Terms and Conditions
Terms of Business
1 Application
1.1 These terms of business ( Terms ) contain the terms upon which you may use our online marketplace for services accessible via our Website ( www.peopleperhour.com ) ( Marketplace ) in order to request services from or provide services to other users of the Marketplace.
1.2 The terms “we”,”us”,”our” and “ours” when used in these Terms of Business ( Terms ) mean People per Hour, a trading name of People Per Hour Limited, a company incorporated in England, registered company number 06369697 ( PPH ) whose registered address is 3rd Floor, 15 Knightsbridge Green, London, SW1X 7QL, United Kingdom, which includes subsidiaries, divisions, branches, affiliates or companies under common ownership or control of People Per Hour.
1.3 The terms “Buyer(s)”, “Provider(s)” “user(s)” “you”, “your” and “yours” when used in these Terms mean any user of the Marketplace seeking to receive or provide Services.
2 Your use of the Marketplace
2.1 The Marketplace is a venue where services in relation to the completion of projects or the performance of tasks (Services) may be bought and sold. The Marketplace allows companies and/or individuals who require Services (Buyers) to advertise their requirements and companies or individuals who provide Services (Providers) to offer their Services using a competitive bid process.
2.2 We will provide and maintain the Marketplace in order to introduce Buyers and Providers.
2.3 You expressly agree that we are not party to any contract actually entered into between any Buyer and Provider for the provision of Services (a Service Contract).
3 Acceptance of Bids
3.1 When a Buyer advertises a request for Services in the Marketplace, the Buyer shall specify a closing time and date (Closing Date) by which time all offers to provide such Services (Bids) must have been submitted by Providers.
3.2 Within five (5) business days of the Closing Date the Buyer shall select a Bid at the Buyer’s sole discretion. People per Hour will automatically be notified of the selection via the Marketplace.
3.3 The Buyer may chose to create a ‘Shortlist’ of up to three (3) Bids per Project to assist in the screening. Once the closing date is reached the Buyer will within five (5) business days select a Bid at the Buyer’s sole discretion as per clause 3.2
3.4 Where the Buyer acting reasonably and in good faith at all times is unable to select a suitable
Bid the Buyer shall not be under any obligation to enter into a Service Contract.
3.5 Upon notification of a successful Bid, the Buyer will be automatically notified of the Provider’s contact details and the Provider of the Buyer’s contact details via the Website.
3.6 Within five (5) business days of notification of contact details the Buyer and Provider shall enter into a Service Contract and send a copy of the executed Service Contract with us.
3.7 Each Service Contract shall be agreed between the Buyer and Provider shall contain a full description of the project or task and shall include without limitation details of all deliverables, acceptance criteria of deliverables, and for ongoing projects or tasks, payment intervals.
4 Your use of Information
4.1 In order for Buyers to describe the Services they require and Providers to describe the Services they offer, Buyers and Providers will be required to submit information to describe the Services, which may include proprietary information (including without limitation company or individual contact details), commercial information, intellectual property rights, and/or know how (Information).
4.2 For the avoidance of doubt Information may also include any information which we provide to you by means other than via our website (for example by telephone or email) and which may not necessarily appear on the website.
4.3 You acknowledge and agree that we have no control whatsoever over the truth, accuracy, quality, safety or legality of the Information.
4.4 You acknowledge and agree that your use of the Marketplace (including without limitation the Information) is subject expressly and on a continuing basis to the following conditions:
4.4.1 All rights in the Information belong to us. No rights are granted to you in relation to the Information and you agree not to use, employ or exploit the Information (whether for yourself or on behalf of any third party) otherwise than under these Terms;
4.4.2 your acknowledgement and agreement that we may amend any Information you provide to us at our sole discretion;
4.4.3 All Information you provide in relation to a request for or description of Services shall not:
• be false, inaccurate or misleading or fraudulent;
• infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• be in breach of English law or any other applicable law or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising);
• be defamatory, libellous, unlawfully threatening or unlawfully harassing;
• contain any viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
• link directly or indirectly to or include descriptions of goods or services that are prohibited under these Terms.
4.4.4 You will not:
a communicate or otherwise make available any Information to any third party (other than any employee of yours who requires the Information in connection with his or her employment and then only if the employee is bound by conditions of secrecy no less strict than those set out in this letter, which we shall enforce at your request;
b use the Information for any purpose other than the fulfilment of a Buyer’s request; or
c include any details (including without limitation, name, address, email address, website address, telephone or fax number) by which you may be identified by a Buyer or Provider so as to circumvent or attempt to circumvent the Marketplace.
4.4.5 You will not engage in any business directly or indirectly with Buyers or Providers introduced to you from the Marketplace or otherwise by us.
4.4.6 Use website in accordance with the terms of the Website Terms of Use ( CLICK HERE TO VIEW WEBSITE TERMS OF USE )
5 Data Protection
5.1 The Information may include personal data. You acknowledge and expressly agree that for the purposes of the Data Protection Act 1998, in respect of the Information we are a data controller.
5.2 You expressly agree to the following:
5.2.1 You must use the personal data contained in the Information which you have access to or which comes into your possession or control for requesting, offering or performance of the Services pursuant to a request by a Buyer via the Marketplace (or otherwise from us) and in accordance with any other instructions given by us.
5.2.2 You will comply with good IT and data security practices and will ensure that all technical and organisational measures are enforced to provide security of the personal data contained in the Information. We may visit your premises where personal data may be kept or processed, on reasonable notice and at a reasonable agreed time between the hours of 9.00a.m. and 5.30p.m. to satisfy ourselves that your procedures adequately comply with such practices.
5.2.3 You should only keep personal data contained in the Information at one address which should be the address notified to us at the date of your appointment or as otherwise agreed in writing with us from time to time.
5.2.4 You will on request assist us in complying with any “subject access requests” received from Buyers and supply us with, where applicable, details of your own notification or registration of your data processing activities under the law or evidence that you are exempt from such notification or registration.
5.2.5 You must not use for your own advantage or for the advantage or any third party, or disclose to any third party, any personal data contained in the Information which comes into your possession unless this is necessary for the purpose for which you have been provided the same. You are not restricted from disclosing to a Court or other body having similar authority, or pursuant to Government or other regulations (if any) any personal data which you are compelled to disclose to such body unless professional privilege allows you not to disclose such personal data.
5.3 You acknowledge and agree that we may be required to disclose your personal data to applicable legal and regulatory authorities (including without limitation HMRC).
6 Fees & Payment
6.1 On acceptance of a Bid, the Marketplace will automatically charge the Buyer for the amount equal to the deposit as specified by the Provider, which the Buyer shall pay, using the People per Hour payment service (PPH Payment Service) into our client account (Client Account).
6.2 Where a Buyer requires Services on an ongoing or repeat basis, the Buyer shall ensure that it regularly deposits sufficient funds to ensure that the available balance is always equal or larger to the deposit requirement specified by the Provider, such funds to be paid to the Client Account on a weekly basis unless we agree otherwise in writing.
6.3 The Provider shall NOT commence work prior to ensuring that the Buyer has sufficient funds in their account in accordance with the provisions of clause 6.6. The Provider accepts all liability for any Services provided without such confirmation and remains liable to pay People per Hour any commission fees which may be due.
6.4 Upon completion of the Services the Provider shall raise an invoice online using the People Per Hour Invoice System via the Provider’s private login (PPH Invoice System). On receipt of this invoice and acceptance of the services delivered, the Buyer shall releasing funds to from its account through the ‘Release Funds’ function in its private login on the website. In such cases where the deposit does not cover the full amount invoiced by the Provider, the Buyer shall top up its account online and then release funds.
Once funds are released by the Buyer, the Provider shall receive payment from People per Hour within 7 working days.
The Buyer shall not unreasonably withhold acceptance. Any disputes between the parties shall be resolved in accordance with the provisions of Clause 8.
On releasing the funds, the Marketplace shall automatically generate an invoice from People per Hour to the Provider for People per Hour’s commission at a rate of ten (10) per cent (inclusive of VAT) of the Fee (Commission).
The Provider will be responsible for chasing up the Buyer in such cases where an Invoice has been raised and the Buyer has not released the funds.
6.5 In order to avoid any disputes in relation to Services the Buyer shall keep accurate records of all Services received and the Provider shall keep accurate records of all Services provided, and resolve any discrepancies acting in good faith at all times.
6.6 It will be the Provider’s sole responsibility to ensure that no Services are provided until the Buyer has paid the necessary Fees into the Client Account. The Provider shall be solely responsible for checking the Website. The Provider shall ensure that the Buyer has paid for the full amount of the applicable Fee where the project is a one-off or for at least one week in advance where the project is recurring. If the Buyer’s account is not sufficiently in credit, the Provider shall inform People per Hour and We will send a reminder to the Buyer. No work should be conducted in the period for the Provider’s protection. If the Buyer fails to respond the Provider has the right to terminate the provision of Services.
6.7 Providers shall not under any circumstance bill Buyers other than through the Website in accordance with the provisions of this clause 6. People per Hour reserves the right to vary the provisions with the express written agreement of the parties for individual cases.
6.8 Except where Buyers have been instructed to pay the Provider directly in accordance with clause 6.9(d), if Providers receive money from Buyers it will be at their own responsibility and People Per Hour will reserve the right to black list them from the site for violation of the Terms of Business.
6.9 Chargebacks:
(a) People per Hour reserves the right to establish at its discretion a freeze on the funds submitted by the Buyer into the Client Account as a deposit in respect of Services in situations where People per Hour reasonably believes or suspects that such funds may or will become the subject of a chargeback claim.
(b) If People per Hour decides to freeze such funds, it will provide the Buyer of written notice of this fact within a reasonable time. People per Hour shall also notify its suspicions in writing to the Provider and the relevant credit card company, bank or other institution as soon as is reasonably possible. If the Provider continues to provide the Services following such notification, it does so at its own risk.
(c) People per Hour may maintain the freeze on the funds in the Client Account for a reasonable period up to a maximum period of [120] days (“Freeze Period”) sufficient to undertake all necessary investigations to verify the validity of the payment of the funds into the Client Account. Buyer undertakes to provide all necessary information and assistance to People per Hour for this purpose as well as written confirmation of the validity of the payment of the funds into the Client Account if People per Hour so requests.
(d) At any point during the Freeze Period, People per Hour may request payment from the Buyer through alternative means or return the funds from the Client Account to the Buyer (by a refund to the credit or debit card used to make the original payment where appropriate), net of the amount of the commission due to People per Hour from the Provider, in order that the Buyer may pay the Supplier directly.
(e) Buyer undertakes to provide all information (including without limitation copies of credit card or bank statements) requested by People per Hour in order to verify the Buyer’s identity and to confirm their address as requested by People per Hour at any time.
(f) When People per Hour is notified of a chargeback, it shall notify Provider as soon as is reasonably possible and where the provision of services has commenced it shall request that the Provider cease such provision.
(g) Except in the case of its own fraud, People per Hour accepts no liability for losses suffered by any Provider where a Buyer of Services makes a chargeback claim in respect of funds paid for such Services. The Provider shall indemnify and keep People per Hour indemnified against such losses where People per Hour is unable to recover the chargeback amount from the Client Account for any reason, including but not limited to there being insufficient funds therein.
7 VAT
7.1 People per Hour bears no responsibility for determining whether VAT applies between the Buyer and the Provider in relation to the provision of Services. You acknowledge and agree that People per Hour does not and does not purport to give any advice whatsoever in relation to VAT.
7.2 Each Provider is solely responsible for determining whether VAT applies to its provision of Services and each Provider agrees and acknowledges that it should seek independent professional advice in establishing its VAT status.
7.3 Each Provider shall state in each Bid it makes whether VAT applies to the provision of its Services.
7.4 Where a Provider submits a Bid to any Buyer stating that VAT does not apply and subsequently establishes that VAT does apply, the Bid shall be construed as inclusive of VAT.
7.5 Where a Provider submits a Bid stating that VAT does apply to the provision of Services the Provider shall provide a valid VAT invoice in accordance with applicable law.
7.6 As stated in clause 6.4(c), Commission is calculated as ten (10) per cent of the Fee inclusive of VAT. People per Hour will charge VAT in addition to the Fee where VAT is applicable.
For the avoidance of doubt VAT will be applicable to Commission where:
(i) The Provider is located in the UK for VAT purposes;
(ii) The Provider is located in the EU for VAT purposes and the Service Provider provides the Services for non-business purposes.
For the avoidance of doubt VAT will not be applicable to Commission where:
(i) The Provider is located in an EU member state for VAT purposes and the Service Provider provides the Services for business purposes and has provided his VAT number or equivalent.
(ii) The Provider is located in a non-EU member state for VAT purposes.
7.7 For the purposes of this agreement VAT shall include any equivalent sales tax in any other jurisdiction.
8 Disputes
8.1 You expressly agree that in the event of any dispute between you and another user, in the first instance you will attempt to resolve the dispute directly with the user acting in good faith at all times. In the event that you are unable to resolve the dispute we will act as mediator and you agree to be bound by our decision.
8.2 You agree that if we are unable to resolve a dispute in accordance with the provisions of clause 8.1 you will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR, and People per Hour shall not be liable for any costs incurred arising from a dispute between a Buyer and a Provider.
9 No Warranty
9.1 We make no warranty in respect of the Marketplace or the Information whatsoever except as expressly contained in this section of these Terms. We will use all reasonable skill and care (in accordance with industry standards of good practice for comparable industries) to:
9.1.1 verify the identities of Buyers and Providers;
9.1.2 investigate any alleged breach of these Terms and take appropriate action at our sole discretion; and
9.1.3 process all Personal Data, as defined in the Data Protection Act 1998 (DPA) we collect in accordance with our obligations under the DPA.
9.2 We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to the Marketplace, and you acknowledge and agree that operation of the Marketplace may be interfered with by numerous factors outside of our control. The Marketplace is provided “as is” and as and when available, and to the extent permissible by law except as expressly stated otherwise in these Terms we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
9.3 We do not control any Information provided by other users that is made available in the Marketplace. You may find the Information to be harmful, inaccurate or deceptive. Your use of the Information and the Marketplace is at your sole risk.
10 People per Hour Exclusion of Liability
10.1 Nothing in these Terms shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages arising out of or in connection with your use of the Marketplace, the Information or these Terms.
10.2 We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
11 People per Hour Limitation of Liability
In the event that we are found liable by a court of competent jurisdiction, our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to us in the one month period prior to the action giving rise to the liability, and (b) £100.
12 Provider’s warranties
Where you use the Marketplace as a Provider you expressly make the following warranties:
12.1 You have all necessary professional indemnity, employer’s liability insurance and all other required insurances to the full extent required for the Services you provide;
12.2 You are in good standing, and are not in violation of any applicable laws, rules or regulations;
12.3 You have made and will make all required legal and tax filings, including VAT, PAYE and any other relevant requirements. If relevant, you shall file all necessary legal documentation relating to your self-employment required by any governmental body, and pay, in a timely manner, all applicable taxes including without limitation PAYE and National Insurance.
13 Indemnity
You expressly agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, demand or loss, including all legal fees, made by any third party arising out of
13.1 your breach of these Terms or use of the Marketplace or Information;
13.2 any failure to pay or underpayment in respect of any applicable taxes including without limitation PAYE and National Insurance.
This indemnity shall not apply where such claim, demand or loss arises solely due to (a) our negligence or (b) our breach of these Terms.
14 Remedies
Without limiting other remedies, we may immediately remove you, warn other users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Marketplace if:
14.1 you breach these Terms or any terms incorporated by reference to these Terms;
14.2 we are unable to verify or authenticate any information you provide to us; or
14.3 we believe, at our sole discretion, that your actions may cause any loss or liability for you, our Users or us.
15 No Partnership
You and People per Hour are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
16 Assignment
You agree that these Terms and all incorporated agreements may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or similar corporate transaction. You may not assign, license or sub-contract any of your rights or obligations under this User Agreement.
Your People per Hour account (including feedback) and User ID may not be transferred or sold to another party without our prior written consent. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms.
17 Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and you hereby submit to the exclusive jurisdiction of the English courts.
WEBSITE TERMS OF USE
Last updated: [4/10/2007]
Definitions
This website ( website ) is owned and operated by People per Hour, a trading name of People Per Hour Limited, a company incorporated in England, registered company number 06369697 ( People Per Hour ) whose contact details are on this website.
The terms “People per Hour”, “People Per Hour”, “we”, “us”, “our” and “ours” when used in these Terms of Use mean People Per Hour Limited which includes subsidiaries, divisions, branches, affiliates or companies under common ownership or control of People Per Hour.
The terms “you”, “your” and “yours” when used in these Website Terms of Use mean any user of this website.
Agreement
Access to and use of this website and the information, materials, products and services available through this website are subject to all applicable laws and regulations and to these Terms of Use.
By accessing this website, you agree to these Terms of Use which form a legally binding agreement. If you do not agree, please exit this website.
These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the website, and you should always review these Terms of Use prior to using the website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this website. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request.
ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEB SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
Minors
This website is a business and commercial site. As such, it is not intended for children or minors.
Products & services
All references on this website to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated. The purchase and sale of services on this website is subject to the People per Hour Terms of Business CLICK HERE TO VIEW OUR TERMS OF BUSINESS.
Ownership
Unless otherwise indicated, this website and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this website (Elements) are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of People Per Hour or are included with the permission of the rights owner and are protected pursuant to copyright and trademark laws.
The posting of any such Elements on this website does not constitute a waiver of any right in such Elements. You do not acquire ownership rights to any such Elements viewed through this website. Except as otherwise provided herein, none of these Elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this website, provided you do not modify the Elements and that you retain any and all copyright and other proprietary notices contained in the Elements. This permission terminates automatically if you breach any of these Terms of Use.
Trademarks
The People per Hour logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this website, unless otherwise noted, are service marks, trademarks and/or trade dress of People Per Hour (the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Hyperlink disclaimer
This website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons (“third party website”). An advertisement of, or link to, a third party website does not mean that we approve, endorse or accept any responsibility for that third party website, its content or use, or the use of products and services made available through such third party website.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such third party websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such third party websites.
Such third party websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about any websites which you may access through this website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
Links from other websites
Any link to this website without our written permission is prohibited. Notwithstanding authorisation to link to this website, linking to any page other than the home page is prohibited. Persons providing access to this website via link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning People per Hour or People Per Hour.
Authorisation by us to link to this website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this website at any time and for any reason.
Anyone providing access to, or information relating to this website, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.
Data protection consent
By agreeing to these Terms of Use, you acknowledge you have read and understood the terms of our Privacy Statement and that you agree with it. CLICK HERE TO ACCESS OUR PRIVACY STATEMENT.
With the exception of Personal Data, any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary. Upon the transmission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose as detailed in our Privacy Statement.
Posting or transmitting of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.
We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.
Notwithstanding the foregoing, all personal data provided to us as a result of this website will be handled in accordance with our Privacy Statement.
No warranties
THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, PEOPLE PER HOUR, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, PEOPLE PER HOUR, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU OR YOUR COMPANY AND PEOPLE PER HOUR, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS HEREBY DISCLAIM (A) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE OPERATION OF THIS SITE OR ANY PART OF IT; (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THIS SITE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION; (D) WARRANTIES RELATING TO THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THIS SITE OR ANY INFORMATION PUBLISHED ON THIS SITE; AND (E) WARRANTIES RELATING TO WEBSITES TO WHICH THIS SITE IS LINKED.
It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this website or any website with which it is linked.
Some jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly some of the above disclaimers may not apply to you. We do not seek to exclude or limit liability for fraudulent misrepresentation. Your statutory rights as a consumer, if any, are not affected hereby.
Exclusion of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY . EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY ARISING DIRECTLY FROM OUR NEGLIGENCE, THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PEOPLE PER HOUR, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED, SHALL NOT EXCEED £100. WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION.
Indemnity and release
You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this website or any of the information, materials, products or services available through this website.
Modification and discontinuation
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this website (or any portion thereof) and/or the information, materials, products and/or services available through this website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this website.
Entire understanding
These Terms of Use, together with the People per Hour Terms of Business CLICK HERE TO VIEW TERMS OF BUSINESS and the Privacy Statement CLICK HERE TO VIEW PRIVACY STATEMENT contain the entire understanding between you and us with respect to this website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use shall remain in full force and effect.
Waiver
People Per Hour’ failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by People Per Hour of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
Law & Jurisdiction
The website is controlled by People Per Hour from its offices in England. Access to, or use of, this website or information, materials, products and/or services on this website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this website. We make no representation that the information contained herein is appropriate or available for use in other locations outside the United Kingdom.
You agree that the substantive laws of England and Wales shall govern any controversy or claim of whatever nature arising out of or relating to the use of this website, without regard to any conflict of laws provisions. All actions or proceedings arising out of or relating to these Terms of Use, their validity, performance, enforcement or breach, or the subject matter of these Terms of Use may be heard in the courts of England and Wales and you hereby irrevocably consent and submit yourself to the personal jurisdiction of said courts for all such purposes. Notwithstanding the foregoing, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of this agreement is taking place or originating.
Contacting us
If you have any questions regarding these Terms of Use or any other matter, you may contact us by writing to the Website Manager at 3rd Floor, 15 Knightsbridge Green, London, SW1X 7QL
United Kingdom or by e-mailing us at .
PRIVACY STATEMENT
This website (“website”) is operated by People per Hour, a trading name of People Per Hour Limited, a company incorporated in England, registered company number 06369697, whose address is 3rd Floor, 15 Knightsbridge Green, London, SW1X 7QL, United Kingdom(People Per Hour)
The terms “People per Hour” “People Per Hour ” , “we”, “us”, “our” and “ours” when used in this Privacy Statement mean People Per Hour Limited which includes both subsidiaries, divisions, branches, affiliates or companies under the control of People Per Hour.
The terms “you”, “your” and “yours” when used in this Privacy Statement mean any user of this website.
IMPORTANT: BY SUBMITTING PERSONAL DATA TO US AND/OR BY USING OUR WEBSITE YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW.
Scope of Privacy Statement
We are committed to the privacy and confidentiality of information provided by you to us. This Privacy Statement describes our current policies and practices with regard to Personal Data collected by us from you directly and/or through the website to the extent that such Personal Data is protected by applicable European data protection laws. The term “Personal Data” refers to personally identifiable information about you, such as your name, job description, health related data, birthday, e-mail address or mailing address.
Notification of changes to Privacy Statement
We are continually improving our methods of communication and adding new functionality and features to this website and to our existing services. Because of these ongoing changes, changes in the law and the changing nature of technology, our data practices will change from time to time. If and when our data practices change, we will notify you and the local data authority where required by law of the changes. We encourage you to check this page frequently.
Collection of Personal Data including e-mail addresses
You may choose to buy products or services using the website or receive additional information or services from us. When you purchase our products or request additional information, we request personal information about you such as your name, postal address, e-mail address, telephone number and payment details. We may also ask for demographic information to enable us to provide a personalised service to you. The information you provide is either manually or electronically stored in our databases. We sometimes supplement the information that you provide with information that is received from third parties. For instance, if inaccurate postcodes are received, we may use third party software to fix them.
Use of Personal Data
We will use your Personal Data to fulfil your requests and we will ask only for data that is adequate, relevant and not excessive for those purposes. Where we send you information for any purpose, it may be sent by e-mail or post. When we ask you for Personal Data it may include the following purposes:
• We may contact you occasionally to inform you of new products and services we will be providing;
• We may send you regular updates on issues we think will be of interest to you;
• We may send you requested information on our products and services;
• We may use your Personal Data for marketing purposes and market research; and
• We may use your Personal Data internally to administer this website and help us improve our services.
Unsubscribe
We hope you will be delighted with our products and services. However, if you do not wish to receive e-mails from us and want to be removed from our electronic mailing list, please e-mail us at the address given below with “Email Unsubscribe” in the subject heading.
If you also wish to be removed from our post marketing database, please let us know by e-mailing us at the address given below with “Mail Unsubscribe” in the subject heading or writing to us at the address given below.
Anonymous data collected through this website
In addition to the information we collect as described above, we use technology to collect anonymous information about the use of our website. For example, our web server automatically logs which pages of our website our visitors view, their IP addresses and which web browsers our visitors use. This technology does not identify you personally, it simply enables us to compile statistics about our visitors and their use of our website.
Our website contains hyperlinks to other pages on our website. We may use technology to track how often these links are used and which pages on our website our visitors choose to view. Again this technology does not identify you personally – it simply enables us to compile statistics about the use of these hyperlinks.
Cookies
In order to collect the anonymous data described in the preceding paragraph, we may use temporary “cookies” that remain in the cookies file of your browser until the browser is closed.
Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information which is sent to your browser and stored on your computer’s hard drive. Cookies do not damage your computer. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not.
We also use your IP address to help diagnose problems with our server and to administer our website. An IP address is a numeric code that identifies your computer on a network, or in this case, the Internet. Your IP address is also used to gather broad demographic information.
We may also perform IP lookups to determine which domain you are coming from (i.e.: aol.com, yourcompany.com) to more accurately gauge our users’ demographics.
Disclosure of your Personal Data
We do not share, sell or distribute your Personal Data with unrelated third parties, except as otherwise provided for in this Privacy Statement and under these limited circumstances:
• In order to provide you with the information or products which you have requested, Personal Data may occasionally be transferred or shared with other companies within our group of companies or third parties who act for us for further processing in accordance with the purposes for which the data was originally collected or for purposes to which you have subsequently consented. For example, sometimes a third party may have access to your Personal Data in order to support our information technology or to handle mailings on our behalf.
• We will keep your contact details on our database and may, from time to time, e-mail or post you information to make you aware of our other similar products and services which may be of interest to you. If you do not wish to receive e-mails or post from us for these purposes, please let us know by following the “unsubscribe” procedure set out above.
• Where you have consented, we may also share your Personal Data with other companies within our group of companies or disclose your Personal Data to other businesses who may contact you about their products or services that may interest you.
• We may share, transfer or disclose the information in our databases and server logs to comply with a legal requirement, for the administration of justice, interacting with anti-fraud databases, to protect your vital interests, to protect the security or integrity of our databases or this website, to take precautions against legal liability, or in the event of our sale, merger, reorganisation, dissolution or similar event. We will inform you of any such transfer or disclosure as required by law.
Where appropriate, before disclosing Personal Data to a third party, we contractually require the third party to take adequate precautions to protect that data and to comply with applicable law.
Data access and corrections
Upon receipt of your written request and enough information to permit us to identify your Personal Data, we will disclose to you the Personal Data we hold about you, for which we may make a charge up to the maximum as allowed by applicable law. We will also correct, amend or delete any Personal Data that is inaccurate and notify any third party recipients of the necessary changes. You may update any information you have given to us by contacting us at the addresses given below.
Requests to delete Personal Data are subject to any applicable legal and ethical reporting or document retention obligations imposed on us.
Links to other websites
This website may contain hyperlinks to websites that are not operated by us. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party websites or any association with their operators. We do not control these websites and are not responsible for their data or privacy practices. We urge you to review any privacy policy posted on any site you visit before using the site or providing any Personal Data about yourself.
Transfer of data abroad
If you are visiting this website from a country other than the country in which our servers are located (currently the United Kingdom, the various communications will necessarily result in the transfer of information across international boundaries.
By visiting this website and communicating electronically with us, you consent to the processing and transfer of your Personal Data as set out in this Privacy Statement.
Governing Law
This Privacy Statement forms part of our website Terms of Use CLICK HERE TO VIEW OUR WEBSITE TERMS OF USE
and the substantive laws of England and Wales govern any controversy or claim of whatever nature arising out of or relating to the use of this website, without regard to any conflict of laws provisions. All actions or proceedings arising out of or relating to this Privacy Statement, its validity, performance, enforcement or breach, or the subject matter of this Privacy Statement may be heard in the courts of England and Wales and you hereby irrevocably consent and submit yourself to the personal jurisdiction of said courts for all such purposes. Notwithstanding the foregoing, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of this agreement is taking place or originating.
Feedback
We welcome comments about this Privacy Statement. If you have any questions about this Statement or any part of our service, you may contact us by e-mailing or by writing to us at to the Website Manager at 3rd Floor, 15 Knightsbridge Green, London, SW1X 7QL, England. Any feedback will be stored at this office.
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