Terms and Conditions

ServiceMagic Ltd [SM] offers a matching service that allows service providers and suppliers (the Partners) to obtain the details of individuals and corporate entities (the Customers) who have requested to be matched with one or more service providers (a Service Request), allowing Customers to find one or more Partners to fulfil a Service Request. These Terms and Conditions (T&Cs) govern Partner's use of the SM services.

The service offered by SM is a simple one of matching Customers to Partners, allowing the Partners to find Customers, and Customers to find one or more Partners as part of a Service Request.

Partners using the matching service offered by SM and visiting the SM sites (ServiceMagic.co.uk, 123GetAQuote.co.uk) acknowledge having read and accepted these T&Cs.

1. SM undertakes to send the Partner only Service Requests relating to the geographical coverage and business (Profile) determined by the Partner.
2. SM undertakes to check the quality of Service Requests before sending them to its Partner and to delete any Service Request that would be considered to be unreliable by SM.
3. SM undertakes to provide the Partner with sufficient information on the Customer to enable the Partner to contact the Customer directly. SM undertakes to send details of each Service Request to no more than four Partners. SM is free to contract with other Partners as this is not an exclusive contract.
4. Whenever SM sends a Customer's details to the Partner, the Partner agrees to pay a fixed sum (a Lead Fee) for each Service Request as set out in the Pricing List in force at the time these T&Cs are accepted by the Partner or, for Partners who have pre-paid for a batch of contact-credits, to be debited with the corresponding number of contact-credits.
5. The Partner acknowledges and agrees that the number of Service Requests that SM will be able to provide to the Partner will vary and is not guaranteed and that SM cannot guarantee that the number of Service Requests it is able to send to the Partner will allow the Partner to achieve the monthly budget fixed by Partner. Further, SM does not guarantee that a Partner will be engaged by any Consumer pursuant to a Service Request. SM provides only consumer leads to Partners, not guaranteed business.
6. The Partner may change its Profile at any time. SM undertakes to make all changes requested by the Partner within a maximum period of two (2) business days. However, SM reserves the right to reject any substantial change requested by the Partner. In such cases, SM will notify the Partner of its rejection within a period of two (2) business days, and Partner may thereafter cancel or suspend membership of the service in the terms set out in this document. If Partner does not cancel or suspend its membership, then Partner will continue to receive Service Requests based upon its then existing Profile.
7. The Partner may increase its monthly budget at any time on the SM website or by telephoning Customer Service during working hours. In the latter case, an increase in the monthly budget will become effective only once written confirmation is received by email or fax. The Partner may at any time reduce its monthly budget on the SM website or by telephoning Customer Service during working hours (in the latter case, a decrease in the monthly budget will become effective only once written confirmation is received by email or fax), provided that the Partner remains accountable and agrees to be debited with sums payable on the day on which it reduces its monthly budget.
8. The Partner acknowledges and agrees that it is responsible for ensuring that the contact information and any other details regarding Partner that it has provided to SM are correct and kept up to date so that it can receive the Service Requests from SM. SM is not liable or accountable for Service Requests not received by the Partner, and Partner agrees to pay for all Service Requests delivered to the contact information provided by Partner.
9. For Partners who have not prepaid a batch of contact-credits, SM undertakes to email a monthly detailed account Statement to the Partner at the end of each month. The Partner acknowledges and agrees that it will not receive a Statement until it has provided SM with a valid email address. The Partner agrees that payment of the balance due will be made by SM processing the Partner's credit/debit card on the 1st, 8th, 16th and 24th of each month. For Partners who have pre-paid a batch of contact-credits, SM undertakes to email a Statement within two (2) business days following pre- payment for the contact-credit batch.
10. SM is not entitled to receive any commission on any amounts paid by Customers to Partners for services performed by Partners. The Lead Fee payable or the contact-credit due from the Partner to SM for each Service Request is not dependant on whether or not the Partner is engaged to perform services by the Customer. Lead Fees and contact-credits are earned upon delivery of the Customer's details from SM to Partner.
11. SM undertakes to re-credit the Partners for any Service Request for which SM confirms one of the following:
    1. the details correspond to those of a Customer for which the Partner has already received the same details and request through a prior Service Request received by SM within the previous 30 days (DUPLICATE),
    2. the Customer's telephone number is wrong and prevents the Partner from contacting the Customer by telephone (WRONG TELEPHONE),
    3. the description does not match the form on which it has been entered by the Customer, provided that the form on which it should have been entered does not match the Partner Profile (FORM ERROR),
    4. the postcode of the place where the service is to be provided is wrong, provided that the postcode that should have been entered does not match the Partner Profile (LOCATION ERROR), or
    5. the description is totally fictitious and inaccurate in SMs sole determination (FICTITIOUS REQUEST).
    We do not issue credits for the following reasons:
    1. The customer has already found someone to complete the work,
    2. The customer has already chosen another tradesman to do the work,
    3. The customer has changed their mind about the project,
    4. The customer isn’t ready to go ahead with the project yet,
    5. You did not win the job,
    6. You contact us with a query more than seven days after the lead in question was received.
12. In order to be re-credited pursuant to Section 11 above, the Partner must submit a substantiated request in writing, using the interface provided by SM, within seven (7) days of the day on which the Service Request is received. SM shall have the right, in its sole discretion, to determine whether re-crediting is warranted.
13. To be able to benefit from the service offered by SM, the Partner undertakes to:
    1. contact Customers as soon as Service Requests are received,
    2. provide estimates free of charge and, where applicable, obtain the Customer's prior consent if the level of expenditure incurred by providing the estimate are such that the Customer needs to be invoiced,
    3. observe the commitments and time limits indicated on the estimates and agreements between Partner and Customers,
    4. observe all applicable regulations and standards applicable,
    5. observe all applicable tax and social laws,
    6. be recorded or registered as required with the applicable authorities,
    7. be up-to-date at all times with compulsory insurance essential to its business,
    8. possess the qualifications and necessary expertise to provide the services that it has selected in its Profile,
    9. contact Customers itself,
    10. provide and invoice the services itself,
    11. invoice services in accordance with the estimate initially submitted to the Customer,
    12. provide quality services to meet Customers' requirements as far as possible,
    13. provide a quality after-sales service,
    14. provide services within England, Scotland or Wales.
14. Any failure to meet any of the commitments listed in the above article may result in immediate suspension or cancellation of the Partner's Account, without any entitlement to a refund of any sums previously paid by the Partner to SM.
15. SM will not under any circumstances be liable for any sum resulting from any dispute between the Customer and the Partner as part of a Partner's contract with, or of a Partner's provision of services for, a Customer. SM will not be held liable, and Partner releases SM from any liability, in any dispute that may subsequently arise between the Customer and the Partner regarding Partner's performance of or failure to perform services for the Customer.
16. SM is not involved in, nor does SM have any responsibility for Partners. contracts with Customers, or any payments to Partners from Customers or any disputes Partners may have with Customers. Notwithstanding anything in these T&Cs to the contrary, SM does not make guarantees, representations or warranties regarding a Customer's level of interest, their desire to have work completed, their creditworthiness or ability to pay Partners, the accuracy of the information provided by the Customers, or that any Customers will hire Partners to perform services, nor does SM guarantee that Partners will successfully contact each Customer.
17. These T&Cs are not transferable or assignable by Partner. Furthermore, the transfer of Service Requests received by the Partner to third parties, whether free of charge or for a consideration, or to other service providers or suppliers, is strictly prohibited and is contrary to current regulations concerning confidentiality of personal data. Any transfer by Partner of Service Requests to third parties may result in legal proceedings and the termination of Partner's account with SM.
18. With regard to pre-payment of a batch of contact-credits, contact-credits pre-paid by Partners may be used for a period of 12 months from the date of payment for such contact-credits (the Validity Period). At the end of the Validity Period, unused contact-credits will be forfeited by Partner and definitively withdrawn from the Partner's account unless the Partner purchases new contact-credits before the end of the Validity Period, in which case the new expiry date for all contact-credits will be 12 months from the most recent date of purchase of a batch of contact-credits, or unless the Partner has received less than 200 Service Requests during the period of validity of its contact-credits, in which case the period of validity will be extended by 12 months. In all cases, contact-credits pre-paid by a Partner will not be refunded during or after the Validity Period for any reason whatsoever.
19. Beyond the 30-day integration period as from the date of your acceptance of these T&Cs, the Partner may cancel or suspend its membership of the service offered by SM by registered letter with confirmation of delivery or by fax. Upon receipt of a request for cancellation or suspension is received, SM shall suspend the delivery of Service Requests to Partner within a maximum period of two (2) business days. The Partner acknowledges and agrees that it will be obliged to pay for all Service Requests that may have been sent to it before the effective date of cancellation or suspension of the Partner account and that cancellation or suspension of its account will make all sums owed by the Partner to SM at the effective date of cancellation of the Partner account immediately payable. During the 30-day integration period, membership may not be cancelled or suspended by Partner except in the case of force majeure.
20. SM reserves the right to refuse a membership request for Partnership for any reason or no reason, without having to state reasons. Moreover, SM reserves the right at any time and even within the integration period to exclude a Partner who has failed to observe these T&Cs, without prior notice or having to give reasons, and without being required to refund any amounts previously paid.
21. The Partner acknowledges and agrees that it will be liable for an administration charge of £40 including VAT to cover bank charges and costs resulting from any incident or failure of the Partner to pay Lead Fees or contact-credits when due. SM may also charge interest at the rate of two percent per month on any overdue payments by the Partner from the date payment became due until actual payment is made.
22. The Pricing List and T&Cs applicable are those current on the day on which this document is confirmed by the Partner. SM reserves the right to change its Pricing List and T&Cs at any time. Partner's sole remedy if it does not agree to such a change shall be to terminate this Agreement. If Partner fails to terminate this Agreement, then this Agreement shall continue in full force and effect as modified by SM in the notice provided to Partner.
23. SM's name, trademarks and logos and the contents of websites published by SM are SM's exclusive property and cannot in any event be used or reproduced in any way without SM's prior consent in writing. In addition, the Partner acknowledges and agrees that any content that it may decide to submit to SM will be SM's exclusive property, except for the Partners. names, trademarks and logos, and may be published in whole or in part on sites published by SM or in marketing documents without entitling the Partner to any remuneration. The Partner in particular authorises SM to publish the name of the Partner and of its company, its details, its profile, its qualifications and its memberships of associations or federations, its logos and trademarks, its comments and testimonials of SM's services, the comments, testimonials and approval ratings obtained by SM from its Customers, and photographs that it may have submitted to SM to promote the Partner's or SM's business on any online or offline medium. The Partner represents, warrants and guarantees that it possesses all the rights to the content that it provides to SM and that such content is not in breach of previous intellectual property rights held by third parties. SM nonetheless reserves the right to reject or delete any content that it may consider does not conform to its editorial line or that may not comply with intellectual property law.
24. SM may ask Customers for their comments, testimonials and approval ratings for services provided by each of its Partners by means of a satisfaction questionnaire. The Partner agrees to SM contacting the Partner's customers at SM's sole discretion to obtain Customers. comments, testimonials and approval ratings of services provided by the Partner. The Partner acknowledges and agrees that all information thus obtained is SM's exclusive property and that it may be published in whole or in part on websites published by SM or in marketing documents without entitling the Partner to any kind of remuneration. The Partner acknowledges and agrees that its Customers may leave comments and testimonials about the services that it has provided. SM is not responsible for comments, testimonials and approval ratings given by Customers that it decides to publish on its websites. In addition, the Partner acknowledges and agrees that Partner is in no way entitled to reproduce, advertise, publish or use in any other possible way such information, including information concerning Partner directly, without SM's prior consent in writing. Any unauthorised use of the above information may result in legal proceedings and termination of Partner's account and this Agreement.
25. Partner shall fully protect, indemnify and defend SM and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns (the Indemnified Parties) and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of Partner's work for or dealings with any Customers, or Partner's services, representations, advertising, or obligations (including but not limited to Partner's obligation to maintain the confidentiality of user personal information) as provided in this Agreement, regardless of cause or of any fault or negligence of SM or the indemnified parties and without regard to cause or to any concurrent or contributing fault, strict liability or negligence, whether sole, joint or concurrent, active or passive by SM or the indemnified parties.
26. In no event is SM liable to Partner for any consequential, indirect, incidental, punitive or special damages, lost revenue, lost profits or loss of goodwill. In no event will the total aggregate liability of SM to Partner exceed the amount of fees actually paid by Partner to SM during the preceding 12 months, regardless of the basis or form of claim.
27. Services are provided to Partner on an "as is" basis, and SM disclaims any and all express or implied warranties, including but not limited to any warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
28. Should any one or more of the provisions contained in this T&Cs be declared invalid by a competent court, the validity of the remaining provisions of this instrument will remain unaffected.
29. The following sections shall survive any termination or expiration of this Agreement; 4, 5, 8, 9, 10, 13, 15, 16, 17, 18, 21, and 23 through 30.
30. The parties hereby agree that any disputes as to the terms of the services provided by SM and in relation to these T&Cs shall be submitted to the courts of England & Wales or the courts of Scotland for resolution.