Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Networking & advertisement platforms accessible at https://sur-themarket.co.uk/.

These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions. 

Minors or people below 18 years old are not allowed to use this Website.

Intellectual Property Rights

Other than the content you own, under these Terms, SUR THEMARKET LTD and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

Restrictions

You are specifically restricted from all of the following:

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being accessed by you and SUR THEMARKET LTD may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Website Standard Terms and Conditions, « Your Content » shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant SUR THEMARKET LTD a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. SUR THEMARKET LTD reserves the right to remove any of Your Content from this Website at any time without notice.

Your Privacy

Please read Privacy Policy.

No warranties

This Website is provided « as is, » with all faults, and SUR THEMARKET LTD express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of liability

In no event shall SUR THEMARKET LTD, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  SUR THEMARKET LTD, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent SUR THEMARKET LTD from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

SUR THEMARKET LTD is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

The SUR THEMARKET LTD is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between SUR THEMARKET LTD and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of London in UK, and you submit to the non-exclusive jurisdiction of the state and federal courts located in London in UK for the resolution of any disputes.

OTHERS TERMS AND CONDITIONS

Terms and Conditions

  1. About :

The company Sur TheMarket ltd whose number is 13507848 whose registered office is at Office 7564 182-184 High Street North, East Ham,E6 2JA, United Kingdom.

The Company offers the following services:

Networking between Buyers and Sellers in the following areas:

  • Advertising new products

Sur TheMarket Stores (All types of Stores)

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  1. Preamble:

These General Terms and Conditions of Sale (hereinafter the “GTC”) constitute the sole basis of the commercial relationship between the parties. They govern the conditions under which the Company provides its Services to its professional customers who request them directly on the site.

They apply to all Services provided by the Company Sur TheMarket ltd for all customers of the same category, regardless of the clauses that may appear on a customer document, in particular its general conditions of purchase.

They are systematically communicated to the customer who requests them.

Any order or registration on the site implies acceptance of the T&Cs.

  1. Orders

Requests for quotes or purchases of products or services are made by the Customer by contact directly on the site via his account and it is Sur TheMarket ltd mandated by its various sellers who exchange and discuss with you the prices and budget of the various partner sellers.

Sales of Services are carried out directly by the seller or independent freelancer who are themselves mandated to administer their accounts and profiles alone after establishing a quote for the Customer and express acceptance of the quote by the latter, under the payment conditions provided between the parties on the site.

  1. Provision of Service and rates

The rates are those in effect on the day the Order is placed, as established on the website of the Networking platform of the Company Sur TheMarket ltd.

The rates are presented excluding taxes (HT). If the cost of the Services cannot be determined, a priori, with certainty, a detailed quote will be given to the Customer with the method of calculating the price allowing him to verify it by the sellers registered on the Platforms. A mobile App is open 24/7 with our various technical support only for partner sellers upon signing the various contracts and Mandate documents with us, the Company Sur TheMarket ltd.

The Company may provide the Customer with price reductions, discounts and rebates depending on the number of Services ordered, or depending on the regularity of the Orders, according to the conditions set by the Company itself.

  1. SYSTEM INTEGRITY

You are not authorized to use any device, software, or algorithm, including but not limited to viruses, trojans, worms, DOS attacks, with the intention of causing damage or interfering with the proper functioning of the Website, or any transaction taking place on the Website, to intercept and use the system, data, or personal information of the Website. You are prohibited from taking any action that would overload our system, including but not limited to “Spam” or other mass emailing techniques. To avoid any risk of cheating and abusive evaluation rating, a Project Owner (Employers) and a Service Provider must not have known each other outside of https://sur-themarket.co.uk/ before the Project Owner publishes the project on https://sur-themarket.co.uk/

  1. INFORMATION PUBLISHED ON THE WEBSITE

A. You are solely responsible for the information you publish on our Website, including but not limited to any form of publication, creation of a message in a discussion area, or by an email system. You grant us the irrevocable right to apply copyrights as well as publicity rights in respect of this information. The information you publish must not: infringe the rights of others, including but not limited to intellectual property rights, publicity, or privacy; be defamatory, threatening, harassing; be obscene, indecent, or contain pornography. We are not responsible for the information posted by Registered Users nor liable for such information posted on our Website including but not limited to information about you. We reserve the right to take legal action against information posted on our Website that we deem, in our sole discretion, to be in breach of such information, including but not limited to terminating this Agreement. Furthermore, we cannot control the information that Registered Users provide to you through the Website. It is very rare that information posted by people is offensive, threatening or inaccurate. The information provided on Sur Themarket.co.uk Website is provided as is and may contain technical inconsistencies or typographical errors.

B. The Website may contain links to external websites that are not under the control of Sur Themarket.co.uk. We are not responsible for the content of these websites or any links that may be contained in these external sites.

  1. RELATIONSHIP AND OBLIGATION OF THE PARTIES

A. Sur TheMarket ltd provides MATCHING Services for Registered Users, including you, other Users and Buyers or sellers of Independent / Freelance products, Sellers. All parties are independent of Sur TheMarket ltd in respect of matters dealt with outside of this Agreement. Registered Users shall not be considered employees, agents or partners of Sur TheMarket ltd and Sur TheMarket ltd shall not be considered an employer, agent, or partner of Registered Users.

B. You understand that Sur TheMarket ltd Networking merely acts as a facilitator of matching between you and Independent / Freelance and Sellers and buyers. Sur TheMarket ltd is not responsible for ensuring the accuracy, completion, and execution of the tasks you request from Freelancers, Sellers and Buyers.

C. You agree that Sur TheMarket ltd, in providing all of its services, is not considered an employer. You agree and understand that Sur TheMarket ltd shall not be bound in any employment contract between you and a Freelancer, Sellers or Buyers, if such a contract exists. We are not responsible for and do not control the manner in which Freelancers, Sellers and Buyers operate, and we are not involved in and do not control the hiring processes and working conditions of Freelancers, Sellers and Buyers. We do not provide any materials or support to the Freelancer, Sellers and Buyers in order for them to complete the project for which you have hired them. Any problem, complaint or question regarding the work environment, performance or other Agreement between you and the Independent / Freelance, sellers and buyers must be resolved by you and the Independent / Freelance, sellers and buyers that you hire.

C. Sur TheMarket ltd does not guarantee the veracity of the information published by users of the site, whether publicly in their profile, or privately in their account or in their private messages. It is up to the Independent / Freelance, seller and buyers and Project Owners / Clients to verify the information before concluding a sale, purchase, service or any other commercial transaction. Sur TheMarket ltd cannot be held responsible in the event of publication of erroneous or fraudulent information by one of the Users of the Site.

D. By registering on Sur Themarket.co.uk as a Service Seller, you agree to be incorporated into a legal structure (company, umbrella or other) that legally allows you to perform and sell the services you offer.

E. You agree to comply with the laws in force regarding discrimination in hiring, taxes, social charges and taxes in your jurisdiction. You agree not to hold Sur TheMarket ltd liable for any violation or non-compliance with these statutes or laws on your part.

F. Providers located outside continental Europe do not have the RIGHT to request a deposit or any payment before delivery of the object of the service.

Any deposit payment on the site is limited and set at 6 percent of the total sale during the entire duration of the sales contract concluded between the buyer and the seller on the site.

  1. PAYMENTS

A. Sur Themarket.co.uk receives payments in return for several types of services offered on our Site: subscriptions, commissions and visibility options. These services begin immediately, from the moment the Customer’s payment is made and validated by the Site. Therefore, by using our Site to make these purchases, you can immediately benefit from the services ordered and you explicitly waive any recourse to the right of withdrawal.

You accept and understand that Sur TheMarket ltd Networking may modify its prices at any time.

B. Commissions are paid at 6 percent of the sale price concluded between the buyer and the seller. The 6 percent of the sale constitutes the payment of the commission of Sur TheMarket ltd Networking for the cost of the connection and this applies throughout the life of the contract between the buyer and the sellers.

C. Sur TheMarket ltd Networking provides you with an electronic invoice accessible in the “My transactions” page, for payments for services provided by Sur TheMarket ltd Networking (Connection, subscription, completion commission).

D. Invoices for services ordered from Freelancers / Independents, sellers and buyers must be provided directly by the Freelancers / Independents, sellers and buyers who validated the order.

E. You are responsible for payments. Sur TheMarket ltd Networking is not a payment intermediary and cannot be held responsible for any failure by either party.

F. Sur TheMarket ltd reserves the right to refund or not the 6 percent commissions depending on the situation. Users recognize the authority of Sur TheMarket ltd Networking as to the decision to refund or not the commissions. Freelancers, service providers, sellers recognize that obtaining a partial payment in advance for a project constitutes a security of having their commission refunded or offset by said payment. To avoid any abuse, you understand and accept that the refund of a commission will be made exclusively in the form of a credit and not a cash refund.

G. Sur TheMarket ltd Networking offers sponsored positioning on service provider rankings. This privileged visibility is annotated by a “sponsored” mention to allow visitors to distinguish the organic positioning of service providers according to their activity on the Site, from the positioning obtained by the purchase of sponsored positioning clearly indicated in our various subscription rates.

  1. OWNERSHIP AND RIGHT

The Website and all intellectual property rights related to this Website, including but not limited to copyright, trademarks, reviews left by Registered Users, belong to us. You are not authorized to reproduce, perform actions of “reverse engineer”, decompile, disassemble, modify or create derivative works in respect of this Website and intellectual property. Some of the content may be under the control of licenses belonging to third parties. All this content therefore belongs to these third parties.

Sur TheMarket ltd reserves the right to delete or suspend the account of members whose behavior does not respect the conditions of service, whose guarantees that he works well in accordance with the law are not sufficient, or for any other reason including: does not wish to pay his commissions, insulting or rude, bad faith, questionable behavior etc.

Sur TheMarket ltd reserves the right to publish, as a customer reference, the name of companies using its services. By using our services, you therefore tacitly accept that Sur TheMarket ltd may refer to the name of your company. However, if you wish that Sur TheMarket ltd does not use the name of your company publicly, you can request it by email or through the contact form.

  1. WARRANTIES

A. Each party guarantees that it has the right, all powers and authorization to accept this Agreement.

B. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS AND ACCESSIBLE ACCORDING TO ITS AVAILABILITY. SUR THEMARKET.CO.UK MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RULES OF USE OF THE SERVICE BY ITS USERS.

C. SUR THEMARKET.CO.UK DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE (iv) THE QUALITY OF ANY SERVICES, INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) THAT DEFECTS IN SOFTWARE USED, IF ANY, WILL BE CORRECTED.

D. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF THIS MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUR THEMARKET.CO.UK OR THROUGH THE USE OF THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

  1. LIMITATION OF LIABILITY

A. We are not liable for any damages whatsoever, whether direct or indirect, special, punitive or consequential, resulting from access to or use of this Site, or from any information contained on this Site. All types of damages, including loss of profits, whether related to the parties or not, of contractual or extra-contractual origin (including in the event of negligence or fraud), or resulting from liability for a service, even if We have been warned of the possibility of such damage.

B. Our contracts with our suppliers, including that of our host, imply that it can at any time carry out emergency or planned maintenance. We are not responsible for the unavailability of the Website caused by the performance of our suppliers or lack of performance of maintenance to keep the Website functional. Also, we will not be responsible for any loss of data or transaction resulting from the delay, non-delivery or misdelivery of our services.

  1. ACT

Sur Themarket.co.uk has the right to transfer or assign this Agreement to any other person or entity without your consent. You do not have the right to transfer or assign this Agreement to any person or entity without our prior written consent.

  1. COMMON PROVISIONS

The Agreement is concluded intuitu personae between Sur TheMarket ltd Networking and the User. The rights and obligations resulting from it may not be assigned, in part or in full, to third parties, except in the event of a merger and acquisition. The fact that Sur TheMarket ltd Networking does not exercise or enforce any right or provision of the Agreement shall not be considered a waiver of that right or provision. The limitations and exclusions provided for in the General Conditions apply to the User if and to the extent that they are authorized by London in UK law. Any part or whole of a provision of the Contract declared inapplicable or illegal will be excluded from the Contract and will not affect in any way the applicability of the remaining provisions of the Contract. The Parties undertake to replace any provision of the Contract deemed inapplicable or illegal by a provision of equivalent economic effect. Any dispute relating to the execution or interpretation of the Contract is, depending on the jurisdiction, under the exclusive jurisdiction of the Commercial Court of London. English law will be applicable and the language of proceedings will be English. The Contract contains all the contractual provisions between Sur TheMarket ltd Networking and the User concerning the Site and the services offered there, to the exclusion of any prior agreement.