IMPORTANT: BETA SERVICE
The Platform is currently in beta. It is still being developed and tested, may contain errors, bugs or incomplete features, and may change, be interrupted or be withdrawn without notice. While the Platform is in beta, it is provided free of charge. Once it leaves beta, we may charge for its use (see section 20). The Platform is not designed or warranted for critical business use, and you should not rely on it as your only record of important business information. Please read sections 23 and 24 carefully, as they limit our liability.
1. Introduction
1.1 These Terms & Conditions (the “Terms”) govern the use of the TradesPay Hero platform, the TradesPay Hero browser extension and related services (together the “Platform”). They are provided by Tradespay Hero Limited, registered in England and Wales under company number 16431566, whose registered office is 1st Floor, 48 Chancery Lane, London, England, WC2A 1JF (“TPH”, “we”, “us”).
1.2 A Trade Person agrees to these Terms by creating an account or using the Platform. If you register for a business, you confirm that you have authority to bind it. Clients who use the Client Portal are covered by section 8.
1.3 Our Privacy Policy explains how we use personal information. It is not part of the contract, but you should read it.
2. Definitions
Account: a Trade Person’s account on the Platform.
Administrator: the person who manages a Trade Person’s Account and its Team Members.
Client: a person or business that receives, or may receive, a quote or services from a Trade Person.
Client Portal: the pages that a Trade Person shares with a Client by link, such as quote and job pages.
Content: information, text, images, documents, messages and other material submitted to or made available through the Platform, including Mailbox content.
Mailbox: the Platform feature that lets a Trade Person connect an email account and view, link and send emails.
Subcontractor: a person or business that a Trade Person engages to carry out part of its work.
Team Member: a person given access to a Trade Person’s Account.
Trade Person: a person or business that uses the Platform to run its trade business and provide services to Clients.
3. What TPH is, and what it is not
3.1 TPH is a software and platform provider. The Platform helps Trade Persons manage clients, hot leads, opportunities, quotes, jobs, products, packs, team members and email communications, and helps them share information with Clients.
3.2 The Trade Person is the service provider. The Trade Person is the business that offers and carries out the trade or construction work. The Client is the Trade Person’s customer.
3.3 Any quote accepted by a Client creates a contract directly between the Trade Person and the Client. TPH is not a party to that contract or to any contract between a Trade Person and a Subcontractor.
3.4 TPH does not carry out, supervise, inspect, guarantee or insure any work, and does not guarantee the quality, safety, legality, timing or completion of any work. TPH does not vouch for any Trade Person or Client.
4. Eligibility
The Platform is for business use by people aged 18 or over who have legal capacity to enter a contract. Clients may be individuals or businesses and may be consumers.
5. Accounts
5.1 Give accurate information and keep it up to date. Keep login details confidential and tell us promptly at info@tradepayhero.com if you suspect unauthorised access.
5.2 The Administrator is responsible for activity under the Account, including by Team Members, unless caused by our breach.
6. Team Members and Subcontractors
6.1 Administrators decide which Team Members can see or change Client, job, quote and Mailbox information, should set roles and permissions sensibly, and should remove access promptly when someone leaves. Administrators must make sure Team Members know that their activity may be visible within the Account.
6.2 Where a Trade Person records or shares information about a Subcontractor, the Trade Person is responsible for choosing the Subcontractor, for having the right to share that information and for the Subcontractor’s work as between the Trade Person and its Clients.
7. Trade Person responsibilities
Trade Persons are solely responsible for: the accuracy, legality and suitability of their quotes, prices, descriptions and timescales; their qualifications, registrations, insurance, health and safety and any permits or consents; carrying out work to the standard agreed with the Client; their contracts with Clients and Subcontractors; invoicing, tax and VAT; and compliance with consumer law when dealing with consumer Clients, including any cancellation rights. They must give Clients the information the law requires. Using the Platform does not satisfy any legal obligation a Trade Person owes to a Client.
8. Client Portal and Client responsibilities
8.1 Clients do not need a TPH account. A Trade Person may send a Client a link to a quote or job page. By using the link, a Client agrees to use the Client Portal responsibly, in line with section 17, and not to share the link in a way that exposes the Trade Person’s or others’ information.
8.2 The Client Portal is provided as a convenience by the Trade Person using TPH’s software. Clients should read quotes carefully, ask the Trade Person questions before accepting, and give accurate information.
8.3 Our Privacy Policy and these Terms are available from the Client Portal. The Trade Person may also have its own privacy notice, which applies to how it uses a Client’s information.
8.4 Nothing in these Terms removes a Client’s statutory rights as a consumer.
9. Quotes
9.1 A Trade Person may create, edit, send and re-issue quotes, including from templates. A Client may review a quote, ask questions, and accept, reject or dispute items as the Platform allows.
9.2 A quote is an offer by the Trade Person. If the Client accepts it, the resulting contract is between the Trade Person and the Client on the terms of the quote and anything else they agree. TPH does not guarantee that a quote is accurate, fair or capable of being performed.
9.3 A quote may set out a payment arrangement agreed between them, for example payment in full up front, a deposit with the balance paid after completion and approval, or payment in full after completion and approval. That arrangement is between the Trade Person and the Client only.
9.4 The Platform may lock, version or update quotes to show their current state. Version history is provided for convenience and does not replace the parties’ own records.
10. Jobs
10.1 Trade Persons can create jobs and record details, status, progress, hold, resume, completion, notes, images and documents, and share them with Clients through the Client Portal.
10.2 Job statuses and progress are entered or triggered by users. They are records, not confirmation by TPH that work has been done properly, safely or at all. Trade Persons and Clients are each responsible for what they record and for dealing with each other about the quality, timing and completion of work.
11. Payments between Trade Person and Client
11.1 Payment for work is agreed and made directly between the Trade Person and the Client. TPH does not process, collect, hold, receive, transfer or release any payment between them, and does not guarantee that any payment will be made.
11.2 TPH is not responsible for any refund, set-off, delay or non-payment between a Trade Person and a Client. Each Trade Person is responsible for its own invoicing, VAT and taxes.
12. Disputes
12.1 Job disputes on the Platform. If a Client is not satisfied with a job, they can raise a dispute through the Client Portal. The Trade Person can rectify the issue and accept the dispute, or can respond to it. The Client can then approve the outcome or dispute again. The process ends when the Trade Person selects the option to accept, rectify and end the dispute.
12.2 The dispute process is between the Trade Person and the Client only. TPH does not review, mediate, decide, enforce or take part in any dispute, and TPH administrators and staff do not become involved. TPH is not a party to the underlying contract, and does not hold, freeze, pay or release any money.
12.3 A dispute marked as ended on the Platform is a record of the exchange only. It is not a finding that either party was right, and it does not prevent the Trade Person and Client from resolving the matter in other ways or using any other remedy available to them, including under consumer law.
12.4 Dispute comments and history are stored as part of the quote or job record and can be seen by the Trade Person and the Client. Either of them may use them as evidence.
12.5 Disputes between a Trade Person and a Subcontractor are for those parties to resolve between themselves.
12.6 Complaints about TPH itself are dealt with under section 25.
13. Mailbox and email integrations
13.1 A Trade Person can connect an email account, such as Gmail or Microsoft Outlook, to view emails, link them to Opportunities and send emails from the Platform. Connecting is optional.
13.2 By connecting a Gmail or Outlook account you authorise TPH to access the data described in section 4 of our Privacy Policy and on the provider’s consent screen, only to provide these features. We access email content, metadata and attachments, and we can send emails you choose to send. We do not create drafts, modify, delete, archive or label your Gmail messages, and we do not access Google Contacts or Calendar.
13.3 Our use and transfer of information received from Google APIs to any other app will adhere to the Google API Services User Data Policy, including the Limited Use requirements. Google’s and Microsoft’s own terms also apply to your accounts with them.
13.4 You may disconnect at any time and may withdraw our access in your Google or Microsoft account settings. Disconnecting does not automatically delete emails already stored; you can ask us to delete them as set out in the Privacy Policy. Emails linked to an Opportunity may be visible to other users in your Account.
13.5 You must connect only accounts you are entitled to connect. You are responsible for the emails you send and for complying with data protection law and electronic marketing rules when you correspond with customers. Do not use the Mailbox to send unsolicited bulk commercial email.
13.6 Email providers may change or withdraw their services. We are not responsible for loss of access caused by them.
14. AI functionality
The Platform includes an optional AI Assistant that uses OpenAI. It can be turned off at any time. AI output may be incomplete or wrong, so you must check it before relying on it or sending it to a Client. The AI Assistant does not have access to Mailbox or Gmail data. We use OpenAI on a stateless basis and have opted out of OpenAI using customer data to train its models. See our Privacy Policy for what information is sent to OpenAI. You are responsible for what you ask the AI features to produce and for how you use the result.
15. Browser extension and third-party services
15.1 What the extension does. The TPH browser extension is a tool that helps a Trade Person save product information, such as names, descriptions and prices, from supported supplier websites into their product list or a quote. It works as an alternative to manually copying and pasting that information.
15.2 How it works. The extension only acts when the Trade Person is on a supported supplier website and chooses to use it. It reads information from the page the Trade Person is viewing at that time. It does not run automatically or in the background, browse or crawl websites, access pages the Trade Person is not viewing, collect browsing history, or bypass logins, paywalls or other access controls.
15.3 Supported supplier websites. The extension is designed to work only on the supplier websites listed in the extension or on our website. Before adding each website to that list, TPH reviewed its publicly available terms of use and did not identify any term prohibiting use of the extension as described in 15.2. Websites may change their terms at any time without notice to TPH, and TPH does not monitor them on an ongoing basis. This review is not legal advice and is not a guarantee that use of the extension is or remains permitted.
15.4 Your responsibility. You are responsible for checking the current terms of use of any supported supplier website before using the extension on it, and for complying with those terms and any applicable law, including copyright and database rights. If a website’s terms prohibit use of the extension, do not use it on that website.
15.5 No responsibility for third-party websites. TPH is not connected with, endorsed by or responsible for any supplier website. To the maximum extent permissible by law, and except as set out in 15.3, TPH is not responsible for your use of the extension on any website and makes no representation that use of the extension is permitted on any particular website. TPH does not guarantee that captured prices, descriptions or availability are accurate, complete or current.
15.6 Indemnity. If you are a business user, you agree to compensate TPH for any claims, losses or costs arising from your use of the extension in breach of a website’s terms or the law.
15.7 Third-party services. The Platform may work with third-party services (including Google, Microsoft, Amazon Web Services, SendGrid and OpenAI). They are not under our control, and their own terms apply to your use of them.
16. Your Content
16.1 You keep ownership of your Content. You give TPH a non-exclusive, worldwide, royalty-free licence to host, store, process, display and transmit it only as needed to provide, secure and support the Platform and as described in the Privacy Policy. We do not use Mailbox content for any other purpose.
16.2 You are responsible for your Content, and you confirm that you have the right to upload it and to enter personal information about Clients, Subcontractors, Team Members and others.
16.3 We may remove or restrict Content that we reasonably believe breaches these Terms or the law.
16.4 Trade Persons can ask us to export or delete their data by contacting info@tradepayhero.com. We store Content on secure infrastructure as described in the Privacy Policy, and you are responsible for your own devices, passwords, permission settings and backups (see section 23).
17. Acceptable use
You must not: break the law or infringe anyone’s rights; upload unlawful, defamatory, discriminatory or malicious content or malware; try to access accounts, data or systems you are not authorised to use; interfere with or overload the Platform; scrape, copy or reverse-engineer the Platform except as the law allows; send spam through the Platform; misrepresent your identity, qualifications, insurance or registrations; or use the Platform to build a competing service.
18. Intellectual property
TPH and its licensors own the Platform, including its software, design, text and trademarks. You may use them only as these Terms allow. If you give us feedback, we may use it without obligation to you.
19. Data protection
19.1 Each party must comply with data protection law.
19.2 TPH acts as controller for the information described in section 2 of the Privacy Policy. For personal data that a Trade Person enters about its Clients, leads, Subcontractors, team members and correspondents, the Trade Person is generally the controller and TPH its processor. The precise allocation depends on the processing activity. TPH will enter into data processing terms with Trade Persons where the law requires.
19.3 Trade Persons must give the people whose information they enter a suitable privacy notice and must have a lawful basis for using it.
20. Fees
20.1 The Platform is currently in beta and is free for Trade Persons to use.
20.2 Once the Platform leaves beta, we may introduce fees. We will give at least 30 days’ notice before any fees apply, and you may stop using the Platform before they do. No fees will apply to your use without your agreement.
20.3 TPH does not charge Clients to use the Client Portal.
21. Availability and changes to the Platform
As the Platform is in beta, we cannot promise it will be available, uninterrupted or error-free. We may carry out maintenance and may change, add or remove features at any time. Where reasonably practicable, we will give notice of changes that significantly reduce functionality you rely on.
22. Suspension and termination
22.1 You may stop using the Platform and ask us to close your Account at any time.
22.2 We may suspend or end access if you materially breach these Terms and do not fix it within a reasonable time after notice (or immediately if the breach is serious, unlawful or puts others or the Platform at risk), if required by law or by a provider such as Google, or if we stop providing the Platform, in which case we will give reasonable notice.
22.3 When access ends we will allow a reasonable period for you to export your Content on request, and we will then deal with it as set out in the Privacy Policy. Sections that are meant to continue, including 3, 11, 12, 15, 16 to 19, 23, 24, 27 and 28, will do so.
23. Disclaimers
23.1 To the maximum extent permissible by law, the Platform is provided “as is” and “as available”, without any warranty, condition or representation of any kind, whether express or implied, including any implied terms as to satisfactory quality, fitness for a particular purpose or that the Platform will be error-free, secure or uninterrupted.
23.2 The Platform is a beta service and is not designed, tested or warranted for mission-critical or important business activities. You must not rely on it as your only system or record for such activities.
23.3 You are solely responsible for keeping your own backups and copies of your Content, quotes, job records, emails and other business information. TPH does not guarantee that any Content will be stored, preserved or recoverable.
23.4 We do not promise that quotes, job statuses, AI output or records are accurate, or that any user is genuine, qualified, insured or reliable. We do not verify users’ identities, qualifications or insurance.
23.5 Nothing in these Terms affects any right that cannot lawfully be limited.
24. Liability
24.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded.
24.2 Subject to 24.1, and to the maximum extent permissible by law, in relation to business users TPH is not liable, whether in contract, tort (including negligence) or otherwise, for: loss of profit, revenue, business, contracts, goodwill or anticipated savings; loss, corruption or unavailability of data or Content; business interruption; or any indirect or consequential loss, in each case arising from or connected with use of, or inability to use, the Platform.
24.3 Subject to 24.1, and to the maximum extent permissible by law, TPH’s total liability to a business user for all claims arising from or connected with these Terms or the Platform is limited to £100.
24.4 TPH is not liable for the acts, omissions, work, advice, quotes, prices, payments or non-payment of any Trade Person, Client or Subcontractor, or for any dispute between them, except where the law says otherwise.
24.5 If you are a consumer, nothing in this section limits your legal rights under the Consumer Rights Act 2015 or other consumer law.
25. Complaints
If you have a complaint about the Platform or about TPH, contact info@tradepayhero.com. We will acknowledge it promptly and aim to respond within a reasonable time. Complaints about personal information are handled under the Privacy Policy. This does not affect your right to take legal action.
26. Changes to these Terms
We may update these Terms for legitimate reasons, such as changes to the law, new features or security. We will give at least 30 days’ notice of material changes by email or in the Platform. If you do not agree, you may stop using the Platform before the change takes effect.
27. General
These Terms are the entire agreement between you and TPH about the Platform. If part of them cannot be enforced, the rest continues. Not enforcing a right is not a waiver of it. You may not transfer your rights without our consent. A person who is not a party has no right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.
28. Governing law and jurisdiction
These Terms, and any dispute connected with them, are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction, except that a consumer may also bring proceedings in the courts of the part of the UK where they live.
29. Contact
Tradespay Hero Limited, 1st Floor, 48 Chancery Lane, London, England, WC2A 1JF. Support: info@tradepayhero.com. Website: www.tradespay-hero.com.