These Terms and Conditions cover the rights and responsibilities between:
(i) you, as a UK user, (“Client”);
(ii) the individual providing the services (“Grafter”); (the Client and Grafter are collectively referred to as “You”); and
(iii) GrafterNow Limited, a company incorporated in the United Kingdom under company registration number 10497778 (“GrafterNow”, “We” or “Us”) in respect of any services required by a Client and provided by a Grafter via our website: www.grafternow.com (the “Website”) or our mobile application (the “App”). The Website and App are collectively known as the “GrafterNow Platform”.
These Terms apply to both the Client and the Grafter.
The GrafterNow Platform allows the Client to request, book and pay for a range of on-demand casual, ad hoc or ongoing services (the “Services”) provided by Grafters. These are provided under a separate work agreement between the Client and the Grafter (“Work Agreement”) when managed on the GrafterNow Platform or provided directly to Client by the Grafter under their own arrangements.
By using the GrafterNow Platform to find work or to find people for work, you agree to use the system to make the initial introduction. This is important and facilitates the ongoing provision of the service and is legally binding. Managing the work, including booking the job and making payment for the work / getting paid is optional but the provision of certain benefits and functionality is contingent upon managing the work via the GrafterNow Platform.
If you do not use the GrafterNow Platform appropriately, access to the GrafterNow Platform may be withdrawn at the discretion of GrafterNow. GrafterNow may also consider legal action for breach of these terms and conditions.
Provision of Services, booked by a Client via the GrafterNow Platform, is the sole responsibility of the Grafter who provides such Services. GrafterNow acts only as an introducer and facilitation platform for the booking and payment of such Services and we are in no way responsible or liable to the Client for the actual Services that are performed.
Paying for Services, provided by the Grafter via the GrafterNow Platform, is the sole responsibility of the client to pay for such Services. GrafterNow acts only as an introducer and facilitation platform for the booking and payment of such Services and we are in no way responsible or liable to the Grafter for payment of the Services that are performed.
Use of your personal information submitted to us is governed by our Privacy and Cookies Policy. Additionally, by using the GrafterNow Platform, You acknowledge that internet transmissions are never completely private or secure and that it is always possible that any message or information you send using the GrafterNow Platform may be read or intercepted by others.
We are in no way bound by any promises or claims made either in writing or verbally by a Grafter or Client to the extent that they purport to bind Us to any additional terms not contained herein.
The Client is entirely responsible for taking the necessary precautions to protect both personal safety and property when engaging the services of a Grafter.
Neither the Client nor the Grafter is allowed to:
· republish, redistribute or re-transmit the GrafterNow Platform;
· copy or store the GrafterNow Platform other than for your use as permitted by these Terms and Conditions and as may occur incidentally in the normal course of use of your browser or mobile device;
· store the GrafterNow Platform on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the GrafterNow Platform;
· remove or change any content of the GrafterNow Platform or attempt to circumvent security or interfere with the proper working of the GrafterNow Platform or any servers on which it is hosted;
· use the GrafterNow Platform in a way that might damage GrafterNow’s name or reputation.
2. Clients: Using the Platform to find and manage Grafters
On accessing the GrafterNow Platform, Clients will be asked to create an account by providing their email address, a verified password and basic details about them and/or their organisation. Clients will then be able to access Grafter profiles and set-up a job on the platform which will be promoted to the Grafters. The Clients will be able to view Grafter profiles and use the online messaging ('Chat') service to engage the Grafters without payment.
Subject to payment of an Access Fees, Clients may access the contact details of a Grafter to engage them for work. Clients and Grafters may choose to engage directly off the platform and not use the features available on the GrafterNow platform. Where this is the case GrafterNow is not party to the engagement whatsoever beyond acting as introducer.
Alternatively, the Client can also 'Offer' the work to the Grafter. If the Offer is accepted by the Grafter, this will then be deemed as using the GrafterNow platform to manage the engagement. The engagement forms a relationship and the Work Agreement is directly between Client and Grafter, with the Grafter contracted to provide services directly to Client, not via GrafterNow.
If managing work with the GrafterNow Platform, on completion of the Services, the Client may complete payment of the Grafter’s fee (the “Fee”) by submitting the number of days worked. This will be multiplied by the agreed day rate as set out in the job details. The Client will then be able to pay using the payments options integrated into the GrafterNow Platform:
The Client will be requested to use Grafters 'Open Banking' online bank transfer solution to pay the money directly to the Grafter's bank account from the Client's bank account. The money is not handled by GrafterNow Ltd.
The Client will be requested to use the Grafters banking details detailed in their GrafterNow account to pay the money directly to their bank account from the Client's bank account. The money is not handled by GrafterNow Ltd.
The Client and Grafter may decide to continue with the engagement for further work. Future additional payments could be made to the Grafter using the platform as described above.
Once the job is complete, the Client can 'Close' the contract. At this point the Client can leave a review, including a star rating, for the Grafters work. This review is added to the job details on the Grafter's profile on the Platform for other Client's to view.
When a contract is closed, the engagement between Client and the Grafter is concluded and platform services for the engagement will cease. This concludes the transaction between the Client and the Grafter.
If the Client require further Services, the Platform provides the option for the Client to easily re-engage the same Grafter, or to select a different Grafter. This may require further payment of Access Fees. A new Work Agreement will be entered into between the Client and the selected Grafter.
By using GrafterNow to find Grafters, Clients have the option to manage all arrangements and bookings with Grafters securely through the GrafterNow Platform with Fees paid to a Grafter using GrafterNow's payment system. Non payment of Grafters may result in your access to the GrafterNow platform being terminated.
3. Access Fees
Client's will be charged a small access fee for use of the GrafterNow Platform.
There are four different Access Package options. A ‘pay as you go’ option, and three monthly subscription options. You will pay a single payment for ‘pay as you go’ or a recurring monthly fee for a subscription packages, pricing and the access provided for each package is set out on the GrafterNow Platform and may change from time to time.
‘Pay as you go’ provides you with limited access as specified on the website for a period of one month following payment. Unless you sign up to a subscription package all credits will lapse and you will lose the ability to manage worker payments, access your past jobs, worker and financial transaction information.
You can upgrade from ‘Pay as you go’ to a subscription package at any time. You will loose your ‘Pay as you go’ access allowances immediately as they will be replaced with the new Subscription package allowances at the point your upgrade.
For subscriptions packages, your chosen method of payment will be charged on the same day of each subsequence month that you sign-up unless we tell you otherwise. You will get access to the relevant service straight away.
You can cancel your subscription at any time. If you cancel your subscription it will not be refunded. You will continue to have access to the service until the end of the period in which your cancelled. You will not be charged again on the next payment date and your subscription will not renew. You can re-activate your monthly subscription on your account at a later point.
To unsubscribe, follow the instructions shown in your 'My Account' page on the GrafterNow service. Once your access closes, at the end of the period in which you unsubscribe, you won't be able to continue managing or paying Grafters using the GrafterNow platform and will loose access to job, worker and payment history services on the platform.
If you unsubscribe you can always re-activate it at a later date.
4. Refund Policy
You have the right to cancel your purchase of an access package, and receive a full refund without giving any reason, any time up to 14 days (“cooling off period”) from the date of purchase; except where you have used the access package. For example:
You have accessed a Grafter's contact details.
You have made a job offer to a Grafter.
You have used any Contact or Hire credits.
You have paid someone using the service.
GrafterNow may consider a refund for the Access Fees charged after reviewing the specifics of the case. However, GrafterNow are unable to refund any Grafter fees as these are paid from the Client to the Grafter either directly or using our 3rd party payment partner. Therefore, refunds for payment to Grafters should be sought directly from the Grafter themselves.
These cancellation rights do not affect your legal rights. If you require any advice on your legal rights, you can refer to www.adviceguide.org.uk.
5. Changes to the Service
From time to time we might make changes to our service. We'll try not to make changes without notifying you in advance, and we won't make changes that materially disadvantage you during a usage month which you've already paid for (unless it's for reasons beyond our control).
Any changes to the price and access provided for each Access Package may vary from time to time at GrafterNow's discretion. Advance notice of any changes, a minimum of one week, will be provided by email and will come into effect for your account at the next payment and renewal point. Clients can unsubscribe or downgrade prior to this point if they don't accept the change to their current package.
If you don't stop your monthly membership subscription after we've notified you and before the change takes place, and you continue to use the service, we'll take that as your acceptance of the amended service.
6. Our right to cancel
We can cancel our agreement with you (or any part of it) at any time. If we cancel your agreement with us (or any part of it) after you’ve paid an access payment to use the subscription part of the service, you’ll have access to the part of the service to which the subscription payment relates for the remainder of your usage month/period, but your subscription won’t automatically be renewed. If we cancel your agreement with us (or any part of it) after you have purchased content by way of a ‘pay as you go’ payment, we may, at our sole discretion either: allow you to activate your access entitlement in accordance with the other provisions of this agreement or cancel the relevant access entitlement and issue you with a full refund.
In any event, we may immediately suspend or restrict your use of all or any part of the services without refunding or compensating you and will immediately suspend or restrict your access to any part of the service to which a subscription payment you have made relates if:
a)You fail to make a payment You owe us or if your payment method fails;
c) We suspect or believe that You've committed or may be committing any fraudulent activity against us or against any other person or organisation through your or their use of the service;
d)You have acted towards our staff or agents in a way which we reasonably consider to be inappropriate or unacceptable and sufficiently serious to justify restricting or ending your use of our service; or
e) It's not reasonably avoidable due to technical or operational reasons which are beyond our reasonable control.
7. Terms applicable specifically to Grafters
A Grafter will be required to create an account on the GrafterNow Platform before being able to create a profile. This profile includes details of the Grafter’s skills and experience. It also includes a list of services / work types that the Grafter is prepared to fulfil.
The Grafter's profiles will be used to promote the Grafter to Clients for potential work opportunities. This includes using Grafter profiles on the marketing website to promote the GrafterNow Platform and the Grafters to potential Clients.
In accepting these Terms the Grafter represents and warrants on an ongoing basis that you are: (i) over the age of 18 years; (ii) entitled to work in the United Kingdom; (iii) do not have any criminal convictions; and (iv) are not registered for the purpose of VAT.
We are under no obligation to provide the Grafter with a minimum number of requests for Services, however, from time to time We may connect the Grafter with Clients who require Services and the Grafter will be entitled to express an interest in carrying out such Services for the Fee shown on the Client’s request. If selected by the Client to perform the Services, the Grafter will be required to enter into a separate Work Agreement directly with the Client before the commencement of the Services.
If the Client elects to manage payment via the GrafterNow Platform, once We have been notified via the GrafterNow Platform that the Services have been completed to the Client’s satisfaction we shall arrange payment to the Grafter to the bank account given during the set up of the Grafter’s account. The timing of payment will be determined by the processing of our payment partner and the Grafter’s bank.
Once the job is complete, the Client can leave a review, including a star rating, for the Grafters work. This review is added to the job details on the Grafter's profile on the Platform for other Client's to view. Reviews will only be removed from a Grafter's profiles in certain circumstances (such as when content is hateful, obscene, offensive, profane, racist, sexual, defamatory, violent or discriminating) at the sole discretion of the GrafterNow team.
The Grafter will be solely liable to a Client for the Services that are performed. In no way will GrafterNow be liable to either the Client or to the Grafter. The Grafter will also be solely liable for any personal taxation that may apply as a result of you being paid for the Services. Accordingly, the Grafter shall indemnify Us and keep Us indemnified from and against all losses, damages, liabilities, claims, costs and expenses (including reasonable legal costs) which are incurred or suffered by Us out of or in connection with: (i) any breach of the Grafter’s warrants and representations; (ii) the Grafter’s performance of the Services; and (iii) payment for the Services including, but not limited to any income taxes or other taxes, national income, social security or other contributions, VAT, awards, compensation or damages which may apply as a result of being paid for the performance of such Services.
The Grafter acknowledges and confirms that they are an independent self-employed contractor and nothing in these Terms or the Services that the Grafter provides via the GrafterNow Platform is intended to, or shall be deemed to establish any relationship of: joint partnership; agency; employer and employee; or worker and hirer between the Grafter and Us under any circumstances.
By using GrafterNow to find work, Grafters agree that all introductions with Clients will be conducted securely through the GrafterNow Platform. A failure to comply with this term may result in your access to the GrafterNow platform being terminated.
Neither Client or GrafterNow are liable for loss incurred by payments being made to the wrong bank account, due to incorrect details being registered by the worker.
8. Limitation of Liability
Nothing in these Terms shall exclude or limit our liability for any other liability that cannot lawfully be excluded or limited.
If You are dissatisfied with the GrafterNow Platform your only remedy under these Terms shall be to discontinue your use of the GrafterNow Platform. Without limiting the preceding sentence, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
Other than as set out in the two paragraphs immediately above, We shall not be liable in contract, tort, negligence, statutory duty, misrepresentation or otherwise for any direct or indirect loss or damage whatsoever arising from or in any way connected with these Terms or your use of the GrafterNow Platform.
Except as expressly set out in these Terms all conditions, warranties and obligations which may be implied or incorporated into these Terms by statute, common law or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law.
We shall not be liable for: (i) loss of revenue; (ii) loss of profit; (iii) loss of anticipated savings; or (iv) any other indirect, economic or consequential loss.
In the event that any limitation or exclusion of liability in these Terms is not enforceable then we shall not be liable to you for more than £500 in aggregate in respect of all matters concerning or arising out of your use of the GrafterNow platform.
Nothing in these Terms creates an obligation for Us to make direct introductions between Client and Grafter and we reserve the right to suspend, restrict or terminate access to the GrafterNow Platform at our sole discretion.
We make no warranty that the GrafterNow Platform will provide an uninterrupted service or be error free or that any defects will be corrected.
We make no warranty as to the quality, suitability or otherwise of the Grafter to provide the Services and are not liable to the Client for any loss or damage You may incur as a result of being connected to a Grafter.
10. Intellectual Property Rights
You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the GrafterNow Platform (the “Intellectual Property”), including the manner in which the Website or the App is presented or appears and all information and documentation relating to both the Website and the App, is our property (or that of our licensors) and remains vested in Us at all times and nothing in these Terms shall be taken to transfer any Intellectual Property to either the Client or Grafter.
11. Data Protection
We shall comply with all applicable data protection legislation and ensure that at all times when We are processing personal data We take all appropriate technical, operational, managerial, physical, organisational measures in accordance with prevailing practices of care, skill, professionalism and diligence to safeguard against unauthorised or unlawful processing of personal data and against any unauthorised or unlawful accidental loss, destruction of, or damage to, personal data and ensure the security of such personal data.
12. External links
The GrafterNow Platform may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
Any notice to be given under these Terms must be in writing and either sent by email, delivered by hand or sent by recorded delivery to (i) in the case of GrafterNow its registered address and (ii) in the case of a Client or Grafter to the primary correspondence address (including email address) given to GrafterNow.
14. Entire Agreement
These Terms constitute the entire agreement between GrafterNow and the Clients and Grafters that use the GrafterNow Platform and replaces any previous agreement or understanding (whether oral or written, express or implied) between us in respect of matters contained or referred to in these Terms. Each of us agrees that, in entering into these Terms, we have not relied on, and have no remedy in respect of, any representation warranty or other provision (whether oral or written, express or implied) of any person, which is not expressly set out in these Terms. The only remedy available in respect of any misrepresentation or untrue statement shall be a claim for breach of contract under these Terms, such claim to be subject to the limitation of liability section above. This paragraph does not operate to limit or exclude any liability arising from any fraudulent or dishonest statement, act or omission.
15. Our Rights
We reserve the right at all times to edit, refuse to post or remove from the GrafterNow Platform any profile, information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body. For the avoidance of doubt we reserve the right to remove any review that We believe in our sole discretion is inappropriate.
We can change or add to these Terms and Conditions at any time for any of the following reasons:
We change, alter, improve or add to any of our service;
We intend to change the way we structure our service;
We change the way we provide our services (for example, we develop new technology to provide you with a better experience);
To help improve the security and operation of our technical infrastructure;
We reorganise the way we structure or run our business;
To introduce new charges where the cost of running our service increases;
For valid legal or regulatory reasons or
To make our Terms and Conditions clearer or easier to understand.
If any of these Terms are held to be illegal or unenforceable for any reasons, such provisions shall be severed and the rest of the Terms shall remain in full force and effect.
You may not assign, transfer or sub-contract any of your rights under these Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in these Terms.
No waiver shall be effective unless in writing and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.
17. Governing Law and Jurisdiction
These Terms shall be subject to the laws of England and Wales and the parties shall submit to the exclusive jurisdiction of the courts of England and Wales.
18. Contacting us
Please submit any questions you have about these terms and conditions or any complaint or concern in relation to the Website or App by email to email@example.com