Terms & Conditions of Business
Builder Guide is operated by Holmes Media (UK) Limited. A company registered in England & Wales under number 6873930, Data protection registration number PZ216853X and VAT number 904155646.
Our registered address is:
Holmes Media (UK) Limited
11 The Point
Market Harborough LE16 7QU
You can contact us here or by calling 0800 077 4590
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
You must be at least 18 years of age to use our website. By using our website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
We will not file a copy of these terms and conditions specifically in relation to each user and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that you print and file a copy of these terms and conditions for future reference.
These terms and conditions are provided in the English language only.
(2) Definitions and interpretation
References in these terms and conditions to "we", "us" and "our" are references to Holmes Media (UK) Limited; and references in these terms and conditions to "you" and "your" are references to the individual user of our website and, where the context permits, any company on behalf of which, or person on behalf of whom, the website is being used.
In addition, in these terms and conditions:
- "Charges" means charges payable in respect of Leads accepted by Registered Traders under these terms and conditions;
- “Confidential Information” means any information disclosed by us to a Registered Trader (including without limitation information disclosed via our website) relating to our technology, pricing or payments made under these terms and conditions;
- "Customers" means individuals who request a quotation or quotations via the website;
- "Leads" means information concerning a Customer and a Customer's quotation request that may be purchased by a Registered Trader in accordance with Section 5;
- "Registered Traders" means companies, partnerships and sole traders who have registered with the website in accordance with Section 4;
- “Website Material” means our website and all data, content and materials stored, hosted or displayed on our website; and
- “Your Content” means all material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to us or to our website for whatever purpose (including without limitation listings, images uploaded by Registered Traders, requests for quotations, feedback about Registered Traders and reviews of Registered Traders).
Customers may submit a quotation request to the website by completing and submitting our "get a quote" form on the website.
Information about a quotation request provided via the "get a quote" form may be published on our website; however fields in the "get a quote" form soliciting personal information (such as names, addresses and contact details) will not usually be published on the website. Customers must ensure that no personal information is included in any field of a quotation request that does not solicit personal information.
Customers agree that we may pass their personal details and the details of quotation requests to:
- Registered Traders;
- other relevant service providers not registered with or listed on our website; and
- third party Lead brokers, who themselves may pass those details on to relevant service providers.
We will pass such details on with the aim of obtaining not more than 4 quotations for the Customer. However, we do not guarantee that any quotations will be received which may occur if we are unable to find any suitable Registered Traders to quote.
Customers agree that we may contact them (by telephone and, unless the Customer has opted out, by email) to obtain feedback following the referral of a Lead via the website and future products and service updates from Builder Guide.
(4) Registered Traders
Companies, partnerships and sole traders that:
- are actively trading within the market sector registering for;
- are protected by public liability insurance provided by an established insurance company; and
- have in place the appropriate registrations/certifications (e.g. Gas Safe registration for gas work) to legally complete work quoted for,
may register with our website free-of-charge as Registered Traders. You must not register with our website if you do not meet these criteria.
In order to register, you must complete and submit our "submit a listing" form on the website. When you register with the website, you will be asked to choose a password. You must ensure that your password is kept confidential.
We may disable your password and account access in our sole discretion at any time without notice or explanation.
We will from time to time investigate whether Registered Traders meet the criteria set out above. Registered traders must promptly upon request provide to us evidence that they meet the criteria (such as copies of insurance certificates).
You must not create more than one Registered Trader account on the website.
Your listing will be individually reviewed before publication on our website. We may correct and otherwise edit your listing before publication. Listings must comply with the “acceptable use” and “content rules” provisions below. Without prejudice to our other rights under these terms and conditions, we reserve the right to reject or delete listings that in our reasonable opinion breach these terms and conditions. You must ensure that your listings are complete, accurate, truthful and not misleading. You must also keep your listings up-to-date using our website interface.
A Registered Trader may suspend its listing (and suspend the receipt of Leads) using the website interface. A Registered Trader may permanently delete its listing and registration by sending to us an email request to do so.
Registered Traders agree that we may communicate with them by email, telephone and post.
From time to time we may send to Registered Traders basic information about Leads. We may send such information by email and, unless the Registered Trader opts-out, by SMS. Registered traders acknowledge that we do not guarantee that such information will be supplied, and we may at any time suspend the supply of such information to a Registered Trader. Registered traders may accept and purchase Leads based upon such information, but have no obligation to do so.
Subject to applicable credit limits determined by us in our sole discretion, Registered Traders may accept the Lead using our website interface.
Registered Traders agree that we shall have no obligation to make available to them appropriate, effective and accessible technical means allowing them to identify and correct input errors prior to accepting a Lead or placing any other kind of order on our website.
By accepting a Lead, a Registered Trader agrees to pay the applicable Charges to us within 3 working days following the acceptance of the Lead (or such other period as we have agreed in writing). Payments should be made by credit or debit card on our website. If we do not receive payment within 10 working days we will attempt to debit the relevant amount from any debit or credit cards of the Registered Trader the details of which are stored by our payment services provider. Failure to pay the applicable Charges within the 3 working day period referred to above will adversely affect a Registered Trader's credit limit with the website. Where our payment services provider does not hold current card details, the Registered Trader's listing will be suspended if payment is not received by the due date.
The Charges payable in respect of a Lead are dynamically calculated, and will vary depending upon a number of factors. The applicable Charges will be as stated on our website in respect of a Lead at the time the Lead is accepted. All Charges stated on the website are stated exclusive of VAT (unless stated otherwise). We may vary the factors affecting the calculation of Charges from time to time. However, such variations will not affect Charges for Leads that have already been accepted in accordance with this Section 5.
Details of a purchased Lead will be sent to the Registered Trader by email and shown on screen at time of purchase. For the avoidance of doubt, we will have no obligation under these terms and conditions or otherwise to provide any continuing or ongoing access to the Lead information.
Where a Registered Trader accepts a Lead, the Registered Trader must use all reasonable endeavours to contact the Customer within 3 working days following acceptance.
Lead Rejection & Use of Data
Where a Lead is purchased by a Registered Trader, the Registered Trader may request a credit to the Registered Trader's account (using the website interface) in the following circumstances:
- if the Registered Trader is unable to contact the Customer by phone or email (having made all reasonable efforts to do so using the contact details provided);
- if the Lead is a hoax, fake or fraudulent;
- if the Lead duplicates another Lead previously purchased on our website by the Registered Trader within 60 days of the first lead purchased; or
- if the Lead was inaccurately described prior to purchase in respect of the quote type (e.g. oil boiler instead of gas boiler) or in respect of the work type (e.g. service instead of installation).
- if at the time of Lead acceptance the job had already been awarded to another trader.
We may accept or reject a request for credit in our sole discretion. However, we will usually issue such a credit unless we have reason to believe that the request for a refund is itself fraudulent.
Where a Registered Trader's account with us is in credit, the Registered Trader may request (via our website contact form) that we pay the credit balance to the Registered Trader by way of refund.
Where we have provided a credit or refund on the grounds that the Registered Trader has been unable to contact the Customer, and contact is subsequently established within 60 days of the credit or refund being issued, the Registered Trader must promptly report such contact to us, and either: (i) the relevant credit will be deducted from the Registered Trader's account; or (ii) where the Registered Trader's account is not in sufficient credit, the relevant amount must be re-paid by the Registered Trader within 3 working days of such contact being established.
Where we have provided a credit or refund on the basis of the Lead being inaccurately described prior to purchase in respect of the fuel type or work type, and the Registered Trader nonetheless quotes for the relevant work to the Customer within 60 days of the credit or refund being issued, the Registered Trader must promptly report this to us, and either: (i) the relevant credit will be deducted from the Registered Trader's account; or (ii) where the Registered Trader's account is not in sufficient credit, the relevant amount must be re-paid by the Registered Trader within 3 working days of such contract being entered into.
Registered Traders acknowledge that Leads are sold as potential opportunities to quote. Accordingly, we do not guarantee that the Registered Trader will be able to quote. Nor do we guarantee that any quotation will result in work for the Registered Trader.
Registered Traders must not:
- publish, re-sell or misuse the information (including without limitation personal information) supplied by Customers in relation to any quotation request;
- charge Customers for quotations;
- quote for works the Registered Trader is not legally able to undertake (including without limitation where the Registered Trader does not hold the necessary certifications/accreditations e.g. Gas Safe registration(s) for gas work);
- quote for works the Registered Trader does not have the personnel or resources to undertake within a reasonable time-frame.
Registered Traders must comply with all applicable laws (including without limitation data protection laws and laws relating to gas works and oil works) in connection with the provision of quotations to Customers and the performance of services arising out of such quotations.
Registered Traders agree that we may contact Customers who have been referred to them via the website to obtain feedback about their quotations, performance and service, and may publish such feedback on our website. We believe that genuine constructive reviews, whether positive or negative, adds credibility to all concerned. A negative review handled correctly is an opportunity for you to demonstrate your customer service abilities and will help reassure enquirers that if things do go wrong you'll be there to resolve them.
Our policy for the publication of feedback and what can be done about negative feedback is as follows:
- Feedback will only be published publicly on the website where the Customer has had the work carried out by the Registered Trader. It will not be published if the Customer leaves feedback prior to the work being carried out or does not employ the services of the Registered Trader. All feedback received, regardless of publication status, will be visible in the Dashboard of the Registered Trader.
- Feedback from leads supplied free of charge will not be published regardless of whether the Customer employed the services of the Registered Trader or not. This is due to a high number of attempted fake feedback submissions.
- Feedback received that we believe has been falsified and/or submitted by a Registered Trader to their own account will be removed.
- Negative Feedback may be removed should the review refer to a problem that was outside of the control of the Registered Trader.
- Feedback that is malicious, offensive, libelous or makes defamatory remarks against individuals will be removed.
- All negative feedback must be constructive and provide information about the service delivered and objectively describe what went wrong. Negative feedback that does not meet this criteria will be removed.
- Where a Registered Trader has received negative feedback that in our opinion is objectively written, but does not agree to it, the Registered Trader will have the opportunity to respond publicly in the form of a written response (via our website contact form). The same rules apply to posting a response as they do to posting original feedback. We will not remove genuine, objectively written negative feedback.
- We reserve the right to modify feedback to comply with the above policies.
(6) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website material. Subject to the licence below, all these intellectual property rights are reserved.
You may view pages from the website using a web browser, and download pages from the website for caching purposes only, subject to the restrictions set out below and elsewhere in these terms and conditions.
You may also edit Your Content using any website functionality specifically designed for that purpose.
You must not exploit (whether commercially or otherwise), edit, modify, use, access, copy, transmit, display or re-distribute any Website Material in any way except as set out in above, or as otherwise mandated by applicable law.
You are not permitted in any circumstances to:
- re-publish Website Material (including re-publishing Website Material on another website);
- sell, rent or sub-license Website Material;
- show any Website Material in public;
- re-distribute Website Material; or
- (remove or obscure any proprietary notice associated with the Website Material.
The licence provided for in this Section 6 is non-transferable.
(7) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
Except as expressly permitted by these terms and conditions, you must not use data collected from our website or our directory for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
You must not submit hoax, fake, unlawful, offensive or fraudulent Leads through our website.
(8) Content rules
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate, transmit and distribute Your Content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your Content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Your Content (and its publication on our website) must not:
- be libellous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- infringe any right of confidence, right of privacy, or right under data protection legislation;
- constitute negligent advice or contain any negligent statement;
- constitute an incitement to commit a crime;
- be in contempt of any court, or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be blasphemous;
- be in breach of official secrets legislation;
- be in breach of any contractual obligation owed to any person;
- depict violence in an explicit, graphic or gratuitous manner;
- be pornographic or sexually explicit;
- be untrue, false, inaccurate or misleading;
- consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- constitute spam;
- be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
- cause annoyance, inconvenience or needless anxiety to any person.
Your Content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
You must not submit to our website any content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove from our website or suspend the publication of any material submitted to our website, or stored on our servers, or hosted or published upon our website (including without limitation listings).
Notwithstanding our rights under these terms and conditions in relation to content supplied by users, we do not undertake to monitor such content, or the publication of such content on our website.
(9) Confidential information
Registered Traders agree and undertake:
- that they will keep all Confidential Information strictly confidential and will not disclose any part of it to any other person without the our prior written consent;
- that they will act in good faith at all times in relation to the Confidential Information; and
- that they will use the same degree of care to protect the confidentiality of the Confidential Information as they use to protect their own confidential information of a similar nature, being at least a reasonable degree of care.
Registered Traders may disclose the Confidential Information to their professional advisers, insurers, officers and employees who are bound by a written agreement or professional obligation to protect the confidentiality of the Confidential Information.
This Section imposes no obligations upon you with respect to Confidential Information which:
- is or becomes publicly known through no act or default on the Registered Trader's part; or
- is obtained by the Registered Trader from a third party in circumstances where the Registered Trader has no reason to believe that there has been a breach of a duty of confidence.
The restrictions in this Section do not apply to the extent that any Confidential Information is required to be disclosed by any law or regulation, judicial or governmental request or order, or pursuant to the disclosure requirements relating to the listing of your stock on any recognised stock exchange.
(10) Limited warranties
You acknowledge that much of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
You further acknowledge that:
- we do not confirm the identity of Customers or Registered Traders, check the credit worthiness, suitability or bona fides of Customers or Registered Traders, or otherwise vet Customers or Registered Traders;
- we do not check, audit or monitor the information contained in listings on the website or supplied as part of a quotation request or Lead or quotation;
- we are not party to any contract for the supply of goods and/or services entered into between a Customer and a Registered Trader following a referral made through the website; and
- we are not the agents for any Registered Trader or Customer,
and accordingly we will not be liable to any person, whether acting as Customer or Registered Trader or otherwise, in relation to the offer for supply or supply of goods and/or services; furthermore we are not responsible for the enforcement of any contractual obligations arising out of any contract for the supply of goods and/or services and we will have no obligation to mediate between parties to any such contract.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(11) Limitations and exclusions of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.
You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
(13) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- send you one or more formal warnings;
- temporarily suspend your access to the website;
- permanently prohibit you from accessing the website;
- block computers using your IP address from accessing the website;
- contact your internet services provider and request that they block your access to the website;
- bring court proceedings against you for breach of contract or otherwise;
- delete and/or edit any or all of your directory or website submissions; and/or
- suspend and/or delete your account with the website.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
(14) Discontinuing service
We reserve the right to discontinue our listings and Leads services and/or the publication of our website at any time in our sole discretion with or without notice.
(15) Third party websites
Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
(16) Trade marks
Builder Guide, HOLMES MEDIA and our logos are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(20) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(21) Entire agreement
These terms and conditions constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
(22) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.