Terms and Conditions of Supply


PLEASE READ THESE TERMS AND CONDITIONS OF SUPPLY CAREFULLY BEFORE USING DIGIWORKS’ SERVICES OR BOOKING WITH US



TERMS AND CONDITIONS OF SUPPLY

(The “Terms of Supply”)


PLEASE READ THESE TERMS AND CONDITIONS OF SUPPLY CAREFULLY BEFORE USING DIGIWORKS’ SERVICES OR BOOKING WITH US


UPDATED AS OF 2 JANUARY 2021

 

These are the DigiWorksco Ltd (“DigiWorks”) terms and conditions (the “Terms”). These Terms apply by making a Booking for Services you agree to be bound by the Terms set out below. If you do not agree to be bound by these Terms please do not use our booking form and services.

Before you place an order with us, please read these Terms carefully. If you have any questions relating to these Terms please contact our support team by email at hello@teamdigiworks.com.


2) THE DEFINED TERMS

 

Defined terms 


Booking” means a booking for Services made by You on our Website;


Independent Worker” means the independent contractor who performs business services, that are available through our Website;


Services” means business services;


We/us” means DigiWorksco Ltd. We are registered in England and Wales under company number 12963877 and have our registered office in London, England.


Website” means the website located at www.teamdigiworks.com or any subsequent URL which may replace it;


You” or “Customer” means a user of this booking service and website.

 

3) USE OF THE DIGIWORKS BOOKING PLATFORM

3.1 DigiWorks is a technology platform, accessed through the Website, that connects You with independent contractors of business services listed on the Website. It enables you to engage an Independent Worker in your area for the provision of those services.


We act as a booking agency for self-employed Independent Workers. Our contract with you is limited to provision of use of our Website and booking platform.


Please note that we simply provide the platform that connects users (such as you) with Independent Workers and allows them to be introduced. We do not, ourselves, provide any business services or other services of the type listed on the Site as being provided by Independent Workers and any contract for the provision of those services is between you and the relevant Independent Workers (and not us).


3.2 Your Independent Worker is responsible for providing the Services to you and you have a direct contract between you and the Independent Worker concerning the provision of Services (linked below). This contract does not include us. You and Independent Workers are responsible for any taxes arising as a result of the Services.


3.3 We take reasonable measures to ensure the suitability and quality of the Independent Workers, we review applications, conduct interviews and undertake other checks of Independent Workers, with some of this process reliant on information from or undertaken by third parties. You acknowledge that we do not and cannot guarantee the accurateness or completeness of such checks, whether conducted by us or by third parties.


3.4 You acknowledge that you use Independent Workers at your own risk. You agree to provide a safe working environment for Independent Workers and to take appropriate precautions to supervise Independent Workers.

 

4) BOOKING SERVICES

4.1 Our platform makes it easy for you to book business services quickly.


DigiWorks' role


DigiWorks provides a booking and purchase service (the “Booking Services”) via our Booking Platforms. The Booking Services allow you to book and pay for business services that are performed in each and every case by independent self-employed professionals (the Independent Workers).


All business Services available for purchase on our Booking Platform are offered by DigiWorks on behalf of its Independent Workers. That is, DigiWorks takes and concludes your bookings as a commercial agent for the Independent Workers. Therefore, we are not responsible or liable to you for the actual business Services that are booked through our Booking Platform. DigiWorks is simply involved with the booking and / or purchase process.


All payments and transactions must go through DigiWorks' platform, or there will be a penalty of three months' payments due and the services will immediately be cancelled as a result of breach of this.


5) PAYMENT

5.1 When you first request the services of an Independent Worker, the platform will direct you to provide us with valid credit or debit card payment details to pay for the services you request through DigiWorks. We will store your card details for such purpose and you agree that we may undertake authorisation checks on that card (including when you use DigiWorks to request the services of an Independent Worker).


The amount you will pay will comprise: (i) a fee due to the Independent Worker based on the duration of the visit(s) (i.e. the number of hours worked); and (ii) a service fee due to us as stated on an invoice (which you can request through hello@teamdigiworks.com) (or part thereof) worked by the Independent Worker and (iii) Any additional extra services which you have selected during the booking process. We will issue you with a single receipt for the total amount paid by you in respect of each booking. There will be a subscription paid every 2 weeks until notice.

 

If any amount due from you remains unpaid, we reserve the right: (i) to charge reasonable administration costs; (ii) to charge interest (both before and after judgment) on the outstanding amount at the rate applicable to judgment debts under the Late Payment of Commercial Debts (Interest) Act 1998; (iii) to arrange for any further bookings made by you to be suspended; and/or (iv) to take such other action as we deem appropriate, including, without limitation, immediate, temporary or permanent withdrawal of your right to use DigiWorks.

 

The price of any Services will be the amount shown on the booking platform, except in cases of obvious error.


5.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation email.


5.3 Every effort has been made on this Website to ensure that making a Booking is secure. We cannot be responsible for fraudulent use on our Website of a lost payment card.


5.4 You must maintain a valid payment card with us. There is a hold payment taken when you book. You must inform us immediately if your payment card details are no longer valid.

 

6) BOOKING CANCELLATION BY US


6.1 If you violate any of the Terms, your permission to use the Services and Website will automatically terminate.

6.2 We reserve the right to cancel any Booking without notice or cause.

 

7) BOOKING CANCELLATION BY YOU


7.1 You may cancel your subscription with 14 days notice. Your cancellation will only be valid when a member of the DigiWorks team has confirmed your cancellation in writing.


8) INSURANCE

Since Independent Workers work on an independent basis (self-employed individuals), we are unable to intervene directly. It is up to you on whether further steps are taken in order to assert the right to compensation from the Independent Worker. 


9) VAT


The Independent Worker has full responsibility for accounting for any VAT on the total value of the Professional business Services they provide, and many Independent Workers are not VAT registered. We do not charge you VAT on the Professional Services as they are provided by the Independent Worker, not by us. We can on request provide you with a VAT invoice for the Booking Services we provide. You will need to contact the Independent Worker directly to obtain a VAT invoice from them. 

 

10) PRIVACY

We process information about you in accordance with our Privacy Policy. By using our booking services, you consent to such processing and you warrant that all data provided by you is accurate.


11) LIABILITY

11.1 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Services you purchased in the previous three transactions.


11.2 This limitation does not include or limit in any way our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.


11.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited: to loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; or, waste of management or office time however arising and whether caused by by tort (including negligence), breach of contract or otherwise.


11.4 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your Booking and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

 

12) EVENTS OUTSIDE OUR CONTROL


12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).


12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock outs or other industrial action; civil commotion; riot; invasion; terrorist attack or threat of terrorist attack; war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; acts, decrees, legislation, regulations or restrictions of any government.


12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.


13) GENERAL


13.1 Intellectual property and right to use

13.1.1 Unless otherwise stated, the copyright and other intellectual property rights in the content on the Website are owned by us or our licensors. Any access or use of the Website for any reason other than your personal, non-commercial use is prohibited.


13.2 Compliance with laws

The Booking Form may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.


13.3 Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.


13.4 Notices

All notices given by you to us must be given to DigiWorks Ltd by email. We may give notice to you at either the email or postal address you provide to us when making a Booking, or as specified above. Notice will be deemed received and properly served immediately when an email is sent to the correct address at hello@teamdigiworks.com with the appropriate information and subject line to enable us to understand the situation.


13.5 Transfer of rights and obligations


13.5.1 The contract between you and us is binding on you and us and on our respective successors and assigns.


13.5.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.


13.5.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.


13.6 Severance

If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms.


13.7 Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.


13.8 Entire Agreement

These Terms and any document expressly referred to in them constitute the entire agreement between us with respect to the subject matter of any contract and supersedes any previous communications or agreements between us.


13.9 Our Right to Vary these Terms

We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you book Services from us. Please regularly check on our Website for new versions.


13.10 Law

These Terms and the Contracts shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. Any dispute or claim arising out of or in connection with the Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.



13.11 Contact Information

We can be contacted by email at hello@teamdigiworks.com.