TERMS & CONDITIONS (Trader)
LEGAL NOTICE: Elitetrades.com is owned, operated and made available by Elite Trades Limited whose registered office is at
A & L, Checknet House, 153 East Barnet Road,
New Barnet, Hertfordshire, EN4 8QZ. Company Number 07261124
Vat Registration Number 993 1703 02
1.Application of Conditions of Use.
By using the Services offered by Elite Trades Limited you agree to be bound by the terms and conditions as set out herein. If you do not consent to be bound by these conditions you may not access or use the website or any of the services offered by elitetrades.com whatsoever.
Elitetrades.com may revise this Legal Notice at any time without any notice to you.
2.Governing Law and Jurisdiction.
These Terms & Conditions shall be governed and construed in accordance with English Law. Any dispute arising in connection with them shall be subject to the exclusive jurisdiction of the English Courts.
If any provisions contained herein are held to be illegal or unenforceable by the English Courts any such provision shall be severed and the remainder of the Terms & Conditions shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated as a result.
3.Copyright, trademarks and database rights
Elite Trades Limited owns all intellectual property rights in and to the website (including the database, design, text, graphics and layout) and the software used therein and the names and marks “elitetrades.com” and the Trader agrees not to use or copy the same or any part thereof without elitetrades.com’s( Elite Trades Ltd ) consent. In particular, the Trader acknowledges that elitetrades.com owns all rights, including trademark, servicemark and allied rights in and to the marks.
4.Disclaimer
Although elitetrades.com make every effort to ensure that all information on the website is correct and accurate, it cannot guarantee the accuracy of that information and are not liable for any problems or losses arising from errors in the content whatsoever.
elitetrades.com does/is not act as an agent or contractor and is in no way responsible for any work done.
elitetrades.com only advertises and promotes selected businesses through the website, such business having met certain criteria.
Elitetrades.com reserves the right to reject, remove and/or amend advertisements, text, graphics or any other materials whatsoever submitted for inclusion on the website.
Elitetrades.com does not make any representation or endorsement of the creditworthiness or value of any visitor to the website who may contact and engage a trader as a result of their entry on the website.
Elitetrades.com accepts no liability whatsoever for any transactions which may take place between a trader and any visitor/s to the website and take no responsibility or liability for any loss or damage suffered by a trader or any of its customers or any other person that may arise out of the traders entry on the website, however caused.
By submitting information to elitetrades.com for inclusion on the website, the Trader agrees to indemnify elitetrades.com for any loss or damage whatsoever that it may suffer as a result of any action brought against it as a result of the Trader’s entry on the website, the material contained therein and/or any service or product supplied by the Trader.
Elitetrades.com does not accept any liability whatsoever for any feedback posted on the website from people who engage the Trader through the website or by any other Third Party.
Changes are periodically made to the website and elitetrades.com reserve the right to change, amend, update or to discontinue any or all of its services and the content of the website at its absolute discretion, and without notice.
Nothing in the agreement or these Terms & Conditions is intended to or shall operate to create a partnership or joint venture of any kind between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power.
5.Trader’s Obligations
The Trader warrants that all information provided to elitetrades.com is full and accurate and not misleading, inaccurate or misleading in any way.
It is the Trader’s responsibility to update any information that is provided to elitetrades.com as and when it changes.
The Trader is responsible for any unauthorised use of the information supplied by it to elitetrades.com or for any unauthorised access to the Trader’s account.
The Trader must ensure that it is legally able to tender for a job. In addition, the Trader must ensure that it is legally able to perform the work specified in the job description.
The Trader consents to the processing of its personal data for various legal purposes including those included in the Data Protection Act 1998 where applicable and in accordance with these Terms & Conditions and the Trader consents to elitetraders.com sharing its personal data with third parties.
The Trader agrees to enter into the agreement for a period of twelve (12) months commencing on the date on which the Agreement is entered into. The Agreement will be renewed automatically at the end of the twelve (12) month period and any subsequent period for a subsequent twelve (12) months unless on of the following occurs:
Elitetrades.com terminates the Agreement (as outlined herein)
The Trader provides elitetrades.com with 42 days written notice of its wish not to renew the Agreement. Such written notice must be sent to the registered head office of elitetrades.com as stated in these Terms & Conditions.
Payment can be made by card payment over the phone for the full amount or can be taken by direct debit from a chosen account in three monthly instalments.
The Trader is permitted to make payment “face to face” by visiting the registered offices of elitetrades.com and paying the full amount due by debit or credit card or in cash.
The Trader is not permitted to terminate the Agreement mid-period. It may, however, request that its details be removed from the site. The agreement will, however, remain in full force for the full period and the Trader will still be required to meet its subscription obligations.
The Trader is permitted to communicate that it advertises on the website but the Trader cannot include or mention elitetrades.com in any contract that it may enter into with clients nor shall the Trader make any statement, representation or warranty (whether negligently or innocently made) to any of its clients that elitetrades.com is working as a trade body, contractor, recruitment agency or in any other capacity other than that of advertising, to users of the website on behalf of the Trader and/or introducing the Trader to potential clients.
The Trader acknowledges and agrees that the services that elitetrades.com provide are provided on an “as is” basis without any warranty whatsoever and a Traders sole and exclusive remedy for any claim arising out of its use of the services is that it is free to discontinue its use of those services and/or the website and terminate the Agreement.
The Trader agrees to irrevocably and unconditionally indemnify elitetrades.com and keep it indemnified from and against all actions, proceedings, obligations, charges, costs, claims, demands, liabilities, expenses, damages or losses (including without limitation consequential losses, loss of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by elitetrades.com arising out of or in connection with the information provided by the Trader.
The Trader agrees that elitetrades.com can publish on its website any feedback that users of its website may leave concerning the Trader if it concerns work carried out by the Trader for the user after contacting the Trader through the website.
Should the Trader receive three or more negative feedback reports, elitetrades.com may reserves the right to remove the Trader from the website, although elitetrades.com will not do so without first contacting the Trader.
The Trader accepts that elitetrades.com will contact users of its website for feedback evaluations concerning work carried out by the Trader. The Trader further accepts that elitetrades.com is not responsible for the evaluation content of that feedback or any harm it may or may not cause.
The Trader must keep in force at all times valid public liability insurance cover, up to date membership of applicable trade bodies and such qualifications as required by law. If it comes to the attention of elitetrades.com that the Traders at any time fails to fulfil these obligations elitetrades.com has the right to remove the Trader from the website with immediate effect.
6.Privacy Policy
The information that you provide about yourself to elitetrades.com will only be used by us in accordance with our privacy policy. Please read the privacy policy carefully.
By accepting these terms the Trader is also accepting elitetrades.com’s privacy policy.
7.General
elitetrades.com reserves the right to transfer and/or assign its rights and/or obligations under these terms and conditions. Any such action will not affect the rights or obligations of the Trader. The Trader does not have the right to transfer and/or assign its rights and/or obligations in anyway.
If the Trader breaches any or all of the terms and conditions elitetrades.com will not lose any right to act upon that/those breaches if it fails to act immediately on them.
These terms & conditions, together with the Privacy policy and any additional terms on service, represent the entire terms agreed between us in relation to its subject matter.
These Terms & Conditions supersede all prior agreements, negotiations and discussions between the parties relating to the subject matter of this agreement.
Both the Trader and elitetrades.com declare that they each have the right, power and authority and have taken all action necessary to execute and deliver, and to exercise their rights and perform their obligations under the Agreement.
The failure of a party to exercise or enforce any right under the Agreement shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter. The rights and remedies provided by the Agreement are cumulative and (subject as otherwise provided in these Business Terms) are not exclusive of any rights or remedies provided by law.
No term of the Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
8.Fees and Payment
The fee for your subscription to the website is calculated and payable annually on the anniversary of the start of the Trader’s subscription (unless otherwise stated) in advance. Elitetrades.com shall be under no obligation to provide the service until the subscription fee has been paid.
The Trader may nominate to pay the fee in whole or quarterly, such nomination is to be made before the service commences and/or before the service is renewed.
Should the Trader elect to pay by direct debit, that Trader will agree to indemnify elitetrades.com for any additional bank charges that may be involved.
If the Trader fails to pay any amount payable under the Agreement it will immediately pay interest on the overdue amount on demand, from the due date up to the date of actual payment, after as well as before judgment at the rate of 4% per annum above the base rate of the Bank of England. Such interest shall accrue on a daily basis and be compounded quarterly.
Without limiting elitetrades.com’s other rights and remedies at law, in the event of non-payment or late payment it may (at its discretion):
Remove the Trader’s details from the site;
Terminate this Agreement; and/or
Charge the Trader for any agency or legal fees associated with collection of overdue amounts.
Without prejudice to any other rights or remedies that elitetrades.com may have, the Trader acknowledges and agrees that damages alone would not be an adequate remedy for any breach by it of the provisions of the Agreement and that accordingly elitetrades.com (or any parent or related company) may be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the provisions of the Agreement.
Should the agreement be terminated for any reason whatsoever no refund will be available to the Trader in respect of the fee paid.
Elite Trades Limited
Registered in England and Wales
