Member Terms & Conditions

Important information

Please read these Member Terms & Conditions carefully before completing your registration as a member on our site.

These terms (together with the documents referred to in them) (“Member Terms & Conditions”) set out the basis on which you may:

Advertise your services as a technician (a “Member”).
Receive quote requests from potential customers who have registered on the site (“Customers”).
Send quotes (“Quotes”) to Customers through our website www.itechnician.co.uk (the “site”).

We recommend that you print a copy of these terms for future reference.

These Member Terms & Conditions incorporate the following additional terms, which apply to any use of the site, including your activities as a Member. If there is any conflict between those additional terms and these Member Terms & Conditions, these Member Terms & Conditions will prevail:

Our Website Terms of Use, which set out the general terms that apply to use of the site.
Our Privacy & Cookie Policy, which explains how we use cookies and sets out the terms on which we process any personal data we collect from you or that you provide to us. By using the site, you consent to this processing and you warrant that all data you provide is accurate.

References in these Member Terms & Conditions to something being “in writing” include email.

Registering as a Member

A Member’s registration and continued participation on the site confirms that the Member accepts these Member Terms & Conditions and agrees to comply with them. If the Member does not agree to these Member Terms & Conditions, it must not proceed with any activity as a Member on the site.

From the date on which we (“itechnician.co.uk”) notify you that we have accepted your application to list your services on the site:

You may set up a profile page on the site and upload content about your business and the services you provide.
You may receive quote requests from users of the site and may provide Quotes for us to forward to them (as described below).

For the avoidance of doubt, the Member accepts that:

The contract for the supply of services is formed between the Member and the Customer separately from their use of the site and on terms to be agreed between the Member and the Customer.
At no time will a contract for the supply of services exist between itechnician.co.uk and any Customer in relation to services ordered by that Customer as a result of visiting the site and/or receiving a Quote through the site.

Our services to Members

itechnician.co.uk shall provide the following services (“Services”) to validly registered Members on the site under these Member Terms & Conditions:

Provide the Member with a password to access a dedicated area of the site where the Member may:

Upload content to promote its services.
Receive Customers’ quote requests and any other information that the Customer provides in the comments section of the quote form.
Submit Quotes for Customers, which (provided the Quote is received by us within 5 days of the relevant quote request) we will forward to those Customers.

The parties agree that itechnician.co.uk’s provision of the Services is subject to and dependent on:

The Member accepting that, except for bespoke graphics or product images supplied by the Member that itechnician.co.uk agrees to include, the quality, functionality and look and feel of the site (including the Member’s dedicated area) are determined by itechnician.co.uk. While itechnician.co.uk will take reasonable steps to ensure that the Member’s area is of a quality and functionality consistent with areas dedicated to other Members, no guarantees or warranties are given. The Member also accepts that itechnician.co.uk may edit the content of the Member’s profile page at its sole discretion.
The Member being and remaining properly incorporated and/or established (whether as a company, partnership, unincorporated association or sole trader).
The Member accepting that quote requests may be deleted from the Member’s dashboard if the Member has not responded within 5 days of the date of the request.
The Member accepting that, if the Member has sent a Quote in response to a quote request, that Quote cannot be deleted by the Member.
The Member having and maintaining, at its own cost, internet access and up-to-date computer hardware and software (including virus protection) suitable for accessing and using the site.
The content of the Member’s dedicated area of the site complying with:

The acceptable use terms set out in the Website Terms of Use; and
Any additional reasonable instructions issued to Members by itechnician.co.uk from time to time.

Duration of our services

The Services under these Member Terms & Conditions shall (subject to earlier termination under the “Termination with cause” provisions below) continue indefinitely unless and until terminated by either party giving the other thirty (30) days’ notice of termination.

Warranties

Each party warrants to the other that it has full power and authority to enter into and perform its obligations under these Member Terms & Conditions.

The Member warrants that its activities in connection with the site will be carried out:

With reasonable care and skill.
In accordance with generally recognised commercial practices and standards.
In accordance with standards reasonably required by itechnician.co.uk, including the following, which itechnician.co.uk may reasonably require the Member to evidence:

The Member shall comply with all applicable laws.
The terms on which the Member supplies its services to consumer Customers of the site shall:

Comply with applicable consumer protection laws and guidance; and
Contain the information required or recommended by such laws and guidance (for example, the Member is responsible for notifying Customers of their legal rights concerning cancellation and refunds).

The terms on which the Member supplies its services to Customers of the site shall be consistent with any terms described in its listing on the site and/or in any Quotes.
The Member holds, and will continue to hold, appropriate insurance cover for its potential liability in relation to the supply of its services and its obligations under these Member Terms & Conditions.

itechnician.co.uk shall perform the Services with reasonable care and skill and in accordance with generally recognised commercial practices and standards.

itechnician.co.uk does not warrant that the operation of the site will be uninterrupted or free from errors or material defects. The parties also agree that all other warranties, conditions or terms implied by law or custom do not apply to the Services.

Limitation of remedies and liability

Nothing in these Member Terms & Conditions operates to exclude or limit either party’s liability for:

Death or personal injury caused by its negligence.
Fraud.
Any other liability which cannot be excluded or limited under applicable law.

itechnician.co.uk shall not be liable to the Member for:

Any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity; or
Any indirect or consequential loss or damage.

Subject to the liabilities that are not excluded or limited above, itechnician.co.uk’s total aggregate liability in respect of claims arising out of or in connection with its provision of the Services under these Member Terms & Conditions (or any related contract), whether in contract, tort (including negligence) or otherwise, in any calendar year shall not exceed £200.

The Member shall indemnify itechnician.co.uk against all damages, losses and expenses arising as a result of:

Any action or claim that the Member’s activities infringe a third party’s Intellectual Property Rights (as defined below).
Any breach of the Member’s warranties or other obligations under these Member Terms & Conditions.
Any action or claim that the Member’s storage or processing of Customer data infringes a third party’s rights under applicable data protection laws.

As stated above and for the avoidance of doubt:

No contract for the provision of services exists between itechnician.co.uk and Customers of the Member’s services.
itechnician.co.uk does not hold, store, deliver or otherwise handle documents for such Customers.

itechnician.co.uk is therefore not liable in any way for the Member’s delivery of services or documents to Customers. The Member shall, however, notify itechnician.co.uk immediately if it receives any complaint or notice of potential legal action against it or itechnician.co.uk concerning services listed on the site or set out in any Quote sent through the site.

Intellectual property rights

The Member retains all Intellectual Property Rights (as defined below) in any photographs and text it provides to itechnician.co.uk. The Member grants itechnician.co.uk a licence to use such Intellectual Property Rights to the extent required for itechnician.co.uk to provide the Services and perform its obligations under these Member Terms & Conditions. If required, the parties shall sign any additional documents necessary to give effect to this clause.

All other Intellectual Property Rights in the site and related materials (including the itechnician.co.uk logo) are and shall remain the property of itechnician.co.uk. For the avoidance of doubt, the Member is not granted any licence in respect of such rights except that the Member may reproduce the itechnician.co.uk logo in its marketing materials, subject to:

Such use being in accordance with itechnician.co.uk’s logo usage guidelines (available on request); and
The Member’s compliance with all other applicable terms.

“Intellectual Property Rights” means: patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get‑up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use and protect the confidentiality of confidential information (including know‑how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered, including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights, and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future anywhere in the world.

Site content

As explained in the Website Terms of Use, the Member acknowledges that, where content is uploaded by other Members or by other users:

itechnician.co.uk does not monitor all content on the site or Quotes communicated through it; and
itechnician.co.uk has no control over such content.

itechnician.co.uk may remove content where it reasonably suspects that the content infringes applicable laws, regulations or third‑party rights (for example, content that is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous, in breach of any third‑party Intellectual Property Rights, or otherwise in breach of its acceptable use policies) (“Inappropriate Content”).

The Member shall notify itechnician.co.uk immediately if it suspects or becomes aware of any allegation that content on the site or in related Quotes may be Inappropriate Content.

For the avoidance of doubt, the parties also agree that itechnician.co.uk may suspend or deactivate the Member’s dedicated area of the site and/or Quote facilities if it reasonably suspects that they contain Inappropriate Content or are otherwise in breach of these Member Terms & Conditions.

Termination with cause

Without limiting any other rights or remedies, itechnician.co.uk may terminate these Member Terms & Conditions with immediate effect by giving written notice to the Member if:

The Member commits a material breach of any term of these Member Terms & Conditions which is irremediable, or (if remediable) fails to remedy the breach within 14 days of being notified in writing to do so.
The Member repeatedly breaches these Member Terms & Conditions in a way that reasonably indicates it does not intend or is unable to comply with them.
The Member suspends, or threatens to suspend, payment of its debts, is unable to pay its debts as they fall due, admits inability to pay its debts, or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986.
The Member starts negotiations with any class of its creditors with a view to rescheduling its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors.
A petition is filed, notice is given, resolution is passed or order is made in connection with the winding up of the Member.
The Member suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
Any warranty given by the Member under these Member Terms & Conditions is found to be untrue or misleading.
An Event Outside Our Control (as defined below) has continued for more than 90 days.

On termination (with or without cause) of these Member Terms & Conditions:

The licence granted to the Member to use the itechnician.co.uk logo shall terminate immediately and the Member must update or destroy materials containing the logo.
itechnician.co.uk shall promptly suspend public access to the Member’s area of the site and delete its content. The Member shall no longer receive quote requests and must stop sending or attempting to send Quotes.
Any provision of these Member Terms & Conditions that is intended to come into or continue in force on or after termination or expiry shall remain in full force and effect.

Termination or expiry of these Member Terms & Conditions shall not affect any rights, remedies, obligations or liabilities that have accrued up to the date of termination or expiry, including the right to claim damages for breaches existing at or before that date.

Confidentiality and data protection

Each party agrees to keep the other party’s Confidential Information (as defined below) confidential and, except as permitted in these Member Terms & Conditions and as necessary to provide the services described in them, not to disclose that Confidential Information to any person (other than its employees, professional advisers or suppliers who need to know it) without the other party’s written consent.

“Confidential Information” means information about a party’s business affairs, plans, operations, processes, customers, clients, suppliers, products, know‑how, designs, trade secrets, software or any other information that would reasonably be considered confidential.

It is not a breach of these confidentiality obligations if Confidential Information is disclosed by the receiving party where:

It was already in that party’s lawful possession without any obligation of confidentiality.
It is or becomes public other than through a breach of these Member Terms & Conditions.
Disclosure is required by law or by order of any regulatory authority or government agency.

These confidentiality obligations remain in effect for two years after termination or expiry of these Member Terms & Conditions.

In addition to its obligation to comply with applicable laws, the Member warrants that it stores and processes the personal data of its Customers only in accordance with applicable data protection laws, and that it will use its best endeavours to ensure such storage and processing is consistent with the Privacy Policy.

Publicity

The Member will use its best endeavours to ensure that media releases, public announcements and any promotional or marketing material relating to its activities as a Member do not jeopardise the reputation or commercial interests of itechnician.co.uk.

Events outside our control

Neither party will be liable or responsible for any failure to perform, or delay in performing, any of its obligations under these Member Terms & Conditions that is caused by an Event Outside Our Control affecting that party.

An “Event Outside Our Control” means any act or event beyond that party’s reasonable control, including (without limitation):

Acts of God.
Strikes, lock‑outs or other industrial action by third parties (whether or not relating to the Member’s workforce).
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war, national emergency.
Fire, explosion, storm, flood, earthquake, severe weather, subsidence, epidemic or other natural disaster.
Failure of public or private telecommunications networks.
Inability or delay in obtaining supplies of adequate or suitable materials.
Restraints or delays affecting carriers or any other impossibility of using railways, shipping, aircraft, motor transport or other means of public or private transport.

Assignment

The Member may not assign or transfer any of its rights or obligations under these Member Terms & Conditions without the prior written consent of itechnician.co.uk.

Entire agreement

These Member Terms & Conditions (including the additional documents referred to in them) constitute the entire agreement between the parties and replace all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to their subject matter.

Each party acknowledges that, in entering into these Member Terms & Conditions, it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Member Terms & Conditions, and agrees it shall have no claim for innocent or negligent misrepresentation based on any statement in them.

Third‑party rights

No one other than a party to these Member Terms & Conditions, its successors and permitted assignees shall have any right to enforce any of their terms.

Waiver

No failure or delay by a party in exercising any right or remedy under these Member Terms & Conditions or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy shall prevent or restrict further exercise of that or any other right or remedy.

Rights and remedies

Except as expressly provided in these Member Terms & Conditions, the rights and remedies provided are in addition to, and not exclusive of, any rights or remedies provided by law.

Severance

If any provision or part‑provision of these Member Terms & Conditions is or becomes invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part‑provision shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the rest of these Member Terms & Conditions.

If any provision or part‑provision is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend it so that, as amended, it is legal, valid and enforceable and, to the greatest extent possible, achieves the intended commercial result of the original provision.

Governing law

These Member Terms & Conditions, and any dispute or claim (including non‑contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, are governed by and construed in accordance with the law of England and Wales.

Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non‑contractual disputes or claims) arising out of or in connection with these Member Terms & Conditions or their subject matter or formation.