Draft: the highlighted details are still to be confirmed.
1. About these terms
1.1 These terms are between [Company name], trading as Test & Track, of [registered office address], company number [number] (we, us) and the tester we approve to use the Test & Track platform (you).
1.2 Clients post testing jobs on the platform. Approved testers quote for and carry out those jobs. We hold the client's payment, issue the certificates and keep the records.
1.3 In these terms: Job means a testing job posted on the platform. Client means the person or business that posts a Job. Platform means the Test & Track website, app and systems. Job Price means the price agreed for a Job, excluding VAT. Platform Percentage means the percentage of the Job Price that we keep, as set out in clause 6.
1.4 If you work through an agency, clause 3.6 also applies.
2. Becoming a tester
2.1 You must apply with accurate details, including your name, address, qualifications, experience, insurance, test equipment and calibration records.
2.2 We vet every application. We may ask for evidence such as certificates, insurance documents and calibration records. We may approve, refuse, or limit your approval to certain types of testing or areas. We do not have to give reasons.
2.3 You must keep your details up to date and tell us promptly about any change to your qualifications, insurance, equipment calibration or anything else that affects your ability to test safely.
2.4 We may re-check your details at any time.
2.5 Approval for one type of testing, such as PAT testing, does not approve you for other types. Rail testing is coming soon and will have extra requirements (see clause 9).
3. Your status
3.1 You are self-employed or run your own company. Nothing in these terms makes you our employee or worker, or creates a partnership or agency between us.
3.2 You choose which Jobs to quote for. We do not promise you any minimum amount of work, and you do not have to accept any Job. You may also work for other people, including our competitors, subject to clause 8.
3.3 You decide how to carry out a Job and, within the agreed date, when to do it, provided you meet the standards in clause 5 and the Job requirements.
3.4 With our prior approval you may send another suitably qualified, insured and approved tester in your place. They must meet the same vetting standards as you.
3.5 You provide your own tools, test equipment, transport, insurance and training at your own cost. You are responsible for your own tax, National Insurance and VAT (if registered). We do not pay holiday pay, sick pay or pension contributions.
3.6 If you are supplied to us through an agency, your agency, not us, is responsible for your pay, tax, working-time and employment rights. We will agree separate written terms with the agency. You must still meet clauses 2, 4, 5, 7 and 10.
4. Quoting for and doing Jobs
4.1 You send a price and a date for a Job. The Client must approve the quote and pay before the Job is booked.
4.2 Once a Job is booked, you must attend as agreed. If you cannot, tell us and the Client as soon as possible. Repeated no-shows or late cancellations may lead to suspension.
4.3 You must test honestly and accurately, and log every result, including failures, on the handheld device at the time of testing. You must not record a result for an item you have not tested.
4.4 You must treat Clients and their staff with respect, follow site rules and induction requirements, and stop work and report anything unsafe.
4.5 You must tell us immediately about any accident, damage, complaint or safety concern.
5. Competence, equipment and insurance
5.1 Only accept Jobs you are qualified and competent to do. Where work needs a competent person, such as examinations of lifting equipment under LOLER, you must be competent for that work.
5.2 You must use test equipment that is suitable for the Job, working correctly, and in calibration where required. Keep your calibration records and show them to us on request.
5.3 You must hold public liability insurance of at least £[amount] and, where your work involves giving inspection results or certificates, professional indemnity insurance of at least £[amount], for as long as you use the Platform. Send us evidence on request.
5.4 You must follow the law, relevant standards and our reasonable quality procedures.
6. Payment and our percentage
6.1 The Client pays Test & Track. We hold the payment until the Client signs off the Job, or until [number] days after you submit your results if the Client does not respond and there is no dispute.
6.2 We keep [percentage]% of the Job Price (the Platform Percentage) and pay you the rest. We will tell you in advance of any change, and a change will not apply to Jobs already booked.
6.3 We pay you within [number] days of sign-off, into the bank account you give us. [Choose one: you invoice us and add VAT if you are VAT-registered / we raise self-billed invoices on your behalf.]
6.4 If a Client disputes a Job, we will look into it fairly. We may hold or reduce payment where work was incomplete, inaccurate or unsafe, and you must put it right at no extra charge where that is reasonable.
6.5 If we have to refund a Client because of your work, we may deduct that amount from future payments or ask you to repay it.
6.6 You must not ask a Client for extra payment for a booked Job outside the Platform.
7. Results, certificates and records
7.1 Results, certificates and the Client's equipment register are stored on the Platform. Certificates are issued through the Platform in Test & Track's name, based on the results you record.
7.2 You must not alter, backdate or invent results.
7.3 We may check samples of your work, including by asking for evidence or arranging a re-test, to keep our quality high.
8. Staying on the platform
8.1 For [12] months after you first do a Job for a Client introduced to you through the Platform, you will not arrange the same type of testing for that Client outside the Platform in order to avoid our Platform Percentage.
8.2 This does not stop you working for Clients you already had before they used the Platform, or working for anyone else on other jobs. Tell us about your existing Clients when you apply.
9. Rail testing (coming soon)
9.1 Rail testing is not yet available through the Platform. When it launches, extra requirements will apply, for example rail competences and site-access accreditation. We will tell you what is needed before you can accept any rail Job.
10. Data and confidentiality
10.1 We use your personal data to run the Platform, including vetting, matching Jobs, payments, records and safety. See our privacy notice at [link].
10.2 You must keep Clients' sites, equipment, results and business information confidential and use them only to do the Job.
10.3 You must not share your login and must keep your device and account secure.
11. Liability
11.1 Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not allow to be limited.
11.2 You are responsible for your own work, including loss caused by negligent testing or inaccurate results, subject to your insurance.
11.3 We are not liable for loss of earnings, loss of work or indirect loss. Our total liability to you for any claim connected with the Platform is limited to the payments due to you for the Job concerned. [Solicitor to confirm.]
12. Suspension and ending
12.1 You may stop using the Platform at any time, after you complete any Jobs you have accepted.
12.2 We may suspend or end your access on [7] days' notice for any reason, or immediately for serious breach. Serious breach includes falsifying results, unsafe work, loss of a required qualification or insurance, dishonesty, or serious harm to our reputation.
12.3 Payments for signed-off Jobs remain due after your access ends. Clauses 6, 7, 8, 10, 11 and 13 continue after ending.
13. General
13.1 We may update these terms by giving you [30] days' notice. If you keep using the Platform after that, you accept the updated terms.
13.2 These terms are the whole agreement about your use of the Platform. You may not transfer your rights under them to anyone else.
13.3 English law applies, and the courts of England and Wales have jurisdiction.
14. Contact
Test & Track, Kent. 07710 604069 · testandtrack@yahoo.com