Terms & Conditions

 

Terms and Conditions for the Supply of Services 

We are delighted that you have decided to use our services or resources. Please note that because you are using our services in relation to your business or profession this is a business to business services agreement. Please read the following important terms and conditions before you commit to using them.

This contract sets out:

  • your legal rights and responsibilities;

  • our legal rights and responsibilities; 

  • certain key information required by law.

The intention is that it will bring clarity to our relationship, protect both of us and provide a good solid foundation for this commercial relationship. Please let us know if there are any clauses that you do not understand or that contradict your understanding of our services.

In this contract:

  • ‘We’, ‘us’ or ‘our’ means That Works For Me Limited; 

  • ‘Plan’ refers to the membership plan you choose and or buy from us;

  • ‘Plan expiry date’ refers to the end date of the duration of the plan you select and or purchase at the time you register and or renew;

  • ‘Platform’ refers to the interactive website found at https://thatworksforme.co.uk/

  • ‘Posts’ refers to any information you put into the system including but not limited to your profile, your business page, roles, projects, applications, quotations, accounting assistant entries and feedback;

  • ‘Service provider(s)’ refers to the external suppliers we refer to in the plan benefits, including but not limited to coaches, insurance and training providers and others we may appoint from time to time

  •  ‘Services’ and ‘Membership’ refers to the paid for and or free features available on the platform and within the plan you select when you join the platform. These include posting roles and appoint other users into them; posting projects and appointing other users into them; applying and acceptance of roles; quoting, accepting and invoicing for projects; use of benefits including but not limited to training, coaching, CV creation, business checklists and legal checklists

  •  ‘You’ or ‘your’ means the person and or business visiting our platform or buying or using our membership; and

If you would like to speak to us about any aspect of this contract, please contact us by e-mail at hello@thatworksforme.co.uk 

BACKGROUND

We provide a flexible working platform on which you can post roles and appoint people into them; post projects which you can appoint freelancers into services to businesses; apply for roles; quote, secure and invoice for projects; use benefits including but not limited to training, coaching, CV creation, business checklists and legal checklists (collectively these are the ‘services’).  Our services are not suitable for domestic tasks or consumers and therefore consumer protection legislation does not apply to this agreement.

We are a limited company with company number 12149655 and with its registered office at 10 Silent Garden Road. Liphook GU30 7GU.

  1. Introduction

    1. If you visit our platform and or sign up for our services you agree to be legally bound by this contract.

    2. If you use any of our free resources (for example blogs, podcasts, workbooks, discovery sessions or any other resources we may offer free of charge from time to time) you also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment. 

    3. When visiting our site and or signing up for membership or using any resources you also agree to be legally bound by:

      1. our website terms of use and privacy policy;

      2. extra terms which may add to, or replace, some of this contract, for example any specific written contract between us; 

      3. specific terms which apply to our services, for example service descriptions which may be set out on the webpage for those services or in email correspondence between us. If you want to see these specific terms, please look at the services description we have sent you in an email or request it from us.

All these documents form part of this contract as though set out in full here.

  1. We may modify this Contract, our privacy policy and our cookies policies from time to time. If we make material changes to it, we will provide you notice through the Messaging area of your Account, or by other means such as email, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

 

  1. Service Eligibility

    1. To be eligible to enter into this contract, you must be at least our “Minimum Age” (meaning 16 years old however, if law requires that you must be older in order for us to lawfully provide the Services to you without parental consent, including using of your personal data. then the Minimum Age is such older age). The Services are not for use by anyone under the age of 16. 

    2. To use the Services, you agree that: 

      1. You are the Minimum Age (described above) or older; and

      2. Your account will be in your real name; and 

      3. You are not already restricted by us from using the Services; and 

      4. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.

 

  1. Your Account

    1. When you join our platform, you open Your Account with us. In doing this, you agree to: 

      1. Choose a secure password and keep your password a secret; and 

      2. Not to share an account with anyone else; and

      3.  Follow our rules and the law; and

      4. Accept responsibility for your account whilst it is open; and

      5. Report any misuse to us via the platform or contact us pages

    2. Your account belongs to you even if Services were purchased by someone other than you. If you are have access to other posts and pages within another Business or Recruiter account, the paying entity has the right to control access to and get reports on your use; however, they do not have rights to your personal account.

 

  1. Ordering our services

    1. Below, we set out how a legally binding contract to buy services between you and us is made:

    2. You register for membership on the site by registering with us then you log and select a plan; and where relevant, click on the payment link. Please read and check your plan features and benefits carefully before selecting it. 

      1. When you log in to the platform and select your plan on our site, we shall acknowledge it within the platform and by email (if you have agreed to receive emails). 

      2. Any quotation given by us or displayed on the platform before you select a plan is not a legally binding offer by us to supply such services.  Any prices set out remain valid for only as long as they are displayed on the platform up to the point of purchase.

      3. When you decide to join our membership, by registering on the platform and selecting a plan, this is when you make a legal offer to buy and use such services from us.

      4. We may contact you to say that we do not accept your order, for example if we do not think our services are right for you, you have selected an inappropriate plan, there has been a mistake in the pricing or description of the services, or circumstances have changed since you registered. 

      5. We shall only accept your order when we receive payment for the plan and or you receive access to Your Account and thereby have access the services. At this point:

        1. a legally binding contract will be in place between you and us; and

        2. Your account is opened; and

        3. You have access to the services within the platform and as set out in the Benefits area of the platform for the duration of time that your plan is in place.

  2. Our Services

  3. The services will be carried out with reasonable care and skill by us.

  4. Where services are to be arranged via our Service Providers  they will be subject to separate terms agreed between you and the service provider, and not to these terms. You accept that we have no liability for services carried out by our Services Providers.

  5. Services and benefits are subject to change at any time but those live at the time you purchased your membership will remain available to you for the duration of that plan up to the point of plan expiry. Beyond plan expiry, we don’t promise to store or keep showing any information and content that you’ve posted.

  6. All services and benefits must be used within the timeframe the plan is purchased for or they will expire at the point of plan expiry. Services and benefits will not be lost if there is continuously a plan in place. 

  7. If the plan does expire, we have no obligation to store, maintain or provide you a copy of any of the content or information you or others provide, except as required by law and as noted in our Privacy policy.

  8. In order to avoid confusion and the possibility of missed or delayed communications, our main forms of communication are limited to the contact us page of our website and contact via the messaging area of the platform.  Although we may respond to other forms of communication, we can only guarantee a timely response to these forms of communication.  

  9. Availability of the platform and our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can make the platform available and restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances.  We shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include internet or server failure or other IT and server problems.

 

  1. Content and other sites

    1. When using our platform you might encounter content or information that may be inaccurate, incomplete, misleading, illegal or offensive. We do not review content and are not responsible for such content. We cannot always prevent misuse of our platform and you agree that we are not responsible for such misuse

    2. You are responsible for deciding if you want to access or use third party apps or sites that link from our platform.

 

  1. Warranties

    1. To the maximum extent permitted by law, we exclude any and all implied warranties in respect of the services, except as expressly set out in this agreement.

 

  1. Licensing

    1. You own the content and information that you post to the platform, and you are only granting us and our service providers the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our platform and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

      1. You can end this license for specific content by deleting such content from the platform, or generally by closing your account, except (a) to the extent you shared it with others and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

      2. We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information

      3. While we may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

      4. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others

    2. You agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (as recorded in the settings area of your account)

    3. By submitting feedback, testimonials, suggestions or other feedback, you agree that we and other users can use and share such feedback for any purpose and on any platform, including social media, without compensation to you.

    4. We reserve the right to limit your use of our platform including the number of posts, applications, quotations and your ability to message other users. 

 

  1. Your responsibilities

    1. You will pay the price for the services as set out in the Benefits area of the platform.

    2. You will provide us promptly with such information and assistance (and ensure that any information is complete and accurate) as we reasonably need to provide the services.

    3. We reserve the right to cancel, suspend or terminate your account if we believe you are misusing our services or are in breach of this agreement or any other law

    4. You agree to:

      1. obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the receipt by you of the services; 

      2. ensure that you have the right to share any posts, information or materials with us, including any Intellectual Property Rights; 

      3. represent yourself, your business and your projects and roles fairly and honestly in your posts offering work and services that are genuinely available; 

      4. comply with the Make It Work commitments detailed within the post pages of the platform;

      5. pay for works completed as agreed between you and our customers; 

      6. maintain the privacy and protection of our customers’ data in accordance with GDPR regulation

    5. You agree not to:

    6. Create a false identity, misrepresent your identity, create an account for anyone other than yourself (a real person), or use or attempt to use another’s account;

    7. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the platform or otherwise copy profiles and other data from the Services;

    8. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);

    9. Copy, use, disclose or distribute any information obtained from the platform, whether directly or through third parties (such as search engines), without our consent;

    10. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));

    11. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;

    12. Violate our intellectual property or other rights, including, without limitation

    13. Post anything that contains software viruses, worms, or any other harmful code;

    14. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the platform or any related technology that is not open source;

    15. Imply or state that you are affiliated with or endorsed by us without our express consent (e.g., representing yourself as one of our coaches or sales representatives);

    16. Rent, lease, loan, trade, sell, resell or otherwise monetize the Services or related data or access to the same, without our consent;

    17. Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without our consent;

    18. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;

    19. Monitor the platform’s availability, performance or functionality for any competitive purpose;

    20. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the platform;

    21. Overlay or otherwise modify the platform or their appearance (such as by inserting elements into the platform or removing, covering, or obscuring an advertisement included on the Services);

    22. Interfere with the operation of, or place an unreasonable load on, the platform (e.g., spam, denial of service attack, viruses, gaming algorithms); 

    23. We reserve the right to remove posts, information and content that we deem untruthful and or misleading. 

    24. If the performance of our obligations under these terms is prevented or delayed by any of your acts or omissions, or those of your agents, subcontractors, consultants or employees, we shall not be liable for any costs or losses incurred by you that arise directly or indirectly from such prevention or delay.

 

  1. Prices and payment 

    1. The price for the services is set out in the plan selection page and the Benefits area of your account. All prices quoted are inclusive of VAT. 

    2. If you buy a plan from us, you agree to pay applicable fees and taxes. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. Failure to pay these fees will result in termination of services. 

    3. We require full payment in advance in order to provide the services.

    4. For some services we may agree to payment by instalments, in which case a supplementary fee will be chargeable.  The benefits area of your account will state if we have agreed to accept payment by instalments. Also;

      1. If we agree to accept payment by instalments and you fail to make any of the instalment payments on the due date then we shall cancel online services until such a time as payment is received, where we will reinstate services as soon as we are reasonably able to. We shall be entitled to charge you any sums reasonably incurred by us in recovering outstanding sums from you including professional and collection agency fees.

      2. If we agree to pay by instalments, your payment method will automatically be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. You do this by cancelling via PayPal or contacting us via our contact page

    5. We shall give you written notice at least 14 days in advance of any increase in our fees. If the increase is not acceptable to you, you may, within 7 days of the date of the notice, terminate this contract by giving written notice to us. In these circumstances the services will cease 14 days after the original notice of the price increase.

    6. At plan expiry, you must select a new plan in order for access to the platform and associated services to continue

    7. If you choose to cancel, delete or remove your payment method from your account then all Services will terminate immediately until such a time as new payment details are input 

    8. We may store and continue billing your payment method (e.g. PayPal details) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy. 

    9. All of your purchases of Services are subject to our refund policy in section 11.

 

  1. Refund Policy

    1. The fees are non-refundable except, where we cancel your account (other than under 16.3 below), you are entitled to a partial refund for services which you have paid for in advance and which you have not used. 

    2. In view of our clear no-refund policy, we do not tolerate any type of chargeback threat or actual chargeback from your credit or debit card company.  In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, without you seeking repayment from us first: you shall be in breach of this contract;  you agree that you will owe us first the sum charged to us by our merchant service provider and secondly a sum based on time spent at £100 per hour in dealing with your breach; and we reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating

  2. Intellectual property

  3. In this agreement, ‘Intellectual Property Rights’ means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

  4. If we provide you with any materials, whether digital or printed, any Intellectual Property Rights in those materials belongs to us and unless we agree otherwise you can only use those materials for your own internal business purposes to obtain the benefit of our services.  You may not use such materials for any other purpose and you may not share them with third parties unless expressly noted within the materials.

  5. We reserve all intellectual property related to the platform. Using our services does not give you ownership of our services, content or information made available via the platform. 

 

  1. Confidential Information

    1. Each party shall keep the confidential information disclosed to it confidential and, except for the purposes of providing the services, or with the other party’s prior written consent, shall not:

      1. use or exploit the confidential information in any way; or

      2. disclose or make available confidential information in whole or in part to any third party.

    2. The obligations in 13.1 will not apply to confidential information which:

    3. has ceased to be confidential through no fault of the other party; 

    4. was already in the possession of the recipient before being disclosed by the other party; 

    5. has been lawfully received from a third party who did not acquire it in confidence; or

    6. is required to be disclosed by law.

    7. Neither of us shall use the other party’s confidential information for any purpose other than to perform our obligations under this contract.

 

  1. Personal Data and Data Processing

    1. In this clause:

      1. ‘Data Protection Legislation’ means as applicable and binding on you and/or us i) in the United Kingdom, the GDPR, and/or any corresponding or equivalent national laws or regulations; (ii) in member states of the European Union: the GDPR, and all relevant member state laws or regulations giving effect to or corresponding with any of them; and (iii) any applicable laws replacing, amending, extending, re-enacting or consolidating any of the above Data Protection Legislation from time to time; 

      2.  ‘Personal Data’, ‘Data Subject’, ‘Data Processor’ and ‘Data Controller’ shall bear the defined meanings allocated to them in Data Protection Legislation; and

      3. ‘Client Personal Data’ shall mean all Personal Data comprised in all documents, information and materials provided by you to us and by us to you relating to the services.

    2. To the extent that we shall process Client Personal Data as your Data Processor, and you shall proves Client Personal Data as our Data Processor, we shall do so in compliance with the obligations placed on us as Data Processor under Data Protection Legislation.

    3. You, and we, shall at all times comply with all Data Protection Legislation in connection with the processing of Client Personal Data. You shall ensure all instructions given by you to us in respect of Client Personal Data shall at all times be in accordance with Data Protection Legislation. You shall indemnify us and keep us indemnified against all losses, claims, damages, liabilities, fines, sanctions, interest, penalties, costs, charges, expenses, compensation paid to Data Subjects, demands and legal and other professional costs arising out of or in connection with any breach by you of your obligations under this clause 8.

    4. We shall:

    5. only process the Client Personal Data in accordance with this contract except where otherwise required by applicable law (and shall inform you of that legal requirement before processing, unless applicable law prevents us doing so); and

    6. if we believe that any instruction received by us from you is likely to infringe the Data Protection Legislation, promptly inform you and be entitled to cease to provide the relevant services until the parties have agreed appropriate amended instructions which are not infringing.

    7. Taking into account the state of technical development and the nature of processing, we shall implement and maintain appropriate technical and organisational measures to protect the Client Personal Data against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or access.

    8. We shall inform you of any addition, replacement or other changes of service providers and other third parties authorised by us to have access to and process Client Personal Data in order to provide the services (“Sub-processors”) and shall provide you with the opportunity to reasonably object to such changes on legitimate grounds. You acknowledge that these Sub-processors are essential to provide the services and that objecting to the use of a Sub-processor may prevent us from providing the services to you. We shall enter into a written agreement with the Sub-processor imposing on the Sub-processor obligations comparable to those imposed on us under this clause, including appropriate data security measures. In case the Sub-processor fails to fulfil its data protection obligations under such written agreement with us, we shall remain liable towards you for the performance of the Sub-processor’s obligations under such agreement. You provide general written authorisation to us to engage Sub-processors as necessary to perform the services.

    9. assist you in ensuring compliance with your obligations pursuant to Articles 32 to 36 of the GDPR (and any similar obligations under applicable Data Protection Legislation) taking into account the nature of the processing and the information available to us; and

    10. taking into account the nature of the processing, assist you (by appropriate technical and organisational measures), insofar as this is possible, for the fulfilment of your obligations to respond to requests for exercising the Data Subjects’ rights under Chapter III of the GDPR (and any similar obligations under applicable Data Protection Legislation) in respect of any Client Personal Data.

    11. We shall (at your cost):

    12. We may transfer Client Personal Data processed under these terms outside the European Economic Area (“EEA”) or Switzerland as necessary to provide the services. If we transfer Client Personal Data to a jurisdiction for which the European Commission has not issued an adequacy decision, we shall ensure that appropriate safeguards have been implemented for the transfer of Client Personal Data in accordance with Data Protection Legislation.

    13. We shall, in accordance with Data Protection Legislation, make available to you such information that is in our possession or control as is necessary to demonstrate our compliance with the obligations placed on us under this clause 14 and to demonstrate compliance with the obligations on each party imposed by Article 28 of the GDPR (and under any Data Protection Legislation equivalent to that Article 28), and allow for and contribute to audits, including inspections, by you for this purpose. Any information obtained by you as a result shall be treated as confidential.

    14. We shall notify you without undue delay and in writing on becoming aware of any security breach in respect of any Client Personal Data.

    15. On the termination of the provision of the services relating to the processing of Client Personal Data, at your cost and the your option, we shall either return all of the Client Personal Data to you or securely dispose of it (and thereafter promptly delete all existing copies of it) except to the extent that any applicable law requires us to store such Client Personal Data.

    16. You shall ensure that: Data subjects are provided with appropriate information regarding the processing of their Client Personal Data, including by means of offering a transparent and easily accessible public privacy notice.

 

  1. Resolving problems

    1. In the unlikely event that there is a problem with the platform or services, please contact us as soon as possible and give us a reasonable opportunity to sort out any problems with you and reach a positive outcome. Please do this ahead of posting details of any problems on social media.

 

  1. End of the contract

    1. At the point of plan expiry, and where no new plan is purchased and or selected, then subject to clause 17.3 below, the services will terminate at the end of that timeframe.

    2. If we provide services to you on an ongoing basis and the relevant statement of services does not specify a timeframe then either you or we may terminate the services by one month’s written notice to each other.

    3. Either you or we may terminate the services and this agreement immediately if:

      1. the other party fails to pay any amount due under this agreement on the due date for payment;

      2. you fail to make payment to another member whose services you have committed to using;

      3. the other party commits any other material breach of this agreement and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so.  The written request must expressly refer to this clause and state that the contract for services and this agreement will be terminated if the breach is not resolved; or

      4. the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.

    4. If this agreement is ended it will not affect our right to receive any money which you owe to us under it and it will not operate to affect any provisions that expressly or by implication survive termination.

 

  1. Limit on our responsibility to you

    1. Nothing in this agreement shall limit or exclude our liability for:

      1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;

      2. fraud or fraudulent misrepresentation; or

      3. any matter in respect of which it would be unlawful for us to exclude or restrict liability.

    2. Subject to clause 17.1:

    3. We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit; loss of sales or business; loss of anticipated savings; loss of or damage to goodwill; loss of use or corruption of software, data or information; or any indirect or consequential loss arising under or in connection with any contract between us; and

    4. 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 our services which gave rise to the loss.

    5. This limitation on liability is an integral part of the commercial bargain between you and us and was a controlling factor in the setting of the fees payable to us under these terms.


 

  1. Disputes

    1. We shall try to resolve any disputes with you quickly and efficiently.

    2. If we cannot resolve a dispute using our internal complaint handling procedure and either of us want to take court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to any contract entered into pursuant to this agreement.

    3. The laws of England and Wales will apply to any contract entered into pursuant to this agreement

 

 

  1. Non-disparagement

    1. If there is a dispute between us, you agree not to publicly or privately make any negative or critical comments about our services, or to communicate with any other individual, company or entity in a way that disparages the services or harms our reputation in any way, including on social media. 

 

  1. General

    1. Amending the agreement.  No variation of this agreement shall be valid or effective unless it is in writing and is agreed to by us.

    2. This is our entire agreement with you. This agreement constitutes the entire agreement between us in relation to your purchase. 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 this agreement and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.