Builderscrack Terms & Conditions
1.1 These Terms and Conditions formally set out your obligations relating to accessing services and the Website and mobile applications. They highlight that we will do our best to help you have a good experience, but are not responsible for performance of the Tradesman you find. We also expect everyone to be honest in their dealings.
1.2 By registering as a Builderscrack Tradesman or User you accept these Terms and Conditions. These Terms and Conditions may be changed or amended at any time at the sole and absolute discretion of Builderscrack. Amendments will be effective immediately upon posting the amended Terms and Conditions on the Website. You are responsible for ensuring you are familiar with the latest Terms and Conditions. Your continued use of the Website and services represents your agreement to be bound by the Terms and Conditions as amended from time to time.
2.1 Defined Terms: In these Terms and Conditions, the following words have the meaning set out below:
Builderscrack means MyQuote Limited (trading as Builderscrack);
Estimator means the back of the envelope estimator calculator provided to Users on the Website enabling them to obtain an estimate for a project's cost;
Member means either a User or Tradesman (or Trades woman);
services means any services offered by Builderscrack from time to time including but not limited to the Estimator, quoting services, Tradesman matching, account servicing, providing a feedback forum, message boards, SMS alerts and any other service that Builderscrack may offer through its Website from time to time;
Tradesman is a tradesman registered on the Website to provide professional quotes and services to Users;
Users means any consumer registered on the Website to make enquiries about quotes and services provided by Tradesmen;
We and us are references to Myquote Limited (trading as Builderscrack);
Mobile Application: any Android, IOS or other platform application designed for use on a mobile or tablet device released by Builderscrack in order to assist in the access and use of the Builderscrack website and its services;
Website means any Builderscrack Website or Mobile Application through which the services are offered; and
You and your are references to you.
3.1.1 All requests, quotations or communications made through Builderscrack shall be made in good faith.
3.1.2 All requests, communications, emails and correspondence made through, on the website or to customers who have used the website, must not contain any offensive, insulting, defamatory or inappropriate language. Builderscrack.co.nz reserves the right to determine what is offensive, insulting, defamatory or inappropriate and to take action against users who use such emails, including the suspension, deactivation and permanent banning of users from the site.
3.1.3 You must not damage, interfere with or harm the Website or services, or any network, or system underlying or connected to them, or attempt to do so.
3.1.4 You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose.
3.1.5 You shall not list your email address, phone number or any other contact detail within the description of your Member profile, or in the message boards. However, you may enter your appropriate contact details in the relevant contact detail fields to be used when a quotation is accepted.
3.1.6 You must quote in New Zealand Dollars and include GST in the price. All tax obligations are the responsibility of the Tradesman and/or the User (as the parties determine).
3.1.7 You must not complete a transaction outside of the Builderscrack process or otherwise seek to avoid Builderscrack's success fees referred to in paragraph 7. Attempts by you to avoid fees may result in Builderscrack suspending or terminating your Membership at the discretion of Builderscrack.
3.2 Your Obligations as a Tradesman:
3.2.1 You will only provide quotes to Users that are accurate, current, complete, and include all relevant information about the terms of trade services and payment terms.
3.2.2 You will only provide a quote for trade services if such trade services can be provided.
3.2.3 You agree to your email address and contact details being supplied to the User in respect of a request.
3.2.4 You agree to notify Builderscrack of any quotation accepted by a User and pay the success fee to Builderscrack on presentation of invoice
3.2.5 The payment of the success fee is required for any paid work which is gained through the use of the service, even if the final result differs from the original job posted.
3.2.6 You agree to abide by any promotions, specials or similar offered to homeowners by Builderscrack, either through the website or a third party.
3.3 Your Obligations as a User:
3.3.1 You must only place a request if you intend to pay for the relevant trade services.
3.3.2 If you choose to complete a transaction with a Tradesman, you warrant and represent that you have the legal right to enter into and complete the transaction.
3.3.3 You must make full and prompt payment for any services you purchase from a Tradesman.
3.3.4 You agree to your contact details being supplied to the Tradesman (as chosen by you) when you make a request.
3.3.5 You must not post a job with the intention of targeting tradesmen for any other purpose other than completing a specific job. If you would like to target the Builderscrack database of tradesmen or homeowners for other reasons, including but not limited to (1) recruiting staff, (2) advertising your products, (3) any other reason, then you must contact Builderscrack to discuss other options.
3.3.6 The value of Builderscrack.co.nz rests in its thriving marketplace of Users and Tradesmen. It is a violation of these Terms and Conditions to (a) intentionally avoid the payment of Builderscrack's success fees referred to in paragraph 7 by arranging jobs with Users outside of the context of the Website, or (b) knowingly requesting contact with a user a User with the intention of delegating the performance of the job to another tradesman or to a third party for purposes of garnering a commission, agency or placement fee. Attempts by you to avoid fees may result in Builderscrack suspending or terminating your Membership at the discretion of Builderscrack.
3.3.7 If you are not satisfied with a review that has been placed you may not threaten, coerce or intimidate a user into changing a review. If you believe a review is offensive, insulting, or defamatory please contact Builderscrack.
3.3.8 When awarding a job to a tradesperson you are required disclose to Builderscrack the amount that you have been invoiced or quoted by the tradesperson. This amount includes all labour, materials, and GST.
4.1 Users/Tradesmen: You may gain access to Builderscrack services through the Website only through the use of your email address and your chosen username and password. By registering as a User, you warrant that you can form a legally binding contract with us under these Terms and Conditions.
4.2 Breach of Security: If you have any reason to believe that the security of your password has been compromised you shall take all steps to change it on the Website. You shall remain liable for any unauthorised use of the Website until the change is effected.
4.3 Security of Your Login Information: You are responsible for keeping your log in information, including your email address, username and password, secret and secure, including (but not limited to), you agree:
4.3.1 not to permit any other person to use your username or Membership; and
4.3.2 not to disclose or provide to any other person, your password, username, email address, date of birth or any other information in connection with your Membership that may allow them to gain access to your Membership.
4.4 Becoming a Member: You may only register as a User or Tradesman if you are a resident or citizen of New Zealand and can form a legally binding contract that is enforceable against you.
4.5 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a User or Tradesman. You must maintain and update your personal information held by Builderscrack to ensure it is kept current at all times. Builderscrack may phone or mail you to verify these details. You must not register as a Member under multiple identities or personas (whether false or not). However at Builderscrack's discretion, you may create a business Membership in addition to your personal Membership.
4.6 Emails and Newsletters: Builderscrack will send you emails relating to your Membership, transactions and other activities on the Website and for promoting and marketing other service requests, quotation requests or Builderscrack products and services to you. Builderscrack may also send regular electronic newsletters to Members. Newsletters will contain clear and obvious instructions of how you can unsubscribe from the mailing list if required.
At Builderscrack, we are committed to making your total Builderscrack experience a positive one.
5.1 Estimator: Builderscrack provides the estimator to Users to enable them to obtain an estimate for a project's cost. The estimate is provided for informational purposes only and is generated as a range based on average cost and pricing information available to Builderscrack through its Website and other means. Actual costs may differ from those derived because of local cost differences, site specific project issues or varying market rates. The estimate obtained using the Estimator service does not give rise to any commitment on Builderscrack or Builderscrack Tradesmen.
5.2 Quoting services:
5.2.1 Builderscrack provides services that enable Users to request quotes from Builderscrack Tradesmen (job request). We will match the User's job request with multiple Tradesmen.
5.2.2 Upon entering your information and a job request on the Website, we will provide you with a list of up to 12 trade professionals in your area (if any) who have expressed an interest in providing a quote and fulfilling your job requirements (Quoting services). You will be notified of interest in your enquiry from Builderscrack Tradesmen directly. While we will do our best, we do not guarantee that we will be able to match your trade service needs with a Tradesman or that there are Tradesmen in your area that are capable of or willing to complete your service request.
5.2.3 We do not:
(a) guarantee or make representations regarding the skills or representations of any Tradesman using our Website or the quality of the job that he or she may perform for you if you elect to retain their services; or
(b) endorse or recommend the services of any particular Tradesman.
5.2.4 Builderscrack is at no time or in no way a party to any contract between you and a Tradesman and we are not to be included or mentioned in any such contract.
5.2.5 The Tradesmen are not employees or agents of Builderscrack.
5.3 Completed Contract: If, following a job request, a quote made by a Tradesman is accepted by the User, then a contract is deemed to have been made between the User and Tradesman unless explicitly stated otherwise.
5.4 Other services: Builderscrack shall also provide a feedback mechanism for Users to post feedback about a Tradesman used. The terms specific to feedback are set out under paragraph 8;
5.5 Specific Warnings:
5.5.1 The services: We provide a venue to introduce Members who want to request and provide trade services. We do not take any part in the provision of such services other than by providing the services made available on our Website. If a quote is accepted by a User, a contract of sale will be formed between the Tradesman and User directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other Members.
5.5.2 At Your Own Risk: Transactions and all other contact between you and other Members are conducted entirely at your own risk. You agree that Builderscrack takes no responsibility or liability for any misconduct of any of its Members including, without limitation, Members that have registered under false pretences or who attempt to defraud you. Builderscrack gives no undertakings, representations, or warranties in relation to trade services requested by a User or quoted by a Tradesman, including:
(a) as to the content, safety, description, worthiness, quality, or legality of the trade services that are listed on the Website;
(b) as to the accuracy or truth of requests or quotations;
(c) that any trade services will meet your requirements or expectations;
(d) about the ability of Members to complete and/or pay for a transaction, including credit card transactions; or
(e) ownership of any item.
5.6.1 You expressly understand and agree that:
(a) your use of the services is at your sole risk. The Website and services are provided on an as is and as available basis. To the maximum extent permitted by law Builderscrack disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
(b) Builderscrack does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including Feedback) provided on the Website is error-free or reliable;
(c) no advice or information that is obtained by you from Builderscrack or anyone else shall create any warranty by Builderscrack that is not expressly stated in the Terms and Conditions; and
(d) responsibility for the content of advertisements appearing on the Website (including hyperlinks to advertisers' own Websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Builderscrack's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
5.7 Liability: You agree that, to the maximum extent permitted by law, any liability and responsibility of Builderscrack to you or any other person in connection with these Terms and Conditions, the services or this Website is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Builderscrack's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data loss of business, general and special damages, and consequential and incidental loss.
5.8 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms and Conditions, your failure to complete a transaction, your use of Builderscrack's customer ratings, or arising out of any content or item you submit, post, transmit, or make available through the services.
5.9.1 Without limiting any other rights and remedies available to Builderscrack, Builderscrack may limit your activities on the Website, remove your requests or account details, warn other Members of your actions, issue a warning to you, suspend or terminate your Membership, or refuse to provide our services to you if you breach these Terms and Conditions or where Builderscrack considers in its sole discretion it appropriate.
5.9.2 Builderscrack does not make any representations or warranties that Members are appropriately licensed, free of bankruptcies or civil or criminal legal judgments, or carry appropriate general and public liability insurance either at the time of registration, during the period they are Members, or thereafter. As circumstances may vary, Builderscrack advises you to satisfy yourself as to the accuracy of the information provided by each Member.
6.1 User Details: As a User, you agree that when you post a job on the Website, multiple Tradesmen may be provided with your contact information and may make contact. Users may choose which contact details they allow to be provided to Tradesmen when signing up (email, mobile phone, home/work phone). The personal contact details of the User will remain confidential until a Tradesman views a job, requests the contact details of the relevant User, and the User allows the Tradesman access to their contact details.
6.3 Accuracy: You undertake that all information you provide will be accurate, current and correct. If you provide any information that is found to be inaccurate, untrue, or false, or if Builderscrack has reasonable grounds to suspect that such information is inaccurate, untrue or false, Builderscrack has the right to refuse any current or future use of the Builderscrack services or Website (or any portion thereof) by you.
6.4 Indemnity: To knowingly input false information, including but not limited to name, phone number, address or email address is a very serious and fraudulent matter that could result in significant costs and damages including invasion of privacy rights, to Builderscrack and its Tradesmen, and to consumers as well as the loss of time, effort and expense responding to and pursuing such false information and request, and further, could result in regulatory fines and penalties. Accordingly, if you knowingly input false information in a job or service request, including but not limited to some one else's name, email address, physical address or phone number or a random or made up name, address, email or phone number you agree to fully indemnify and be liable to Builderscrack and each Tradesman who accepts such job request, for any loss whatsoever that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable legal fees, cost and expenses relating thereto.
7.1.1 Free Registration: Becoming a User or Tradesman is free. Builderscrack charges Tradesmen a fee when they successfully bid for a job generated through the Builderscrack Website. The Website is completely free to Users.
(a) Builderscrack current fees are listed on our Fees Page on the Website. Any fee payable to Builderscrack will be invoiced to the Tradesman by Builderscrack and payable within seven days of receipt of invoice. Builderscrack reserves the right to request documentation from Users or Tradesmen to demonstrate the value of a completed job. Builderscrack will credit fees paid on jobs where the Tradesperson can demonstrate that payment was not received from the User due to no fault on their part.
(b) All jobs posted on Builderscrack must be for specific tasks/work to be completed. Jobs which are posted that contain non-specific details (including advertising or recruitment) may be subject to additional charges at the discretion of Builderscrack.
(c) Builderscrack reserves the right to change the fees charged for any of our services at any time. In the event that we introduce a new Service, the fees for that Service are effective at the launch of the Service, unless otherwise stated.
(d) All fees are exclusive of GST and are New Zealand Dollars unless otherwise stated.
(e) Before quoting for a User's service request, you should review Builderscrack's fees to ensure you are aware of the fees that you will incur.
(f) Builderscrack reserves the right to take action against you to recover outstanding debt. You are liable for all expenses (including but not limited to court costs, legal fees, collection agency fees, and a $30 administrative fee) that Builderscrack incurs in collecting that debt.
7.2 Builderscrack Accounts:
7.2.1 Pro Tradesman Account: If you are a Pro Tradesman and have registered with Builderscrack by paying an annual subscription fee, in the event that you terminate your account prior to the expiry of your annual subscription, Builderscrack shall not be responsible for any refunds or reimbursements to you of fees paid in advance.
7.3 Credit Card Services: A credit card service is provided to allow tradesmen to pay for fees associated with securing work (success fees) and also for the optional subscription service (Pro) available. You can contact us> or call us on 028 255-27819 (within New Zealand) regarding any credit card issues or questions.
7.3.1 Currency: All fees are in New Zealand dollars (NZD). The Fees Page describes these fees plus any GST payable. Payments made from non NZ credit cards will be charged in New Zealand dollars.
7.3.2 Terms of payment (success fees): Our success fee invoices have payment terms of 21 days from date of issue. Since it is difficult for us to track when work is done and Trade Professional are paid we cannot wait until you have been paid for the work. You agree to pay the success fee even if your membership has expired. A credit will be applied to the users account when success fee payments have been received but the job has not actually been secured.
7.3.3 Pro-Trade Membership is paid for on a subscription basis in advance. Refunds will not be given. Builderscrack does not guarantee that any tradesmen will have access to any particular job, or that tradesmen will secure work from the leads they are allocated. If you setup an online agreement to pay us on a regular basis, we will automatically take payment 3 days before the renewal date of your Pro membership. 14 days prior to that the renewal billing date an invoice will be generated which may be viewed online. You may cancel your agreement in the MyBuilderscrack section of the website. Builderscrack will not be responsible to you or any third party for any losses or costs that may result or arise out of you not updating or cancelling your agreement prior to the renewal date. From time to time Builderscrack may change its Pro Membership prices. Provided we give you 14 days notice of a pricing change, if you do not cancel before your scheduled renewal you have agreed to the new price. You agree that having a Pro membership does not remove Builderscrack right to Limit or Terminate your services. You agree that Builderscrack has the right to change the features of Pro Membership.
7.3.4 Overdue accounts: You agree you are responsible for paying our invoices within the payment terms of the invoice. If your account has an invoice which is more than 7 days overdue your account will be automatically restricted. Past due balances will be subject to a finance charge of 1.5% per month.
7.3.5 Credits or refunds: Credits or refunds may occasionally be offered in other circumstances at the discretion of Builderscrack.
7.3.6 Receiving invoices: You agree to receive all invoices by email to the email address you have given to us. It is your responsibility to ensure that this email address is working correctly.
7.3.7 Queries: If you have a question about a charge on your credit or debit card, you agree to contact us using the form available on our Contact Us page.
7.3.8 Payment failure: Should any payment method you use fail or later be reclaimed by the bank or card issuer you agree to pay any costs incurred by us plus a $5 + GST administration fee.
7.3.9 Fraud: While Builderscrack has systems in place to reduce the risk of credit card fraud, Builderscrack is not responsible for protecting Members from credit card fraud. Builderscrack's fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.
7.3.10 Authorisation: You must be authorised by the company or individual for which you are creating an account. Unauthorised registration of a company or individual which you do not have permission will be considered fraudulent behaviour, which may may result in regulatory fines, penalties and/or referring the matter to the police.
8.1 Builderscrack encourages Users to provide feedback, ratings and reviews about the Tradesman you have used. Builderscrack reserves the right to publish feedback from Users, including ratings and statistics based on Tradesman activity on the Website and will use this information to monitor the performance and continued Membership of Tradesmen.
8.2 Feedback must not contain offensive, defamatory or inappropriate language. Builderscrack reserves the sole right to determine what is considered offensive, defamatory or inappropriate language. Feedback must be factual, and not contain offensive, defamatory or inappropriate language.
8.3 You may only give Member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
8.4 You must not post feedback about yourself or include any contact details or personal information in your feedback.
8.5 Feedback is provided for the sole purpose of facilitating trading between Members on the Website. You must not market or export any feedback to any venue other than the Website. Linking to your Builderscrack feedback from other Websites will be considered a breach of our Terms and Conditions.
8.6 Builderscrack accepts no responsibility for any offensive, defamatory or inappropriate feedback submitted on the Website.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, software, and mobile applications, are the property of Builderscrack or its content suppliers and protected by New Zealand and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Builderscrack and protected by New Zealand and international copyright laws. All software used on this site is the property of Builderscrack or its software suppliers and is protected by New Zealand and international copyright laws. Any use including the reproduction, modification, distribution, transmission, republication, display, commercialisation or performance of the content on this site is strictly prohibited.
Builderscrack is a registered trademark of myQuote Limited. The appointment scheduling and job tracking process is patent pending (NZ patent #594581).