Comrades Terms & Condtions 2019-02-20T15:28:12+00:00
  1. INTRODUCTION

These terms and conditions (“Terms and Conditions”) contain information about Evo Core Services Limited, a limited company incorporated in England and Wales (Company number 08430955) with registered office at 4th Floor 100 Fenchurch Street London EC3M 5JD and trading as Evo Property Management (defined below as “Evo” and also referred to hereinafter as “we”, “us”, “our” or “ours”, as the context requires) and form the agreement between you and us for the use of the Evo Comrades App. Please read this document carefully and review it regularly as we may update and amend these Terms and Conditions from time to time without prior notice.

  1. HOW THE SERVICE WORKS
    1. Evo provides mobile applications and website technology that connects us and property occupier(s) who require home repair services to be performed within residential rental properties, with Service Providers who are willing to perform those Jobs.
    2. We connect with Service Providers by booking Jobs on the Evo Digital Dashboard and these Jobs are then assigned to Service Providers who operate in the geographical area at the set operational times and whose service offering matches our requirements via the Evo Comrades App.
    3. Once you have completed a Job, Evo validates the outcome, confirms costs and expenses then pays the amount owed to you. Evo does not allow cash transactions.
    4. You are not an employee of Evo and you offer your services to Evo as a self-employed freelance operative. The Evo platform acts purely as a facilitator of the service transaction between the Service Provider and Evo by operating the Evo Comrades App.
    5. You acknowledge that when you accept a Job you will be entering into a direct contract with the us to perform the services requested. The terms of the contract entered into are set out below. It is a condition of use of Evo Comrades App that you acknowledge your responsibilities of your conduct and the outcome of the Jobs.
  2. DEFINITIONS
    1. In this Agreement, the following terms shall have the following meanings prescribed to them:

Account” means your account with Evo which is created by registering and providing certain mandatory details during the registration process.

Additional Payment” means payment due to the Service Provider in respect of Additional Works and/or Costs and Expenses within the limits determined from the outset of the job.

Additional Services” means other services separate from, and other than those required to complete, the Job.

Additional Work” means work you deem necessary in order to perform the Job but which goes beyond the scope of the original Job booked on the Evo Digital Dashboard.

Costs and Expenses” means costs and expenses incurred by you in acquiring materials, parts and/or supplies (but for the avoidance of doubt not tools, fuel, parking or travel expenditure) that are, in your opinion, necessary for the completion of the Job but which are not included in the fee stated in the Evo Comrades App when booking the Job.

Evo Digital Dashboard” / “Evo Comrades App” means any website or mobile application or other interface which is: owned by Evo (including but not limited to www.evo.pm); operated on a white label basis by Evo; or powered or maintained by Evo, (each as modified and/or updated by us from time to time) for the purpose of enabling us to book Jobs and connect with Service Providers.

Dispute” means a disagreement between the Service Provider and us that a Job has not been satisfactorily described or completed.

Future Job” means any Job booked that is scheduled for a future date.

Insurance Policy” a suitable policy(ies) of insurance covering any or all liabilities which may be incurred by you, your employees or subcontractors arising out of or in connection with a Job (including but not limited to your acts or omission or the act or omissions of your employees or subcontractors). Such insurance to be maintained at such level as is stated when going through the registration process to be a Service Provider.

Job” means the work requested by us.

Emergency Job” means a Job to be completed as soon as reasonably possible and within 3 hours of acceptance or booked by the us or the property occupier(s) on the Evo Digital Dashboard.

Parties” means collectively the Evo, the property occupier(s) and the Service Provider.

Premises” means the premises where the Job is being carried out.

Service Provider” / ”you” means a party who is registered with Evo for the purpose of being notified of, accepting and completing Jobs that are booked by us or the property occupier(s) and includes you, your employee and subcontractors.

Tax” means any and all statutory deductions due as a result of the financial transaction between a Service Provider and Evo (including, for the avoidance of doubt, corporation tax and/or income tax depending on if you are a sole trader, self-employed Service Provider or a corporate Service Provider).

Defined terms will have the same meaning if they appear in the singular, plural, masculine or feminine or as the context requires.

Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions.

  1. USE OF THE EVO COMRADES APP
    1. A core purpose of the Evo Comrades App is to enable suitably qualified Service Providers to carry out Jobs which have been booked by us or property occupier(s) on the Evo Digital Dashboard. The Evo Comrades App is not for use by anyone who does not intend to carry out a Job. You therefore agree that you will not, and you will procure that your employees and subcontractors do not, in any circumstance use the Evo Comrades App for any purpose other than to accept and carry out Jobs in good faith.
    2. We make no warranty that any part of Evo Comrades App will operate uninterrupted or error free and we accept no liability for loss or damage caused from any interruption or error in any part of the Evo Comrades App.
    3. As a Service Provider using the Evo Comrades App you and your employees and subcontractors:
      1. must be 18 years old or older; and you agree: 
      2. to provide all vetting information as required by these terms and conditions; to register and create an Account for yourself and each of your employees and subcontractors who will be carrying out jobs and warrant that you have the consent of each employee and subcontractor to provide their personal information; not to authorise others to use your Account and you may not assign or transfer your Account to any other person or entity; and to be responsible for keeping any registration details confidential (including your password).
    4. We reserve the right to:
      1. refuse to provide access to the Evo Comrades App to any individual, business or other entity at any time without explanation, consequence or liability; and
      2. remove a service from the Evo Digital Dashboard with no obligation to give advance notice, and Evo shall not be liable for losses, costs or expenses arising from any such refusal or removal.
    5. You:
      1. are solely responsible for taking appropriate safety precautions in connection with your use of the Evo Comrades App in respect of yourself, your employees and subcontractors;
      2. assume all risk when using the Evo Comrades App, including, but not limited to, any risks associated with interacting with other people;
      3. acknowledge that Evo is not able to guarantee the accuracy of information provided to you by other people and that you should confirm such information to your own satisfaction before you or your employees or subcontractors (if any) engage with them.
    6. You agree not to use the Evo Comrades App in any unlawful manner and in particular you shall not, and you shall procure that your employees and/or subcontractors shall not:
      1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;
      2. publish, post, upload, distribute or disseminate (“Post”) any inappropriate, defamatory, abusive, infringing, obscene, discriminatory or otherwise unlawful material;
      3. post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any person;
      4. cause the Evo Comrades App or any part of it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Evo Comrades App is in any way impaired; or
      5. restrict or inhibit any other user from using and enjoying the use of the Evo Comrades App.
    7. Whilst we take steps to prevent misuse of our systems, we cannot warrant that the Evo Comrades App will be free of viruses or other malicious code or content and accept no liability for loss or damage caused from the transmission of such content or code.
  2. SETTING UP AN ACCOUNT AND REGISTERING FOR THE WEBSITE AND/OR APP
    1. In order to be assigned and accept a Job that has been booked by us or the property occupier(s) you must be registered as a Service Provider. Evo takes reasonable steps in screening Service Providers to ensure that they are competent and qualified to undertake the Jobs they are notified of from time to time. As such, to complete the registration process you will be required to provide information including but not limited to:
      1. Name / Company Name;
      2. Address;
      3. Email;
      4. Mobile phone number;
      5. Photo ID;
      6. Skill-set (Plumber/Electrician etc)
      7. Up to date trade qualifications and accreditations;
      8. Registrations and certifications; and
      9. Valid Insurance Policies,

for yourself and each employee or subcontractor who will accept and/or carry out Jobs together with account details for a UK bank or building society in which we will pay you for the Jobs which have been completed

    1. You warrant that the information you provide to Evo during the registration process and when using the Evo Comrades App is true and entirely accurate and Evo reserves the right to suspend the account of any Service Provider who does not:
      1. provide such information; or
      2. provides incomplete or out of date information.
    2. You acknowledge and agree that you may not assign or subcontract any Job to an employee or subcontractor unless you have, in advance of accepting the Job, provided their details to Evo via the Evo Comrades App or via email at: servicepro@Evo.pm in accordance with clause 5.1 above and you warrant that you have their consent to provide such information.
    3. You are responsible, and assume liability, for all information that you upload. Details of how Evo may use any information and content are provided in the Privacy Policy.
    4. Evo reserves the right, but is not under any obligation, to monitor information that is submitted to the Evo Comrades App and to remove such information or material that in our sole opinion violates any applicable law, either the letter or spirit of these Terms and Conditions, or upon the request of a third party.
  1. RESPONDING TO JOBS
    1. We may notify you of Jobs from time to time, but we are not under any obligation to do so. Further, because we retain the right to change or withdraw Jobs, we are unable to give any warranty as to the availability or suitability of a particular Job.
    2. We cannot guarantee that you will receive any specific volume of notifications to carry out Jobs or that you will be able to accept any Jobs you get notified of as more than one Service Provider may be notified of the same Job at the same time.
    3. Where Emergency Jobs have been booked by us or the property occupier(s) in your designated geographical area and you have made yourself known to be available for work (by tapping the relevant button in the Evo Comrades App), you may be exclusively assigned to that Job. You must accept or reject the Job within 5 minutes or the Job may be assigned to another Service Provider. If you have chosen to be available for out or hours Emergency jobs but frequently reject Emergency Jobs or fail to accept Emergency Jobs we reserve the right to suspend your Account.
    4. You and your subcontractors and employees who are registered with Evo must operate a smartphone with sufficient data connection to enable you to continuously receive notifications and for location services to be activated.
    5. At the point the Job is accepted your details (or those of your relevant employee or subcontractor) will be provided to us, the property occupier(s) and any third party placing a booking on their behalf.
  2. CARRYING OUT JOBS
    1. We expect you to assess the work to be carried out prior to and recommend making contact with the occupier(s) before travelling to the premises and update us if the scope of the Job and work to be undertaken is not that as initially described.
    2. You warrant that in accepting a Job you will, and you will procure that your employees and subcontractors will:
      1. inform us promptly of any delays;
      2. complete the Job (and any Additional Work) as specified, to the standards and timescales agreed with us and using due skill, care and diligence in accordance with the good industry practice, which as a minimum shall mean the standard of skill, care, knowledge, timeliness and foresight which would reasonably and ordinarily be expected from an experienced person engaged in providing services which are the same as or similar to those required to complete the Job or Additional Work;
        1. supply and use your own tools and equipment
        2. update the Evo Comrades App on acceptance, start and completion of each of the Job;
        3. provide us with a minimum 90 day warranty in respect of all work undertaken in completing the initial Job and 365 days for any Additional Work as specified; and
        4. comply with all laws and regulations.
      3. You agree not to assign or subcontract any work in accordance with these Terms and Condition without our strict prior agreement (not to be unreasonably withheld) and if agreed only to suitably competent, skilled and qualified people that are registered on the Evo Comrades App.
        1. supply and use your own tools and equipment
        2. update the Evo Comrades App on acceptance, start and completion of each of the Job;
        3. provide us with a minimum 90 day warranty in respect of all work undertaken in completing the initial Job and 365 days for any Additional Work as specified; and
        4. comply with all laws and regulations.
      4. You agree not to assign or subcontract any work in accordance with these Terms and Condition without our strict prior agreement (not to be unreasonably withheld) and if agreed only to suitably competent, skilled and qualified people that are registered on the Evo Comrades App. 
      5. We and the property occupier(s) have the right to request evidence of ID and applicable trade accreditations and registrations and you hereby agree to provide, and to procure that your employees and subcontractors provide us along with the property occupier(s) with such information as and when requested to do so.
      6. In the event:
        1. that we or the property occupier(s) do not give full and complete information when you are assessing the work prior to travelling or it is reasonably difficult to assess the work remotely, you, your employees or subcontractors may, on arrival at the Premises, deem that Additional Work is required in order for the Job to be completed. In this situation you or your employee or subcontractor (as applicable) shall agree to provide an estimate of the scope of, and cost for, such Additional Work which must be accepted only by us and NOT the property occupier(s) before any work to perform the Job is commenced; or
        2. you incur Costs or Expenses, these must be agreed with us and NOT the property occupier(s) in advance and that we shall be liable to pay for accepted Costs and Expenses on production of valid receipts or a submission added upon the job completion page on the Evo Comrades App.
        3. If we or the property occupier(s) request Additional Services to be provided, these MUST be provided only via a new Job booking on the Evo Comrades App.
      7. Evo reserves the right:
        1. to send a representative to accompany the Service Provider (or its employees or subcontractors) when carrying out a Job in order to verify their competence, skills and conduct; and
        2. to terminate the Service Providers Account in the event that they, or their employees or subcontractors, do not permit, or attempt to frustrate, the representatives’ attendance.
  3. CANCELLING JOBS
    1. If you, your employee or subcontractor arrive at the Premises and are unable to contact the property occupier(s) or gain access to the Premises you will message and attempt to contact them for 20 minutes, after which you will be entitled to cancel the Job and the property occupier(s) will be charged cancellation fees as applicable.
    2. You, your employees and subcontractors will only reschedule or cancel the Job on a minimum of 24 hours’ prior notice to us. If you, your employees or subcontractors cancel or reschedule with less than 24 hours prior notice, Evo may deduct from your payment any discounts offered to the property occupier(s) as compensation for their inconvenience.
    3. If you, your employees or subcontractors cancel or reschedule with less than 24 hours’ notice on multiple occasions, we may terminate your Evo account and stop using you as a Service Provider.
  4. FEEDBACK
    1. The property occupier(s) and Service Providers are encouraged to offer reviews for each other each time a Job is completed. You agree to provide a prompt review that is true and fully reflects your experience with the property occupier(s) with whom you have engaged. Evo reserves the right to terminate the Accounts of any Service Provider who:
      1. repeatedly receives poor reviews; or
        1. posts inaccurate or unjust or defamatory reviews; or
        2. has an overall satisfaction rating below that required by Evo from time to time; or
        3. repeatedly fails to successfully resolve disputes with us.
      2. The reviews of property occupier(s) and Service Providers may be published on our Platform, Website and Evo Comrades App.
  5. DISPUTES AND DISPUTE RESOLUTION
    1. If we or the property occupier(s) are not satisfied that you have completed the Job to the performance and/or quality we should reasonably expect, we may initiate a Dispute with you.
    2. You may initiate a Dispute with us if you are not satisfied that we or the property occupier(s) correctly described the Job or the Premises or any service connection to it. However, if you discover that the work to be performed does not meet the description of the Job you should not carry out such works unless
      1. you are qualified to do so; and
      2. any Additional Works have been agreed in advance with Evo,
    3. In the event of a Dispute the Parties hereby agree to act at all times reasonably and in good faith, to negotiate a settlement and hereby recognise that the responsibility for reaching a mutually agreed settlement lies between them. You acknowledge that Evo is entitled to contact your insurers in order to find a resolution. You agree to keep any information about us provided to you under the terms of this Agreement confidential and only use it for its proper purpose.
    4. If we have been notified of the Dispute from the property occupier(s) within 2 days of the Job being completed, and only if we cannot reach a resolution between the property occupier(s) and Service Provider (having used all reasonable attempts to do so), the Dispute may be escalated by us and we will offer a recommendation for settlement.
    5. In the event that we contact you in respect of a Dispute and receive no response within 48 hours we reserve the right to find in favour of the property occupier(s) and withhold any sum due to you in respect of the Job or Additional Works which are the subject of the dispute.
    6. The Parties shall at all times comply with all reasonable requests from Evo for the supply of information to support Evo in proposing a resolution to the Dispute.
    7. Evo reserves the right, at our sole discretion, to terminate the access of a Service Provider to the Evo Comrades App who it deems is entering into, or is the subject of, an excessive number of Disputes.
  6. LOSS OR DAMAGE ARISING FROM A JOB
    1. You agree that you will not, nor will your employees or subcontractors, intentionally damage the Premises.
      1. If:
        1. the property occupier(s) suffers loss or damage to their Premises or its contents or to any service connected to it and attributes the loss or damage to you, your employees or subcontractors in the first instance the Parties should try to resolve who should be responsible for such loss or damage between themselves; or
        2. you, your employees or subcontractors cause any damage to the Premises you will, in good faith, cover the cost of the damage and in the first instance will refer it to your insurer.
        3. In no event shall Evo be liable to either party for any direct, indirect, consequential, special or punitive loss arising out of the engagement by the property occupier(s) directly with the Service Provider to carry out any Job not requested through us and to the extent that we will not be liable under these Terms and Conditions or at law, for the Job to which the loss or damage relates.
    2. Notwithstanding any other provision, nothing in these Terms and Conditions shall exclude or limit either your or our liability for death or personal injury caused by your or our (as the case may be) negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
    3. If you are dissatisfied with the Evo Comrades App, or the terms of these Terms and Conditions, your sole remedy under these Terms and Conditions shall be to discontinue use of the Evo Comrades App.
    4. Other than as set out above and notwithstanding any other provision of these Terms and Conditions, we shall not be liable to you or to any third party acting on your behalf, whether in contract, tort, negligence, statutory duty, misrepresentation or otherwise, for any special, indirect or consequential loss, cost, expense, fine or damage whatsoever arising from or in any way connected with these Terms and Conditions including but not limited to loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage). Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
    5. Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into these Terms and Conditions by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.
    6. Each of the provisions of this clause 11 shall be construed separately and independently of the others.
  7. PAYMENTS
    1. A Job is booked on the Evo Digital Dashboard at a pre-determined price, which may be per hour then minutes or fixed price per Job. The price includes Evo’s Service Fee, which is a percentage of the price of the Job or a fixed amount and may vary from time to time at Evo’s sole discretion. The price displayed in the Evo Comrades App is inclusive of the Evo Service Fee and inclusive of VAT and any other such fees payable by the Service Provider.
    2. Each job has a minimum price which shall be charged in full regardless of the time spent by a Service Provider in doing the Job is less than this. For hourly Jobs, subsequent hours, in addition to the minimum price, will be charged and you will be paid on a per minute basis determined by scanning the check in/out code located at the property. Evo reserves the right to change prices at any time.
    3. Payment for Additional Works will be paid upon successful approval of any uploaded validated receipts but in any event must be authorised before the Job is completed.
    4. Evo accepts no liability for any Additional Works or payments that are not authorised via the Evo Comrades App and it is the sole responsibility of the Service Provider to ensure that prior authorisation has been given for any such expenses.
    5. Service Providers shall be paid initially within 14 working days of completion of the Job, direct into the nominated bank account as set on the Evo Comrades App.
    6. Good performance may result in payments being made within to 7 working days upon successful completion of 10 jobs and extending to next working day upon successful completion of 50 jobs.
    7. Any validated poor review or upheld Dispute will result in the payment terms being reset to 14 working days.
  8. INSURANCE
    1. You will be required to obtain and maintain a suitable Insurance Policy for each Job you, your employees or subcontractors perform. On taking out and on renewing each Insurance Policy, you shall on request from us, promptly send us a copy of the receipt for the premium, a copy of the Insurance Policy certificates and details of the insurance cover obtained.
    2. Each Insurance Policy must be maintained with a reputable insurance company and you must comply with all of the requirements of such insurer and not undertake any act or omission which vitiates or prejudices (or which is reasonably likely to vitiate or prejudice) your rights under any Insurance Policy and/or to the monies payable under any Insurance Policy.
  9. STATUS AND TAX
    1. As a Service Provider, you acknowledge and agree that you are an independent sole-trader or corporate Service Provider and are not engaged as an employee or agent of Evo and you remain solely responsible for:
      1. your own Tax, VAT and employment affairs (and that required to be paid for your employees and subcontractors (where applicable)); and
      2. the quality and outcome of the work and performance of the Jobs,

and you will indemnify and hold Evo entirely harmless from any claims from (i) HMRC or any other statutory body, or (ii) your employees or subcontractors, arising from a breach of the above.

  1. PRIVATE ENGAGEMENT
    1. You agree not to accept or solicit jobs that are offered to you by the property occupier(s) or any of our Clients, Contractors or Employees that you have previously worked for through Evo.
    2. In the event you do accept and undertake work from a Client, Contractor or Employee (other than for any Additional Work where we have provided prior written consent) outside of the Evo Comrades App Evo:
      1. reserves the right to terminate your access to the Evo Comrades App; and
      2. will not be able to mediate on any disputes in respect thereof, and

you will not benefit from the protection offered via these Terms and Conditions in respect thereof.

  1. MISCONDUCT

If you engage with any other property occupier(s), Client, Contractor, Employee or Service Provider who you feel has acted in an inappropriate way towards you, including but not limited to offensive, violent or sexually inappropriate behaviour you should immediately make a report to the appropriate authorities and then to Evo at servicepro@Evo.pm quoting the name and location stated in the details of the Job. Your report may cause us to investigate such behaviour but we are not obligated to take action beyond that which is required by law, and we will not incur any additional liability or expense.

  1. DATA PROTECTION

Evo is registered under the Data Protection Act 1988 (with registration number ZA224975) and we respect the confidentiality of the information you give us. Other than in respect of clause 10.4, for the purposes of enabling Jobs which you have accepted to carried out or otherwise with your express consent, we never pass on any information about our Service Providers to third parties outside the processing that is contemplated by these Terms and Conditions unless we are compelled to do so by law.

  1. YOUR CONFIDENTIAL INFORMATIONTo the extent that we provide you with any information relating to property occupier(s) or Premises, you agree that you shall, and you will procure that your employees and subcontractors (if any) will:
      1. treat such information as purely confidential and not share such information with any other person; and
      2. only use such information for the purpose of contacting such property occupier(s) in relation to the particular Job for which you were provided with the information, and for no other purpose whatsoever.
      3. You acknowledge that Evo may provide your details (and the details of your employees and subcontractors), on an anonymised basis (in which no individual can be identified) to third parties.
  2. GENERAL CONDITIONS
    1. We reserve the right at all times to terminate or suspend or restrict your access to the Evo Renters App without notice for any reason whatsoever.
    2. We may vary the terms of this Agreement from time to time and shall post such alterations on any updated terms provide through the Evo Renters App, directly through email and on our Website. Your continued use of the Evo Renters App after the date such changes have been posted will constitute acceptance of the amended Agreement.
    3. If any term or condition of these Terms and Conditions is held to be illegal or unenforceable such provisions shall be severed and the remainder of these Terms and Conditions shall remain in full force and effect unless the business purpose of these Terms and Conditions is substantially frustrated, in which case it shall terminate without giving rise to further liability.
    4. You may not assign, transfer or sub-contract any of your rights hereunder without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
    5. No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.
    6. These Terms and Conditions:
      1. constitute the entire agreement as to its subject matter between us and you; and
      2. supersede and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.
      3. You acknowledge that you have placed no reliance on any representation made but not set out expressly in these Terms and Conditions.
      4. Any notice to be given under these Terms and Conditions may be given via email, regular mail, or by hand to the address provided through registration or via the Evo Renters App.
      5. Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.
      6. Notwithstanding any other provision in these Terms and Conditions a person who is not a party hereto has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce the terms of these Terms and Conditions.
      7. These Terms and Conditions shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.
General Terms