Skillfair User Agreement
Skillfair is a trading style of the UK IT Association Ltd, Company Registration Number: 04488271
VAT Number: 807799283 – Registration Location: 14/15 Burway Trading Estate, Bromfield Rd, Ludlow SY8 1EN, United Kingdom
Skillfair provides a service which connects buyers and sellers of consultancy services. Sellers of consultancy advertise their skills and services through the Skillfair Consultancy Directory. Buyers of consultancy advertise projects for which they need consultants through the Skillfair Project Exchange or can search the Consultant Directory for Consultants with suitable skills.
is any user of the Skillfair Web Site
is a person or company that has joined Skillfair to offer consultancy services through the Web Site.
is a person or company that has joined Skillfair in order to obtain consultancy services.
is a person or company that has registered with the Skillfair Web Site but has not paid a Membership Fee and therefore has restricted access to the Web Site.
are the fees payable to Skillfair by Consultants, Clients or Guests either for annual membership or for additional services.
is a Client, Consultant or Guest that has joined Skillfair after being referred by an existing member.
is a Consultant who has referred a new member to Skillfair.
Project or Opportunity
is a requirement for consultancy services that is placed on the Web Site. A Project should be a definite, fee-paying assignment whereas an Opportunity can be a request for help with a bid, search for potential associates or other less specific requirement
is the person or company that has posted a Project or Opportunity on the Web Site
is a requirement for consultancy services that has been obtained by Skillfair from a public domain source and posted on the Web Site
is the agreement between a Client and Consultant for services to be performed.
is the process undertaken by Skillfair to verify the contact details and qualifications of a Consultant and the contact details of a Project Owner.
the Web site of Skillfair, available at http://www.skillfair.co.uk, or subdomains thereof.
is any text, graphics, link, program or other information available to view or download from the Web Site.
2. Terms and Conditions of Business
This User Agreement describes the Terms and Conditions on which Skillfair offers access to its Services and is applicable to the use of Skillfair’s Services at the Skillfair Web site as defined below or through our telephone help desk.
By using this Web Site the User agrees to accept and be bound by these Conditions. Skillfair (“Skillfair” or “We”) may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted. By continuing to use the site, you are indicating your agreement to the terms of this User Agreement and all revisions thereof. These Conditions are governed by the laws of England and Wales.
3. The Service
Skillfair functions as a facilitator to connect Clients and Consultants. Skillfair is not directly involved in the actual Engagements between Users of the Site. Skillfair provides the following services;
3.1 Consultant Quality Checking
All Consultant Members of Skillfair agree to have their professional experience and qualifications verified by Skillfair.
3.2 Consultant Directory
Consultant members are listed in the Consultant Directory on the Web Site. Clients or Consultants may search the directory to find and contact suitable Consultants for their requirements. Guest members may also search the directory but are limited to contacting no more than 5 Consultants.
3.3 Consultant Map
Consultant members may have a profile on Skillfair’s Google based Consultant Map. Clients or Consultants may search the map geographically or by keyword to find and contact suitable Consultants for their requirements. Guest members may also search the map but are limited to contacting no more than 5 Consultants.
3.4 Project Exchange
Users requiring consultancy services place adverts on the Project Exchange. All users may search the exchange for Projects or Opportunities. Only Client or Consultant members can contact the owner of a Project in order to bid for the Project.
3.5 Tender Alerts
Consultant members receive a daily and weekly alert of public sector Tenders matching their skills profile, this service includes UK OJEU and lower value Tenders. Guests can access tender details by payment of a fee per tender. All Tenders are reproduced as found on external websites and Skillfair is not responsible for errors or omissions in the original information.
3.6 Telephone Help Desk
Consultant and Client members can telephone Skillfair to ask for assistance in finding a particular set of skills. Skillfair will use its best endeavours to fulfil any requests but cannot guarantee success if a Consultant with the required skills is not listed on the Web Site.
Skillfair charges category specific membership fees to be a Client Member or Consultant member. Subscription are paid annually. Payments may be made via credit card or cheque payable to UK IT Association Ltd. The billing period begins on the date that Skillfair receives the User’s application to become a member and annual periods are calculated from the beginning of that billing period.
Skillfair reserves the right to increase membership fees or to institute new fees at any time, upon reasonable notice posted in advance on this Site. The renewal charges will be the same as the regular membership fees as described above, unless otherwise notified in advance. Users may upgrade their subscription at any time and the unused portion of the existing subscription fee will be credited toward the new fees. The billing cycle is then based upon the date Skillfair receives payment of the upgraded fees. Downgrading or cancellation of any subscription will not result in any refund of fees already paid.
4.2 Consultant Quality Checking
All Consultant Members of Skillfair agree to have their professional experience and qualifications verified by Skillfair. Consultant members are asked to provide evidence of the following; Contact details, Membership of professional bodies, Qualifications and training, Professional Indemnity insurance. In addition Consultant Members provide two references who are contacted by Skillfair. The progress of a Consultants Quality Checking is shown by the Quality Points displayed in their profile.
4.3 Information on the Site
As a User, You will be allowed to post information, data and text to publicly accessible and limited-access areas of the Site. Whenever You post any information on or to the Site You agree to provide true, accurate and complete information. Skillfair reserves the right to terminate Your account upon the discovery that the information You provided or posted is not complete or accurate.
You should use good judgement when posting information, remarks or other Content regarding other users, members, Skillfair or any other third party. You may be held legally responsible for damages suffered by other Users, Skillfair or third parties as a result of legally actionable or defamatory comments, remarks or other information or Content which You post to the Skillfair Site. Skillfair is not legally responsible for any remarks, information or other Content posted or made available on its Site by any User or third party, even if such information or Content is defamatory or otherwise legally actionable. Skillfair is not responsible for and does not monitor or censor Content for accuracy or reliability. However, Skillfair reserves the right to remove or restrict access to any information or Content posted or made available on its Site by its users or any third party if ordered to do so by a court or if Skillfair considers such information or Content to be in violation of its User Agreement or posted rules or policies, including information or Content We consider to be obscene, , excessively violent, harassing, illegal, overly disparaging or deprecating of Skillfair or other users or otherwise objectionable.
Skillfair neither endorses nor is responsible for the accuracy or reliability of any information or statement made on this Site by anyone other than authorized Skillfair employees acting in their official capacities. You understand and acknowledge that Skillfair is not responsible for and does not monitor content for accuracy or reliability except as explicitly stated in the Consultant Verfication Process.
The Site may contain links to other web sites or resources. You acknowledge and agree that Skillfair is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that We endorse the linked site. You use the links at Your own risk.
In order to operate the Site, Skillfair must have certain rights. Consequently, when You post information, text, files, links, attachments, software or other materials (“Content”) to publicly visible areas of the Site You are granting, or warranting that the owner of such Content has expressly granted, a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology now known or later developed.
Any agreement for the provision of services which is entered into between Users is the responsibility of those Users. You agree to be financially responsible for Your use of Skillfair and purchase of services and to perform your obligations under any contract for services that you agree with any other User.
Skillfair is not responsible for any liability related to the completion, timeliness, adequacy, and/or payment for services listed on our Site. Any questions, complaints or claims related to the completion, timeliness, adequacy, and/or payment for services should be directed to the appropriate User. We recommend that Users agree a contract and terms of reference for any engagement that they undertake prior to work starting.
Skillfair cannot guarantee the truth, accuracy, quality, legality, or safety of postings made by users and does not confirm the identity of users, except as explicitly defined in the Consultant Verification Process. We recommend that You be careful and exercise common sense and good judgment when dealing with any User on the Site.
4.5 Member Obligations
You agree NOT to do any of the following while using the Web Site:
Violate any applicable law or regulation.
Post or transmit any Content that You do not have the right to post or transmit under any law, contractual duty or fiduciary relationship.
Post or transmit any Content that infringes a third party’s intellectual property rights or rights of publicity or privacy.
Post or transmit any Content that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, tortious, threatening, pornographic, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), overly disparaging or deprecating of Skillfair or other users or otherwise objectionable.
Access,tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Tamper with postings of other users. Post logos, seals or slogans from third parties on any part of the Site unless they are provided by Skillfair or a Skillfair partner.
Solicit or gather any user’s information available from the Site, such as other users’ names and email addresses, for any commercial or business purposes other than the stated purpose of the site or to transmit any unsolicited advertising, “junk mail”, “spam” or “chain letters.
Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site.
Post false or misleading information about a product, service or service request.
Frame or link to the Site except as permitted in writing by Skillfair.
Impersonate or misrepresent Your affiliation with any person or entity.
Skillfair will provide notices by posting them on the Site and You agree to check the Site for notices. You also authorize Skillfair to send notices to You, at Skillfair’s discretion, via electronic mail unless You otherwise indicate in writing to firstname.lastname@example.org. Regardless of whether Skillfair sends an email notification, You will be considered to have received a notice when it is made available to You by posting on the Site.
To cancel Your membership subscription, You may call Skillfair Customer Support at 0844 4457071 and speak to a representative or write to Skillfair at UK IT Association Ltd, Palmers House, Corve Street, Ludlow, Shropshire, SY8 1DB. To cancel Guest registration, send requests to email@example.com
Client and Consultant membership fees are charged in advance and no refunds will be given upon cancellation. The cancellation of a subscription will not go into effect until the beginning of the User’s next billing cycle and no partial refunds for that cycle will be given. If Skillfair does not receive a membership payment on the billing cycle due date, Skillfair will downgrade the user to Guest user status. The User can reactivate his or her Skillfair membership at any time without penalty.
We may cancel Your registration if We reasonably believe that You have violated or acted inconsistently with the letter or spirit of this User Agreement, or violated our rights or those of another party. Skillfair reserves the right to terminate any user for any reason, at its sole discretion. We will notify You if We cancel your registration, unless in our judgment giving notice would cause a risk of further violation or damages. If Skillfair terminates this User Agreement based upon Your breach of any portion of the User Agreement, Skillfair reserves the right to refuse to provide registration and/or membership to You in the future.
You authorize us to assume that any person using the Site with Your User ID and password either is You or is authorized to act for You. You must therefore safeguard the User ID and password You use to access this Site.
7. Referral Program
Skillfair operates a referral program whereby Members can receive an incentive by referring new Users to the Site. This program is described fully here which is incorporated herein by reference.
8. Protection of Copyrights and Trademarks
The Web Site contains trademarks and other material furnished by Skillfair, its licensors, and other users. You should assume that everything You see or read in publicly viewable areas of the Web Site that was not furnished or received by You (such as images, photographs, illustrations, text and other materials) (“Content”) is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without prior written consent of Skillfair or the rights holder. You may not use the Content on any other web Web Site or in a networked computer environment for any purpose except your own personal viewing. In order to protect Skillfair’s and its Licensor’s trade secrets, You agree that You will not ‘reverse engineer’ any Content consisting of downloadable software, unless specifically authorized by the trade secret owner or otherwise permitted by law. If You violate any of these terms, Your permission to use the Content will automatically terminate; You must immediately destroy any copies You have made of the Content; and We may revoke Your authorization to use the Web Site.
9. Limitation of Liability
Without prejudice to the disclaimers and exclusions of liability set out in the user agreement or otherwise agreed with Skillfair neither Skillfair nor any other party involved in creating, producing, or delivering the Web Site (including, but not limited to, third party applications and Web Site content) shall be liable to any users or any other parties for any damages, whether special, incidental or indirect, whether based on breach of contract, tort (including negligence) or otherwise, whether or not that party has been advised of the possibility of such damage. The liability of Skillfair or its subsidiaries for damages or alleged damages hereunder, whether in contract, tort or any other legal theory, is limited to, and will not exceed, the amount paid by the users to Skillfair with regard to the transaction giving rise to the claim or eur 10.000, whichever is the higher.
10. Reservation of Rights
Skillfair and its licensors shall retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Web Site. User acknowledges that the Skillfair logo and name are trademarks of Skillfair, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Web Site may be the trademarks of their respective owners.
11. Errors and Disclaimer of Warranties
You use this Web Site at your own risk. We endeavour to provide a convenient and functional Web Site, but We do not guarantee that it will be error free or that the Web Site or the server that operates it are free of viruses or other harmful components. We urge You to keep backup copies of material You maintain on or use with the Web Site.
As mentioned above, We remind You to be careful in Your dealings with other users. Without limiting the foregoing, everything on the Web Site (including, but not limited to, third party applications and site content) is provided to you “as is” and “as available” without warranty or condition of any kind, either express or implied, including, but not limited to, any implied warranties or conditions of title, merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions ,may not apply.
Skillfair makes no warranty that the Web Site (including, but not limited to, third party applications and Web Site content) will meet user’s requirements, or that the Web Site will be uninterrupted, timely, secure, or error free. Skillfair does not make any warranty as to the results that may be obtained from the Web Site or as to the accuracy or reliability of any information obtained through the Web Site. Skillfair makes no warranty regarding any goods or services purchased or obtained through the Web Site or any transactions entered into through the Web Site. No advice or information, whether oral or written, obtained by user from Skillfair or through the Web Site shall create any warranty not expressly made herein.
You agree to defend, indemnify, and hold harmless UK IT Association Ltd, its officers, directors, employees, agents and partners, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Web Site or the Web Site Content, including without limitation claims against Skillfair for unsatisfactory performance of services listed on the Web Site, or Your violation of this User Agreement.
The paragraph headings in this User Agreement, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.
The User Agreement and the agreements referenced in this User Agreement comprises the entire agreement between you and Skillfair with respect to the use of the Web Site and supersedes all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any web site that links to or is linked from the Web Site.
We suggest that you print out a copy of this User Agreement to keep for your records.