Terms & Conditions

Congratulations! If you are reading this page is because you are considering joining a marketplace that is reinventing the way transactions take place in the services sector. We are confident that you will benefit a lot for being part of this community. This document describes the terms agreed between service providers (Providers), customers (Customers) and My Service Menu.

We are My Service Menu (“MYSM”, we, us, our) a company incorporated in the UK under the registration number 11024256. Our mission is to help Providers to showcase their talents and grow their businesses, and Customers to find, compare and hire suitable Providers. MYSM adds value to services segments by providing transparency and facilitating transactions and payment between the parties.

The Terms & Conditions (T&C) below describe the agreement set between the parties involved in any transaction carried though our website (Website) and ensure a transparent and fair relationship between them. These T&C and the use of our services (Services) are governed by English law. You agree that any dispute between you and us regarding these T&C will only be dealt with by the English courts.

The Services provided, and any activity carried through our Website and associated social media pages are also governed by these T&C. All individuals or companies that perform any activity through our Website are considered users (Users). By signing up in our Website or requesting a service through our Website you agree with this T&C. Last update of these T&C: December 2017.

Overview

MYSM operates a platform that connects Providers (individuals or businesses) to Customers (individuals or businesses). In order to govern the transactions between a high number of parties, we need to define very clear rules – this is the purpose of these T&C. Our Users consent that we may run online and physical marketing campaigns on their behalf to attract Providers / Customers to the Website.

One of the purposes of our business is to facilitate Customers experience when they want to hire a service – we make it really easy for them! A perfect hiring experience means that there are no costs for Customers to use our Website, so they will always come and have access to our Providers.

For Providers, we act as a flexible and efficient commercial channel, therefore they will be able to save the money and time. By doing that, we bring efficiency and help them grow and prosper. Therefore, we charge from Providers a commission based on the transaction amount. The commission is a percentage that varies according to the service.

By using our Website, you agree to these costs and commit to never try to circumvent the payment of commission in any circumstance. Violations of this agreement would impose risk to our ability to run our operations, therefore result in immediate discontinuation of access and appropriate legal action.

Before using MYSM website, you must read and accept the T&C, other website policies and all linked information. By using our website, you declare that you accept these T&C, other website policies and all linked information.

Our role as a Platform

MYSM invests to provide a great platform, where Providers and Customers can enter into a direct contract with each other in relation to the service to be provided/hired. MYSM is not a party to that contract so we are not responsible if Customer or the Provider do not fulfil the declared service as agreed, or if the service is provided badly or incorrectly.

We aim to provide transparent information so that Customers can take an informed decision when hiring a Provider, and we also intermediate the transaction to reduce risks. However, we are conscious that in any human relationship unexpected behaviour can happen, so we cannot take full responsibility for third parties.

As a central platform, we hold records of the agreement between the parties for use as evidence to support any eventual dispute. To enable the evidence documentation, the parties agree to keep a record of all agreements through the Website communication tools, therefore changes of price or other conditions directly or out of the Website are not allowed under these T&C. For more details about how MYSM can support disputes, refer to the Refund Policy in this document.

MYSM is not party in the actual provision of the services between Customers and Providers or any related contract apart from these T&C. When specific terms and conditions are defined by Providers, it is their responsibility to disclose those. In case of dispute you release MYSM from any and all claims, liabilities and losses of every kind and nature, known and unknown in any way connected with such disputes. MYSM is not responsible for any liability that may arise between Users.

Access to our website

You will not use the Website if you:

  1. Are not able to form legally binding contracts;
  2. Are under the age of 18;
  3. Are an individual/company barred from receiving and delivering services under the laws of UK or other applicable jurisdiction;
  4. Are deferred from using the Website; or
  5. Do not have a valid email address.

To engage in any transaction generated through the Website or access listing information, Users need to register/create account. The counterparty associated with the account will be held responsible for all actions taken by the account, without limitation. We may refuse to register any counterparty as a User or disable account if counterparty has failed to comply with any of the provisions of these terms. You cannot transfer or reassign any rights or obligations you have under this agreement without prior written consent.

The MYSM Website can provide profiles, interactive timeline, email, messaging, postings and other communication functionalities for Users. You can only use the website and its functionalities to post information that is appropriate to the specified section. Only the communication means provided by the MYSM website can be used for communication between Providers and Customers connected through the website. While using the Website, you will not attempt to/will do any of the following:

  1. Post content or communication in inappropriate areas;
  2. Infringe any laws, third party rights or our policies;
  3. Fail to deliver payment for services delivered to you;
  4. Fail to deliver Services hired from you;
  5. Circumvent or manipulate MYSM processes, billing process, fee conditions or payments due;
  6. Post content that is false, misleading, offensive, inaccurate deceptive, defamatory or offensive;
  7. Transfer your MYSM account (including feedback) and Username to another party without our consent;
  8. Spam or send unsolicited/ bulk messages, surveys, chain letters, or pyramid schemes;
  9. Distribute viruses or any other technologies that may harm the Website, or the interests or property of MYSM users (including their Intellectual Property Rights and privacy rights);
  10. Download or aggregate listings from our Website for display with listings from other websites without our expressed written permission, including any attempt to "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
  11. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
  12. Copy, modify or distribute rights or content from the Website or MYSM's copyrights and trademarks, including text and images;
  13. Harvest or otherwise collect information about Users, including email addresses, without their consent;
  14. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  15. Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information;
  16. Use the Website for any purpose, including, but not limited to posting or providing a service, which is illegal or otherwise unlawful;
  17. Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party;
  18. Upload files that contain viruses, Trojan horses, corrupted files or any other similar software that may damage the operation of another’s computer;
  19. Advertise or offer to sell any goods or services for any commercial purpose through the Website which are not relevant to the services offered through the Website.
  20. Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly;
  21. Impersonate another person or allow any other person or a User or entity to use your identification to post or view comments;
  22. Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Website;
  23. Imply or state that any statements you make are endorsed by MYSM, without the prior written consent of MYSM;
  24. Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape, index or take any action in the Website in any manner;
  25. Hack or interfere with the Service, its servers or any connected networks;
  26. Adapt, alter, license, sublicense or translate the Website for your own personal or commercial use;
  27. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by MYSM;
  28. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
  29. Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner;
  30. Use the Website to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Website as set forth herein;
  31. Register under different usernames or identities, after your account has been suspended or terminated;
  32. Hold multiple, fake or misleading accounts;
  33. Do anything that may undermine the integrity of the MYSM feedback system.

Content Rights

The Website allows User-Generated Content. Such content represents opinions and information created by of Users and not the opinion of MYSM. The abovementioned have not been verified or approved by MYSM and each user should undertake their own research to be satisfied that a specific Service provider is the right party. You agree that MYSM is not liable for any user-generated content.

You hereby grant MYSM a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in your Information, in any media now known or not currently known in order to perform and improve upon the Website. Each user who provides us any videos, recordings, photographs, voice, or all related sound effects, in exchange for the right to use the Website, hereby irrevocably grants to the MYSM the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:

  • Use any materials provided by Users to the MYSM, and use, reproduce, modify or creative derivative works from such materials and use at MYSM website.
  • Reproduce in all media any recordings provided by Users made in connection with the Website.

The data above will be used by MYSM only for the purpose of running the Services and performing marketing activities, which are ultimately of overall interest of Users. Please refer to the Confidential Information section in this document for additional terms related to data management.

All intellectual property rights related to the content on the Website (including any text, service description, graphics, software, photographs, website images, videos, sound, trademarks and logos) are owned by MYSM or by respective Service providers. We give you a non-exclusive right to use/access the Website and its content purely for your own use, on the condition that you will not: copy or make any part of the Website or Website content available for access/use by any other person, except as precisely permitted by these terms or otherwise authorised by MYSM. Except to the extent set out in these terms, you are not being given rights in respect of any intellectual property rights owned by MYSM or Service providers and you acknowledge that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by downloading any content from the Website. You may not copy or use any of marks, logos or trade names from our Website without the express prior written consent of the owner and MYSM.

Links to Other Websites

You must not advertise an external website, product or service on the MYSM Website, without MYSM consent.

We may display offers or promotions on the Website. You accept and agree that we are not responsible for any loss or damage of any kind that is a result of the availability of such offers or promotions or any subsequent dealings with Service providers.

Links (hyperlinks) from the MYSM website to other third-party websites do not establish an endorsement or association by MYSM with those websites, their content or operators. MYSM is not responsible for any content contained on such websites, as well as any harm created by clicking links posted by other Users. It is your responsibility to independently evaluate the content and usefulness of the information obtained or to be accessed from other websites. The use of any website third party website is governed by the website terms and policies, and not by MYSM’s T&C and policies. MYSM explicitly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with third-party links that may appear on the MYSM Website.

Third-party accounts

When signing up for the Website, you may link your account with other online accounts you have with third-parties, including social media websites. You consent that by opting to connect to our Website through a third-party account login, you authorise MYSM to access specific content from your third-party account, without breach by you of any of the terms and conditions that govern your use of the third-party account. MYSM is not obliged to pay any fees and is not a subject to any usage limitations imposed by such third-party service providers. By granting MYSM access to any third-party accounts, you understand that MYSM may access and eventually store content that you have provided to and stored in your third-party account. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.

Payment Policy

Customers will perform payment to MYSM in advance for services. The payment is held as Booking Deposit by MYSM until the service is delivered, and is released to the Provider net of MYSM fees once the Customer confirms that the service is appropriately delivered. The Customer is responsible for confirming the delivery in the same day or according to an agreed timeframe, otherwise the payment will be released to the Provider. The confirmation can be any communication to MYSM, including SMS, email, phone call or feedback in our Website suggesting that the job was completed. Please refer to the Refund and Cancellation Policies in this document for additional terms.

If Customer and Provider prefer to start a direct contract without intermediation from My Service Menu, an introduction fee is applicable. The amount will be informed by My Service Menu upon request, and will be a multiple of the Provider’s weekly gross payment, according to the number of weekly hours contracted.

Providers will be required to provide their payment details to MYSM and the Payment Service Provider (PSP) in order to process the payment for the services. We are not a provider of the PSP and in order for Service providers to receive payments through the PSP, each user must accept the terms and conditions of service of the PSP.

Providers are self-employed individuals or companies; therefore, they are responsible for their applicable taxes. You acknowledge that you must comply with your obligations under income tax provisions.

Termination and Suspension

MYSM can terminate or suspend your right to use the Website at any time if you have failed to comply with any provision of this T&C, or if any details you have provided to us turn out to be false, or if we believe it is necessary to do so in order to protect other Users and/or for the security of the Service, by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. If MYSM terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, MYSM reserves the right to take appropriate legal action. You may terminate your account at any time by ceasing all use of the Service. All parts of these T&C, which by their very nature should survive the expiration or termination of this Agreement, shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

Refund policy

A User is entitled to receive a refund of funds held as Booking Deposit by MYSM excluding the refund fee under the following circumstances:

  1. No response: the Provider has not responded within one (1) working day after the start of the hire;
  2. Poor quality: the deliverables provided by the Provider do not meet the terms defined after at least two revisions/improvements have been provided by the Provider in response to detailed feedback from the Customer; or
  3. The Service provider lost a Dispute.

Customer and Provider may mutually agree to a refund for reasons other than the previous clause however authorization of such refunds will be subject to a review by MYSM.

Refunds are only applicable to funds held by MYSM as Booking Deposit. The Booking Deposit will be paid out once the Customer is satisfied that the job (or any agreed deliverables) has been completed, or if the Customer does not respond within the timeframe defined in the Payment Policy section of this document. By releasing funds to the Provider, the Customer accepts that this payment is non-refundable.

Customers must avoid filing a dispute or reversing payment through their credit card holder, Bank or PayPal. Attempts to seek a refund in this way would interfere in the application of these T&C, and may result in suspension of the User’s account.

In case a Customer is entitled to a refund, the funds may be deducted by an amount of up to 10% to cover transaction costs if applicable. The refund fee is waived in case the Provider is at fault for the refund.

If the Provider does not respond to a Refund Request within three (3) working days (a “non-actioned” Refund Request) then MYSM may release the funds automatically back to the Customer, and the Provider will lose the right to claim the payment.

MYSM will process approved (or non-actioned) refund requests back to the Customer's MYSM Account subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions. If MYSM reasonably believes that the parties have not complied with these T&C or are seeking to avoid any such obligations, MYSM shall not be obliged to make the refund.

Cancellation Policy

We believe in commitment and appreciate that people make plans based on confirmed booking, therefore we highly discourage cancellations from both providers and clients. However, we recognise that sometimes circumstances change because of unexpected events, so we have designed our cancellation policy to be fair for both sides.

Cancellation from clients:

  • No cost if the cancellation is informed up to 24 hours before the service start time;
  • Penalty of £5 if the cancellation is informed less than 24 hours before the service start time;
  • Penalty of £12 if the cancellation if informed 2 hours or less before the service start time;
  • Any cancellation will be disclosed in the client’s public profile and will be visible for providers;

Cancellation from providers:

  • Any cancellation will be disclosed in the provider’s public profile and will be visible for other clients, potentially impacting future services;
  • Cancellation may result in removal of the provider from the platform if not properly justified.

Clients and providers will be notified immediately in case of cancellation from the counterparty when communicated to MYSM. In case of cancellation from providers, MYSM will try to replace the provider on a best efforts base, and the client will have the option to claim the return of the payment.

Confidential Information

Information is provided to MYSM in the sign up, document verification and active use of the Website. All information that is not disclosed as part of the User’s public profile or generated by the User is considered Confidential Information. MYSM will not share Confidential Information and will employ best efforts to prevent unauthorised access. MYSM will not disclose information provided by Users through private communication to other Users and non-Users, except if legally required. The user consents to the level of respective publicity when deciding to post or communicate any content via the website.

You acknowledge that business or competitive secrets are also Confidential Information and unique asset of MYSM, and agree to not disclose, transfer, use (or seek to induce others to disclose, transfer or use) for any purpose other than the Service. Disclosure is permitted only to your authorised employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify MYSM in writing of any circumstances that may constitute unauthorised disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorised disclosure, transfer or use. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

Privacy Policy

Your privacy is very important to us! We have developed a Policy to clarify how we collect, use, communicate and disclose any personal information.

We only collect the required personal data to allow us to fulfil our commitment to you, which includes name, address, phone number and email. In other words, we need to know some basic personal data to provide you with the services you expect from us. We will not collect unnecessary personal data from you such as data unrelated to the services provided to you.

All personal data is processed preferably automatically (without human intervention), or if required by our team in the UK. The data held by My Service Menu is maintained in servers located in the UK, protected from any third-party access, unless disclosure is required by law.

We keep your basic personal data for the length of your relationship with us. The data can be used for marketing purposes when you believe you will benefit from our communication. We will discontinue any marketing communication immediately if you notify us that you no longer wish to receive this information.

At any time, if you believe your personal data held by My Service Menu is incorrect, you can request to see, correct or delete the data. Just let us know! If you wish to raise a complaint about out use of your personal data, we will investigate the matter. If you are not happy with our response or believe we are not processing your personal data correctly, you can also complain to the Information Commissioner’s Office (ICO).

Cookie Policy

In internet jargon, cookie is a small piece of data, normally including a unique identifier, that is sent to your device (computer, tablet or mobile) web browser from a website to be stored on your hard drive. Websites can send their cookies when you visit a website if your browser's preferences allows it to track visits. Similarly, emails many times track whether it was read or clicked.

If your settings allow, we assume that you are happy to receive My Service Menu cookies. They will be used to record information and understand your online preferences to tailor our website to your interests. In other words, we will use the information collected only in name of your convenience and benefit! For example, if we know whether you have visited us before, we can provide you a better experience. Cookies also help us recognise when you are signed in to your My Service Menu account so that we can customise the experience to what you expect to see.

Finally, your web browser can also provide us with some information about your device, such as IP address and the browser you are using. We use information to understand your preferred ways to get in touch with us. Knowing your IP address is also important to prevent fraud and unauthorised account access.

Changes to this T&C and the Website

MYSM may change this Agreement or any of its policies from time to time. Your continued use of the Website following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. MYSM may change, modify, suspend or discontinue any aspect of the Website at any time without notice or liability. MYSM may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.

Contacting us

If you have any questions about these Terms and Conditions or about the website, please contact us by email at contact@myservicemenu.com