We are Ashford Technologies Limited trading as WorkLocally ("
we", "
us", "
our", "
Ashford") a company registered in England and Wales. Our company registration number is 06437199 and our registered office is at Poplar House, The Poplars, Colchester, Essex, CO3 9DS, United Kingdom.
These terms of service govern the basis on which we provide services to job seekers ("
Job Seeker", "
you", "
your").
WorkLocally provides services through its website
www.worklocally.com (the "
Site") where persons, firms and companies can access our Site and post jobs ("
Job Posters") that include but are not limited to animal care, building work, electrical and plumbing work, decorating, car repair, health and beauty services, education, gardening, social care and other similar tasks ("
Jobs"), and Job Seekers can then offer to carry out such Jobs.
By completing and submitting the online Job Seekers registration form (the "
Job Seeker Form") you make an offer to us to become a Job Seeker, and gain access to our Site and our Services, which, if accepted by us, will constitute a binding contract (this "
Agreement").
For the avoidance of doubt, we do not act as an employment business or employment agency (as defined by the Conduct of Employment Agencies and Employment Businesses Regulations 2003) in relation to the introduction and supply of Jobs and Job Seekers pursuant to this Agreement.
These terms and conditions (the "
Terms") (together with our, Privacy Policy and Terms of Website Use) tell you information about us and the legal terms and conditions on which we provide the Site to you.
1.1
What these terms cover: These are the Terms that govern your Job Seeker status with us and the basis on which we provide the Site to you.
1.2
Why you should read them: Please read these Terms carefully before you submit your Job Seeker Form to us. These Terms tell you who we are, how we will provide the Site to you, how you and we may change or end your Job Seeker status, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us prior to submitting a Job Seeker Form.
1.3
How to contact us: You can contact us by telephoning our customer service team at 01245 934747 or by writing to us at admin@worklocally.com.
1.4
How we may contact you: : If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in the Job Seeker Form.
1.5
"Writing" includes emails and messages sent to you through our Site: When we use the words "writing" or "written" in these terms, this includes emails and messages sent to you through our Site.
2.1
How to become a Job Seeker: By completing and submitting the Job Seeker Form and paying the Job Seeker Fee, as set out in clause 4 below, and our acceptance of the same by us, you will become a Job Seeker and gain access to our Site as a Job Seeker and have the ability to make an offer to Job Posters to undertake Jobs for them which they may accept.
2.2
Job Seeker term: Your status as a Job Seeker commences on the date we accept your Job Seeker Form, and unless terminated earlier in accordance with these Terms, will continue if a non-paid member acknowledging restricted functionality, or until the renewal period if a paid Bronze, Silver or Gold member; one year from receiving successful payment.
2.3
Job Seeker authorisation: By becoming a Job Seeker and providing us with your payment details, you hereby authorise us to debit the Job Seeker Fee from your bank account in accordance with the provisions of these Terms.
2.4
If we cannot accept your Job Seeker Form: If we are unable to accept your Job Seeker Form, or your continued status as a Job Seeker, we will inform you of this. This might be because of incomplete information, unexpected limits on our resources or other commercial factors.
2.5
Your Job Seeker number: We will assign a Job Seeker number to you and tell you what it is when we accept your Job Seeker Form. It will help us if you can tell us your Job Seeker number whenever you contact us.
2.6
Geographical Restrictions: Our Site is for use in the UK, Ireland Channel Islands and Isle of Man only.
3.1
Online Quotes Job Posts:
Step one: once you have been notified of the acceptance of your Job Seeker Form and you become a Job Seeker, we will provide you with log in details to enable you to log on to our Site and review Job posts ("
Job Posts") that detail specific work required by Job Posters;
Step two: in accordance with your membership tier (as set out in clause 4), you can quote ("
Job Quote") for your work in completing the Job detailed in a Job Post ("
Job Offer"). The Job Poster will then review your Job Offer together with other Job Seekers' Job Offers before accepting one of such Job Offers;
Step three: upon your Job Offer being accepted by a Job Poster, a contract will arise between you and the Job Poster and you and the Job Poster will gain access to each other's contact details and other relevant information about each other and the Job;
Step four: once the Job is complete, the Job Poster will confirm completion and the Job Quote will be paid by the Job Poster directly to you.
3.2
Direct Callback Job Posts:
Step one: to use the Direct Callback job post feature, a Job Seeker must purchase pre-paid tokens ("
Callback Tokens"), but before doing so, they must be verified. To be verified, the Job Seeker must, (i) if a sole trader, provide a copy of their passport or driving licence and a recent utility bill, or (ii) if an independent person (neither a Sole Trader or a Company), provide a copy of their passport or driving licence and a recent utility bill, or (iii) if a company, provide a VAT number and their full company name and company number.
Step two: once verified, a Job Seeker must purchase Callback Tokens.
Step three: Job Posters can elect to post Jobs on our Site's Direct Callback job post feature ("
Direct Callback Job Posts"). A Job Seeker can search the submitted Direct Callback Job Posts, and use their Callback Tokens to obtain the contact details of the Job Poster whose Direct Callback Job Post they want to work on. The Job Poster can then make direct contact with the Job Seeker, however work resulting from Direct Callback Job Posts is not guaranteed.
3.3
How long do Callback Tokens last: Callback Tokens last for six months from the date that they are purchased. If they are not used within that time, they will be lost without any refund or other compensation given to the Job Seeker.
3.4
Multiple Job Seekers: Once a Job Seeker has used a Callback Token to access the contact details of a Job Poster, other Job Seekers can still use their Callback Tokens to access the same contact details of the same Job Poster in relation to the same Direct Callback Job Post.
3.5
We are not responsible for delays: If the supply of the Site's features is delayed we will take steps to minimise the effect of the delay. We will not be liable for delays caused for any reason.
3.6
No redirection: You must not include hyperlinks to any website, including your website, in any Job Offer.
4. JOB SEEKER MEMBERSHIP TIER
4.1
Job Seeker Membership: By paying a yearly charge to us ("
Membership Fee"), you will have the ability to offer your services by making Job Offers in response to Job Posts, in accordance with clause 3 above.
4.2
The Tiers: There are three tiers of Job Seeker Membership, each of which carries a different yearly fee, as detailed in the table below
Membership Fee (Includes VAT)
£5
£20
£40
4.3 The Job Seeker Form allows you to select a Membership Tier. By default, Job Seekers will automatically become a Member Job Seeker at zero cost when registering to WorkLocally with reduced functionality to explore the WorkLocally site, unless a membership tier is selected from the above table.
4.4 We may, from time to time, and at our absolute discretion, offer Bronze Membership free of charge or any other discount for a period of time as decided by us.
4.5
Verification. To become a Silver or Gold Job Seeker you must, if a sole trader, provide a copy of your passport or driving licence and a recent utility bill, or, if a company, provide a VAT number and your company's name and number. If this information is not provided, becomes out of date, or is found to be false (including if it is out of date), we may remove your verification status or in extreme cases we may terminate your Membership. We may periodically ask for more recent versions of the information and documents, at our discretion, including references - you must obtain the prior approval of a referee before providing the referee's contact details.
4.6 The Membership Fee (Bronze, Silver, Gold) is payable yearly in advance, and will be due one year from the date that you become a Job Seeker ("
Payment Date"). For the avoidance of doubt, if a Job Seeker pays their first Membership Fee on the 16 April 2018, the date that the subsequent Membership Fee will become due is the 16 April 2019. Further, if the first Membership Fee is paid on 29, 30 or 31 day of a month, any subsequent month that does not have a 29, 30 or 31 day will cause the Membership Fee to be payable on the last day of that month.
4.7 Moving from a Gold Membership to a Silver or Bronze Membership, or from a Silver Membership to a Bronze Membership will be a downgrade ("
Downgrade"). Moving from a Bronze Membership to a Silver or Gold Membership, or from a Silver Membership to a Gold Membership will be an upgrade ("
Upgrade").
4.8 You can change your Membership Tier at any time. To do so simply select the Upgrade or Downgrade button from your membership page. Please be aware that you are only able to change the tier of your membership once in any 24 hour period.
4.9 If you Downgrade your Membership, the Payment Date will stay the same. If you Upgrade your Membership, the Payment Date will change to be on the same day as the date that the Membership Tier is Upgraded.
4.10
Payment. We take payment from your payment card or PayPal account at the time we receive your order, once we have checked your payment card or PayPal details.
4.10.1 In the event that we are unable to supply the services, we will inform you of this as soon as possible.
4.10.2 Additional Terms and Conditions for payments made by PayPal can be found at www.paypal.co.uk.
4.10.3 By providing payment details, you confirm that you are the owner of the payment method (e.g. the debit or credit card) or you have been authorised to use the payment method.
4.10.4 To ensure that your credit, debit, charge card or PayPal account is not being used without your consent, we may validate your name, address and other personal information supplied by you during the order process against appropriate third party databases.
4.10.5 By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
4.11
Cancelling a direct debit subscription payment. Cancelling a direct debit subscription payment is an easy process. If you would like to cancel your subscription, do not renew the yearly subscription payment when requested. If successfully cancelled, you will receive an email from us stating so. To check the status, log into your account, click on the following from the Dashboard Landing Page: Payment. In the Current Bill tab under Purchase Summary in the Next Payment table will show the renewal date and payment amount to continue our service to you.
4.12 Subject to your payment of the Membership Fee set out in the table above you are granted the right to access our Site as a Job Seeker subject to the terms and conditions of this Agreement.
4.13 All billing reminders will be sent by email to the registered email address you provide.
5.1 The three Membership Tiers grant Job Seekers different rights and accesses to the Site. These may vary from time to time.
5.2 Each Membership Tier has a maximum limit on the amount that can be quoted for a Job by a Job Seeker. The limitations are set in the table below.
Maximum Job Quote per Job Offer (excl. VAT)
£150.00
£500.00
No Limit
6.1 You should not make a Job Offer unless you are sure that you can attend and fulfil the requirements of the Job as stated in the Job Post; this includes considering the location, start time, estimated time of the Job, and any other material information that is supplied in the Job Post. By making a Job Offer, you warrant and undertake that the Job Offer will be completed in time and to a satisfactory standard.
6.2 If you make a Job Offer, which is accepted by a Job Poster you will:
6.2.1 attend and complete the Job to the best of your ability, taking all reasonable care while carrying out the Job.
6.2.2 co-operate with the Job Poster's reasonable instructions and accept the direction, supervision and control of the Job Poster;
6.2.3 take all reasonable steps to safeguard your health and safety and that of any other person who may be present or be affected by your actions on the Job and comply with the health and safety policies of the Job Poster;
6.2.4 not engage in any conduct detrimental to the interests of us or the Job Poster;
6.2.5 comply with all relevant statutes, laws, regulations and codes of practice from time to time in force in the performance of the Job and applicable to the Job Poster's business, including without limitation, any equal opportunities or non-harassment policies.
6.2.6 attend any Job punctually, act in a courteous manner, and wear with appropriate clothing and attire.
6.2.7 not be under the influence of alcohol or any drugs at any time throughout the course of the Job.
6.2.8 only provide the Services as set out in the Job Post.
6.2.9 not copy, duplicate or in any way reproduce any of the contents of our Site or any other documents provided by us, nor knowingly permit the same;
6.2.10 not remove, suppress or modify in any way any proprietary markings including any trade mark or copyright notice on our Site.
6.2.11 not contact or accept instructions from any Job Poster or any member of their family, household or business directly or indirectly other than through our Site;
6.2.12 not carry out any work other than that which is detailed in the Job Post for the Job Poster;
6.2.13 not take, from a Job Poster, contact details of anyone that they may wish to refer to you with a view to you providing services to them directly; and
6.2.14 ensure that the information you provide about yourself and in any Job Offer is complete, accurate and not misleading;
6.3 If a Job requires equipment to complete it, you must supply that equipment at your own cost so that the Job can be completed to the requisite standard.
6.4 If you are unable for any reason (including illness) to attend a Job that you have accepted, or if you are expecting to arrive later than agreed, you should inform the Job Poster immediately so that alternative arrangements can be made by the Job Poster. The Job Poster will not have to pay you the Job Quote if you cannot attend the Job as a result of illness or for any other reason.
6.5 You should not attend a Job if you are ill, especially if the illness is contagious. If you are in any doubt, you will contact the Job Poster to inform them of the illness you have. The Job Poster will then make a decision as to whether they will allow you to attend the Job.
6.6 If, either before or during the course of a Job, you become aware of any reason why you may not be suitable for a Job, you will notify the Job Poster without delay.
6.7 If in the course of a Job you ever feel in danger or unsafe, for whatever reason, or if you consider that a person or animal is in danger, then you must call the police on 999 as soon as possible. Safety of all parties involved in a Job is of paramount importance.
7. REDUCING AND INCREASING A JOB QUOTE
7.1
Reducing a Job Quote: If the Job you provided a Job Quote for takes less time than expected and you wish to reduce the cost of the Job, you may do so.
7.2
Increasing a Job Quote: If the Job you provided a Job Quote for takes more time than expected and you wish to increase the cost of the Job, you may do so as long as you agree a price with the Job Poster before charging more, and the price does not increase above the limit of your Membership Tier.
8. OUR RIGHT TO MAKE CHANGES
8.1
Minor changes to your Job Seeker Membership: We may change the terms and cost of the Job Seeker Membership:
8.1.1 to reflect changes in relevant laws and regulatory requirements;
8.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These are unlikely to affect your use of our Site and our services; and
8.1.3 for any other reason in our absolute discretion.
8.2
More significant changes to your Job Seeker Membership and these Terms: We may increase the Membership Fee, but if we do so we will notify you beforehand and you may then contact us to end your Job Seeker status before the changes take effect.
9. YOUR RIGHT TO END THE JOB SEEKER MEMBERSHIP
9.1
You can always end your Job Seeker Membership with us: To do so, simply do not pay the Membership Fee when it next becomes due.
9.2 The Job Seeker Membership will be deemed to be terminated on the date that we send you confirmation of termination of your Job Seeker Membership.
9.3 Upon termination, you will not be refunded any of the Membership Fee that you have already paid to us.
9.4
Upon registering as a Job Seeker how long do I have to change my mind: You have 14 calendar days after the day we email you to confirm we accept you as a Job Seeker (the "
Trial Period") to cancel your membership. However, after this period expires or once you have submitted a Job Offer, if sooner, you will not receive a refund of your Membership Fee.
10. OUR RIGHT TO END YOUR MEMBERSHIP
10.1 We may end your Membership at any time without giving reasons by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 3 calendar days of us reminding you that payment is due;
10.1.2 if in our opinion, you have failed to comply with any provision in these Terms, if any details you have provided to us are false, or if we believe it is necessary to do so in order to protect other Job Posters and/or the security of the Site; or
10.1.3 for any other reason that we in our absolute discretion consider appropriate.
10.2 All parts of these Terms, which by their very nature should survive the expiration or termination of your Membership, shall continue in full force and effect notwithstanding and subsequent to the expiration or termination of your Membership.
10.3 Membership to the site is on a per user basis. Access to the site must not be shared to any other individual other than the individual who registered to the site through the Job Seeker and Job Poster Form process.
10.4 Multiple logins to the site under a single account is strictly prohibited and will result in the account being terminated without notice or refund.
11.1 In order to protect the confidentiality of a Job Poster, you agree to not at any time:
11.1.1 whether during or after a Job (unless expressly so authorised by the Job Poster as a necessary part of the performance of your duties), to disclose to any person or to make use of any of the information of the Job Poster; or
11.1.2 to make any copy, abstract or summary of the whole or any part of any document or other material belonging to a Job Poster except when required to do so in the course of your duties under a Job, in which circumstances such copy abstract or summary would belong to the Job Poster, as appropriate.
11.2 The restriction in clause 11.1 does not apply to:
11.2.1 any use or disclosure authorised by the Job Poster or as required by law a court of competent jurisdiction or any governmental or regulatory authority; or
11.2.2 any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure;
11.3 At the end of each Job or on request, you agree to deliver up to the Job Poster all documents (including copies, equipment, passwords, pass codes, tools and other materials) belonging to the Job Poster.
12.1 You consent to the Job Poster holding and processing data relating to you for legal, personnel, administrative and management purposes and in particular to the processing of any "sensitive personal data" as defined in the Data Protection Act 1998 relating to them including, as appropriate:
12.1.1 1 information about your physical or mental health or condition to monitor sick leave and take decisions as to your fitness for work;
12.1.2 your racial or ethnic origin or religious or similar beliefs to monitor compliance with equal opportunities legislation;
12.1.3 information relating to any criminal proceedings in which you have been involved for insurance purposes and to comply with legal requirements and obligations to third parties; and
13. NO PARTNERSHIP OR AGENCY
13.1 Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party being or becoming the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
13.2 You confirm you are acting on your own behalf and not for the benefit of any other person.
13.3 We take no responsibility for the actions or behaviour of other users of the Site or Job Posters before, during or after a Job.
13.4 All Jobs that you undertake are subject to a contract between you and the Job Poster. We are not a party to that contract. You accept that you will have no recourse against us if a Job Poster does not pay you the Job Quote or breaches any contract with you.
14. IF THERE IS A PROBLEM WITH OUR SERVICES
If you have any questions or complaints about your Membership or the Site, please contact us. You can telephone our customer service team at 01245 934747 or by writing to us at
admin@worklocally.com.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1
We are responsible to you for foreseeable loss and damage caused by us: If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaching these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or for any special or consequential loss. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the process of using our Site.
15.2
How we will maintain the Site and our disclaimer: We will use all reasonable endeavours to ensure that our Site is available for use, but we do not guarantee that they will be available all of the time or within a certain period of time. Our Site may also be unavailable for reasons outside of our control. We do not give or enter into any condition, warranty or other term to the effect that the Site will be available all of the time or will comply with any particular standard.
15.3
We are not liable for the quality of the Site: except as expressly set out in these Terms, no implied conditions, warranties or other terms will apply to our Site or to any service provided by us through our Site. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
15.4
Our limits on our liability: subject as above, our aggregate liability for all claims in relation to our Site shall not exceed an amount equal to the annual Membership Fee paid by you.
16.1 By using our Site, you agree to indemnify us, our directors, employees, agents, subcontractors and affiliated companies against any and all third party claims including claims by a Job Poster for when you have agreed to undertake a Job and liabilities related to any act or omission by you or to your breach of these Terms.
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
17.1
How we will use your personal information: We will use the personal information you provide to us:
17.1.1 to supply the features of the Site to you;
17.1.2 to process your payment for the Membership you choose; and
17.1.3 to inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
17.2
We will only give your personal information to third parties where the law either requires or allows us to do so.
18. SUMMARY OF YOUR LEGAL RIGHTS
18.1 The Consumer Rights Act 2015 states that:
18.1.1 you can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we can't fix it;
18.1.2 if you haven't agreed a price upfront, what you're asked to pay must be reasonable; and
18.1.3 if you haven't agreed a time upfront, it must be carried out within a reasonable time.
19. OTHER IMPORTANT TERMS
19.1
We may transfer this agreement to someone else: We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end your Job Seeker status.
19.2
We may change these Terms: We reserve the right to modify and revise these Terms at any time without prior notice. Each time you use our Site you should review these Terms as by using our Site and by becoming a Job Seeker you are bound by them.
19.3
You need our consent to transfer your rights to someone else: You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if the change causes, or is likely to cause financial or other loss to us or any user to which we provide the Site.
19.4
Nobody else has any rights under this contract: This contract is between you and us. No other person shall have any rights to enforce any of its Terms
19.5
If a court finds part of this contract illegal, the rest will continue in force: Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.6
Even if we delay in enforcing this contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, we can still require you to make the payment at a later date.
19.7
Which laws apply to this contract and where you may bring legal proceedings: These Terms are governed by English law and you can bring legal proceedings in the English courts.
" and any other use of a mark by us to identify our services are trade marks of ours. 
1 Callback Token