Website Terms and Conditions of Use
The website www.marshallerrock.co.uk (“Website”) is owned and operated by Marshall Errock Construction Limited, a company registered in England with company number 2529029, whose registered office is at 85 High Street, Lees, Oldham OL4 4LY, England (“MEC”).
These terms and conditions (“Terms”) govern our relationship with you in relation to the Website. If you continue to browse and use the Website you are agreeing to comply with and be bound by these Terms. If you disagree with any part of these terms and conditions, you should not use our Website.
References to “you” and “your” in these Terms means the user of the Website and all persons purchasing any goods or booking any services through the Website. “We”, “us” and “our” all refer to MEC.
Formed in 1983, MEC has gathered details from various trades and holds substantial records which have been accumulated over 30 years throughout the UK and extensively in Scotland. In addition, MEC provides the ability through its website for tradesman, contractors and other professionals involved in the construction industry (“Candidates”) to register their business details with us on our database (“Business Details Database”). The names and numbers only from these business details will be made available to interested parties to purchase at a cost of £250 plus VAT per set of 50 Candidates. All other details registered by Candidates will be retained for MEC internal use.
MEC does not act as a recruitment agency and does not take any fees from Candidates or commissions, rebates or any other fees from purchasers of our Business Details Database (other than the purchase price of the database records referred to above).
Full terms and conditions relating to registration of Candidates and sales of Candidate details from our Business Details Database can be found below, together with general terms and conditions regarding your use of our Website.
1. Registration as a Candidate on our Business Details Database
1.1 To register as a Candidate on our Business Details Database you must be:
(a) a worker, sole trader, partnership or company resident or registered in the UK;
(b) provide brickwork or stonemasonry services to clients in the UK;
- You confirm that all information you provide to us in relation to your details and the details of your business are true and correct and not misleading. You may be asked to provide supporting documentation to back up any responses you have provided on your completed form.
- You agree that we are entitled to use your responses to rate your services in our MEC-designed internal rating system. We use this system to determine the suitability of prospective Candidate to work in their chosen job role.
- MEC reserve the right to amend a Candidate’s rating if information which is provided is false or misleading or if we consider the candidates abilities to be different to their rating. We also reserve the right to remove from our records any Candidate for any reason, at our discretion.
- You agree that we may retain all Candidate records for internal use, outside of our Business Details Database.
- MEC are not a recruitment agency and there are no fees charged to Candidates for registering their information with us.
- MEC provide Candidate details to third party employers who may be interested in employing or engaging the Candidate for work (“Clients”). The terms of any such employment or engagement which may result are arranged and concluded entirely between the Candidate and the Client. MEC has no interest or input into any such arrangements and has no liability in relation to any contract entered into as a result. Accordingly, Candidates are not covered by MEC’s insurance (unless employed directly by MEC on a PAYE basis). Payment for services provided is to be agreed between the Client and the Candidate and MEC will not act as arbitrator in the event of any dispute.
- Although MEC reserve the right to rate Candidates, and to distribute Candidate details to potential Clients on such basis as it may in its discretion determine, bricklayers and stonemasons details are selected and distributed on a random/lottery basis subject to vicinity the Client is requesting.
- Candidates should be aware that their details will be made available to Clients in those vicinities/regions in which the Candidate has stated on its application form that it is willing to travel. Once a vicinity has been specified, records will not be distributed outside this vicinity to any potential Clients.
- The matter of Quality Assurance is to be agreed directly between the Candidate and the Client. MEC will have no input, responsibility or involvement in arbitrary or financial decisions or ramifications resulting from any QA issues which may occur.
- Candidates should satisfy themselves of the financial status (and its ability to pay) of any Client that approaches them.
- Candidates should satisfy themselves that the place of work is safe prior to commencement.
- If Candidates want to remove their details from our Business Details Database they will need to log-in to their account and follow the online instructions to remove their details. Unless details are removed, we will continue to use the Candidates details as described in these Terms.
2. Purchases from our Business Details Database
2.1 MEC provide the ability for contractors or other interested parties (“Clients”) to purchase Candidate business details (names and telephone numbers) in blocks of 50 Candidates at a cost of £250.00 plus VAT.
2.2 Clients purchasing Candidate details have the ability to employ or engage Candidates directly, not through MEC. As such, Clients are responsible for all insurances, payroll, health and safety responsibilities and safe working, and any other terms and conditions of employment.
2.3 When choosing a vicinity, Candidates will be selected by our system on a random basis and Clients will be supplied with the names and phone numbers of Candidates only. It is the responsibility of the Client to agree rates and terms and conditions with its chosen Candidate.
2.4 In the event you have exhausted the list you have purchased you can by all means purchase a further list of 50. But again these will be provided to you on a random basis and may include duplicated Candidates. This cannot be avoided, and is therefore understood to be at your expense.
2.5 Should any phone number you have been provided with prove to be disconnected or no longer be live you may email firstname.lastname@example.org stating details of the number and name which is no longer valid. On confirmation of this being checked, you will be issued with three further random numbers in the same vicinity free of charge. This guarantee is offered for a period of 14 calendar days from the date of purchase. After that time the offer to replace disconnected numbers will expire.
- Please note that MEC cannot be held responsible for the work or conduct of any Candidate which may be sourced from our database.
- Payment Terms: Payment will be required by credit/debit card prior to the required list being made available to you.
2.8 Refunds cannot be provided if the Candidate is not of the desired age, sex, race, or nationality, as these criteria contradict our equal opportunities policy.
3. MEC projects
3.1 Outside of our Candidate system, MEC is available to quote Clients directly for projects on full supply and fix and scaffolding basis. We are also able to quote for all projects on a labour only basis in all vicinities, or a combination of the two can be priced. Please contact us directly if you are interested in receiving a quote for such work at: email@example.com.
3.2 MEC are also able to provide bricklayers on a day work basis. Please contact us directly if you are interested in receiving a quote for such work at: firstname.lastname@example.org.
3.3 Our new service which provides the names and numbers from our Candidate’s Business Details Database to interested parties is offered in addition to the services set out in clauses 3.1 & 3.2. Marshall Errock Construction have been trading for over 30 years and are on the tender list for a large quantity of main contractors. We receive invitations to tender and quote for many jobs but we are unable to accommodate all these jobs based on our current infrastructure. Our large database of bricklayers & stonemasons will therefore be made available to interested contractors who can utilise their services.
4 Accuracy of Information on the Website
4.1 Information advertised on our Website may be provided to us by third parties. We are not responsible for the accuracy of that information or ensuring that it is up-to-date.
5. Limitations and Exclusions of Liability
5.1 Our liability to you in relation to the use of our Website and any products or services purchased through our Website or under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, will be limited as follows: MEC and its employees will not be liable to you for any loss or damage of any nature whether arising directly or indirectly from the use of or reliance on information obtained from this website; MEC and its employees will not be liable for any consequential, indirect or special loss or damage and will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.
5.2 In no event will we be liable for any loss of earnings or damages resulting from MEC supplying details of Candidates. The £250.00 (plus vat) payable for accessing our Business Details Database is non-refundable.
5.3 Nothing in these Terms will limit or exclude our liability for death or personal injury resulting from our negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
5.4 By using this Website, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use this Website.
5.5 The Candidates chosen work area solely represents where the Candidate wishes to work, rather than where they live. Therefore, the client may receive Candidates that do not reside in their chosen work area and must decide agreeable terms with the Candidate themselves as is common practice.
6.1 If any provision of these Terms shall be found by any court to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these terms and conditions which shall remain in full force and effect.
6.2 If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
6.3 MEC reserve the right to delete a record if we have received incorrect, or duplicated, information. This will enable Candidates who are using the services as intended to be unaffected by any disruptive information and/or behaviour.
7.1 We may revise these Terms from time-to-time. Revised terms and conditions will apply to the use of our Website from the date of the publication of the revised terms and conditions on our Website. Please check this page regularly to ensure you are familiar with the current version.
8. Entire Agreement
8.1 These Terms constitute the entire agreement between you and us in relation to your use of our Website, and supersede all previous agreements in respect of your use of the Website.
9. Jurisdiction and Governing Law
9.1 These Terms shall be governed by and construed in accordance with English law. Any dispute, claim or matter arising out of, or relating to, these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.