Terms & Conditions

Temptask Limited – Quantity Surveyor Agreement

1. Introduction

This document informs you of the additional terms and conditions on which you may make use of our introduction services via www.temptask.co.uk (" our site") as a Quantity Surveyor (a "QS" or "you") by registering on our site and using our site as a platform for the provision of Quantity Surveying services to other users of our site ("Agreement").

Please read this Agreement, our Privacy Policy and our Website Terms of Use thoroughly before using our site. By using our site, you acknowledge and agree to be bound by the terms and conditions of the Agreement, our Privacy Policy and the Website Terms of Use. If there is an inconsistency between the Agreement and the Website Terms of Use, the terms and conditions of the Agreement shall prevail to the extent of the conflict or inconsistency.

Our site is operated by Temptask Limited ("we", "us"). We are registered in England and Wales under company number 07643886 and have our registered office at 22 Harvest Close, Stoke Heath, Bromsgrove B60 3QS.

We are a site facilitating the matching of Quantity Surveyors with other users of our site ("Clients") who are looking for Quantity Surveyors to carry out quantity surveying tasks (“Tasks”) on their behalf. We provide certain tools to facilitate a transaction between a QS and a Client.

The task contract provided by us on our site for the provision of services by a QS to a Client is a contract directly between you and the Client (" Task Contract"). Each such agreement between you and the Client shall be known as a "Task Contract". You may add your own additional or special terms and conditions (“Special Terms”) to a Task Contract but certain terms must be incorporated into any and every Task Contract agreed with a Client.

In using our site and the services we offer, you acknowledge and agree that Temptask:

  • is only providing a service to facilitate arrangements between Clients and QS’;
  • is not a party to any contract between a Client and a QS;
  • is not responsible for the delivery of any Task to a Client and that you retain sole responsibility for the performance of and delivery of a Task; and
  • is not responsible for the quality or type of Clients and that it is your responsibility to vet and validate Clients.

2. Rules for registering on our site

By registering on our site and by providing information to us, you agree to the following:

  1. That we may undertake a search with Experian or another third party provider for the purposes of verifying your identity and other details provided to us. To do so, Experian or another third party provider may check the details you supply against any particulars on any database (public or otherwise), to which they have access. They may also use your details in the future to assist other companies, for verification purposes. A record of the search will be retained by us.
  2. To provide us proof of personal identification.
  3. That your qualifications and experience accurately describe and reflect the qualifications and the experience that you have and that on our request you will provide certificates and/or references supporting such qualifications and experience for our verification.
  4. That all your personal information will be held and handled in accordance with our Privacy Policy (qs.temptask.co.uk/privacy).

3. Use of our site

You will use our site to register your details so that you may be considered for Tasks posted by Clients and to communicate with Clients both prior to accepting a Task and, following agreement of a Task Contract with a Client, to carry out the Task. Our site provides an in-built messaging system (“ Temptask Message”) for this purpose which has the facility to upload and share documentation necessary to undertake a Task. All communications with a Client must be undertaken through Temptask Message.

In respect of any:

Task Content you submit to our site, as between us and you, you will retain the intellectual property rights in such Task Content. By submitting Task Content to our site, you hereby grant to us, our sub-licensees and assignees, a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use, edit, reproduce, distribute, make available to Clients and to display the Content by any medium or method whether now known or later developed for the purpose of the services provided via our site; and

Personal Information you submit to our site, you give your specific permission to us holding that information in accordance with our Privacy Policy and by submitting Personal Information to our site, you hereby agree to us, our sub-licensees and assignees, sharing such Personal Information with Clients and with our sub-contractors for the purposes of providing the services offered via our site and for promoting your services via our site.

You warrant and agree that:

  1. you own or have the necessary licences, rights and consents in writing in and to any Task Content that you submit to our site and you will provide to us evidence of all such licences, rights, consents and permissions if we so request;
  2. the Task Content is your own original work and has not been copied wholly or substantially from a third party;
  3. the Personal Information is accurate, complete and true;
  4. the Personal Information is not deceptive, misleading or deceitful;
  5. no Personal Information or Task Content is or will be discriminatory based on race, colour, national origin, religion, sex, familial status or disability, or violates any applicable law prohibiting discrimination on the basis of these or other characteristics;
  6. the Task Content will not contain 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;
  7. the Task Content will comply with all applicable laws and regulations; and
  8. neither the Task Content nor the Personal Information will contain any Inappropriate Content.

"Inappropriate Content" means:

  • any nudity, lewd gestures or any other material that is threatening, offensive, violent, pornographic, obscene, hateful, discriminatory or that could encourage the commission of a criminal offence;
  • any material that is defamatory or libellous;
  • any material which infringes the copyright or other intellectual property rights of a third party, or which breaches any privacy rights of a third party;
  • inaccurate or false information;
  • misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our site; or
  • any other material which is considered to be inappropriate

You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with any one of the following:

  1. any failure by you to obtain the necessary licences, rights and consents in and to any Task Content that you submit to our site;
  2. any claim by a user or any third party in connection with or resulting from the Task Content, including any claim that the Task Content infringes the intellectual property or other proprietary rights of a third party; and
  3. the inclusion of any Inappropriate Content in any Task Content or Personal Information.

We reserve the right to remove from our site without notice and at our sole discretion:

  1. any Task Content or Personal Information which we consider to contain Inappropriate Content; and/or
  2. any Task Content in respect of which we have received notification that such content infringes, or may infringe, the intellectual property rights or privacy rights of a third party or breaches a duty of confidentiality to a third party.

We reserve the right to co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any Inappropriate Content or other similar material onto our site.

4. Availability and selection for Tasks

On receipt of a Task request from a Client, if the Client requests a specific QS by name, Temptask will forward the Client’s request to that QS and the QS must respond to the Client via Temptask Message as soon as is practicable and in any event before the tender response date stipulated in the Task request. The price and any Special Terms must be included in Temptask Message and accompany your tender submission for a Task Contract.

On receipt of a Task request from a Client that doesn’t request any specific QS by name, Temptask will contact a selection of suitably qualified and/or experienced QS’s on its database.

QS to respond as soon as is practicable and in any event before the tender response date stipulated in the Task request indicating a willingness to be put forward and if so, a price and any Special Terms applicable to the Task. Failure to respond by the tender response date stipulated in the Task request will preclude you from being included in the list of QS’ sent to the Client.

We reserve the right to select the group of QS’ to be put forward to the Client without any liability or obligation to you.

Once an individual QS or a selection of QS’ has been submitted to Client, all further communications in respect of agreement of a Task shall be direct between the Client and QS via Temptask Message and it shall be up to the QS and the Client to agree whether to enter into a Task Contract.

You should only tender for a Task posted on Temptask if you have the capacity to complete the Task by the Task Completion Date as stipulated in the Task request.

5. Payment of Fees

Prices and Payment

To be registered on the site, QS shall pay an annual registration fee as stipulated on the site. We may waive this fee in our absolute discretion.

All prices for Tasks shall be quoted by you within the relevant fields in Temptask Message. Temptask Message will automatically add onto the price quoted by you a 20% commission (collectively, the “Client Fee”). All quotes must be fully inclusive of any amounts for expenses and disbursements. The Client will be charged the Client Fee and we will deduct the commission from the Client Fee before paying the balance to you on satisfactory completion of a Task. We retain the right to change the commission rate on giving you 30 days prior written notice.

The Client will be required to make payment of the full amount of the Client Fee to Temptask prior to you undertaking any Task for the Client. Temptask shall hold that payment until notified by the Client that the Task has been completed and that payment should be released.

In the event the Client and the QS agree variations, including cancellations, to the Task during the delivery of a Task, all such variations shall be recorded on Temptask Message and any changes in the price as a result of such variation shall be quoted and agreed via Temptask Message. If the QS carries out any work on a variation before the Client has made payment in full for such variation via the site, payment for such work shall be at the risk of the QS.

Taxes and VAT

All prices quoted in Temptask Message should be quoted exclusive of any VAT.

If you are registered for VAT, Temptask will pay your fee plus VAT added at the relevant rate subject to receipt of a valid VAT invoice. You are responsible for accounting to the relevant authorities for taxes (including, where relevant, VAT, other sales taxes and all income taxes) on the fees you receive via us from Clients.

Payment details

We shall retain your payment details in accordance with applicable laws and regulations. Other than as required by any applicable laws and regulations, we do not accept any liability or responsibility in relation to storing and using your payment details. If you have provided us with incorrect payment details (including, without limitation, bank account information) then we shall not be responsible for any failure or delay in processing payments and you shall be liable for all costs expended by us in relation to any payments.

Receiving Payments from Clients

No QS may request payment from a Client via any means other than via our site. Such actions may result in immediate termination of your registration on our site. For the avoidance of doubt, if we have grounds to believe you have accepted Client Fees by other means, we reserve the right to charge you the commission we would have earned on such Client Fees.

We will hold the money paid by Clients until the Task is completed and we have been notified of this by the Client, whereupon we will facilitate the transfer of payment to you for the agreed final amount including any variations agreed and paid for during the course of the Task within 7 calendar days of receipt of a bona fide invoice, clearly stating the following information as applicable:

  • Task Reference
  • Company or individual name
  • Client Completion Notification Date
  • The Final amount, including any variations agreed during the course of the task
  • VAT at the prevailing rate, where applicable (if the QS is VAT registered)
  • VAT number
  • Bank Account number
  • Bank Sort Code

Payment will be made by electronic transfer to your nominated bank account.

We will act as agent for you in facilitating the Client’s payment, however, we are not a party to your transactions with the Client and are not responsible for ensuring that Clients make payments to you. We will not be liable or responsible for any refunds or any disputes between you and the Client.

You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with payment for a Task, in particular any claims from Clients, and for any liabilities arising from any tax authority for any incorrect tax calculations or submissions.

6. Feedback

When a Task is completed and you have been paid by the Client, the Client will be asked to provide both qualitative feedback and a rating from 1-5 for your completion of the Task. This rating will influence your ranking on our site. If requested by Temptask, you will provide feedback for the Client.

All feedback should be completed honestly and users of our site must not falsify feedback, manipulate or coerce another user by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to Temptask and we reserve the right to adjust or discount feedback where we believe such action to have taken place.

Feedback comments that contain Inappropriate Content or are reported to us as defamatory, abusive or offensive will be reviewed and may be removed at our discretion.

7. Temptask Property

All copyright, database rights, trade marks and design rights ("Intellectual Property") in our site and in the material published on it belong to us or our licensors.

You may download material from our site for the sole purposes of using our site and carrying out Tasks, but you must not copy, transmit, modify, republish, save, pass off or link to any content or material on our site without our prior written consent.

You acknowledge that access to Clients with available Tasks is valuable proprietary information of Temptask and that in consideration of Temptask giving you access to such Clients and Tasks, you agree:

  • not to collude with other QS’, Clients or other third parties in submitting a tender via Temptask; and
  • that for a period of 12 months following the completion of any Task, you will not work directly for the Client of such Task without first seeking the prior written agreement of Temptask.

Temptask reserves the right to terminate your registration on the site in the event you breach these provisions and to charge you commission in accordance with the terms of this Agreement in the event you do work directly for any such Clients.

8. Termination of registration

If a QS wishes to have their details removed from our database, this will be done as soon as we receive formal notice from the QS via email to enquiries@temptask.co.uk. In such circumstances we shall continue to process Tasks agreed before the QS’ details are removed in accordance with the terms of this Agreement and the provisions of this Agreement shall continue to apply.

We reserve the right to terminate your registration on our site on written notice in the event you are in breach of any of the terms of this Agreement.

9. Claims and Dispute Resolution

You acknowledge that any claim you may have that is in any way connected with a dispute you have with a Client must be brought directly against that Client and not against us. If a Client has a complaint in connection with the Task Contract or provision of your services, then you will deal with such complaint in accordance with the Task Contract. We will notify you of any complaints we receive from Clients in relation to your Task Contract with them.

In the event you and the Client cannot resolve a complaint in accordance with your Task Contract, you and the Client may refer the matter to our dispute review service by completing the online dispute review forms and by both you and the Client paying the specified fee and agreeing to abide by the terms of the dispute review service.

We will use our reasonable endeavours to resolve the complaint in accordance with the process stated on our dispute review service but we cannot guarantee that we will be able to resolve all complaints or disputes between you and a Client.

We will only release a blocked or suspended payment following resolution of a complaint between you and a Client where we have been notified by both of those parties that the complaint has been resolved.

You agree to compensate us for any claims, actions, costs, expenses (including but not limited to legal costs and disbursements), losses or damages suffered or incurred by us as a result of any claim made against us by a Client, a user of our site or any other third party as a result of or in relation to your dealings with users of our site, including:

  • any error, mistake or inaccuracy, or misleading or fraudulent representation, contained in any statement, description, representation or other information made about or in connection with you and your abilities;
  • any act or omission by you or third parties on your behalf or any failure by you to comply with any of the terms of a Task Contract between you and a Client;
  • any loss of or damage to personal possessions at a Client’s worksite or workplace; and
  • any incident or occurrence which takes place at a Client’s worksite or workplace, including any personal injury suffered by yourself or any other person whilst at such worksite or workplace or as a result of your negligence.

10. Our Liability and Responsibility

We act merely as a facilitating service through which users of our site advertise services they require and you can offer to carry out those services and we make no representations or warranties regarding the capacity of any user of our site to enter into a Task Contract with you.

To the extent permitted by law, we hereby expressly exclude:

  1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
  2. Any loss or damage suffered or incurred by you as a result of:
    • the act or omission of any user of our site or any failure of a Client to perform or comply with any of the terms of a Task Contract between you and the Client, including a failure to pay any sums required under the Task Contract;
    • any damage to your property or death or personal injury as a result of carrying out a Task.
  4. 3. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation:
  • any liability for loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and
  • 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.

Nothing in this Agreement affects 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.

11. General

Interruptions in our service

Whilst we take every care to maintain the continuity of our site, the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate our site or any particular part of it.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Contractual Relationship

We act as agent for the QS for the facilitation of payments in relation to undertaking Tasks through our site. Except for this agency relationship, nothing in this Agreement or in your use of our site creates, or is intended to establish, any partnership, joint venture or similar relationship between us and you.

For the avoidance of doubt, Temptask Limited never acts as a principal in connection with any of the transactions or services available on or through our site.

Law and jurisdiction

This Agreement is governed by the laws of England and Wales, and the courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, this Agreement or any use of our site.

Events beyond our control

We will not be in breach of this Agreement, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, terrorist events, breakdown of systems or network access, flood, fire, explosion or accident.

Entire agreement

This Agreement, the Website Terms of Use and the Privacy Policy shall contain all the terms agreed between you and us regarding their subject matter and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between you and us prior to an Agreement except as expressly stated in this Agreement.

No Third party rights

Nothing in this Agreement is intended for the benefit of any third party, and the parties do not intend that any term of this Agreement should be enforceable by a third party either under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Invalidity

If a provision of this Agreement (or part of any provision) is found illegal, invalid or unenforceable, the enforceability of any other part of this Agreement will not be affected.

Variations

We may revise this Agreement at any time by amending this page or by publishing notices elsewhere on our site.

Notices

Any notices that you wish to send us should be emailed to enquiries@temptask.co.uk. Any notices that we may wish to draw to your attention to will be emailed to the most recent contact details as provided by you through our site.



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