Terms & Conditions

WEBSITE TERMS OF USE

This Website operates as an online marketplace to enable Members to post specifications or offer to supply suitable materials or provide professional services.

INFORMATION WHICH WE ARE REQUIRED TO GIVE YOU

BuildCosts.com is operated by BuildCosts.com

Our Email address is: info@buildcosts.com

Part A (the "General Conditions") and Part B (the "Supplemental Conditions") of these terms and conditions (together with the documents referred to within) set out the Terms and Conditions on which we will provide our services.

Visitors may access some areas of the website without the need for Registration in which case only the General Conditions apply. Other areas of the Website are only open to you if you are a Member and if you decide to register as a Member you will be asked to confirm expressly that you have read and accept the Supplemental Conditions as well as the General Conditions.

The Conditions (as defined below) apply to the access to and use of the Website, and to any correspondence by e-mail between you and us. Please read these terms carefully before using the website. Using the Website indicates that you accept the General Conditions regardless of whether or not you choose to become a Member. If you do not accept the General Conditions, do not use the Website.

We may revise the Conditions at any time by up-dating this posting. You should check the website from time to time to review the current version of the Conditions because they are binding on you. Certain provisions in the Conditions may be superseded by expressly designated legal notices located on particular pages of the Website in the future.

Any rights not expressly granted in these terms are reserved.

 

PART A

GENERAL CONDITIONS

1. DEFINITIONS

"Supplier" or "Sub-Contractor" means a Member (user) who has submitted a quotation in respect of a Specification.

"Conditions" means all conditions applicable to a person accessing the Website in connection with his use of the Website (i.e. for a Visitor, the General Conditions alone, and for a Member, the General Conditions and the Supplementary Conditions).

"Specifier" means a Member who has posted a project or product specification on the Website.

"Specification" means the details of the product request posted by the Specifier on the Website.

"Member" means a person who has Registered on the Website (and "Membership" means the status of being a Member);

"Registration" or "Register" means setting up a membership account having agreed to the Conditions;

"Website" or "Site" means this Website

2. ACCESS

2.1     Whilst we endeavour to ensure that the Website is available 24 hours a day, we shall not be liable if, for any reason, the Website is unavailable at any time or for any period.

2.2     Access to the Website may be suspended temporarily and without notice in the case of a system failure, maintenance or repair or for any reasons beyond our control.

3. CONTENT

3.1     Whilst we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy or completeness of the material on the Website. We may make changes to the material on the Website at any time and without notice. The material on the Website may be out of date, and we make no commitment to update such material.

3.2    The contents of the Website are provided "as is", and we provide no warranties in respect of such contents.

3.3    You are prohibited from posting or transmitting to or from the Website any material:

3.3.1  that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

3.3.2  for which you have not obtained all necessary licences and/or approvals;

3.3.3  which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, is otherwise unlawful or infringes the rights of any third party, in any country in the world; or

3.3.4  which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

3.4     You may not misuse the Website (including, without limitation, by hacking).

3.5     We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone posting any material in breach of this clause 3.

4. LICENCE

4.1     You are permitted to view, print and download extracts from the Website for your own use on the basis that:

4.1.1             no documents or related graphics on the Website are modified in any way;

4.1.2             no graphics on the Website are used separately from the corresponding text; and

4.1.3             our copyright notices and this permission notice appear in all copies.

4.2     Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including, without limitation, photographs and graphical images) are owned by us or our licensors. Save as agreed otherwise, any use of extracts from the Website other than in accordance with clause 4.1 is prohibited, and if you breach clause 4.1, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

4.3     Subject to clause 4.1, no part of the Website may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service without our prior written permission.

5. DISCLAIMER

5.1     To the extent permitted by law we hereby exclude:

5.1.1      all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

5.1.2      any liability for any direct, indirect or consequential loss or damage incurred by any person in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

(a)           loss of income or revenue;

(b)           loss of business;

(c)           loss of profits or contracts;

(d)           loss of anticipated savings;

(e)           loss of data;

(f)            loss of goodwill;

(g)           wasted management or office time; and

(h)           for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

5.2     This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

6. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

Any information about you that we process will be processed in accordance with our privacy policy. By using the Site you consent to such processing.

7. TERMINATION

7.1    We may, at our sole discretion, restrict your access to the Site and/or refuse to correspond with you without prior notice where:

7.1.1   there is a regulatory or statutory change limiting our ability to provide access to the Site;

7.1.2   there is any event beyond our reasonable control preventing us from providing access to the Site (for example, and without limitation, technical difficulties, capacity problems and communications failures); or

7.1.3   we consider that you are abusing the Site or are otherwise acting in breach of the Conditions.

8. LINKS TO AND FROM OTHER WEBSITES

8.1     Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third party websites and do not control and are not responsible for their content or availability. We do not therefore endorse or make any representations about them, or any material found there, or any consequences of using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.

8.2     If you would like to link to the Site , you may only do so on the basis that you link to, but do not replicate, the home page of the Site, and subject to the following conditions:

8.2.1             you do not remove, distort or otherwise alter the size or appearance of any logos used by us on the Site;

8.2.2             you do not create a frame or any other browser or border environment around the Site;

8.2.3             you do not in any way imply that we are endorsing any products or services other than our own;

8.2.4             you do not misrepresent your relationship with us nor present any other false information about it;

8.2.5             you do not otherwise use any trade marks owned by us (whether these are registered or unregistered) which are displayed on the Site without our express written permission;

8.2.6             you do not link from a website that is not owned by you; and

8.2.7             your website does not contain content that we, in our sole discretion, consider to be distasteful, offensive or controversial, in infringement of any intellectual property rights or other rights of any other person or which doesn't otherwise comply with all applicable laws and regulations.

8.3     We expressly reserve the right to revoke the right granted in clause 8.2 for breach of the Conditions and to take any action that we deem appropriate.

8.4     You shall fully indemnify us for any loss or damage that we may suffer for breach of clause 8.2.

9. DOMAIN NAME PROTECTION

You agree not to register any domain name that includes the word 'costs' infers it is connected to us or in any way casts aspersions on us.

10. GENERAL

10.1   Unless otherwise specified, the Site is directed solely at those who access it from England and Wales. Should you choose to access the Site from locations outside England and Wales then you will be responsible for compliance with local laws if and to the extent local laws are applicable.

10.2   You warrant that it is legal for you to view the Site in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using its contents.

10.3   A failure or delay in enforcing compliance with one or more provisions of these Conditions shall not constitute a waiver of any other provision of these Conditions.

10.4   No provision of the Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.

10.5   If any provisions of the Conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

10.6   The Conditions constitute the entire agreement between ourselves as to your use of the Site and shall supersede any prior agreement or representation in respect thereof.

10.7   Any and all notices to be given by either one of us to the other pursuant to or in connection with the Conditions shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to you at any e-mail address or facsimile number you have given us or to us at the e-mail address or facsimile number displayed at the start of these General Conditions.

10.8   The Conditions are governed by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English courts.

 

PART B

SUPPLEMENTAL CONDITIONS

(Relevant only to Members)

Please note that these terms and conditions are supplemental to the General Conditions. The Conditions (Parts A and B) form the basis of the agreement that you enter into with us in order to Register and become a Member (the "Agreement") and will govern your conduct as a Member.

1. REGISTRATION

1.1     Only those in a position to form legally binding contracts under English law may Register. Registration is not open to persons aged under 18 or to any persons whose Membership has been suspended or terminated. If you are Registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

1.2     Each Registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Furthermore, your Membership may not be transferred to a third party.

1.3     Responsibility for the security of any passwords issued rests with you and you are responsible for all actions taken with your user name and password.

2. OUR SERVICES - NEUTRAL VENUE

2.1     We are not a supplier, broker or intermediary of any sort. The Site acts as a neutral venue through which Specifiers and Suppliers can meet. We are in no way involved in the actual Transaction. We have no, and assume no, control over the quality, safety, or legal aspects of the Specifications and/or arrangements that take place through the Site.

2.2    If you are a Supplier you hereby agree that the Site is for your related services only and that work that you provide will only involve your normal services. Except with our prior written agreement, you agree that you will not use your Membership as a means to market or sell any goods products or other services unrelated to the Specification.

2.3     It is the responsibility of the Specifier to select a suitable Supplier for the provision of the Specification and the responsibility of the Specifier and the Supplier to negotiate any terms of any transactions thereafter.

3. GENERAL DISCLAIMER

3.1     Save where expressly stated otherwise in the Conditions, and only to the extent so stated, no provision of the Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 and the Conditions do not give rise to any legal contracts, liabilities, obligations, claims or other benefits or protection between Members or in favour of third parties. Your contract in connection with a Supplier will be with the other Member and, as a result, we can give no commitments of any nature about the other Member or the Specification, whether as to quality, quantity, delivery or price.

3.2     We assume no responsibility for claims made by Suppliers with respect to their licenses, insurance, registration, membership or trade association or indeed any other claim made at any point during the quoting process. We operate purely as a neutral venue through which Specifiers and Suppliers may meet.

4. UNLAWFUL TRANSACTIONS

4.1     Members shall not use the Site for unlawful activities. Any Specification or aspect of a transaction carried out, or sought to be carried out unlawfully, by either Specifier or Supplier, is prohibited.

4.2     Certain transactions may be governed by statutory or other regulations and cannot therefore be negotiated freely. It is for the Members to identify and adhere to such regulations.

5. FEEDBACK

5.1     Whilst we are unable ourselves to conduct any due diligence on our Members, we do ask Members to provide us with feedback about the Website

6. INFORMATION YOU SUPPLY

6.1   You are solely responsible for the information you provide to us and/or other Members in the Registration, specifications or quoting process (which shall include anything posted on the Site) ("Information"). The Information must be true, legal, accurate, and non-fraudulent.

6.2     Other than personally identifiable information, which is covered under our Privacy Policy any Information shall be considered no confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use the Information and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

6.3   You agree to use common sense and good judgment when conducting or posting any Information. We insist that all Members abide by netiquette and communicate with each other in a respectful manner.

7. FRAUD

7.1   Quotations

7.1.1      We may suspend or terminate your Membership if it is suspected that you have engaged in fraudulent activity in connection with the Site. Members are not permitted to manipulate the quote prices for any specification or interfere with other Members' listings or quotations.

7.1.2     Quote prices submitted by the Members may be amended or up-dated at any time at the discretion of the Member.

7.1.3   You agree not to cause or instruct another person or entity to engage in any conduct, acts or behaviour intended or designed to circumvent or avoid any fees.

7.2  Manipulation of Feedback

7.2.1      An important aspect of the Site is the ability of Members to leave feedback about each other (whether positive, neutral or negative). As described in clause 8, the feedback you receive is likely to influence the choices that other Members make as to whether to negotiate a transaction with you. Accordingly, to preserve the integrity of the feedback system, you agree not to:

7.2.2     improperly influence in any manner, or cause another to improperly influence in any manner, the feedback of a Member; or

7.2.3     post or attempt to post, in any manner or by any means, a feedback review on your own account.

8. REJECTION OR REMOVAL OF MEMBERS

8.1     We reserve the right to reject your Registration or cancel your Membership at any time and for any reason or for no reason and without notice to you.

8.2     We reserve the right to notify other Members of any actions that we, in our sole discretion deem serious, and which have led to the cancellation of your Membership.

8.3     If you are so removed or rejected you may appeal for reinstatement. Your appeal must include a written statement as to why you should be reinstated along with your contact information. Your appeal may be reviewed at our discretion and any determination as to your reinstatement will be at our sole discretion. Your submission of an appeal does not, in any manner, guarantee that you will be reinstated or that the appeal will necessarily be reviewed. We will contact you as to our decision to reinstate you. We are not obligated to give you any reasoning as to our decision. All decisions are final.

9. CONFIDENTIALITY/NON-DISCLOSURE

During the course of your Membership we may disclose to you, or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business. You hereby agree that any and all of this information is confidential and shall be our sole and exclusive intellectual property. Any disclosure of our information to a third party (specifically including a direct competitor) is strictly prohibited. All obligations contained herein will survive the termination of this Agreement.

10. NON-SOLICITATION

During the term of this Agreement, you shall not solicit to employ nor employ any of our employees of whom you become aware through the performance of this Agreement. Furthermore, you shall not otherwise hinder any of our other business relationships including those with our Members.

11. USE OF COSTS

You agree that you shall not acquire the word "Costs" or any variant that includes the word "costs" or may be confused with it on Google Adwords or any similar internet advertising service.

12. NO CONVICTIONS

You represent that you, and any individuals associated with you who will be involved in a transaction have not been convicted of a crime which is related in anyway to the construction business. Furthermore, you warrant and represent that there are currently no legal proceedings instituted against you that would prevent you from performing a transaction to which you are a party or your obligations under the Conditions.

13. FREE SERVICE

13.1: CONTRACTORS / SPECIFIERS

All costs should be subsidised by subscriptions (see below) plus various advertising and sponsorship on the website. We reserve the right to change this policy at anytime subject to 30 days written notification to the Members by email, although we have no intention to ever charge a subscription to Contractors & Specifiers.

13.2: SUPPLIERS

After an initial FREE TRIAL period, we will charge a low monthly subscription to Suppliers. The charge will be advised towards the end of the FREE Trial period. We reserve the right to change this policy at anytime subject to 30 days written notification to the Members by email.

13.3: SUB-CONTRACTORS

After an initial FREE TRIAL period, we will charge a low monthly subscription to Sub-Contractors. The charge will be advised towards the end of the FREE Trial period. We reserve the right to change this policy at anytime subject to 30 days written notification to the Members by email.

14. OUR POLICY

We want our Members to be satisfied with the service provided by the BuildCosts website. If you are not satisfied with the service provided, please email the following address explaining in detail your concerns and we shall work with you to improve our service.

BUILD COSTS

e / info@buildcosts.com

Last Revised Date: 1st September 2015

e / buildcosts@mail.com

 

BUILD COSTS, Unit 34, New House, 67-68 Hatton Garden, London. EC1N 8JY
info@buildcosts.com