Terms of Business
These are the terms and conditions upon which we supply our commercial services to our business clients.
These are the terms and conditions upon which we supply our commercial services to our business clients.
If you want to make use of our services, you will have to sign and return the declaration at the end of these terms and return a signed copy to us at info@planthiresupermarket.com. Once you have signed and returned a copy of this agreement to us or have accepted terms and conditions on our website, and we have emailed you confirming acceptance of your Order, there will be a binding contract between us.
It makes things a lot easier if we define at the outset what certain words will mean when we use them in these terms and conditions. That means, for the words listed below, from this point on when you see them used in this document, the words will have the meanings you see in this section of our terms and conditions.
“Conditions” means these terms and conditions. Please bear in mind that we may change these Conditions from time to time, and if we do, we will let you know and the new version of the Conditions will apply to the Contract we have with you from that moment onwards.
“Contract” means the contract we have with you that is subject to these Conditions and which together we have created through the process of your submission of an Order and our acceptance of that Order.
“Plant Hire Supermarket” means us, and Plant Hire Supermarket, a company incorporated in England under registration number 7431363 and whose registered office is located at 92 Branstone Grove, Ossett, West Yorkshire, WF5 9SU. When we use words like “we”, “us” and “our” in these Conditions, it is to Plant Hire Supermarket that we refer.
“supplier or customer” means you, the organisation that is engaging our Services and which is named in the Order or, depending on the context, other organisations doing likewise. When we make use of the term like “you” and “yours” in these Conditions then, unless we specifically say otherwise, we mean you, our Client.
“Account”means the account that you create with us when you submit your Order and we accept it.
“Commencement Date” means the date that your Order is accepted by us. This is the date upon which these Conditions will come into effect and the date upon which we will start to supply our Services to you.
“Content”means the content you post to our System using the Services.
“Credentials” means the username and password set up for your Operators, who will only be able to access the System by using Credentials that are current.
“Database” means the database lying at the heart of the System, that is designed and maintained by us and which is made up of Content posted to the System by our Users and Clients.
“Fees” means the charges that you pay to us for use of the Services. When we change the Fees, we shall notify you in advance so that you have a chance to adapt your use of the Services, as you feel appropriate. The new Fees will take effect from the date specified in the notification, which will be not less than 14 days after the date that we send that notification to you. Unless otherwise stated, the Fees include relevant local taxes.
“Intellectual Property Rights” means all those tangible things that can be owned and controlled notwithstanding the fact that they are not physical. This includes things like copyright, trademarks, domain names, database right and a host of other Intellectual Property Rights, wherever they might take effect in the world. It covers all such Intellectual Property Rights, whether they are registered or not, and whether they insist at the Commencement Date or come into existence some time later. This term also includes applications for registered Intellectual Property Rights that are pending as at the Commencement Date and Intellectual Property Rights whose term of protection has been renewed or extended somehow.
“Order” means the order you have placed with us, citing details relating to the Client and the nature of the Services that you seek to use.
“Package” means the package of Services that you have purchased when placing your Order (or subsequently amending your Order).
“Security Policy” means a policy we set down to ensure the safety and security of the Users, as amended from time to time.
“Services”means the commercial services that we offer to our clients and which are set out in detail on the Website.
“System” means the service that we supply to our Users as further defined in the
Registration Terms as “the Service.”
“Users” means individuals who have signed up to the Registration Terms and are making use of the System, where such use is permissible under our Registration Terms.
“Term” means the duration of the Contract, from the Commencement Date until the Termination Date.
“Termination Date” means the effective date that this Contract is terminated.
“Website” means the website hosted at an IP address corresponding to the URL www.planthiresupermarket.com
When you see the words “includes” or “including” used in these Conditions, it means without limitation to what then follows, which is really an example.
You can take it that when we refer to legislation, we are also referring to all subordinate legislation (rules and regulations) that are set down under or pursuant to that legislation. Those references also include instances where the original legislation we refer to is replaced by new legislation that does the job of the legislation we referred to.
When we refer to something being “in writing” or “written”, this includes emails or other forms of electronic communication, including messages sent to your account or notifications sent to you via any App that you might be using.
Subject to your payment of the Fees which are set out at Schedule 1 of these Conditions, we grant you the right to make use of our Services in accordance with these Conditions.
We will provide the Services to you in accordance with these Conditions provided that you have paid the Fees when they were due and that you have complied with your obligations under the Conditions.
You may change the specification of the Services by contacting us at any time before the Services in question are scheduled to commence. Where the change you make to the Services involves a change in the Fees, the new Fees shall apply from and including the day on which you make the change and your next payment will be adjusted pro rata to take account of the change. Your Order will be deemed to have been amended accordingly.
In consideration of supply of the Services, you will pay our Fees as set out at Schedule 1 of these terms unless a notice of discount is applied on the declaration page. Save as expressly set out in this Contract our Fees are non-refundable..
If you are not satisfied with our Services, you should notify Plant Hire Supermarket immediately. All fees will be paid by direct debit, in full and in cleared funds to our bank account nominated in writing by us and time for payment shall be of the essence. We do not accept payment via cheque.
You will be liable for any fees charged by your bank for the transfer of funds to any of our bank accounts.
We reserve the right to suspend your use of the Services or to terminate the Contract and delete your Account if you do not pay the Fees when they are due. We may, at our discretion, suspend the provision of the Services to you temporarily for the duration of any period in which the payment of Fees is overdue and we will not be obliged to repay any portion of the Fees paid in advance or to reduce the Fees chargeable for any period during which the Service has been suspended.
If, at your request, we provide any additional Services that are not specified as included within the Fees charged for the Services or Package to which you have subscribed, we can charge you for those additional Services at our current rates, which will be collected in your next payment.
In the event of termination of the Contract, we shall attempt to collect any outstanding fees of the date of termination (or as soon as practicable thereafter). If we are unable to do so, we shall forward you an invoice in that amount, which will be payable no later than 14 days of the date of that invoice. If you fail to settle that invoice, we may pursue you for the recovery of that debt and if we do, we shall charge in addition interest of that debt at 8% above the base lending rate of the Bank of England, together with any administrative fees permissible under the Late Payment of Commercial Debts (Interest) Act 1998. The interest chargeable will accrue on a daily basis from the date upon which payment was due until the date upon which payment is made, whether that is before or after judgment is given.
If you, whether directly or indirectly, introduce a User to a third party, or pass to a third party any details resulting in any form of engagement or similar arrangement during the Term or within 12 months of the Termination Date of this Contract, you will pay to us Fee that we would have charged had that engagement or arrangement been made via Plant Hire Supermarket.
The security of our Clients and Users is of paramount importance to us. You agree to take all measures necessary to ensure that you comply with our Security Policy and you will ensure that your Operators do likewise, providing them at your expense with any training that is needed for the purpose.
In particular, you will ensure that all Credentials are stored securely and that passwords are sufficiently strong to withstand social hacking techniques.
You will co-operate with any investigation relating to security that is carried out either by Plant Hire Supermarket and Associated Companies or by some third-party authorised to do so either by us or under applicable law.
If we become aware that you are making deliberate use of the Services for any purpose that endangers the security, safety or enjoyment of our Users, we may at our discretion, suspend the delivery of the Services of terminate the Contract with immediate effect and without notice.
If you become aware of anyone that is making deliberate use of our Services, you agree to inform us. Please do not assume that we are already aware of it. We’d rather be told by a dozen different Clients than risk missing something important.
This Clause sets out the various promises you make when forming this Contract with us and defines your obligations under these Conditions.
You agree to supply us with copies of all correspondence which you send to our Users.
In the event that you offer one of our customer’s equipment or services you agree to notify us immediately and provide us with details of the proposed contract through the website portals and not by any other means.
You agree that you will pay our Users the agreed rates for equipment or services as set out in these and in your terms and conditions. Plant Hire Supermarket are not responsible for any fees accrued in any contract between customer and supplier registered with this service.
You agree to notify us if you offer services advertised to you on the website which you directly offer outside of the website.
You agree to notify us if you engage a User for any other reason, than for the role they were initially engaged to undertake, or if there is any change whatsoever in the Users role with your company.
By agreeing to these terms of business you will not attempt to replicate or reproduce our System or the Services whether during the Term or after the Termination Date.
You will not remove, suppress or modify (or attempt to do any of those things) any proprietary markings including any trade marks or legal notices concerning the ownership of Intellectual Property Rights that appear on the Website or the System. You also agree not to post any Content to the System or create any material outside the System for the purpose of promoting your development of the Services that might confuse Users or third parties as to the ownership of the System and Website or that might affect the distinctiveness of our trade marks, trade dress or other indicia, whatever that might be.
You will be solely responsible for providing and maintaining any equipment or network connectivity that you use to access the Services. You acknowledge that we will not be liable for your failure to access the Services. You acknowledge that we will not be liable for your failure to access the Services where that failure can be attributed in whole or in part to any hardware or network failure that is not within our ownership or control.
You will be solely responsible for the Content posted to the System by you or on your behalf and that you will ensure that it complies with these Conditions and that such Content is accurate and free from viruses or other malware. You are responsible for backing up your Content and for maintaining procedures that will facilitate you to reconstruct Content that is lost and you acknowledge and accept that we will not be liable under any circumstances for loss or damage you suffer following the loss or corruption of Content that could have been recovered or reconstructed had you had appropriate procedures in place.
You will not resell, re-market or otherwise distribute the Services or any part of them.
You warrant that the Content you post or which is posted on your behalf will not infringe the Intellectual Property Rights of any third party, nor will that Content contain anything that is offensive, obscene, abusive, libellous, false, deliberately misleading, or is otherwise illegal, nor will you make use of the Services for the distribution of unsolicited commercial mailings (otherwise known as ‘spam’). In order to mitigate the damage done by the posting of any such Content whether such Content has been posted deliberately or accidentally) we shall, as soon as we become aware that there may be an issue, immediately suspend the Content in question while we investigate. We may also, in more serious cases, at our discretion suspend your access to the Services or even terminate this Contract and delete your Account.
Our approach to the processing of personal data relating to our Users is set out in our Privacy Policy. We will never provide you with any data from which you identify a User save as provided for in this clause. Other than this, we will never provide you with any data from which you identify a User and all other data to which you will have access will be aggregated and anonymised.
However, content that you create, such as information about you or your contact details may contain Personal Data (as defined by the Data Protection Act 1998) and we will process that Personal Data in accordance with this clause.
We will:
process Personal Data and other information supplied by you solely to provide the Services under these Conditions and in accordance with your lawful and reasonable written instructions;
comply with our obligations under the Data Protection Act 1998 concerning the implementation of appropriate organisation and technical security measures to safeguard the Personal Data supplied by you;
not disclose the Personal Data or other information supplied by you to any third party other than on your written instructions or as required by law;
maintain suitable back-up facilities for the Personal Data you provide at no cost to you; and immediately forward to you communications from data subjects, regulatory bodies and other third parties concerning the Personal Data that you have supplied and not respond to or act on such communications without your prior agreement.
This contract will commence on the Commencement Date and will continue indefinitely until terminated in accordance with these Conditions.
You may terminate the Contract at any time after the expiry of any minimum term applicable to the Package you have purchased in accordance with our Cancellation Policy, a copy of which can be found on the Website. In the event that you offer one of Users an internship but they do not complete their Placement for whatever reason, you will still be liable to pay our Fees.
Without limiting its other rights or remedies, either party may terminate the Contract with immediate effect by giving written notice to the other party if the other party commits a material breach of this Contract.
We may terminate the Contract if you are unable to pay your debts (within the meaning of section 123 of the Insolvency Act 1996) or you become insolvent or an order is made or a resolution passed for your administration, winding-up or dissolution (otherwise that for the purposes of a solvent amalgamation or reconstruction) or an administrative or other receiver, manager, liquidator, administrator, trustee or similar officer is appointed over all or any substantial part of your sheets or you enter into or propose any composition or arrangement with your creditors generally of anything analogous to any of the above occurs in any applicable jurisdiction within which you operate.
We may terminate the Contract if you use the System and/or the Services to post Content that breaches these Conditions.
We will delete your Account following termination, however it comes about. You will remain liable for any and all sums accrued and which are due prior to, or after the effective date of termination. If you have cancelled your bank mandate or credit card mandate when we attempt to make collection, we will forward you an invoice for the outstanding sum, payable within 14 days.
All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Supplier.
We warrant that the Services will comprise of the facilities and functionality described in this Contract.
Should you come across an element of functionality that is not operating correctly, you may inform us of this by contacting us at info@planthiresupermarket.com pointing out the nature of the error and the time and date at which it was encountered. We shall use reasonable endeavours to replicate the error, and should we be able to isolate and identify the cause of the error, we will fix it as soon as reasonably practicable.
We will not be liable for any deficiency in the Services attributable to operator error, deficiencies or errors relating to any third party component not provided by us or third party connectivity needed by you to connect to the System and access the Services, nor shall we have any obligation under this condition where difficulties you have encountered are as a result of your use of the Services and the System for a purpose for which they are not intended or in a manner that is not consistent with these Conditions or as a result of the negligence or wilful misconduct either of yourself or your Operators.
Plant Hire Supermarket acts as an agent and does not directly or indirectly hire, or own equipment or any service in connection with them.
We will use our reasonable skill and care in providing you with equipment and services to fulfil your requirements and we will provide you with all relevant personal information that we hold relating to the User. However, the final decision to engage in any contract rests with you. We therefore strongly advise you to check all personal details, documentation, and references carefully.
Plant Hire Supermarket does not offer any representation or warranty as to the suitability, honesty or capability of any User and we cannot guarantee that the User will attend for or complete his or her internship.
Where any of the obligations relating to the delivery of the Services are sub-contracted by us to a third party, we will remain liable for the acts and omissions of those contractors as if they were our own.
Our liability to you in respect of all other claims, losses or damages, Whether arising from contract, tort (including negligence) or otherwise under or In connection with these conditions arising in any calendar year commencing on The commencement date or an anniversary thereof (where, for a series of Connected claims, the calendar year in question shall be the first such year of The first event giving rise to a claim), shall in no event exceed the aggregate Of all fees paid or payable by you in that period.
Subject to conditions 10.7.1 and 10.7.2 we will not be liable to you for any Indirect, special or consequential loss or damage; or any loss of profits, Turnover, data, business opportunities, anticipated savings or damage to Goodwill (whether direct or indirect).
Nothing in these Conditions shall act or be construed so as to act in any way to limit our liability for:
death or personal injury caused by our negligence, or the negligence of our employees, agents or sub-contractors (as applicable); or
Fraud or fraudulent misrepresentation by us or our employees.
We will treat as confidential all Content that you upload to the System but which you do not intend to make public, such as information relating to your Account or method of payment or information to be accessed by you or those acting on your behalf for the purpose of making use of the Services.
We will not be liable to you for our failure to deliver the Services for any reason that is beyond our reasonable control.
You will permit us to post job adverts onto external databases on behalf of your company.
We are satisfied that our delivery of the Services will comply with English law. You will ensure that when making use of the Services, you (and those acting on your behalf) will comply with all applicable laws and regulations whether under English law or the law of your own jurisdiction, wherever that happens to be. We will not be liable should you (or those acting on your behalf) fail, whether directly or indirectly, deliberately or accidentally, to comply with those laws and regulations and you will indemnify us for any loss or expense we incur as a result of dealing with any investigations, claims or other regulatory or civil action that occurs as a result of that failure.
You (our Client) and we (Plant Hire Supermarket) are independent businesses and we are not operating in partnership or in any kind of principal/agent or employer/employee relationship, nor in any other relationship of trust to each other.
In order to have the effect intended for them, some of the provisions of these Conditions will survive the termination of the Contract, howsoever that comes about.
The un-enforceability of any part of these Conditions will not affect the enforceability of any other part.
Just because we do not insist on your compliance with any one or more of your obligations under these Conditions does not mean that we waive our right to insist on that compliance at some later date.
There may be occasions when the law requires information that we give you or communications you wish to send us have to be in writing. Where that is the case, you agree that such communications and information may be transmitted electronically. Nevertheless, if you wish to write to us in hard copy, you may address your letter to the registered office address given at the top of these Conditions. For the purpose of these Conditions, you may deem that we have received that letter seven days after the date you have posted it (to give us the chance to collect it).
You recognise that your breach (or threatened breach) of these Conditions may cause irreparable harm to us and that in such a situation, we are entitled to seek an injunction or other equitable relief to prevent that breach or further occurrences of that breach in future.
With regard to any indemnity given by you to us or us to you under these Conditions, the party with the benefit of that indemnity will take all reasonable steps to reduce or mitigate the loss covered by that indemnity.
No person who is not a party to our Contract with you shall have any rights under the Contracts (Rights of Third parties) Act 1999 to rely upon or enforce any of the provisions of these Conditions. However, this does not affect any right or remedy of the third party which exists or is available apart from that Act.
The Contract between us incorporates these Conditions to the exclusion of all others, together with the Order and the Privacy Policy, which constitutes the entire agreement and understanding between us and you in respect of the matters dealt with in it and supersedes, cancels and nullifies any previous agreement between us in relation to such matters. You agree that in entering into the Contract, you do not rely upon, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) other than as expressly set out in these Conditions and any document referred to in them. The only remedy available to you in respect of any such statements, representation, warranty or understanding shall be for breach of contract under the terms of these Conditions.
These Conditions and the Contract are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the English Courts.
These documents must not be copied or altered. ©