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Terms & Conditions

1. Definitions

 

1.1. Defined Terms: Unless the context requires otherwise, the following words have the meaning outlined below:

 

TopBuilders means TopBuilders Limited;

 

User(s) means Project Owner or Head Contractor;

 

The Project Owner means any person using the TopBuilders platform to enquire about Project Estimates, Project Quotes, and to request Services from Head Contractors;

 

The Head Contractor means the independent head contractor / builder or company that has signed up to the TopBuilders site, to connect and provide services for Project Owners, including but not limited to providing Project Estimates, Project Quotes, or to do building work for the Project Owner. The Head Contractor agrees that by using the TopBuilders platform and services they acknowledge that they and the subcontractors they pay, possess the relevant capabilities, qualifications, insurance, and experience required to complete the building work requested by the Project Owner;

 

Project Estimate means the estimated cost for a Head Contractor to perform services requested by the Project Owner, including but not limited to any material costs, labour costs, operational costs and profit margin of the Head Contractor. An estimate is not a quote and is for informational purposes only;

 

Project Quote means the total cost from the Head Contractor to perform services requested by the Project Owner, including but not limited to any material costs, labour costs, operational costs and profit margin of the Head Contractor.

 

Project means all services and or building work accepted by the Project Owner from the Head Contractor;

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Services means services offered by TopBuilders, including but not limited to the Project Estimator, and marketing services offered to Head Contractors;

 

Marketing Fee means any fee payable to TopBuilders from the Head Contractors as outlined here on our fees page;

 

Terms means these Terms and Conditions which may be updated at any time at the sole discretion of TopBuilders;

 

We and Us mean TopBuilders;

 

2. Acceptance

 

2.1. General: These Terms are a formal acceptance by the users of the TopBuilders platform of their obligations and the criteria for using the platform and services, including but not limited to the Project Owners, and the Head Contractors registered on our platform. TopBuilders reserves the right to update or modify any of the clauses contained in these Terms without notifying the users of the platform.​

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2.2 Project Owner Obligations: All Project Owners using the TopBuilders platform agree to the clauses contained in these Terms and to the following:

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2.3. You agree to TopBuilders sharing your contact information and project details with Head Contractors who have been assigned to the Project;

 

2.4. You agree to pay Head Contractors promptly when due;

 

2.5. You agree that TopBuilders is not liable and has no involvement in any Project building work or Project Services offered by the Head Contractor or any subcontractors that they engage;

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2.6. You agree to be contacted by TopBuilders at any time for the purposes of acquiring feedback or to assist you with your project.

 

3. Relationship: Users of the TopBuilders platform including Project Owners and Head Contractors agree to the following clauses:

 

3.1. The relationship between TopBuilders and the Head Contractor shall at all times be that of independent parties. No employment or joint venture relationship is formed by this agreement;

 

3.2. The Head Contractor has full autonomy over the way they carry out their business and interaction between themselves, the Building Contractors and Subcontractors they hire, the Project Owner, and TopBuilders as long as it adheres to the clauses contained in these Terms;

 

3.3. A contract between the Project Owners and the Head Contractor will be formed once the Project has been accepted by both parties. The Head Contractor will be hired directly as the head contractor of the Project by the Project Owner once both parties accept the Project, unless otherwise agree to in writing between TopBuilders and the Head Contractors.​

 

4. Payment: The Marketing Fees for TopBuilders are outlined on our fees page here. TopBuilders will invoice the Head Contractor any Marketing Fees payable to TopBuilders,

 

5. Assignment: TopBuilders reserves the right to assign or transfer all rights and obligations in these Terms to any entity. All other users may not transfer or assign their rights and obligations under these Terms without written approval from TopBuilders;

 

6. Severability: If any clauses in these Terms are to be found invalid, they will be deemed modified to the extent where the illegality is rectified. If this cannot occur the clause in question will be severed from these Terms and the remaining clauses shall remain valid and enforceable;

 

7. Indemnity: All users agree to share and indemnify and continue indemnifying TopBuilders from all damages, loss, costs, proceedings, actions, liabilities from any entity or person resulting from your actions or from services on the TopBuilders platform;

 

8. Cancellation: Users can cancel their membership and account with TopBuilders at any time via an email request;

 

9. Governing Law: These Terms and Conditions shall be governed by New Zealand law and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

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