Effective date: 4 September 2017
THIS IS AN IMPORTANT DOCUMENT. IT IS A LEGAL CONTRACT BETWEEN YOU AND FASTGARDENER (THE TRADING NAME OF GREENKAN LIMITED). PLEASE DO NOT AGREE TO IT UNLESS YOU HAVE READ AND UNDERSTOOD IT AND ANY DOCUMENT MENTIONED IN IT. WE RECOMMEND THAT YOU CONSULT A LAWYER. YOU SHOULD ALSO HAVE THE DOCUMENT TRANSLATED INTO YOUR OWN LANGUAGE IF NECESSARY. IF YOU NEED ANY CLARIFICATION, PLEASE ASK US AND WE WILL ENDEAVOUR TO HELP BUT WE CANNOT GIVE YOU LEGAL ADVICE.
www.fastgardener.com is owned and operated by GreenKan Limited. GreenKan Limited is a company registered in England & Wales under company number 09698095. Our VAT number is 220 7394 27. Our registered office is at 130 Old Street, London, EC1V 9BD. Our other contact details are specified on our Website.
This is an agreement between GreenKan Limited as www.fastgardener.com (“fastgardener”) and the person wishing to utilise fastgardener’s booking agency services (“the Service Provider”).
Definitions and interpretation
The following terms shall have the following meanings in this agreement:
"Customer" means a person to whom fastgardener requests the Service Provider to supply Services;
"Service Provider" means a Service Provider listed on our Website;
"Customer Terms and Conditions" means the Customer terms and conditions on the Website as may be changed from time to time;
"Profile" means the Service Provider’s profile on the Website;
"Services" mean services to be supplied by the Service Provider to Customers;
"fastgardener Services" means booking agent services and any other services supplied by fastgardener in connection with the supply by the Service Provider of Services to Customers;
"Website" means fastgardener's website at www.fastgardener.com;
"In Writing" means all forms of visible reproduction in permanent form (including email); and,
The word "including", unless the context otherwise requires, shall mean “including without limitation”. The headings in this agreement are for convenience only and shall not affect its interpretation. References to a “person” shall include any Customer, firm, unincorporated association or body corporate.
Application by Service Provider
The Service Provider acknowledges that in determining whether to include the Service Provider on its Website as a potential supplier of Services, fastgardener relies on the accuracy and completeness of the information supplied by the Service Provider. The Service Provider promises that all such information is accurate and not misleading.
The Service Provider promises that he/she possesses the necessary immigration status to enable the Service Provider to supply Services.
I authorise fastgardener and/or any of their appointed agents to carry out all necessary searches in order to verify my information.
I authorise fastgardener and/or any of their appointed agents to perform Basic Disclosure and other checks together with other relevant criminal records searches.
The Service Provider promises it will promptly disclose to fastgardener all matters which are material to the Service Provider’s ability and suitability to perform the Services as well as any material changes thereto.
Relationship between parties
If fastgardener decides in its absolute discretion to accept the Service Provider’s application, fastgardener shall include the Service Provider on the Website as a potential supplier of Services subject to the terms of this agreement. In such case, the Service Provider authorises fastgardener to act as booking agent for the Service Provider whereby fastgardener processes bookings, takes payment and contractually commits the Service Provider to supply Services to Customers on the basis of this agreement and the Customer Terms and Conditions.
The Service Provider acts as an independent contractor and shall not be an employee of fastgardener. The Service Provider shall be fully responsible for any tax and national insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with this agreement or the Services. The Service Provider shall indemnify fastgardener against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable by fastgardener in connection with or in consequence of any such liability, deduction, contribution, assessment or claim, other than where such liability, deduction, contribution, assessment or claim arises out of the negligence or wilful default of fastgardener. fastgardener may at its option satisfy such indemnity (whether in whole or in part) by way of deduction from the payments due to be paid to it under this agreement.
If a Service Provider accepts a contract with a particular Customer whether once-off or otherwise, the Service Provider agrees to supply Services to that Customer in accordance with the terms of this agreement. The Service Provider acknowledges that, notwithstanding any obligations of the Service Provider to fastgardener herein regarding the standard of such Services, the Service Provider contracts direct with each Customer for the supply of Services and that, in the event of a dispute with the Customer, the Service Provider’s recourse is against the Customer and not fastgardener.
The Service Provider promises that it has the necessary skills to supply the Services.
The Service Provider shall supply the Services in accordance with a high degree of professionalism and the highest industry standards.
The Service Provider shall take a photo of the work area before and after carrying out any work.
The Service Provider shall speak with the customer before the date of the booking to confirm the hours are sufficient to deliver the outcome desired by the customer.
The Service Provider shall show the customer the work carried out before leaving the premises.
The Service Provider shall ask the customer to write a review of the work carried out on our nominated review platform (e.g. Google).
The Service Provider shall provide a review of their experience of fastgardener on our nominated review platform (e.g. Google).
Where provided, the Service Provider shall arrive at bookings with fastgardener magnetic vehicle stickers prominently displayed on the vehicle and wearing fastgardener uniform.
The Service Provider agrees that payments may be reduced and/or delayed, and access to the website may be suspended and/or terminated, if they fail to carry out Services as specified in these terms.
The Service Provider shall comply with applicable laws and regulations in the supply of the Services and otherwise in connection with this agreement.
The Service Provider shall take reasonable steps to arrive at the Services location on time and to comply with reasonable requests by Customers in connection with the Services.
The Service Provider shall possess Public Liability insurance and will provide fastgardener with details of the insurance provider upon request. In an event arising in an insurance claim by a Customer, fastgardener will handle the Customer's claim. fastgardener will issue a separate claim, for the same amount as the Customer's claim, to the Service Provider's insurance policy provider.
The Service Provider acknowledges that fastgardener will notify the Service Provider of any Customer cancellation by email and it is the Service Provider’s responsibility to frequently monitor for such emails.
The Service Provider shall promptly notify fastgardener:
if for any reason it cannot attend any scheduled visit (in which case it must promptly notify the Customer also) or otherwise becomes unable or unavailable to supply the Services as contracted;
if it receives any complaints from Customers; and
of any grievance that the Service Provider may have in relation to Customers.
The Service Provider authorises to fastgardener to deal on his/her behalf with, and attempt to resolve, any complaint by a Customer in accordance with fastgardener’s complaint procedure. The Service Provider shall not communicate with any Customer regarding a Customer complaint without fastgardener’s prior approval in Writing.
The Service Provider shall:
comply with any guidelines or policies (including relating to Customer complaints) that fastgardener may issue from time to time in connection with the Services;
provide reasonable co-operation to fastgardener in connection with this agreement and comply with fastgardener’s reasonable requirements including prompt provision of such information and documents as fastgardener may reasonably request in connection with this agreement.
The Service Provider shall only use Customer contact information insofar as necessary to supply the Services. The Service Provider shall keep such information confidential and shall delete it 14 days after cancelling or completing a booking or immediately on request by fastgardener.
fastgardener does not guarantee that that the Service Provider will receive any, or any particular level of, contracts or revenues from this agreement.
fastgardener does not vet Customers and cannot provide any guarantees as to the conduct of Customers or the suitability or safety of their premises. Service Providers attend Customer sites at their own risk. Service Providers must leave immediately if they have any concerns as to such matters.
The Service Provider acknowledges that fastgardener expends significant resources in sourcing and maintaining its customers and is entitled to protect its commercial interests.
The Service Provider shall not during the period of this agreement supply any services to any Customer which have not been booked via fastgardener. The Service Provider shall not supply any services at all to any Customer for 2 years after the date of this agreement. The Service Provider will be asked to reimburse fastgardener with reasonable costs to cover the resources expended in sourcing and maintaining the Customer if the Service Provider supplies services to the Customer that have not been booked via fastgardener.
Under no circumstances should the Service Provider discuss with the Customer the fees agreed between fastgardener and the Service Provider.
fastgardener gives no guarantee as to the availability of the Website and is entitled to temporarily suspend the Website without prior notice for the purposes of repair, maintenance or improvement.
The Service Provider acknowledges that the Website may include Customer comments reviews / ratings (“Reviews”) relating to the Services provided by the Service Provider and that these will be publicly available for viewing. fastgardener is not responsible for monitoring or editing such Reviews. The Service Provider acknowledges that such Reviews may be critical or defamatory of the Service Provider. Notwithstanding that fastgardener may be aware or ought reasonably to be aware that such Reviews caused or contributed to publication of a defamatory statement about the Service Provider, the Service Provider releases fastgardener from any liability in connection with such defamatory statements provided that fastgardener offers the Service Provider a reasonable right of reply.
The Service Provider acknowledges and agrees that fastgardener is entitled to process the Service Provider’s personal data in accordance with the terms of fastgardener’s privacy and cookies policy which is subject to change from time to time.
Fees and Payment
The payments due to the Service Provider for Services are as advised by fastgardener to the Service Providers. fastgardener is entitled to change the payment rates by giving at least 7 days’ notice to the Service Provider in Writing.
The Service Provider may be charged a fee, equal to the value of the commission of the job, by fastgardener if the Service Provider accepts a job and subsequently fails to deliver the services without contacting fastgardener and the Customer 24 hours before the start of the job to attempt to rearrange the job.
If any amount due by you is unpaid, we may:
charge reasonable additional administration costs; and/or
charge interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998; and/or
arrange of the supply of Services to be suspended.
The Service Provider shall not be paid for cancelled bookings.
The Service Provider shall not be paid for bookings cancelled on the day of the service due to inclement weather or force majeure.
The Service Provider shall not request or accept any payment direct from any Customer. All payments must go through fastgardener.
The Service Provider can seek the Customer's approval to charge for extra services using the fastgardener website. Extra services can include offsite waste removal, additional hours, parking costs, and miscellaneous charges such as plants and fertilizer. The Service Provider will only be paid for extra services if recorded correctly in the fastgardener website or app.
The Service Provider shall not be paid for any extra services rendered if the Customer's consent to the extra charges was not provided before carrying out the extra services.
fastgardener shall use reasonable endeavours to remit payments due to the Service Provider by online bank transfer within 3 days after the Service Provider confirms that the relevant Services were provided. In the event of any Customer complaint, fastgardener is entitled to withhold from any payment otherwise due to the Service Provider (whether relating to Services supplied to the complaining Customer or a different Customer) such sum as it considers reasonable for such period as it considers reasonable. fastgardener is entitled in its discretion to use such withheld funds to make a payment to a Customer in satisfaction of a complaint.
By registering your account, you agree with the Stripe Connected Account Agreement which you can view online at https://stripe.com/gb/connect-account/ or by clicking here.
Payment processing services for Service Providers on the Website are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Service Provider on the fastgardener Website, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of fastgardener enabling payment processing services through Stripe, you agree to provide fastgardener accurate and complete information about you and your business, and you authorize fastgardener to share it and transaction information related to your use of the payment processing services provided by Stripe.
fastgardener shall pay interest on overdue sums at 2% over the base rate for the time being of Barclays Bank Plc.
fastgardener reserves the right to add to or discontinue the fastgardener Service or any part of it at any time in the future. Service Providers will be notified in Writing 7 days in advance of any proposed changes to charges or fees.
To be eligible for payment for any sign-up offers, suppliers must:
Be amongst the first of a pre-determined number of applicants.
Sign-up and complete a fastgardener booking.
Fully complete their profile including uploading a passport-style portrait photograph, liking the company on facebook, following the company on twitter, and other activities as described on the Website.
Sign-up offer payment is paid out 1 week following successfully completing a fastgardener job.
fastgardener are able to change the terms and conditions of the sign-up offer or to cease the offer at any time.
Liability and Indemnity
Any provisions in this agreement excluding or limiting liability will apply regardless of the form of action, whether under statute, in contract or tort including negligence or otherwise. Nothing in this agreement in any way excludes or restricts either party’s liability for negligence causing death or personal injury or for fraudulent misrepresentation or for any liability which may not legally be excluded or limited.
fastgardener shall not be liable for breach of this agreement unless the Service Provider has given fastgardener prompt written notice of the breach and a reasonable opportunity thereafter to rectify the breach at fastgardener’s expense.
The liability of fastgardener under or in connection with this agreement in respect of for any act or omission or any series of connected acts or omissions shall be limited to the amount paid to the Service Provider in the six months preceding the act or omission complained of.
In no circumstances shall fastgardener be liable for any consequential, indirect or special damages or for economic losses (including without limit, loss of revenues, profits, contracts, business or anticipated savings) or for damage to or loss of data or for damage for loss of reputation.
Both parties exclude all terms that are not expressly stated herein, including but not limited to any implied warranties as to quality, fitness for purpose or ability to achieve a particular result.
The Service Provider shall indemnify and hold harmless fastgardener and its successors, assigns, parent, subsidiaries and affiliates, and its directors, officers, employees, and agents against all losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of the breach by the Service Provider of this agreement or supply of Services by the Service Provider. fastgardener shall have the right to withhold its reasonable estimate of the total damages and costs from sums otherwise payable to the Service Provider pursuant to this or any other agreement between the parties, and to apply such sums to payment of such damages and expenses. fastgardener shall have the sole right to control the defence and settlement of any such claim save that fastgardener shall consult with the Service Provider prior to any settlement. The Service Provider agrees to provide reasonable assistance to fastgardener at the Service Provider’s expense in the defence of same.
Termination and Suspension
fastgardener may in its absolute discretion at any time whether with or without cause and whether with or without notice immediately (1) suspend the Service Provider from the fastgardener Services including removal of the Service Provider’s Profile from the Website and/or (2) terminate this agreement. For the avoidance of doubt, fastgardener’s foregoing rights of suspension and termination apply notwithstanding any “three strikes” or other policy which fastgardener may maintain relating to suspension / termination of service providers.
The Service Provider may terminate this agreement at any time by giving at least 14 days’ notice in Writing to fastgardener.
Upon termination of this agreement for any reason:
accrued rights and liabilities will be unaffected;
the Service Provider’s Profile shall be removed;
the Service Provider shall cease supplying Services;
fastgardener shall cease supplying the fastgardener Services; and
all clauses which are expressed or clearly intended to survive termination together with any other provision necessary for the interpretation or enforcement of this agreement.
You shall keep in confidence any information in any form (including oral) of a confidential nature obtained in connection with this agreement (including the terms of this agreement) and shall not without our prior written consent use that information other than for the purposes of this agreement or disclose it to any person.
Notices and Service
Any notice or other information required or authorised by this agreement to be given by any party may be given by hand or sent (by first class pre-paid post) to another party at its registered office or such other address as that party may notify to the other party for this purpose from time to time or, unless stated otherwise, by email (provided that the email has not been returned).
Any notice or other information given by post which is not returned to the sender as undelivered shall be deemed to have been given on the second day after the envelope containing the same was so posted and proof that the envelope containing any such notice or information was properly addressed pre-paid, registered and posted, and that it has not been so returned to the sender, shall be sufficient evidence that such notice or information has been duly given.
This agreement constitutes the entire agreement between the parties with respect to its subject matter and supercedes any previous communications or agreements between the parties. Both parties acknowledge that there have been no misrepresentations and that neither party has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
Neither party is liable for breach of this agreement if the failure or delay is caused by any circumstances beyond the party’s reasonable control.
Unless otherwise stated in this agreement, no amendment or variation of this agreement shall be effective unless in Writing (not email), expressed to be an amendment to this agreement and signed by a duly authorised representative of each of the parties.
The Service Provider may not assign the whole or any part of its rights or obligations under this agreement without the prior written consent of fastgardener, not to be unreasonably withheld or delayed.
The failure of a party to exercise or enforce any right under this agreement shall not he deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter.
If any provision of this agreement is held to be unlawful, void or unenforceable in whole or in part, this agreement shall continue in force in relation to the unaffected provisions and the remainder of the provision in question, and the parties will renegotiate the offending provision in good faith to achieve the same objects.
Save insofar as expressly provided otherwise in this agreement, no third party may enforce any clause in this agreement under the Contracts (Rights of Third parties) Act 1999.
This agreement shall be governed by and construed in all respects in accordance with the laws of England and each party hereby submits to the exclusive jurisdiction of the English Courts.