These Terms and Conditions apply both to the use of this Site and to the Services we offer through this Site and the Apps associated with it.
By remaining on this Site or using the Services or any of our Apps you are agreeing to abide by these Terms and Conditions. If you do not agree to them, you must leave this Site immediately.
These Terms and Conditions comprise various elements:
- Site Terms
- Licence Terms
- Definitions
- Privacy/Cookie Policy
You are deemed to have read and agreed all elements when using this Site, the Apps or the Services.
This Site, the Apps and the Services are intended only for business users. You may not use this Site if you are a consumer.
SITE TERMS
1. Intellectual Property
1.1 All Content included on this Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is our property or the property of our affiliates. By continuing to use this Site you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
1.2 You agree that we may use any or all of your name, logo and trade mark in a reasonable manner and without charge to promote our business
2. Links to Other Sites
This Site may contain links to other sites. Unless expressly stated, these sites are not under our control or that of our affiliates. We assume no responsibility for the content of such sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to any other site on this Site does not imply our endorsement of the sites themselves or of those in control of them.
3. Links to this Site
If you wish to place a link to this Site on other sites may do so only to the home page of this Site without our prior permission. You may not deep-link without our express written permission.
4. Use of Communications Facilities
4.1 When using any System, you should do so in accordance with the following rules:
- you must not use obscene or vulgar language;
- you must not submit Content that is unlawful or otherwise objectionable.This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- you must not submit Content that is intended to promote or incite violence;
- submissions must be made using the English language;
- the means by which you identify yourself must not violate these terms and conditions or any applicable laws;
- you must not engage in any form of commercial advertising;
- you must not impersonate other people, particularly our employees and representatives or those of our affiliates; and
- you must not use our System for unauthorised mass communication such as “spam” or “junk mail”.
4.2 You acknowledge that we reserve the right to monitor and delete any and all communications made to us or using our System.
4.3 You acknowledge that we may retain copies of any and all communications made using our System.
4.4 You acknowledge that any information you send through our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we have the right to reject such terms and associated information.
5. Data Protection
5.1 All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
5.2 We may use your personal information to:
- provide our Service to you;
- process your payments to us; and
- inform you of new products and services available from us.You may request that we stop sending you this information at any time.
5.3 In certain circumstances (if, for example, you wish to make a purchase on credit), and with your consent, we may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
5.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
6. Legal Rights and Disclaimers
6.1 We make no warranty or representation that this Site will be compatible with all systems, or that it will be secure.
6.2 Whilst every reasonable endeavour has been made to ensure that all information provided on this Site is accurate and up to date, we make no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our Service.
6.3 No part of this Site is intended to constitute advice and the Content of this Site should not be relied upon when making any decisions or taking any action of any kind.
6.4 Whilst we exercise all reasonable skill and care to ensure that the Site is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
7. Availability of the Site and Modifications
7.1 We accept no liability for any disruption or non-availability of this Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.
7.2 We reserve the right to alter, suspend or discontinue any part (or the whole of) this Site including, but not limited to, the Content available. These Terms and Conditions shall continue to apply to any modified version of this Site unless it is expressly stated otherwise.
8. Limitation of Liability
8.1 To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) this Site or the use of or reliance upon any content included on this Site.
8.2 To the fullest extent permissible by law, we exclude all representations, warranties and guarantees (whether express or implied) that may apply to this Site or any content included on this Site.
8.3 We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
8.4 We exercise all reasonable skill and care to ensure that this Site is free from viruses and other malware. Subject to sub-Clause 8.6, we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of this Site (including the downloading of any Content from it) or any other site referred to on this Site.
8.6 Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
8.7 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
9. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
10. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any Third Party. The agreement created by these Terms and Conditions is between you and us.
11. General Matters
11.1 These Terms and Conditions and the Agreement are made under the laws of England and Wales and that is the only jurisdiction which can govern them.
11.2 We and you agree that these Terms and Conditions and the Agreement do not form the basis of any partnership or co-venture.
11.3 These Terms and Conditions and the Agreement supersede any previous agreement between you and us in relation to the matters dealt with in them and represent the entire understanding between you and us.
11.4 Time will not be of the essence in any part of these Terms and Conditions and the Agreement.
11.5 You and we both acknowledge and agree that the Agreement was entered into in reliance on anything said or promised by or to the other which is not in these Terms and Conditions.
11.6 Force Majeure – if something outside our control happens and that prevents us from performing our Services then you accept that we are not liable for the consequences of that failure (this includes such things as strikes, riots, fires, explosions, war, floods and so on). If such an event does happen we will tell you as soon as we are able and resume the Services as soon as we can. If we cannot perform the Services within a reasonable time, we can cancel them and if we do we will refund to you a fair and reasonable proportion of any payment you have made to us.
11.7 If either you or we need to give formal notice to the other it must be done by email to the address that each of us gives to the other from time to time.
11.8 These Terms and Conditions contain the entire understanding between us.
LICENCE TERMS
1. Use of the System
1.1 Payment of the Subscription grants you a non-exclusive licence to use the System for the Subscription Period. You may use the System for commercial purposes only.
1.2 Under such a licence, you agree that:
- you will not systematically copy Content from this Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given our express written permission to do so;
- you will not share your Account with any Third Party; and
- you will not reveal the password you use to access your Account to any third party and that if you breach this provision you will indemnify us, without limit, from and against all liability arising from such breach whether direct or indirect and howsoever caused.
1.3 You will make all communications concerning Jobs offered through the System through the System.
1.4 You agree when using the System and corresponding with other users that you will:
- at all times act in the utmost good faith;
- be honest, truthful and decent in your dealings with them;
- have full authority to undertake or offer the transaction you propose; and
- honour any arrangement you make with such user.
You understand and agree that any breach of this Clause 1.4 may amount to a material breach of the type referred to in sub-clause 4.1.b and thus permit us to terminate this Agreement.
2. Accounts
2.1 In order to access and use the System you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Site you warrant and agree that:
- all information you submit is accurate and truthful;
- you will keep your payment information accurate and up-to-date.
2.2 When choosing your username you will adhere to the terms set out in Clause 4 of the Site terms.
3. Subscriptions and Cancellation
3.1 Until we have confirmed to you by email that we have accepted your Subscription no binding agreement will exist between you and us for the supply of the Services.
3.2 You will be able to access the Services immediately after we have accepted your Subscription.
3.3 You may cancel the Agreement at any time after subscribing, however no refund of the Subscription will be made and you will continue to have access to the System for the remainder of the Subscription Period until that period expires.
4. Termination
4.1 We may forthwith terminate this Agreement by giving written notice to you if:
- any sum you owe us under any of the provisions of the agreement between us is not paid within 28 days of the due date for payment;
- you commit any other material breach of any of the provisions of these Terms and Conditions and, if the breach is capable of remedy, you fail to remedy it within 28 days after being given written notice giving full particulars of the breach and requiring it to be remedied;
- an encumbrancer takes possession, or if you are a company, a receiver is appointed, of any of your property or assets;
- you make any voluntary arrangement with your creditors or, being a company, become subject to an administration order (within the meaning of the Insolvency Act 1986);
- you, being an individual or firm, have a bankruptcy order made against you or, being a company, go into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed upon you under these Terms and Conditions); or
- anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party.
4.2 The right to terminate the agreement between us given by this Clause 4 shall not prejudice any other right or remedy in respect of the breach concerned (if any) or any other breach.
5. Post-Termination Provisions
Upon the termination of this Agreement for any reason you will cease to use the System.
6. Agency and Partnership
These Terms and Conditions and the agreement between us shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in these Terms and Conditions.
7. Problems and Complaints
7.1 If you have a complaint concerning the service we offer through this Site, you agree to let us have full details of that complaint as soon as it has arisen and we will use reasonable endeavours to respond to it as soon as we are able. We do not undertake to accept or rectify all or any issues which you may raise.
7.2 If you have a complaint about another user of our service you must try to resolve such issue direct with that user. If the matter is not resolved to your satisfaction, you may inform us and we will consider whether we should take any action in relation to that complaint.
7.3 If a complaint is made against you and we consider (in our sole discretion) that complaint to be justified and serious enough to justify it, we may terminate the Agreement without notice and without refunding to you any monies which you have paid us.
DEFINITIONS
In these Terms and Conditions, the following terms shall have the following meanings:
We, Us, Our | is Agent Hub Limited, a company registered in England and Wales under Company Number 10076825 and whose registered address is Kemp House, 152-160 City Road, London EC1V 2NX and agenthubltd.com; |
You, Your | are a visitor to this Site and/or any or anyone using our Services; |
Site | is agenthubltd.com; |
Account | means, collectively, the personal information, payment information and credentials used by Users to access paid Content and/or any communications System on the Site; |
Agreement | means the agreement which comes into existence between you and us when you accept these Terms and Conditions; |
App | means any application which provides access to the Services we provide either through this Site or otherwise; |
Content | means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Site; |
Job | means work offered by one User of this Site to another User; |
Services | means, collectively, any online facilities, tools, services or information that we make available through the Site or any App either now or in the future; |
Subscription | means the sum of money paid by a User at annual intervals to keep their Account active and to enable them to access the Services; |
Subscription Period | means the period of 12 months from the date upon which we accept your Subscription; |
System | means any online communications infrastructure that we makeavailable through the Site or an App either now or in the future; |
Third Party | means any person, firm or company which is not you or employed by you under a contract of employment; and |
User | means any Third Party that accesses the Site and is not employed byus or acting in the course of their employment with us. |
PRIVACY POLICY
This Policy applies to our use of any and all Data collected by us in relation to your use of this Site, the App or the System.
Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
Data | means all the information that you submit to us via this Site. This definition, where appropriate, incorporates the definitions provided in the Data Protection Act 1998. |
Cookie | means a small text file placed on your computer by this Site when you visit certain parts of this Site and/or when you use certain features of this Site. |
UK and EU Cookie Law | means the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011. |
User | means you or anyone who uses this Site. |
Scope of this Policy
This Policy applies only to the actions of you and us when using this Site. It does not extend to any websites that can be accessed from this Site including, but not limited to, any links we might provide.
Data Collected
Without limitation, all or any of the following Data may be collected by the Site from time to time:
- name;
- date of birth;
- gender;
- contact information such as email addresses and telephone numbers;
- demographic information such as post code, preferences and interests;
- IP address (automatically collected);
- web browser type and version (automatically collected);
- operating system (automatically collected); and
- a list of URLs starting with a referring site, your activity on this Site, and the site you exit to (automatically collected).
Our Use of Data
We will keep any personal Data you submit for 6 months.
Unless we are obliged or allowed by law, and subject to “Third Party Sites and Services” below, we will not disclose your Data to third parties. This does not include the companies which form part of our group.
All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998.
We use your Data so as to give you the best possible service and experience when using this Site.
Specifically, Data may be used by us for the following reasons:
- internal record keeping;
- improvement of our products/services;
- transmission by email of promotional materials that may be of interest to you;
- contact for market research purposes which may be done using email, telephone, fax or mail; or
- to customise or update this Site.
Third Party Sites and Services
We may, from time to time, use other parties for dealing with matters that may include, but are not limited to, payment processing, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services have access to some of your Data.
Any Data used by such parties is used only to the extent required by them to perform the services that we’ve requested. Any use for other purposes is strictly prohibited.
Any Data that is processed by third parties will be processed within the terms of this Policy and in accordance with the Data Protection Act 1998.
Links to Other Websites
We may, from time to time, provide links to other websites. We have no control over such websites and can’t be responsible for their content. This Policy does not extend to those websites and we suggest that you read the privacy policy or statement on those websites before using them.
Changes of Business Ownership and Control
We may, from time to time, expand or reduce our business and that may mean that the people who control our business change. If we do that your Data will, if relevant, be transferred to the people who then control the business. They will have the same rights and obligations as we have under the terms of this Policy.
If we do transfer Data for this reason we will not tell you in advance.
Controlling Use of Your Data
If we ask for Data from you, you will be given options to restrict our use of that Data. This may include the following:
- use of Data for direct marketing purposes; and
- sharing Data with third parties.
Your Right to Withhold Information
You may access certain areas of this Site without providing any Data at all but to use all features and functions available on this Site you may be required to submit certain Data.
You may restrict your internet browser’s use of Cookies – we suggest that you look at the “Tools” setting for your internet browser. See below under “Cookies” for more information.
Accessing Your Own Data
You have the right to ask for a copy of any of your personal Data which we hold on payment of a small fee which will not exceed £10.
Security
Data security is of great importance to us and to protect your Data we have put in place various physical, electronic and managerial procedures to safeguard and secure Data collected via this Site.
Cookies
This Site may place and access certain Cookies on your computer. These are first party Cookies and we place them via this Site and only we use them. We use Cookies to improve your experience of using this Site and to improve our range of products and/or services. We choose the Cookies we use carefully and have taken steps to make sure that your privacy is always protected and respected.
When using our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than us. We use third party Cookies on our Site for various reasons but these Cookies are not integral to the functioning of our Site. The flowing third party Cookies will be applied but you can always disable them:
- WordPress – we use these cookies to remember your name and email address when you comment on one of our blog posts
- Google Maps – Google uses these cookies to track how their maps are being used
All Cookies used by this Site are used in accordance with current UK and EU Cookie Law.
Certain features of this Site need Cookies for those features to work. UK and EU Cookie Law deems these Cookies to be “strictly necessary”. In those cases, we don’t ask for your consent to place them but you can still block these Cookies by changing your internet browser’s settings as detailed below.
This Site uses analytics services provided by Google and others. “Analytics” is a set of tools used to collect and analyse how this Site is used which then helps us understand the needs of our Users. This, in turn, means that we can improve the Site and the products and/or services offered through it.
You don’t have to let us use these analytic Cookies but when we use them your privacy and safe use of this Site are not at risk.
The analytics service may place Cookies on your device immediately you visit this Site and it may not be possible to obtain your consent before it does. You can remove these Cookies and prevent future use of them by following the steps set out below:
- You can choose to enable or disable Cookies in your internet browser.
- Most internet browsers enable you to choose whether you wish to disable all Cookies or only third party Cookies.
- By default, most internet browsers accept Cookies but this can be changed.For further details, please consult the help menu in your internet browser.
- You can choose to delete Cookies at any time but if you do you may lose any information that enables you to access this Site quickly and efficiently and you may lose your personal settings.
We recommend that you make sure that your internet browser is up-to-date and that if you are not sure about anything you look at the help and guidance provided your internet browser.
Changes to this Policy
We have the right to change this Policy as and when we decide from time to time or as may be required by law. Any changes will be immediately posted on this Site and you are deemed to have accepted the terms of this Policy on your first use of this Site following those changes.