This User Agreement (this "Agreement") is a contract between you ("you" or "User") and Supply My Business Limited. You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use our website www.supplymybusiness.co.uk all services, applications and tools that are accessible through the Site and all Supply My Business mobile applications that link to or reference this Agreement ("Site Services"). Supply My Business may amend this Agreement without prior notice to you at any time by posting a revised version on the Site. Any revisions to this Agreement will take effect when posted on the Site unless otherwise stated. Your continued use of the Site or the Site Services after the effective date of a revised version of this Agreement constitutes your acceptance of its terms and agreement to be bound by its terms. This Agreement includes and hereby incorporates by reference the agreements and Site usage polices linked from www.supplymybusiness.co.uk , as such agreements and policies may be modified by Supply My Business from time to time at our sole discretion (collectively, the "Terms of Service").
YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT ENTITY.
By registering for a Supply My Business account on the Site (an "Account"), you are deemed to have executed this Agreement electronically, effective on the date you register your Account. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Site, you give us permission to provide these records to you electronically instead of in paper form.
By registering for an Account, you consent to electronically receive and access, via email or the Site, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via Royal Mail and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Site and the Site Services, and you will no longer be able to use the Site or the Site Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the Site or by contacting Customer Support.
To access and retain the records and notices we provide to you electronically, you will need: (1) a valid email address; (2) a computer system that operates on a platform like Windows or Mac; (3) a connection to the Internet; (4) Current Versions of the software, browsers, plug-ins, or other computer applications and programs identified on the Site (Users utilizing other browsers may experience compatibility difficulties); (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and retain records and notices in paper form or electronic storage to retain records and notices in an electronic form. By "Current Version," we mean a version of the software that is currently being supported by its publisher. We may change these requirements from time to time and will update this Agreement accordingly. You should retain a copy of all of the records and notices we send to you electronically.
By accepting and agreeing to this Agreement electronically, you represent that (1) you have read and understand the above consent to receive records and notices electronically; (2) you satisfy the minimum hardware and software requirements specified above; and (3) your consent will remain in effect until you withdraw your consent as specified above.
To use certain Site Services, you must register for an Account. Supply My Business offers the Site Services for your business purposes, and not for personal, household, or consumer use. Unless you use the Site solely as an employee of a registered limited company or sole trader business, you must have, and hereby represent that you have an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation or other entity). To register for an Account, you must be and hereby represent that you are a legal entity or an individual 18 years or older who can form legally binding contracts. When you register for an Account, you also must agree to the terms of this Agreement. By registering for an Account, you agree to: (1) abide by this Agreement and the processes, procedures, and guidelines described on the Site; (2) be financially responsible for your use of the Site and the subsequent purchase and/or delivery of Supplier Services; and (3) perform your obligations as specified by any Service Contract that you accept, unless such obligations are prohibited by law or this Agreement. Supply My Business reserves the right, at our sole discretion, to refuse, suspend, or revoke your access to the Site and Site Services upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or complete, or otherwise violates this Agreement, or for any other reason or no reason at the sole discretion of Supply My Business.
You agree to provide true, accurate, and complete information on all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You must not provide false or misleading information about your location. You must not provide false or misleading information about your business or the services your business provides. You must not register for more than one User Account without express written permission from us. Solely for purposes of the foregoing sentence, "you" means you, any member of your immediate family, and any entity directly or indirectly controlled by you or any member of your immediate family.
When you register for an Account, you will be asked to choose a username and password for the Account.
You are entirely responsible for safeguarding and maintaining the confidentiality of your Account username and password. You authorise Supply My Business to assume that any person using the Site with your username either is you or is authorised to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or any unauthorized access to your password or the password of any User of your Account.
For the benefit of other Users, Supply My Business asks you to leave objective balanced feedback about Users with whom you have transacted. You acknowledge and agree that feedback results for you will consist of comments and ratings left by other Users and that Supply My Business will make available to other Users a composite feedback rating based on these individual ratings. Supply My Business provides its feedback system as a means through which Users can share their opinions publicly and Supply My Business does not monitor or censor these opinions. Supply My Business does not investigate any remarks posted by Users for accuracy or reliability unless a User requests that Supply My Business do so. You may be held legally responsible for damages suffered by other Users or third parties as a result of your remarks if a court finds that your remarks are legally actionable or defamatory. Supply My Business is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, Supply My Business reserves the right (but is under no obligation) to remove posted feedback or information that in the sole judgement of Supply My Business violates the Terms of Service or negatively affects our user community or operations.
The Site is a marketplace where Businesses in Kent can come together and arrange to buy and sell Goods and Services online. You may also use the Website for lawful purposes when seeking employment or for help with your career, when purchasing training courses or when recruiting staff. Subject to the terms of this Agreement, Supply My Business provides the Site Services to the User Business to include hosting and maintaining the Site, enabling the posting of commercial tenders requests by the User Business, and the subsequent posting of responses to these tenders between interested User Businesses as well as staff recruitment advertising by Users. It is the responsibility of the User ‘Buyer’ and ‘Seller’ to agree on the terms on which the Goods and/or Services are to be provided and a Contract is formed directly between them in the normal way and in accordance with UK law.
You expressly acknowledge, agree, and understand that: (1) the Site is merely a venue where Users may act as Buyers and/or Suppliers; (2) Supply My Business is not a party to any Service Contracts between Users (3) Supply My Business will not have any liability or obligations under or related to Service Contracts or any acts or omissions by you or other Users; (4) Supply My Business has no control over Users or the User Services offered or rendered by Users; and (5) Supply My Business makes no representations as to the reliability, capability, or qualifications of any User or the quality, security, or legality of any User Services, and Supply My Business disclaims any and all liability relating thereto.
Users will subscribe to different levels of participation and privileges on the Site, by payment of a monthly/annual 12 month non-refundable subscription fee as described on Supply My Business at the time of registration and which may be revised from time to time upon such notice as may be appropriate.
If a User fails to pay any amounts due under this Agreement, whether by cancelling the credit or debit card, direct debit or any other means, Supply My Business may suspend or close the User Account and revoke the User access to the Site. Without limiting other available remedies, the Business must pay Supply My Business upon demand for amounts owed under this Agreement, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus legal fees and other costs of collection to the extent permitted by applicable UK law. To the extent permitted by applicable UK law, Supply My Business may make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with credit reporting agencies and law enforcement authorities in any resulting investigation or prosecution.
We are unable to refund any monies already paid as part of an annual subscription plan, whether by CC/DC or by single bank transfer or as part of a monthly subscription plan in the event that you decide to cancel your Supply My Business membership. In the event that you choose to downgrade your chosen membership package, the new membership payment due will change at your next billing cycle, whether that be monthly or annually.
In order to use certain Site Services, User’s must provide account information for at least one valid Payment Method. The Site makes the following methods of payment available: credit cards, debit cards, and direct bank transfer (annual subscriptions only).
The User hereby authorises Supply My Business to run credit card authorisations on all credit/debit cards provided by the User, to store credit/debit card and banking details as User’s method of payment for Services, and to charge User’s credit/debit card (or any other form of payment authorised by Supply My Business or mutually agreed to between User and Supply My Business).
By providing Payment Method information through the Site, User represents, warrants, and covenants that: (1) User is legally authorised to provide such information to us; (2) User is legally authorised to perform payments using the Payment Method(s); and (3) such action does not violate the terms and conditions applicable to User’s use of such Payment Method(s) or applicable UK law. When User authorises a payment using a Payment Method via the Site, User represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement cannot be collected from User's Payment Method(s), User is solely responsible for paying such amounts by other means.
We reserve the right to seek reimbursement from you, and you will reimburse us, if we suspect fraud or criminal activity associated with your payment, withdrawal, or Engagement, if we discover erroneous or duplicate transactions, or if we have supplied our services in accordance with this Agreement yet we receive any chargeback from the credit/debit card company, bank (delete PayPal) or other payment method as used by you. You agree that we have the right to obtain such reimbursement and any other amounts you owe charging your credit/debit card, or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements of charge backs is cause for termination of the Account.
This Agreement and any Account registration will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between Users and Supply My Business, except and solely to the extent expressly stated in this Agreement.
Subject to and conditioned on compliance with this Agreement, Supply My Business grants you a limited license to access and, if you have created an Account, to use the Site for the purpose using the Site Services. You must not access (or attempt to access) the Site or Site Services by any means other than the interface provided, and you will not use information from the Site or Site Services for any purposes other than the purposes for which it was made available. You agree not to use the Site or Site Services for offering any goods or services other than User Services as permitted by this Agreement. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any content of the Site or Site Services in any way for any public or commercial purpose without the prior written consent of Supply My Business. You must not use any content of the Site or Site Services on any other website or in a networked computer environment for any purpose except your own viewing. You must not frame or link to the Site or Site Services except as permitted in writing by Supply My Business.
You must not attempt to reverse engineer, modify, adapt, translate, prepare derivative works from, decompile, attempt to interfere with the operation of, or otherwise attempt to derive source code from any part of the Site or Site Services unless expressly permitted by UK law. You will not access Site Services in order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to the Site Services. Supply My Business retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Site and the Site Services. The Supply My Business logos and names are registered trademarks of Supply My Business and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site or Site Services may be the trademarks of their respective owners. Except as expressly stated in this Agreement, nothing in this Agreement confers any license under any of the Supply My Business or any third party's Intellectual Property Rights, whether by estoppels, implication, or otherwise.
When you post User Content on the Site or through the Site Services, you represent and warrant that you have the right, power, and authority to post that User Content and grant the licenses specified below. You further represent and warrant that by posting such User Content you will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights, rights of publicity, and privacy rights. To the extent your User Content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such User Content and that Supply My Business may exercise the rights to your User Content granted under this Agreement without any liability or obligation for any payment.
The licenses to User Content granted by you in this Agreement will terminate within a commercially reasonable time after you remove or delete your User Content from the Site, except that you grant Supply My Business and our successors and Affiliates the irrevocable and perpetual license to retain and use, but not publicly display or distribute, server or archival copies of all User Content that you have removed or deleted to the extent permitted by applicable law.
You may submit comments or ideas about the Site and Site Services, including without limitation about how to improve the Site or Site Services (collectively, "Ideas"). By submitting any Ideas, you agree that: (1) your disclosure is gratuitous, unsolicited, and without restriction and will not place Up work under any fiduciary or other obligation, (2) your Ideas do not contain the confidential or proprietary information of third parties, and (3) we are free to use the Ideas without any additional compensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by acceptance of your submission, Supply My Business does not waive any rights to use similar or related ideas known or developed by Supply My Business or obtained from sources other than you.
The Site contains robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. You will not access the audiovisual content available on the Site for any purpose or in any manner other than streaming. You agree that you will not: (1) take any action that imposes or we believe may impose (in our sole discretion) an unreasonable or disproportionately large load on the Site's infrastructure; (2) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of Up work and the appropriate third party, as applicable; (3) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; (4) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; (5) transmit spam, chain letters, or other unsolicited communications; (6) attempt to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (7) collect or harvest any personally identifiable information, including Account names, from the Site; (8) access any content on the Site through any technology or means other than those provided or authorized by the Site; or (9) directly or indirectly, advertise or promote another website, product, or service or solicit other Users for other websites, products, or services.
Additionally, you agree that you will not post or introduce any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site or the Site software that is designed to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any other software, firmware, hardware, computer system, or network of Supply My Business or any third party.
The Site makes available various services provided by third parties to verify a User's credentials and provide other information. Any information or content expressed or made available by these third parties or any other Users is that of the respective author(s) or distributor(s) and not of Supply My Business. Supply My Business neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than by Supply My Business authorised employees acting in their official capacities.
The Site may contain links to third-party websites. The Site may also contain applications that allow you to access third-party/User websites via the Site. Such third-party/User websites are owned and operated by the third parties/Users and/or their licensors. Your access and use of third-party/User websites, including online communication services, such as chat, email, and calls will be governed by the terms and policies of the applicable third-party/User websites. You acknowledge and agree that Supply My Business is not responsible or liable for: (1) the availability or accuracy of third-party/User websites; or (2) the content, advertising, or products on or available from third-party/User websites. You are responsible for deciding if you want to access third-party/User websites by clicking on a link or installing an application. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application. You use the links and third-party/User websites at your own risk and agree that your use of an application or third-party/User website via the Site is on an "as is" and "as available" basis without any warranty for any purpose.
When using our mobile applications, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. Our mobile applications may not contain the same functionality available on the Site.
We may from time to time in our sole discretion develop and provide Site Services updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we do not have any obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You will promptly download and install all Updates and acknowledge and agree that Site Services or portions thereof may not work properly should you fail to do so. You further agree that all Updates will be subject to the terms of this Agreement, unless otherwise provided in terms associated with such Update. Supply My Business reserves the right, at any time, to modify, suspend, or discontinue Site Services or any part thereof without notice. You agree Supply My Business will not be liable to you or any third party for any modification, suspension, or discontinuance of Site Services or any part thereof.
To the extent You provide Confidential Information to another User, the recipient will protect the secrecy of the discloser's Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care, and will: (1) not disclose or permit others to disclose another's Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information; (2) not use or permit the use of another's Confidential Information, except as necessary for the performance of the relevant Request For Tender or Service Contract (including, without limitation, the storage or transmission of Confidential Information on or through the Site for use by the User); and (3) limit access to another's Confidential Information to its personnel who need to know such information for the performance of User Services for the relevant Service Contract.
If and when Confidential Information is no longer needed for the performance of the Request For Tender or Services or at the Users written request (which may be made at any time at the Users discretion), the User that received Confidential Information, will, at its expense, promptly destroy or return the disclosing party's Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control. The User that received Confidential Information agrees to provide written certification to the party disclosing the Confidential Information of compliance with this subsection within ten days after the receipt of disclosing User’s written request for such certification.
Without limiting Section 7.1 (Confidentiality), User’s and Supply My Business will not publish, or cause to be published, any other party's Confidential Information or Work Product, except as may be necessary for performance of a Request For Tender or Services for a Services Contract.
Supply My Business makes no express representations or warranties with regard to the site, the site services, work product, or any activities or items related to this agreement. To the maximum extent permitted by applicable law, Supply My Business disclaims all express and implied conditions, representations, and warranties including but not limited to, the warranties of merchantability, accuracy, fitness for purpose, title, and non-infringement.
Supply My Business is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with this Agreement, including, but not limited to:
ADDITIONALLY, IN NO EVENT WILL SUPPLY MY BUSINESS, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES.
In addition to the recognition that Supply My Business is not a party to any contract between Users, you hereby release Supply My Business, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the User Goods/Services provided and requests for refunds based upon disputes
You will indemnify, defend, and hold harmless Supply My Business, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an "Indemnified Party") from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party against an Indemnified Party relating to: (1) use of the Site and the Site Services by you or your agents, including any payment obligations incurred through use of the Site Services; (2) any Service Contract entered into by you or your agents, including, but not limited to, any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits; (3) failure to comply with this Agreement by you or your agents; (4) failure to comply with applicable law by you or your agents; (5) negligence, wilful misconduct, or fraud by you or your agents; and (6) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents.
This Agreement will become effective upon your first visit to the Site and will remain in effect for the duration of your use of the Site. Either party – the User or Supply My Business - may terminate this Agreement at our sole discretion, at any time, without explanation, upon written notice to the other.
In the event you properly terminate this Agreement, your right to use the Site is automatically revoked, and your Account will be closed; however, you will continue to be obligated to pay any amounts due to Supply My Business within the terms of this agreement. Without limiting any other provisions of this Agreement, the termination of this Agreement for any reason will not release you or Supply My Business from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those portions of the User Agreement necessary to implement the foregoing survive termination of this Agreement for any reason.
Without limiting other remedies of Supply My Business, we may temporarily suspend, indefinitely suspend, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (a) you breach the letter or spirit of any terms and conditions of this Agreement or other parts of the Terms of Service; (b) we suspect or become aware that you have provided false or misleading information to us; or (c) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or Supply My Business or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit activity. Once your Account is suspended or closed, you must not continue to use the Site under the same Account or a different Account or reregister under a new Account without the prior written consent of Supply My Business.
When your Account is closed for any reason, you will no longer have access to data, messages, files, and other material you keep on the Site. If practicable, Supply My Business will retain this information along with all your previous posts and proposals for a period of one year from the date of termination to give you ample time to institute an appeal of our decision through the process described in the subsection titled "Disputes with Supply My Business." If you appeal our decision through that process within one year, Supply My Business will retain your information until such dispute is resolved. If you fail to appeal our decision within one year, Supply My Business may delete your information including data, messages, files, and other material you keep on the Site.
Except as otherwise required by applicable law, we will notify you if we close your Account, unless we believe, in our sole judgment, that giving notice may cause damage. You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of User's Account status to all Users, including both yourself and other Users who have entered into Service Contracts with you. You therefore agree as follows: IF SUPPLY MY BUSINESS DECIDES TO SUSPEND OR CLOSE YOUR ACCOUNT, SUPPLY MY BUSINESS HAS THE RIGHT BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR CLOSED ACCOUNT STATUS, AND (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT SUSPENSION OR CLOSURE.
After this Agreement terminates, the terms of this Agreement that expressly or by their nature contemplate performance after the Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions protecting Confidential Information, requiring arbitration, permitting audits, protecting intellectual property, requiring non-circumvention, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates.
This Agreement, together with the other Terms of Service and any other legal notices and agreements published by Supply My Business on the Site, sets forth the entire agreement and understanding between you and Supply My Business relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in this Agreement are included for ease of reference only and have no binding effect. Even though Supply My Business drafted this Agreement, you represent that you had ample time to review and decide whether to agree to the terms of this Agreement. If an ambiguity or question of intent or interpretation of this Agreement arises, no presumption or burden of proof will arise favouring or disfavouring you or Supply My Business because of the authorship of any provision of this Agreement.
User will not violate any applicable UK laws or third-party rights on or related to the Site. Without limiting the generality of the foregoing, User agrees to comply with all applicable laws and regulations.
No modification or amendment to this Agreement will be binding upon Supply My Business unless in a written instrument signed by a duly authorised representative of Supply My Business. For the purposes of this subsection, a written instrument will expressly exclude electronic communications, such as email and electronic notices.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect that party's right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorised representative of such party.
User may not assign this Agreement, or any of its rights or obligations hereunder, without the prior written consent of Supply My Business in the form of a written instrument signed by a duly authorised representative of Supply My Business (and, for the purposes of this subsection, a written instrument will expressly exclude electronic communications such as email and electronic notices). Supply My Business may freely assign this Agreement without User's consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, this Agreement will inure to the benefit of the successors and permitted assigns of the parties.
If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labour disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party will be extended by the period of such delay. Irrespective of any extension of time, if an event of Force Majeure occurs and its effect continues for a period of 60 days, either the party may give to the other a 30-day notice of termination. If, at the end of the 30 day period, the effect of the Force Majeure continues, the Agreement will terminate.
All notices to Supply My Business or our Affiliates intended to have a legal effect must be in writing and delivered either (1) in person; (2) by a means evidenced by a delivery receipt, to the following address: Attn: Legal, Supply My Business, 133 Woodnesborough Road, Sandwich, Kent CT13 0BA. All such notices are deemed effective upon documented receipt by Supply My Business. Supply My business does not accept service of any legal process by email or mail; all such service should occur by hand delivery on Supply My Business or its registered agent for service of process.
The Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales. Supply My Business Limited: Registered in England No: 9281095. Registered Office: 133 Woodnesborough Road, Sandwich, Kent CT13 0BA.
"Affiliate" means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with Supply My Business.
"Client" means any authorised User using the Site to seek and/or obtain Goods/Services from another User, including but not limited to businesses, recruiters and recruitment agencies and job searchers. From time to time, Supply My Business may act as a Client, and the terms and conditions of this Agreement applicable to Clients will apply to Supply My Business when we act in this way.
"Confidential Information" means Client Information, Work Product, and any other information provided to, or created by, a User for a Service Contract, regardless of whether in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that: (1) is generally known by third parties as a result of no act or omission of Freelancer or Client; (2) subsequent to disclosure hereunder, was lawfully received without restriction on disclosure from a third party having the right to disseminate the information; (3) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party's obligations of confidentiality; or (4) was independently developed by User without use of another person's Confidential Information.
"Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
"Payment Method" means a valid credit card issued by a bank acceptable to Supply My Business, a bank account linked to your Account, a PayPal account, or such other method of payment as Supply My Business may accept from time to time in our sole discretion.
"Service Contract" means the contractual provisions between one User and another.
"Site Services" means all services that are accessible through the Site.
"User Content" means any data, feedback, content, text, video, music, or other information that you post to any part of the Site.
"Commencement Date" means the date for the commencement of the Services as set out in the Order Confirmation.
"Order Confirmation" means, in the case of online orders, the confirmation of purchase on the Website of one or more of the Services
"Services" means the online recruitment services as set out in clause 16.
"Terms" means these terms and conditions.
"Website" means www.supplymybusiness.co.uk and includes without limitation its content, databases, software, code and graphics.
The following Services are available from Supply My Business via the Website:
Is a service whereby the Client may post a job vacancy listing. Any Job Postings that are live on the site will remain live until their date of expiry.
Supply My Business shall provide the Services in accordance with these Terms. Clients must set up an account with Supply My Business in order to gain access to the Services. The Services do not constitute an offer by Supply My Business, and Supply My Business reserves the right in its sole and absolute discretion to refuse to offer the Services to any Client, User or organisation.
A legally binding contract between Supply My Business and the Client comprising these Terms and the Order Confirmation will come into effect when the screen confirming successful purchase of Services appears on the Website. The Client acknowledges that such contract is conditional upon the Client passing the supply My Business credit checking process.
Supply My Business shall perform the Services using information and criteria supplied by the Client. It is the Client's responsibility to provide accurate and up to date information.
The Client undertakes not to submit for inclusion in any job posting, it’s Recruiter Profile, or anything to appear on the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect Supply My business or it’s reputation.
Once a contract has been formed, Supply My Business cannot accept any cancellation of the agreed Services: no refunds will be given and outstanding invoices shall remain payable. In the event of early termination, no refunds will be given, outstanding invoices shall remain payable, and the fees in respect of any outstanding minimum term shall become payable. Supply My Business may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. However, this will not affect any Order Confirmation agreed prior to any change or withdrawal of the relevant Service.
Supply My Business reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.
Without prejudice to any other remedy, Supply My Business may terminate the Client's account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these Terms by the Client or if Supply My Business has reasonable grounds to believe that the Client cannot or will not pay its debts.
Supply My Business reserves the right in its sole and absolute discretion to close any account at any time without reason. Examples of accounts that may be closed include, but are not limited to:
those of Clients who have not provided full or accurate contact or company information
those of Clients that Supply My Business considers to be acting inappropriately or illegally
those of Clients that use the Website to advertise websites, services, businesses and/or business opportunities in any part of the job vacancy or on any part of the site
those of Clients who fail the credit checking process of Supply My Business, or who default on payment.
The Client agrees to use the Website and the Services in 'good faith' i.e. to post authentic, impartial and unique jobs of reasonable quality, which provide both adequate and accurate job details. The Client also agrees that any abuse of the Services, Website or these Terms can result in the Client's access to the Services being removed, and its account terminated.
By submitting a vacancy to the Website, the Client is authorising Supply My Business to post such vacancy and submit candidates ranked by Supply My Business in accordance with the Client's criteria (if any).
The Client is responsible for the content of the vacancy and will indemnify Supply My Business against any claim, loss, liability, expense and/or damage ("Losses") in connection therewith.
The Client shall include in the job description the following information:
Any qualifications and/or authorisations required by law or any or by any relevant professional body;
If the rate of pay is included, the job description must also include the nature of the work, the location, minimum experience, training and/or qualifications required in order for an applicant to receive such rate of pay; and/or
Where the Client is an employment agency or employment business (as defined in the Employment Agencies Act 1973), it must state in which capacity it is acting in relation to the vacancy.
The Client shall provide sufficient details about itself and the vacancy to applicants including without limitation the Client's identity, the nature of its business, the nature of the role, the type of work to be performed, the commencement date, the likely duration, the hours of work, the location, the remuneration, the intervals of payment and benefits, and the notice periods required to be given and received.
Applicants' responses will be forwarded by Supply My Business by e-mail subject to any filtering and ranking. The Client is responsible for verifying the information contained in applicants' responses and Supply My Business accepts no responsibility for the content of any such application. In particular, but without limitation, the Client is responsible for verifying the applicant's identity, eligibility to work, experience, training, qualifications and authorisations required by the Client, by law or by any relevant professional body for the vacancy.
All and any subsequent dealings between the Client and any applicant in connection with the applicant's response to the job posting are the responsibility of the Client, and Supply My Business accepts no liability whatsoever therewith. The Client will indemnify Supply My Business against any Losses in connection therewith.
The Client will comply with all applicable laws, including without limitation: the Data Protection Act 1998 and the Equality Act 2010. By submitting a vacancy to the Website, the Client thereby confirms that the content of the vacancy complies with the Code of Practice on Employment provided by the Equality and Human Rights Commission, which is currently available at:
The Client will comply with all applicable laws, including without limitation: the Data Protection Act 1998 and the Equality Act 2010. By submitting a vacancy to the Website, the Client thereby confirms that the content of the vacancy complies with the Code of Practice on Employment provided by the Equality and Human Rights Commission, which is currently available at:
The Client shall indemnify Supply My Business against any Losses in connection therewith.
The Client, if an employment agency or an employment business, will comply with the provisions of the Conduct of Employment Agencies and Businesses Regulations 2003 ("the Regulations") and the Employment Agencies Act 1973 in relation to all vacancies posted on the Supply My Business site, communications with applicants and management of applicants' details.
The Client shall indemnify Supply My Business against any Losses in connection therewith.
The Client shall not post any vacancy where:
there is a risk to the health and safety of any applicant at the location where the work is to be performed, unless the Client undertakes to inform the candidates of such risks and the steps taken to prevent or control such risks; or
the role involves working with vulnerable persons, including without limitation persons under the age of 18 or persons in need of care and attention by reason of old age, infirmity or any other circumstances, unless the Client undertakes, in respect of the candidate to be placed, (1) to obtain copies of any relevant qualifications or authorisations of the candidate; (2) to obtain two references from persons who are not relatives of the candidate; and (3) to take all other reasonably practicable steps, including without limitation complying with all relevant laws, codes of practices and guidelines issued by relevant authorities, to confirm that the candidate is not unsuitable for the position concerned.
By posting any vacancy set out above, the Client is deemed to give the relevant undertakings. Where the Client is an employment business or agency, the Client shall offer copies of the documents obtained to the hirer.
The Client accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an applicant and shall hold Supply My Business harmless against any Losses in connection therewith. The Client shall use all reasonable endeavours to ascertain that it will not be detrimental to the interests of the applicant it intends to engage (if any) to work for the Client in the vacancy posted.
Supply My Business reserves the right in its sole and absolute discretion to remove any vacancy at any time without reason. Examples of vacancies that may be removed include, but are not limited to:
those that Supply My Business considers illegal, inappropriate or fraudulent
those that directly or indirectly require or ask for application or registration fees
those that advertise franchise, pyramid, network marketing or get-rich-quick schemes
those that have been indiscriminately posted or duplicated across multiple sectors
those that advertise websites, services, businesses, business opportunities and/or contact details.
The Client shall not resell job postings without the express permission of Supply My Business.
Each time you access or use our Website (www.supplymybusiness.co.uk), you are deemed to accept these terms and conditions.
"we" means Supply My Business Ltd, and "our" shall be construed accordingly. "you" means the person, firm, company or organisation browsing and/or using the Website, and "your" shall be construed accordingly.
Interruptions and Omissions in Service
Whilst we try to ensure that the standard of the Website remains high and to maintain the continuity of it, the internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not accept any liability arising from any such errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate the Website (or any particular part of it) or to provide the service offered on the Website. We may vary the specification of this site from time to time without notice.
On this site you will be offered automatic links to other sites which we hope will be of interest to you. We do not accept any responsibility for or liability in respect of the content of those sites, the owners of which do not necessarily have any connection, commercial or otherwise, with us. Using automatic links to gain access to such sites is entirely at your own risk.
Whilst we make every effort to ensure that the information on our Website is accurate and complete, some of the information is supplied to us by third parties and we are not able to check the accuracy or completeness of that information. We do not accept any liability arising from any inaccuracy or omission in any of the information on our Website or any liability in respect of information on the Website supplied by you, any other website user or any other person.
You may only use the Website for lawful purposes when seeking employment or help with your career, when purchasing training courses or when recruiting staff. You must not under any circumstances seek to undermine the security of the Website or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorised access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of the Website or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Website.
You are solely responsible for any information submitted by you to the Website. You are responsible for ensuring that all information supplied by you is true, accurate, up-to-date and not misleading or likely to mislead or deceive and that it is not discriminatory, obscene, offensive, defamatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or the copyright, trade mark or other intellectual property rights of any person in any jurisdiction. You are also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to the Website. We reserve the right to remove any information supplied by you from the Website at our sole discretion, at any time and for any reason without being required to give any explanation.
We will use information supplied by you (including, without limitation, sensitive personal data) to aid the recruitment process and associated administrative functions as well as to facilitate the purchase of training courses made through this website. This involves us amongst other things, processing and storing information (including, without limitation, sensitive personal data) and passing or making available online such information to prospective employers, course providers and clients; information about courses, vacancies and placements will be passed to candidates and potential purchasers of courses and may be posted directly onto the Website. We use third parties to help us process your information as part of the recruitment and sales process. We may collect and aggregate data from the information supplied by you to help us to understand our users as a group so that we can provide you with a better service. We may also share aggregate information with selected third parties, without disclosing individual names or identifying information.
You consent to us using information provided by you (including, without limitation, sensitive personal data) in each of these ways.
Please note that all Third Party recruitment agencies have agreed to our Terms and Conditions and should they be found to be in breach of the Terms and Conditions, they will be prevented from using our services. Further details of our client terms and conditions can be found in section 16.
Recruitment: Each employment assignment or placement arising as a result of an introduction made by Supply My Business will be subject to our standard Terms of Business as they are applicable in the circumstances. All prospective employers and clients for whom we arrange assignments or placements will be provided with a copy of the Terms of Business applicable to them at or following registration. Separate terms and conditions also apply to the use of our Recruiter site.
Training Courses: Any training course purchased through this website will be subject to either the terms issued by the course providers or the terms issued by Supply My Business in its capacity as reseller of the training courses. The appropriate terms will be issued at time of purchase.
The rights in material on the Website are protected by international copyright, software and trademark laws and you agree to use the Website in a way which does not infringe these rights. You may copy material on the Website for your own private or domestic purposes, but no copying for any commercial or business use is permitted.
In order to register with the Website and to sign in when you visit the Website, you will need to use a user name and password. You are solely responsible for the security and proper use of your password, which should be kept confidential at all times and not disclosed to any other person. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use or disclosure of any password.
We may terminate your registration and/or deny you access to the Website or any part of it (including any services, goods or information available on or through the Website) at any time in our absolute discretion and without any explanation or notification.
We accept no liability for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever) arising from your use of the Website and we hereby exclude any such liability, whether in contract, tort (including for negligence) or otherwise. We hereby exclude all representations, warranties and conditions relating to the Website and your use of it to the maximum extent permitted by law.
You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of the Website.
You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of the Website.
The use of the Website and any agreements entered into through the Website are to be governed by and construed in accordance with English law. The courts of England are to have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of the Website or any agreement made through the Website.
Some of the goods or services offered through the Website may not be lawful or may otherwise not be permitted in certain countries outside the United Kingdom. If you attempt to order, receive, purchase or otherwise benefit from any such goods or services, we do not accept any liability for any losses suffered by you in using the Website which you would not have suffered had you been accessing the Website as a United Kingdom resident (including as a result of us being prevented from dealing with any application or enquiry by any law, regulation or other ruling applicable in any country).
These terms and conditions may be changed by us at any time. You will be deemed to accept the terms and conditions (as amended) when you next use the Website following any amendment.
If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Registered Office; Supply My Business Limited, 133 Woodnesborough Road, Sandwich, Kent, CT13 0BA. Company Registration Number 9281095. Registered in the UK.