Terms of Business

This agreement is dated

Parties

  1. Service Provider NAME incorporated and registered in England and Wales with company number NO whose registered office is at ADDRESS (“Service Provider”); and

  2. A&B Digital Marketing T/A Quotehunter incorporated and registered in England and Wales with company number 0000000 whose registered office is Malthouse Business Centre 48 Southport Rd Ormskirk L391QR (“the Client”).

It is hereby agreed

  1. Interpretation

    1. The following definitions and rules of interpretation in this clause apply in this agreement.

Business of the Company: Quotehunter are a comparison website who provide to consumers details of various Service Providers that consumers may contact for quotations to provide household services such as windows, doors etc. Quotehunter makes the initial introduction for consumers to gain access to these service providers to obtain the best quotations possible for them. Quotehunter then expect both parties to have direct contact with each other

Engagement: a business to business engagement of the Service Provider to the Client to be recommended as a Service Provider to provide their services to the End User/Consumer on the terms of this agreement.

Services: As described at Schedule 1

End User/Consumer: The person(s) the Service Provider is providing the relevant services to, and as requested, by the End User/Consumer through the Clients website

    1. Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.

    2. Schedule 1 forms part of this agreement and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedule.

  1. Terms of Engagement

    1. The Client shall engage the Service Provider and the Service Provider shall provide the Services on the terms of this agreement and as set out in Schedule 1.

    2. The Engagement shall be deemed to have commenced on the Date on which the Service Provider signs this agreement and shall continue until the Client confirms the Services of the Service Provider are no longer required

  1. Duties and obligations

    1. During the Engagement the Service Provider shall:

      1. provide the quotations and the services required to the End User/Consumer with all due care, skill, diligence and ability

      2. devote the time and attention agreed with the End User/Consumer to carrying out the services requested and ensure they have been agreed correctly, efficiently and to the standards expected by the End User/Consumer and the Client .

      3. promptly give to the Client and/or the End User/Consumer all such information as it may reasonably require in connection with matters relating to the provision of the Services.

    2. The Service Provider shall use its reasonable endeavours to ensure that it is available on reasonable notice to provide such assistance of their services to the End User/Consumer as they may require.

    3. In the event the End User/Consumer is not satisfied with the services provided by the Service Provider that they will use their best endeavours to rectify the situation.

    4. The Service Provider accepts, acknowledges and understands that the Client will have no responsibility or obligation for rectifying a situation for the End User/Consumer and the Service Provider will ensure they do not cause any damage to the Clients reputation.

4. Provision of Work

The Service Provider accepts that the Client is under no obligation to provide work to the Service Provider.

The Client acknowledges that the Service Provider is under no obligation to accept to conduct services for the Client and/or the End User/Consumer unless specifically agreeing to do so.

The Service Provider accepts that should they agree to conduct the services for the End User/Consumer that they adhere to the duties and obligations as set out at Clause 3 of this agreement.

5. Fees

5.1 The Service Provider understands, agrees and accepts the Client has no responsibility for payment of any, or all services provided by the Service Provider to the End User/Consumer and agrees understands and accepts it is the Service Providers responsibility that in all cases payment for their services will be made by the End User/Consumer.

In the event the End User/Consumer does not pay for the Service Providers services, the Service Provider will ensure that the Client is not held responsible for any payments due to them. The Service Provider understands, agrees and accepts they have no right to request any such payment from the Client.

5.2 Introductory Fee

The Service Provider agrees that they will provide a monthly/annual fee to the Client of £00000 to enable them to be a recommended Service Provider on the Client’s website.

The Service Provider acknowledges and agrees that should the monthly/annual fee not be paid in the timeframe required, the Service Provider will be immediately removed as a recommended Service Provider from the Clients website.

6. Other activities

Nothing in this agreement shall prevent the Service Provider from being engaged, concerned or having any financial interest in any capacity in any other business, trade, profession or occupation during the Engagement of providing their Services to the Client on the basis that such activity does not cause a breach of any of the Service Provider’s obligations under this agreement

7. Status

The relationship of the Service Provider to the Client is that of a Business to Business arrangement and nothing in this agreement shall render the employees, agents, partners or sub-contractors of the Service Provider as an employee, worker, partner or agent of the Client and the Service Provider shall not hold itself out as such.

8. Liability

8.1 The Service Provider shall indemnify and keep the Client indemnified from and against any claims, demands, damages, losses, liabilities, costs or expenses (including legal costs and expenses) that Client may suffer or incur directly or indirectly as a result of:

8.1.1 any negligent or deliberate act or omission of the Service Provider in respect of the End User/Consumer;

8.1.2 any damage to End User/Consumer property and or facilities or any injury caused by the Service Provider and it’s employees, agents, workers, sub-contractors or partners or any third party in connection with the Services, or

8.1.3 any breach of this Agreement or breach of duty.

8.2 Neither party shall be liable to the other for any consequential loss.

8.3 The Service Provider shall maintain and keep in place suitable insurance policies to cover any claims and liabilities arising from the provision of the Services they provide to the End User/Consumer.

8.4 The Service Provider shall be liable at its own cost to correct or rectify any work conducted for the End User/Consumer as notified to the Service Provider by either the Client or End User/Consumer which is deemed to be unsatisfactory.

9. Third party rights

9.1 Except as expressly provided elsewhere in this agreement a person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This does not affect any right or remedy of a third party which exists, or is available, apart from that Act.

9.2 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any other person.

10. Variation

No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

11. Governing law

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

12. Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

This document has been executed as a deed and is delivered and takes effect on the date stated at the beginning of it.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

For and on behalf of For and on behalf of

A&B DIGITAL MARKETING T/A QUOTEHUNTER THE SERVICE PROVIDER

(COMPANY NAME)

Signed: Signed:

Name: Name:

_________________________________ ____________________________

Director Position

____________________________

Date: __________________________ Date : _______________________

Schedule 1

Services

The Service Provider will be added to the Client’s database/website as a recommended Service Provider to provide their services/goods to the End User/Consumer requiring such services/goods on an ad hoc basis.

The Service Provider will be one of a pool of Service Providers the End User/Consumer can choose from as and when required.

The Service Provider will be required to provide the End User/Consumer with a detailed quotation for the services they offer in a timely manner, for such services/goods as described by the End User/Consumer

If successful in being the chosen Service Provider by the End/User Consumer, the Service Provider will then have and maintain contact with the End/User Consumer until the service has been provided and the End/User Consumer is satisfied with the service/goods received.