Terms and Conditions (the “Terms”)
Last Updated: March 2018
These terms and conditions cover the rights and responsibilities between: (i) you, as a UK user, (“Client”); (ii) the individual providing the services (“Grafter”); the Client and Grafter are collectively referred to as “You” and (iii) GrafterNow Limited, a company incorporated in the United Kingdom under company registration number 10497778 (“GrafterNow”, “We” or “Us”) in respect of any services required by a Client and provided by a Grafter via our website: www.grafternow.com (the “Website”) or our mobile application (the “App”). The Website and App are collectively known as the “GrafterNow Platform”.
These Terms apply to both the Client and the Grafter.
The GrafterNow Platform allows the Client to request, book and pay for a broad range of on demand casual, ad hoc services (the “Services”) provided by Grafters under a separate work agreement between the Client and the Grafter. Our Platform also contains help and frequently asked questions to assist you with using the GrafterNow Platform.
The Services booked by a Client via the GrafterNow Platform are the sole responsibility of the Grafter who provides such Services. We act only as a facilitation platform for the booking and payment of such Services and are in no way responsible or liable to the Client for the actual Services that are performed.
Use of your personal information submitted to us is governed by our Privacy and Cookies Policy. Additionally, by using the GrafterNow Platform, you acknowledge that internet transmissions are never completely private or secure and that it is always possible that any message or information you send using the GrafterNow Platform may be read or intercepted by others.
We are in no way bound by any promises or claims made either in writing or verbally by a Grafter or Client to the extent that they purport to bind Us to any additional terms not contained herein.
We may amend these Terms from time to time and you should check the Terms each time You use the GrafterNow Platform.
The Client is entirely responsible for taking the necessary precautions to protect both personal safety and property when engaging the services of a Grafter.
Neither the Client or the Grafter is allowed to:
- republish, redistribute or re-transmit the GrafterNow Platform;
- copy or store the GrafterNow Platform other than for your use as permitted by these terms and conditions and as may occur incidentally in the normal course of use of your browser or mobile device;
- store the GrafterNow Platform on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the GrafterNow Platform;
- remove or change any content of the GrafterNow Platform or attempt to circumvent security or interfere with the proper working of the GrafterNow Platform or any servers on which it is hosted;
- use the GrafterNow Platform in a way that might damage our name or reputation or that of GrafterNow.
2. Clients: How to make a booking
On accessing the GrafterNow Platform Clients will be asked to create an account by providing their email address and a password.
To make a payment via the GrafterNow Platform we also require the Client to provide payment details through our payment partner, Stripe.Com (see their terms https://stripe.com/gb/connect-account/legal) ('Payment Partner'). The Client can use all major credit and debit cards and as part of registration with the GrafterNow Platform the Client will be required to agree to a pre-authorization check to ensure that the card is genuine and valid.
Some card providers request to the Client’s issuing bank for either 1p or £1 by way of authorisation (different banks permit different amounts) to verify that the card is issued and the bank will allow it to be authorized. These authorisation charges are only temporary and will drop off your statement, so in essence it's not really a charge.
For the avoidance of doubt however, no payment beyond the verification amount is taken from the Client’s nominated card until the Client has authorized payment through the GrafterNow Platform on completion of the work.
Once the Client account has been set up the Client is then able to request Grafters for the Services required.
Once the Client has selected the Grafter that the Client wishes to perform the Services and agreed the fee, the Client will be able to enter into a separate Work Contract between the Client and the Grafter.
On completion of the Services if the Client elects to pay via the GrafterNow Platform the Client authorizes payment of the fee which is then taken from the Client’s chosen payment card. At this stage the Client will also be charged our platform fee (as set out on the GrafterNow Platform) in addition to the total Grafter payment. This concludes the transaction between the Client and the Grafter and Us. At this stage the Client will be asked to rate and review the Grafter’s performance. The Grafter also has the ability to rate and review the Client at this stage as well.
If You require further Services, the GrafterNow Platform allows you to re-engage the same Grafter that You used previously or to select a different Grafter. Each time you request Services a separate contract must be entered into between You and the Grafter.
You may cancel the Services you have requested at any time prior to their commencement however, should you do so on the day before that on which the Services are due to commence you will be charged a £5 cancellation fee.
4. Terms applicable specifically to Grafters
A Grafter will be required to create an account on the GrafterNow Platform before being able to create a profile, detail the services the Grafter is prepared to offer and accept a request for Services.
In accepting these Terms the Grafter represents and warrants on an ongoing basis that you are: (i) over the age of 16 years; (ii) entitled to work in the United Kingdom; (iii) do not have any criminal convictions; and (iv) are not registered for the purpose of VAT.
We are under no obligation to provide the Grafter with a minimum number of requests for Services however, from time to time We may connect the Grafter with Clients who require Services and the Grafter will be entitled to express an interest in carrying out such Services for the fee shown on the Client’s request. If selected by the Client to perform the Services the Grafter will be required to enter into a separate Work Contract directly with the Client before the commencement of the Services.
Once we have been notified via the GrafterNow Platform that the Services have been completed to the Client’s satisfaction we shall arrange payment to the Grafter to the bank account given during the set up of the Grafter’s account. The timing of payment will be determined by the processing by our payment partner and the Grafter’s bank.
On completion of the Services the Grafter and the Client will be asked to provide a rating of each other, which will be capable of being viewed by others on the GrafterNow Platform.
The Grafter will be solely liable to a Client for the Services that are performed. In no way will We be liable to either the Client or to the Grafter. The Grafter will also be solely liable for any personal taxation that may apply as a result of you being paid for the Services. Accordingly, the Grafter shall indemnify Us and keep Us indemnified from and against all losses, damages, liabilities, claims, costs and expenses (including reasonable legal costs) which are incurred or suffered by Us out of or in connection with: (i) any breach of the Grafter’s warrants and representations; (ii) the Grafter’s performance of the Services; and (iii) payment for the Services including, but not limited to any income taxes or other taxes, national income, social security or other contributions, awards, compensation or damages which may apply as a result of being paid for the performance of such Services.
The Grafter acknowledges and confirms that they are an independent self employed contractor and nothing in these Terms or the Services that the Grafter provides via the GrafterNow Platform is intended to, or shall be deemed to establish any relationship of: joint partnership; agency; employer and employee; or worker and hirer between the Grafter and Us under any circumstances.
5. Limitation of Liability
Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation or any other liability that cannot lawfully be excluded or limited.
If You are dissatisfied with the GrafterNow Platform your only remedy under these Terms shall be to discontinue your use of the GrafterNow Platform. Without limiting the preceding sentence we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
Other than as set out in the two paragraphs immediately above, We shall not be liable in contract, tort, negligence, statutory duty, misrepresentation or otherwise for any direct or indirect loss or damage whatsoever arising from or in any way connected with these Terms or your use of the GrafterNow Platform.
Except as expressly set out in these Terms all conditions, warranties and obligations which may be implied or incorporated into these Terms by statute, common law or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law.
We shall not be liable for: (i) loss of revenue; (ii) loss of profit; (iii) loss of anticipated savings; or (iv) any other indirect, economic or consequential loss.
In the event that any limitation or exclusion of liability in these Terms is not enforceable then we shall not be liable to you for more than £500 in aggregate in respect of all matters concerning or arising out of your use of the GrafterNow platform.
Nothing in these Terms creates an obligation for Us to make direct introductions between Client and Grafter and we reserve the right to suspend, restrict or terminate your access to the GrafterNow Platform at our sole discretion.
We make no warranty that the GrafterNow Platform will provide an uninterrupted service or be error free or that any defects will be corrected.
We make no warranty as to the quality, suitability or otherwise of the Grafter to provide the Services and are not liable to the Client for any loss or damage You may incur as a result of being connected to a Grafter.
7. Intellectual Property Rights
You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the GrafterNow Platform (the “Intellectual Property”), including the manner in which the Website or the App is presented or appears and all information and documentation relating to both the Website and the App, is our property (or that of our licensors) and remains vested in Us at all times and nothing in these Terms shall be taken to transfer any Intellectual Property to either the Client or Grafter.
8. Data Protection
We shall comply with all applicable data protection legislation and ensure that at all times when We are processing personal data We take all appropriate technical, operational, managerial, physical, organisational measures in accordance with prevailing practices of care, skill, professionalism and diligence to safeguard against unauthorised or unlawful processing of personal data and against any unauthorised or unlawful accidental loss, destruction of, or damage to, personal data and ensure the security of such personal data.
9. External links
The GrafterNow Platform may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
Any notice to be given under these Terms must be in writing and either sent by email, delivered by hand or sent by recorded delivery to (i) in the case of GrafterNow its registered address and (ii) in the case of a Client or Grafter to the primary correspondence address (including email address) given to GrafterNow.
11. Entire Agreement
These Terms constitute the entire agreement between GrafterNow and Clients and Grafters and replaces any previous agreement or understanding (whether oral or written, express or implied) between us in respect of matters contained or referred to in these Terms. Each of us agrees that, in entering into these Terms, we have not relied on, and have no remedy in respect of, any representation warranty or other provision (whether oral or written, express or implied) of any person, which is not expressly set out in these Terms. The only remedy available in respect of any misrepresentation or untrue statement shall be a claim for breach of contract under these Terms, such claim to be subject to the limitation of liability section above. This paragraph does not operate to limit or exclude any liability arising from any fraudulent or dishonest statement, act or omission.
12. Our Rights
We reserve the right at all times to edit, refuse to post or remove from the GrafterNow Platform any profile, information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body. For the avoidance of doubt we reserve the right to remove any review that We believe in our sole discretion is inappropriate.
If any of these Terms are held to be illegal or unenforceable for any reasons, such provisions shall be severed and the rest of the Terms shall remain in full force and effect.
You may not assign, transfer or sub-contract any of your rights under these Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in these Terms.
No waiver shall be effective unless in writing and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.
14. Governing Law and Jurisdiction
These Terms shall be subject to the laws of England and Wales and the parties shall submit to the exclusive jurisdiction of the courts of England and Wales.
15. Contacting us
Please submit any questions you have about these terms and conditions or any complaint or concern in relation to the App here