Terms and Conditions

1. 1. INFORMATION ABOUT US

1.1	www.tradedoctor.co.uk is a site operated by TradeDoctor Limited (We or TradeDoctor). We are registered in England and Wales under company number 06603323 and with our registered office and trading address at Unit 36, 88-90 Hatton Garden, Holborn, London EC1 8PN . Our VAT number is 975 5564 69. Our contact details our as follows:
	email : admin@tradedoctor.co.uk Telephone : 0203 086 8512 Fax : 0207 681 3584
1.2	We operate in conjunction with AJA Registrars who are a TrustMark Scheme Operator incorporating the TrustMark Principles of Operation and TrustMark Codes of Practice.

2. 2. SERVICE AVAILABILITY
Our site and our Services are only intended for use by people resident in the United Kingdom. We do not generally hold the details of Traders (as defined below see para 5.1) from outside the UK or undertake projects which are outside the UK.
3. 3. YOUR STATUS
By using our site or any of the Services, you confirm that:

(a)	You are legally capable of entering into binding contracts; and
(b)	You are at least 18 years old;
(c)	You are resident in the UK

4. 4. HOW TO USE THE SITE

4.1	You must read the "Planning Your Job" section of the Site and submit a description of your job in accordance with the procedure outlined in that section (the "Work" or "Job")). These details must include:
	4.1.1	Detailed dimensions of all relevant rooms, planned extensions and refurbishments that are to be carried out together with any required or specific materials to be used in connection with the Work; and
	4.1.2	A detailed description of the Work together with any available plans or drawings. Plans and drawings should be submitted wherever possible; and
	4.1.3	The address and a description (including the age) of the relevant property; and
	4.1.4	If planning permission has been applied for or obtained; and
	4.1.5	The dates you wish the Work to start and finish; and
	4.1.6	Any other relevant matter or factor that will or may have a material bearing on the completion of the Work.
4.2	In the event you omit any of the above, a contractor (a "Trader" as defined in 5. below) shall be entitled to revise or alter its Bid for the Work and resubmit this to you at any time for your revised consideration.

5. 5. TRADEDOCTOR TRADERS

5.1	The building contractors, traders or tradesmen (a Trader) are all Trustmark approved. Please see www.trustmark.gov.ukk for details but the principal benefits include
	5.1.1	A Trader’s technical skills have been independently checked through regular on-site inspections, as well as checks on their trading record and financial status;
	5.1.2	Traders have signed up to a code of practice that includes insurance, good health and safety practices and customer care;
	5.1.3	The approved scheme operator has checked and will continue to monitor the Trader’s quality of work, trading practices and customer satisfaction;
	5.1.4	Traders are able to offer an insurance backed warranty;
	5.1.5	Deposit protection insurance is available for consumers in the event a Trader should cease trading;
	5.1.6	Traders will be able to tell you about any building regulations you must comply with and may also be able to provide appropriate certificates;
	5.1.7	If you have a problem or disagreement with the Trader, there will be a clear and user–friendly complaints procedure to help resolve the issue;
	5.1.8	The TrustMark scheme is fully supported by Government, the building industry and consumer protection groups;
	5.1.9	If a Trader displays the TrustMark logo you know that it has been approved and inspected through one of the scheme operators which has found that the Trader meets the required Government endorsed criteria as described above.
5.2	When employing a TrustMark tradesman it is your responsibility to always check they are ‘licensed’ for all the trades/work you are asking them to carry out. This can be done by looking on the www.trustmark.gov.uk website and searching under the ‘trade’ then ‘their company name’ and finally ‘more information’ – you will then see a list of the ‘only’ trades that the Trader is licensed for under the protection and standards offered by TrustMark. Tradedoctor does not give or make any warranty or representation as to the suitability of any Trader for any particular job and you are required to carry out all such checks for yourself.
5.3	We may also provide links on our site to the websites of Traders or other companies, whether affiliated with us or not. We cannot give any undertaking, that the services provided by that third party, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your legal or statutory rights against the third party.

6. 6. THE BID PROCEDURE

6.1	In the event you intend to submit a specification of your Work to Traders using the Site, you are required to register with the Site and provide all of the requested information and contact details. These details will be treated in accordance with the Data Protection Act 1998 and in accordance with our Privacy Policy [link].
6.2	After registering with the Site, you are required to log–in using your designated username and password. Once logged in, you are required to fill in the specification of the Work in accordance with the procedure outlined in paragraph 4.1 above and the "Plan a Job" section of the Site. The more details you provide about the Work, the more accurately Traders can Bid their price and time estimates (a Bid). You are also required to state the time period (between 1 and 28 days) that the Job will be available for Bid. You are required to select if Bids for the Work shall be by way of "Private Bid" when the details of each Bid can only be viewed by you, or "Open Bid" when the details of each Bid can be inspected by any Trader.
6.3	All Traders registered with TradeDoctor will now be able to view the specifications of your Job. However, your contact details will not be made available at this stage. Interested Traders may ask you further questions using the Site, to clarify details of the Work.
6.4	Quotations and Bids are given by Traders on the basis that no contract shall come into existence until executed in writing. All Bids are not legally binding until a written agreement has been concluded. A Trader may withdraw or alter its Bid at any time until that point.
6.5	After the time period has expired for the submission of Bids, you select (using the site) which (if any) Trader you prefer (the "Preferred Trader"). You are at liberty to correspond directly with the Preferred Trader for further clarification of any issues raised in their Bid. Your contact details will now be released to the Preferred Trader who will arrange a site inspection at your property to enable a final assessment to be made.
6.6	After the site inspection, the Preferred Trader will submit to you a detailed work overview and milestone schedule using the Site‘s on–line form service and creates a written contract relating to the Work ("Contract"). The Preferred Trader first submits the Contract to TradeDoctor. If TradeDoctor approves the Contract, it is then sent to you using the Site’s on-line service. You may accept or decline the Contract using the Site’s on–line facility. In the event you reject the contract, no further action is required from you, although you are free to contact the relevant Trader to ask for changes to the contract which will then be resubmitted to TradeDoctor and you as outlined above.
6.7	Please note that the TradeDoctor on-line service will automatically generate the following dates for incorporation into the Contract:
	6.7.1	The "Defect Date": this is the date by which all defects reported by the Customer are to be cured and put right by the Trader. The Defect Date will be automatically stipulated by the Site as 28 days from the date the Work is due to be finished by the Trader.
	6.7.2	The "Completion Date" this is the final date for the last Contract payment (30% of the contract price) and is automatically generated by the Site as being Defects Date plus the number of days the Job was scheduled to take subject to a maximum of 21 days. By way of example if a Job is scheduled to take 14 days and finish 1 March, the Defects Date is 28 days after the 1st March (29 March) and the Completion Date 14 days after 29 March (12 April). If the Job had been scheduled to take three months and finish on the 1 March the Defects Date will still be 29 March but the Completion Date will be 19 April.
6.8	Before accepting a Contract, you must decide if you wish to manage the contract payments yourself without the involvement of TradeDoctor ("Opting Out"); or request TradeDoctor to manage the contract payments ("Opting In"). In the event you elect Opting–In, you must inform TradeDoctor, which will provide you with the appropriate Opting In Contract for your acceptance. The TradeDoctor guidelines for Contract payments are as follows. These are ultimately to be agreed between yourself and the Trader but will be automatically generated by the Site and incorporated into an "Opting In" Contract, unless you agree otherwise:
	6.8.1	Projects under 2 weeks
		75% of project Fees paid minimum of 3 days advance of Work start date
		Remaining 25% to be paid (total 100% of project fees) on the Completion Date
	6.8.2	Projects over 2 weeks
		TradeDoctor to be Paid
		25% of project fee paid minimum of 3 days advance of start date
		Additional 25% of project fee to be paid (total 50% of project fee paid) on completion of milestone 1 or 25% project duration
		Additional 25% of project fee to be paid (total 75% of project fee paid) on completion of milestone 2 or 50% project duration)
		Additional 25% of project fee to be paid ( total 100% of project fee paid) on completion of milestone 3 or 75% project duration)
		Trader to be paid
		Insurance check passed Total Payments Insurance check failed Total Payments Additional 15% 15% No payment 0 Additional 15% 30% Additional 30% 30% Additional 15% 45% Additional 15% 45% Additional 15% 60% Additional 15% 60% Additional 10% 70% Additional 10% 70% Additional 30% 100% Additional 30% 100%
6.9	IN THE EVENT YOU ACCEPT A CONTRACT, THE CONTRACT SHALL IMMEDIATELY BECOME LEGALLY BINDING SUBJECT TO YOUR RIGHT OF CANCELLATION IN 7.2.10 BELOW AND NOTICE WILL BE SENT TO THE RELEVANT TRADER OF YOUR ACCEPTANCE.

7. 7. OPTING OUT AND OPTING IN

7.1	If you select to "Opt-Out" as outlined in paragraph 6.8 above, you may execute the Contract provided by the Trader and TradeDoctor will take no further part in your Work and you will manage the administration of the Work and your relationship with the Trader. There is no obligation to incorporate the Defect Date or the Completion Date into the Contract and all dates will be agreed between yourself and the Trader.
7.2	In the event you "Opt-In" as set out in paragraph 6.7 above, the following procedure will apply:
	7.2.1	You may be required to provide TradeDoctor with suitable personal identification in the form of a copy of your passport and/or driving licence together with a copy of a recent utility bill (no more than 3 months old) as proof of your address.
	7.2.2	On receipt of your request to Opt-In, TradeDoctor will send you a copy of an Opting In Contract (incorporating the same commercial terms as the Trader’s submitted Contract including the Site generated Defect Dates and Completion Dates) and provide you with its Customer account bank details for its customer account.
	7.2.3	You will then be required to pay the value of the full Contract price (or in milestone instalments) into TradeDoctor’s Customer Account in accordance with the Contract. If you elect to pay in milestone instalments, you are required to pay the relevant milestone payment to TradeDoctor’s Customer Account (as defined in 7.2.4) at least 7 days in advance of the payment due date.
	7.2.4	TradeDoctor’s Customer Account is a separate Trade Doctor client’s account used only for making payments to Traders. We will hold your money in TradeDoctor’s Customer Account as stakeholder, which is explained below in 7.2.5 and 7.2.6.
	7.2.5	ONCE YOU HAVE PAID THE MONEY TO US, IT WILL ONLY BE RELEASED IN ACCORDANCE WITH PARAGRAPH 7.2.6 AND 7.2.7 BELOW. YOU WILL NOT NORMALLY BE ABLE, HOWEVER, TO GET THE MONEY BACK ON REQUEST AS IT WILL BE HELD BY US AS A STAKEHOLDER I.E. AS AN INTERMEDIARY AND AS SECURITY FOR THE TRADER. IT WILL ONLY BE RETURNED TO YOU: (i) IF YOU CANCEL THE CONTRACT AND/OR THE OPT-IN CHOICE IN ACCORDANCE WITH 10.2.9; (ii) IF YOU AND THE TRADER BOTH AGREE THAT THE MONEY SHOULD BE RETURNED TO YOU AND CONFIRM THIS TO OUR SATISFACTION; (iii) IF AJA ARBITRATORS RULE THAT THE MONEY SHOULD BE RETURNED TO YOU BECAUSE IT IS NOT DUE TO THE TRADER; OR (iv) IF WE ARE REQUIRED BY LAW TO RETURN THE MONEY TO YOU.
	7.2.6	UNDER NO CIRCUMSTANCES WILL YOUR MONEY BE RELEASED TO ANY TRADER OR OTHER THIRD PARTY WITHOUT YOUR APPROVAL, UNLESS (i) AJA ARBITRATORS RULE THAT SUCH A PAYMENT SHOULD BE MADE TO THE TRADER UNDER THE DISPUTE RESOLUTION PROCESS (ii) WE ARE OTHERWISE OBLIGED BY LAW TO RELEASE YOUR MONEY.
	7.2.7	We will contact the relevant Trader to inform them that the money has been received and confirm when the Work will start.
	7.2.8	On completion of each milestone under the Contract, the Trader will notify TradeDoctor that the relevant milestone has been completed and submit an Invoice (made out to you) for the relevant payment.
	7.2.9	We will forward you the invoice and contact you (by email) to confirm if it is correct and if you authorise the milestone payment. On receipt of your confirmation and approval we will release the relevant funds to the Trader in settlement of the Invoice. This process will be repeated until the Work has been completed to your satisfaction.
	7.2.10	You may within 14 days of signing a Contract, change your payment choice from Opt–In to Opt–Out, in which event a new contract shall be concluded which will not involve Trade Doctor in managing the contractual payments. If the Trader does not agree to this, then you may cancel the Contract without penalty provided the Work has not commenced with your agreement in this period. You may also cancel any Contract within 14 days of signing it, provided the Work has not started with your agreement in this period. You may exercise any of these rights by giving us written notice by e–mail, post, fax, post or otherwise in writing to the address etc given in 1.1.
	7.2.11	In the event, you are not happy with the Work or do not approve the relevant milestone, you are required to set out your reasons in an email to TradeDoctor. Only with your consent, TradeDoctor will refer the matter to the Trader’s own complaints procedures. If no resolution is reached, you may refer the matter to TradeDoctor who will attempt to resolve the dispute. If a site visit is considered necessary to effect resolution, a charge of £ 75.00 shall be made to each party, payable in advance. You may decline this avenue of dispute resolution if you do not wish to pay this charge. If you do wish to pursue this avenue of dispute resolution, a TradeDoctor technical assessor will prepare a technical report and provide both parties with a copy. If the complaint still remains unresolved either party may refer the matter for adjudication/conciliation/arbitration with AJA Arbitrators with whom TradeDoctor has an agreement. The cost of this process is to be met by both parties in the dispute. The parties agree that in the event the matter is referred to AJA arbitrators, their decision shall be final. There is no obligation to refer the matter to arbitration and you may issue legal proceedings as an alternative process.
	7.2.12	We shall not charge you for the Opt–In service. We may, however, retain interest on the Customer account and will make charges to Traders. In connection with payments, we will communicate with you by e–mail, by telephone, or otherwise as referred to in these Terms and Conditions. We will only communicate with you in English, which is the language of these terms and conditions. We will provide you, at your request, a copy of these terms and conditions, the Contract with the Trader and any information on any payments which you may request.

8. 8. TRADEDOCTOR’S OBLIGATIONS

8.1	TradeDoctor shall use reasonable endeavours to administer your Contract in an efficient manner but will not be responsible or liable for any delays caused by the Trader or yourself.

9. 9. YOUR OBLIGATIONS

9.1	You are required to:
	(a)	Co–operate with the Trader in all matters relating to the Work;
	(b)	Provide the Trader in a timely manner with access to the premises the subject of the Works;
	(c)	Provide the Trader, in a timely manner, with all relevant instructions and information about the Work and ensure that it is accurate in all material respects;
	(d)	Respond to TradeDoctor’s request for milestone approval in a timely manner.

10. 10. LIMITATION OF LIABILITY – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION

10.1	TradeDoctor gives no warranty and makes no representation as to the suitability of the relevant Trader for the Work, save that they are Trustmark approved.
10.2	If TradeDoctor is in breach of the arrangements under this Agreement, it shall not be liable to the other for any losses that the other party suffers as a result, except those losses which are a foreseeable consequence of the breach.
10.3	WE DO NOT GUARANTEE THAT (i) THE WEB SITE OR ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR (ii) THAT THE WEB-SITE AND/OR ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR–FREE.
10.4	ALTHOUGH WE ASSESS ALL TRADERS THAT REGISTER WITH THE SITE, WE DO NOT GUARANTEE THE PERFORMANCE OF ANY TRADER AND YOU ARE RESPONSIBLE FOR MAKING THE NECESSARY CHECKS AND TAKING ADEQUATE PRECAUTIONS TO ENSURE THE SUITABILITY AND COMPETENCE OF THE TRADER(S) YOU USE. TRADEDOCTOR’S SERVICE IS NOT OFFERED OR PROVIDED WITH ANY ASSURANCE OR GUARANTEE THAT YOUR WORK WILL BE SATISFACTORILY COMPLETED.

11. 11. WAIVER

11.1	If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
11.2	A waiver by us of any default shall not constitute a waiver of any subsequent default.
11.3	No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

12. 12. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

12.1

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. We shall not change the terms of an individual Contact which has been already agreed.

13. 13. COMPLAINTS AND DISPUTES

13.1	Any complaints concerning the Trader will be subject first to the Trader’s own complaints procedures but we will attempt to resolve in accordance with the Dispute Resolution clauses of the Contract and the procedure given above.
13.2	If you have a complaint about TradeDoctor, please contact us by email or letter setting out the details of your complaint. We will respond to you within 14 days from the date of receipt of your email or letter and endeavour to find a resolution to any legitimate complaint.

14. 14. JUSRISDICTION

14.1	These terms and conditions are governed by English law and we both agree to submit to the non-exclusive jurisdiction of the English Courts.
14.2	The establishment of any relations with you before you agree to these terms and conditions will also be subject to English law.