Terms of Service for the use of FlexeBoss services and website
- 1. Background
- 1.1. www.FlexeBoss.com is an online legal marketplace for the purchase of legal services. FlexeBoss is not a law firm and we do not provide legal services or advice. We are not a legal referral service and do not select or endorse any Consultant Users.
- 1.2. We check that Consultants Users on the site are Solicitors registered to practice in the United Kingdom, however we cannot make any kind of guarantee as to their ability, competence, or quality. We merely make FlexeBoss available to enable you to identify and determine the suitability of a Consultant User yourself. We do not warrant the accuracy, quality or completeness of any information or assistance obtained from the Consultant User.
- 1.3. The following Terms of Service govern your access to and use of the FlexeBoss website www.FlexeBoss.com. Do not use the service unless you wish to be bound by the Terms because, by using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Policies. If you do not want to agree to these Terms of Service or our Policies you must not access or use the Site. The Service is for use in connection with legal services in relation to United Kingdom jurisdictions only. You are responsible for all compliance with laws and regulations which apply to you.
- 1.4. These Terms of Service do not apply to Consultant Users. Please visit the Consultant User Terms of Services for further information.
- 2.1. We make no warranty that FlexeBoss will be uninterrupted or error free, or that any defects will be corrected. Whilst we take steps to prevent misuse of our systems, we cannot warrant that FlexeBoss will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.
- 2.2. FlexeBoss is not a law firm, and we do not provide any legal services or legal advice. No legal professional privilege therefore applies to any information you provide through FlexeBoss and no duty of confidentiality arises through use of the Site. A legal professional privilege may (but will not necessarily) be formed through use of the Site between you and a Consultant User.
- Consultant User means a legal practitioner (Solicitor) or Patent/Trade Mark Attorney who may sells legal Services to a User. They are not employees or agents of FlexeBoss.
- FlexeBoss means FlexeBoss Limited, whose registered address is Sheringham House, 37 Whitelands Crescent, London, SW18 5QY and registered number is 09057077.
- Invoice means a bill for a completed Service which is raised by a Consultant User.
- Message Stream is where communications between a User and a Consultant User is conducted. Via the Message Stream the parties can exchange private information including attachments, send a Proposal, or raise an Invoice. FlexeBoss is entitled to read all communications on the Message Stream.
- Packaged Service means a service that is offered on the Site by a Consultant User with a defined specification and fixed price.
- Project means a requirement or specification from a User
- Proposal means work proposed by the Consultant User.
- Public Profile means the elements of the User Account which will be available to see by all other Users and any other person viewing the Site.
- Service means a Service and/or a Packaged Service provided through the Site.
- Service Catalogue is the listing where all the Packaged Service Items are located on the Site.
- Site means the website with the domain name www.FlexeBoss.com
- Specification means either the defined specification in the Service Catalogue in respect of the Packaged Service, or the specification agreed through the Message Stream in respect of a Project.
- User means a person, company, or organisation that has visited or is using the Website and/or the Service.
- User Account means the User Account set up in accordance with clause 5, which details the person or company which shall use the Site and who is party to these Terms of Service.
- User Content means all Content uploaded, submitted, distributed, or posted by the Users. User Content is the sole responsibility of the person who originated it.
- You or Your means you or your company as detailed on your User Account and who is party to these Terms of Service.
4. You and Your Consultant User
- 4.1. We check that the Consultant Users on the site are registered to practice Law in the United Kingdom, however we cannot make any kind of guarantee as to their ability, competence, or quality. We merely make FlexeBoss available to enable you to identify and determine the suitability of Consultant Users for yourself. We do not warrant the accuracy, quality or completeness of any information or assistance obtained from the providers. You should in all cases make your own enquiries as to the suitability of any Consultant User for your particular project.
- 4.2. In the unlikely event that you have a dispute with a Consultant User, you must address such dispute directly to the Consultant User concerned, or the Solicitors Regulation Authority (www.sra.org.uk). However, you agree to notify the details of the dispute to us as soon as reasonably practicable. We cannot be involved in your dealings with the Consultant User. In the event that you have a dispute with one or more Consultant Users, by using FlexeBoss you release us from any and all claims, demands and damages of every kind arising out of or in any way connected with such disputes.
- 4.3. If you accept a quote from a Consultant User, FlexeBoss will have no further involvement in the process other than providing you the ability to send private messages through the Messaging Stream to a Consultant User and providing You a payment service to make a payment to a Consultant User. We will not be a party to any contract made between you and any Consultant User and therefore we shall not be liable for any loss or damage that results from any dealings between you and any Consultant User. It is your responsibility to select a suitable Consultant User and to negotiate the terms of any Service to be performed by the Consultant User selected. Users may also request a written legal engagement agreement with the Consultant User specifying the terms, scope, limitations, and conditions of the representation.
5. User Accounts
- 5.1. Prior to using the Site, You must register for a User Account and You are responsible for accurately registering for an account, and are solely responsible for keeping Your account information updated.
- 5.2. Your User Account must be a personal account, but Users may trade as a sole trader, company or any other legal entity (whether incorporated or unincorporated). Users cannot register for more than one User Account.
- 5.3. We reserve the right to terminate the provision to you of FlexeBoss or restrict your access to FlexeBoss at any time without notice for any reason whatsoever, including if we suspect you to be in breach of any of the Terms.
- 5.4. You are solely responsible for any activity that occurs on Your User Account.
- 5.5. You must never use another persons User Account or registration information for the Site or allow any other person or User to use Your Account.
- 5.6. FlexeBoss shall use its reasonable endeavours to ensure the Site is working at all times, although it is agreed that there will be some disruption to the Site for maintenance and for issues which are beyond the reasonable control of FlexeBoss.
- 5.7. FlexeBoss shall have no liability to You for any time in which the Site is not operational or working correctly, including but not limited to any loss of business or loss of profits.
- 6.1. Purchasing Services
- 6.1.1. Users can purchase Services through the Site in two ways;
- i) Packaged Services, which are specified in the Service Catalogue and have a defined specification and fixed price.
- ii) Services where the User and the Consultant User discuss a Project and agree a specification, delivery time and price.
- 6.1.2. Users must not direct Consultant Users to another website for full details of the Project. All the information that a Consultant User would need to send you a proposal should be contained within your request.
- 6.2. Prohibited Services
- 6.2.1. The following Service are not accepted:
- i) Offers of permanent employment, partnerships, franchises or joint ventures. FlexeBoss is a marketplace for Legal services only.
- ii) Unpaid work, profit or revenue share, commission only, payment in exchange of skills or services. All Services should be paid for a fixed price.
- iii) Requests to complete university/ college/ school work.
- iv) Fraudulent requests for illegal services, spam or purely for the purpose of promoting another business or website.
- 6.3. Message Stream
- 6.3.1. The following actions are not allowed through the Message Stream:
- i) Make any offers or accept any offers to make payment outside of FlexeBoss. Attempts to pay outside of FlexeBoss will lead to sanctions not limited to immediate account suspension. Please report any attempts by a Consultant User to make payment outside of FlexeBoss to our Customer Support team.
- ii) Contact FlexeBoss Consultant Users in order to recruit them for employment or in order to promote your business or a third party website.
- iii) Post any offensive or abusive content, or anything else that is against our Terms of Service. We ask all Users to keep it friendly and professional at all times.
7. Fees for using the Site
- 7.1. Users Fees
- 7.1.1. The Site is free to use for the User. A small fee (20%) is charged to the Consultant User on payment of a Service.
- 8.1. All undisputed invoices must be paid by the User through PayPal.
- 8.2. Under no circumstances shall a User make any payments directly to a Consultant User for Services purchased through the Site. Any breach of this clause may lead to Your User Account being removed from the Site.
- 8.3. FlexeBoss reserves the right to routinely check any payments made through the Site as part of the Site administration.
- 8.4. For security reasons, FlexeBoss reserves the right to request additional information from You, including original documents, and to verify documents with issuing institutions. Therefore, we reserve the right to request the following proofs of identity:
- a. A copy of a Government issued ID (Passport, Driver's License or National ID Card);
- b. A copy of a recent utility bill showing your name and address (less than 3 months old);
- 8.5. All payments made shall be made in GBP.
- 9.1. When the Service is completed and the User has paid the Consultant User, You are asked to provide both qualitative feedback and a rating from 1-5 for the Consultant Service. This feedback is entered onto the Site
- 9.2. You must complete the feedback honestly. You must not falsify feedback, manipulate or coerce a Consultant User by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to FlexeBoss. Feedback comments that are reported to us as defamatory, abusive or offensive will be reviewed and may be removed at our discretion.
10. Intellectual Property Rights
- 10.1. FlexeBoss retains ownership of all intellectual property rights of any kind related to the Site and Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Site and the Service may be the trademarks of other third parties. These Terms of Service do not transfer from us to you any of FlexeBoss’s or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under these Terms of Service.
11. Privacy Statement
- 12.1. You shall keep FlexeBoss indemnified against all liabilities, costs, expenses, damages and losses (excluding any indirect or consequential losses, loss of profit, loss of reputation) and all other reasonable professional costs and expenses, suffered or incurred by FlexeBoss in connection with:
- i) Any claim brought against FlexeBoss for actual or alleged infringement of a third party's intellectual property rights arising out of, or in connection with, this Contract, to the extent that the claim is attributable to the acts or omissions of You, Your employees, agents or subcontractors; and
- ii) Any claim made against FlexeBoss by a third party arising out of, or in connection with this Contract or use of the Site
13. Limitation on Liability
- 13.1. To the extent permitted by applicable law, In no event will FlexeBoss, its affiliates or their licensors, service providers, employees, agents or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but no limited to personal injury, pain and suffering, emotion distress, loss of revenue, loss of profit, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. In the event that any limitation or exclusion of liability in the Terms is not enforceable, then we shall not be liable to you for more than £250 in aggregate in respect of matters arising out of any individual Service.
- 13.2. If you are dissatisfied with FlexeBoss or the term of these Terms, your only remedy under the Terms shall be to discontinue use of FlexeBoss. We shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
- 14.1. We reserve the right to terminate the provision to you of FlexeBoss or restrict your access to FlexeBoss at any time without notice for any reason whatsoever, including if we suspect you to be in breach of any of the Terms.
15. Data protection
- 15.1. You consent to FlexeBoss holding and processing data relating to You for legal, personnel, administrative and management purposes and in particular to the processing of any "sensitive personal data" (as defined in the Data Protection Act 1998) relating to the You.
- 15.2. You consent to FlexeBoss making such information available to those who provide products or services to Flexeboss such as advisers, regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of FlexeBoss or any part of its business.
- 16.1. You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
- 17.1. Any formal notice or other communication given under or in connection with these Terms shall be in writing between FlexeBoss and You shall be through the email address given on Your User Account and the FlexeBoss customer Service team.
- 18.1. A waiver of any right or remedy under the Terms or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- 19.1. FlexeBoss may amend the Terms from time to time, and in FlexeBoss sole discretion. We shall post such alterations on the Site. If you do not agree to the changes made to the terms of the Terms then you have the right to stop using Service, and should do so immediately. Your continued use of FlexeBoss after the date the changes have been posted will constitute acceptance of the amended Terms.
20. Disclaimer of Warranties
- 20.1. The use of the site, its content and any services or items obtained through the website is at Your own risk. The Site, its content and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither FlexeBoss nor any person associated with FlexeBoss makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website.
- 21.1. We reserve the right at all times to edit, refuse to post, or to remove from FlexeBoss any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body (including the Solicitors Regulation Authority).
- 21.2. We reserve the right to terminate the provision to you of FlexeBoss or restrict your access to FlexeBoss at any time without notice for any reason whatsoever, including if we suspect you to be in breach of any of the Terms.
22. Jurisdiction and Governing law
- 22.1. The Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales and the courts of England and Wales have exclusive jurisdiction.