1. About us

1.1 We are PLANNA LIMITED, a company registered in England and Wales under company number: 12933453. Our registered office is at: 23 Kingsway, London WC2B 6YF.

  1. How to contact us:

2.1 You can contact us by sending an email to support@planna.co or via the ‘Contact’ section of our Planna App (the ‘App’), available through the Apple App Store and the Google Play Store and and/or our website at Planna.co (the ‘Website’).

  1. The agreement between us
  2. Any reference to the ‘agreement’ is to the binding contractual agreement between us on the terms of this document.
  3. Please read the agreement carefully as it sets out important information about your rights and obligations and our rights and obligations.
  4. Any reference to ‘we’, ‘us’ or ‘our’ in the agreement is to PLANNA LIMITED, and any reference to ‘you’ or ‘your’ is to the property expert providing the property maintenance guidance to householders and others as an independent contractor through the App and/or Website by way of a video consultation (referred to below as the ‘Services’).
  5. Any reference to ‘users’ is to the users of the App and/or Website with whom you communicate.
  6. Any reference to ‘party’ is to you or us, and a reference to the ‘parties’ is to us both.
  7. We may make changes to the agreement at any time. Please save a copy of the agreement and any emails from us for your records.
  8. Availability
  9. We cannot guarantee that the App or Website will be available at any given time. We also cannot guarantee that access to the App or Website will be uninterrupted, error free or secure. For example, access may be temporarily unavailable while we carry out maintenance or for other technical reasons.
  10. Provision of the Services
  11. You must be at least 18 years old and a resident of the UK.
  12. You must provide the Services with reasonable care and skill and comply with all applicable law in relation to the agreement and the Services, including the law concerning consumer cancellation rights and refunds (where applicable).
  13. You must co-operate with us in all matters relating to the agreement and the Services, including providing in a timely manner, such information as we may reasonably require and ensuring that it is accurate and complete in all material respects; and complying with our lawful and reasonable instructions in relation to the agreement and the Services.
  14. You must make clear to all users with whom you communicate that:

5.4.1 you are providing guidance for information and education purposes only and that what you say is intended to be a general guide for domestic and personal use only and cannot be a substitute for in-person professional advice specific to users’ property and individual circumstances;

5.4.2 nothing on, or accessible via, the App and/or Website constitutes professional advice or a recommendation to take or not to take any particular action and that users should always seek the advice and opinion of a suitably qualified local professional who has visited their property before deciding what (if any) action is appropriate for them and their property; and

5.4.3 you are an independent contractor and not acting on our behalf.

  1. You must only communicate with users who confirm to you that they are based in the UK and the relevant property is based in the UK.
  2. You are responsible for providing all relevant information to users to arrange any videocalls with them, including in relation to timeslots, dates, prices to be charged, and cancellation terms.
  3. You must treat users fairly and respectfully and comply with our Community Guidelines which are incorporated into the agreement.
  4. You must not provide any guidance to users for commercial or business purposes.
  5. You must not infringe the intellectual property rights of any third party in providing the Services.
  6. You must not record any of the Services or communications with users whether by video, audio or by any other means.
  7. If you want to provide any services similar to the Services to any third party who could reasonably be said to be a competitor of ours, you must first ask for our consent. We will consider your request and we will not unreasonably withhold or delay consent but may not give consent in order to protect our legitimate business interests.
  8. Prices and payment
  9. We use Stripe, (www.stripe.com) to handle all payment processing for the App and Website. When creating an account with us you will need to create an account with Stripe for the provision of the Services.
  10. Stripe will apply the following charges to your account plus all applicable VAT:
  11. 10% of the prices you charge users (minimum £2) to be remitted to us by Stripe as a ‘platform fee’; and
  12. 20 pence plus 2% payment processing fee [of the prices you charge users] charged by Stripe for their services.]
  13. If you arrange a booking for a video consultation with a user through the App and/or Website you must agree timeslots, dates, prices to be charged, and cancellation terms, with the user through the App and/or Website. At the time of booking users will be required to provide payment card details to Stripe to take a pre-authorisation for the agreed price.
  14. Stripe will take payment from the user’s payment card once you have completed your video consultation with the user.
  15. If a user disputes any charges or is unhappy with any element of their experience with you, we ask them to notify us in writing. We ask them to raise a dispute and follow the procedure through the Dispute Resolution section of the App. We will consider any disputes or complaints raised by users promptly and will share appropriate details with you. We may suspend your provision of the Services and access to the App and Website whilst we investigate the dispute or complaint.
  16. If, following a dispute raised by a user, we are out of pocket because (for example), we have agreed to refund a user the prices you charged and retained, you must reimburse us within 3 days of our request.
  17. We are not liable for any act or omission of Stripe, including any delays by them in making payments to you.
  18. Intellectual Property
  19. No rights, title or interest in or to any intellectual property of either party is granted or transferred under the agreement unless agreed otherwise in writing.
  20. Confidentiality
  21. You will treat as confidential your communications with users and will not use or divulge any confidential information to any person except to us (at our lawful request) or as permitted by the agreement or as permitted by law.
  22. We may disclose confidential information to such of our employees, officers, representatives, contractors, sub-contractors, agents or advisers who need to know such information for the purposes of exercising our rights or carrying out our obligations under or in connection with the agreement; or as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
  23. Your information
  24. We collect the personal information that you provide to us during your account creation process for the purposes of onboarding you, making the App and/or Website available to you, personalising the App and/or Website for you and making your profile and reviews available to users. We may also retrieve information available from publicly accessible sources in relation to your property credentials, qualifications, and expertise, and may seek references for you.
  25. We will hold that data for as long as we are required to do so to comply with our legal obligations and any insurance requirements. Where personal information is only useful for a short period, we may delete it once it is no longer useful.
  26. You have various rights in relation to the personal information we collect about you, including lodging a complaint with the UK Information Commissioner’s Office if you have any concerns about the way we deal with your personal information. You can find out more about those rights and how to make a complaint to the ICO by visiting their website at: https://ico.org.uk/.
  27. Find out more about the way we collect and process your personal information by reading our privacy poilcy.
  28. Limitation of liability
  29. References to liability in this clause include every kind of liability arising under or in connection with the agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
  30. Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from deliberate default.
  31. Nothing in the agreement limits any liability which cannot be limited by law, including liability for death or personal injury caused by negligence; and fraud or fraudulent misrepresentation.
  32. Neither party will be liable for any indirect, consequential or special losses.
  33. The limitations of liability set out in this clause do not apply to the indemnity you give in clause 11 below.
  34. Indemnity
  35. You indemnify us from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by us in connection with any claim by any users or third party arising out of or in connection with the Services or the agreement.
  36. Suspension and termination
  37. We may suspend or terminate your access to your Planna account or suspend or terminate the agreement at any time and for any reason. In particular we may do so if you act in material breach of the agreement or if you act in any way that we reasonably consider to be prejudicial to our legitimate business interests, including if you repeatedly cancel bookings at short notice or act in any way which may disadvantage users or harm our reputation.
  38. On termination of the agreement for whatever reason:
  39. any provision of the agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the agreement will remain in full force and effect; and
  40. termination of the agreement will not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.
  41. General
  42. Co-operation: Each party will provide such co-operation and assistance to the other as may be reasonably necessary or desirable and will take any other action reasonably requested by the other party, for putting the purpose or terms of the agreement into effect.
  43. Status of the parties: The parties are independent and are not partners, principal and agent or employer and employee. The agreement does not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. Neither party will have, nor will represent that they have, any authority to make any commitments on the other party’s behalf.
  44. Entire agreement: The agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
  45. Variation: No variation of the agreement will be effective unless it is in writing and signed by the parties (or their authorised representatives).
  46. Waiver: No failure or delay by a party to exercise any right or remedy provided under the agreement or by law will constitute a waiver of that or any other right or remedy, nor will 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 will prevent or restrict the further exercise of that or any other right or remedy.
  47. Severance: If any provision or part-provision of the agreement is or becomes invalid, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause will not affect the validity and enforceability of the rest of the agreement.
  48. Subcontracting: You may not subcontract any or all of your rights and/or obligations under the agreement.
  49. Force majeure: Neither party will be in breach of the agreement nor liable for delay in performing, or failure to perform, any of their obligations under the agreement if such delay or failure results from events, circumstances or causes beyond their reasonable control.
  50. Notices: Any notice or other communication given to a party under or in connection with the agreement must be sent by email to the email address for the relevant party provided during your account creation process. The provisions of this clause do not apply to the service of any proceedings or other documents in any legal action.
  51. Third party rights: No one other than a party to the agreement has any right to enforce its terms.
  52. Governing law and jurisdiction: The agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, will be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the agreement or its subject matter or formation.
  53. Rules of interpretation
  54. In the agreement unless the context requires otherwise:

14.1.1 a clause, schedule or other heading in the agreement is included for convenience only and will have no effect on the interpretation of the agreement;

14.1.2 any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions will be construed as illustrative only and will not limit the sense of any word, phrase, term, definition or description preceding those words;

14.1.3 words in the singular include the plural and vice versa.