These Terms of Service (the “Terms”) form a legally binding agreement between Team Dispatch Ltd, trading as TeamDispatch (“TeamDispatch”, “we”, “us” or “our”), a company registered in England and Wales (company number 17180872), with its registered office at Second Floor, 21 Graham Street, Birmingham B1 3JR, and the business or individual that accesses or uses the Service (“you”, “your”, or the “Customer”).
By creating an account, clicking to accept these Terms, or otherwise using the Service, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.
Business use only. TeamDispatch is a business-to-business service. You confirm that you are using the Service in the course of your business, trade, profession or craft, and not as a consumer. Certain consumer protections under UK law (including the Consumer Rights Act 2015) therefore do not apply.
1. Definitions
In these Terms, the following words have the following meanings:
- “Service” means the TeamDispatch job management and dispatch platform, including our iOS app, Android app, web application, APIs and related services.
- “Account” means the account created by or for a Customer to access the Service.
- “User” means an individual authorised by the Customer to access the Service under the Customer’s Account, whether as a Manager, Office Staff or Technician.
- “End-Customer” means an individual or business to whom the Customer provides services, and whose details are entered into the Service by the Customer.
- “Customer Data” means all data, content and information (including personal data) uploaded to, or generated within, the Service by or on behalf of the Customer.
- “Subscription” means the paid plan the Customer has selected to use the Service.
- “Subscription Term” means the billing period (monthly or annual) of the selected Subscription.
- “Fees” means the subscription fees and any other charges payable under these Terms.
2. The Service
TeamDispatch provides a cloud-based job management and dispatch platform for field service and trades businesses. The Service enables you and your authorised Users to:
- Create, schedule and manage jobs and bookings;
- Maintain a database of End-Customer records;
- Dispatch jobs to Users and track their progress;
- Upload photos, videos and notes against jobs;
- Connect with other Customers to send and receive jobs between businesses;
- Access other features as described in the Service from time to time.
The Service is designed to be industry-agnostic and may be used across a range of trades and field service disciplines. We may add, change or remove features over time. We will not make material changes that substantially reduce the functionality of the Service during your then-current Subscription Term without giving you reasonable notice.
3. Eligibility and accounts
3.1 Eligibility
To use the Service, you must be at least 18 years old and have the legal authority to enter into these Terms on behalf of your business. By accepting these Terms, you confirm that you have that authority.
3.2 Creating an Account
You can create an Account by registering a new business on the Service, or by accepting an invitation from an existing Customer. You must provide accurate, current and complete information, and keep it up to date.
3.3 Account security
You are responsible for:
- Maintaining the confidentiality of Account credentials;
- All activity that takes place under your Account, whether or not authorised by you;
- Promptly notifying us at support@teamdispatch.co.uk of any suspected unauthorised access or security incident.
3.4 Users within your Account
You may invite individuals to become Users under your Account. You are responsible for:
- Assigning appropriate roles (Manager, Office Staff or Technician) and removing Users who no longer require access;
- The acts and omissions of your Users as if they were your own;
- Ensuring each User complies with these Terms.
4. Subscriptions, fees and payment
4.1 Plans and billing periods
The Service is provided on a subscription basis. When you sign up, you choose a plan with either a monthly or annual Subscription Term. Details of current plans, features and Fees are set out on our website or within the Service.
4.2 Free trial
We may, from time to time, offer a free trial of the Service for a limited period. If a free trial is offered at the time you sign up, the duration and terms will be stated at sign-up. At the end of the trial, unless you cancel before it ends, your Subscription will begin and Fees will become payable in accordance with these Terms.
4.3 Auto-renewal
Your Subscription will automatically renew at the end of each Subscription Term (monthly or annual) for a further Subscription Term of the same length, at the then-current Fees, unless you cancel in accordance with clause 4.6 before the renewal date. By starting a Subscription, you authorise us (and our payment processor) to charge the applicable Fees to your payment method on each renewal date.
4.4 Fees and taxes
Fees are inclusive of all applicable taxes. We are not currently VAT-registered; once we register for VAT, we will provide at least 30 days’ notice before VAT is itemised separately on invoices. You are responsible for any other taxes, duties or charges imposed by any authority in connection with your use of the Service (other than taxes on our income).
4.5 Price changes
We may change our Fees from time to time. For annual Subscriptions, any change will take effect at your next renewal. For monthly Subscriptions, we will give you at least 30 days’ notice before any change takes effect. If you do not agree to a price change, you may cancel your Subscription before the change takes effect.
4.6 Cancellation
You may cancel your Subscription at any time through the Service or by contacting support@teamdispatch.co.uk. Cancellation takes effect at the end of your then-current Subscription Term — you will retain access to the Service for the remainder of the Subscription Term you have paid for, and you will not be charged again after that. Except as expressly set out in these Terms or required by law, Fees already paid are non-refundable.
4.7 Late or failed payment
If we are unable to collect a payment, we may retry collection, suspend your Account, or (after reasonable notice) terminate these Terms and your access to the Service. Overdue amounts will accrue interest at the rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998.
4.8 Payment processing
Payments are processed by a third-party payment provider. You agree to the applicable terms of our payment provider, and you are responsible for ensuring that your payment details are accurate and up to date.
5. Acceptable use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
- Use the Service in breach of any applicable law or regulation, including data protection, consumer protection, anti-spam and export control laws;
- Upload or transmit viruses, malware, or any other malicious code, or attempt to compromise the security or integrity of the Service;
- Attempt to gain unauthorised access to any part of the Service, any Accounts other than your own, or any underlying systems, servers or networks;
- Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Service, except to the extent expressly permitted by law;
- Copy, modify, create derivative works of, distribute, sell, lease, sublicense or otherwise commercialise any part of the Service;
- Use the Service to send unsolicited marketing communications, or to harvest, scrape or collect data in bulk;
- Upload content that is unlawful, defamatory, obscene, harassing, infringing, or that contains special category personal data contrary to our instructions;
- Use the Service in a way that could damage, disable, overburden or impair our systems or interfere with any other person’s use of the Service;
- Use the Service to develop, train or benchmark a competing product or service, or to build a similar or competitive product.
We may suspend or terminate your access to the Service if we reasonably believe you are in breach of this clause.
6. Customer Data and data protection
6.1 Ownership
As between you and us, you retain all right, title and interest in and to Customer Data. We do not claim ownership of Customer Data.
6.2 Licence to us
You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display and process Customer Data only as strictly necessary to provide and secure the Service, to comply with our legal obligations, and to enforce these Terms.
6.3 Your responsibility for Customer Data
You are responsible for:
- The accuracy, quality, legality and appropriateness of Customer Data;
- Ensuring you have all rights, consents and lawful bases needed to upload Customer Data to the Service and to have it processed as contemplated by these Terms;
- Informing your End-Customers about how their personal data will be handled, as required by data protection law;
- Maintaining your own backups where operationally important — while we maintain infrastructure-level backups, we recommend you export data you consider critical.
6.4 Data protection roles
In respect of any personal data relating to End-Customers that you process through the Service, you are the data controller and we are the data processor. A Data Processing Agreement (DPA) setting out the terms required by Article 28 of the UK GDPR is available to Customers on request by emailing support@teamdispatch.co.uk.
6.5 Inter-company job sharing
If you use the inter-company job sharing feature to send a job to, or receive a job from, another Customer:
- You acknowledge that personal data associated with the shared job will be visible to the other Customer as described in our Privacy Policy;
- You are responsible for ensuring you have an appropriate lawful basis to share End-Customer personal data in this way, and for informing your End-Customers as required;
- You and the other Customer are independent controllers of the End-Customer personal data you each hold, and are jointly responsible for the shared job record for the purpose of delivering that job.
6.6 Data return and deletion
On termination of these Terms, you may (within 30 days) request an export of Customer Data in a machine-readable format. Following that period, we will delete Customer Data within 90 days, except where we are required by law to retain it or where it has been aggregated or anonymised.
7. Intellectual property
The Service, including all software, design, text, graphics, logos and other content (other than Customer Data), and all intellectual property rights in the Service, are and remain owned by Team Dispatch Ltd or its licensors. Subject to these Terms and payment of applicable Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during your Subscription for your internal business purposes. All rights not expressly granted are reserved.
You may provide us with suggestions, feedback or ideas about the Service (“Feedback”). You grant us a perpetual, irrevocable, worldwide, royalty-free licence to use and incorporate Feedback into the Service or any other product or service, without any obligation to you.
8. Third-party services
The Service may integrate with or link to third-party services (for example, Apple App Store, Google Play Store, Google Maps, payment providers and push notification services). We are not responsible for third-party services, and your use of them is subject to the applicable third-party terms and privacy policies. For clarity, TeamDispatch does not provide payment processing between Customers (including in connection with shared jobs); any such arrangements are solely between the Customers involved.
9. Availability, changes and support
9.1 Availability
We aim to make the Service available at all times, but we do not guarantee uninterrupted availability. The Service may be temporarily unavailable due to scheduled maintenance, emergency maintenance, or events outside our reasonable control. We will use reasonable endeavours to carry out scheduled maintenance outside normal UK business hours and to give reasonable notice where practicable.
9.2 Changes to the Service
We may update, modify or enhance the Service from time to time. We may also retire features that are rarely used or that have been superseded. We will give reasonable notice before retiring a feature that is material to your use of the Service.
9.3 Support
Support is provided in English by email to support@teamdispatch.co.uk during normal UK business hours. We will use reasonable endeavours to respond to support requests promptly, but we do not guarantee specific response or resolution times unless expressly set out in a written service-level agreement.
10. Suspension and termination
10.1 Suspension
We may suspend all or part of your access to the Service if:
- You fail to pay any Fees when due and do not remedy within a reasonable period of notice;
- We reasonably believe you are in material breach of these Terms;
- Suspension is necessary to protect the security, integrity or availability of the Service or other Customers;
- We are required by law, regulation or lawful request of an authority to do so.
10.2 Termination by you
You may terminate these Terms at any time by cancelling your Subscription as described in clause 4.6.
10.3 Termination by us
We may terminate these Terms with immediate effect by written notice if:
- You materially breach these Terms and fail to remedy the breach within 14 days of written notice (or where the breach is not capable of remedy);
- You become insolvent, enter administration, propose a voluntary arrangement or cease to trade;
- You fail to pay Fees within 14 days of the due date.
We may also terminate these Terms for convenience on 60 days’ written notice, and in that case will refund any Fees covering the period after termination.
10.4 Effect of termination
On termination, your right to access the Service ends immediately. Clause 4.6 applies in respect of cancellation at the end of a Subscription Term. Any accrued rights or liabilities, and any provision that by its nature should survive, will survive termination — including clauses 6 (Customer Data), 7 (IP), 11 (Warranties), 12 (Liability), 14 (Confidentiality) and 16 (General).
11. Warranties and disclaimers
We warrant that we will provide the Service with reasonable skill and care, in accordance with these Terms.
Except as expressly set out in these Terms, and to the maximum extent permitted by law:
- The Service is provided “as is” and “as available”, without any other warranties or conditions of any kind, whether express, implied or statutory;
- We do not warrant that the Service will be uninterrupted, error-free, secure from all threats, or meet your specific requirements;
- All implied warranties, conditions and other terms (including those relating to satisfactory quality, fitness for a particular purpose and reasonable skill and care, to the extent not expressly stated above) are excluded;
- We are not responsible for the accuracy, quality or legality of Customer Data, or for decisions you make based on the Service.
12. Limitation of liability
Important: this clause limits and excludes our liability to you. Please read it carefully.
12.1 Liability we do not exclude
Nothing in these Terms limits or excludes our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation;
- Any other liability which cannot be limited or excluded by law.
12.2 Excluded losses
Subject to clause 12.1, we will not be liable (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for:
- Loss of profits, revenue, business, contracts, anticipated savings, goodwill or opportunity;
- Loss or corruption of data, except to the extent caused by our failure to implement reasonable security measures;
- Any indirect, special or consequential loss.
12.3 Cap on liability
Subject to clauses 12.1 and 12.2, our total aggregate liability to you arising out of or in connection with these Terms in any 12-month period will not exceed the greater of: (a) the total Fees paid or payable by you to us in the 12 months immediately preceding the event giving rise to the claim; or (b) one hundred pounds sterling (£100).
12.4 Customer-to-Customer interactions
Where you use the inter-company job sharing feature or otherwise interact with other Customers through the Service, we are not a party to any arrangement between you and those other Customers. We are not responsible for any dispute, loss, damage or liability arising between Customers, including in relation to payment, job performance, quality of work or End-Customer complaints.
13. Indemnity
You agree to indemnify and hold harmless TeamDispatch, its directors, officers, employees and agents from and against any claim, loss, damage, liability, cost or expense (including reasonable legal fees) arising out of or in connection with:
- Your breach of these Terms;
- Your breach of any applicable law or regulation in connection with your use of the Service;
- Your Customer Data, including any claim by an End-Customer or third party that Customer Data infringes their rights or violates applicable law;
- Any dispute between you and another Customer arising from the use of the Service.
We will notify you promptly of any such claim, allow you to control the defence (subject to our right to participate), and reasonably cooperate with you at your expense.
14. Confidentiality
Each party may have access to information of the other party that is marked or reasonably understood to be confidential (“Confidential Information”). Each party agrees to use the other’s Confidential Information only for the purposes of these Terms, and to protect it using at least reasonable care. Customer Data is the Confidential Information of the Customer. Confidential Information does not include information that is or becomes public other than through breach of this clause, is already lawfully known, or is independently developed.
15. Force majeure
Neither party will be liable for any failure or delay in performing its obligations under these Terms (other than payment of Fees) caused by an event beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, strikes, failures of public or private telecommunications, internet or utility services, or the failure of a third-party cloud infrastructure provider.
16. General
16.1 Entire agreement
These Terms, together with our Privacy Policy and any Data Processing Agreement or order form, constitute the entire agreement between you and us in relation to the Service and supersede any prior agreements, representations or understandings.
16.2 Variation
We may update these Terms from time to time. If we make a material change, we will give you reasonable notice (for example, by email or within the Service). If you continue to use the Service after the effective date of the change, you will be deemed to have accepted the updated Terms. If you do not agree to a change, you may cancel your Subscription under clause 4.6.
16.3 Assignment
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition or sale of assets, on notice to you.
16.4 Subcontracting
We may use subcontractors (including our cloud infrastructure, email and payment providers) to provide the Service. We remain responsible for the acts and omissions of our subcontractors in connection with the Service.
16.5 Notices
We may give you notice by email to the address associated with your Account, through the Service, or by post to the address you have provided. You may give us notice by email to support@teamdispatch.co.uk.
16.6 No waiver
A failure or delay by either party to exercise any right under these Terms is not a waiver of that right.
16.7 Severance
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
16.8 No partnership
Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and us.
16.9 Third-party rights
A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
16.10 Governing law and jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim.