BER Assessor Terms of Use

By registering for, accessing, or using the BerCert.com platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use. You are responsible for keeping up to date with any amendments to these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the platform.

BerCert.com operates solely as an online platform that connects homeowners with independent BER Assessors. BerCert.com does not provide BER assessment services and is not responsible for the performance of services by Assessors.

Your registration

To register as a BER Assessor on this website, you must be a qualified and registered BER Assessor with the Irish governing body, currently the Sustainable Energy Authority of Ireland (SEAI). By registering, you confirm that your registration with SEAI is current and valid. You also agree to notify BerCert.com immediately via email if your registration status changes or if you cease to be a registered BER Assessor.

Assessors agree to comply with all SEAI requirements, codes of practice, guidance, standards, and regulatory obligations applicable to BER Assessors.

Independent business

Assessors operate as independent businesses and independent contractors. Nothing in these Terms of Use shall create any partnership, joint venture, agency, employment, or worker relationship between BerCert.com and the Assessor.

BerCert.com does not act as agent, representative, broker, employee, partner, or fiduciary of either the Assessor or the homeowner.

Assessors must maintain appropriate professional indemnity insurance and any other insurance required by law, regulation, or industry standards and shall provide evidence of such insurance upon request.

Job referrals and service

While BerCert.com aims to offer opportunities to all Assessors on the platform, there is no guarantee or commitment to provide a specific number of job referrals. The acceptance of any quotes submitted by Assessors is solely at the discretion of the client (homeowner), and BerCert.com does not control the homeowner's decision whether to accept any quote.

BerCert.com does not guarantee the availability, volume, frequency, quality, location, or value of job referrals and shall have no liability in respect of any reduction, interruption, suspension, or cessation of referrals.

By using BerCert.com, you agree to contact any clients obtained through BerCert.com within one business day of receiving a job referral.

Assessors are responsible for providing their services in a professional manner and within a reasonable timeframe agreed with their clients.

BerCert.com may consider customer feedback, complaints, and other information when determining whether an Assessor may continue to use the platform and may suspend or terminate an Assessor's account at its sole discretion.

Quotes and fees

When submitting quotes through BerCert.com, you agree to include all applicable fees in your total quoted price. This includes all applicable SEAI fees, VAT (if applicable), and the BerCert.com referral fee.

By using BerCert.com, you understand and agree that the BerCert.com fee of €30 is a referral fee for introducing a homeowner who has accepted your quote through the BerCert.com platform. You should incorporate this fee into all quotes you submit via the BerCert.com platform. This fee is not charged to you directly, instead it is paid directly to BerCert.com by the client upon accepting a quote.

By using BerCert.com, you agree to accept payment directly from your client on the day of the survey, or as you may agree directly with your client. Any agreement for BER assessment services is entered into solely between the Assessor and the homeowner. BerCert.com acts only as an introductory and referral platform and is not a party to any contract for BER assessment services.

By using BerCert.com, you acknowledge that in addition to the BerCert.com referral fee, BerCert.com may also charge website users an additional administration fee for using the platform.

Responsibility and conduct

By using BerCert.com, you understand that you and you alone are responsible for producing and delivering the BER Certificate and rating to your client. BerCert.com does not supervise, direct, control, verify, endorse, or guarantee the services provided by any Assessor. Responsibility for all BER assessments, BER certificates, advice, recommendations, ratings, and related services rests solely with the Assessor.

The Assessor agrees to indemnify and hold harmless BerCert.com, its directors, officers, employees, contractors and representatives against any claims, losses, liabilities, costs, damages, expenses, legal fees, or demands arising from or relating to services provided by the Assessor to any customer.

Assessors agree not to engage in any conduct that may damage the reputation, goodwill, or business interests of BerCert.com. Breach of this provision may result in immediate suspension or termination of access to the platform.

Confidentiality and intellectual property

Assessors acknowledge that in the course of accessing and using the BerCert.com platform, they may become aware of information regarding the platform's design, layout, structure, features, functionality, and manner of operation which is not otherwise publicly available ("Confidential Information"). Assessors agree to keep all such Confidential Information confidential and not to disclose, copy, or use it for any purpose other than the proper use of the BerCert.com platform as intended by these Terms of Use.

Assessors agree not to use any Confidential Information, or any knowledge gained through their access to or use of the BerCert.com platform, to develop, build, operate, promote, or assist any other person or business in developing, building, operating, or promoting any website, platform, or service that competes with BerCert.com.

All content, design, source code, database structure, workflows, and other materials comprising the BerCert.com platform are and remain the exclusive property of BerCert.com. Nothing in these Terms of Use grants any Assessor any right, title, or interest in such materials.

The obligations of confidentiality and non-use set out in these Terms of Use shall survive the suspension or termination of an Assessor's account, for as long as the relevant information remains confidential and not publicly available.

Assessors agree not to copy, reproduce, replicate, or imitate the design, layout, structure, wording, functionality, or workflow of the BerCert.com platform, in whole or in part, for use in any other website, platform, application, or service.

Your work on the platform

By using BerCert.com, you agree not to subcontract any jobs acquired through BerCert.com to third parties. All work must be performed and completed by you, the BER Assessor registered with BerCert.com.

By using BerCert.com, you understand and agree that your quotes may be seen anonymously by other Assessors registered on the platform (you will not be identified). You will also have access to view other Assessors' quotes.

Liability and account suspension

To the fullest extent permitted by law, BerCert.com shall not be liable for any direct, indirect, incidental, consequential, special, or economic loss, including loss of profits, loss of business, loss of opportunity, loss of earnings, or reputational damage arising from the use of the platform, the suspension of an account, or the termination of access to the platform.

BerCert.com makes no representations, warranties, or guarantees regarding the operation, availability, performance, or suitability of the platform.

BerCert.com reserves the right to suspend, restrict, or terminate any Assessor account, and to refuse access to the platform, at any time and at its sole discretion, with or without notice and without providing a reason.

Failure to comply with these Terms of Use may result in immediate suspension or permanent removal of your account from the BerCert.com platform.

General

BerCert.com may amend these Terms of Use from time to time. Continued use of the platform following any such amendment shall constitute acceptance of the revised Terms of Use.

These Terms of Use shall be governed by and construed in accordance with the laws of Ireland. The Irish courts shall have exclusive jurisdiction in relation to any dispute arising from the use of the platform.

The provisions relating to liability, indemnity, governing law, jurisdiction, and any other provisions intended to survive termination shall remain in effect following the suspension or termination of an Assessor's account.