Trade Business Terms and Conditions
- Key Definitions
- “Company, HaMuch, Us, We, Our, Ours” means Hamuch Ltd, Co. Reg. No. 3984733 with registered offices at 406 Fulham Palace Road, London SW6 6HU.
- “Customers, Homeowner, You, Your, Yourself, User” means any person who uses the Website, submits or publishes a job on the Website for Tradespeople to respond to or quote on.
- “Job” means a project/job submitted by You.
- “Service” means any procedure or service that is provided by HaMuch to Users, which includes, but is not limited to: information, services and products provided through the Website, or by telephone or email, our Directory of Trade Businesses.
- “Tradespeople, Tradesperson, Tradesmen, Trade Business, Trades” means any business who registers on the Website in order to add details to a profile, quote for work posted by Customers.
- “Profile” means the section of the Service containing details about You or Your business including your chosen Trades, Your location and Your prices.
- “Website” means the website HaMuch.com and all the pages, content and subdomains contained therein.
- “Expressing interest”, “Expressed interest” means contacting, quoting or messaging a customer found via our Service.
- “Job Lead”, “Lead” is a Job which we give you the opportunity to Express Interest in.
- “Post a Job”, “Find affordable trades”, “Get a Quote” is the submission of a job lead where the customer chooses to share their contact details with Tradespeople.
- “Arrangement with Trade Business, “Arrangement with Homeowner” means any agreement reached directly between a Tradesperson and a Customer for the completion of a project.
- “Member” means any Trade Business who has posted content or is participating in the Service.
- “Premium Member” means any Trade Business who has paid for enhanced access and features of the Service
- Governing Law & Jurisdiction
2.1 These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of English courts.
2.2 If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby terminating without further liability.
- Service Overview
HaMuch provides an online marketplace for Tradespeople and Customers.
3.1 The Service to Homeowners is free.
3.2 Trade Businesses may participate in two levels of membership; Basic or Premium for which a payment will be required.
3.3 Trade Business may apply for a profile in which they add details of which Trades they offer services, location and pricing details including typical daily and hourly rate.
3.2. Homeowners may Post a Job and seek an Arrangement with Trade Business which You are invited to participate in.
- Application for Membership
4.1. You may apply for basic membership by completing a Profile on the HaMuch website. This includes details of your business name, address, selected Trades and Contact Details.
4.2 A Unique part of the HaMuch Service is that we aim to be clear on price. You agree that you will provide your typical Pricing for hourly or daily rates for each Trade that you wish to provide.
4.3. You warrant that all information you provide is correct and that you agree to keep all your Profile and related content up to date.
4.4 We check all membership applications and acceptance is at our sole discretion. We reserve the right to deny, refuse, suspend or terminate any member who we consider does not meet the criteria for membership.
4.5 You agree that in order to ensure the quality of our directory of Trade Profiles, we may make background checks relating to your application including but not limited to researching reviews, credit checks, Trade bodies, Trading standards, criminal background checks. If requested by Us, you will provide appropriate assistance in making these checks.
- Membership Requirements
5.1 You warrant that you have legal authority and required skills to provide the products or services you have listed in your Profile.
5.2 You will always provide Your services to Homeowners lawfully and not infringe (or permit your officers, employees or contractors to infringe) any laws, regulations, industry codes of conduct, regulatory guidance, any regulatory decisions or court orders.
5.3 You will not act in a way which will adversely affect the reputation of Your Trade Business or that of HaMuch or Our Customers.
5.4 You will take full responsibility for you (and your officers, employees, contractors or agents) performing services to Homeowners under a written Agreement with Homeowner.
5.5 You (and your employees, contractors or agents) will perform all services to Homeowners lawfully and in accordance with 'good industry practice' meaning such professional standards of skill, care, timeliness and diligence that a competent tradesman with your professed expertise would be expected to perform;
5.6 You will at all times maintain Employers' liability insurance and appropriate professional indemnity and public liability insurance. If requested, You will provide evidence to us of such insurance upon our written request.
- Arrangements between Homeowners and Trade Businesses
6.1 HaMuch will encourage Homeowners to provide Job Postings. We will check and edit these but offer no liability as to the accuracy or genuine nature of such postings.
6.2 In using the Services provided by HaMuch you acknowledge that HaMuch is not acting as a contractor or agent and is not responsible for any work done by You.
6.3 You acknowledge that it is the sole responsibility of the Customer to select a suitable Tradesperson and to negotiate the terms for any work that they undertake. HaMuch will not be involved or held liable for any Arrangement with Trade Business.
6.4 You agree that before entering into an Agreement with a Homeowner You will provide a clear written quotation if requested. HaMuch will not be liable for any problems or disputes suffered as a result of you not obtaining clear acceptance of a written quotation.
6.5 Your interactions with Homeowners, Trade Businesses, organisations and/or individuals found on or through the Website, including payment, supply or delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals.
7.1 All applicants who have created a profile and are accepted by us will be provided with a basic membership Profile.
7.2 To become active in the system, basic members must add compulsory details to their Profile including but not limited to; Trading Name, Legal Entity, Contact Name, Selected Trades, Description, Email, Mobile Number. Optional details include photos which are moderated and accepted by HaMuch as our sole discretion.
7.3 Basic members may be included in our matching activities to match Posted Jobs from Homeowners with Trade Businesses. You agree to receive notification of such matches by Text Message and/or Email.
7.4 Basic members may upgrade to Premium membership for a monthly fee. Premium membership entitles the Member to receive Homeowner contact details so that You may make direct contact with Homeowners.
7.5 Premium members will receive priority over Job Postings however we cannot guarantee that You will receive any increased business as a result of upgrading your membership.
7.6 Fees may vary from time to time and are displayed on the payment page. You agree to pay a different fee depending on the number of Trades that you wish to participate in.
7.7 You may be offered an initial trial membership which will be for the Period described on the upgrade page. If entering into a trial, you will receive full member benefits during the trial. Your card will be verified by making a small charge of up to £1 which is refunded or the first payment will be pre-authorised to ensure this is valid. This will then be deducted at the expiry of the trial, unless you cancel the contract.
7.8 By upgrading to Premium or Premium Plus membership You are entering a contract for a continuous subscription. At the end of each month Your membership will be automatically rebilled at the rate selected. You specifically authorise us to charge the credit/debit card provided at the time the payment is due.
7.9 Memberships are not refundable unless you are a Consumer as defined by the Consumer and Contract Regulations 2013. In this case, you will receive a 14 day cooling off period. You may cancel your contract at any time during that period. We will deduct a charge equal to the work done on the contract up to the point that you cancel plus an activation fee of £20. If the amount paid is under £20 then the limit of the charge will be the lower amount.
7.10 Members Fees will remain the same as when you upgraded, however we reserve the right to vary our fee rates by giving you 30 days written notice. You will have the option to decline the increase and request cancellation via the website prior to new prices coming into effect. If you do not cancel, then it is deemed that you accept the variation.
- Defaults and Chargebacks
8.1 You agree to maintain a valid payment card in your account, unless you have cancelled Your membership.
8.2 In the event that we are unable to bill your chosen payment method, this is classed as a default. We will send up to two reminders. If after two reminders, you fail to update your payment method then You agree to pay a £25 late payment charge.
8.3 Any payment disputes must be raised with Our Customer Services. In the event that you chargeback a legitimate payment via your card issuer, then you agree to pay us a £100 administration charge per chargeback to cover any fees that we incur and associated administration costs.
8.4 In the event that you have a payment default or chargeback issue, we reserve the right to suspend all services until the matter is resolved by You.
9.1 You may cancel further Premium membership by clicking on the cancel membership button on the Website which is in the Member page once logged in.
9.2 No refunds are provided where the Member fails to cancel through the website and with the notice stated.
9.3. If you are a Basic Member you may cancel further services by deleting your Profile from the website once logged in.
9.4. If you choose to delete your Profile, then you acknowledge that our obligations to you are fulfilled and that you will not seek any refund or other compensation from HaMuch.
9.5 In the event that we receive complaints from Customers about You or Your business, we may at our sole discretion suspend or terminate Your membership and Profile.
9.6 You agree that HaMuch, in its sole discretion, has the right (but not the obligation) to deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of the website, immediately and without notice, for any reason, including, without limitation, if HaMuch believes that you have acted inconsistently with the letter or spirit of the terms.
9.7 If HaMuch has terminated your agreement, this is permanent. Unless with Our prior written consent You agree not to attempt to access the Service further through your own name or any other name or Business that you control.
9.8 HaMuch may at it’s sole discretion terminate your membership for reasons including but not limited to; Insolvency or Administration of your Trade Business, Your personal bankruptcy, material changes to your Trade Business, if you provide false or misleading information to Us or a Customer.
10.1 You acknowledge that you have an appropriate disputes procedure in place for dealing with Homeowner disputes.
10.2 You acknowledge that you will use all reasonable endeavours to resolve the Customer dispute within 14 days of becoming aware of such dispute.
10.3 You agree that in the event you cannot reach amicable resolution with the Customer over a dispute then you will agree that the Customer may have the option to use an appropriate Dispute Resolution Service.
10.4 HaMuch, it’s officers, employees, agents and successors cannot get involved directly with any dispute You have with a Customer, Trade Business or User and accepts no liability for any such dispute. You hereby release Us from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
- Behaviour and Content
11.1 You agree to use the website only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else’s use and enjoyment of the website. Job Posts, Messages, profiles, job titles, job descriptions and other content, including emails to Us, must be civil, tasteful and appropriate to providing your trade.
11.2 You will only use the Service to promote your genuine Trade Business to Homeowners. You may not use the Service for any other purpose including research into competing Trades, database gathering, data scraping.
11.3 You acknowledge that all postings, messages, text, files, images, photos, video, sounds, or other materials (“content”) posted on, transmitted through, or linked from HaMuch, are the sole responsibility of the person from whom such content originated. You are entirely responsible for all content that you post, email or make otherwise available via the Service.
11.4 Content including list of trades or pricing information provided by Trade Businesses is not provided by us. Although we attempt to ensure that it is correct and accurate, HaMuch cannot guarantee the accuracy of the information relating to Services, and we are not liable for any problems or losses arising from errors in the content.
11.5 The HaMuch Website and content available through the Service may contain links to other websites, which are completely independent of HaMuch. HaMuch makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website.
11.6 If you provide any link to any other websites this is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstance will HaMuch be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via the Service.
11.7 You acknowledge that HaMuch does not pre-screen or approve all content, but that HaMuch shall have the right (but not the obligation) in its sole discretion to remove or move any content that is available on the website for violating the letter or spirit of the terms or for any other reason.
11.8 Use of the Service is entirely at the discretion of HaMuch and any user may be removed or barred from using the Service without explanation.
11.9 You specifically give us permission to view, check or moderate anything You post to the Website including Profile information, messages and other content.
- Data Protection
12.1 You agree to maintain appropriate procedures to comply with GDPR and to protect Customer data that we may send you with their consent.
12.2 In particular, You will protect such Customer data and only use if for your own legitimate business need. You will not share, sell or otherwise pass on confidential customer data without express consent from the Customer.
- Intellectual Property
13.1 You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Service and any part of it (the “Rights“), including the manner in which the Service is presented or appears and all information and documentation relating to it is our property (or that of our licensors), and nothing in this Agreement shall be taken to transfer any of the Rights to you.
13.2 Solely for the purposes of receiving the Service, we hereby grant to you for the period during which the Service is provided a non-exclusive, non-transferable licence to use the Rights.
13.3 You agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Service without our prior written permission.
13.4 By providing Content in your Profile you grant to us a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, reproduce, modify, publish, edit, translate, distribute, perform, and display the material alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licensees. The foregoing grants shall include the right to exploit any proprietary rights in such materials, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You also waive any moral rights you have in the materials. Do not Post any materials on the Service that you would not want us to use in this way.
14.1 All Trade Businesses are subject to feedback evaluations from Customers if, after expressing interest, an Arrangement with Trade Business is reached to carry out some or all of the job advertised or similar or related work.
14.2 You agree that HaMuch is not responsible for the feedback content that Customers post, or any harm done by such content. The Customer who posts feedback is directly responsible for its content, and the accuracy and legality thereof. HaMuch may edit or remove any review which it feels breaches these guidelines.
14.3 We will provide You with the facility to post replies to Homeowner reviews.
14.4 We will provide You with a reporting procedure if you wish to report a review for breaching our guidelines. (link to guidelines)
14.5 HaMuch may publish aggregated or non-aggregated review data for a Trade Business that is widely available from the Internet. This is to help Customers make an informed choice and HaMuch offers no warranty as to the accuracy of this information. Premium Members have the option to request removal of this information from your Profile if you can substantially demonstrate that it is not representative. This is at our sole discretion.
- Limitation of Liability and Indemnity
15.1 Notwithstanding any other provision, nothing in this Agreement shall exclude or limit either party’s liability for death or personal injury caused by that party’s negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
15.2 If you are dissatisfied with the Service, or the terms of this Agreement, your sole remedy under this Agreement shall be to discontinue or Terminate your membership of the Service.
15.3 Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
15.4 Other than as set out above, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with this Agreement.
15.5 Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into this Agreement by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.
15.6 We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
15.7 In the event that any limitation or exclusion of liability in this Agreement proves ineffective, then we shall not be liable to you for more than £100 in aggregate. If you register as both a “Homeowner” and as a “Trade Business” then only the aggregate cap in the Trade Business User Agreement shall apply.
15.8 We cannot guarantee the day or time that we will respond to any email, telephone or written enquiries or Website form submissions.
15.9 Each of the provisions of this Clause shall be construed separately and independently of the others.
15.10 We make no warranty that the Service or Website will be uninterrupted or error free, or that any defects will be corrected.
15.11 You agree to indemnify Us and keep indemnified, against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Us and arising from and/or relating to Your use of the Service, website and/or other material posted on the Website by You and/or arising from or due to any breach of contract, any tortious act and/or omission and/or any breach of statutory duty by You.
16.1 HaMuch reserves the right to change or update these terms and conditions from time to time. As a User of the website, you are responsible for acknowledging any updates of these terms and conditions by visiting this section. Any significant changes in the terms and conditions will be followed by notification emails to all active Users.
16.2 You confirm that you are not agreeing to these Terms in reliance of any representation made by us including verbal representations or advertising, other than those which are expressly set out here in writing. These Terms constitutes the entire agreement between Us and You and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between ourselves relating to your Membership or Membership Services, whether written or oral.
16.3. Should any part of these Terms be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion which (if legally permitted) shall remain in full force and effect.
16.4 We may assign any of our rights and transfer, delegate or subcontract any of our obligations under these Terms.