Customer Terms and Conditions
Last updated September 2016
1.1. Our Website is provided by Plentific Ltd (“Plentific”, “us”, “we”). Plentific is a limited liability company registered in England and Wales, company number 08275972 and have our registered office at 1st Floor 16-24 Underwood Street, London, N1 7JQ with VAT registration number 162 3480 22.
1.2. Please read these customer terms and conditions (“Customer Terms”) (as well as the website terms and conditions (“Website Terms”) carefully before you find and book services from professionals and local tradesmen (“Pro” or “Pros”) via our website https://www.plentific.com (the “Website”) (the “Services”) as these will apply to your relationship with Plentific and the Pros. Any person who purchases or receives the Services (a “Customer”) will be subject to these Customer Terms. Your attention is particularly drawn to the following:
- The key information regarding Posting a Job on the Website (see clause 2).
- How to reschedule a Job (see clause 2.10).
- How to pay a Pro and how money is transferred (see clause 4).
- Terms regarding cancellations of Accepted Jobs and applicable cancellation charges if you cancel after 14 days of paying your Deposit (see clause 5).
- How to resolve an issue if one arises (see clause 6).
- We have a limit on our liability to you (see clause 7).
- Your options regarding the Plentific Insurance Backed Guarantee (see clause 8).
1.3. We recommend that you print a copy of these Customer Terms for future reference. If you do not agree with these Customer Terms, you must not book available Services. When you purchase Services via the Website, it will create a binding legal contract between you and the relevant Pro in respect of the provision or supply of the Services which you book through the Website (the "Pro Contract"). That contract may include separate Pro terms and conditions (“Pros Terms and Conditions”), which we will notify you of before you make a booking on the relevant Pro’s page on the Website by way of a link to such Pros Terms and Conditions from that Pro’s page on the Website.
1.4. For the avoidance of doubt, in the event of any inconsistency between:
1.4.1. these Customer Terms; and
1.4.2. the Pro’s own Pro Terms and Conditions for the provision of the Services,
the former will prevail and take precedence.
1.5. All Services available on the Website are offered by Plentific on behalf of its Pros. That is, Plentific posts your requests for jobs and notifies the relevant Pros as operator and administrator of the Website. Therefore, we are not responsible or liable to you for the actual Services that are provided through the Website.
1.6. We amend these Customer Terms from time to time as set out in clause 9. Every time you Post a Job you accept the latest version of these Customer terms, so please check these Customer Terms to ensure you understand the terms which will apply at that time.
1.7. If you have any questions about these Customer Terms, please contact our Customer Services team by email at firstname.lastname@example.org.
2. POSTING A JOB
2.1. Once you have registered with us in accordance with the Website Terms, you will be provided with an online account (your “Plentific Account”) from where you will be able to respond to quotes for Services.
2.2. You can post a job for the provisions of Services (“Job”) on the Website ("Post(ing) a Job"). If you are interested in Posting a Job, you may do so by either:
2.2.1. requesting a quote from the relevant Pro listed on our Website for a particular Service; or
2.2.2. posting a Job requesting that the Pro contact you using the facility contained on our Website.
2.3. In the event you use the method outlined in clause 2.2.2 above, you consent to us sharing your personal information with the relevant Pro(s) you have requested to be contacted by.
2.4. If you decide to contact the Pro using contact information obtained otherwise than through our Website, you undertake to inform the Pro that you were first prompted to contact them as a result of their listing on the Website. Our Pros are legally required to use our platform to quote and accept payments through Plentific. We retain the right to terminate your account if we find that Pros are encouraged not to use the platform but instead go outside.
2.5. Once you Post a Job in accordance with clause 2.2 above, Plentific will notify Pros about your Job and Pros will have the opportunity to contact you and quote for that Job via the Website (“Quote”). You may receive a number of Quotes from various Pros for the same Job. The number of Quotes you receive will be subject to price and the Pros’ availability. Plentific is not responsible for the number of Quotes you receive when Posting a Job.
2.6. Please note that not all Quotes will be covered by the Plentific Guarantee (see clause 8 below) as this will vary according to which Plentific account the Pro has signed up to.
2.7. Subject to clause 2.5 above, Pros will contact you via the Website with suggested Quotes. You may then accept a Quote and a Pro Contract will be formed once you pay your Deposit (see clause 4 below) (“Accepted Job”). Once your Deposit has been received we will send you and the Pro a written confirmation (usually by email) with the details of your Accepted Job.
2.8. We have entered into agreements with each of the Pros with full profiles listed on the Website so that we can provide you with the information contained on the Website about them (including, in some circumstances, the prices for the provision of their services). Although we make reasonable efforts to ensure such information is accurate up to date and complete, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up-to-date. You should check all such information with each relevant Pro before agreeing to purchase their services.
2.9. If the Pro you contact via Plentific indicates to us that they are unavailable to provide the service you have requested, you give us permission to contact other Pros we deem suitable on your behalf and provide them with your contact details unless you explicitly inform us otherwise.
2.10. Rescheduling Jobs:
2.10.1. If you wish to change the date and/or time of an Accepted Job, the Pro must endeavour to offer you a suitable alternative booking time and/or date. In the event that a Pro is unable or unwilling to fulfil an Accepted Job pursuant to your requesting such a change in accordance with this clause 2.10.1, you should contact the Pro and cancel the Accepted Job in accordance with clause 5 of these Customer Terms. Subject to clause 5 below, the Pro must refund you the full amount of the Deposit for that Accepted Job.
2.10.2. If a Pro wishes to change the date and/or time of an Accepted Job, in the event that you are unable or unwilling to agree to such change, you should contact the Pro and cancel the Accepted Job in accordance with clause 5 of these Customer Terms. Subject to clause 5 below, the Pro must refund you the full amount of the Deposit for that Accepted Job.
2.11. If you wish to cancel a Pro Contract (i.e. if you wish to cancel an Accepted Job), please refer to our cancellation policy in clause 5 below.
2.12. Please note, as set out in our Website Terms, we reserve the right to withdraw access to our Website and/or cancel any Job in the event that you fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your Pro Account.
3.1. Our Pros are under a legal duty to provide Services that are in conformity with the relevant Pro Contract.
3.2. Pros must ensure that all information provided by them for display on their page of the Website is accurate, complete and not misleading in any way but we cannot verify the information which they provide to us. It will be each Pro's responsibility to ensure that all of its Services listed on the Website are available and accurately described.
3.3. It is your (or the person receiving the Services) sole responsibility to communicate in advance any specific conditions and/or special needs to the Pro that might affect or be affected by any Services (for example without limitation, specific household areas for Pro to avoid). Subject to clause 7.3, if you (or the relevant recipient of the Services) fail to disclose any such information to the applicable Pro, neither Plentific nor the relevant Pro shall be liable to you (or the recipient of the Services) for any injury, loss or damages resulting from the Services that could reasonably have been avoided if you (or the recipient of the Services) had disclosed that information prior to receiving the Services.
4.PRICE AND PAYMENT
4.1. Prices and any applicable processing charges will be as quoted on the Website from time to time, but may be subject to change by Pros at any time (in which case the Website will be updated accordingly, but changes will not affect Accepted Jobs in respect of which you have already been sent a verification email prior to the date the change is published on the Website).
4.2. Prices in relation to Quotes are posted at the Pro’s own discretion. Plentific does not monitor, endorse or recommend the prices posted by Pros via the Website. You accept such Quotes at your own discretion.
4.3. Prices of Services include VAT where applicable unless it is stated otherwise on the relevant page in relation to the relevant Services. It is the Pro’s responsibility to account for any VAT that may be chargeable for the Services and the Pro shall be liable for any VAT invalidly or incorrectly charged.
4.4. The Website contains details of a number of Services and it is possible that, despite Plentific’s best efforts, some of the pricing and other information shown for certain Services is incorrect.
4.5. Once you have accepted a Quote, in order to receive the Services, you must pay the specified deposit amount (the “Deposit”). The Deposit must be paid by using our online payment facility ("Payment Facility").
4.6. Plentific’s payment service provider for the Payment Facility is Leetchi Corp. S.A., trading as MangoPay (“MangoPay”). MangoPay is a company incorporated under Luxembourg law with Luxembourg company number B173459. Leetchi Corp S.A. is a subsidiary of Crédit Mutuel Arkéa and possesses an e-money issuer licence (No:W00000005) as from 10 December 2012 under the laws of the EU and Luxembourg and granted by the Luxembourg CSSF. Please note that by accepting these Customer Terms you are also accepting the MangoPay terms and conditions appended to these Customer Terms at Appendix 1.
4.7. When you create a Plentific Account, we will create a virtual wallet on your behalf held by MangoPay (“wallet”). To pay your Deposit using the Payment Facility you must first transfer funds to your wallet. Following the receipt of funds into your wallet, MangoPay will then debit your wallet and credit the Pro’s wallet with the corresponding amount minus our fees and other expenses. Once the Job has been completed you will transfer the remaining balance of monies owed to the Pro (the “Balance”) either directly to your wallet which we will instruct MangoPay to credit to the Pro’s wallet, or to the Pro directly.
4.8. If payment for an Accepted Job takes place through means other than the Payment Facility (such as cash in hand) then you must promptly inform Plentific of such payment by email at email@example.com.
4.9. You will be responsible for protecting the confidentiality of your Website user ID and any password or other security information used by you to access your Plentific Account or the Payment Facility. Any currency conversion costs or other charges incurred by you in making a payment will be borne by you in addition to the price due to us.
4.10. Plentific takes reasonable care to ensure that the Payment Facility is available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such Payment Facility, nor can we guarantee that the facility is virus or error free. We use third party payment service providers to process payments and because there are many factors beyond our control (such as delays in the banking system or in card networks), we cannot predict or guarantee the amount of time needed to complete the processing of your payment. Access to the Payment Facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to such Payment Facility and will do what we can to restore the facility as soon as reasonably possible.
5.1. In addition to your other legal rights, you may in certain circumstances have the right to cancel a Pro Contract and receive a refund in accordance with the terms set out in this clause 5.
5.2. If you change your mind about an Accepted Job and wish to cancel it, the following cancellation terms apply:
5.2.1. If you cancel an Accepted Job within 14 days of paying your Deposit, provided the applicable Job has not yet taken place, the Pro must refund your Deposit via the original method of payment;
5.2.2.I f you cancel an Accepted Job after 14 days of paying your Deposit, provided the applicable Job has not yet taken place, the Pro must refund your Deposit less a cancellation charge (which will be disclosed to you upon making such cancellation) via the original method of payment; or
5.2.3. If you cancel an Accepted Job and the applicable Job has already commenced, you will not be entitled to a refund of your Deposit.
5.3. Because Plentific is not a party to Pro Contracts between you and the Pro, any dispute or conflict involving an actual or potential Job between you and a Pro, including the quality, condition or safety of the Services, the accuracy of the listing content on the Website, or your ability to pay for an Accepted Job, is solely the responsibility of each Customer. You understand and agree that you may be required to enter into separate Pro Terms and Conditions with a Pro before receiving Services related to an Accepted Job, and such Pro Terms and Conditions may place additional restrictions on your Accepted Job and cancellation or refund procedures.
6. RESOLVING ISSUES
6.1. We care about your experience and want to ensure we maintain the highest standards possible and so if you would like to make a complaint about one of our Pros or their Services, please email us at firstname.lastname@example.org or call us on +44 20 3397 9645 and we'll do our best to help.
6.2. Further or alternatively, if you are unhappy with the Services received from a Pro pursuant to a Job, you can also:
6.2.1. speak to the Pro yourself to try and resolve the issue; and/or
6.2.2. leave an honest review on the Website or via the App to reflect your experience.
6.3. If you are unhappy with the Services received from a Pro and would like a refund of any payments made to that Pro, you may be able to make a claim via the Plentific Guarantee (please see clause 8 below).
6.4. Please do bear in mind that while we take all complaints about our Pros very seriously and will always do what we can to help to resolve them, we are not responsible to you for the Service(s) which the Pros provide and are under no obligation to provide you with a refund in the event you are dissatisfied with Services which you have received from Pros.
7.1. Where we have been negligent, we will be liable for any loss or damage you suffer as a result, provided that loss and/or damage is foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our negligence or breach of contract, or would have been considered by you and us to be a likely consequence of it at the time we entered into these Customer Terms.
7.2. We do not accept any liability for the following types of loss, whether caused by breach of contract, tort (including negligence) or otherwise, even if the loss is foreseeable: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; or waste of management or office time.
7.3. We do not exclude or limit our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under English law.
8. PLENTIFIC INSURANCE BACKED GUARANTEE
8.1. Pros which have been subject to additional due diligence checks by Plentific, or an independent third party (“Verified”) will be covered by insurance for their provision of the Services (the “Plentific Guarantee”). Such Pros will have a ‘Verified Badge’ when displayed on the Website. For the avoidance of doubt, Plentific does not endorse or recommend Pros which have been Verified and Customers should accept Quotes from Pros at their own discretion.
8.2. The Plentific Guarantee will cover, but is not limited to, the following:
8.2.1. deposit protection;
8.2.2. work in progress cover (such as in the event the Pro fails to complete the Services within 42 days of the commencement date as they have ceased trading);
8.2.3. post completion (such as bearing the cost of any defects discovered during the period in which the Pro has ceased trading); and
8.2.4. legal costs.
8.3. No fees will be payable by you in relation to the Plentific Guarantee. Any fees related to the Plentific Guarantee will be paid directly by the Pro.
8.4. For more details about how to make a claim and how the Plentific Guarantee works please follow this link.
9. OUR RIGHT TO VARY THESE CUSTOMER TERMS
9.1. We may revise these Customer Terms from time to time in the following circumstances:
9.1.1. if we change the process for accepting payment from you;
9.1.2. if there are changes in relevant laws and regulatory requirements; and/or
9.1.3. if there are any other changes to our business that reasonably means we need to amend these Customer Terms.
9.2. Every time you order Services via the Website, the Customer Terms in force at that time (and available for view on the Website) will apply. You can find the date on which these Customer Terms were last updated at the top of this page.
10.1. All communications and notices from you must be sent to us by email at email@example.com or by post to: Plentific Ltd, 16-24 Underwood Street, London N1 7JQ. We may communicate and give notice to you via post, email or by posting notices on the Website.
10.2. Please note our customer support hours are: 9.00 am to 6.00pm Monday to Friday, we are close on weekends and Bank Holidays (including Christmas Day and New Years’ Day).
10.3. If any of these Customer Terms are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
10.4. These Customer Terms will be governed by and construed in accordance with the laws of England. You and we each agree that the English courts will have non-exclusive jurisdiction over any claim or dispute arising from, or related to, the ordering and/or supply of Services via the Website.