These terms and conditions (“Terms and Conditions”) contain information about NERDBOX (defined below as “NERDBOX” and also referred to hereinafter as “we”, “us”, “our” or “ours”, as the context requires) and form the legal agreement between you and us for the use of the Nerdbox Customer Portal and Service. Please read this document carefully.
HOW THE SERVICE WORKS
NERDBOX provides a service that connects customers (“you” or “Customer”) who require technology solutions (repairs and installations) to be performed, with service providers who are willing to perform those Jobs (“Service Providers” or “Techsperts”).
You connect with Service Providers by booking Jobs on the Customer Website, which are then assigned to Service Providers who operate in your geographical area and whose services match your requirements via the Service Provider Website.
Once a Job has been completed, it will be your responsibility, as a Service Provider to collect payment from the User.
NERDBOX will plan to take a service fee (which is deducted from such payment) for: (i) introducing the parties; (ii) vetting and maintaining a network of reputable and competent Service Providers; and (iii) maintaining and developing the marketplace technology/platform. This service fee is taken at the same time payment is made to a Service Provider. NERDBOX does not accept cash payments.
The payment service will be live in due course, but currently the payment is made in full by the user to the Service Provider
NERDBOX is not an employer of Service Providers or contracting agency and operates purely as a facilitator of the service transaction between you and the Service Provider by operating the Customer Website and the Service Provider Website.
No contract exists between NERDBOX and you for the fulfilment of the Jobs and NERDBOX has no control over the conduct of Service Providers nor the satisfactory completion of a Job, which is solely determined between the parties.
You acknowledge that when you book a Job with NERDBOX you will be entering into a direct contract with the Service Provider. The terms of the contract entered into are set out below. However, the Customer and Service Provider are free to alter or modify such terms as they wish by mutual, express agreement. NERDBOX is not a party to agreements entered into between you and the Service Providers.
It is a condition of use of this platform that you acknowledge you have complete control over your own conduct and NERDBOX disclaims all liability in this regard.
In this Agreement, the following terms shall have the following meanings prescribed to them:
“Applicable Data Protection Laws” means (i) until 24 May 2018, the Data Protection Act 1998, or (ii) from 25 May 2018 onwards, Regulation (EU) 2016/679 of the European Parliament on the protection of natural persons with regard to the processing of personal data and any act of UK parliament which brings this into force.
“Additional Payment” means payment due to the Service Provider in respect of Additional Works and/or Costs and Expenses.
“Additional Services” means other services separate from, and other than those required to complete, the Job.
“Additional Work” means work the Service Provider deems necessary in order to perform the Job but which goes beyond the scope of the original Job booked on the Customer Website.
“NERDBOX” is a trading name of Cofoundery Enterprise 47 Ltd incorporated in England and Wales (Company number 11113126)
“Costs and Expenses” means costs and expenses incurred by a Service Provider in acquiring materials, parts and/or, supplies (but for the avoidance of doubt not tools) that are, in the opinion of the Service Provider, necessary for completion of the Job and which are not included in the fee stated when booking the Job.
“Customer Website/Portal” means any website or mobile application or other interface which is owned by NERDBOX (including but not limited to www.nerd-box.com );
“Dispute” means a disagreement between you and a Service Provider that a Job has not been satisfactorily described or completed.
“Job” means the work requested by you on the Customer Website.
“Parties” means collectively you and the Service Provider.
“Payment Service” means any third party payment providers.
“Premises” means your premises where the Job is being fulfilled.
USE OF THE CUSTOMER WEBSITE
A core purpose of the Customer Website is to enable you to register your interest in booking Jobs and to connect you with suitably qualified Service Providers to carry out those Jobs. The Customer Website is not for use by anyone who does not intend to browse through Services and book a Job. You therefore agree that you will not in any circumstance use the Customer Website for any purpose other than book a Job or browse through Services in good faith for the purpose of booking a Job then or at some point in the future.
We make no warranty that any part of the Customer Website will operate uninterrupted or error free and we accept no liability for loss or damage caused from any interruption or error in any part of the Customer Website.
As a Customer using the Customer Website you:
must be 18 years old or older; and
to register details to our Customer Website for your personal or business use only;
not to authorise others to register your details on your behalf;
to register only one Account per person; and
to be responsible for keeping any of your details confidential.
The Customer Website is intended to be used in the United Kingdom only and as a Customer you may only book Jobs that are to be completed within the United Kingdom.
We reserve the right to:
refuse to provide access to the Customer Website to any individual, business or other entity at any time without explanation, consequence or liability; and
remove a service from the Customer Website with no obligation to give advance notice, and NERDBOX shall not be liable for losses, costs or expenses arising from any such refusal or removal.
You assume all risk when using the Customer Website, including, but not limited to, any risks associated with interacting with other people. You acknowledge that NERDBOX is not able to guarantee the accuracy of information provided to you by other people and that you should confirm such information to your own satisfaction before you engage with them.
Whilst NERDBOX takes reasonable care in screening Service Providers, you are solely responsible for taking appropriate safety precautions in connection with your use of the Customer Website and the engagement of a Service Provider. You agree not to use the Customer Website in any unlawful manner and in particular you shall not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;
publish, book, upload, distribute or disseminate (“Post”) any inappropriate, defamatory, abusive, infringing, obscene, discriminatory or otherwise unlawful material;
post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any person;
cause the Customer Website or any part of it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Customer Website is in any way impaired; or
restrict or inhibit any other user from using and enjoying the Customer Website.
Whilst we take steps to prevent misuse of our systems, we cannot warrant that the Customer Website will be free of viruses or other malicious code or content and accept no liability for loss or damage caused from the transmission of such content or code.
CARRYING OUT JOBS
NERDBOX will make suitable Service Providers in your geographical area aware of the Job you booked together with details of your requested date and time for it to be carried out. Your contact details and full address will be kept confidential until a Service Provider accepts your Job.
A Service Provider may accept or reject the Job and we do not guarantee that you will receive a response to a booked Job or that responses will meet the requirements you have specified. We may notify you if there are no suitable Service Providers operating in your area who are able to carry out your Job. At the point a Service Provider accepts the Job your information (including name and details of the Premises) will be provided to them.
NERDBOX shall have no liability in the event that a Service Provider who accepted the Job is unable or unwilling to fulfil the Job at the requested time.
You agree to treat the Service Provider with respect whilst completing the Job and be polite and courteous in your dealings with them.
You agree to move all furniture and items to enable the Service Provider to have clear access to the Premises and for carrying out the Job.
Notwithstanding any rights you may have to cancel any Jobs under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Protection (Distance Selling) Regulations 2000 (or any replacement thereto) you may cancel:
a ‘future’ Job via the Customer Website not less than 24 hours prior to the date on which a Job is scheduled to be commenced; and
a ‘now’ Job via the Customer Website within 3 hours of booking the Job,
However, you may not cancel any Jobs without being liable for a cancellation fee:
where at your express request, it has begun to be provided; or
where you have not complied with the cancellation provisions at clause 8.1 above.
The amount payable in respect of the cancellation fee will depend upon the time of cancellation and the type of Job booked.
If the Service Provider arrives at the Premises and is unable to contact you or gain access to the Premises they will message and attempt to contact you for 20 minutes, after which you will be charged either
the minimum number of hours for the Job; or
the fixed Job price (as applicable) and the Job will be cancelled.
DISPUTES AND DISPUTE RESOLUTION
If you are not satisfied that a Service Provider has completed the Job to the performance and/or quality that you may reasonably expect, you may initiate a Dispute with the Service Provider. In order for NERDBOX to intervene as a mediator, this must be done within 2 days of the Job having been completed (or purported to be completed) by the Service Provider.
Subject to clause 10.4 below, NERDBOX will not take part in a Dispute other than as a mediator.
In the event of a Dispute the Parties hereby agree to act at all times reasonably and in good faith, to negotiate a settlement and hereby recognise that the responsibility for reaching a mutually agreed settlement lies between them. You acknowledge NERDBOX is entitled to provide your details to the Service Provider in order to find a resolution, and may provide you with the Service Provider’s details. You agree to keep any information provided to you, about the Service Provider under the terms of this Agreement, confidential and only use it for the proper purpose.
If NERDBOX has been notified of the Dispute within 2 days of the Job being completed, and only if the Parties cannot reach resolution between themselves (having used all reasonable attempts to do so), the Dispute can be escalated to NERDBOX by either party and we will offer a recommendation for settlement of the Dispute.
The Parties shall at all times comply with all reasonable requests from NERDBOX for the supply of information to support NERDBOX in proposing a resolution to the Dispute. The Parties are under no obligation to accept any recommendation from NERDBOX, unless agreed in advance.
If NERDBOX has been unable to resolve a complaint that you make within eight weeks you can address your complaint to The Retail Ombudsman.
The Retail Ombudsman is an independent organisation specialising in providing an alternative dispute resolution service for consumers and retailers. As a member of the organisation, we are bound by their code of practice. The Retail Ombudsman they can be contacted via:
If you suffer loss or damage to your Premises or your contents or to any service connected to it and attributes the loss or damage to a Service Provider, in the first instance the Parties should try to resolve who should be responsible for such loss or damage between themselves.
You agree that you will not accuse the Service Provider of damaging property which was already damaged in any way or was damaged by a third party.
Subject to clause 11.3 in no event shall NERDBOX be liable to either party for any direct, indirect, consequential, special or punitive loss arising out of the engagement by you of a Service Provider to carry out a Job and to the extent that we may be liable under these Terms and Conditions or at law. Our maximum liability shall be limited to the service fee that we receive (or were expected to receive) in relation to the Job to which the loss or damage relates.
Notwithstanding any other provision, nothing in these Terms and Conditions shall exclude or limit either your or our liability for death or personal injury caused by your or our (as the case may be) negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
If you are dissatisfied with the Customer Website, or these Terms and Conditions, your sole remedy shall be to discontinue use of the Customer Website.
Other than as set out above in this clause 11, and notwithstanding any other provision of these Terms and Conditions, we shall not be liable to you or to any third party acting on your behalf, whether in contract, tort, negligence, statutory duty, misrepresentation or otherwise, for any special, indirect or consequential loss, cost, expense, fine or damage whatsoever arising from or in any way connected with these Terms and Conditions including but not limited to loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into these Terms and Conditions by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.
Each of the provisions of this clause 11 shall be construed separately and independently of the others.
Payment for a Job is taken when the Service Provider completes the Job
The minimum price for the Job shall be charged in full regardless if the time spent by a Service Provider in doing the Job is less than this.
You agree to hold sufficient funds in your account to pay the final amount as it becomes due and will not request Job(s) unless you can pay for these. We may, at our sole discretion, not allow you to book a Job if we are outstanding the payment for a prior Job.
In the event you pay cash to the Service Provider for Additional Works and/or Costs or Expenses:
we advise you obtain a receipt for all monies paid; and
such Additional Works and payment will not be covered by these Terms and Conditions.
You agree not to offer jobs (or accept offers) privately to Service Providers you have previously engaged with through NERDBOX.
In the event you do request a Service Provider undertakes work (other than Additional Work) outside of the Customer Website, NERDBOX:
reserves the right to terminate your access to the Customer Website; and
will not be able to mediate on any disputes in respect thereof, and
you will not benefit from the protection offered via these Terms and Conditions in respect thereof.
If you engage with a Service Provider who you feel has acted in an inappropriate way towards you, including but not limited to offensive, violent or sexually inappropriate behaviour you should immediately make a report to the appropriate authorities and then to NERDBOX at firstname.lastname@example.org quoting the name and location stated in the details of the Job. Your report may cause us to investigate such behaviour but we are not obligated to take action beyond that which is required by law, and we will not incur any additional liability or expense.
We process your data responsibly in line with the Applicable Data Protection Laws.
If any term or condition of these Terms and Conditions is held to be illegal or unenforceable such provisions shall be severed and the remainder of these Terms and Conditions shall remain in full force and effect unless the business purpose of these Terms and Conditions is substantially frustrated, in which case it shall terminate without giving rise to further liability.
You may not assign or transfer any of your rights hereunder without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.
These Terms and Conditions constitutes the entire agreement as to its subject matter and supersedes and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.
You acknowledge that you have placed no reliance on any representation made but not set out expressly in these Terms and Conditions.
Any notice to be given under these Terms and Conditions may be given via email, regular mail, or by hand to the address provided through registration via or the Customer Website.
Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.
Notwithstanding any other provision in these Terms and Conditions a person who is not a party hereto has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce the terms of these Terms and Conditions.
These Terms and Conditions shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.