Terms and Conditions

Introduction

These are the terms and conditions for professionals (Terms) for www.primfactor.hopadigital.com and any other websites, or aplications through which primfactor makes its online platform available. The Website is operated by primfactor organisation. Location-England.

The Website makes available an online platform for professionals who provide services (Professionals) and customers who wish to purchase services (Customers) to arrange for various services (Services) to be offered by Professionals and made available to Customers

Your use of the Website and/or the offering of any Services through the Website, is subject to these Terms and by using the Website and/or offering any Service through the Website you agree to be bound by these Terms.

You should print a copy of these Terms for future reference.

Use of your personal information submitted to or through this Website is governed by our Website Privacy and Cookies Policy located here.

We reserve the right to change these Terms from time to time by changing them on the Website and you are responsible for checking the current terms on the Website. If you continue to offer Services via the Website after these Terms have been changed you will be deemed to have accepted the new Terms.

Our Role

We provide an online platform where Professionals can create profiles and be visible for Customers based on filters that return the type of Service that the Professional can offer or provide.

If the Customer wishes to proceed with a quote, the Professional and Customer shall contract directly with each other in relation to the provision of the particular Service and Customers will be obliged to pay Professionals directly.

We do not provide the Service, or make any representation or warranty about Customers, their likelihood to select you or your Services, and we are not responsible for your or their obligations. We have no obligations regarding Customers payments (or any other obligations of Customers), which remain their sole responsibility under their direct contract with you. Equally we are not responsible for your Services or any problem or delay in providing them, or for any dispute over the amount due to be paid by the Customer. We are not an agent or partner of any Professional or Customer.

Eligibility

You must be 18 years of age or over to offer Services as a Professional on the Website, and may only offer Services as a professional tradesperson.

Account Registration

In order to become a Professional on the Website, you will need to register for an account with us first. In order to set up an account with us you must complete the account registration form available on the Site. You only need to register once. Registration is subject to agreement by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason.

You must ensure that any registration details you provide are accurate. To register an account with us, you must provide us with accurate, complete and up-to-date contact information, including your name, the legal name and details of your business, country and town, telephone number and email address. You are responsible for the information you provide to us. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update the information you have provided us with, including your account settings, in the relevant area of the Site.

We will also ask you a number of questions in order to create your primfactor profile. Your Profile should include information such as details of the Services you provide, appropriate images and videos, references and your credentials. We are not obliged to review or edit the Profile but we may ask you to make changes to ensure it is presented in a helpful way for Customers. See the Your Profile section for further information below.

When you register we will review each Service you wish to list to ensure that it fits into one of our supported categories (see Services section below). Any Service that is not supported on the Website will be declined.

If your application to register to use the Website is accepted (which will be entirely at our discretion), you will be allocated a username and password (together referred to as your Credentials). You must keep your Credentials confidential and must not reveal them to anyone else.

You are responsible for all activities that occur under your Credentials. You must notify us immediately at support@primfactor.hopadigital.com if you know of, or suspect, that anyone has obtained access to your Credentials, or if you otherwise become aware of any unauthorised use of your Credentials or other security breach.

Unless we have previously been notified by you in writing to support@primfactor.hopadigital.com that the confidentiality of your Credentials has been compromised, we are entitled to treat any use of the Website (including any quote for Services via the Website ) under your Credentials as being by you.

We may disable access via your Credentials at any time if, in our opinion, this is reasonably necessary to preserve the security and proper operation of the Website, if you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering prove to be false.

Identity Verification

When a Professional creates a profile on the Site, we may take a number of steps to verify their identity. These may include:

Verification of contact information including email address.
Verification of social media accounts that the Professional may choose to link to their Profile.
Validation of business addresses and conducting basic business information checks for solvency and other key details in relation to limited companies.
Confirmation of personal details and conducting basic consumer checks into credit history and other information for sole traders.
Identity checks using name, address, and DOB

By registering on the Website you agree to the above uses of your information.

Services

The Website allows Customers to search for and Professionals to quote for a wide range of Services. Please see the applicable page on the Site for further details of the Services that are allowed on the Site. There are certain Services that we don't allow on the Website, such as (currently), but not limited to, babysitting, elderly care, property rental, money lending and companion services. The types of Services that are allowed or not is under regular review and it is at our sole discretion as to whether a Professional may be allowed to list their Services or not. We reserve the right to discontinue the listing of any particular Service at any time or to add to the range of Services that may be listed at any time. In general, if a Service is not listed as part of the new user sign up process for Professionals then we do not support it but it may be added at a future time.

Physical products or virtual goods are not suitable for listing on the Website as the Website relates to provision of Services only. If your Service includes a product by way of virtue of the Service provision, such as hot tub rental with delivery and set up, for example, then that is allowed. However sale of standalone products such as electronics or digital downloads are not suitable on our Website.

We will not accept listings that promote attendance at events or otherwise list tickets for sale. The Website is applicable for any country from the world but the Professionals need to offer Services most on the region where they live. The Service listing and Profile can be in any language once is the main language spoken by the profile author. The profile will target only a specific group of people, speaking a certain language and being from a certain country and town.

You must be honest in relation to all detail you provide about the Services you can offer and your skills and experience. You must not misrepresent any detail about the Services such as where you can perform them or at what cost and you must not include any fraudulent or illegal information.

A provider need to be contacted by phone or email in order for this to complete and send to the client an Agreement between this two with all the details provided.

Your Profile

Your Profile should reflect the best about your business. Be as detailed as you can and include evidence of your past work through images and videos. You should not rate yourself.

Professionals may add any relevant licences, qualifications and memberships to their profile. We may, but are not obliged to, attempt to verify the licence, qualification and membership before such information can be posted to your Profile.

You may ask past Customers, colleagues or other third parties for references to add onto your Profile.

Remember that everything that you include on your Profile and which is published by us will be available for potential Customers to see.

Conclusion of Contract

If you and a Customer agree to proceed with the purchase of and provision of a Service, the contract for the provision of the Service will be as between you and the Customer only. We are not responsible for or part of that contract and do not agree any terms of that contract. You and the Customer must agree all the terms applicable to the provision of the Service and ensure that an appropriate contract is in place.

Any payments for the Service are as between the Professional and the Customer and we do not get involved in the transmission or arrangement of such payment.

Feedback

After you have provided a Service to a Customer, you may choose to provide a feedback rating of that Customer to help other Professionals decide whether to work for that Customer in the future.

Contacting us

Please submit any questions, concerns or comments you have about these terms of service or any requests concerning your personal data by email to support@primfactor.hopadigital.com, by telephone on 00447475235862 between the hours of 9:00 to 18:00, Monday to Friday.

Professional Content Standards

These standards apply to any and all content of any kind you submit to or through the Site, including all content contained within a Profil, an Event content or Feedback. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Professional Content as well as to its whole.

Professional Content must:

be relevant to the purpose of the Website; where it states facts, be accurate to the best of your knowledge, information and belief;
and comply with applicable law in the United Kingdom, and in any country from which it is submitted.

Professional Content must not:

be unlawful in any way;
contain any material which infringes any intellectual property right or other right of any other person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or data protection obligations;
contain fraudulent information or offer for sale Services that cannot legally be sold under any applicable law in the United Kingdom;
offer services that competes with the Site, Application, or primfactor Limited;
contain any hyperlink to any page of an internet site that resides behind a ‘paywall’ or other login screen or any ‘deep link’ where ‘deeplinking’ (except to the Site’s home page) is prohibited by the site operator;
contain any material which is defamatory of any person or entity;
be likely to mislead or deceive any person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
contain any material which is obscene, offensive, hateful or inflammatory;
be menacing, threatening, abuse or invade another´s privacy, or cause harassment, anxiety, alarm, upset, embarrassment, annoyance or inconvenience to any person;
contain or promote sexually explicit material;
promote violence or aggression;
promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
encourage, advocate, promote, solicit, invite or assist any illegal activity or unlawful act such as (by way of example only) intellectual property infringement or computer misuse;
be used to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
disrupt the normal flow of dialogue with an excessive amount of Professional Content (flooding attack) to the Site or Application, or that otherwise negatively affects other users’ ability to use the Site or Application;
contain any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
be posted by a third-party agent, service, or intermediary that offers to post content on behalf of others without express permission from us; or
give the impression that it emanates from us, if this is not the case.

Right to submit and use Professional Content

You acknowledge that you are responsible for ensuring that you have the right to submit all Professional Content you submit to or through the Site and that no such Professional Content breaches the Professional Content standards set out above.

By submitting any Professional Content:

you agree that you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable right to use, reproduce, modify, publish, and display that Professional Content (in whole or part) but only in order to operate and promote the Site.
We reserve the right, in our sole discretion, to delete, edit or modify any Professional Content submitted by you, at any time, with or without notice to you.

Whilst we will attempt to remove or edit any objectionable Professional Content (including ratings, reviews and comments) brought to our attention (and which we agree is objectionable) as quickly as reasonably possible, you acknowledge that we do not pre-screen or moderate user input or Professional Content (except where these Terms say that we do, I.e. in relation to your Profile, the verification of licences, qualifications and memberships). As a result, there is always a possibility that, by using the Site or Application, you may be exposed to content that you find objectionable, such as views about you posted by others.

If you need to make changes to your Profile or any other Professional Content you should email us at support@primfactor.hopadigital.com.

Indemnity

You agree to indemnify us, on demand, against all losses, liabilities, amounts paid in settlement, costs and expenses suffered or incurred by us as a result of any claim arising out of or in connection with:

any Service you provide (or fail to provide);
any Customer Quote;
any Professional Content (including your Profile and any Feedback) you submit to or through the Site;
any use of Customer Materials; or
any use you make of the Site or Application.

This indemnity will survive termination or closure of your account for whatever reason.

Termination of your Account

We may terminate your account upon your request at any time, but we will not refund your Credits (save where you have a right to terminate under these Terms due to our breach).

We may, at our discretion where we consider this reasonably necessary (for example if you are in breach of these Terms), immediately terminate your account and all access to the Website without prior notice. In this case we will reimburse unused Credits (save where the reasons for termination if your breach of these Terms) We may terminate your account if you are in breach of these Terms and you may do the same if we are in breach.

We will not be liable to you or any third party for the termination of your account.

All provisions of these Terms which are intended to have effect or to bind either party following any expiry or termination of this agreement or its transfer or assignment in whole or in part, including the following Sections: Right to submit and use Professional Content, Termination of your Account, Liability, General, Confidentiality and Governing law and jurisdiction shall survive expiry or termination of these Terms to the extent permissible by law.

Liability

A. The Website is an online platform which is intended to be used to allow Professionals and Customers to connect and arrange for the provision of Services directly with each other. Subject to the provisions of this Section, we are not responsible for and disclaim any and all liability related to the provision of Services as between Professionals and Customers.

B. You agree that your use of the Website and provision of Services is entirely at your own risk. No representations are made by us regarding the Customers who may be sent your Customer Quote, the number of times your Customer Quote will be sent to Customers or the number of jobs you will win and you should make your own assessment when deciding whether or not to provide a Service to a particular Customer. We do not endorse any content submitted by Customers or any opinion, reliability or ability to pay expressed by the Customers and we expressly disclaim any and all liability in connection with the foregoing.

C. Any reference on the Platform to a Professional being licensed or credentialed in some manner, or "badged", "best of", "top", "background checked" or "gold", "silver", or "bronze" (or similar language) designations indicates only that the Professional has completed a relevant account process or met Customer review standards, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by primfactor and is not verification of their identity and whether they or their Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user. primfactor is not responsible for any damage or harm resulting from your interactions with other users.

D. Nothing in these Terms shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or any other liability that under English law may not be limited or excluded.

E. Subject to C above in no event shall we be liable to you (including by reason of negligence) in contract, tort or otherwise, for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.

General

You may not transfer or assign any or all of your rights or obligations under these Terms. All notices given by you to us must be given in writing to the address or email address set out at the end of these Terms. We may give notice to you at either the email or postal address we hold for you as updated by you in your account from time to time.

If we fail to enforce any of our rights, that does not result in a waiver of that right. If any provision of these Terms is found to be invalid or unenforceable, all other provisions shall remain unaffected. These Terms may not be varied except with our express written consent.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. Headings are for references purposes only and in no way define, limit, construe or describe the scope or extent of any Section. These Terms and any document expressly referred to in them represent the entire agreement between us.

Confidentiality

Each party shall keep confidential all confidential information. Each party may disclose confidential information to its professional advisers but otherwise will only disclose confidential information to those of its employees, officers, sub-contractors and agents who (i) need to know it for the purpose of exercising or performing its rights and obligations under these Terms; (ii) have been informed of the confidential nature of the confidential information divulged; and (iii) agree to act in compliance with the confidentiality requirements of these Terms.

Neither party will disclose confidential information to any third party except as otherwise permitted in these Terms.

Notwithstanding any other provision of these Terms, it shall not be a breach of them for either party to:

disclose any confidential information pursuant to a court order or a binding request from a regulatory (or other analogous) authority with jurisdiction or from any other third party with power to require the disclosure of such information, provided that (to the extent it is permitted to do so) the affected party: (i) gives all reasonable notice of such disclosure to the other party; (ii) reasonably limits such disclosure to the confidential information so required; and (iii) cooperates with the other party to seek injunctive relief or a protective order for such confidential information if so requested by the other party; or
disclose the existence and terms of these Terms to an actual or genuine potential purchaser of that party or of all or any part of that party’s business, provided that such disclosure is made under conditions of confidentiality at least as onerous as those set out in this Section.

Governing law and jurisdiction

These Terms are governed by English law, and you agree that any dispute between you and us regarding them or the Site will only be dealt with by the English courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.