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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3. Head Contractor Obligations: by using this platform all registered Head Contractors on the TopBuilders platform agree to the clauses in these Terms, including the following obligations and restrictions:
3.1. Head Contractors agree to abide by the clauses set out in the Constructions Contracts Act 2002, the Building Act 2004, and the Building (Residential Consumer Rights and Remedies) Regulations 2014;
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3.2. Head Contractors agree that they have the relevant capabilities, qualifications, insurance, and experience to successfully complete the Project;
3.3. Head Contractors agree that all building contractors, and subcontractors the Head Contractor pays, are properly vetted and verified by the Head Contractor and have evidence to support their ability to successfully complete all services requested from them;
3.4. Head Contractors agree to communicate promptly with the Project Owner and TopBuilders whenever there are new developments or updates to the Project including but not limited to Project Estimates, Quotes, Project Owner job acceptance, completion, and payment;
3.5. Head Contractors agree to pay all marketing fees payable to TopBuilders as a result of our services, and platform, and as set out here in our fees section;
3.6. Head Contractors agree to give consent to TopBuilders to share their contact information with the Project Owners;
4. Head Contractors agree they must not attempt to circumvent or avoid TopBuilders' marketing fees or risk having their account terminated;
4.1. Head Contractors agree that TopBuilders may terminate their account at any point for whatever reason. Outstanding marketing fees will still be payable to TopBuilders for current Projects and future Projects that arise as a result of TopBuilders and its services;
4.2. Head Contractors agree to not refer building work or Projects to a third party, unless it abides by clause 4.9. If building work or Projects are referred our marketing fees will be still be applicable;
4.3. Head Contractors agree to disclose all invoices, quotes, and the agreed amount between themselves and the Project Owner, and Subcontractors;
4.4. Head Contractors agree to immediately notify TopBuilders when quotes have been accepted by the Project Owner;
4.5. TopBuilders reserves the right to modify or update any part of these Terms including the marketing fee structure;
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4.6. Marketing Fees invoiced to Head Contractors from TopBuilders are a marketing expense and are to be considered an operational cost of business, and cannot be itemised in quotes and invoices to the Project Owner;
4.6.1. GST must be applied to the invoice if the Head Contractor is GST registered;
4.6.2. All TopBuilder Marketing Fees exclude GST unless otherwise stated;
4.7. Head Contractors agree to not solicit or promote their services or products outside of the TopBuilders platform to the Project Owner;
4.8. Subsequent Projects between the Project Owner and the Head Contractors will be subject to TopBuilders Marketing Fees;
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4.9. The Head Contractor may choose to invoice their services to third party builders, and have the latter work with and invoice the Project Owner directly as long as the all involved parties agree to abide by our terms and conditions, privacy policy, and our marketing fees which will be applicable, and has written approval from TopBuilders. The Head Contractor will still be liable for all marketing fees payable to TopBuilders.
5. Project Owner Obligations: All Project Owners using the TopBuilders platform agree to the clauses contained in these Terms and to the following:
5.1. Project Owners must only request Project Estimates and Project Quotes if they intend to pay for those services in full;
5.2. You agree to TopBuilders sharing your contact information and project details with Head Contractors who have been assigned to the Project;
5.3. You agree to pay Head Contractors promptly when due;
5.4. 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;
5.5. You agree to disclose the total amount you have been invoiced and quoted for by the Head Contractor;
5.6. You agree to be contacted by TopBuilders at any time for the purposes of acquiring feedback;
6. Relationship: Users of the TopBuilders platform including Project Owners and Head Contractors agree to the following clauses:
6.1. The relationship between TopBuilders and the Head Contractor shall at all times be that of independent contractors. No employment or joint venture relationship is formed by this agreement;
6.2. 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;
6.3. 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.
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7. Marketing Material: The Project Owner, Head Contractor, and TopBuilders agree that all content, images, videos, and client testimonials ("Marketing Material") in respect of the work carried out and shared with TopBuilders are the exclusive property of the User who produced and owns the material; and all parties agree to grant TopBuilders unlimited access, license, and consent to use such material for marketing and training purposes;
8. 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, which will be invoiced once the Project has been accepted, and once TopBuilders believes payment has been made between the Project Owner and the Head Contractor.
9. 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;
10. 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;
11. 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;
12. Cancellation: Users can cancel their membership and account with TopBuilders at any time via an email request;
13. 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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