1. Parties, Definitions and Interpretation
In these terms and conditions which are referred to in this document as “these terms” or “Crown Quotes Ltd Terms and Conditions,” “Principal” means the Client who is instructing Crown Quotes and their services. “Agent” means Crown Quotes or Crown Quotes Ltd. “Third Party” means the persons or companies that Crown Quotes shall refer to the Principal so that the Principal can enter into agreements with selected third parties. “Contractor” means any person or company that works within the construction and/or property maintenance industry. “Contract” means any agreement that is enforceable by law. “Work” means the work described in any estimate composed and produced by the Contractor. “quote” means any estimate, valuation or calculation produced by the Contractor. “in writing” includes by email and any document which is set out in a hand held device and any signature on a handheld screen shall be treated as in writing. In these terms words importing the masculine gender also include the neuter and the feminine gender and words importing the singular number include also the plural number, where the context so requires.
2. Terms of Agency
2.1 The Principal hereby appoints the Agent as the non-exclusive Agent for the purpose of finding qualified, vetted and experienced Contractors.
2.2 Subject to Clause 9, these terms become effective once signed and/or acknowledged through email or on the Agents website; these terms shall remain in force indefinitely. If either party wants to terminate this agreement they must do so by giving the other not less than 30 days of notice prior to termination, the termination must be given in writing.
2.3 The Principal does not have to pay the Agent a fee unless the Principal is an employer as stated in Clause 4 of these terms.
2.4 The Principal reserves the right to refuse any job applications, quotes or estimates but; if the Agent so requests, the Principal shall supply the Agent with reasons for such refusal.
2.5 Nothing in these terms or otherwise shall make the Agent an employee of the Principal.
2.6 These terms or any rights, duties and obligations hereunder shall not be assigned or transferred by either party without the prior consent in writing of the other party.
2.7 The Principal, grants authority for the Agent, to act on behalf of and under the control of the Principal to deal with a Third Party. The Principal understands that the actions and words of an Agent exchanged with a Third Party bind the Principal.
3. Agent Services
3.1 Crown Quotes offers construction and property maintenance services. The company has a valued Contractor database containing highly qualified and vetted tradesmen and construction workers.
3.2 The Agent will get the Principal Contractor quotes and estimates.
3.3 The Agent will find and source suitable Contractors for the Principal; the Contractors will have the experience and expertise to carry out the requested Work and/or Work Contract.
3.4 The Agent offers recruitment services for employers who are looking for suitable Contractors to join their companies.
3.5 The Services provided by Crown Quotes are non-exclusive and the Principal understands that Crown Quotes may refer Third Parties in its absolute discretion to any other Clients that have agreements with Crown Quotes.
3.6 Crown Quotes will make introductions on behalf of the Principal to potential Contractors to advertise job offers as well as construction and property maintenance Work opportunities. Crown Quotes will use its professional judgment as to the appropriateness of a particular introduction recognising that some introductions may not be appropriate at a particular time or at any time. Crown Quotes will refer Contractors to the Principal directly giving the Principal the Contractors contact information so that the Principal can start contract negotiations with the selected Contractors.
3.7 Crown Quotes will act as a mediator between Principal and Contractor to ensure both parties are satisfied with each others commitments and agreements.
3.8 The services offered by the Agent are primarily focused on getting the Principal experienced Contractors and Contractor quotes. The Principal gives Crown Quotes permission to act as a mediator and to communicate with Contractors on behalf of the Principal.
3.9 The Principal gives the Agent the permission to send third parties job specifications, job details, construction plans and Work Contract information.
3.10 The Principal instructs the Agent because the Principal needs help and advice on finding suitable Contractors to carry out construction and property maintenance tasks.
4. Fees
4.1 The Agent will not charge the Principal a fee for its services unless the Principal is an employer who is using the Agents services for recruitment purposes and seeks to offer employment Contracts. Private individuals will not be regarded as employers.
4.2 If the Principal is an employer the Principal must pay the Agent a 20% fee. The 20% fee must be subtracted from the referred Contractors total pay. The total pay will either be the total amount paid to the Contractor throughout the duration of the Work Contract or the total annual salary that will be paid to the Contractor.
4.3 The Agents 20% fee must be paid within 7 days starting from the date the employment or Work Contract commences.
4.4 If the Principal is not an employer no fee will be charged to the Principal instead, the Agent will charge the referred and selected Contractor its fees. The Principal understands that the agent has a separate fee agreement with Contractors registered on the Agents database.
4.5 Failure to pay the Agent its fees will lead to legal consequences and possible court proceedings.
5. Duties and Responsibilities of the Agent
5.1 The Agent will act on behalf of and be subject to the control of the Principal and act within the scope of authority or power delegated by the principal.
5.2 The Agent will Promote and market the Principal’s job requests and Work Contracts to self employed and unemployed Contractors.
5.3 The Agent will liaise with third parties for the Principal getting the Principal quotes, estimates and vetted Contractors.
5.4 The Agent will discharge his or her duties with appropriate care and diligence.
5.5 The Agent will avoid conflict between his or her personal interests and those of the Principal’s.
5.6 The Agent is responsible for making sure all Contractors are carefully vetted and qualified. The Agent will verify all Contractors and add only qualified Contractors to its Contractor database.
5.7 The Agent will liaise with third parties for the Principal and will send emails, estimates, schedules of work, proof of work and invoices on behalf of third parties.
5.8 The Agent will remove Contractors from its database immediatley if any Contractor has been incompetent, dishonest, fraudulent and/or carries out work to an unsatisfactory standard.
6. Duties and Responsibilities of the Principal
6.1 The Principal will compensate the Agent as agreed settling all fees due as stated in Clause 4.
6.2 The Principal will indemnify the Agent against claims, liabilities and expenses incurred whilst carrying out duties for the Principal.
6.3 The Principal will notify the Agent about any correspondence or communications between any Third Parties or Contractors whilst the Agent is carrying out duties for the Principal. Communications include electronic communications.
6.4 The Principle will enter into an agreement with the selected referred Contractor who will be the main Contractor responsible for carrying out all Works and/or project managing the Works.
6.5 The Principal is responsible for paying the referred Contractor for the agreed Work on any Work Contract, quote or estimate.
6.6 The Principal understands that the referred Contractor will be the main Contractor and will be liable for all Works even if the Contractor is wearing the Agents logo on uniform for branding purposes.
6.7 The Principal understands that the referred Contractor will be the main Contractor and will be held liable for all Works even if the Agent has its marketing banners and signs on the premises or site where the Works are being carried out.
6.8 The Principal will send the Agent all details about the Work Contract so that the Agent can find suitable Contractors for the Works. If necessary the Principal will send job specifications, employment contracts, job tasks, construction plans and/or any other information about the Work Contract.
6.9 It is the Principal’s responsibility to decide whether or not to enter into an agreement with a Contractor. If the Principal decides to enter into a Contract with a Contractor whether verbal or written; it is the Principal’s own decision and the Contract will be between the Principal and the Contractor. It is understood that Crown Quotes Ltd will not be held liable for any acts or omissions of the chosen Contractor as Crown Quotes is the referral Agent.
6.10 It is the Principal’s responsibility to request all of the referred Contractors personal information. The Agent will collect the Contractors personal information during the verification process and will refer to the Principal, only the relevant information for the Work Contract. if the Principal wants further information for the Contractor, the onus is on the Principal to request such information.
7. Intellectual Property
7.1 It is acknowledged and agreed by the Parties that nothing in these terms shall affect either Party’s ownership of any Intellectual Property Rights which exist as of the Effective Date of or will be generated independent of this Agreement thereafter.
7.2 All intellectual property owned by Crown Quotes including their website, contractor database, logos, copyrights, designs, trade marks, concepts and graphics belong to Crown Quotes or its licensors, advertisers, associated or related entities or affiliates.
8. Data Protection
8.1 The Crown Quotes Ltd privacy policy can be found on their website: www.crownquotes.co.uk. Once these terms have been read, acknowledged and/or signed, it will be deemed that the Principal accepts and agrees with the privacy policy. The Principal has the right to request a copy of the privacy policy and Crown Quotes Ltd are obliged to send the privacy policy to their Clients once requested.
8.2 The Principal gives Crown Quotes Ltd permission to send Third Parties and Contractors its personal information if by sending this information it will help the Principal to find a suitable Contractor for their Work Contract or job tasks. Personal information can include full name, company name, address and/insurance documents.
8.3 Crown Quotes Ltd and the Principal, and either party’s affiliates, and their or their affiliates’ officers, directors, trustees, employees, advisers, agents and other personnel, shall use at least the same care and discretion to prevent disclosure of Confidential Information (as hereinafter defined) of the other party as it uses with similar Confidential Information of its own that it does not desire to disclose, but in no event with less than a reasonable degree of care. Either party may use Confidential Information of the other party in order to carry out its obligations hereunder, but in doing so will only allow dissemination of Confidential Information internally on a need-to-know basis (provided such persons are first informed of the confidential nature of such information and directed to use or disclose it only as permitted herein). If either party must disclose any Confidential Information of the other party as required by law, then that party may make such disclosure after providing the other party with reasonable notice so that the other party may seek protective relief.
8.4 Nothing herein shall be construed as granting either party any property rights, by license or otherwise, to any Confidential Information of the other party, or to any invention or any patent, copyright, trademark, or other intellectual property right of the other party except as specifically provided for in this Agreement. Neither party shall make, have made, use or sell any product or service or other item using, incorporating or derived from any of the other party’s Confidential Information except as provided in this Agreement.
8.5 For purposes of this “Confidential Information” means (1) business, personal or technical information as well as personal or business documents and data (oral, written, electronic or otherwise), including, without limitation, a trade secret (as defined under applicable law), of or about a party provided or made available by such party to the other party that is competitively or commercially valuable to that party and not generally known or readily available by legal means to others, and (2) information regarding the existence, content or status of the business relationship described herein. Confidential Information shall not include information which (i) at the time of disclosure, was published, known publicly, or otherwise in the public domain, (ii) after disclosure, is published, becomes known publicly, or otherwise becomes part of the public domain through no fault of the party receiving the Confidential Information, (iii) prior to the time of disclosure, is known by that receiving party or, after disclosure, is independently developed by that receiving party as evidenced by its written records, (iv) after disclosure, is made available to that receiving party in good faith by a third party who is under no obligation of confidentiality or secrecy to the party disclosing the Confidential Information, or (v) information agreed to be disclosed in accordance with this section.
9. Termination
If either party wants to terminate this agreement they must do so by giving the other not less than 30 days of notice prior to termination, the termination must be given in writing. The Principal must send an email to Crown Quotes expressing the reasons for the termination. Email: info@crownquotes.co.uk. The Principal can also send a letter of termination to address: Centurion House, London Road, Staines, TW18 4AX.
10. Compensation & Indemnity
The Principal shall indemnify Crown Quotes against all actions, suits, claims, demands, losses, charges, costs and expenses which Crown Quotes may suffer or incur in connection with a claim by any third party resulting from a breach of the Principal’s obligations, undertakings, representations and warranties in connection with these terms.
11. Limitation and Exclusion of Liability
11.1 Crown Quotes will not be held liable for any indirect, incidental, consequential, special or exemplary damages (Even if such party has been advised of the possibility of such damages) Such as, but not limited to, loss of revenue or anticipated profits or lost business.
11.2 Crown Quotes is an Agent and Contractor referral company; Crown Quotes will not be considered as the main contractor for any agreed Work or Contract.
11.3 Crown Quotes will not be held liable; if any issues arise whilst carrying out the agreed works all parties have agreed that the Principal and Contractor will need to effectively rectify all issues and problems that have caused any damage, financial loss, death or personal injury resulting from negligence in the course of carrying out the works.
11.4 Crown Quotes Ltd will not be held liable for any contractual agreements made between the referred contractor and the Client. All contract terms and agreements will be between the Client and the chosen contractor.
11.5 Crown Quotes Ltd will not be held liable for any payments the Principal makes to the Contractor. If the Principal makes any direct payments to the Contractor before, during or after the work start date; it is understood that it is the Principal’s choice and decision to pay funds to the Contractor and Crown Quotes will not be held liable for any disputes that arise from payments made to the Contractor.
11.6 Crown Quotes will not be held liable for the acts or omissions of any referred Contractor. If disputes arise between the Customer and the Contractor both parties must seek legal advice.
11.7 Crown Quotes will not be held liable for project managing any project or scheduled work. Once the contractor referral takes place the Customer will deal directly with the Contractor.
11.8 Crown Quotes will not be regarded as a main contractor or project manager even if the Company uses branding and marketing on Works Sites. Branding and marketing methods used can be but is not limited to banners, signs, hoarding and/or uniform.
11.9 Crown will sending emails, estimates, schedules of work, proof of work and invoices on behalf of the Contractor but will not be held liable as the main Contractor or project manager.
11.10 A party’s failure to bring a claim against the other party within one (1) year after the date on which the claiming party becomes aware of the existence of a potential claim, constitutes a waiver of such claim.
12. Force Majeure
Crown Quotes will use all reasonable endeavours to ensure the referred Contractor carries out the Works but Crown Quotes will only act as a mediator and shall not be under any liability to the Principal if it should be either impossible or impracticable to carry out the Works on the agreed dates or at all, by reason of strike, lockout, industrial dispute, act of God or any other event or occurrence beyond Crown Quotes’ control.
13. General
13.1 These Terms and Conditions shall apply to all Contracts for the supply of Services by Crown Quotes to the Principal and shall prevail over any other documentation or communication from the Principal.
13.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by Crown Quotes or their associates.
13.3 The Principal acknowledges that Crown Quotes has not made any representations (other than any expressly stated in the Contract) which have induced it to enter into the Contract and the Contract shall constitute the entire understanding between the Principal and Crown Quotes.
13.4 No modification to the Contract shall be effective unless made by an express written agreement or email exchange between the parties. The signing on behalf of Crown Quotes of any documentation of the Principal’s shall not imply any modification of these terms. Nothing in these terms is intended to confer on any person any right to enforce any term which that person would not have but for The Contracts (Rights of Third Parties) Act 1999. Accordingly, a person who is not a party to this Contract shall have no rights under that Act to enforce any of its terms, but this does not affect any right or remedy of such person which exists or is available apart from that Act.
14. Governing Law and Jurisdiction
These terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arrive out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English Courts.
15. Electronic Communication
15.1 The Principal understands that once entering into an agreement with the Agent the Agent will add the Principal’s email address to the Crown Quotes Marketing Email List.15.2 Crown Quotes may send you emails for sales and marketing opportunities, promotions, reminders and contests. Such emails may include marketing information about Crown Quotes or selected business partners. If you wish to unsubscribe from our Agent marketing email list, You may do so by sending an email to info@crowquotes.co.uk. In addition, each email sent to You via our Agent marketing email list will contain an unsubscribe link so that you can opt-out of that subscription.