Terms and conditions for Business/ Companies

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE

 

Terms of Use

www.yonza.co.uk is owned and operated by JTSC Limited (We/Our/Us) and, together with our mobile applications is made available to you on the following terms and conditions (Terms). By using the Site and the services available on it you are deemed to accept these Terms and any additional terms and conditions which expressly apply to services and information provided by third parties.

These Terms set out the information applicable to you, being a Customer who wishes to use the Site in order to search for a service (Services).

By using the Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you cannot use the Site.

1. About Us

We are a limited company registered in England and Wales under company number 13796517 with Our Registered Office at Midland House, 2 Poole Road, Bournemouth, BH2 5QY. If you wish to contact Us, please use our Email Address..

2. Terms

2.1 Definitions

2.1.1 In these Terms the following words shall have the following meanings:

  • Business Day: means a day other than a Saturday, Sunday or public holiday;
  • Confirmed: a confirmed job for a Professional Service/Person to carry out
  • Customer: any person, company, organisation or firm who requests a quote for Services via the Site;
  • Email Address: means [email protected]
  • Membership Start Date: the Membership commencement date;
  • Membership: the understanding between Us and the Professional Service/Person for the use of the Site governed by these Terms and the documents referred to in them;
  • Professional Service/Person: means any person or business that wishes to utilise the Site to display their services.
  • Quote/Lead: pertaining to a Customer's request of a quote for a price for a service, this is also referred to as a lead;
  • Registered Office Address: means Midland House, 2 Poole Road, Bournemouth, BH2 5QY.
  • Services: the category in which has been selected by the Professional Service/Person.
  • Site: this is the online platform and mobile applications provided by Us to you.

3. Basis of contract

3.1 The Services

3.1.1 After a Professional Service/Person has completed the sign-up process, they may receive invitations to quote from the categories/services that have been selected relating to the postcode areas also selected.

3.1.2 Subject to clause 3.1.3 below, a Professional Service/Person may receive quotes in accordance

with the specification for the Services appearing on the Site.

3.1.3 We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.

3.2 Profiles

3.2.1 You can include photos and a video within your profile (Profile) on the Site, whether these relate to a specific service or they are generic about your organisation. Customers will then have access to those photos and videos. Your Profile will remain active until you ask us to delete your account from Our database. Deletion of your Profile will mean that all data We hold on your behalf will be removed within [ ] days and will not be recoverable.

3.2.3 We reserve the right to temporarily or permanently restrict the data volume for uploads of data, especially if necessary due to technical reasons, for example in order to maintain or optimise the Service, therefore we do not warrant or guarantee a minimum volume of storage capacity for your Profile.

3.2.4 We encourage you to make any photos and videos as clear, engaging, and informative as possible. You agree that We may, at Our discretion and without liability to you, remove from the Site any video which does not comply with the following content standards (Content Standards).

3.2.5 Videos may only be placed on the Site to either advertise genuine services or inform the viewer about your business. The Site must not be used for the purposes of advertising other services, whether for the Professional Service/Person or on behalf of another person;

3.2.6 Photos and videos must not include content which we deem to be foul, explicit or otherwise inappropriate in any way.

3.3 Your Obligations

3.3.3 It is your responsibility to:

  1. co-operate with Us in all matters relating to the Services;
  2. provide Us with such information and materials We may reasonably require in order to advertise Services, and ensure that such information is complete and accurate in all material respects;
  3. deal fairly, professionally and honestly with individuals who request quotes and book jobs; and
  4. comply with all applicable laws.

3.3.4 The information and services available on the Site are provided for the exclusive use of Customers looking to receive quotes for services and for Professional Services/Persons to provide quotes. You may use the Site for these purposes only and for no other personal or commercial purpose. Specifically, you may not use the Site:

in any way that breaches any applicable local, national or international law or regulation;

  1. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  2. For the purpose of harming or attempting to harm others, in any way;
  3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards;
  4. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  5. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  6. To reproduce, duplicate, copy or re-sell any part of the Site;
  7. To access without authority, interfere with, damage or disrupt any part of the Site, any equipment or network on which the Site is stored, any software used in the provision of the Site or any equipment or network or software owned or used by any third party; or
  8. To do anything which may bring Us or the Site into disrepute.

3.3. 5 You must not share with or disclose to any third party, in any way, your access details to the Site, including but not limited to usernames and passwords, unless these terms expressly authorise such disclosure or you are compelled to do so by law.

3.3.6 If the Site fails for any reason, for example server issues:

3.3.7 We will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from Our failure of the Site.

3.3.8 If the Site is inaccessible for more than a 24 hour period on any Business Day, We will provide to you a pro-rata refund of fees equating to the time period that the Site is not able to be used (up to a maximum of 1 month).

3.5 Charges and Payment

3.5.1 In consideration of Us providing the Site to respond to quote requests, you must pay Our charges (Charges).

3.5.2 The Charges are the prices quoted and set.

3.5.3 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay Us such additional amounts, at the applicable rate, at the same time as you pay the Charges. We reserve the right to charge you VAT if it becomes payable at any point in the future.

3.5.4 Payment for the Charges of Our Services will be due 90 calendar days after the Membership start date and will be set up as a Direct Debit.

3.5.5 You may subscribe for the Services on a monthly basis and payment of the Charges will be as follows:

  1. You will be billed on the 1st Business Day of every Contract Month. You may cancel your monthly subscription at any time in writing however if you cancel part way through a Contract Month, We will not refund any sums paid by you in respect of the remainder of that Contract Month.
  2. If you fail to make a payment, then, without limiting Our rights and remedies, we reserve the right to revoke your Membership, and you will no longer receive any requests to quote from Customers.

3.6 Candidate Data

3.6.1 When a Customer submits a service quote, details of their request (Customer Data) will be sent to your account on the Site. You acknowledge that, without notice to you, We may delete such Customer Data in order to comply with guidelines regarding the holding and deletion of data relating to Customers, including where the Customer to whom the Customer Data relates decides to delete their profile.

3.6.2 As a controller of Customer Data, We will comply with Our responsibilities under the General Data Protection Regulation (EU) 2016/679 (GDPR), which may include disclosure of Customer Data to the Customer if the Customer submits a request to access their data.

3.6.3 For the purposes of the GDPR, you are a joint controller for Customer Data held on your Profile. You agree that you will be responsible for ensuring that any Customer Data which you enter on the Site is accurate, deleting Customer Data when you no longer require it, and responding in a timely fashion to any request from a Customer seeking to exercise their rights under the GDPR, including requests which we receive and pass to you because We are not able to assess them, for example where a Customer asks for inaccurate data to be corrected.

3.6.4 You also agree that you will use the Customer Data in accordance with your own privacy notice and only to process their quote request for the specific service which they have enquired.

3.6.5 You will indemnify Us from and against any claim brought by an individual against Us arising from your breach of this obligation or any other of these Terms.

3.7 Intellectual Property

3.7.1 Please be aware that we may use any feedback, comments, or suggestions that you send us without any obligation to you.

3.7.2 We may also use the Professional Service/Person’s materials uploaded to the Site irrevocably.

3.7.3 The technology we use to provide the Services are protected by copyright and trademark.

3.8 Termination

3.8.1 Without limiting any of Our other rights, We may suspend your Membership, or terminate the Membership with immediate effect by giving written notice to you in the post or via email if:

  1. You commit a material breach of any term of the Terms and (if such a breach is remediable); or
  2. You fail to pay any amount due on the due date for payment; or
  3. You take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; or
  4. You suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
  5. Your financial position deteriorates to such an extent that in Our opinion your capability to adequately fulfil your obligations has been placed in jeopardy.

3.8.2 Where a breach of these Terms has occurred, We may take such action as is deemed appropriate, including but not limited to:

  1. Immediate, temporary or permanent withdrawal of your right to use the Site;
  2. Immediate, temporary or permanent removal of any photos, videos or other material uploaded by you to the Site;
  3. Issuing you with a warning;
  4. Us bringing legal proceedings against you in relation to any breach; and/or
  5. Disclosure of such information to law enforcement authorities as We reasonably feel is necessary.

3.8.3 Termination of your Membership will not affect your or Our rights and remedies that have accrued as at termination and any provision of the Terms that expressly or by implication is intended to come into, or continue in, force on or after termination will remain in full force and effect.

3.8.4 If you wish to terminate your Membership you must provide notice in writing to Our Registered Office Address or Our Email Address.

3.9 Force Majeure

3.9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Terms that is caused by any act or event beyond Our reasonable control (Force Majeure Event).

3.9.2 If a Force Majeure Event takes place that affects the performance of Our obligations:

  1. We will contact you as soon as reasonably possible to notify you; and
  2. Our obligations will be suspended and the time for performance of Our obligations will be extended for the duration of the Force Majeure Event. We will confirm a revised date for when the Services will be available to you after the Force Majeure Event is over.

3.9.3 You may cancel your Membership affected by a Force Majeure Event which has continued for more than 30 days. To cancel please contact Us. If you opt to cancel, We will refund the Charges you have paid, less the Charges reasonably and actually incurred by Us in performing the Services up to the date of the occurrence of the Force Majeure Event.

3.10 Limitation of Liability

3.10.1 Non-guaranteed Services are provided at your own risk, without express or implied warranty or condition of any kind. We also disclaim any warranties of merchantability, materials for a particular purpose. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other physical harm and Injury that results from your access to or use of the Services.

3.10.2 We are not responsible for any losses you may sustain as a result of your negligence to any Customers you may engage with.

3.11 Other Important terms

3.11.1 We may transfer Our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the Contract.

3.11.2 You may not transfer your rights or your obligations under these Terms to another person.

3.11.3 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

3.11.4 If We do not insist immediately that you do anything you are required to do under these Terms, or if We delay in taking steps against you in respect of your breaking the Terms, that will not mean that you do not have to do those things or prevent Us taking steps against you at a later date. For example, if you are unable to make a payment when due and We do not chase you, but we continue to provide the Services, We can still require you to make the payment at a later date.

3.11.5 We may amend these Terms from time to time. Every time you wish to use the Site, please check these Terms to ensure you understand the Terms that apply at that time.

3.12 Governing Law

These Terms, their subject matter and its formation are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

3.13 Leads

3.13.1 We cannot guarantee that you will receive any quotes from customs and win quotes from customers We will provide aided help as and where needed by way of:

  1. Advising on way to improve profiles, such as photos, videos and word content;
  2. Analysing postcode/radius choices;
  3. Exploring additional services/ categories; and
  4. Uploading all necessary documents/certificates relevant to their service.

3.14 Guarantee

Our members go through a detailed vetting process before they are displayed on our portal, this way, we can ensure we are only providing services that can deliver high quality customer service

3.16 How do We vet their services?

  1. Face to face meetings (including virtual meetings);
  2. All necessary insurances are in place and documents where applicable ;
  3. Qualifications for the right service;
  4. Proof of address; and
  5. ID (passport and driver's licence).

3.17 Guarantee Exclusions

  1. Customer Compensation;
  2. Subcontractors;
  3. When a service is cancelled by the Professional Service/Person (cancellations);
  4. Refunds;
  5. Our guarantee is superseded by the Professional Service/Person'sIndemnity insurance/Public Liability insurance.

3.18 Customer Journey

  1. Visit the Site;
  2. Enter in a few key details and upload a photo or video if applicable;
  3. Receive quotes from vetted services via the website;
  4. Review and compare;
  5. Book a job in with a Guaranteed Member (All Guaranteed Members profiles will display this logo: )
  6. Pay via the app, by cash or bank transfer.

3.19 High Level of Professionalism

3.19.1 Every service we are guaranteeing you will note it is labelled as ‘High Level of Professionalism.’ Our definition of High Level of Professionalism is as follows:

  1. Competence and skills expected of a professional ;
  2. Good judgment;
  3. Polite behaviour;
  4. High standards of practice and ethics in their particular field;
  5. Honesty ; and
  6. The conduct exhibited by people who are providing advice and services that require expertise and that meet defined or generally accepted standards of behaviour.

3.20 Data Protection

3.20.1 Our use of Profiles and other personal information supplied by users of the Site is governed by our Privacy Policy. Please click here [https://yonza.com/privacy-policy] to view our Privacy Policy. This sets out the terms on which We process any personal data We collect from you, or that you provide to Us. Any Personal data supplied to us will be safely stored on the Site. Personal data which you supply to Us may be transferred to third party service providers to be stored or processed on Our behalf, including third parties located outside of the United Kingdom in countries where there may be a lower legal level of data protection. However, We will always endeavour to handle your information in accordance with Our Privacy Policy, wherever it is processed. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

3.20.2 By creating a video/photos through the Site for quote purposes, you are requesting and authorising Us to make this available to third parties. Once this is provided to the Professional Service/Person, We have no control over their use or disclosure of that content and information. If you wish to request, they delete, modify, or maintain confidence over any such information, you must make such a request directly to the recruiter or employer.

3.20.3 Upon termination of your Membership on the Site, all data held by Us will be [deleted] OR [stored on our secure Site for X months and then permanently deleted].

3.21 Your Profile

3.21.1 You can create a profile (Profile) within your account, services can view your Profile post a job on the Site. The respective Service Provider/Professional will have access to your Profile as soon as this is posted. Your Profile will remain active until you ask us to delete your account from Our database.

3.21.2 We reserve the right to temporarily or permanently restrict the data volume for uploads of data, especially if necessary due to technical reasons, for example in order to maintain or optimise the Service, therefore we do not warrant or guarantee a minimum volume of storage capacity for your Profile.

3.21.3 We encourage you to make any Photos/ videos as clear and informative as possible. You agree that We may, at Our discretion and without liability to you, remove from the Site any video which does not comply with the standards set out under the ‘Use of the Site’ section below.

Use of the Site

3.21.4 The information and services available on the Site are provided for the exclusive use of individuals looking to find a service. You may use the Site for these purposes only and for no other personal or commercial purpose. Specifically, you may not use the Site:

  1. In any way that breaches any applicable local, national or international law or regulation;
  2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  3. For the purpose of harming or attempting to harm others, in any way;
  4. To send, knowingly receive, upload, download, use or re-use any material which we deem to be foul, explicit or inappropriate in any way;
  5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  6. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

  7. To reproduce, duplicate, copy or re-sell any part of the Site; or

  8. To access without authority, interfere with, damage or disrupt any part of the Site, any equipment or network on which the Site is stored, any software used in the provision of the Site or any equipment or network or software owned or used by any third party.

3.22 Account Security

3.22.1 You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Us of any unauthorised use of your account.

3.22.2 You must not share with or disclose to any third party, in any way, your access details to the Site, including but not limited to usernames and passwords, unless these Terms expressly authorise such disclosure or you are compelled to do so by law.

3.22.3 All copyright, database rights and other intellectual property rights in the Site and the material available on the Site belongs to Us or Our third-party suppliers. Use of the Site does not give you any proprietary rights in such materials.

3.22.4 You, and not Us, are responsible for maintaining and protecting your account.

3.23 Eligibility

3.23.1 Customers must be 18 years of age or over to request or search for Services as a Customer on the Site.

3.23.2 We require that all Professional Persons are at least 18 years old. If you think a Professional Person registered as a Professional Service/Person on the Site is under 18, or if someone using a Professional Service/Person’s account is under 16, please let us know by email at [email protected].

3.24 Links and User Content

3.24.1 It is not possible for us to review all websites which are linked from the Service (or link to the Service), and you should therefore take care when following any link. We cannot accept liability for any loss or damage that may be suffered as a result of following any links.

3.24.2 You are responsible for your own communications and for any consequences arising out of them. The customer dashboards are intended to allow users to send and receive messages and material that are legal, proper and related to the particular service, and you agree that you shall use them only for this purpose.

3.24.3 We do not guarantee the truthfulness, accuracy, or reliability of any communications posted by a Professional Service/Person or endorse any opinions expressed. You should take all due care in relying on material posted on the Site, as this is done at your own risk.

3.24.4 Always use caution when giving out any personally identifying information about yourself, and do not give personally identifying information about any other person unless entitled to do so.

3.25 Review/Feedback

3.25.1 After you have completed a Service, you may choose to provide a review to help other Professional Services/Person’s decide whether to accept a quote from that customer in the future.

3.25.2 Customers can also leave reviews, relating to the experience they have had with a Professional Services/Person’s. If you have received a review you are not happy with, please contact [email protected] for further investigation.

3.25.3 If a Professional Service/Person provides feedback about a Customer, they must follow this clause 3.26 in relation to Customer Content standards.

3.25.4 A Professional Service/Person must be honest in all feedback they post. They must not post negative feedback unless it relates to genuine non-provision of or poor quality experience without grounds for a genuine reason by the Customer.

3.26 Payment fees

When a Customer pays you (a Professional Service/Person) via the Site, a small transaction fee is accrued via our payment partner, Stripe Inc. We take no profit from payment fee. Fees may vary depending on how the Customer pays. For further information regarding Stripe Inc. Fees, please contact [email protected].

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