PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

This RateMyTrade User Agreement, including the incorporated Policies, (collectively, the “Agreement”) is entered into by and between the company or individual specified during this online registration process (“User”) and RateMyTrade.co.uk, a company incorporated and registered in England & Wales under Company No 6259259 (“RateMyTrade”) for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged.

1. THE RATE MY TRADE.

1.1 Purpose of RateMyTrade: The RateMyTrade is an online portal and website provided by RateMyTrade where Users may locate Clients of Services or Professionals of Services both based in UK only. On the RateMyTrade, Clients may post Assignments to invite bids by Professionals and Professionals may post information about their capabilities and bid on Assignments, all subject to the Policies (as updated from time to time), which are hereby incorporated into this Agreement, as well as all other terms of this Agreement. Such Policies are updated from time to time, and when they are updated, they become a part of this Agreement.
User agrees that in case of any inconsistencies between the Policies and the other terms of this Agreement, the latter shall prevail. RatemyTrade may from time to time send out newsletters and other promotional material relating to the site and its services by email. Users who do not wish to receive such emails shall have an option to opt-out.

1.2 Role of Service Contracts and the Role of RateMyTrade. If a Client accepts a Professional’sbid for an Assignment, a services contract is formed directly between such Client and Provider subject to the terms specified in Section 2 (Service Contract Terms Between Client and Provider) and/or any other terms and conditions that Client and Provider may agree upon through the RateMyTrade (“Service Contract”).

User agrees that, whether acting as a Client or Provider, User shall not agree on any terms outside the RateMyTrade and any attempt to agree on terms outside the RateMyTrade shall constitute a material breach of this Agreement and be null and void. RateMyTrade is not a party to any Service Contract except to the extent RateMyTrade is acting as a Client or Provider. RateMyTrade itself does not deliver any Assignments or Work Product, nor does RateMyTrade guarantee the quality thereof, except to the extent RateMyTrade is acting as a Provider.

1.3 Acknowledgement of RateMyTrade Interest in Proper Performance of Service Contracts: Even to the extent RateMyTrade is not a party to a Service Contract, User acknowledges and agrees that the reputation and goodwill of RateMyTrade may be adversely affected if, as a Client or Provider, the User engages in violations of the Service Contract. User further acknowledges and agrees that RateMyTrade is an intended third-party beneficiary of each Service Contract User enters into and RateMyTrade has the right to take such legal actions against User as RateMyTrade, in its sole discretion, deems necessary to protect the interests of RateMyTrade.

1.4 Membership Fees
A User has an option to choose from 2 accounts, a client (Buyer) account or a professional’s (Service Provider) account.

RateMyTrade users may have a single CLIENT profile and up to 5 PROFESSIONAL (PROVIDER) profiles. CLIENT profiles are FREE and as such have no membership fee. RateMyTrade charges membership fees for each active PROVIDER profile. PROVIDER membership fees are paid and renewed according to the User's selected options, unless deactivated by the subscribing User. Within a professionals account a professional can create up to a maximum of 5 profiles, however only one Starter profile (free profile) will be active i.e visible to potential clients at any given time. If a Professional has subscribed for an advanced profile, then profiles will be activated for the duration of the subscription period.

Unless changed RateMyTrade automatically charges the membership fee to the User's designated payment method and you authorize us to charge such payment method for the appropriate membership fees and amounts stated. RateMyTrade has no responsibility for upgrading/renewing Users membership, RateMyTrade will only be responsible for sending reminders to Users via email. It will be the Professionals who manage upgrade/renewals). RateMyTrade reserves the right to increase membership fees or to institute new fees at any time, upon reasonable notice posted in advance on this Website.

Downgrades to a less expensive membership or cancellation of any membership will not result in any refund or credit of fees already paid. Membership fees are charged up-front and no refunds or credits will be given upon cancellation or downgrades. The cancellation of a membership will go into effect at the end of your current billing cycle.

1.5 Services for Clients and Professionals
(A) Once a User has registered as a Professional, User can access the site by using their chosen username and password and with the standard service they will be able to:-

1) Create up to 5 profiles within different areas of expertise, with only one active Starter profile at any given time.

2) To view project details.

3) Receive email notifications of projects that relate to their location and area of expertise.

4) Receive and respond to messages from clients that may have question regarding their project.

5) Bid on projects that has matching location and area of expertise.

6) Receive email from Client that have selected you(Professional) as the wining bidder.

7) Give feedback to the clients once a project transaction is complete.

(B) In addition Professional who have paid a subscription fee will benefit from advanced services :-

1) Appear above starter profiles within our profile search results feature.

2) Ask Public questions to open projects.

3) Bid on projects exclusively open to advanced Professional.

4) Bid on projects from any location around the UK, Ireland and Isle of Man.

5) Initiate conversations with clients that you have bid with.

(C) Service for Clients.

Once a Client has registered on the site they will be given access to the site by using their chosen username and password and they will be able to:-

1) Submit content that represent their project scope.

2) Contact Professionals regarding their project work that needs to be carried out.

3) Invite Professionals to bid on their Invite Only projects.

4) Receive bid notifications by email from Professionals interested on working on the clients posted project.

5) Initiate discussion with Professionals that have bid on their project.

6) Give feedback to the professional once a project transaction is complete.

1.6 Feedback System
RateMyTrade provides for the use of its Members a feedback system as a means through which Users can express their opinions publicly. All Users acknowledge and agree to provide a true and accurate feedback irrespective if they complete a transaction. RatemyTrade does not monitor or censor or responsible for these opinions or investigate any remarks posted by Users for accuracy or reliability. A User may be held legally responsible for damages suffered by RateMyTrade or other Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory.

2. SERVICE CONTRACT TERMS BETWEEN CLIENT AND PROFESSIONAL.
Unless Client and Provider expressly agree otherwise through the RateMyTrade, User agrees that all Service Contracts between User and any Client or Provider regarding particular Assignments shall be subject to the following terms and conditions:

2.1 Services. Provider shall perform Services in a professional and workmanlike manner. Provider may not subcontract with third parties to perform Services on behalf of Provider or assist Provider in performing Services unless Provider has obtained Client’s prior written consent to such arrangement.

2.2 Fees. Client shall pay Provider the agreed-upon fees for time spent or delivery of the Work Product. All amounts paid by Client shall be paid outside RateMyTrade..

2.3 Termination. Either party may terminate the Service Contract at any time for any or no reason, provided that Client remains obligated to pay for any work performed or time Provider spent prior to termination.

2.4 Client Deliverables. Client grants Provider a limited, non-exclusive, revocable (at any time, at Client’s sole discretion) right to use the Client Deliverables as necessary for the performance of the Services. Client reserves all other rights and interest, including, without limitation, all Proprietary Rights, in and to the Client Deliverables. Upon completion or termination of the Assignment, or upon request by the Client, Provider shall immediately return all Client Deliverables to the Client and purge all copies, if any of Client Deliverables and Work Product contained in or on Professional’s premises or systems or otherwise under Professional’s control.

2.5 Work Product. Any copyrightable works prepared by Provider in connection with an Assignment for Client shall be “works for hire”; consequently, Client will be considered the author and owner of such works. Unless prohibited by applicable mandatory law, all Proprietary Rights in and to Work Product shall vest in Client upon creation. If under mandatory law, Proprietary Rights do not vest in Client upon creation, Provider hereby assigns all Proprietary Rights to Work Product to Client, effective upon creation. To the extent that under mandatory law, rights can only be assigned after creation, Provider hereby irrevocably agrees to assign, immediately following the creation, all Proprietary Rights to Work Product to Client. To the extent that under mandatory law, Proprietary Rights cannot be assigned, Provider hereby irrevocably agrees to grant, and hereby grants, to Client an exclusive (excluding also Provider), perpetual, irrevocable, unlimited, worldwide, fully paid, and unconditional license to use and commercialize Work Product in any manner now known or in the future discovered. To the extent such license grant is not fully valid, effective or enforceable under mandatory law, Provider hereby irrevocably agrees to grant, and hereby grants, to Client, such rights as Client reasonably requests in order to acquire, as close as possible, all rights equivalent to full legal ownership. In order to ensure that Client will be able to acquire, perfect and use such Proprietary Rights, Provider will: (i) transfer possession, ownership, and title to media, models, and other tangible objects containing Work Product to Client; (ii) sign any documents at Client’s request to assist Client in the documentation, perfection and enforcement of its rights; and (iii) provide Client with support and reasonable access to information for recording, perfecting, securing, defending, and enforcing such Proprietary Rights. Provider also irrevocably authorizes Client to act and sign on Professional’s behalf and take any necessary steps in order to perfect Client’s rights under this Agreement. In case that under mandatory law, Provider retains any rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights” (collectively “Moral Rights”) or other inalienable rights to Work Product or Confidential Information under this Agreement, Provider irrevocably agrees to waive, and hereby waives, all such rights, or, to the extent Provider cannot waive such rights, Provider agrees not to exercise such rights, until Provider has provided prior written notice to Client and then only in accordance with any reasonable instructions that Client issues in the interest of protecting its rights. Provider agrees to assist Client in every proper way to obtain and enforce the Proprietary Rights and other legal protections for the Work Product in any and all countries. Provider will sign documents that the Client may reasonably request for use in obtaining and enforcing such protection, including, but not limited to, any assignment deed which the Client may select at its sole discretion. Professional’s obligations under this Section 2.5 will continue even after Provider deregisters from or ceases use of RateMyTrade. Provider appoints Client as Professional’s attorney-in-fact to execute documents on Professional’s behalf for the purposes set forth in this Section 2.5.

2.6 Pre-existing Intellectual Property in Work Product. User shall ensure that no Work Product created or delivered by User as a Provider includes any pre-existing software, technology or other Intellectual Property, whether such pre-existing Intellectual Property is owned by User or a third party including, without limitation, code written by proprietary software companies or developers in the open source community, (collectively “Pre-existing IP”) without obtaining the prior written consent of the Client to the inclusion of such Pre-existing IP in the Work Product. User acknowledges that, without limiting any other remedies, User shall not be entitled to payment for, and shall refund any Provider Fees paid to User for, any
Services performed on an Assignment if the Work Product contains any Pre-existing IP that was not approved in accordance with this Section 2.6.

2.7 General . Service Contracts shall be governed by Sections 5 (Confidential Information) 12 (General) and 13 (Definitions) of this Agreement, as applicable either directly or by way of analogy.

2.8 Entire Agreement. The terms and conditions set forth in this Section 2 and/or any additional or different terms expressly agreed by Client and Provider through the RateMyTrade shall constitute the entire agreement and understanding of Client and Provider with respect to each Service Contract and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them.

2.9 No Contracts outside the RateMyTrade. User, whether as a Client or Provider, agrees to use the RateMyTrade solely to enter into all contracts with other Users and shall take no steps to use any other means to enter into any contract with any other User that was introduced through the RateMyTrade.

3. ACKNOWLEDGMENTS BY USER OF RATEMYTRADE ROLE.
3.1 Service Contracts: User expressly acknowledges, agrees and understands that: (i) RateMyTrade is merely a venue where Users may act as Clients or Providers; (ii) RateMyTrade is not a party to any Service Contracts between Clients and Providers; (iii) RateMyTrade shall not have any liability or obligations under or related to Service Contracts or any acts or omissions by Users; (iv) RateMyTrade has no control over Professionals or over the Services promised or rendered by Providers; and, (v) RateMyTrade makes no representations as to the reliability, capability, or qualifications of any Provider or the quality, security or legality of any Service.

3.2 RateMyTrade Intellectual Property. RateMyTrade and its licensors reserve all Proprietary Rights in and to the RateMyTrade website and its contents. User may not use the RateMyTrade website and its contents except as necessary for the purposes of discharging its obligations under this Agreement and any Service Contract entered into pursuant to this Agreement and on the terms set out in the License Agreement. RateMyTrade reserves the right to suspend or terminate User’s access to the RateMyTrade at any time in its sole discretion, and to withdraw, expand and otherwise change the RateMyTrade website and its contents (including the functionality of the RateMyTrade) at any time in RateMyTrade’s sole discretion. Without limiting any provisions contained in the License Agreement, User shall not be entitled to create any “links” to the RateMyTrade website, or “frame” or “mirror” any content contained on, or accessible through, RateMyTrade, on any other server or internet-based device.

All design, content, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software and all other material on RateMyTrade are the copyright of RateMyTrade or our affiliates or content and technology Professionals (in which case such use is under licence).

The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of RateMyTrade. Nothing contained on RateMyTrade should be construed as granting any licence or right to use any trademark without the prior written permission of the RateMyTrade.

3.3 RateMyTrade’s Compensation: RateMyTrade is paid its fees for the maintenance of the RateMyTrade Website and related Services. All fees are non-refundable, whether or not Assignments were satisfactorily completed.

3.4 User Conduct: (A) Client agrees that

(i) Client will not use Client's Account to post false or misleading project descriptions.

(ii) Client will not post project descriptions that are inappropriate to RateMyTrade’s audience, viewers, or visitors in the judgment and discretion of RateMyTrade.

(iii) Client agrees to pay featured project fee if project posted should have been posted as featured.

(iv) Client will not falsify Client's own or any other identity.

(v) Client will comply with all RateMyTrade’s policies.

(B) Professional agrees that:

(i) Professional will not falsify Professional's own or any other identity.

(ii) Professional will comply with all RateMyTrade’s policies.

(C) General Restrictions

(i) Users (Clients and Professionals) will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the RateMyTrade or the content contained therein without the prior written permission of RateMyTrade.

(ii) Users (Clients and Professionals) will not distribute unsolicited commercial messages ("spam") through User's account.

(iii) Users (Clients and Professionals) will not contact employers or Professionals through our site or through information gained from our site with the intent of subverting them from using our services.

(iv)Users (Clients and Professionals) will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.

(v) Users (Clients and Professionals) will not create multiple user accounts to avoid fees, suspension or bad ratings on RateMyTrade.

(vi) Users agree not to use RateMyTrade:

(a) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law.

(b) Impersonate any person or entity, including, but not limited to, RateMyTrade official or employee or falsely state or otherwise misrepresent your affiliation with a person or entity;

(c) Employ misleading e-mail addresses or falsify information in the header, footer, return path or any part of any communication, including e-mails, transmitted through the RateMyTrade website;

(d) Upload, post, e-mail, otherwise transmit or post links to any content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(e) Upload, post, e-mail or otherwise transmit or post links to any content that facilitates hacking;

(f) Upload, post, e-mail, otherwise transmit or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party or contributing to inducing or facilitating such infringement.

(g) Upload, post, e-mail, otherwise transmit or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, except in those areas that are designated for such purposes;

(h) Upload, post, e-mail, otherwise transmit or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the RateMyTrade website;

(i) Upload, post, e-mail, otherwise transmit or post links to any content, or select any member or user name or e-mail address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful or racially, sexually, ethnically or otherwise objectionable;

(j) Upload, post, e-mail, otherwise transmit or post links to any content that promotes illegal activity, including without limitation the provision of instructions for illegal activity;

(h) Collect or store personally identifying information about other users for commercial or unlawful purposes;

(l) Upload, post, e-mail or otherwise transmit or post links to any material, or act in any manner that is offensive to these stipulations of acceptable use.

4. FEES AND PAYMENTS.
4.1 Professional Fees. RateMyTrade does not act as a payment processor for Provider Fees. All the fee agreed upon between the Client and the Professional are to be remitted outside the RateMyTrade system.

4.2 Formal Invoices and Taxes. RateMyTrade shall have no responsibility for determining the necessity of or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable to Provider Fees. Instead, Provider shall be solely responsible for determining whether it is required by applicable law to issue any formal invoices for the Provider Fees and for issuing any invoices so required. Provider shall also be solely responsible for: (a) determining whether
Provider or RateMyTrade is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Provider Fees, and remitting any such taxes or charges to the appropriate authorities on behalf of itself or RateMyTrade, as appropriate; and (b) determining whether RateMyTrade is required by applicable law to withhold any amount of the Provider Fees, notifying RateMyTrade of any such requirement and indemnifying RateMyTrade(either by permitting RateMyTrade to offset the relevant amount against a future payment of Provider Fees or by refunding to RateMyTrade the relevant amount, at RateMyTrade’s sole discretion) for any requirement to pay any withholding amount to the appropriate authorities. RateMyTrade shall have the right, but not the obligation, to audit and monitor Professional’s compliance with applicable tax laws as required by this Section 4.2.

4A : RateMyTrade provides certain promotional products to Professionals such as invoice booklets, business cards, stickers and so on, that will be labelled with RateMyTrade’s identity. These items can be purchased online using the same payment process as those required to become a registered user. Following are some of the policies relating to sale of these products

DELIVERY OF ORDERS
RateMyTrade delivers goods to the UK, Northern Ireland, and Isle of Man. Most orders are dispatched within five to ten working days although in certain circumstances (for example if an item you have ordered is out of stock and we are waiting for new supplies) you should allow 30 days for delivery.

RateMyTrade are not liable for any loss caused to you by late delivery. As part of the shipping process an email is sent to you when your goods are dispatched from our warehouse. This email will give you a guide to when your goods will be delivered.

It is your responsibility as a customer to ensure that someone is available at delivery address you provide when your order is delivered.

RETURNS POLICY - FAULTY PRODUCTS
If you need to return a faulty item, or an item received as a result of a mistake by us, we will be happy to provide you with free postal address for the item to be returned to us. If this happens, please contact Customer Services within 10 working days, and we will advise on how to return the product to us.

To contact Customer Services, please e-mail support@ratemytrade.co.uk

RETURNS POLICY - IF YOU CHANGE YOUR MIND
We believe that you will be delighted with your products but there may be occasions when you want to cancel your order after we have dispatched your goods to you.

If you want to cancel your order, within 14 days of having received your goods, you should return the goods to us along with your order number and account username. When returning items the product will be your responsibility until it reaches us. You will also be responsible for the postage for the return parcel. For your own protection, we recommend that you send the parcel using a service that insures you for the value of the goods.

5. CONFIDENTIAL INFORMATION.
5.1 Confidentiality. Subject to Section 5.4 (Limited Obligations of RateMyTrade), to the extent a Client provides Confidential Information to a Provider or to RateMyTrade, the Provider or RateMyTrade (as the case may be) shall protect the secrecy of the Confidential Information with the same degree of care as it uses to protect its own confidential information, but in no event with less than due care, and shall not: (i) disclose Confidential Information to anyone except, in the case of RateMyTrade, to any Provider engaged by Client for the Assignment; and (ii) use the Confidential Information, except as necessary for the performance of Services for the relevant Assignment (including, without limitation, the storage or transmission of Confidential Information on or through RateMyTrade Tools for use by Provider).

5.2 Return. If and when Confidential Information is no longer needed for the performance of Services for the relevant Assignment, or at the Client’s written request (which may be made at any time at Client’s sole discretion), Provider or RateMyTrade (as the case may be) shall promptly destroy or return to Client all Confidential Information and any copies thereof contained in or on its premises or systems or otherwise under its control. Provider and RateMyTrade agree to provide written certification to Client of compliance with this Section 5.2 within ten (10) days after the receipt of Client’s written request to certify.

5.3 Publications. Without limiting Section 5.1 (Confidentiality), neither Provider nor RateMyTrade shall publish, or cause to be published, any Confidential Information or Work Product.

5.4 Limited Obligations of RateMyTrade. With respect to maintaining the confidentiality of and returning Confidential Information provided to a Provider engaged by Client for the Assignment, RateMyTrade’s obligations shall be limited to requiring such Provider to execute an agreement requiring at least the level of confidentiality specified in Section 5.1 (Confidentiality), the return of Confidential Information in a manner materially similar to Section 5.2 (Return) and a restriction
on publishing Confidential Information and Work Product similar to Section 5.3 (Publications).

6. WARRANTY DISCLAIMER.
A.While RateMyTrade makes reasonable efforts to provide its services without errors or inaccuracies on our website, we make no representations as to the accuracy, completeness, error free nature of services/material on the website, or timeliness of those materials/services, and you should not rely upon it.

B. The services provided by RateMyTrade are "AS IS," "WHERE IS." RateMyTrade DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICES TO BE PROVIDED BY RateMyTrade UNDER THIS AGREEMENT.

C.IN ADDITION, RateMyTrade MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE RELIABILITY, IDENTITY, OR QUALITY OF ANY USER OR THIRD PARTY YOU MAY ENCOUNTER ON OUR WEBSITE, NOR DOES RateMyTrade MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF ANY POSTINGS MADE ON THE WEBSITE BY ANY USER.

D. Each party represents and warrants that it has the right and/or full corporate power and authority to enter into this Agreement.

7. LIMITATION OF LIABILITY.
YOU AGREE TO USE THIS WEBSITE, ANY OR ALL OF OUR SERVICES PROVIDED ON IT, OR LINKS FROM OUR WEBSITE AT YOUR OWN RISK. RateMyTrade is not responsible or liable for any LOSS WHATSOEVER that you may incur by using our services or any material from our website.

UNDER NO CIRCUMSTANCES, SHALL RateMyTrade OR ANYONE ELSE INVOLVED IN ADMINISTERING, DISTRIBUTING OR PROVIDING RateMyTrade SERVICES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR EARNINGS OR LOST PROFITS OR DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE RateMyTrade SERVICES, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RateMyTrade RECORDS, PROGRAMS OR SERVICES, OR LOSSES OR DAMAGES INCURRED BY YOU FROM VISITING THIRD PARTY WEBSITES THAT YOU ACCESS THROUGH OUR WEBSITE, EVEN IF RateMyTrade HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.

8. RESTRICTION ON PROVIDING CONTACT INFORMATION:
Users are prohibited from making direct contact with another member, unless it's for a project User (a Professional) have been picked for, or User (a Client) have picked a Professional for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact anywhere within the, members profile, project details, Public Questions service, private Question service, photos, or any other public area. Contact details can only be exchanged once a Professional has been awarded and accepted the Assignment. Professionals contact information will be released to a client once they have placed a bid onto the clients project. Clients contact information will be released to a professional when the professional has accepted the project Professionals may request a client for clients contact information before accepting a project.

9. TERM AND TERMINATION.
9.1 Term. The term of this Agreement commences on the Effective Date and continues in effect until terminated in accordance with Section 9.2 below.

9.2 Termination. Either party may terminate this Agreement at any time, with or without cause, effective immediately upon written notice to the other party, provided that any such termination for convenience shall not affect the validity of any Service Contracts that have been concluded prior to termination and this Agreement shall continue to apply with respect to such Service Contracts.

9.3 Consequences of Termination. Termination shall not relieve Client of the requirement to pay for time spent and expenses incurred prior to the effective date of the termination.

9.4 Survival. Sections 3 through 13 of this Agreement shall survive any termination thereof.

10. ENTIRE AGREEMENT:
This Agreement, including the incorporated Policies, sets forth the entire agreement and understanding of the parties relating to its subject matter and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between them. .

11. INDEMNITY:
User hereby agrees to indemnify RateMyTrade and keep RateMyTrade indemnified and hold harmless from and against any breach by User of these terms of business and any claim brought against RateMyTrade by a third party resulting from the provision of Services by RateMyTrade to User and User’s use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

12. GENERAL.
12.1 No Employment. User acknowledges and agrees that this Agreement does not constitute an employment agreement or create or acknowledge an employment relationship (neither with RateMyTrade nor with any other User). The parties shall be independent contractors at all times and not partners, joint venturers or otherwise participants in a joint undertaking.

12.2 Limited Privacy. User acknowledges and understands that any Work Product, and any other information (including the terms of this Agreement) that User provides or makes available on RateMyTrade as a Provider may be made available to Clients and others in accordance with RateMyTrade’s Privacy Policy. User has no expectation of privacy related to Services or any other activities performed as a Provider in connection with this Agreement.

12.3 Compliance. User shall not violate any laws or third party rights on or related to the RateMyTrade. Without limiting the generality of the foregoing, User agrees to comply with all applicable import and export control laws and third parties’ Proprietary Rights.

12.4 Notices. Notices hereunder shall be invalid unless made in writing (fax, email, signed document or electronic communication through RateMyTrade suffice).

12.5 Modifications.
(a) RateMyTrade may notify User (including through any r RateMyTrade programs utilized by User) of modifications or amendments to the terms of this Agreement and/or the Policies. Such modifications or amendments shall take effect from the later of the date RateMyTrade issues the notice and the date specified by RateMyTrade in the notice.

(b) Except only as permitted by Section 12.5a, no modification or amendment to this Agreement shall be binding upon either party unless in a written instrument signed by a duly authorized representative of each party (and, for the purposes of this Section 12.5b, a written instrument shall expressly exclude electronic communications such as email and electronic notices but shall include facsimiles).

12.6 Dates and Timelines. All references to days shall be to business days (Monday to Friday, GMT, excluding bank holidays), except as expressly noted otherwise.

12.7 No Waiver. The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.

12.8 Assignability. User shall not be entitled to assign this Agreement, or any of its rights or obligations hereunder, without RateMyTrade’s prior written consent in the form of a written instrument signed by a duly authorized representative of each party (and, for the purposes of this Section 12.8, a written instrument shall expressly exclude electronic communications such as email and electronic notices but shall include facsimiles).

12.9 No 3rd Party Beneficiary Rights. Except as specified in Sections 1 (The RateMyTrade) and 2 (Service Contract Terms Between Client and Provider), this Agreement shall: (a) create rights and obligations only between RateMyTrade and each individual User that accepts this Agreement;
and (b) not create any rights for any other parties. For the avoidance of doubt, without any limitation, no user shall be entitled to enforce the terms of this Agreement as they apply between RateMyTrade and another user.

12.10 Severability. If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

12.11 Choice of Law. This Agreement and any dispute arising out of or relating to this Agreement (“Dispute”) shall be governed by and construed in accordance with the laws of England & Wales.

12.12 Arbitration. RateMyTrade is not responsible for nor does it arbitrate or mediate disputes between the Users. All Disputes between the Users and RateMyTrade shall be finally resolved by binding arbitration before three (3) arbitrators. The arbitrators shall, at either party’s request, give a written opinion stating the factual basis and legal reasoning for the decision in the English language. The arbitrators so appointed shall have the authority to determine issues of arbitrability. The arbitrators shall have the authority to award compensatory damages only and shall not award punitive or exemplary damages. The parties, their representatives, other participants and arbitrators shall hold the existence, subject matter and result of arbitration in confidence. Notwithstanding the foregoing, either party may, at its sole discretion, seek injunctive relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief). The prevailing party in any legal proceeding brought by one party against the other party in a Dispute shall be entitled to recover its legal expenses, including, but not limited to, the costs of any court or arbitration proceeding and reasonable attorneys’ fees.

12.13 Prevailing Language. The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.

12.14. Revisions: RateMyTrade reserves the right to revise, amend, or modify this Agreement and any of our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with this Agreement.

12.15 Use of the Website. RateMyTrade does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain). By accessing the website, you warrant and represent that you are legally entitled to do so and to make use of information made available via the website.

For Office of Fair Trading click here