1. About us
1.1. Company details. Azy Corporation ltd trade as Thiscituservices (company number [11789259]) (we and us) is a company registered in England and Wales and our registered office is at [194-200 Brent Street]. Our main trading address is [194-200 Brent Street]. We operate the website ThisCitySevices.com.
1.2. Contacting us. To contact us, telephone our customer service team at 0207305890 or email us at [info@thiscityservices.com]. How to give us formal notice of any matter under these Terms and Conditions is set out in clause [xx].
1.3. [Professional indemnity insurance. We maintain [worldwide] professional liability insurance. Our compulsory insurer is [HISCOX], and our policy number is [].]
1.4. ThisCityServices operates a website and applications connecting a User to Service Provider.
2. Our contract with you
2.1. By using or registering to our site you enter into a binding contract with us on the following terms and conditions. These terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.2. These terms and conditions and our policies are the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these terms and conditions.
2.3. You agree not to use our site for any purpose that is unlawful or prohibited by these terms and conditions.
2.4. We reserve the right to update and amend these terms and conditions at any time.
2.5. We have the following policies which form part of our terms and conditions:
Privacy Policy [provide link]
Acceptable use policy [provide link]
Website terms of use [provide link]
Cookie Policy [link]
3. Services as provided by ThisCityService
3.1. To access the full site, the User and the Service Provider are required to register with our site.
3.2. The Service Provider can register as a legal entity or a sole trader.
3.3. The User of the site can only register 1 account.
3.4. The User of the site must be over 18.
3.5. The Services available are advertised on our Site by us. Service Providers have their own terms and conditions and apply when a Service Contract is accepted by a User.
3.6. The terms and conditions referred to in [above clause…] are those agreed between User and Service Provider and ThisCityService is neither involved in the negotiation of those terms neither is ThisCityService liable in respect of any breaches of those terms, warranties, misrepresentations, fraud, dishonesty or any other factor or conduct capable of rendering the contract voidable or void.
3.7. Any agreement, benefit, warranty or the terms and conditions referred to in [clause…above] cannot confer any benefit on ThisCityService in manner such as to allow the User or the Service Provider to enforce any term agreed between User and
3.8. Service Provider against ThisCityServicce and the Contracts (Rights of Third Parties) Act 1999 has no application to these Terms and Conditions
3.9. The User posts a monetary offer for a Service the User requires. Service Providers bid for the Service and the winning bidder is connected with the User. Should the User wish to accept the Service Contract, a separate contract is entered into between User and Service Provider for the Service Contract.
3.10. Services are provided directly by the Service Provider to the User.
3.11. ThisCityServices have no involvement in the services provided by the Service Provider or the terms agreed between the User and the Service Provider.
3.12. In order for the User and Service provider to use our site and connect, they must register with our site and purchase Credits. Credits are held in a Wallet. Credits do not expire and are non-transferable.
3.13. Once a Service Contract is accepted by a User, the User pays the agreed sum directly to the Service Provider. ThisCityServices do not receive money on behalf of Service Providers and has no involvement in the contract between User and Service Providers.
3.14. We take steps to verify the credentials and company status of Service Providers and Users.
4. Site registration and charges
4.1. In order to access the Site you need to register.
4.2. In order for the User to enter into a Service Contract with the Service Provider, the User has to hold Credits in their Wallet and expend Credits as prompted by the website interface.
4.3. Credits are required to be purchased at the rate applicable from time to time and stipulated on the site. Unless otherwise stated, the prices quoted do not include VAT.
5. How to pay
5.1. Payment for purchasing Credits to our site is in advance.
5.2. You can pay for Credits using a debit card or credit card. We accept the following cards
[INSERT DETAILS OF CARDS]
5.3. We do not accept payments on behalf of a Service Provider or any Services you have contracted to pay a Service Provider.
6. Our promises
6.1. We will permit you to access, use and interact with our Site subject to these terms and conditions.
6.2. We will:
6.2.1. exercise reasonable care in the design and maintenance of the Site;
6.2.2. use reasonable efforts to make our Site available to you at all times; and
6.2.3. take the steps set out in our privacy policy to endeavour to secure any personal data and credit card information you give us.
7. Exclusions and limitations
7.1. We do not represent or warrant that access to our Site, or any part of it, will be uninterrupted, reliable or fault-free.
7.2. We do not represent or warrant to you that our Site or any of its contents will be accurate, complete or reliable.
7.3. We do not represent or warrant that:
7.3.1. any services (whether or not provided by us) will be provided with due care and skill; or
7.3.2. any goods (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
7.4. To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
7.4.1. any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our Site or any information on our Site;
7.4.2. the unavailability of our Site (or any part of it), goods or services;
7.4.3. any delay in providing, or failure to provide or make available, goods or services, or any negligent provision of goods or services;
7.4.4. any goods not being of merchantable quality or fit for their intended purpose; or
7.4.5. any misrepresentation on or relating to our Site, the goods or the services (other than a fraudulent misrepresentation made by us or on our behalf).
7.5. Our maximum liability to you or your business in respect of your use of our Site or any services we provide or make available to you through or in relation to our Site will be the amount of any credits or subscription fees paid by you during the year in which the liability arose. You agree that we shall have no liability for
7.5.1. loss of profits or income;
7.5.2. loss of sales or business;
7.5.3. loss of agreements or contracts;
7.5.4. loss of use or corruption of software, data or information;
7.5.5. damages for loss of or damage to property
7.5.6. loss of or damage to goodwill; and
7.5.7. any indirect or consequential loss.
7.6. You agree that each of these limitations is reasonable having regard to the nature of our Site and in particular given that when you post and/or accept a job through our Site you will enter into a separate contract with the Service Provider in each case.
7.7. None of the exclusions or limitations in this clause 7 shall exclude or restrict our liability for death or personal injury caused by our negligence.
7.8. None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our Site, good or service to you.
7.9. Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
7.10. [Nothing in these terms limits or affects the exclusions and limitations set out in our [LINK TO WEBSITE TERMS AND CONDITIONS OF USE].]
7.11. Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
8. Links to other sites
8.1. Certain links, including hypertext links, in our Site will take you outside our Site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked Site, its operator or its content. We are not responsible for the content of any website outside our Site.
9. Termination of registration
9.1. Without limiting any of our other rights, we may terminate your registration with immediate effect by giving written notice to you if:
9.1.1. We may terminate your subscription immediately if you are in material breach of any of these terms and conditions.
9.1.2. you are a Service Provider and take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
9.1.3. you are a Service Provider and suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
9.1.4. you are a Service Provider whose financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under these terms and conditions has been placed in jeopardy.
9.1.5. You may terminate your registration with us at any time on 14 days’ notice to us in writing. To terminate your registration, you must send an email to info@thiscityservices.com and stating the reason of leaving us.
9.1.6. [You can also email us at [info@thiscityservices.com] or by calling our Customer Services team on [02037305890] or by post to [194-200 Brent Street]. If you are emailing us or writing to us, please include details of your account to help us to identify it.
9.1.7. Any rights and remedies that have accrued to either party at the date of termination will remain enforceable after termination.
Credits are non-refundable.
10. Specific Terms relating to Users –
10.1. User’s Right to End the Agreement
10.1.1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
10.1.1.1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back).
10.1.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see Clause 10.2
10.1.1.3. If you have just changed your mind about the product, see Clause x.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions [and you will have to pay the costs of return of any goods];
10.1.1.4. )In all other cases (if we are not at fault and there is no right to change your mind), see [Clause x.x or Clause x.xEnding 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 products 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 product or these terms which you do not agree to
(b)we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c)there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d)we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than [PERIOD]; or
(e)you have a legal right to end the contract because of something we have done wrong [(including because we have delivered late
10.1.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013) only applies to credits you have bought but you have not yet applied to purchase Services from Service Providers
10.1.3 You do not have a right to change your mind in respect of the purchase of credits once you have applied those credits to purchase Services from Service Providers
10.1.4 If you want to end a contract before you have spent all your Credits, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Credits not yet applied as compensation for the net costs we will incur as a result of your ending the contract OR reasonable compensation for the net costs we will incur as a result of your ending the contract.
10.1.5 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND) To end the contract with us, please let us know by doing one of the following:
10.1.5.1 Phone or email. Call customer services on [NUMBER] or email us at [ADDRESS]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
10.1.5.2 Online. Complete the [form INSERT LINK TO ONLINE FORM] on our website.
10.1.5.3 By post. Print off the [form INSERT LINK TO PRINTABLE FORM] and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
11. Communications between us
11.1. When we refer to "in writing" in these terms, this includes email.
11.2. Any notice or other communication given by one of us to the other under or in connection with the terms and conditions must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
11.3. A notice or other communication is deemed to have been received:
11.3.1. if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address
11.3.2. if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
11.3.3. sa if sent by email, at 9.00 am the next working day after transmission.
11.4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
11.5. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
12. No commercial use
12.1. You agree that you will use our Site only for your personal use if a User and only for your internal business purposes if a Service Provider and that you shall not exploit our Site or any of its contents for any commercial purpose.
13. General
13.1. Assignment and transfer
13.1.1. We may assign or transfer our rights and obligations under these terms and conditions to another entity but will always notify you [in writing or] by posting on this webpage if this happens.
13.1.2. You may only assign or transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
13.2. Third party rights
13.2.1. Where in these terms representations and warranties are made to us and to suppliers of services through our Site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you by virtue of the Contracts (Rights of Third Parties) Act 1999.
13.3. Variations
13.3.1. We reserve the right at any time without notice to revise the content of our Site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our Site and by continuing to use our Site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.
13.4. Credit card security and registration
13.4.1. We use a secure server that implements Secure Sockets Layer technology (certified to the standard for encrypted credit card transactions stipulated by Verisign UK Limited) to prevent any person from gaining access to your credit card or registration information whilst it is on our Site or being transmitted across the Internet.
13.4.2. If you discover that goods or services have been ordered from a supplier over our Site using your credit card details in circumstances where you had not agreed to or authorised this, then (provided that you have not, through failure to take reasonable care, allowed an unauthorised person to gain access to your credit card details, purchaser ID or password) our suppliers are required to refund to you the money they receive provided that:
13.4.2.1. you inform your credit card company and us of the unauthorised purchase as soon as you discover it; and
13.4.2.2. you co-operate with your credit card company, the supplier, us and, if necessary, the police in relation to the unauthorised use.
13.5. Taxes
13.5.1. We have made every effort to make clear whether the quoted prices for goods and services available through our Site include any relevant tax or duty. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example VAT) imposed by the supplier or by operation of law that is in addition to the price.
13.6. The use of your information
13.6.1. You agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy [insert link to privacy policy].
13.7. Copyright
13.7.1. All rights in the design, text, graphics and other material on our Site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our Site solely in connection with the acquisition of goods or services through our Site. Any other use of materials on our Site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited. You hereby grant to us a perpetual, royalty-free, irrevocable licence to copy, issue copies, communicate to the public, make publicly available and include in a cable programme service (either in whole or in part or in a modified or edited form) any material you upload or post to our Site (whether to a chat room, bulletin board or otherwise). You acknowledge and agree that such material is not uploaded or posted subject to any obligation of confidence.
13.8. Trade marks
13.8.1. We are the proprietor of the ThisCityService trade mark in the United Kingdom and other countries. All other trade marks, product names and company names or logos used in our Site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.
13.9. Access
13.9.1. We reserve the right in our sole discretion to deny users access to our Site or any part of our Site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.
13.10. Events beyond our control
13.10.1. We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our Site resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
13.11. Applicable law and jurisdiction
13.11.1. These terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of the English courts.
13.12. Unenforceability
13.12.1. The enforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions.
13.13. Complaints
13.13.1. If a problem arises or you are dissatisfied with our service, we have a comprehensive complaints policy, see [COMPLAINTS POLICY LINK].
14. Definitions
In these terms and conditions:
Credits We use credits as payment when you post an offer for a Service. Credits will be held in a Wallet. The Credits are owned by the owner of the Wallet.
the/our Site means our presence on the Internet, our Website, our web applications;
our, we and us means [insert] Limited trading as ThisCityServices and, where applicable, its officers, employees and authorised agents;
you and your Includes you and any business with which you are associated and on behalf of which you use our site;
Services means the service advertised on our site which is to be provided by Service Providers such as cleaning, maintenance, pest control, transport;
Service Contract means the agreement for services between a User and a Service Provider.
Service Provider means the business offering a service such as cleaning, maintenance, pest control, transport;
User means a person or business buying services from Service Providers; and
Wallet is the pre-paid account in which a User or Service Provider can store his/her Credits for future online transactions.
