Terms & Conditions

Our terms of service (Terms)

This website (“site”) is owned and operated by Bag a Builder Limited, a company registered in England and Wales under company number 09500568 with its registered office at 86-90 Paul Street, London, United Kingdom, EC2A 4NE. Bag a Builder allows homeowners and construction firms to post jobs and discover authenticated, certified, skilled tradesmen in your local area.

The terms “we”, “us”, “our” and “ours” when used in these Terms mean Bag a Builder Limited which includes any parent, subsidiaries, divisions, branches, affiliates or companies under common ownership or control of us and our brand.

The terms “you” and “your” when used in these Terms means any user of this site who wishes to create an account and either post an advertisement or view the advertisements on this site posted by homeowners, tradesmen or construction firms.

The term “Consumer” is used to denote any user of this website who registers with a view to posting job advertisements, reviewing posts or advertisements and chooses to make contact with a Tradesman for the user’s own use but not in the course of business. As such there is no intention to form a contract between us other than for the provision of the services in supplying the online facility as set out below. The Consumer who forms a contract with a Tradesman or Construction Firm does so directly.

1.1 What these terms cover. These are the terms and conditions on which we supply our services and any accompanying digital content (our services) to you through https://www.bagabuilder.co.uk/ (our site). Users who use our site will however have to comply with the terms of use and privacy policy, acceptable use policy , cookie policy and confirm any marketing consents . For the avoidance of doubt we do not get involved with any agreement or contract that you may enter into directly with another user of this site. You must therefore make sure that you are entirely happy with any terms you agree in the event that you hire a Tradesman or Construction Firm, or accept a job.

1.2 Why you should read them. Please read these terms carefully before you proceed to use our site. These terms tell you who we are, how we will provide our services to you, how you and we may change or end the contract, 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 to discuss.

1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

  • You are an individual.
  • You are creating an account and using our services wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
  • Provisions specific to consumers (homeowners) only are in red and those specific to businesses (construction companies and tradesmen) only are in blue.

1.4 If you are a business customer this is our entire agreement with you. If you are a business customer i.e. a Tradesman or Construction Firm, then these terms constitute the entire agreement between us in relation to your registration on this site. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement. If you are acting on behalf of a business, you confirm that you have authority from that business authorising you to use their credit card and purchase from our website

2.     Information about us and how to contact us

2.1 Who we are. We are Bag a Builder Ltd a company registered in England and Wales. Our company registration number is 09500568 and our registered office is at 86-90 Paul Street, London, United Kingdom, EC2A 4NE.

2.2 How to contact us. You can contact us by writing to us at support@bagabuilder.co.uk.

2.3 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 during registration.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3.    Our contract with you

3.1 How we will accept your registration to create an account and any advertisement. Our acceptance of your registration on our site and any advertisement you choose to post will take place when we email you a confirmation email, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your registration to create an account or advertisement. If we are unable to accept your registration or advertisement, we will inform you of this in writing giving reasons and you will not be charged for the service. This might be because the information you have provided is not correct, because we have identified an error in the price or description of the service, because we are unable to meet a deadline you have specified or for some other technical reason.

3.3 We only operate in the UK. Our website is solely for the use of UK residents and the promotion of our services in the UK. Unfortunately, we do not accept advertisements or posts from addresses outside the UK.

4.    Our Services

4.1 Images posted on our site may not be entirely accurate. The images provided on our site, whether by us or our users are for illustrative purposes only. Although we have made every effort to display any images accurately, we cannot guarantee that a device's display of the images will be accurate. Any samples, drawings, descriptive matter or advertising issued by any user of this site, and any descriptions or illustrations contained in a user’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the services described in them. They shall not form part of the Contract with us or have any contractual force.

4.2 Make sure your descriptions, statements and adverts are accurate. You are responsible for ensuring that any adverts, statements or descriptions that you post onto our site are correct. You can look on our site to see what other people have posted to get an idea.

5.Your rights to make changes

If, once registered on our site, you wish to make a change to any details about yourself or your services on offer to consumers or to any advertisement or post you have uploaded you are free to do so. Where applicable we will let you know about any changes to the price of our services or timing of any upload which would result from your requested change and ask you to confirm whether you wish to go ahead with the change.

6.Our rights to make changes

6.1 Minor changes to our services. We may change our services:

(a)   to reflect changes in relevant laws and regulatory requirements; and

(b)   to implement minor technical adjustments and improvements, for example to address a security threat. These changes should not affect your use of our services but you will be advised in the event that they do.

6.2 More significant changes to our services and these terms. In addition, we may make changes to these terms or our services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive at our discretion a refund for any of our services paid for but not received.

6.3 Updates to digital content. We may update or require you to update digital content from time to time.

7.Providing the services

7.1 When we will provide the services. Any homeowner, tradesman or construction firm interested in advertising through this site is asked to register on-line to create an account and sign into the site. These terms will apply from the point that registration is approved following our due diligence checks which should take no more than 48 hours. Once the registration process is completed you will then be able to purchase credits, post a job, make contact with other users and leave feedback.

7.2 We are not responsible for delays outside our control. If the use of our site is delayed by an event outside our control then we will either contact you as soon as possible to let you know by email as long as we have your email address or we will post a notice on the site and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund at our discretion for any services you have paid for but not received.

7.3 What will happen if you do not give required information to us. We may need certain information from you so that we can complete your registration on our site. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, you will not be able to proceed to fully use the site. We will not be responsible for supplying services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of it being requested.

7.4 Reasons we may suspend the supply of services to you. We may have to suspend the supply of services to:

   (a)    deal with technical problems or make minor technical changes; or

   (b)    update the services to reflect changes in relevant laws and regulatory requirements.

7.5 We may suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend your use of the site and remove your posts until you have paid us the outstanding amounts. We will contact you to tell you we are suspending your use of the site. We will not suspend the services where you dispute the unpaid invoice. As well as suspending the services we can also charge you interest on any overdue payments.

8.Your rights to end the contract

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have paid for, whether there is anything wrong with the service, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:

   (a)If what you have paid for is faulty or misdescribed you may have a legal right to end the contract (or to get a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;

   (b)If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

   (c)If you are a consumer and have just changed your mind about the service, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

   (d)In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:

   (a) we have told you about an upcoming change to the services or these terms which you do not agree to;

   (b) we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;

   (c)there is a risk that supply of the service may be significantly delayed because of events outside our control;

   (d)we have suspended supply of the service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or

   (e)you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:

   (a)digital products after you have started to download or stream these; or

   (b)services, once these have been completed, even if the cancellation period is still running.

8.5How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered (for example, registered on Bag a Builder’s site to post a job advertisement)? If so, you have 14 days after the day you receive confirmation that your registration on the site is complete. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. The same applies to any digital content that you have bought from our site for downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

8.6Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for services which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the services until 3 March. We will only charge you for supplying the services up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March.

9. How to end the contract with us (including if you are a consumer who has changed their mind)

9.1Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

   (a)Email: Email us at support@bagabuilder.co.uk. Please provide your name, home address, details of the services purchased from us and, where available, your telephone number and email address.

   (b)Online. Complete the cancellation form on our website.

9.2How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price, as described below.

9.3When we may make deduction from refunds if you are a consumer exercising your right to change your mind. The same terms apply as in clause 8.3 above.

9.4When your refund will be made. We will make any refunds due to you as soon as possible.

10. Our rights to end the contract

10.1We may end the contract if you break it. We may end the contract for a service at any time by writing to you if:

    (a)you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;

    (b)you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, personal or job description details;

10.2We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least a month in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.

11.If there is a problem with the service

   How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at support@bagabuilder.co.uk.

12.Your rights in respect of defective services if you are a consumer

12.1If you are a consumer we are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is digital content, for example a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

  • if your digital content is faulty, you're entitled to a repair or a replacement.
  • if the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
  • if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation

If your product is services, for example a support contract for a laptop or tickets to a concert, the Consumer Rights Act 2015 says:

  • you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
  • if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
  • if you haven't agreed a time beforehand, it must be carried out within a reasonable time.

13.Price and payment

Bag a Builder Limited is offering for the first three months free registration from 31.07.2017 to 31.10.2017 we will offer Tradesmen and Construction firms tiered based membership which will be advertised directly on the site and may be amended from time to time. 

13.1Where to find the price for the services. The price of the services will be the price indicated on the site before you register. We take all reasonable care to ensure that the price of the services advised to you is correct and inform you if we discover an error in the price of the service you order.

13.2When you must pay and how you must pay. We accept payment with most credit and debit cards [Mastercard Commercial, Mastercard credit, Mastercard Debit, Mastercard Premium, UK Maestro, Visa Commercial, Visa Credit, Visa Delta/Debit, Visa Electron]. You can also opt to pay by direct debit.

   (a)For digital content, you must pay for any products before you download them.

   (b)For services, you must pay each invoice within 3 calendar days after the date of the invoice. Until payment is made in full posts will not go live on the site.

13.3No right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

13.4We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

13.5What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

14.Our responsibility for loss or damage suffered by you if you are a consumer

14.1We 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 our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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 sales process.

14.2We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.

14.3When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

14.4We are not liable for business losses. If you are a consumer we only supply the services for to you for domestic and private use. If you use the services for any commercial, business or re-sale purpose our liability to you will be limited as set out below.

15.Our responsibility for loss or damage suffered by you if you are a business

15.1Nothing in these terms shall limit or exclude our liability for:

   (a)death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

   (b)fraud or fraudulent misrepresentation;

   (c)breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.

15.2Except to the extent expressly stated in clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

15.3Subject to clause 15.1:

   (a)we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

   (b)our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for services under such contract.

16.How we may use your personal information

16.1How we will use your personal information. We will use the personal information you provide to us:

   (a)to supply the services to you;

   (b)to process your payment for the services; and

   (c)if you agreed to this during the registration process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.

16.2We will only give your personal information to third parties where the law either requires or allows us to do so.

17.Other important terms

17.1We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.

17.2You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

17.3Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms except as set out above at clause 17.2.

17.4If 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.

17.5Even 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 your 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 but we continue to provide the services, we can still require you to make the payment at a later date.

17.6Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.

17.7Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Mediating Works Limited via their website at www.mediatingworks.com . Mediating Works Limited will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

17.8Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

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