Terms and Conditions (the “Terms”)
Last Updated: June 2021
These Terms and Conditions for Website Use tells you the terms on which you may use our website www.ten80.group (“Site”), whether as registered user or guest.
By using the Site, you accept these Terms and Conditions and agree to obey them. If you don't accept them, please don't use the site.
These Terms and Conditions cover the rights and responsibilities between:
(i) you, as a user, (“Client”);
(ii) the individual providing the services (“Contractor”); (the Client and Contractor are collectively referred to as “You”); and
(iii) Ten80 Group Limited, a company incorporated in the United Kingdom under company registration number 11840152 (“Ten80”, “We” or “Us”) in respect of any services required by a Client and provided by a Consultant via our website www.ten80.group (the “Website”). The Website is known as the “Ten80 Platform”. Ten80 is our UK registered trademark.
These Terms apply to both the Client and the Contactor.
The Ten80 Platform allows the Client to request, book and pay for a broad range of on-demand services (the “Services”) provided by Contractors or by ten80. These are provided under a separate work agreement between the Client, Contractor and Ten80 (“Statement of Work”).
By using the Ten80 Platform to find work or to find people for work, you agree to use the system to manage the work, including booking the job and make payment for the work / get paid. This is important to pay for the ongoing provision of the service and is legally binding.
If you do not use the Ten80 Platform for management and payments, access to the Ten80 Platform may be withdrawn at the discretion of Ten80. Ten80 may also consider legal action for breech of these terms and conditions.
Provision of Services, booked by a Client via the Ten80 Platform, is the sole responsibility of the Contractor who provides such Services or by ten80 where the Statement of Work is with ten80. Ten80 acts only as a facilitation platform for the booking and payment of such Services and we are in no way responsible or liable to the Client for the actual Services that are performed unless specifically agreed otherwise between Us.
Use of your personal information submitted to us is governed by our Privacy and Cookies Policy. Additionally, by using the Ten80 Platform, You acknowledge that internet transmissions are never completely private or secure and that it is always possible that any message or information you send using the Ten80 Platform may be read or intercepted by others.
We are in no way bound by any promises or claims made either in writing or verbally by a Contractor or Client to the extent that they purport to bind Us to any additional terms not contained herein.
We may amend these Terms from time to time and you should check the Terms each time You use the Ten80 Platform.
The Client is entirely responsible for taking the necessary precautions to protect both personal safety and property when engaging the services of a Contractor.
Neither the Client nor the Contractor is allowed to:
· republish, redistribute or re-transmit the Ten80 Platform;
· copy or store the Ten80 Platform other than for your use as permitted by these Terms and Conditions and as may occur incidentally in the normal course of use of your browser or mobile device;
· store the Ten80 Platform on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the Ten80 Platform;
· remove or change any content of the Ten80 Platform or attempt to circumvent security or interfere with the proper working of the Ten80 Platform or any servers on which it is hosted;
· use the Ten80 Platform in a way that might damage Ten80’s name or reputation.
2. Clients: How to hire resources
On accessing the Ten80 Platform, Clients will be asked to create an account by providing their email address and a verified password. Clients will then be able to access Ten80 profiles and set-up a job on the platform which will be promoted to the Contractors.
Clients may then select a Contractor and choose to engage them for work. The engagement forms a relationship and the Statement of Work is either directly between Client and Contractor, with the Contractor contracted to provide services directly to Client. Where agreed between the Client and ten80 the Statement of Work may be between the Client and ten80 directly who will have a back to back arrangement with the Contractor.
On completion of the Services, the Client must authorise payment by submitting an approved worksheet. An invoice will then be generated and the Client will be requested to use Ten80s payment solution.
Once the job is complete the Client will be asked to rate and review the Contractor’ s performance. The Contractor also has the ability to rate and review the Client.
By using Ten80 to find Ten80s, Clients agree that all communications with Ten80s will be conducted securely through the Ten80 Platform and all fees paid to a Ten80 introduced through the platform will be paid using Ten80's payment system. A failure to comply with this term may result in your access to the Ten80 platform being terminated.
3. Terms applicable specifically to Contractors
A Contractor will be required to create an account on the Ten80 Platform before being able to create a profile. This profile includes details of the Contractor’s skills and experience.
The Contractor's profiles will be used to promote the Contractor to Clients for potential work opportunities. This includes using Contractor profiles on the marketing website to promote the Ten80 Platform and the Contractors to potential Clients.
In accepting these Terms the Contractor represents and warrants on an ongoing basis that you are over the age of 18 years..
We are under no obligation to provide the Contractor with a minimum number of requests for Services, however, from time to time We may connect the Contractor with Clients who require Services and the Ten80 will be entitled to express an interest in carrying out such Services in accordance with the details shown on the Client’s request. If selected by the Client to perform the Services, the Contractor will be required to enter into a separate Statement of Work before the commencement of the Services.
Once We have been notified via the Ten80 Platform that the Services have been completed to the Client’s satisfaction we shall arrange payment to the Contractor to the bank account given during the set up of the Contractor’s account. The timing of payment will be dependent on the terms agreed with the Client but the standard payments terms are 30 days from the presentation of an invoice.
The Contractor will be solely liable to a Client or ten80 for the Services that are performed. In no way will Ten80 be liable to either the Client or to the Contractor unless specifically agreed. The Contractor will also be solely liable for any personal taxation that may apply as a result of you being paid for the Services. Accordingly, the Contractor shall indemnify Us and keep Us indemnified from and against all losses, damages, liabilities, claims, costs and expenses (including reasonable legal costs) which are incurred or suffered by Us out of or in connection with: (i) any breach of the Contractor’s warrants and representations; (ii) the Contractor’s performance of the Services; and (iii) payment for the Services including, but not limited to any income taxes or other taxes, national income, social security or other contributions, awards, compensation or damages which may apply as a result of being paid for the performance of such Services.
The Contractor acknowledges and confirms that they are an independent self employed contractor or their services are provided by a Personal Services Company and nothing in these Terms or the Services that the Contractor provides via the Ten80 Platform is intended to, or shall be deemed to establish any relationship of: joint partnership; agency; employer and employee; or worker and hirer between the Contractor and Us under any circumstances.
By using Ten80 to find work, Contractors agree that all communications with Clients will be conducted securely through the Ten80 Platform and all fees received from a Client introduced through the platform will be collected securely using Ten80's payment system. A failure to comply with this term may result in your access to the Ten80 platform being terminated.
Neither Client or Ten80 are liable for loss incurred by payments being made to the wrong bank account, due to incorrect details being registered by the Contractor.
4. Acceptable Use Policy
4.1 If you contact other users of our Site or upload material to it, you must follow the terms of this Acceptable Use Policy, which sets out standards for usage. You agree to reimburse us for any costs or expenses we incur as a result of any breach of this term by you.
4.2 You must not use the Site to do any of the following:
(a) break any laws or regulations;
(b) do anything fraudulent or which has a fraudulent effect;
(c) harm or attempt to harm minors;
(d) do anything with material that does not meet our content standards listed below);
(e) do anything with unsolicited advertising material (known as spam);
(f) transmit any data or material that is harmful to other programs, software, or hardware (for example, viruses, Trojan horses, worms, automatic scraping robots);
(g) copy or in any way re-sell any part of our Site; or
(h) interfere with or damage any part of our Site, equipment, network, software or storage arrangements.
4.3 Non Solicitation
When using the Site and for a period of twelve (12) months thereafter You shall not, without the prior written consent of the US, whether directly or indirectly or in conjunction with, or on behalf of, any other person, solicit for employment (or engagement, provision or in any other capacity) any contractor signed up to the Site and/or any employee, consultant or other staff who have been employed or engaged in the provision of the Site. This Clause shall not apply to unsolicited responses by such persons to bona fide general recruitment advertising placed by You.
4.4 Material that you upload will be regarded as non-confidential and not owned by you. This means that we can copy it, distribute it, and show it to other people for any purpose. We are not legally responsible to anyone for the accuracy of material that you upload to the Site, and we can remove it at any time if we think it does not follow our Acceptable Use Policy.
4.5 You are allowed to make a legal link to our Site’s homepage from your website if the content on your website meets the standards of this Acceptable Use Policy. We can end this permission at any time, and you must not suggest any endorsement by us or association with us unless we agree in writing.
4.6 Links from our Site to other third-party websites are for information only. We do not control such third-party websites and do not accept responsibility for the content on other websites or any loss you suffer from using them. We recommend you read the website terms and conditions of any third-party website you use.
5. Content Standards
5.1 Here are our content standards. They apply to all material that you contribute to our Site and to all interactive services. Your contributions must:
(a) be accurate (if they are factual);
(b) be genuine (if they state opinions);
(c) be within the law;
(d) not be defamatory, obscene or offensive;
(e) not be likely to deceive, harass, annoy, threaten or invade someone else’s privacy;
(f) not promote material that is sexually explicit, violent, discriminatory based on race, sex, religion, nationality, age, disability or sexual orientation;
(g) not infringe anyone else’s intellectual property;
(h) not be used to impersonate anyone or misrepresent anyone’s identity; or
(i) not encourage or assist anything that breaks the law.
6. Limitation of Liability
Nothing in these Terms shall exclude or limit our liability for any other liability that cannot lawfully be excluded or limited.
If You are dissatisfied with the Ten80 Platform your only remedy under these Terms shall be to discontinue your use of the Ten80 Platform. Without limiting the preceding sentence we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
Other than as set out in the two paragraphs immediately above, We shall not be liable in contract, tort, negligence, statutory duty, misrepresentation or otherwise for any direct or indirect loss or damage whatsoever arising from or in any way connected with these Terms or your use of the Ten80 Platform.
Except as expressly set out in these Terms all conditions, warranties and obligations which may be implied or incorporated into these Terms by statute, common law or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law.
We shall not be liable for: (i) loss of revenue; (ii) loss of profit; (iii) loss of anticipated savings; or (iv) any other indirect, economic or consequential loss.
In the event that any limitation or exclusion of liability in these Terms is not enforceable then we shall not be liable to you for more than £500 in aggregate in respect of all matters concerning or arising out of your use of the Ten80 platform.
7. Interactive Services
We are not required to moderate our interactive services (such as chat rooms, bulletin boards) and we will not be responsible for any loss to anyone who does not use our Site in accordance with our standards (whether or not we have moderated the services). If you use our interactive services, we will try to assess risks on the Site and will moderate if we think it is appropriate.
Nothing in these Terms creates an obligation for Us to make direct introductions between Client and Contractor and we reserve the right to suspend, restrict or terminate access to the Ten80 Platform at our sole discretion.
We make no warranty that the Ten80 Platform will provide an uninterrupted service or be error free or that any defects will be corrected.
We make no warranty as to the quality, suitability or otherwise of the Contractor to provide the Services and are not liable to the Client for any loss or damage You may incur as a result of being connected to a Ten80.
9. Intellectual Property Rights
We are the owner or licensee of all present and future intellectual property rights in the Site (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.
You are allowed to print one copy and download extracts of any page on the Site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them. If you breach these terms, you lose your right to use our Site, and must destroy or return any copies you have made.
8. Data Protection
We shall comply with all applicable data protection legislation and ensure that at all times when We are processing personal data We take all appropriate technical, operational, managerial, physical, organisational measures in accordance with prevailing practices of care, skill, professionalism and diligence to safeguard against unauthorised or unlawful processing of personal data and against any unauthorised or unlawful accidental loss, destruction of, or damage to, personal data and ensure the security of such personal data.
9. External links
The Ten80 Platform may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
Any notice to be given under these Terms must be in writing and either sent by email, delivered by hand or sent by recorded delivery to (i) in the case of Ten80 its registered address and (ii) in the case of a Client or Contractor to the primary correspondence address (including email address) given to Ten80.
11. Entire Agreement
These Terms constitute the entire agreement between Ten80 and the Clients and Contractors that use the Ten80 Platform and replaces any previous agreement or understanding (whether oral or written, express or implied) between us in respect of matters contained or referred to in these Terms. Each of us agrees that, in entering into these Terms, we have not relied on, and have no remedy in respect of, any representation warranty or other provision (whether oral or written, express or implied) of any person, which is not expressly set out in these Terms. The only remedy available in respect of any misrepresentation or untrue statement shall be a claim for breach of contract under these Terms, such claim to be subject to the limitation of liability section above. This paragraph does not operate to limit or exclude any liability arising from any fraudulent or dishonest statement, act or omission.
12. Our Rights
We reserve the right at all times to edit, refuse to post or remove from the Ten80 Platform any profile, information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body. For the avoidance of doubt we reserve the right to remove any review that We believe in our sole discretion is inappropriate.
If any of these Terms are held to be illegal or unenforceable for any reasons, such provisions shall be severed and the rest of the Terms shall remain in full force and effect.
You may not assign, transfer or sub-contract any of your rights under these Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in these Terms.
No waiver shall be effective unless in writing and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.
14. Governing Law and Jurisdiction
These Terms shall be subject to the laws of England and Wales and the parties shall submit to the exclusive jurisdiction of the courts of England and Wales.
15. Contacting us
Please submit any questions you have about these terms and conditions or any complaint or concern in relation to the Service by email to firstname.lastname@example.org