Terms and Conditions
Mr. Service Terms and Conditions - User Agreement
BETWEEN: Mr. Service and a party that uses the System and/or the Site ("User").By using the System and/or Site you the User agree to be bound by the terms of this Agreement with Mr. Service.1. User Eligibility User acknowledges and agrees that the System is available only to persons aged 18 years old and over. User represents and warrants that he/she is 18 years old or over.2. Mr. Service Role The System operates as both a finder and facilitator seeking to match the needs of Users with Providers. Mr. Service is as a neutral facilitator and the User acknowledges and agrees it is not directly involved in the transactions between Users and Providers.3. Feedback feature of Site3.1 User acknowledges and agrees that Mr. Service operates a user feedback system, on which User may post comments, compliments, criticisms and other observations regarding Providers on the Site that are honest, fair and reasonable and which can be substantiated.3.2 User acknowledges and agrees that any information or material submitted by it to the Site for inclusion in the feedback system is and will be treated by Mr. Service as non confidential and non-proprietary and it may use such material without restriction.3.3 User must not post or transmit any material on the Site which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or otherwise reasonably objectionable.3.4 User agrees not to disrupt the flow of dialogue or otherwise act in a manner which negatively effects other users of the Site.3.5 User agrees not to impersonate any other person when posting material to the Site.3.6 User acknowledges that any material it posts to the Site may be removed by Mr. Service from the Site without notice at any time.3.7 Mr. Service does not warrant to the User that it or Providers will respond to questions or comments submitted by User to the Site.4. User Warranties 4.1 Without limiting clause 3, User agrees that it will:(a) not use the Site for illegal purposes including without limitation by posting to the Site information encouraging conduct that would constitute a criminal offence;(b) not use any feature of the Site to send unsolicited commercial emails to Users, whether individually or as a group;(c) not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without Mr. Service prior written consent;(d) not use anything on this Site for or in connection with any business or enterprise (whether for profit or otherwise) and in particular in any enterprise of a service which is in competition with Mr. Service;(e) not post to the Site or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;(f) not take any action that imposes an unreasonable or disproportionately large load on Mr. Service infrastructure;(g) not damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to Mr. Service or do anything that compromises the security of the Site;(h) not use the Site to engage in misleading or deceptive on-line marketing practices;(i) not use the Site to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email; or(j) provide Mr. Service with complete and accurate contact details when using the System enabling Providers to contact User as requested.5. Mr. Service Reservation of Rights5.1 Mr. Service reserves the right to:(a) remove or refuse to post any information and/or materials (in whole or in part) that it, in its sole and absolute discretion, regards in any way objectionable or in violation of any applicable law or this Agreement without notice to User; and(b) modify or discontinue any services Mr. Service offers at any time without notice or liability to User.6. Intellectual Property6.1 All intellectual property rights in information, data and materials used or appearing on the Site including (without limitation) all software, tools, know-how, equipment or processes, trade marks, logos and other materials shall remain the sole and exclusive property of Mr. Service or its licensors User acknowledges and agrees that it shall not acquire any rights, title or interest in or to any of Mr. Service intellectual property rights.6.2 To the extent that User submits any information or material to Mr. Service relating to a Job Request or for otherwise posting on the Site, User automatically grants Mr. Service a licence to use the information or material for the purpose for which it is provided.7. Disclaimer and Acknowledgments7.1 Mr. Service provides the System and Provider details on an 'as is' basis and without any warranty, express, implied or statutory as to the quality, efficacy, reliability or other attribute or characteristic of any Provider.7.2 To the fullest extent legally possible, Mr. Service excludes any representation or warranty concerning the System, the Site or any third party Site referred to or connected via the Site.7.3 Without limiting the foregoing, User acknowledges that:(a) Mr. Service does not check the truth or currency of the material or information that Providers provide or make available to it;(b) Mr. Service does not control, endorse, approve or warrant to the User the merchant ability or fitness for any particular purpose of any of the goods or services of third parties (including Providers) referred to at the Site or whose identities become known to User as a result of using the System or otherwise;(c) Mr. Service does not warrant to the User that anything on the Site or any third-party Site referred to or connected via the Site is accurate, complete or up to date and makes no performance warranty whatsoever concerning anything on or implied from them;(d) User should satisfy itself through its own inquiries as to the condition or suitability of any Provider, Provider Services or any other goods and/or services supplied, offered by or recommended by on behalf of a Provider. User agrees to consult professionals for advice that is specifically tailored to User's particular circumstances;(e) Mr. Service does not offer professional advice on the fitness of any goods, services or information supplied by any third parties including Providers;(f) Mr. Service does not endorse or recommend any Provider, goods or services, including where details of a Provider are provided by Mr. Service to User or otherwise become known using the System;(g) Mr. Service is not a party to any transactions between User and Providers and User (and not Mr. Service) is responsible for paying Provider for all Jobs;(h) the User is responsible for completing all transactions it participates in (including monitoring the status and complying with all relevant legal obligations);(i) Mr. Service does not warrant to the User that the Site or any information or communication it provides is or will be reliable, timely, error or fault free, complete or accurate;(j) the Site may experience interruptions and access difficulties from time to time and that Mr. Service will not be responsible for such interruptions or access difficulties; and(k) Mr. Service shall not be liable for any loss or damage whether directly or indirectly incurred by User or any third person as a result of any failure or delay in Mr. Service doing any thing, including, but not limited to transmitting any information to User or removing any information from the Site or any Provider from the System.7.4 User agrees that Mr. Service and all affiliates and related entities of Mr. Service have no responsibility for the legality of the actions of other users.8. Limitation of Liability8.1 To the extent permitted by law Mr. Service excludes all liability to the User or any other person for any loss claim or damage (whether arising in contract, negligence, tort, equity or otherwise for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including, without limitation any loss of profits, loss or corruption of data or loss of or damages to reputation or goodwill) arising out of or in connection with any:(a) removal or termination of User's access to the System and Site; or(b) use of the Site or the System or information on or provided through the Site or the System or any information or advice otherwise provided by Mr. Service or a Provider, even if Mr. Service has been advised of the possibility of such loss or damage.8.2 To the extent permitted by law, Mr. Service and all affiliates and related entities of Mr. Service expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Mr. Service sole discretion):(a) in the case of goods, any one or more of the following:(i) the replacement of the goods or the supply of equivalent goods;(ii) the repair of the goods;(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or(iv) the payment of the cost of having the goods repaired; and(b) in the case of services and:(i) the supply of the services again; or(ii) the payment of the cost of having the services supplied again.9. IndemnityUser indemnifies and holds Mr. Service and its parent, subsidiaries, affiliates, officers, directors, agents, employees, partners, suppliers, franchisers and franchisees, harmless from and against any claims, demands, proceedings, losses and damages (whether actual, special and consequential of every kind and nature including all legal fees) made by User or a Provider arising out of or in any way related to Users' use of the Site or its breach of this Agreement, or User's violation of any law or the rights of a third party.10. Breach10.1 Without limiting other remedies available to Mr. Service at law, in equity or under this Agreement, Mr. Service may, in its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User's access to the System and refuse to provide services to User if:(a) User breaches any of this Agreement, the Privacy Policy or the terms and policies those documents incorporate by reference;(b) Mr. Service is unable to verify or authenticate any information the User provides to it; or(c) Mr. Service believes that User's actions may cause damage and/or legal liability for Mr. Service, Provider or other users.11. TerminationThis Agreement is effective until terminated by Mr. Service and Mr. Service may terminate it and User's right to post information and material to the Site at any time without prior notice.12. Disputes12.1 The procedure set out in this clause must be followed in relation to the resolution of a dispute concerning the interpretation of a term this Agreement or of the parties' rights or obligations pursuant to this Agreement ("Dispute").12.2 Upon any Dispute arising, a party may give written notice to the other party that a Dispute exists ("Dispute Notice").12.3 The Dispute Notice shall provide the recipient with the full particulars of the matters in Dispute.12.4 The timetable and process for resolving a Dispute pursuant to a Dispute Notice is as follows:(a) within 5 working days of receipt of a Dispute Notice, the recipient shall hold discussions in good faith in an attempt to resolve the Dispute;(b) if the Dispute is not resolved within 20 days of the commencement of the meeting referred to in the previous sub-clause or if the meeting referred to in the previous sub-clause has not taken place within the 5 day period, the parties to the Dispute shall refer the matter to mediation;(c) within 5 working days following the expiry of the relevant period in the previous sub-clause, the parties to the Dispute must attempt to agree on the appointment of a mediator. (d) the parties to the Dispute shall use their best endeavors to ensure the mediation takes place within 30 days of a mediator being appointed; and(e) any mediation that takes place pursuant to the operation of this clause is to take place in Alexandria, VA.12.5 Except for the purpose of obtaining urgent interlocutory or declaratory relief from a court of competent jurisdiction, no party shall commence any proceedings in any court, tribunals or otherwise without first providing a Dispute Notice and complying with the dispute resolution process set out in this clause.13. No AgencyUser acknowledges and agrees that Mr. Service is not the User's agent and that the User is free to accept or reject its appointment of a Provider at its sole discretion.14. Circumstances beyond Mr. Service controlMr. Service will not be liable for any failure or delay in the performance of its obligations to the User if that failure or delay is due to circumstances beyond our reasonable control including, without limitation, any act of God or other cause beyond its reasonable control including any mechanical, electronic, communications or third party supplier failure.15. Use of Material on Site15.1 Users agree that information contained on this Site is for personal use only and may not be sold, used or redistributed for any other purpose.15.2 Users may not use screen scraping, data mining or any similar data gathering and extraction technological devices on this Site for the purpose of reproducing information contained on this Site on or through any other medium, except with Mr. Service prior written consent.16. Website Links16.1 Mr. Service may provide links and pointers to websites maintained by third parties from its Site which websites are not under the control of Mr. Service and Mr. Service is not responsible for the contents of any linked website or any website link contained in any linked website.16.2 Mr. Service will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by or through any linked websites whether linked to or from Mr. Service Site.17. General17.1 Interpretation(a) Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.(b) User agree that this Agreement may not be construed adversely against Mr. Service solely because Mr. Service prepared it.(c) The singular includes the plural and vice-versa.(d) A reference to a person includes any corporation or body corporate.17.2 DefinitionsIn this Agreement the following terms have the following meanings:"Job" means the provision of goods and/or services by a Provider to a User that arises out of a Job Request."Job Request" means a request made by the User using the System (whether made by phone, through the Site or otherwise) seeking offers for the provision of goods and/or services from Providers."Provider" means any person or entity who is or may potentially be matched to a User Job Request and except where the context requires otherwise includes any person engaged by such a person to provide goods or services in connection with a Job."Provider Services" means the goods and/or services that Provider offers and/or provides to Users and proposals to provide."Site" means the website operated by Mr. Service at www.BathRemade.com. or on any affiliate website."System" means the system operated by Mr. Service as described in this Agreement, and as developed by Mr. Service from time to time.17.3 Governing LawThis Agreement shall be governed in all respects by the laws of the State of Virginia. The User irrevocably submits to the non-exclusive jurisdiction of the courts of Virginia.17.4 SeverabilityThe provisions of this Agreement are severable, and if any provision of this Agreement is held to be illegal, invalid or unenforceable, under present or future law, such provision may be removed and the remaining provisions shall be enforced.17.5 No WaiverMr. Service failure to take action with respect to a breach by User or others does not waive Mr. Service right to take action with respect to subsequent or similar breaches.17.6 Entire AgreementThis Agreement and those policies incorporated by reference herein set out the entire understanding and agreement between the parties with respect to the subject matter hereof.17.7 SurvivalThose clauses capable of surviving termination of this Agreement shall do so.17.8 NoticesMr. Service may provide notices to User by simply posting the notice on the Site. This is in addition to any other mode of services permitted by law.17.9 VariationMr. Service may modify this Agreement at any time and such modifications shall be effective immediately upon posting the new or revised terms on the website.
Mr. Service Terms and Conditions - Provider Agreement
THESE TERMS AND CONDITIONS GOVERN THE RELATIONSHIP BETWEEN ("MR. SERVICE") AND THE SERVICE PROVIDER ("PROVIDER")
This is a legal agreement ("Agreement") for use of Mr. Service services, including but not limited to referral generation and workflow management services (the "Services") which the "Provider" has selected or initiated. The "Provider" refers to the individual or business who registered and/or provided Mr. Service his, her or their credit card or other payment mechanism for the Services or, if an individual is purchasing the Services on behalf of an entity authorized to purchase the Services on behalf of such entity, then the Provider refers to such entity. If the Provider does not agree with the terms of this Agreement, either do not sign the Agreement or alternatively if the transaction is being conducted using the internet, do not complete the Registration form and do not use or join the Services.
Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
If you do not agree to these Terms and Conditions or any part thereof, your only remedy is to not use the Mr. Service Site or Service. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE MR. SERVICE SITE OR SERVICE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE MR. SERVICE SITE OR SERVICES AT YOUR OWN RISK.
1. Right to Accept or Reject Application
Provider acknowledges that Mr. Service reserves the right to accept or reject at its sole discretion any application for Registration. Provider agrees to supply documentation required by Mr. Service to verify its qualifications and ability to perform Provider Services. Should an application for Registration be rejected by Mr. Service at its sole discretion, any money paid by Provider to Mr. Service will be fully refunded as soon as practicable.
2. Mr. Service Role
Provider acknowledges and agrees that Mr. Service role is as a neutral facilitator only and it is not directly involved in the transactions between Users and Providers and will not be involved in or a party to any agreement or arrangement between Provider and any User regarding any Job.
3. How the Mr. Service Marketplace Works
3.1 If Provider receives a Job Referral Notification or views a Job Referral that appears on the Site, it may, in its discretion choose to pursue or not pursue the Job Referral. To pursue a Job Referral, Provider must accept the Job Referral using the mechanism provided by the Service.
3.2 Provider is not capable of accepting a Job Referral that has already been accepted by the maximum number of Subscribers from whom User has requested quotes or estimates at the time of purported acceptance by Provider, whether or not Provider has been notified by Mr. Service of this or not. If Mr. Service is contacted by Provider in relation to an already accepted Job Referral, Mr. Service will endeavor to notify Provider that the Job Referral is no longer capable of acceptance by the Provider as soon as possible but does not guarantee to do so.
3.3 Subject to clause
3.2, upon Provider notifying Mr. Service of its acceptance of a Job Referral, Provider shall be liable to pay (in accordance with The Offer) to Mr. Service the applicable Job Referral Fee which shall be non-refundable. Mr. Service will then send Provider the applicable User's contact details and any other details relevant to the Job Request.
3.4 If any User's contact details given to Provider by Mr. Service are incomplete or inaccurate and do not enable Provider to contact the User, Provider must notify Mr. Service within 24 hours of discovering this and Mr. Service will endeavor to confirm the accuracy of the relevant User's contact details and provide revised contact details to Provider.
3.5 If Provider accepts a Job Referral, Provider must contact the User within 24 hours of Mr. Service giving the Provider the User's contact details, in order to (at a minimum) provide an estimate of fees and charges for the Job.
3.6 Provider acknowledges and agrees that details of performing the Job and the terms and conditions including warranties, indemnities and guarantees of any agreement relating to the Job are to be determined solely between Provider and the User and Mr. Service perform no role in this process and accepts no liability in this respect.
3.7 If, after accepting a Job Referral, Provider, (for whatever reason) elects not to perform the Job, Provider must notify Mr. Service immediately of that fact so that Mr. Service may refer the Job Request to other Subscribers. The Job Referral Fee payable by Provider will not be refunded in this circumstance.
4. Registration
4.1 Registration shall remain current only if the Registration Fee has been paid for the relevant membership period, as outlined in The Offer.
4.2 Subject to the satisfactory performance of Provider during the immediately preceding Registration period, Provider's Registration shall be automatically renewed for an equivalent period, unless a request for cancellation of Registration is notified to Mr. Service in writing within 14 days prior to the expiry of the then current Registration period. The then current fees will apply to any further Registration period and will be payable in accordance with clause 5 of this Agreement.
4.3 Provider will be issued by Mr. Service a user identification number and password to use and access the Site. Provider agrees that Mr. Service shall be entitled to assume that any person using the Site with Provider's user identification number and/or password is Provider or its authorized representative.
4.4. In order to Register and open an "Account" with Mr. Service, you must
agree to these Terms and Conditions,
provide a valid email address, and
provide any other information required by Mr. Service during the registration process.
You will update this information to maintain its accuracy during the term of this Service. You are responsible for maintaining the security of your account and password. Mr. Service cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content that you may post on the Mr. Service Site ("Content") and activity that occurs under your Account (even when Content is posted by others who have accounts under your Account). Personally identifiable information submitted by you shall be subject to Mr. Service Privacy Policy.
4.5 One person or legal entity may not maintain more than one Account. Accounts registered by "bots" or other automated methods are not permitted.
4.6 Registration may take up to 14 working days to be processed and approved.
5. Fees, charges and payment
5.1 Provider agrees that Mr. Service shall charge Provider and Provider shall be liable to pay:
the Registration Fee on activation or renewal, as outlined in The Offer;
all Job Referral Fees, as outlined in The Offer; and
any other fees applicable to any new services that Mr. Service offers or may offer and that Provider accepts during the Provider's Registration.
5.2 Once the Job Referral Credit has dropped to or is below the Job Referral Credit Notification level, Mr. Service will notify Provider. Provider acknowledges that Mr. Service may at its discretion suspend the Registration if the Job Referral Credit has a zero balance or insufficient funds for Provider to accept a Job Referral.
5.3 Payments to Mr. Service may be made by credit card, cash, or direct credit (EFT). If Provider pays by credit card, Provider agrees that Mr. Service may automatically charge any fees (including renewal fees) to such card.
5.4 Provider acknowledges and agrees that payments due under this Agreement shall not be deemed to have been received until all amounts payable are received in clear funds in Mr. Service bank account and that Mr. Service may apply any Job Referral Credit to pay Mr. Service any amount owed by Provider to Mr. Service.
5.5 Mr. Service may, at its sole discretion, terminate or suspend Registration and access to the System without notice if any payment due from Provider remains unpaid after the due date.
5.6 Mr. Service reserves the right to increase fees or to institute new fees, upon reasonable notice provided to Provider and/or posted at the Site.
5.7 A valid credit card is required for paying accounts. 5.8 All payments are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
5.9 For all accounts, Mr. Service may charge an account re-activation fee should an account need to be re-activated after an account has become de-activated due to non-payment or for other breaches of the Terms and Conditions.
6. System Records
Provider agrees that Mr. Service records (including records of SMS messages sent by or on its behalf) shall be conclusive evidence of Mr. Service transmission and Provider's receipt of notifications of Job Referrals, Accepted Job Referrals and Job Referral Credit Notifications.
7. Warranties
Provider warrants to and agrees with Mr. Service that:
7.1 it is under no legal or other impediment that may prevent it fully carrying out its obligations under this Agreement;
7.2 it and any personnel it engages are and will at all times remain qualified to offer and perform Provider Services;
7.3 it and all personnel engaged by it will comply with the Code of Conduct and exercise a high degree of skill, care and professionalism in providing Provider Services to the Users;
7.4 it has all insurance required for a service provider in the Provider's position and area of practice;
7.5 all information (including but not limited to that set out in the application for Registration/registration form) including information relating to Provider's qualifications and capacity (including those of its employees) is true and correct in every respect and will be updated by Provider if and when it materially changes during the period of Provider's Registration;
7.6 all information provided by Provider to Mr. Service or the User will not be false, inaccurate or misleading, abusive, vulgar, hateful, harassing, obscene, threatening, defamatory or violate any applicable law or regulation;
7.7 it will not impersonate or misrepresent any sponsorship, endorsement by or affiliation with any person or entity;
7.8 it will at all time comply with Mr. Service Privacy Policy;
7.10 it will not engage in misleading or deceptive marketing practices;
7.11 it will not release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Mr. Service without Mr. Service prior written approval;
7.12 at the time of accepting a Job Referral, it will be able and willing to perform the Job, within a commercially reasonable time and at a commercially acceptable price;
7.13 it must not cancel or reschedule any appointment made with a User (whether to provide a quotation, perform the Job or otherwise) without prior notification to and acceptance by the User; and
7.14 it must not charge or pass on the Job Referral Fee to the User.
8. Acknowledgements
Provider acknowledges and agrees that:
8.1 Mr. Service is not and will not be a party to any transactions between any Users and Provider;
8.2 Mr. Service does not offer professional advice to Users or other persons relating to the fitness of any goods or services for any purpose;
8.3 Mr. Service cannot and does not confirm the identity of Users, their qualifications, backgrounds or abilities;
8.4 Mr. Service makes no representation in respect of, and does not warrant to the Provider the ability of any User to pay Provider for or in respect of any Job, Provider Services or otherwise;
8.5 Mr. Service does not provide billing, money collection, reconciliation, accounting or any other services for Provider or Users each of which shall be the responsibility of Provider;
8.6 Provider is responsible for completing all transactions it participates in and providing all Provider Services agreed to between it and each User (including monitoring the status and complying with all relevant legal obligations); and
8.7 Mr. Service will not be liable for any loss or damage incurred by Provider as a result of any failure or delay in Mr. Service transmitting or providing any information to Provider or a User or removing any information from the Site.
8.8 Mr. Service offers no promise that advertising and marketing of Mr. Service will occur
8.9 Job Referrals are driven by the principles of supply and demand, and that there is no guarantee that Job Referrals will be provided to Provider during the term of this Agreement
8.10 Job Referrals are an opportunity to win work, but there is no guarantee that the Job Referral will result in paid work for Provider.
9. Site Usage
As a condition to your use of the Mr. Service Site, you agree:
9.1 not to upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another's privacy, or promotes bigotry, racism, hatred for harm against any individual or group;
9.2 not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
9.3 not to collect credit card information or other form of online payments;
9.4 not to upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another's rights, including any intellectual property rights;
9.5 not to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
9.6 not to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9.7 not to use any manual or automated software, devices, or other processes to "crawl", "spider" or "screen scrape" any web pages contained in the Mr. Service Site;
9.8 not to reverse engineer, decompile or disassemble any of the software used to provide the Mr. Service Site;
9.9 not to reproduce, duplicate or copy or exploit any other portion of the Mr. Service Site, without the express written permission of Mr. Service;
9.10 not to interfere with or disrupt the Mr. Service Site, or any servers or networks connected to the Mr. Service Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Mr. Service Site;
9.11 not to obtain, collect, store or modify the personal information about other users; modify, adapt or hack the Mr. Service Site or falsely imply that some other site is associated with the Mr. Service Site;
9.12 not to use the Mr. Service Site for any illegal or unauthorized purpose. You must not, in the use of the Mr. Service site, violate any laws in your jurisdiction (including but not limited to copyright laws)
9.13 Not to build a product using similar features, functions or graphics of the Mr. Service Site
9.14 not to modify or make derivative works based upon the Mr. Service Site
9.15 that any web sites accessible via links you have posted, within the Mr. Service Site are not under Mr. Service control and that Mr. Service hall not be responsible for the content, products, or services of any such linked website.
9.16 that you will:
notify Mr. Service immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and
report to Mr. Service immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.
9.17 you are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Mr. Service Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the Mr. Service Site itself (collectively, "Equipment"). You shall be responsible for ensuring that such Equipment is compatible with the Mr. Service Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.
10. User Feedback System
10.1 Provider agrees and acknowledges that Mr. Service operates a User feedback system, pursuant to which Users are able to post comments, compliments, criticisms and other observations regarding Subscribers, including Provider.
10.2 Provider acknowledges that feedback relating to Provider may consist of comments and ratings left by Users and that Mr. Service may calculate a composite feedback score on these individual ratings and comments.
10.3 Provider agrees:
it may be rated by Users along several criteria, as determined by Mr. Service;
that any information or material submitted by Provider to the Site will be treated as non-confidential and non-proprietary;
not to impersonate any other person in posting any comments or material to the Site;
not to post or transmit any unsolicited advertising or promotional material;
that any material may be removed from the Site without notice at any time; and
that any material or information provided by Provider may be posted in the discussion forum for User's and others to read.
10.4 Mr. Service does not monitor or censor the opinions posted by Users on the Site nor investigate any remarks for accuracy or veracity. Mr. Service does not accept any liability for the accuracy or content of any material posted by other Users or Subscribers on the Site.
10.5 Provider releases Mr. Service from any claim, demands, proceedings, losses and damages (actual, special and consequential of every kind and nature including all legal fees) that may arise as a result of any use of the feedback system on the Site. Without limiting the foregoing, the Provider releases Mr. Service from any claims for defamation arising out of any comments or other materials posted at the Site.
11. Mr. Service Rights
Mr. Service reserves the right to:
11.1 co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone using the System including Provider; and
11.2 refuse to disseminate any information and/or materials (in whole or in part) that Mr. Service in its sole and absolute discretion, regards in any way objectionable or in violation of any applicable law or this Agreement
12. Intellectual Property
12.1 All intellectual property rights in information, trade marks, logos, business processes, data and materials including without limitation all software, tools, know-how, equipment or processes, used in relation to the Service, System and on the Site shall remain Mr. Service sole and exclusive intellectual property. Provider acknowledges and agrees that it shall not acquire any rights, title or interest in or to any of Mr. Service intellectual property rights.
12.2 Where Provider posts to the Site, or otherwise provides information materials and copyright material for Mr. Service to disseminate, it grants Mr. Service a royalty free, perpetual, irrevocable licence to reproduce, modify, distribute, display and delete such content (in whole or in part) on the Site or as otherwise deemed appropriate by Mr. Service.
13. Disclaimer and Limitation of Liability
13.1 Mr. Service provides Job Referrals and User contact details to Provider on an 'as is' basis without any warranties of any kind, express, implied or statutory as to their accuracy or otherwise. Provider must satisfy itself through its own inquiries as to the ability of the User to pay for goods and services provided by Provider.
13.2 To the extent permitted by law Mr. Service excludes all liability to Provider or any other person for any loss, claim or damage (whether arising in contract, negligence, tort, equity or otherwise for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including, without limitation any loss of profits, loss or corruption of data or loss of goodwill) arising out of or in connection with this Agreement and the System.
13.3 To the extent permitted by law, Mr. Service and all affiliates and related entities of Mr. Service expressly limit their liability for breach of any non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Mr. Service sole discretion):
in the case of goods, to any one or more of the following:
the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
in the case of services:
the supply of the services again; or
the payment of the cost of having the services supplied again.
14. Sub-Contractors
Provider is liable for ensuring that all work conducted by sub-contractors complies with the Code of Conduct, good practice, involves quality workmanship, is carried out under applicable industry licences and that each sub-contractor is covered by appropriate and adequate insurance to the extent generally desirable for a service provider in the Provider's position and area of practice.
15. Indemnity
Provider indemnifies and holds Mr. Service and its parent, subsidiaries, affiliates, officers, directors, agents, employees, partners, suppliers, franchisors and franchisees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential of every kind and nature, including all legal fees) made by any User, other Subscriber or any third party due to or arising out of or in any way related to Provider's use of the Service, System or Site, its performance of any Job, its negligence, its breach of this Agreement, or its violation of any law or the rights of a third party.
16. Cancellation
16.1 Subject to clause 4.2 Provider may cancel its Registration upon notice to Mr. Service.
16.2 Provider will not be liable for any further Registration Fees once cancellation is deemed effective by Mr. Service but shall not be entitled to any refund of any fees already paid. 16.3 Upon cancellation of Registration, Mr. Service shall terminate the Provider's membership.
17. Termination and Breach
17.1 Without limiting any other remedies available to Mr. Service at law, in equity or under this Agreement, Mr. Service may, in its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate Provider's Registration and refuse to provide it services or access to the System if:
Provider breaches any terms and conditions of this Agreement, the Privacy Policy or the Code of Conduct;
Mr. Service reasonably believes that Provider's acts or omissions may adversely affect the interests of or may result in any loss or liability for Provider, Users, Subscribers or Mr. Service.
Mr. Service reasonably believes that the quality of Provider Services is of poor or deteriorating quality.
18. Effect of termination or cancellation of Registration
18.1 If this Agreement is terminated or expires and/or the Provider's Registration is cancelled or suspended or expires for any reason, Provider acknowledges and agrees:
Provider must immediately cease and refrain from representing itself as a Subscriber or otherwise having any affiliation with Mr. Service and must immediately cease using all trade marks and other material owned by Mr. Service or provided by Mr. Service to Provider;
Mr. Service will not be liable to Provider for any claims of any kind arising as a result of such termination, suspension or cancellation including but not limited to on account of the loss by Provider of present or prospective profits, anticipated orders, expenditures, investments or commitments made, goodwill created, loss of or damage to reputation or on account of any other cause whatsoever; and
those clauses capable of surviving termination of this Agreement shall continue in force.
19. Dispute Resolution
19.1 The procedure set out in this clause must be followed in relation to the resolution of a dispute concerning the interpretation of a term this Agreement or of the parties' rights or obligations pursuant to this Agreement ("Dispute").
19.2 Upon any Dispute arising, a party may give written notice to the other party that a Dispute exists ("Dispute Notice").
19.3 The Dispute Notice shall provide the recipient with the full particulars of the matters in Dispute.
19.4 The timetable and process for resolving a Dispute pursuant to a Dispute Notice is as follows:
within 5 working days of receipt of a Dispute Notice, the recipient shall hold discussions in good faith in an attempt to resolve the Dispute;
if the Dispute is not resolved within 20 days of the commencement of the meeting referred to in the previous sub-clause or if the meeting referred to in the previous sub-clause has not taken place within the 5 day period, the parties to the Dispute shall refer the matter to mediation;
within 5 working days following the expiry of the relevant period in the previous sub-clause, the parties to the Dispute must attempt to agree on the appointment of a mediator. In the absence of agreement on the appointment of a mediator, a mediator is to be appointed by the User, with the costs of the mediation to be borne equally by the parties to the Dispute;
the parties to the Dispute shall use their best endeavors to ensure the mediation takes place within 30 days of a mediator being appointed; and
any mediation that takes place pursuant to the operation of this clause is to take place in Alexandria, VA.
19.5 Except for the purpose of obtaining urgent interlocutory or declaratory relief from a court of competent jurisdiction, no party shall commence any proceedings in any court, tribunals or otherwise without first providing a Dispute Notice and complying with the dispute resolution process set out in this clause.
20. No Agency
Provider and Mr. Service are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. Circumstances beyond Mr. Service control
Mr. Service will not be liable for any failure or delay in the performance of its obligations to Provider if that failure or delay is due to circumstances beyond its reasonable control including, without limitation, any act of God or other cause beyond its reasonable control including any mechanical, electronic, communications or third party supplier failure.
22. Assignment
Provider may not assign any of its rights or obligations under this Agreement without Mr. Service prior written consent. If Provider is a company, any change in its effective control shall be deemed an assignment for the purpose of this clause. Mr. Service may assign its rights or obligations under this Agreement at any time without notice to Provider.
23. Non Transferable Registration
Provider's Registration is personal to Provider and may not be sold or otherwise transferred to another person or entity.
24. Privacy and Code of Conduct
The Privacy Policy and Code of Conduct applies to Provider and is incorporated into this Agreement by reference.
25. General
25.1 Interpretation
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Provider agrees that this Agreement may not be construed adversely against Mr. Service solely because Mr. Service prepared it.
The singular includes the plural and vice-versa.
Person includes any corporation or body corporate.
25.2 Definitions
In this Agreement the following terms have the following meanings:
"Accepted Job Referral" means a Job Referral that Provider has agreed to pursue by providing a quote or estimate to the User and/or performing the Job, irrespective of whether such referral in fact results in Provider performing the Job.
"Code of Conduct" means the code of conduct appearing at the Site, as amended from time to time.
"Job" means the provision of goods and/or services by a Subscriber to a User following a Job Request.
"Job Referral" means the provision of details of a Job Request received by Mr. Service and offered by Mr. Service to the Provider.
"Job Referral Credit" means an amount representing Job Referral Fees paid by Provider to Mr. Service.
"Job Referral Credit Notification" means the balance of the Job Referral Credit as determined by Mr. Service at which point it determines to notify the Provider that its Job Referral Credit is close to a zero balance.
"Job Referral Fee" means the fee payable in respect of each Accepted Job Referral, details of which are set out in The Offer.
"Job Referral Notification" means an SMS or message provided by any other means of communication given to Provider giving details of a Job Referral.
"Job Request" means a request made by a User (whether made by phone, through the Site or otherwise) seeking offers from Subscribers for the provision of goods and/or services.
"Privacy Policy" means the privacy policy appearing at the Site, as amended from time to time.
"Provider Services" means the goods and/or services that Provider offers and/or provides to Users and for proposals to provide.
"Registration" means the ability to participate in the System as, and in the capacity of, a Provider or potential providers of goods and/or services to Users.
"Registration Fee" means the periodic fee for Registration which may include a system fee and/or Job Referral Credit, details of which are set out in The Offer.
"Site" means the website operated by Mr. Service at www.Mr. Service.com, and all associated Mr. Service web sites.
"Subscriber" means a person or entity who has a current Registration and except where the context requires otherwise, includes Provider.
"System" or "Service" means the system operated by Mr. Service as described in this Agreement, and as it is developed by Mr. Service from time to time.
"The Offer" means the offer made by Mr. Service to the Provider via the means of the Mr. Service Offers system. The offer can contain material details including but not limited to the Offer Expiry Date, Package Type, Package Duration, Work Profile Location(s), Work Profile Category(s), Referral Fee Charges, Number of Referrals Offered, Number of Referrals Accepted, System Fee(s), Registration Fee(s), Pre-Paid Referral Fees, and/or Total Investment.
"User" means a person using the System for the purpose of making Job Requests.
25.3 Governing Law
This Agreement shall be governed in all respects by the laws of the State of Virginia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Alexandria and to the Federal Court.
25.4 Severability
The provisions of this Agreement are severable, and if any provision of this Agreement is held to be illegal, invalid or unenforceable, under present or future law, such provision may be removed and the remaining provisions shall be enforced.
25.5 No Waiver
Mr. Service failure to act with respect to a breach by Provider or others does not waive its right to act with respect to subsequent or similar breaches.
25.6 Entire Agreement
This Agreement and those incorporated herein set forth the entire understanding and agreement between the parties with respect to the subject matter hereof.
25.7 Notices
Mr. Service may provide notices to you by simply posting the notice on the Site. This is in addition to any other mode of service permitted by law.
25.8 Variation
Mr. Service may vary the terms and conditions of this Agreement by providing written notice of the changes to the Provider, which variation will be effective from the service of a notice to this effect on the Provider.