Privacy Statement and the Data Protection Act 1998
We will treat all your personal information as private and confidential, except where disclosure is made at your request or with
your consent or where we are required by law to disclose.
We will use your information for the purposes of administration and general statistical and management information and to identify
suppliers that might meet your needs (in the case of buyers) and work orders that might fit your skills and abilities (in the case of
Except where OrderWork Limited is required to disclose by law, we will treat all your information as confidential and will not
disclose any such information except where a disclosure is made at your request or with your consent.
Where necessary for the above purposes you consent to our processing data that is defined as sensitive by the Data Protection Act.
OrderWork Limited, its agents and sub-contractors will apply appropriate technical and organisational measures against the
unauthorised processing of personal data and against accidental loss of, or damage to personal data. By providing your data you agree
to your data being used and transferred as stated above.
We may wish to contact you by mail, telephone, email or fax about forthcoming events or site enhancements which may interest you.
Any individual (eg a supplier’s technician) has the right to ask for a copy of their information (subject to a £10 fee). Please write to:
The Data Protection Officer, OrderWork Ltd, Building 3, Chiswick Park, 566 Chiswick High Road, London, W4 5YA.
We also obtain data and information by using cookies. A cookie is a piece of software that is placed on your computer's hard drive. A
cookie helps analyses web traffic or lets us know when users visit a particular web page. Cookies allow web applications to respond to
you as an individual user. The web application can tailor its operations to your needs by gathering and remembering information about your
preferences. We only use this information for statistical analysis purposes and then the data is removed from the system.
A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You may
disable the cookie function in your browser should you choose to do so.
The User Agreement ("User Agreement")
The services available at http://www.orderwork.co.uk
are provided by OrderWork Ltd (Registered No:
05662167), of 145-157 St John St, London EC1V 4PY ("OrderWork", "we", "us" or "our").
You are a user ("User") of our services. This User Agreement describes the terms and conditions applicable to your use of our services (the
“Services”) available under the domain and sub-domains at http://www.orderwork.co.uk (the "Site").
If you do not agree to be bound by this User Agreement, you may not use or access our services. We provide services to people who need
Services work carried out (“Buyers”) and those who have resources available to carry out work (“Suppliers”). The acceptance of this Agreement
by ticking the box means that you agree to be legally bound by all of the terms and condition s in this Agreement, as related to Buyers and
Suppliers, as the case may be.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions
expressly set out below and those incorporated by reference, before you may become a user of the Site.
We may amend this User Agreement at any time by giving you notice ("Notice") by either e-mail or by posting the amended User Agreement on the Site.
Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the
amended User Agreement after the expiry of 14 days following the date of a Notice. No other amendment to this User Agreement will be effective.
Please note that different notice provisions apply to our Fees and Credit policy as set out below.
The OrderWork Site is designed to be used within the United Kingdom (“ UK”) only. Use of the Site for any activity outside of the UK is prohibited
Information on the Site is restricted for the sole purpose of obtaining the Services. Any other use, commercial or personal, is prohibited.
This User Agreement describes the terms and conditions applicable to your use of our Services available under the domain and sub-domains of the Site
and the general principles for the web sites of our other divisions or subsidiaries as they may exist. If you do not agree to be bound by the terms
and conditions of this User Agreement, please do not use or access our Services.
Eligibility to use our services
Our Services are available only to corporate or other entities, or individuals who can form legally binding contracts under applicable law. Without
limiting the foregoing, our Services are not available to minors, to anyone under 18 years of age, or to temporarily or indefinitely suspended OrderWork
members. If you do not qualify, please do not use our Services. Further, your OrderWork 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 this User Agreement.
Services and Fees
We provide a range of Services that include the ability for Buyers to list work on our website for Suppliers to bid on or accept, and for OrderWork to carry
out work on behalf of Buyers using the OrderWork network of Suppliers. Each of these Services has applicable fees (the “Fees”) and we may change our Fees and
credit policy from time to time. Our changes to the policy are effective immediately upon posting on the Site. We may in our sole discretion change some or
all of our Services at any time and the Fees associated with them. In the event that we introduce a new service, the Fees for that service will be effective
at the launch of the service.
All Fees are quoted in GB Pounds Sterling. You are responsible for paying all Fees associated with using our Services and Site and all applicable taxes,
such as VAT, if any.
We do not control the information provided by other Users that is made available through our Site. You may find their information to be harmful, inaccurate
or deceptive. Please use caution, common sense, and safe business practices when using our Site
Third-party links and content
Links contained on the Site may cause a User to leave the Site. Any linked websites are not under the control of OrderWork and OrderWork is not responsible
for the contents of any linked website or information contained in a linked website, or any changes or updates to such website . OrderWork provides these
links from the Site only as a convenience, and the inclusion of any link does not imply any endorsement of the website or any of its contents. All Users'
use of materials and information in third-party websites is at their own risk.
"Your Content" means any information you provide to us or make available to other Users which is designated as being publicly available content for
use on the Site. You are solely responsible for Your Content, and we act as a passive conduit for your online distribution and publication of Your
Your Content, any information you provide to other Users and your activities on the Site must not:
be false, inaccurate or misleading
be fraudulent or relate to the provision of services for which you are not qualified
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, libelous, 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
link directly or indirectly to or include descriptions of goods or services that are prohibited under this User Agreement, or
consummate any transaction that was initiated using our Site that, by paying to us any Fees could cause us to break any applicable law or regulation.
To enable OrderWork to use Your Content, you grant us a non-exclusive, world-wide, perpetual, irrevocable, fully paid-up, sub-licensable (through multiple tiers) licence
to exercise the copyright, trade mark, publicity, and database rights you have in Your Content, in any media now known or not currently known. You also waive all moral
rights you have in Your Content to the fullest extent permitted by law.
All data derived or collected by OrderWork from our Site, including but not limited to statistical information, IP addresses, or other relevant data shall belong to
OrderWork and you agree that OrderWork shall have the right to use such data as it determines in its sole discretion. This includes the right to display industry
affiliations, certifications and / or preferred provider network logos, where appropriate on the Site or in User profiles.
Access and interference
Our Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages
or the content contained herein without our prior written consent.
You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of
the Site or any activities conducted on our Site.
You acknowledge that our Site and our Services are protected by our intellectual property rights. You will not take any action which might infringe those intellectual
You agree to receive all email/electronic transmissions sent by OrderWork in connection with or relating to the Site or our Services. You also agree that OrderWork may
notify you of available Work Order(s), or Work Order updates by telephone, including automated message(s), using the telephone number(s) provided by you in your registration
Much of the information on our site is updated on a real-time basis and is proprietary or is licensed to OrderWork by our Users or third parties. You agree that you will not
copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior written consent of
OrderWork or the appropriate third party.
Without limiting other remedies, we may limit your activity on the Site, immediately remove you from the Site, warn our community of your actions, issue a warning, temporarily
suspend, indefinitely suspend or terminate your membership and refuse to provide our Services to you if:
you breach this Agreement or the documents it incorporates by reference
You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any
activities conducted on our Site.
we are unable to verify or authenticate any information you provide to us, or
we believe that your actions may cause any loss or liability for you, our Users or us.
We view protection of Users' privacy as a very important principle. Please note that your personal information will be stored and processed on our computers and OrderWork
will use reasonable endeavors to hold and transmit such information in a safe, confidential and secure environment in compliance with United Kingdom data protection laws.
If you object to your information being transferred or used in this way please do not register.
We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and
operation of the Site may be interfered with by numerous factors outside of our control. Our Site and our Services are provided "as is" and as and when available, and to the
extent permissible by law 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.
If the delivery of our Services is delayed, prevented or otherwise made impracticable by reason of any acts of God, floods, earthquakes, or other natural catastrophes; national
emergencies, strikes, lockouts or other labour difficulties; computer "hacking" attack or computer virus; any law, order, regulation or other action of any governing authority;
or any other cause beyond OrderWork's reasonable control, OrderWork shall be excused from such delivery to the extent that its delay is prevented by such cause.
OrderWork limit of liability
Nothing in this User Agreement 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 this User Agreement.
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.
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 fees, net of any irrecoverable payments we have made to our Suppliers, that you have paid to us in the one month period prior to the action giving rise to the liability.
Supplier Limit of Liability
The Supplier's liability to a Buyer or OrderWork for death or injury resulting from his own negligence or that of his employees, agents or sub-contractors shall not be limited.
The Supplier's entire liability to a Buyer or OrderWork in respect of any breach of his contractual obligations, any breach of warranty, any representation, statement or tortuous
act or omission including negligence arising under or in connection with this agreement shall be limited to the limit of their insurance or the value of the Work Order whichever
is the greater, unless otherwise specified in the particular Work Order that has been accepted by the Supplier.
The Supplier shall not be liable to a Buyer or OrderWork for any indirect or consequential loss a Buyer or OrderWork may suffer, even if the loss is reasonably foreseeable or
the Supplier has been advised of the possibility of a Buyer or OrderWork incurring it.
You 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 reasonable legal fees, made by any third party arising out of your breach of this User Agreement or use of the Site or Services. This indemnity shall not apply where
such claim, demand or loss arises solely due to (a) our negligence or (b) our breach of this User Agreement.
You and OrderWork are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this
Unless otherwise explicitly stated, notices to OrderWork must be sent by registered mail to OrderWork Ltd, 145-157 St John St, London, EC1V 4PY, and notices to you will be sent to
the email address that you provide to OrderWork during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address
is invalid), or by registered mail.
You agree that this User Agreement and all incorporated agreements may be automatically assigned by OrderWork, 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.
Third Party Rights
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does
not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act
Intellectual Property Rights
The Buyer grants to the Supplier and OrderWork a royalty-free, world-wide, non-exclusive licence to use their content and other intellectual property solely for the
purposes of completing the Work Order.
The Supplier assigns all right, title and interest to any intellectual property created during the completion of a Work Order to the Buyer with full title guarantee.
The Supplier shall at the request of the Buyer or OrderWork from time to time do all things and execute all documents the Buyer or OrderWork may reasonably require
to give effect to the assignments in clause 2 above.
Except as expressly set out in clause 1 above, this agreement does not transfer or grant to the Supplier any right, title or interest in any intellectual property
rights in or to the Buyer or OrderWork’s Content.
Non-solicitation of Staff
A User, whether acting as a Buyer or a Supplier, shall not directly or indirectly canvas with a view to offering or providing employment to, offer to contract with or
entice to leave any employee of, or contractor to, another User who has been involved in the provision of services to that Buyer or Supplier as the case may be through
OrderWork within the last six months, without the prior written consent of OrderWork and that Buyer or Supplier.
This Agreement shall be governed in all respects by the English law. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall
be deemed deleted and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a
breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise indicated, all provisions of the User
Agreement shall survive any termination or expiration of this Agreement.
Quality of service
You agree to provide courteous and professional service to OrderWork and the Buyers and their end users at all times. The Buyer and OrderWork must approve your work
prior to release of payment to you through our system. Failure to provide quality work to the satisfaction of the Buyer may result in non-payment for the services
provided and a negative rating on our Site. Any disputes should between the Supplier and Buyer should be notified to OrderWork for resolution. If necessary, a dispute
will be resolved by referral to an Arbitration Service.
Description of your skills and services
Your Content must describe your services and all terms associated with the delivery of such service. Your description may only include text descriptions, a logo
or picture and other content relevant to your services.
Accepting Work Orders
If you receive a Work Order and accept, you are obliged to use your best endeavors to complete the Work Order.
Restriction on automated use of Site
The use of any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, manipulate or copy any parts of the Site
is STRICTLY PROHIBITED. This includes any automated refreshing of pages of our Site and any scripts or automated procedure used to accept work orders.
The Site is designed to provide OrderWork and our Buyers with fast response times to their IT needs. As a Supplier, you have the ability to establish your
range of coverage and response times at the time you set up Your Content on our Site. The range and response times that you select are considered local coverage
and OrderWork and our Buyers assume that no travel time will be charged.
Work Order Price
The Price is defined as the maximum total in GB pounds sterling that can be charged for the work specified in the Work Order inclusive of all charges for labour,
parts (if applicable) and tax. This applies to both flat fee and hourly rate Work Orders. On hourly rate Work Orders, the labour rate you charge or agree to with
OrderWork or the buyer is inclusive of all applicable taxes.
As a Supplier, you agree not to exceed the Price on any Work Order without OrderWork or the Buyer's authorisation for an increase in the Work Order Price. In
the event that you do work that exceeds the Work Order Price without OrderWork or the Buyer’s authorisation, you assume the risk of not being paid for this
additional work. A Work Order cannot be closed out for sums in excess of the Work Order Price.
As a Supplier, you agree that you will not disclose to any third party any information whatsoever concerning OrderWork, any Buyer or the Buyer’s end customer
unless you can prove that such information is already in the public domain at the time of disclosure.
To the fullest extent permissible by law (and save always in relation to any existing business with any Buyer separate from that obtained through OrderWork),
you shall not, without OrderWork’s prior written consent solicit or approach OrderWork’s Buyer or any other contact or referral that you may receive as a
result of work that you have carried out for that Buyer: (i) in the context of offering or winning new business with the Buyer or any referral or contact
from that Buyer in any way similar to that undertaken via OrderWork; or (ii) act in any manner prejudicial to OrderWork’s relationship with the Buyer or
any contact or referral from that Buyer (or any future relationship and/or contract(s)) with the Buyer or any contact or referral; provided always that this
shall exclude any bona fide bid for provision of (and thereafter performance of any awarded) IT services, in response to the Buyer’s (or a contact or referral
of the Buyer) invitation to tender (“ITT”) for same (and provided always that such ITT has not been induced or suggested by you). In the context of any actual
or threaten breach by you of all or any part of the provision(s) of this clause, it is expressly acknowledged by the parties that damages would not be an adequate
remedy, and accordingly OrderWork shall be entitled to seek an injunction, interim order or similar equitable relief, to restrain, prevent or avoid same.
Furthermore, when you accept a Work Order from OrderWork or a Buyer which involves or relates to work on behalf of the Buyer’s customer (End Customer), you agree
not to solicit further work from that End Customer without the prior written approval of OrderWork and the Buyer. This clause will only be waived if you can
prove that you have carried out the same type of work for that End Customer (or division of the End Customer in the case of an End Customer with several divisions),
in the 6 months prior to the acceptance of the Work Order.
Suspension or removal from the Site
You agree and acknowledge that OrderWork has, in its sole discretion, the right, in addition to all other legal rights, to suspend or remove you from being listed
as a Supplier on our Site for the following reasons:
Violations of the policies contained herein or as amended from time to time;
If you accept a Work Order and fail to complete such Work Order in a timely manner and/or fail to contact the Client or OrderWork if there is a problem;
If you receive negative feedback from our Clients;
If the information you have provided to us or entered into the Site is false or misleading;
If you circumvent or attempt to circumvent the OrderWork system to work directly with our Clients; or
If your actions, in any way, are deemed to be detrimental by OrderWork to the goodwill and reputation of OrderWork.
Removal from our Site for violation of our policies may result in your forfeiting any monies due you from the Client.
You may not take any actions that may undermine the integrity of the Feedback System. Using the Feedback System in a
dishonest manner, including entering a rating for yourself, is a violation of this User Agreement. If you earn a
negative feedback your membership may be suspended, and you may be unable to use our Site.
You acknowledge that your feedback consists of comments left by other Users and a rating compiled by OrderWork,
and that the rating without the comments does not completely reflect your reputation among Users. Because feedback
ratings are designed for facilitating service request decisions between Users and your eligibility to remain on the
Site, you agree that you shall not market or export your OrderWork feedback rating to any venue or web-site other than
an OrderWork-owned website. You agree that OrderWork shall have no liability to you relating to the feedback system.
We do not provide you with the technical ability to import feedback from other (non-OrderWork operated) web sites to
OrderWork because a rating, without the corresponding comments does not completely reflect your reputation among
Representations and warranties
You represent and warrant that:
You are a completely independent contractor/contracting firm with no ties to or relationship with OrderWork and that at
no time, unless instructed to do so by the Buyer through the Work Order request, shall in no manner indicate to a third
party that you are anything other than a completely independent contractor. In addition, you agree that as an independent
contractor you will not under any circumstances file employment or unemployment related claims against OrderWork or Buyers.
You are in good standing, and are not in violation of any applicable laws, rules or regulations, and that 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 pertinent self-employment taxes.
Unless agreed in writing by OrderWork, you warrant that you have professional indemnity, public liability and
employer’s liability insurance and all other required insurances to the full extent required for the services
You acknowledge that the Site is based on the integrity and reliability of our Suppliers and, therefore,
you warrant and represent that all information that you give to OrderWork or place on the Site is true
and correct. OrderWork reserves the right to request a background check and/or drug test on You or your
employees if required or requested by Buyers. You further warrant and represent that your listed employees
have never been accused of harassment in any employment situation or sexual harassment in any situation.
You are responsible for complying with all Buyer instructions and to complete the work using reasonable
skill and care in a timely and professional fashion in accordance with best industry practice. In addition,
for all Work Orders that you accept, you must (a) register as completed the Work Order within three (3)
business days of completion, unless otherwise specifically instructed by Buyer or risk not getting paid
for the Work Order; (b) include if appropriate a valid identification number for parts when closing the
Work Order, if applicable.– if you don’t you can be held financially responsible to OrderWork or the Buyer
for the cost of the parts; (c) not remove equipment from the end-user location; (d) be on-time for service
call - if you are going to be later than fifteen (15) minutes for an appointment you must notify OrderWork
and the Buyer. Failure to do so may cause the Work Order to be reassigned.
You acknowledge that OrderWork is not responsible for the action or inaction of any Buyer using the Site.
You acknowledge that OrderWork has expended significant sums to create its Site, which is proprietary.
You will not attempt to circumvent any aspect of the Site in any way, including dealing outside of the
Site with any party introduced to you through the Site. You will indemnify and hold harmless OrderWork
against any claims, liabilities or losses arising directly or indirectly from any action or inaction as
Fees, Invoicing and Payment
OrderWork operates a self-billing system whereby it generates invoices on behalf of its Suppliers. By agreeing to these
Terms and Conditions you agree to enter into a Self-Billing relationship with OrderWork and not to issue sales or VAT
invoices to OrderWork or OrderWork’s Buyers. The self-billing agreement will last for 12 months from the date of your
registration as a Supplier and will be subject to automatic renewal for further 12 month periods provided that your VAT
status as a Supplier has not changed. You agree that you are totally responsible for taxes such as VAT and PAYE and that
you will remit all relevant and applicable taxes to the appropriate tax authorities when due. Furthermore, you agree to
notify OrderWork immediately if you cease to be VAT registered, transfer your business as a going concern or become
registered under another VAT number. The Fee to a Supplier charged by OrderWork for processing a Work Order is 10% of the
Work Order value. This is expressed on the Supplier invoices generated by OrderWork as a discount by you to OrderWork.
Unless otherwise stated in a Work Order, OrderWork matches Supplier payment terms to its Buyer payment terms. Therefore,
when the Work Order is completed and has been marked as ‘Closed’ by you and OrderWork, or the Buyer, you may request
payment, which will be actioned once the Buyer pays OrderWork (usually 7-30 days).
Protection of End User Information
You agree that you will not break any relevant law including the Data Protection Act 1998 with respect to unauthorised
access to or use of information contained on end user computers or systems.