Terms & Conditions : Contractz

This page tells you the terms and conditions on which you may use our website (www.contract.evolvingdesigns.co.uk) and the services provided on the site (collectively the “Site”), whether as a registered user or guest. Please read these Terms and Conditions (“these Terms”) carefully. Completing the information required for registration and otherwise using the Site signifies your agreement to and acceptance of all of these Terms. If you do not accept these Terms, please do not use the Site.

We follow our Privacy Policy in handling information about you. You can read our policy at www.contract.evolvingdesigns.co.uk/Privacy.php.

About Us

www.contract.evolvingdesigns.co.uk is operated by XXX

Our registered office & trading address is at: XXX

General Terms and Purpose of Site
1. The Site is intended as an online forum to facilitate contact between companies, partnerships, trusts, charities, businesses and other organisations (“Organisations”) who are looking to engage independent, freelance contractors (“Contractors”) under a contract for services (as opposed to an employment contract), and vice versa.
2. Contractz acts, among other things, as a venue for (i) Organisations to advertise freelance contracting opportunities (“Opportunities”) and search for and evaluate Contractors; and (ii) Contractors to post professional profiles and CVs and search for and evaluate Opportunities. Contractz does not screen or censor listings, including profiles posted on the Site. Contractz is not involved in and does not control, the actual transaction between organisations and contractors.
3. Contractz does not introduce Contractors and Organisations, help find Contractors engagements or Organisations suitable candidates. Contractz merely makes the Site available to enable Contractors to identify and determine the suitability of opportunities for themselves and to enable Organisations to identify and determine the suitability of Contractors for themselves.
4. You expressly acknowledge, agree and understand that: (a) the Site is merely a venue where users may advertise their opportunities and their services as a Contractor (respectively); (b) Contractz is not party to the dealings between Organisations and Contractors, including posts, proposals, screening, selection, any contracts or work arrangements entered into, performance and delivery of work, payment of fees, or any other aspect of any relationship initiated as a result of using our Site; (c) Contractz is not party to any service contracts between Organisations and Contractors; (d) Contractz does not, in any way, supervise, direct or control the Contractor or the services rendered by Contractors; (e) Contractz will not have any liability or obligations under or related to any service contracts entered into as a result of using the Site or for any acts or omissions by Organisations, Contractors or other Users; and (f) Contractz makes no representations as to the reliability, capability, authenticity, suitability or qualifications of any Contractor or the quality, security, authenticity or legality of any opportunity posted by an Organisation and Contractz disclaims any and all liability relating thereto.
5. We can withdraw or change our Site at any time without notice to you and without being legally responsible to you.
License to Use Website
1. Registration to the Site is made available for:
  1. Corporate Licence Holders to use within the scope and terms of the licence granted by Contractz (for example: number of users, optional services) that is selected by the Corporate Licence Holder during registration for one or more users managed by the Corporate Licence Holder (“Corporate Licence”); OR
  2. The exclusive use of one individual under a Single User Licence, applied and registered for by the individual and provided for that individual only (“Single User Licence”).
2. We reserve the right to introduce or change the fees we charge for certain registrations from time to time upon reasonable notice to you. We reserve the right to suspend or terminate your use of this Site in the event that you do not pay any fees due to us on time.
3. You must not create an account or provide information on behalf of another person. You agree that if any person uses the Site using your account details, they are authorised to act for you under the terms of the licence granted by Contractz. If you think that your account details have been obtained by someone who should not have them, you should contact us immediately. If you use the Site on behalf of any third party including Corporate Licence Holders, you represent and warrant that you are entitled to do so under that third party’s licence, are authorised to bind such third party to these Terms and to act on behalf of such third party with respect to any actions you take in connection with the Site. You agree to respond promptly and completely to requests from us for additional information that we deem necessary to determine your authority to act on behalf of a third party, company or organisation. We may suspend or terminate access to the Site and your account or the user’s account if we have reason to believe that you are not authorised to act on behalf of the third party for whom you claim to be acting in connection with the Site.
4. You are not permitted to reproduce, sell, rent or sub-license any material from the Site, without Contractz’s express written permission.
Eligibility to be a Registered User
1. Only qualifying individuals may apply to be a registered user of the Site (“User”). You are a qualifying individual if:
  1. Nothing in law or otherwise prevents you from accepting and being bound by these Terms
  2. You are not a minor, an undischarged bankrupt, charged with an offence carrying the possibility of a custodial sentence, serving a sentence for a criminal offence or mentally incapable
  3. You are not acting as a third party or intermediary between Contractors and Organisations for commercial purpose
Registration
1. Corporate Licence Holders undertake to manage the individuals who are authorised to access the Site on behalf of the Corporate Licence Holders. Each individual user must be registered.
2. In the case of a Single User Licence, the Site may only be used by an individual who completes the online registration process to become an authorised user of the Site that has been accepted and approved by Contractz.
3. You agree to provide true, current, complete and accurate information about yourself and, if relevant, the organisation for which you work as a User through the online registration process and your profile on the Site and agree to maintain and update your profile as necessary to keep such information true, current, complete and accurate. You agree to notify Contractz of any changes which are relevant to your registration. We may request such identification documents or other information as we shall determine. If you do not provide such documents or information, we may suspend or stop your account. If you submit any information that is false or deliberately misleading, we may suspend your use of this Site, or stop it completely.
User Access to the Site
1. A: User Personal Login and Password. When you are accepted as a User, and in order to use certain areas and features of the Site, Contractz provides you with your own unique login and password to create an account (your “Account”). You are only allowed to access and use the Site through your Account. You agree it is your responsibility to change your password on receipt and to maintain the security of your Account. You must treat all identification codes, passwords and other security information as confidential. You shall not share your login credentials with any other party. If we think you have failed to keep confidentiality, we reserve the right to disable any security information (including your passwords and codes). You must not create accounts with the Site through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
2. B: Security: You are responsible, for any and all activities which occur under your Account, including any and all activities of any person you authorise to use your Account. You agree to immediately notify Contractz of any unauthorised use of the Site or your Account or any other breach of security known to you. You agree to indemnify and keep Contractz fully and effectively indemnified against any loss or damage arising from all use of your Account.
Confidential Information
1. All information provided to you by Contractz is confidential and shall not be disclosed to any third party without Contractz’s prior written consent. You further agree not to use any such information other than for the purposes that it is provided to you. To the extent an Organisation or Contractor provides confidential information (“Confidential Information”) to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, and will (a) not disclose or permit others to disclose another’s Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information (unless required by law); (b) not use or permit the use of another’s Confidential Information, except as necessary for the performance of any services provided to the other (including, without limitation, the storage or transmission of Confidential Information on or through the Site for use by Contractor); and (c) limit access to another’s Confidential Information to its personnel who need to know such information for the performance of Contractor Services.
Proprietary Rights and Intellectual Property
1. The Site contains trademarks, material that is copyrighted and other proprietary material belonging to Contractz, our licensors, users of the Site and other third parties. The material includes but is not limited to text, data, photos, graphics and other images, software, audio and video files, and the services provided by us. You should assume that everything you see or read and everything available on the Site is protected by intellectual property rights. The compilation (meaning the collections, arrangement and assembly) of all content on Contractz’s Site is the exclusive property of Contractz and is protected by copyright, trademark and other laws.
2. You grant Contractz a non-exclusive and worldwide license to incorporate any or all information (such as profile pictures) or content provided or posted by you on or through the Site to reproduce, distribute, sub-license, modify, edit, adapt, publicly display, or otherwise exploit all or any portion of this material, including to other Users (in line with our Privacy Policy).You waive all rights to any claim against Contractz for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights, and rights of attribution in connection with the material, and you acknowledge and agree that you are not entitled to receive any compensation for any material that you submit, upload, or transmit in connection with our Site. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any content does not place us in a position that is any different from the position held by members of the general public.
3. Except only as expressly stated in writing by Contractz or as otherwise permitted by law, the contents of the Site may not be used, modified, copied, distributed, framed, reproduced, republished, downloaded, decompiled, disassembled, displayed, posted, transmitted or sold in any form or by any means, in whole or in part.
4. You are not permitted to offer or resell or sub-licence any of the content or material on the Site. You are not permitted to access the Site in order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to the Site Services.
5. Any code that Contractz creates to generate or display any content or the pages making up the Site is also protected by copyright and you may not copy or adapt such code subject to applicable law.
User Content
1. User content means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Site, for whatever purpose. If you contact other users of our Site or upload user content to it, you must follow these Terms. You agree to reimburse and indemnify us for any costs or expenses we incur as a result of any breach of this term.
2. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights (including, without limitation, privacy rights, publicity rights, copyright, trademark and/or other intellectual property rights), and must not be capable of giving rise to legal action whether against you or Contractz or a third party (in each case under applicable law). You agree that if anyone else claims to own your user content, or says that it breaches their rights, we can remove that content from the Site and we can give them your identity.
3. You must not submit any user content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
4. Contractz reserves the right to edit or remove any material submitted to this Site, or stored on Contractz’s servers, or hosted or published upon this Site. Contractz will not be legally responsible to anybody for the accuracy of material that Users upload to the Site, and we can remove it at any time if we think it doesn't follow our content standards. Notwithstanding Contractz’s rights under these Terms in relation to user content, Contractz does not undertake to monitor the submission of such content to, or the publication of such content on, the Site.
5. Contractz will only use or disclose user content you post to any non-public area of the Site to the extent necessary to provide the Site (which includes its services) to you as further described in our Privacy Policy.
Acceptable Use
1. In using the Site, you agree not to: (i) disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Service, the Site or affiliating or linked sites; (ii) disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; (iii) upload, post, or otherwise transmit through or on the Site, any viruses, spyware, or other harmful, disruptive, or destructive files or disabling devices; (iv) take any action that imposes an unreasonable or disproportionately large load on Contractz’s infrastructure; (v) transmit through or on the the Site, any spam, chain letters, junk mail or any other any other type of unsolicited bulk email to users or individuals that have not agreed to received such mailings; (vi) use or attempt to use another users account or create or use a false identify on the Site; (vii) disclose your login or password to third parties or use your Account for any unauthorised purpose.; (viii) attempt to obtain unauthorised access to any part of the Site which you are restricted from accessing; (ix) extract, collect or harvest, through electronic means or otherwise, any data or data fields from the Site including without limitation identities of other users not known to you by normal use; (x) post or otherwise disseminate on or through the Site: (a) unlawful, defamatory, discriminatory, harassing, libellous, tortious, abusive, offensive, threatening or obscene communications or materials of any kind, or promote products, services, violence or material that is sexually explicit or advertise sexual services or seek Contractors for opportunities of a sexual nature; (b) materials that infringe or violate any third party’s copyright, trademark, right of publicity, patent, trade secret, or privacy or other proprietary, property, or legal right; or (c) materials that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable law or regulation or that are otherwise objectionable (which may be determined by Contractz) including, without limitation, content that evidences bigotry, racism, sexism or hatred or that promotes illegal activities or physical harm against anyone; (xi) posts requests in the Site in an attempt to gather information for competitive advantage or use by any third party, or impersonate anyone or misrepresent anyone’s identity; and (xii) use or attempt to use the Site as a vehicle to communicate on behalf of competitors, with Contractz’s customers, or suppliers, or suppliers about price, supply, availability, terms of service, or any other competitively sensitive topic; (xiii) use or attempt to use the Site to act as a third party between Contractors and Organisations for financial and commercial benefit; (xiv) promote ‘get rich quick’ pyramid selling or network-marketing opportunities; or (xv) promote any opportunity that is not genuine, or post anything that contains requirements or criteria that are not a legal or genuine requirement of the opportunity for which you want a Contractor to render their services.
2. If you do anything which is a criminal offence under the Computer Misuse Act 1990, your right to use the Site will end immediately. We will report you to the relevant authorities and give them your identity. Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material. You must not try to get access to our Site or server or any connected database or make any 'attack' on the Site. We will not be legally responsible to you for any damage from viruses or other harmful material that you pick up via our Site.
Restricted Access
1. Contractz reserves the right to restrict access to areas of this Site, or indeed the entire Site, at Contractz’s discretion.
2. If Contractz provides you with a user ID and password to enable you to access restricted areas of this Site or other content or services, you must ensure that the user ID and password are kept confidential.
No Warranties
1. This Site and the information and materials provided on the Site are provided ‘as is’ and, as far as legally possible, without any representations or warranties, expressed or implied.
2. Without prejudice to the generality of the foregoing paragraph, Contractz does not warrant that:
  1. This Site will be constantly available, or available at all; or
  2. The information on this Site is error-free, complete, true, accurate or non-misleading.
3. Nothing on this Site constitutes, or is meant to constitute, advice of any kind and you should not rely on any content on the Site. Contractz excludes all legal responsibility and costs for reliance placed on the Site by anyone. If you require advice in relation to any legal or financial matter you should consult the appropriate professional.
4. Contractz does not warrant that Contractors will be awarded contracts through the Site or that Organisations will find suitable Contractors through the Site.
Limitations of Liability
1. Contractz will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, the Site:
  1. For any loss to you arising from use of our Site;
  2. For any indirect, special or consequential loss;
  3. For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information and data, whether or not such loss is foreseeable, foreseen or known;
  4. For viruses or other malicious software obtained by accessing the Site;
  5. For glitches, bugs, errors, or inaccuracies of any kind in the Site or in the information obtained from it;
  6. For a suspension or other action taken with respect to your Account; or
  7. For your need to modify practices, content, or behaviour or its loss of or inability to do business, as a result of changes to these Terms.
2. Subject to the exceptions stated below, Contractz’s total liability to you in respect of your use of the Site and any services made available on the Site, is limited to the total amount paid by you for registration fees associated with your use of the Site during the previous twelve month period giving rise to the claim or £5,000, whichever is the greater.
Exceptions
1. Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these Terms will exclude or limit Contractz’s liability in respect of any:
  1. Death or personal injury caused by Contractz’s negligence;
  2. Fraud or fraudulent misrepresentation on the part of Contractz; or
  3. Any matter which it would be illegal or unlawful for Contractz to exclude or limit, or attempt or purport to exclude or limit, its liability.
Reasonableness
1. By using this Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable.
2. If you do not think they are reasonable, you must not use the Site.
Other Parties
1. You accept that, as a limited liability entity, Contractz has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Contractz’s officers or employees in respect of any losses you suffer in connection with the Site.
2. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms will protect Contractz’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Contractz.
Indemnity
1. You hereby indemnify Contractz and undertake to keep Contractz indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Contractz to a third party in settlement of a claim or dispute on the advice of Contractz’s legal advisers) incurred or suffered by Contractz arising out of any breach by you of any provision of these Terms.
Breaches of These Terms and Conditions
1. Without prejudice to Contractz’s other rights under these Terms, if you breach these Terms in any way, Contractz may take such actions as Contractz deems appropriate to deal with the breach, including temporarily or permanently suspending or terminating your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site, removing material you have posted on the Site, sending you a warning, informing authorities of your actions, and/or bringing court proceedings against you.
Variation
1. Contractz may revise these Terms from time to time. Revised terms and conditions will apply to the use of the Site from the date of the publication of the revised terms and conditions on this Site. Please check this page regularly to ensure you are familiar with the current version. You use of the Site after any revised terms have been posted constitutes your agreement to those terms.
Assignment
1. Contractz may transfer, assign, sub-contract or otherwise deal with Contractz’s rights and/or obligations under these Terms without notifying you or obtaining your consent.
2. You may not transfer, assign, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
Severability
1. If a provision in these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement
1. These Terms constitute the entire agreement between you and Contractz in relation to your use of this Site, and supersede all previous agreements between us in respect of your use of this Site.
Law and Jurisdiction
1. These Terms will be governed by and construed in accordance with English law, and any disputes relating to these Terms will be subject to the exclusive jurisdiction of the English courts.
Links To or From Other Websites
1. The Site may from time to time contain links to other websites or other internet information sources (“third party sources”). These links are provided for information and as a convenience and do not constitute an affiliation with such Third Party Sources or third parties, or an endorsement, sponsorship or recommendation by Contractz of – or make Contractz responsible for – (i) the third parties, (iii) the linked Third Party Sources, or (iii) any content, services or products available on or through such Third Party Sources, or for any loss suffered by you from using them.
2. You are allowed to make a legal link to our Site’s homepage from your website if the content on your website meets the acceptable content standards set out in these Terms. We can end this permission at any time. You must not suggest any endorsement by us or association with us unless we agree in writing.
Additional Terms for Contractors
1. To use the Site, you must have and hereby represent that you have, an independent business (whether it be as a self-employed individual / sole proprietor or as a corporation or other entity) and further represent that you intend to use the Site for your business purposes only.
2. You represent and warrant that you use your profile to market yourself and your services to Organisations with the purpose of entering into independent contractor relationships with them.
3. You expressly acknowledge, agree and understand that you are not an employee of Contractz and Contractz does not, in any way, supervise, direct or control you or the services provided by you to Organisations.
4. When you register with Contractz, you will be asked to create an account and provide Contractz with certain information including, without limitation, a valid email address.
5. You acknowledge and agree that you are solely responsible for the form, content and accuracy of information or material contained therein placed by you on the Site. By uploading your CV on the Site you agree that we may also store and share your CV and profile details with Organisations registered with Contractz. You should be aware (subject to the contact details you provide) that you may be contacted directly by organisations by email, post or telephone.
6. Contractz does not guarantee that by subscribing to the Site you will secure an opportunity. Contractz is a merely a tool that will enhance your visibility to organisations looking to engage Contractors.
7. You understand and acknowledge that you have no ownership rights in your Account and if you cancel your Account or your Account is terminated, all your Account information, including CVs, profiles, saved contract submissions and so forth may be deleted from Contractz’s databases. Content removed from the Site may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, we encourage you to maintain your own backup of your content. We will not be liable to you for any modification, suspension, or discontinuation of the Site, or the loss of any information you have provided or obtained through the Site.
Additional Terms for Organisations
1. On receipt by Contractz of your submitted information via our online form, email, telephone agreement or Contract, you will be deemed to have accepted these Terms, and will be granted access (subject to receiving payment) to any parts of our Site that are restricted to registered users, in accordance with these Terms. You also agree that all of the information you supply to us is correct, truthful and complete. You agree to inform us by email, telephone or post of any changes to any of the information supplied by you to us. We reserve the right to terminate these Terms in the event that any of the information provided by you to Contractz, is no longer current or accurate or in the event that you are in breach of these Terms.
2. Contractz will take reasonable steps to provide a reliable service to you. However, Contractz cannot guarantee the accuracy or authenticity of any of the Contractor profiles appearing on the Site. You acknowledge and accept that this is beyond our control, and refund cannot be given in the event of any loss you suffer as a result of untruthful information being submitted by Contractors.
3. You shall use the Site in accordance with all applicable privacy and data protection laws. You agree not to disclose any information provided by the Contractors to any third parties, or those not directly related to the contracting process in question and always in accordance with our Privacy Policy. You shall take appropriate physical, technical and administrative measures to protect the data you have obtained from Contractors from loss, misuse, unauthorised access, disclosure, alteration and destruction.
4. Reselling of information made available through the Site, including Contractor profiles, by recruitment agencies / flat fee companies to other organisations for commercial purpose is strictly forbidden. Legal action may be taken against you.
5. Downloading or harvesting Contractz database, wholly or in part, for any reason other than tendering a current contract is strictly forbidden and will result in the immediate cancellation of your Account, without refund. Legal action may be taken against you.
6. Contacting Contractors via email or other means, for any reason other than contract tender / submission, is strictly forbidden.
7. You agree to deal fairly and professionally with Contractors who may respond to an opportunity you have posted and not do anything which may bring Contractz into disrepute. You will indemnify us from and against any claim brought by an individual against Contractz arising from your breach of this obligation or any other of these Terms.
8. Contractz does not guarantee any response to your advertisement or that response provided will be from Contractors suitable for the opportunity. It is your responsibility to carry out checks and procedures as are necessary to ensure that Contractors are suitable for the opportunity advertised and have the required qualifications, experience, skills and personal characteristics.
9. You understand and acknowledge that if you or we cancel your Account, all your Account information, including saved CVs, network contacts and email mailing lists, may be deleted from Contractz’s databases. Content removed from the Site may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, we encourage you to maintain your own backup of this content. We will not be liable to you for any modification, suspension, or discontinuation of the Site, or the loss of any information you have provided or obtained through the Site
10. A contract advert may not contain:
  1. Misleading, unreadable or ‘hidden’ keywords, repeated keywords or keywords that are irrelevant to the Contract being presented, as determined in Contractz’s reasonable discretion
  2. More than one contract or contract description, more than one location or more than one Professional Group category
  3. A call-off contract or framework contract type of engagement
  4. Inaccurate, false or misleading information
  5. Any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity or sales representative agency arrangement
  6. Any business opportunity that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents
  7. Endorse a particular political party, political agenda, political position or issue;
  8. Promote a particular religion or otherwise discriminate on any level without legal grounds to do so.

Contact Us

Please email us at service@evolvingdesigns.com to contact us about any issues you encounter with our Site.

Terms & Conditions : For Using Our Site & Service