HireHand terms of business
1 About these terms
1.1 These are our terms of business. They set out the terms of the contract between you and us, whether you use our Service as a Hired Hand, as a Client, or both.
1.2 Certain words and phrases used in these terms have defined meanings. Those definitions are set out in clause 13.
2 Who we are
We are Hire Hand Limited, a company registered in England and Wales with company number 9346046. Our registered office is at Central Working, Whitechapel, 69 Mile End Road, London E1 4TT. You can contact us by email at firstname.lastname@example.org or by telephone at +44 (0) 7469 246815.
3 About our Service and our role
3.1 Our Service is a marketplace, bringing Hired Hands and Clients together. Clients can submit jobs to the Service setting out what they need and when they need it and, if we accept it, we will allocate the Client a Hired Hand to perform the Job.
3.2 Our role is to provide the platform facilitating those transactions, not to broker them and we are not party to the contracts between Hired Hands and Clients for the performance of Jobs. Subject to a few requirements inherent to contracting through our Service, which we set out in clause 7, Hired Hands and Clients are free to contract with each other on any terms they wish via the Service.
3.3 Our Service is only for those acting in the course of a business or profession and who are based in the mainland United Kingdom. It is not suitable for consumers. So, each time you use our Service, you represent to us that you are using our Service in the course of your business or profession, and that you are based in the mainland United Kingdom. If that representation is, or becomes, untrue, we will be entitled to terminate your account immediately.
3.4 While we do have a vetting procedure and we do run certain background checks, they are not fool-proof and so, as a marketplace, we cannot take responsibility for the accuracy or completeness of information that our Users provide about themselves. When dealing with another User of our Service, whether as a Client or as a Hired Hand, you must exercise at least the level of caution and care that a reasonable person in your position would exercise when dealing with strangers, especially if you are arranging to meet face to face.
3.5 Nothing about these terms or our Service is intended to create any obligation of exclusivity or any minimum performance requirement. You are free to offer and obtain work anywhere else as you see fit, and nothing obliges you to submit or agree to Jobs through our Service.
4 Your responsibilities generally
4.1 When you create an account with us, we ask you to choose a password to protect your account. You must keep that password safe, and you must not share it with anyone else. If you think someone else might know your password, you must change it straight away. You are solely responsible for all actions taken on our Service using your account.
4.2 Whether you use our Service as a Hired Hand or as a Client, we also ask you to provide us with certain information about you, such as your phone number and your email and postal addresses. That information must be true, complete and current, and you must ensure that you keep it up to date. You may not create an account with us using an assumed name or someone else’s identity.
4.3 We may ask you for text and photos about you or your business to upload onto the Service which other Users will see. You must ensure that you have all the necessary rights to use that material and to share it with us and with other Users of our Service, and you must ensure that material does not contain anything:
4.3.1 which is a trade secret or otherwise confidential; or
4.3.2 which is unlawful, offensive, obscene or defamatory.
4.4 If you leave feedback about other Users, that feedback must, where it contains opinions, be a fair assessment based on your own experience of dealing with that User. Where it contains statements of fact, those facts must be true. We reserve the right to remove feedback at our sole discretion.
4.5 Our Service provides access to a messaging system that allows you to communicate with other Users. You may also communicate outside of our Service with Users you contract with to perform Jobs. Whenever you communicate with other Users in the context of the Service, you must not abuse or threaten them, use discriminatory language (such as racial slurs) to them, mislead them or make them promises you do not intend to keep. We reserve the right to terminate or suspend your account immediately in response to complaints about your conduct towards other Users.
4.6 We own or are licensed to use the intellectual property rights in our Service, including our branding and the underlying technologies. We grant to you a non-exclusive, revocable, royalty-free, non-sublicensable licence to use our Service in accordance with these terms for as long as your account remains active. If you are a Hired Hand, you may also, if you wish, include in your own promotional material approved versions of our logo which we may make available to you from time to time for that purpose, so long as you do not alter it or use it in a way which damages our brand or reputation. You may not make any use of or exploit in any way any of our intellectual property rights except to the extent permitted by this clause 4.6.
4.7 You must not use our Service for any unlawful purpose. In particular, you must not use our Service to launder money, avoid sanctions or capital controls, pay or receive bribes, or to do anything in connection with the proceeds of crime. We reserve the right to monitor your use of the Service to ensure it is used lawfully.
4.8 Where another User shares with you in the context of the Service information which they describe as confidential, or which is obviously confidential, you must not share that information with anyone else without their permission, unless you are required to do so by law. You must not post any confidential information (whether yours or another User’s) in any area of the Service which is visible to Users generally, and we will not have any liability if you do.
5 Your particular responsibilities as a Hired Hand
5.1 When you create your account with us and indicate that you want to be a Hired Hand, we will ask you to provide us with a short description of yourself and to provide us with relevant information about your skills, your availability and your location. That information can be used to match you with potential Jobs and to give you the opportunity to be considered for the performance of such Jobs, so you must ensure that the information you give to us is accurate and current, and you must keep it up to date.
5.2 We will inform you once you have been matched to a Job and the Client has made a binding offer to enter into a contract with you to pay you a fee in return for you performing the Job. If you accept their offer, a contract is created between you and the Client on:
5.2.1 the terms that you agree with the Client; and
5.2.2 the terms which we require to be included in contracts between Hired Hands and Clients, as set out below in clause 7.
5.3 If you agree with a Client that you will perform a Job for them, you must perform that Job in accordance with (and otherwise comply with) your contract with that Client. You are responsible for ensuring that you perform that contract in accordance with applicable laws.
5.4 You must not accept to perform a Job for a Client unless, based on the information which the Client has provided, you are reasonably satisfied that you have the skills, knowledge, resources and experience to perform that Job to the required specifications, standard and timeframe.
5.5 You must not offer to perform, or describe yourself as able to perform, any service or Job which is unlawful.
5.6 You are an independent contractor, not our employee or an employee of any Client, and you must not mislead anyone about your status.
5.7 The Client will pay for you via the Service and the Service will endeavour to pay you your share on a weekly basis for Jobs worked during the previous week.
5.8 The Service will invoice the Client for your work using an invoice generated either by you or us and therefore you must inform us if VAT is chargeable in respect of Jobs you perform.
5.9 The Client will be invoiced weekly.
5.10 You are responsible for your own costs and expenses in performing Jobs, unless it is agreed with the Client otherwise.
5.11 You are responsible for and will indemnify us in respect of any income tax, any National Insurance and social security contributions, and any other similar liability which arises as a result of your performance of Jobs and use of the Service (and any penalty, fine or interest arising out of any of them), to the fullest extent permitted by applicable laws.
5.12 As an independent contractor, you are responsible for your legal liabilities to the Client. You should consider taking out appropriate insurance against those liabilities.
6 Your particular responsibilities as a Client
6.1 When you submit a Job to our Service, you must include in the description of that Job enough information for us and Hired Hands to be able to understand what you want a Hired Hand to do and your timing requirements. We will agree with you the hourly rate payable for the Hired Hand that will include our fee and which we feel is a fair market rate taking into account that Hired Hands pay their own tax and NI liabilities arising out of Jobs they perform.
6.2 You must not submit a Job which it would (in whole or in part) be unlawful to perform.
6.3 If you submit a Job which will be on-going, you must specify a maximum amount of time which a Hired Hand will be required to spend on the Job.
6.4 You must not submit a Job which is, or which could be interpreted as, an offer of employment. Hired Hands are independent contractors, not your employees, and you must not treat them as such. We are not responsible for any tax, National Insurance or similar liability, or any resulting cost, which you may incur as a result of HMRC finding that a Hired Hand is your employee.
6.5 You may not withhold payment for a Job unless, in your reasonable opinion, the Hired Hand has not performed it fully and to a reasonable standard. You must inform us as soon as possible if you intend to withhold payment and provide the reasons for it. Otherwise, you must pay a Hired Hand for a Job in the amount and at the time you agree with them.
6.6 Payment of an invoice is required within 14 days of receipt.
6.7 You must pay any VAT chargeable in respect of a Job, subject to receipt of a valid VAT invoice.
6.8 We reserve the right to remove from our Service any Jobs which you submit in breach of these terms.
7 Terms included in contracts between Clients and Hired Hands
7.1 You agree that the following mandatory terms will always be implied into all contracts between you and a Client or Hired Hand (as the case may be) made through our Service:
7.1.1 the scope of the Job to be performed will be as described and agreed through the Service and can only be changed through the Service;
7.1.2 the Client will pay the Hired Hand the agreed amount only via the Service;
7.1.3 no other person will have any rights or liabilities under the contract;
7.1.4 the Client and the Hired Hand are independent contractors and nothing in the contract will create any relationship of partnership, agency or employment between them;
7.1.5 the contract will terminate automatically if we exercise our right under clause 6.8 to remove the Job from our Service because it breaches these terms; and
7.1.6 the contract will be governed by English law.
7.2 You also agree that the following optional terms will be implied into all such contracts by default, unless you and the relevant Client or Hired Hand (as the case may be) agree otherwise:
7.2.1 the Hired Hand will perform the Job for the Client using reasonable care and skill;
7.2.2 in performing the Job, the Hired Hand will comply with the Client’s reasonable instructions;
7.2.3 the Client will provide the Hired Hand with all information which the Hired Hand reasonably requires to complete the Job;
7.2.4 the Client will pay for all hours worked by the Hired Hand in full promptly on a weekly basis; and
7.2.5 all disputes arising out of or in connection with the contract will be subject to the exclusive jurisdiction of the English courts.
8 Hired Hand hourly rates and our fees
8.1 Hired Hand hourly rates and our fees are advertised in our fee policy here [insert link]. We will deduct our fees from the amounts paid for the performance of Jobs in accordance with that policy (and set out our fees in the relevant invoice issued through the Service).
8.2 A travel fee will also apply the Hired Hand has to travel outside the M25. This will be added to an invoice if applicable. Any other agreed expenses will also be included.
8.3 The Hired Hand hourly rates and our fees are exclusive of VAT, which may also be added at the prevailing rate to the invoice if applicable.
8.4 We also charge a card processing fee of 1.4% plus 20 pence on payments made by European debit or credit cards or 2.9% plus 20 pence on payments made by non-European debit or credit cards. We reserve the right to change that fee from time to time.
9 Amending or cancelling a Job
9.1 Should a Client need to make changes to a Job (e.g. shift hours), the Client must contact us as soon as possible and not less than two hours in advance to the start of the Job. This will enable us to find alternative Hired Hands if necessary.
9.2 If a Client wishes to cancel a Job, a Client must contact us at least 2 hours prior to the beginning of the Job so that we can notify the Hired Hand about the cancellation. This will hopefully prevent any unnecessary travel and other expenses being incurred.
9.3 If a Job is cancelled less than 2 hours prior to the start of the Job, a charge of 2 hours will be applied to the next invoice issued.
9.4 If you have paid for a Job in advance and you cancel that Job more than 2 hours in advance, a full refund or credit note will be given.
9.5 If you have paid for a Job, please note that no refund or credit note will be given where cancellation is made less than 2 hours prior to the start of the Job.
10 Your privacy
When we process your personal data, we do so in accordance with the data protection laws which apply to us.
11 Our rights and responsibilities generally, and our liability to you
11.1 We operate the Service. We will use reasonable endeavours to keep the technology powering the Service operational, allowing for appropriate maintenance windows and acknowledging that a certain amount of unscheduled downtime is inherent in web-based services such as the Service, and we will perform the Service using reasonable skill and care. We offer no other warranty in respect of the Service, and all warranties which would otherwise be implied into these terms by operation of law are excluded to the fullest extent permitted.
11.2 We may add or remove features from the Service from time to time. We will use reasonable endeavours to inform you of changes to features of the Service likely to have a significant impact on how you use it.
11.3 We do not perform Jobs. We are not responsible for Hired Hands’ performance of Jobs, nor for Clients’ payment of Hired Hands’ fees.
11.4 In order to ensure that our risk is maintained at a level that is commercially viable, and in line with the limited fees which we charge for the Service, our liability to you is limited or excluded as follows:
11.4.1 nothing in these terms will limit or exclude our liability for fraud, fraudulent misrepresentation or any other matter which it is unlawful to limit or exclude;
11.4.2 we will have no liability to you for any loss of revenue, loss of opportunity, loss of profit, increased cost, replacement cost, account of our profit, loss of or damage to reputation or loss of or damage to data, nor for any indirect or consequential loss; and
11.4.3 otherwise, our total liability to you arising under or in connection with these terms or the Service, regardless of the legal theory of liability, is limited to an amount equal to the fees associated with our service as a result of Jobs posted or performed by you (as the case may be) in the 12 months preceding the event (or last in the series of events) giving rise to such liability.
11.5 We may suspend or terminate your account with us immediately:
11.5.1 if you breach these terms;
11.5.2 if we reasonably believe it is necessary to protect our interests or those of other Users;
11.5.3 if you become bankrupt or insolvent; or
11.5.4 if you die or otherwise become incapable of performing your obligations under these terms.
12 Other important terms
12.1 These terms contain the whole of the agreement between you and us relating to the Service.
12.2 No representation or other pre-contractual statement will have any legal effect unless (and solely to the extent that) it is repeated in these terms.
12.3 These terms are the terms of a contract whereby we provide you with access to our Service in return for a fee. Nothing in these terms will create any relationship of partnership, agency or employment between us.
12.4 No waiver of any of these terms will be valid unless we agree it in writing.
12.5 Neither party will have any liability for its failure to perform its obligations under these terms if and to the extent that failure is caused by a reason beyond its reasonable control.
12.6 Article 10 of Directive 2000/31/EC will not apply to these terms.
12.7 These terms and all non-contractual obligations arising out of or in connection with them are governed by English law and subject to the exclusive jurisdiction of the English courts.
13.1 In these terms:
Client means any person who uses our Service as a client, posting Jobs to be performed by Hired Hands as they may from time to time agree;
Hired Hand means any person who uses our Service as a Hired Hand, applying to perform and performing Jobs for Clients as they may from time to time agree;
Job means a job, in whole or in part, submitted to our Service by a Client, with a view to its being performed by a Hired Hand in return for payment;
Service means our platform and site providing an online marketplace for services and skills; and
User means any user of our Service, whether a Client or a Hired Hand.
Last updated: 10th February 2017