Terms & COnditions

1. Definitions

 

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

 

TopBuilders means The Digital Marketer Limited (trading as TopBuilders);

 

User(s) means Project Owner or Project Manager;

 

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

 

The Project Manager means the building contractor or company (head contractor) the Project Owner will engage with to provide Project Estimates, Project Quotes, or to do building work for the Project Owner. The Project Manager agrees that by using the TopBuilders platform and services they acknowledge that they possess the relevant capabilities, qualifications, insurance, and experience to complete the work requested by the Project Owner;

 

Project Estimate means the estimated cost from the Project Manager to perform services requested by the Project Owner, inclusive of all fees and commissions from the Project Manager, the subcontractors, and operational costs including but not limited to TopBuilders' marketing fees. An estimate is not a quote and is for informational purposes only;

 

Project Quote means the total cost from the Project Manager to perform services requested by the Project Owner, inclusive of all fees and commissions from the Project Manager, the subcontractors, and operational costs including but not limited to TopBuilders' marketing fees;

 

Project means the services accepted by the Project Owner from the Project Manager;

Services means any service offered by TopBuilders, including but not limited to the Project Estimator, and marketing services offered to Project Managers;

 

Success Fee means any fee payable to TopBuilders from the Project Manager 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 Project Managers 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.

3. Project Manager Obligations: by using this platform all registered Project Managers on the TopBuilders platform agree to the clauses in these Terms, including the following obligations and restrictions:

 

3.1. Project Managers 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;

3.2. Project Managers agree to ensure that all building contractors and subcontractors hired have the relevant capabilities, qualifications, insurance, and experience to successfully complete the Project;

 

3.3. Project Managers agree that all building contractors and subcontractors hired are properly vetted and verified by the Project Manager and have evidence to support their ability to successfully complete the Project;

 

3.4. Project Managers 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. Project Managers agree to pay all success fees payable to TopBuilders as a result of our services, and platform, and as set out here in our fees section;

 

3.6. Project Managers agree to share all communications, emails, images, videos, or testimonials relevant to the Project with TopBuilders and give us unlimited access, license, and consent to use such material for marketing and training purposes;

 

3.7. Project Managers agree to give consent to TopBuilders to share their contact information with the Project Owners;

 

4. Project Managers agree they must not attempt to circumvent or avoid TopBuilders' success fees or risk having your account terminated;

 

4.1. Project Managers agree that TopBuilders may terminate their account at any point for whatever reason. Outstanding success 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. Project Managers 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 success fee will be applicable;

 

4.3. Project Managers agree to disclose all invoices, quotes, and the agreed amount between themselves and the Project Owner, and Contractors;

 

4.4. Project Managers agree to notify TopBuilders when any quote has been accepted by the Project Owner;

 

4.5. TopBuilders reserves the right to modify or update any part of these Terms including fee structure;

4.6. Fees charged to Project Managers 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 Project Manager is GST registered;

 

4.6.2. All TopBuilder fees exclude GST unless otherwise stated;

 

4.7. Project Managers 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 Project Manager will be subject to TopBuilders success fees;

4.9. The Project Manager may choose to invoice their services to builders, and have the latter work with and invoice the Project Owner directly as long as the builders agree to abide by our terms and conditions, privacy policy, and our payment fees and terms which will be applicable, and has written approval from TopBuilders. The Project Manager will still be liable for all success 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 quotes if they intend to pay for those services;

 

5.2. You agree to TopBuilders sharing your contact and project details with Project Managers;

 

5.3. You agree to pay Project Managers promptly when due;

 

5.4. You agree that TopBuilders is not liable and has no involvement in any Project building work or services offered by the Project Manager or any subcontractors;

 

5.5. You agree that you will disclose the total amount you have been invoiced and quoted for by the Project Manager;

 

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 Project Managers agree with the following clauses:

 

6.1. The relationship between TopBuilders and the Project Manager shall at all times be that of independent contractors. No employment or joint venture relationship is formed by this agreement;

 

6.2. The Project Manager 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 Project Manager will be formed once the Project has been accepted by both parties. The Project Manager 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 Project Manager.

7. Marketing Material: The Project Owner, Project Manager, and TopBuilders agree that all content, images, videos, and client testimonials ("Marketing Material") in respect of the work carried out and uploaded to the TopBuilders platform are the exclusive property of TopBuilders. TopBuilders reserves the right to use the Marketing Material indefinitely. Use of this Marketing Material includes, but is not limited to: websites; social media; digital and out-of-home advertisements (including print);

 

8. Payment: The fees for TopBuilders are outlined on our fees page here. TopBuilders will invoice the Project Manager any fees payable to TopBuilders, including but not limited to Success Fees which are invoiced once the Project has been accepted and secured (not when the building work begins or ends).

 

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.