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Master Service Terms

MASTER SERVICE TERMS

INTRODUCTION

  1. These Master Service Terms, the Product Terms, the Platform Terms and any other document, policy or procedure referenced within these Master Service Terms (the “Terms”) govern the provision of services (including the Checkatrade platform) by Checkatrade to tradespeople.

  2. “Checkatrade” is a trading name of Vetted Limited, a company incorporated in England & Wales (company number 04285394) with its registered office at Focus Point, 21 Caledonian Road, London, N1 9DX.

  3. If you are a tradesperson, you may request Checkatrade Services. Upon creating a Profile, you agree to comply with and be bound by these Terms which will form a legally binding contract between the tradesperson requesting the Checkatrade Services (the “Tradesperson”) and Checkatrade (the “Agreement”).

  4. In the Agreement, Checkatrade may be referred to as “We”, “Us” or “Our” and a Tradesperson may be referred to as “You” or “Your”. Checkatrade and the Tradesperson may individually be referred to as a “Party” and together the “Parties”.

  5. Where there is any inconsistency between the terms of the Agreement, the following order of precedence shall apply

    1. a) the Confirmation Email (if applicable);

    2. b) the Product Terms;

    3. c) these Master Service Terms;

    4. d) the Platform Terms; and

    5. e) any other linked policies or terms and conditions from time to time in force between You and Us.

  6. Any promotional discounts and offers We market with respect to Checkatrade’s services will not affect the Agreement unless explicitly stated to do so in Writing. Any promotional offer or free period given to You is not a trial period. DEFINITIONS

  7. In the Agreement, the following words and phrases shall have the following meanings:

Agreement has the meaning set out in Clause 3.

Agreement Term has the meaning set out in Clause 8.

Application means an application from You to receive the Services.

Application Fee means a fee of £250 excluding VAT (as the same may be amended from time to time) that We may charge (which may include part or all of the Fees) to enable Us to process an Application from You for new or amended Services.

Approved Services means the services to be provided by Us to You as an Approved Tradesperson and as set out in the Confirmation Email.

Approved Tradesperson means when You pass Our Vetting Checks.

Business Content means any descriptions of or other content or data about You or Your business that has been uploaded to the Platform including any descriptions, written copy, photographs, videos, trademarks and logos.

Business Day means a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Business Materials means any business website, business marketing materials, printed or digital content, including but not limited to, brochures, leaflets, flyers, advertisements, business papers, correspondence, business stationery, signage, any equipment and/or business tooling, including (but not limited to) email accounts, social media channels, and any other medium or asset used in connection with Your business.

Business Owner means the owner of the business if a sole trader, any partner, if a partnership (of any kind) and if a limited company, any director of the company registered at Companies House.

Card Payment Authorisation means a continuous or recurring credit or debit card payment authorisation in cleared funds.

Checkatrade Apps means the applications We operate, including the Trade App.

Checkatrade Standard means the standards which You must uphold as set out at here (as amended from time to time).

Clause shall mean a clause within these Master Service Terms.

Commencement Date has the meaning set out in Clause 8.

Confirmation Email means an email from Checkatrade to You which confirms the Services that Checkatrade will provide and the associated Fees and which provides a link to and incorporates the Terms, as amended from time to time in accordance with the Agreement, including but not limited to by Variation Email.

Customer means Your customer.

Deactivation and Sanctions Policy means the Checkatrade policy of the same name referred to in the Platform Terms.

Essential Services means the services provided by Us to You in relation to our review management product “Essentials”.

Fees means the fees for Services as set out in the Confirmation Email and any other fees payable under the Agreement, including but not limited to any Application Fees.

Guarantee means the Checkatrade Guarantee as set out here (as amended from time to time).

IP means any intellectual property rights, including the rights to any data, content or material, inventions or patents, copyright, design rights, trademarks, goodwill in any business names or signs or domain names, database rights, know-how and any other intellectual property rights, whether registered or unregistered, existing anywhere in the world.

IPR Charge has the meaning set out in Clause 71b).

Members Area means the dedicated Trade area of the Website.

Nominated Personnel has the meaning set out in Clause 14.

Notice and Takedown Procedure means the process set out here (as amended from time to time).

Platform means the Website, the Checkatrade Apps and any other web or mobile platform We host and the related pages, sub-domains and tools, content, blogs and other information or subject matter contained therein.

Platform Terms means the terms and conditions governing the use of the Platform here.

Product Terms means the terms and conditions specific to the Services.

Profile means the profile relating to You which contains Your Business Content and which is displayed on the Platform.

Renewal Date has the meaning set out in Clause 10.

Review means any comment or extract thereof posted by a User on the Platform including a score issued by any Customer related to any Works You may have quoted for, carried on, or completed.

Secure Contacts means unique dedicated phone numbers or email addresses provided to You by Us.

Services means the Approved Services or Essentials Services.

Subcontractor means an individual, sole trader, consultant, agent or company You engage to carry out or assist You in carrying out the Works.

Suspend means the action Checkatrade may take to remove You from the Platform temporarily and “Suspension” means the status of being Suspended.

Termination means the action Checkatrade may to take to remove You from the Platform permanently and/or to terminate the Agreement in accordance with the Terms.

Terms has the meaning set out in Clause 1.

Trade App means the application available to tradespeople to manage their Services.

Trade Complaints Policy means the policy for resolution of disputes between Us and You set out on the Website.

Trade Privacy Notice means the privacy notice for tradespeople set out here (as amended from time to time).

Trademarks means all Our trade marks forming part of Our IP, including but not limited to the trade mark checkatrade.com, the word Checkatrade or “Checka”, Our sonic logo, the Checkatrade tick and all other Checkatrade trade marks and the corresponding ‘Checkatrade’ brand name and logo used from time to time.

Use means to copy, modify, adapt, distribute, publicly share or make available, republish, provide links to or upload.

User means a user of the Platform, which may include Customers.

Variation Email means an email from Checkatrade to You setting out any changes to the Services and/or associated Fees.

Vetting Checks means the checks We undertake to verify Your suitability to be associated with Us as an Approved Tradesperson, to use the Platform and to carry out Works, including but not limited to checks on Your identity, Your business and Your accreditations.

Website means www.checkatrade.com (and all other domains that We may own or control from time to time).

Writing or Written means any method of reproducing words in a legible and non-transitory form, including email but excluding fax.

Works means any work quoted for, carried out or to be carried out by You for a Customer and includes the supply of a service and/or the supply of goods and/or the installation of those goods.

OUR AGREEMENT

8. The Agreement shall begin on the start date You create Your Profile (“Commencement Date”) and shall continue for: (a) Approved Services (unless terminated earlier in accordance with these Terms) for the contract period set out in the Confirmation Email (the “Agreement Term”); or (b) Essentials Services until terminated with these Terms. Should You have doubts about signing up to the Agreement, You will have two (2) Business Days from the Commencement Date to cancel the Agreement without having to pay anything further. Should You not cancel within these two (2) Business Days, You agree to be bound by the Agreement.

9. If you are an Approved Tradesperson, you may request Approved Services, if we accept Your request, we will send You Confirmation Email incorporating the relevant Product Terms.

10. For Approved Services:

a) at the end of the Agreement Term or any subsequent renewal period (each a “Renewal Date”), the Agreement will automatically renew for a further period equivalent to the Agreement Term, unless either Party provides the other Party with notice of non-renewal of the Services (or any part of the Services) in accordance with this clause 10(a):

(i) by Us to You by notice in accordance with Clause 90 at least 30 days before the Renewal Date; or

(ii) by You to Us by the Business Owner calling 02394 219 576 and notifying Us no earlier than 35 days before the Renewal Date,

following which, in either case all (or the relevant part) of Services shall terminate on the Renewal Date,

(b) on or shortly after any Renewal Date We will send You a Confirmation Email; and

(c) We may increase the Fees on any Renewal Date by providing You with notice in accordance with Clause 90 no less than 30 days prior to the Renewal Date.

11. From time to time, We may allow You to make changes to the Services in the Members Area and/or Trade App. If You make a change to the Services in the Members Area and/or Trade App, this change will constitute a variation of the Services as offered by Us and accepted by You.

12. We may make changes to the Services at any time by providing You with a Variation Email. If the changes We make are material and have a detrimental effect on Your business, You can terminate the Agreement immediately by the Business Owner calling 02394 219 576 and notifying Us within 14 days of such a change.

13. Any other changes to the Services and/or Fees that are agreed between the Parties, will be incorporated into the Agreement by a Variation Email.

14. The Business Owner may nominate personnel to manage the receipt of the Services on Your behalf (“Nominated Personnel”) by providing Us with notice via email to membershipadvice@checkatrade.com. Any changes to such Nominated Personnel must be notified to Us by the Business Owner. Nominated Personnel shall have no legal rights under the Agreement, including but not limited to the right to terminate the Agreement.

VETTING

15. It is a condition of Our provision of the Approved Services that You pass the Vetting Checks and continue to pass the Vetting Checks during the Agreement Term.

16. To enable Us to carry out the Vetting Checks, You shall:

a) provide all information relating to:

(i) You and/or Your business as well as its owners, officers, directors, partners; and

(ii) employees, agents, or Subcontractors to enable Us to verify Your compliance with Clause 29(d);

b) ensure that all information You provide is up-to-date, complete and accurate;

c) co-operate with Us at all times and respond promptly and appropriately to any of Our related queries; and

d) report to Us without delay any changes to Your circumstances or other developments that could affect Your ability to comply with the Agreement or that may affect the accuracy or relevance of information about You on the Platform.

17. If You fail the Vetting Checks for any reason, We reserve the right to charge an Application Fee to cover Our reasonable costs of the Vetting Checks and processing Your Application.

18. We will be entitled to Terminate the Agreement in accordance with Clause 64 if:

17. If You fail the Vetting Checks for any reason, We reserve the right to charge an Application Fee to cover Our reasonable costs of the Vetting Checks and processing Your Application.

18 .We will be entitled to Terminate the Agreement in accordance with Clause 65 if:

a) You fail the Vetting Checks for any reason; or

b) We are unable to complete the Vetting Checks within 90 days of the Commencement Date due to Your failure (in whole or in part) to comply with Your obligations under the Agreement (including as set out in Clause 16).

19. If We Terminate the Agreement in accordance with Clause 18 and You have complied with all Your obligations in Clause 16, We shall refund You all Fees paid up to the date of Termination less the Application Fee. If the Fees paid up to the date of Termination are less than the Application Fee, such Fees will not be refunded, and You will be charged the difference between the Fees paid and the Application Fee. If We Terminate the Agreement in accordance with Clause 18), We shall not refund You the Fees paid up to the date of Termination (but, for the avoidance of doubt, You shall not be charged an Application Fee).

20. If You pass the Vetting Checks, You will be entitled to receive the Approved Services.

21. You acknowledge and agree:

a) that it is entirely Our decision as to whether You, Your employees and/or Sub-contractors pass the Vetting Checks, and that Our decision is final. We are under no obligation to disclose the reason for Our decision;

b) Our verification in accordance with Clause 16(a)(ii) for the sole purpose of Our Vetting Checks and should not be relied on by You as substitution of Your obligations under applicable laws to conduct necessary checks on Your employees and Sub-contractors; and

c) We are not liable for any losses suffered by You from the Vetting Checks and/ or reliance on Our verification in accordance with Clause 16(a)(ii).

22. In consideration of Your payment of the Fees and subject to You passing Our Vetting Checks, we will provide You with the Services during the Agreement Term or if applicable any subsequent renewal period.

23. We will use reasonable endeavours to ensure that search rankings will be fairly distributed between Approved Tradespeople across the Platform. Please check the Website for more details on how We do this.

YOUR OBLIGATIONS

24. You shall:

a) use the Platform in accordance with the Platform Terms;

b) comply with all applicable laws, statutes, regulations and codes of conduct or regulatory guidance from time to time in force, including consumer laws, data protection laws, the CAP Code, anti-slavery and human trafficking laws including the Modern Slavery Act 2015;

c) provide all information requested by Us in order for Us to comply with our legal and regulatory obligations, including but not limited to the compliance with the Digital Markets, Competition and Consumers Act 2024 and any advice or guidance issued by the Competition Market Authority; and

d) ensure that anyone who works on Your behalf including Your employees and Subcontractors comply with the Agreement. Any breach of the Agreement by someone who works for You will be considered a breach by You.

25. You shall not:

a) act in any way which in Our reasonable opinion is likely to have an adverse impact on the Platform, Our brand, Your Customers or the public in general; and

b) discriminate against any Customers on the grounds of age, disability, gender reassignment, pregnancy or maternity, marriage or civil partnership, race, religion or belief, sex or sexual orientation, or any other ground, from time to time prohibited by law.

26. You warrant and represent that:

a) You are, and will remain, established in the United Kingdom;

b) You have legal authority and capacity to enter into the Agreement and to perform Your obligations in accordance with the Agreement;

c) You are not aware of any legal ruling, prohibition, expulsion, restriction, professional sanction or revocation, or order that could impact on Your ability to receive the Services or if you are an Approved Tradesperson, provide the Works to Your Customers; and

d) You have not been convicted of any offence including in respect of slavery and human trafficking (and are not knowingly subject to any claim, investigation or proceedings alleging commission of such an offence).

27. If, at any time, We decide it is necessary to initiate an investigation into Your conduct or background in order to maintain the integrity of Our Platform, You agree to obtain (without delay) up to date criminal background checks, County Court Judgments and / or provide Us with such relevant information as We may reasonably request to assist such investigation.

28. If you are an Approved Tradespeople You acknowledge and agree that if you use our Payment Processing Services, the Product Terms for Payment Services at here shall apply. The "Payment Processing Services” are those services we make available through a payments service provider on an "As Is" and "As Available" basis to tradespeople to enable them to receive payment from their customers through an approved electronic payment service provider for services provided in connection with their use of the Checkatrade platform.

Approved Tradespeople

29. In addition to the above, for Approved Services:

a) You shall meet and uphold the Checkatrade Standard at all times;

b) You shall at all times maintain adequate public liability insurance for your business (including as a minimum suitable financial levels of coverage) and for those undertaking the Work on your behalf such as Subcontractors, employees or other contracted parties engaged by you) and certify and supply up to date evidence of such insurances for all parties immediately upon request by Us;

c) You shall not pass a lead on to a third party;

d) You represent and warrant that You shall not use Subcontractors or employees to complete the Works, unless You have:

(i) adopted appropriate procedures , taking a risk-based approach to ensure Your employees and Subcontractors are suitable to complete the Works;

(ii) taken reasonable steps to establish that the Subcontractor is who they say they are (for example, requesting proof of identification and business address);

(iii) obtained consent from the Customer for the Subcontractor to carry out some or all of the Works on Your behalf; and

(iv) entered into a contractual relationship with a Subcontractor to undertake some or all of the Works on Your behalf,

e) when carrying out Works, You shall (and shall ensure that any employee or Subcontractor of Yours shall (as applicable)):

(i) ensure that You have the ability and resource and are suitably fit and qualified to supply the Works;

(ii) comply with any claims You make in relation to those Works (such as, but not limited to, accreditations, certifications, guarantees, duration and / or quality);

(iii) not permit, authorise, or otherwise allow any party to undertake work on Your behalf if You are aware, or ought reasonably to be aware, that such individual has been previously expelled, suspended, or otherwise prohibited from accessing or using our Platform;

(iv) provide the Works lawfully at all times and not infringe any applicable laws, regulations, codes of conduct, regulatory guidance, any regulatory decisions or court orders;

(v) agree a clear scope of Works and binding contract with Your Customers before commencement, including providing Customers with any information required under consumer protection laws, and where possible You will perform Work for Your Customers under and in accordance with a written contract (to which, for the avoidance of doubt, We will not be a party and for which we shall have no liability);

(vi) perform Works in accordance with the Checkatrade Standard, ‘good industry practice’ meaning such professional standards of skill, care, timeliness and diligence that a competent tradesperson with Your stated expertise would be expected to conform to; and

(vii) provide the Works in a way that takes the environment and damage to it into consideration.

DATA PRIVACY

30. Any personal information that You provide to Us will be dealt with in line with Our Trade Privacy Notice which explains what information We collect and hold about You, and how We collect, store, use and share such information.

PAYMENT

31. You shall pay the Fees in accordance with the payment terms set out in the Product Terms.

32. We may take direct debit details or Card Payment Authorisation from You for the payment of the Fees. The direct debit instruction or Card Payment Authorisation must be in place and active for You to go live on Our Platform.

33. If the direct debit instruction is cancelled or the Card Payment Authority is revoked at any point during the Agreement Term or any subsequent renewal period, We reserve the right, at Our discretion, to Suspend or Terminate the Agreement with immediate effect. For the avoidance of doubt, ceasing payment of the Fees by cancelling Your direct debit or revoking Your Card Payment Authorisation does not constitute a valid termination by You of the Agreement and You shall remain liable to pay the full Fees for Your remaining Agreement Term or any subsequent renewal period.

34. In certain instances, You may be required to make a debit/credit card payment in advance of the Commencement Date. If Your direct debit payment fails, We reserve the right to attempt to take payment from the card details You provided when requesting the Services. Acceptance of the Terms constitutes Your authority for Us to attempt to and to take this payment.

35. We may vary the Fees at any time by giving reasonable notice to You either directly or through a general notification in Our Members’ Area. Should You have any issue with the variation, You must call Us to discuss the issue no later than 14 days before the next billing period when the changes would take effect. Otherwise, they will be deemed accepted by You.

36. Fees are payable in UK pounds sterling by direct debit or Card Payment Authorisation (in cleared funds) to Our nominated bank account. Additional payment methods such as credit card, debit card, bank transfer, standing order may also be accepted in certain situations where agreed by Us on an exceptions-only basis.

37. All Fees or other payments due by You under Our Agreement shall be paid in full without any deduction, set-off, counterclaim or withholding (unless required by law).

38. Where any Fees are overdue (without prejudice to Our other rights or remedies) We shall be entitled to charge interest on such overdue amount at a rate of 4 per cent per annum above the published base rate of Barclays Bank plc. Such interest will accrue daily from the date the amount became due until it is paid in full, accruing after as well as before judgment. In the event We have had to initiate Our debt collection process to pursue You for overdue Fees, We reserve the right to charge a late payment compensation charge of £40.

39. If You dispute any element of an invoice, You must notify Us by calling Us on the telephone number set out on the invoice or communication sent with the invoice within 14 days of receipt of the relevant invoice. Otherwise, it is deemed accepted by You.

40. Without prejudice to any other right, claim or action, where You fail to pay any outstanding Fees by the due date for payment, We will request payment within such period as We determine. Failure to pay may result in the referral of outstanding Fees to a third-party debt recovery business. Appointment of this business remains at Our sole discretion. We also reserve the right to require an administration fee to meet the costs of such referral and these fees will be added to Your current/remaining debt.

41. If the Services are either Suspended or Terminated and You request that the Agreement is reactivated, We also reserve the right to request an Application Fee to meet the costs of such reactivation as well as an advance payment or deposit (or other form of guarantee) where We reasonably consider this necessary to reduce Our credit risk.

42. Unless otherwise set out in the Agreement, all Fees paid shall be non-refundable and for the avoidance of doubt all Fees shall be payable during Suspension.

CONTENT AND IP

43. The provisions of the Platform Terms will apply inter alia to Your Business Content.

44. Our IP belongs to Us and except to the extent expressly set out in the Terms, You acquire no right, title or interest in Our IP and You must not use any of Our IP for any purpose.

45. You will not seek to register the Trademarks or use any similar name or material that resembles the Trademarks and will not use the Trademarks (including the colourways):

a) as part of a business name or domain name; or

b) in a deceptive or unlawful manner.

46. We will take any actions necessary to:

a) protect Our brand and Trademarks; and

b) ensure consumers are not misled by tradespeople misusing Our brand and Trademarks by claiming to be associated with Us.

47. We will monitor and run investigations as to the misuse of Our brand and Trademarks. Where We find infringements or misuse, We reserve Our rights under the Agreement and under law to take appropriate action which may include:

a) commencing legal proceedings;

b) notifying appropriate law enforcement agencies;

c) charging the IPR Charge;

d) Suspending the Services; and/ or

e) terminating the Agreement in accordance with Clause 64.

Approved Tradespeople

48. For as long as You have an Agreement with Us and are an Approved Tradesperson (except where You are Suspended):

a) You are allowed to accurately reproduce the Trademarks on Your Business Materials to indicate Your association with Us, and for no other purpose, in accordance with the Agreement;

b) We can take this right away at any time and on immediate notice and nothing stops Us being able to grant this right to whoever We choose;

c) You may not give this right to anyone else including any of Your group companies, Subcontractors or suppliers;

d) Any goodwill generated by the use of the Trademarks belongs to Us; and

e) Your use of the Trademarks shall be in good faith and in accordance with Our instructions which we may give from time to time and You shall not do anything to damage or dilute the Trademarks or the goodwill associated with Our brand.

REVIEWS

49. Where a User posts a Review about You, they retain ownership over the Review. The User gives Us the right to Use their Review on Our Platform and for Us to allow You the right to Use such Reviews in Your Business Material, provided that:

a) such Review is reproduced in a fair and accurate manner;

b) in all cases, Reviews are properly attributed to Us; and

c) where the Reviews are published online, a link should be provided back to Your listing on the Platform.

50. Your rights in relation to Reviews cease after termination of the Agreement and they must be deleted from all Your Business Materials.

51. You accept that We have the right to Use, and publish on the Platform or elsewhere any Reviews provided in relation to You or Your business.

52. You shall ensure that any comments in response to Reviews are provided by a person who was personally engaged in the delivery of the Works to which the Review relates and that the details provided in response are accurate; delivered in a professional and reasonable manner; and are not misleading, defamatory, abusive or illegal.

53. We are not liable for any losses suffered by You or any other party (including Your Subcontractors) arising from the publication of any Reviews or other posting published on the Platform or elsewhere by a Customer or User of the Platform. You accept that We have limited control over any comments or Reviews posted or uploaded to the Platform and We can’t remove comments or Reviews which You disagree with, except where We determine there is a genuine technical or legal basis for doing so following You notifying Us in accordance with the Notice and Takedown Procedure.

54. The Notice and Takedown Procedure allows You to notify Your objection to Reviews posted about You or Your business and/or other content on the Platform. Where You have failed to follow the Notice and Takedown Procedure or any other published channels provided by Us to You for dealing with complaints, We may not be able to respond to issues that You raise.

55. You acknowledge that in some cases, where We have reason to suspect that You are effectively under the same management or control as another or a previous tradesperson and have merely been reconstituted as a new entity or adopted a new trading name to disguise that fact, in order to maintain the integrity of the Platform, We may reproduce or link back to Reviews relating to that other or previous tradesperson and/or publish a notice on the Platform to publicise the connection.

56. We take the provision of fake reviews very seriously. You must not ask someone to write a fake review about You or write one Yourself. Should We reasonably suspect a Review about You is fake or has been provided under duress, We shall take the Review down and reserve Our rights to Suspend the Services or Terminate the Agreement.

Approved Tradespeople:

57. For Approved Services, where You receive a negative Review (a score of 5 or lower), We will endeavour to give You a reasonable opportunity to comment before such a Review is published on the Platform. Any comments You decide to provide (subject to them being in a form We deem suitable for publication), will be placed next to the Review on the Platform. Should You receive more than 10% negative Reviews, We will work with You to manage any adverse impact resulting from such negative Reviews. Should You receive more than 20% negative Reviews, We reserve Our right to Suspend or Terminate the Agreement in accordance with Clauses 58 and 64.

SUSPENSION

58. We reserve the right to Suspend the Services in the event We have reasonable cause to do so including (but not limited to) where:

a) We need to investigate an allegation which affects You and/or the Agreement;

b) You are involved in a legal dispute/action or some other event which in Our view could damage Our reputation or impact on Our operations;

c) You fail to pay any Fees or other sums when due from You to Us in accordance with the Agreement or otherwise; or

d) Any other reason as set out in the Deactivation and Sanctions Policy.

59. Should We need to Suspend the Services, We will notify You of the period of Suspension, the reason for doing so and the action We need You to take so that We can reinstate the Services. If You are Suspended, Your Secure Contact number will be diverted to Us.

60. At the end of the period of Suspension, We may in Our sole discretion and on notice extend the Suspension to allow any outstanding issues to be remedied or We may elect to Terminate the Agreement.

61. Suspension shall be entirely without prejudice to Your obligation to pay the Fees which shall remain due and payable in accordance with the Agreement.

TERMINATION

62. You may terminate the Agreement by giving Us notice in accordance with Clause 63, where:

a) We have committed a material breach of the Agreement that cannot be remedied;

b) We have committed a material breach of the Agreement that can be remedied but We fail to do so within 30 days of You notifying Us of such a breach;

c) We notify You of an update or change to the Master Service Terms or Product Terms and such update has a material and adverse affect on Your business and you notify Us within 30 days of such update coming into effect; and/ or

d) We increase the Fees (except as permitted by the Agreement) and You do not agree to such increase and notify Us within 30 days of such increase coming into effect.

63. Termination of the Agreement by You is only valid where the Business Owner calls 02394 219 576 to notify Us.

64. We may Terminate the Agreement immediately on Us giving You notice for any one or more of the following reasons:

a) You have committed a material breach of the Agreement that cannot be remedied;

b) You have committed a material breach of the Agreement that can be remedied but You fail to do so within 30 days of Us notifying You of such a breach;

c) You behave in a manner that We deem is unacceptable towards any person, or use language (verbal or in any other media) that We consider to be abusive, offensive, defamatory or unlawful;

d) You go into liquidation or administration, or have a receiver or manager appointed to Your assets, or You are made bankrupt or compounded with creditors or suffering any analogous action in consequence of a debt;

e) We discover that any information provided by You is false, incorrect or incomplete or You have withheld material information that is relevant to the Agreement;

f) You infringe Our IP;

g) You do anything that (in Our view) brings, or is likely to bring Our reputation into disrepute or is likely to damage Our goodwill;

h) You fail to pay any Fees or other sums when due in accordance with the Agreement;

i) there are material changes to the ownership, personnel or composition of Your business;

j) We suspect You have attempted to mislead or deceive Us or the public by rebranding or reconstituting Your business under a new name, or the posting of false information or the taking of other steps to artificially improve or manipulate Your Reviews or ratings on the Platform;

k) We become aware of any Police or Government Body investigation involving You (although We may not be able to share such information with You due to confidentiality obligations or other legal restrictions);

l) You discriminate against any Customer under the Equality Act 2010;

m) the Services are cancelled for any reason in accordance with the Deactivation and Sanctions Policy. Notice under the Deactivation and Sanctions Policy shall constitute notice for the purpose of this Clause 64(m); and/or

n) You cease to carry on the business or trade for which You are listed on the Platform or threaten to do so.

65. We may Terminate the Agreement for any reason at any time by giving You no less than 30 days’ notice.

66. Should We Terminate the Services, or any part thereof, We will notify You of the reason for doing so and any action You are required to take. If the Approved Services are Terminated in entirety, Your Secure Contact number will be diverted to Us.

Approved Tradespeople

67. We may Terminate the Agreement for Approved Services immediately on Us giving You notice for any one or more of the following reasons:

a) You do not pass the Vetting Checks;

b) You have failed to uphold the Checkatrade Standard;

c) You have received a complaint of a serious nature or a high volume of complaints;

d) Your Works are found to be sub-standard by an independent surveyor; and /or

e) We are notified that You have failed to participate in, or withdrawn from, any alternative dispute resolution procedure initiated by Your Customer or You fail to abide by an alternative dispute resolution decision.

CONSEQUENCES OF TERMINATION

68. If You terminate the Agreement in accordance with Clause 62 or We Terminate the Agreement in accordance with Clause 65, You shall be entitled to a pro-rated refund of the Fees which You have paid in advance for Services which were due to be delivered after the effective date of such termination.

69. If We Terminate the Agreement in accordance with Clause 64:

a) You shall not be entitled to a refund of Your Fees or any part of them;

b) You must make any remaining payments up until the end of Your current Agreement Term; and

c) We shall process any remaining Fees due as a lump sum from the existing payment details You provided to Us including under any existing Card Payment Authorisation or direct debit. Should We be unable to retrieve payment due to Us and You don’t provide an alternative payment mechanism, We shall pursue this as a debt in accordance with Our usual debt collection processes.

70. In the event of termination of the Agreement for any reason:

a) Termination shall be without prejudice to the rights of either Party which accrued prior to the date of such termination including any payment obligations;

b) We may, at Our discretion, retain Your listing and reviews on the Platform but you will not be found unless searched by business name, and We will clearly state that you no longer have an active Agreement with Us. You can notify Us if you wish to be removed from the Platform at any time;

c) We will retain Your information for a reasonable period for the purpose of Clause 70(b) to allow Us to deal with any customer complaints, issues or investigations relating to the Agreement or for legal or regulatory purposes;

d) Your right to use Our IP or Reviews shall cease immediately; and

e) You must not do or say anything from that date to give the impression that You continue to be associated with or endorsed by Us or trade off Our goodwill in any way.

Approved Tradespeople:

71. In addition to the above, in the event of termination of the Agreement for Approved Services for any reason:

a) You must, without delay, entirely remove Our IP, Reviews and any reference to Us from all Your Business Materials. Additionally, You must immediately cease using any and all Business Materials that contain or incorporate Our IP in any form and without exception, destroy any Business Materials capable of destruction that include Our IP (for example, flyers and business cards), ensuring that they cannot be reused, repurposed, or disseminated in any way. Where requested to do so, You must provide evidence to demonstrate that You have fully complied with this obligation;

b) without prejudice to Our rights and remedies stated under the Agreement or any other rights under law, where You continue to use Our IP in breach of the Agreement, You agree to reimburse Us a sum equivalent to the Fees that would otherwise be payable to enable You to continue to use Our IP after termination (“IPR Charge”). The IPR Charge shall be paid on demand on a continuing basis for so long as You use Our IP on an unauthorised basis. This IPR Charge represents the sum that We would have charged You had the use of Our IP been authorised;

c) the IPR Charge survives termination of the Agreement. However:

(i) in no way does paying the IPR Charge give You a licence to use Our IP after termination of the Agreement, nor does it mean the Agreement has in any way resumed;

(ii) the IPR Charge does not represent or create a cap on Your liability (including in respect of any damages We may claim) for losses arising as a result of Your unauthorised use of Our IP or breach of the Agreement; and

(iii) recovery of the IPR Charge as a debt is not Our sole, exhaustive or exclusive remedy for unauthorised use of Our IP or breach of the Agreement and does not prevent Us from seeking any other rights or remedies We may have under the Agreement or at law We might choose including the right to claim general damages or to claim injunctive or interim relief. We at all times fully reserve all Our rights and remedies under law and the Agreement.

72. Clauses 30, 31, 37-41, 52, 68 - 79, 90 - 92, 93 - 96 and 99 shall survive termination of the Agreement.

LIABILITY

73. We are not responsible for the way in which You conduct yourself, the way Your employees or Subcontractors conduct themselves and for Approved Services, nor are We liable for the Works. You shall indemnify Us and keep Us indemnified for any liabilities, losses, claims, demands, damages, and any other costs and expenses We might incur (including professional legal fees) arising out of or in connection with the following:

a) any claims made against Us in relation to an agreement or arrangement made between You and Your Customer or other User of the Platform;

b) any false, inaccurate, out of date or misleading Business Content or other information provided by You to Us;

c) any third-party claims or actions against Us arising out of or in connection with You acting or omitting to do something in breach of the Agreement or applicable law or regulations;

d) where We are joined into any legal action or proceedings brought by Your Customer, regulatory body or other third party against You in relation to Your alleged acts or omissions; or

e) for Approved Services, any payment We make to Your Customer under the Guarantee.

74. Subject to Clause 77 and to the fullest extent permitted by applicable law, We shall not be liable for any of the following:

a) loss of profits;

b) loss of sales or business or anticipated sales or business;

c) loss of agreements or contracts;

d) loss of anticipated savings;

e) loss of use or corruption of software, data or information;

f) loss of or damage to goodwill or reputation;

g) indirect or consequential loss even if We were advised of or could reasonably foresee the possibility of such losses; and

h) any other event or circumstance beyond Our reasonable control.

75. Subject to Clause 77, Our aggregate liability under or in connection with the Agreement whether in contract, tort (including negligence) breach of statutory duty or otherwise shall be limited to the total Fees paid by you under the Agreement in the previous 12 months commencing from when the liability first arose.

76. Except as expressly set out in these Terms, all representations, warranties, conditions or terms relating to availability, quality or fitness for particular purpose or results achieved from the Services are hereby excluded.

77. Notwithstanding any other provision of the Agreement, Our liability will not be limited or excluded in the case of:

a) fraud or fraudulent misrepresentation;

b) death or personal injury caused by Our negligence; or

c) any other liability which cannot be excluded or limited by law.

78. The Parties agree that:

a) the oversight of Your business; safeguarding of its reputation; Your professional conduct; management of Your Customer relationships; and for Approved Services, management of Your employees, Subcontractors or other contracted parties engaged by you and Your provision of Works remains solely Your own responsibility, and We shall have no liability to You, Your employees, Subcontractors, other contracted parties engaged by you or Your Customers with respect to the same;

b) Your Use of the Platform is subject to the Platform Terms. We don’t guarantee or warrant that the Platform or Services will be available on a continuous basis and there may be interruptions due to maintenance or other events beyond Our control;

c) on occasion, We may add to, remove or update the Platform, (including its design, contents or presentation) as We deem appropriate, without any liability to You as to when or how We do this; and

d) for Approved Services only, We will use reasonable endeavours to work with You to help You grow Your business, but any leads You might expect will be at all times subject to consumer demand and other market forces, the performance of Your business and the content of Your profile. We do not provide any warranties or guarantees as to the quality or amount of leads that You will receive under or in connection with the Services or the Agreement.

DISPUTES

79. If You have a complaint about:

a) Us, a Customer (but excluding a Review they have left about You), the Services or any part of the Agreement, You must follow the process set out in the Trade Complaints Policy; and/or

b) a Review, You must follow the Notice and Takedown Procedure.

80. In the event of a dispute between You and Your Customer, You acknowledge and agree that We are not a party to that dispute and shall not be responsible for its resolution.

81. In the event of a dispute, disagreement, or claim arising between You and a Customer, You acknowledge and agree that We are not a party to such disputes and have no obligation to mediate, arbitrate, or otherwise resolve any issues between You and the Customer.

82. You are solely responsible for handling disputes, enforcing payment terms, and seeking any necessary legal recourse against a Customer. We shall not be held liable for any non-payment, contract breach, or dissatisfaction resulting from Your engagement with a customer.

83. Any ratings, reviews, or feedback provided on our Platform are Customer-generated opinions and do not constitute our endorsement or evaluation of your services. We are not responsible for the content or impact of customer reviews

84. While We do not resolve disputes, We encourage traders to report any misconduct, fraudulent activity, or breaches of Our terms by Customers. However, any such report does not obligate Us to take specific action, and We do not assume responsibility for resolving reported issues.

85. We reserve the right to investigate reported misconduct and take action at our sole discretion.

GENERAL

Variations

86. We may update the Master Service Terms and/or the Product Terms from time to time. We will usually provide You with at least 15 days’ notice via email or other medium of any changes to these Master Service Terms and/or Product Terms, except that We will provide You with a longer notice period where We deem that a longer period is required to allow for You to make technical or commercial adaptations to comply with the changes.

87. Notwithstanding the foregoing, We may change the Master Service Terms and/or the Product Terms at any time immediately upon notice to You where:

a) We are permitted to do so by law;

b) the changes are editorial changes which do not alter the content or meaning of the Master Service Terms and/or the Product Terms;

c) We are subject to any legal or regulatory obligation which requires Us to change the Master Service Terms and/or the Product Terms in a manner which does not allow Us to provide advance notice; and/or

d) We need to change the Master Service Terms and/or the Product Terms to address an unforeseen and imminent risk related to the Services, such as fraud, malware, spam, data breaches or other cybersecurity risks.

88. We may update the Platform Terms from time to time in accordance with the Platform Terms.

89. We may update any of Our policies or procedures at any time for any reason without providing notice to You.

Notices

90. Unless the Agreement states otherwise, any formal notice or notification to be given under the Agreement must be in Writing and must be sent: (i) by You to Us at Our registered address by registered mail or by hand (if signed for at Our reception) or (ii) by Us to You at the primary email address on Your account.

91. Any notice shall be deemed to be received on delivery and for notices delivered by email, delivery shall mean when Our system indicates the email has been successfully delivered and no delivery error message has been received.

Entire Agreement

92. You confirm that You did not enter into the Agreement in reliance on any representation made by Us other than those which are expressly set out in the Agreement. All descriptions and other information in Our advertising and publicity material are illustrations only and do not form part of the Agreement. The Agreement constitutes the entire agreement between Us and You and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, understandings and terms and conditions between Us and You relating to the Services, whether written or oral. Nothing in this Clause 92 shall operate to limit or exclude any liability for fraud.

Severance

93. Should any part of the Agreement be declared invalid, illegal or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion which (if legally permitted) shall remain in full force and effect. If any invalid, illegal or unenforceable provision of the Agreement would be valid, legal or enforceable if some or part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.

Assignment

94. We may assign any of Our rights and transfer or delegate any of Our obligations under the Agreement. You will not transfer, assign or delegate any of Your rights or obligations under the Agreement unless expressly permitted to do so by Us.

Waiver

95. Any delay or failure by either Us or You in enforcing or exercising any term or condition of the Agreement, in full or in part, will not be deemed a waiver or in any way prejudice any right of either Us or You to enforce that term or condition subsequently.

Third Party Rights

96. A person who is not a party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from such Act.

Relationship

97. The Agreement does not constitute or imply any partnership, joint venture, agency, fiduciary relationship, employer/employee, contractor/supplier, or other relationship between the Parties other than the contractual relationship expressly provided for in the Agreement.

Force Majeure

98. We shall not be in breach of the Agreement, or otherwise liable to You for any delay or failure to provide the Services if such delay or failure is due to an event, circumstance or cause outside of Our reasonable control, including but not limited to acts of God, pandemics, strikes, technical failures or supply failures.

Law and Jurisdiction

99. The Agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. To the maximum extent permitted by law, any dispute or claim arising out of, or in connection with the Agreement, its subject matter or formation shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Version

100. These Master Service Terms were last updated 23rd April 2025.

101. You can find the most recent version of the Terms at https://www.checkatrade.com/membership-terms