FAQs, the usage guidelines, the privacy policy, and the
advertisers guidelines, which are incorporated into these terms ) at any time by giving you notice either by email as in accordance with clause 6.6 (when the amendment will have immediate effect), or
by posting the amended terms and conditions on the site (when the amendment will be effective 30 days after the posting). |
| 6.3: |
You may not assign, delegate, or otherwise transfer your rights or obligations under these terms to any other party without the written consent of
YesWeCan. YesWeCan may not assign, delegate, or otherwise transfer its rights or obligations under these terms to any other party, except that it may transfer its rights and obligations to a
subsidiary or holding company of YesWeCan or a purchaser of all or a substantial part of the assets of YesWeCan. |
| 6.4: |
Nothing in these terms shall create or confer any rights or other benefits in favour of any third party. |
| 6.5: |
YesWeCan does not guarantee continuous, uninterrupted or secure access to the site, and operation of the site may be interfered with by
numerous factors outside our control. YesWeCan shall not be liable for failure to perform or delay in performing any obligation or offer under these terms if the failure is caused by circumstances
outside its reasonable control. |
| 6.6: |
These terms (including the referenced FAQs, the usage guidelines, the privacy policy, and the advertisers guidelines, which are
incorporated into these terms ) comprise the entire agreement between you and YesWeCan, and supersedes all prior agreements. The failure to exercise or delay in exercising a right or
remedy under this agreement shall not constitute a waiver of the right or remedy. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies provided by law.
The invalidity, illegality or unenforcability of any part of these terms shall not affect or impact the continuation in force of the remainder of the terms. Nothing in these terms shall be construed
as creating a partnership or agency agreement between you and YesWeCan. Notices served upon you may be sent to the email address recorded in "Main contact details" on the "Your
details" page. Notices to YesWeCan must be served via first class post, air mail, or courier services to our registered address. |
| 6.7: |
This agreement shall be governed by and construed in accordance with Scottish law and you hereby submit to the exclusive jurisdiction of the Scottish courts
in respect of any dispute or matter arising out of or connected with these terms. |
