TERMS OF BUSINESS
1. DEFINITIONS AND INTERPRETATION
2. B2B ELIGIBILITY AND AUTHORITY
3. CONTRACT FORMATION AND ELECTRONIC ACCEPTANCE
4. SCOPE OF SERVICES
5. AREA
6. CUSTOMER OBLIGATIONS
7. LANDING PAGES, POST-LAUNCH CHANGES AND APPROVALS
8. FEES, BILLING AND PAYMENT
9. ADVERTISING BUDGET
10. INTELLECTUAL PROPERTY AND OWNERSHIP
11. PLATFORM LICENCE AND ACCEPTABLE USE
12. WARRANTIES AND DISCLAIMERS
13. CONFIDENTIALITY AND COMMUNICATIONS
14. DATA PROTECTION
15. SUSPENSION
16. TERM, TERMINATION (CANCELLATION) AND CONSEQUENCES
17. INDEMNITIES
18. LIMITATION OF LIABILITY
19. NON-SOLICITATION
20. FORCE MAJEURE
21. VARIATION
22. DISPUTE RESOLUTION
23. NOTICES
24. GENERAL
25. GOVERNING LAW AND JURISDICTION
SCHEDULE 1 – SERVICES AND AREA
A. CORE COMPONENTS OF THE SERVICES
B. AREA ALLOCATION AND OPERATIONAL RULES
SCHEDULE 2 – DATA PROCESSING AGREEMENT
1. DEFINITIONS AND INTERPRETATION
2. ROLES AND SCOPE
3. DETAILS OF PROCESSING
4. PROCESSOR OBLIGATIONS
5. LIABILITY
TERMS OF BUSINESS
GET WORK LIMITED – TERMS OF BUSINESS (B2B)
Get Work Limited (company no. 10914848, registered office Jubilee House, East Beach, Lytham Saint Annes, FY8 5FT) (“Get Work”, “we”, “us”).
Customer: the business accepting these Terms (“Customer”, “you”, “your”).
1. DEFINITIONS AND INTERPRETATION
| 1.1 |
Definitions. In these Terms:
“Additional Fees” means charges payable in addition to the Subscription Fees, including chargeable landing page changes under clause 7.3 and any work outside plan scope or otherwise agreed in writing. “Advertising Budget” means any advertising budget allocation included in a plan, used to fund media spend and related campaign delivery as part of the Services. “Area” means the fixed geographic territory allocated to you for the purposes of the Services, as displayed during online sign-up and/or in the Order (and optionally evidenced by our screenshot confirmation). “Authorised Users” means your employees and contractors authorised to use the Platform. “Call Recording Data” means audio recordings, transcripts (if any), call metadata and any associated identifiers captured and/or processed through the Services. “Campaign” means advertising campaigns we set up and/or manage for you on relevant platforms (including Google Ads). “Confidential Information” has the meaning given in clause 13.1. “Customer Materials” means content you provide (for example: branding, logos, trade marks, accreditations, photographs, reviews, business details, offers, claims and compliance statements). “Data Protection Legislation” means the UK GDPR, the Data Protection Act 2018, PECR and any other applicable data protection and/or e-privacy laws and regulatory requirements, each as amended or replaced from time to time. “DUAA” means the Data (Use and Access) Act 2025, as amended or replaced from time to time. “Fair Usage” means reasonable usage of support, change requests, optimisation activities and call tracking services relative to your plan, as described in clause 6.4 and Schedule 1, as we determine acting reasonably. “Fees” means the Subscription Fees and any Additional Fees. “Holding Subscription” means the temporary arrangement described in clause 8.12B under which certain Services may be suspended whilst the Customer’s subscription remains active. “Identity Verification Data” means data processed for identity verification via Veriff (or any other service provider as amended from time to time), including ID document images, session media (photo/video) and verification outputs. “Lead” means an enquiry from a prospective end-customer generated through the Services (including a phone call, voicemail, SMS, web form submission, or similar). “Lead Data” means personal data relating to end-customers contacting you via the Services, including Call Recording Data, contact form submissions, and contact details (name, email, phone, postcode). “Order” means the online sign-up / order form submitted by you (or us on your behalf) and accepted by us, specifying (as applicable) the plan, Area, Trade, Subscription Term, Subscription Fees and any Advertising Budget. “Platform” means our hosted lead management, call tracking/reporting and analytics software made available as a service (including dashboards, reporting, call recording access, contact forms, notifications, and related features). “Prohibited Data” means the data categories described in clause 6.9.1. “Services” means the online marketing services and software services described in Schedule 1, plus any additional services we agree in writing. “Subscription Fees” means the recurring subscription fee payable in advance for your chosen plan as set out in the Order. “Subscription Term” means the initial term and each renewal term for your subscription, as selected in the Order. “Trade” means the trade/service category you select at sign-up (or as we confirm in writing). “VAT” means value added tax chargeable in the UK and any similar replacement tax. “Working Day” means a day other than Saturday, Sunday or a public holiday in England. “Working Hours” means 09:00–17:00 on a Working Day. |
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| 1.2 |
Interpretation. 1.2.1 Headings are for convenience only and do not affect interpretation. 1.2.2 Words in the singular include the plural and vice versa. 1.2.3 “Including” and “include” mean “including without limitation”. 1.2.4 A reference to a clause or Schedule is a reference to a clause or Schedule of these Terms. |
| 1.3 | Order of precedence. If there is a conflict between documents, the following order of precedence applies (highest first): 1.3.1 the Order; 1.3.2 these Terms; 1.3.3 the Schedules. |
2. B2B ELIGIBILITY AND AUTHORITY
| 2.1 | Business customers only. The Services are offered only to businesses acting for purposes relating to their trade, business, craft or profession. By accepting these Terms, you confirm you are not acting as a consumer. |
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| 2.2 | Authority. You confirm that the individual accepting these Terms has authority to bind you. |
3. CONTRACT FORMATION AND ELECTRONIC ACCEPTANCE
| 3.1 | Formation. By: 3.1.1 clicking “I agree” (or similar), 3.1.2 electronically signing, 3.1.3 creating an account and purchasing a plan, or 3.1.4 using the Services after being presented with these Terms, you enter into a binding contract with us on these Terms. |
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| 3.2 | Electronic records. You agree that these Terms and any related notices, disclosures and records may be provided and retained in electronic form. |
4. SCOPE OF SERVICES
| 4.1 | Provision. We will provide the Services to you during the Subscription Term in accordance with these Terms and Schedule 1. |
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| 4.2 |
What we do not do. Unless expressly agreed in writing, we do not: 4.2.1 provide legal, financial, tax, or regulated marketing advice; 4.2.2 guarantee any minimum number of Leads, conversion rate, revenue, profit, or return on advertising spend; 4.2.3 guarantee any advertising placement, bidding outcome, impression share, or ad ranking; or 4.2.4 qualify, verify, score or vet Leads (including duplicates, spam, uncontactable prospects or price shoppers), nor guarantee that any Lead will result in a quotation request, appointment, sale or completed work. An enquiry may constitute a Lead even if the prospective customer subsequently becomes uncontactable, obtains multiple quotations, decides not to proceed, chooses another contractor, does not meet your preferred job value or requirements, or otherwise does not convert into business. |
| 4.3 | Third-party platforms. Delivery of the Services depends on third-party systems (for example: advertising platforms, telecoms networks, hosting providers). We are not responsible for third-party outages, policy changes, account suspensions imposed by third parties, or changes to algorithms or ad auction dynamics. |
| 4.4 | Third-party terms and authority. Where the Services integrate with or rely on third-party platforms, telecoms providers or services, you agree to comply with any applicable third-party terms and policies. You authorise us (and our subcontractors) to configure, administer and operate third-party accounts and settings as reasonably required to deliver the Services. We are not responsible for third-party platform decisions, policy changes, suspensions or restrictions. |
| 4.5 | No SLA. Unless we expressly agree otherwise in writing, we do not provide a service level agreement or uptime guarantee. However, we will use reasonable care and skill in providing the Services (see clause 12.1). |
| 4.6 | Right to decline / delay / suspend for risk. We may decline to accept an Order, delay onboarding, suspend or discontinue the Services where we reasonably consider it necessary to: 4.6.1 comply with applicable law, regulator guidance, or third-party platform/telecoms provider requirements; 4.6.2 mitigate fraud, security, reputational, business or platform risk (including financial); or 4.6.3 address material commercial suitability concerns (including where continuing to provide the Services would be impracticable). Where reasonably practicable, we will give you notice and explain the basis for our decision (subject to legal or security constraints). We reserve the right to choose who we work with and may decline or limit access to our services on this basis (including limiting the number of subscriptions that we offer each company). |
| 4.7 | Export and onward retention. You acknowledge that customer-configurable retention/export functionality may not be available. You are responsible for exporting/downloading any recordings or Lead Data you require prior to expiry of the applicable retention period and for any onward storage/retention as controller in your own systems. |
5. AREA
| 5.1 | Fixed Area. Your Area boundaries are fixed for your subscription. We will not amend your Area. |
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| 5.2 | Reallocation following suspension. If we suspend the Services under clause 15, we may (acting reasonably) cancel your subscription and offer the Area to another company. |
| 5.3 | Area exclusivity. While your subscription remains active, in good standing and not suspended for breach or non-payment, we will not knowingly provide an equivalent Get Work subscription for the same Trade within the same Area to another business. Exclusivity applies only to the Trade and Area specified in your Order and does not prevent us from providing services for other Trades, other Areas or services that do not form part of the exclusive subscription model. |
6. CUSTOMER OBLIGATIONS
| 6.1 |
Customer obligations. You will: 6.1.1 provide accurate, complete and up-to-date Customer Materials; 6.1.2 ensure you have all rights and permissions necessary for Customer Materials (including intellectual property rights and any consent/permissions for photos and testimonials); 6.1.3 respond to Leads promptly and professionally; 6.1.3A You acknowledge that successful conversion of Leads depends upon your own responsiveness, availability, pricing, capacity, customer service and sales process. We shall not be responsible where Leads are missed, unanswered, responded to late, declined, rejected, or otherwise fail to convert into business due to factors within your control. 6.1.4 comply with all applicable laws and platform rules relevant to your business and use of Leads (including consumer protection laws, advertising standards, and Data Protection Legislation); 6.1.5 maintain secure passwords and access controls for Authorised Users; 6.1.6 not use the Services to send unlawful, misleading, or prohibited content; 6.1.7 ensure you have and maintain suitable devices, connectivity and accounts to access the Platform and receive Leads (including calls/SMS/email), Call Recording Data and Lead Data, and pay any third-party charges incurred by you for those services; 6.1.7A You are responsible for ensuring that the telephone number(s) to which Leads are routed remain operational, capable of receiving calls and messages, and are correctly configured at all times. We shall not be responsible for missed Leads arising from unavailable, disconnected, incorrectly configured or unanswered telephone numbers or communication systems under your control. 6.1.8 promptly notify us of any loss or compromise of credentials or unauthorised access; 6.1.9 not click on your Google Ad (this wastes your advertising budget); 6.1.10 not continue to search for your Google Ad (this may affect metadata); 6.1.11 not run a Google Ad in the same Area for the same Trade; and 6.1.12 ensure that all communications with us and end-customers remain professional and free from abusive, threatening, discriminatory or derogatory language, including racial slurs or hate speech, which shall constitute a material breach of these Terms. We reserve the right to suspend Services or terminate these Terms immediately, without liability, in the event of such breach. |
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| 6.2 | Provision of Business Information and Assets. You agree to provide necessary marketing assets, including but not limited to: business logos, reviews, accreditations, detailed selling points/services, opening hours, discounts, guarantees, and images of completed work. Failure or delay to provide these materials in a timely manner may negatively impact advertising performance. We shall not be held liable for reduced performance, lower conversion rates, or campaign inefficiencies resulting from the absence or delay of these materials. |
| 6.3 | Performance factors. You acknowledge that campaign performance depends materially on factors outside our control, including responsiveness of your business, pricing, capacity, reviews/reputation, seasonality, competition, and third-party platform dynamics. |
| 6.3A | Campaign continuity and optimisation. You acknowledge that advertising Campaigns require time and continuous operation to gather performance data and optimise. New Campaigns, significant changes to Campaigns, pauses, Holding Subscriptions, payment-related suspensions and other interruptions may adversely affect Campaign performance and may require a further optimisation period when advertising resumes. We shall not be liable for any reduction in performance arising from such interruptions. |
| 6.4 | Fair Usage. Support, change requests and optimisation activities are provided on a Fair Usage basis. We may prioritise, defer or decline requests that are outside scope, unlawful, technically inappropriate, repetitive, excessive in volume or frequency, or that would require disproportionate time or resource relative to your plan. Where a request falls outside Fair Usage or outside plan scope, we may quote Additional Fees or propose a plan upgrade, but we will notify you of the charge or upgrade requirement in advance and obtain your approval before carrying out the chargeable work. We will not suspend or terminate the Services solely because a request falls outside Fair Usage unless, after notice, your conduct amounts to misuse of the Services or another material breach of these Terms. |
| 6.5 |
Customer instructions (Lead Data). By using the Services, you instruct us to process Lead Data (including Call Recording Data) solely to: 6.5.1 route end-customer communications (calls, messages, contact forms) to you and display them in my.getwork.co.uk; 6.5.2 record calls that are routed via tracking numbers (and associated metadata) and make recordings available to your Authorised Users; 6.5.3 provide and maintain call tracking functionality, including troubleshooting, quality assurance, spam/fraud filtering, and service integrity monitoring; 6.5.4 permit access by Get Work staff, on a need-to-know basis and subject to role-based access controls, for quality monitoring, training, dispute handling, and service improvement (including diagnosing lead quality issues and improving routing/recording reliability); and 6.5.5 generate aggregated and anonymised statistics to improve the Services (no re-identification). |
| 6.6 |
Tracking, cookies and consent on customer-controlled properties. Where we deploy or manage tracking or measurement technologies (including call tracking scripts, analytics tags or advertising tags) on any customer-branded property, whether hosted by us or used in connection with your Campaigns: 6.6.1 each party will comply with applicable law in relation to its own role and the processing it carries out; 6.6.2 you will not remove, disable, suppress or interfere with any consent management implementation, consent signal or compliance notice we reasonably require for the Services; 6.6.3 you are responsible for the accuracy of your business-specific disclosures, instructions and any business-specific legal requirements applicable to your services or sector, and for notifying us promptly of any changes affecting deployment; 6.6.4 we are responsible for implementing the tags, scripts and consent controls that we agree to deploy as part of the Services in accordance with your instructions, applicable law as it applies to our role, and the agreed technical implementation; and 6.6.5 we do not provide legal advice and you remain responsible for obtaining your own legal advice on your overall compliance obligations. |
| 6.7 | Do not remove compliance notices. You must not remove, disable, suppress or materially alter any compliance notices provided by us as part of the Services, including (without limitation): 6.7.1 cookie consent banners or consent management tools; and 6.7.2 call recording announcements (e.g., IVR messages). You acknowledge these notices are required for the lawful operation of tracking and call recording features. |
| 6.8 | Enhanced Conversions and customer data sharing. Where enabled as part of Campaign delivery, you instruct and authorise us to implement Google Ads Enhanced Conversions in connection with your Campaigns. This may involve capturing and sending to Google hashed first-party customer data captured from your landing pages or lead forms (such as email address, phone number, name and/or address) using SHA-256 or any equivalent method supported by Google, for the purposes of conversion measurement and related campaign optimisation. Each party will comply with applicable law in relation to its own role. You are responsible for ensuring that your privacy information accurately describes the relevant collection and sharing and for obtaining any consents required by applicable law for your business model and implementation. We are responsible for implementing the technical configuration in accordance with your instructions, applicable Google requirements and the consent signals made available to us through the agreed implementation. We do not provide legal advice. |
| 6.9 |
Prohibited Data. 6.9.1 Unless we have expressly requested or agreed otherwise, and only to the extent legally permitted, you must not upload to the Platform or otherwise provide directly to Get Work: (a) full payment card numbers (PAN), CVV/CVC, magnetic stripe data or bank account credentials; (b) medical or health data; (c) government-issued identification documents, such as passport or driving licence scans; or (d) other special category or criminal offence data as defined in Data Protection Legislation. This restriction does not prevent you from providing information directly through an identity-verification process expressly authorised by us under clause 14.5, including through Veriff or another approved identity-verification provider. 6.9.2 You are responsible for the content you upload or input, and you warrant that you have all necessary rights, notices and lawful bases to provide it to us and to process it through the Services. 6.9.3 If you become aware that Prohibited Data has been uploaded, you must notify us promptly so we can take reasonable steps to remove it (where feasible) and mitigate risk. |
7. LANDING PAGES, POST-LAUNCH CHANGES AND APPROVALS
| 7.1 | Landing page provision. We will provide and host a landing page for you as part of the Services (as described in Schedule 1), using Customer Materials and information supplied by you. |
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| 7.2 | Approvals and deemed approval. You are responsible for checking that your landing page content and business details are accurate and compliant. We will provide you with an opportunity to review the landing page before launch. By approving the landing page (including by confirming “This landing page is a true representation of my business”) or instructing us to approve it on your behalf, you confirm that the page content, business details, pricing, claims, offers, contact information and any Customer Materials are accurate, up to date, lawful and not misleading, and that you have all necessary rights and permissions to use them. You remain responsible for keeping this information accurate and up to date after launch. If we make the landing page available to you for review and you do not notify us in writing of any factual inaccuracies or compliance issues within 5 Working Days after we send the review link or otherwise make the page available, we may treat the landing page as approved for launch, provided that we have sent at least one reminder using the contact details on your account. Deemed approval applies only to the version of the landing page made available for review and does not apply to later unauthorised changes by us or to latent technical defects not reasonably apparent on review. After approval or launch, changes you request may be chargeable as Additional Fees under clause 7.3 and/or subject to Fair Usage. |
| 7.3 | Chargeable changes. After launch, change requests are handled on a Fair Usage basis. We may charge Additional Fees for change requests that are outside your plan scope, requested after approval or launch, substantial in nature, or require additional design, development, copywriting, rebranding, domain, rebuild or other material work. Before carrying out any chargeable change, we will notify you of the applicable fee (or charging basis) and obtain your approval. Approved Additional Fees are payable in advance. For the avoidance of doubt, minor corrections to errors introduced by us will be made without charge. |
| 7.4 | Publication of your business details. As part of the Services, the landing page we create and host for you (and any associated advertising) will display your business or trading name, business address, contact telephone number and email address. You acknowledge that this is necessary both to deliver the Services and to support your own legal obligations as a trader (including under consumer protection and business names requirements). You confirm that you are authorised to provide these details, that they are accurate and not misleading, and that you will notify us promptly of any change. Where you trade as a sole trader or partnership, you may ask us to display a business address rather than a home address. We process these details in accordance with our Privacy Notice, and this clause forms part of your instructions and authorisation to us under clauses 6.5 and 10.4. |
8. FEES, BILLING AND PAYMENT
| 8.1 | Subscription Fees. You will pay the Subscription Fees in advance (monthly/quarterly/annually as selected in the Order). Some Areas may be suited to a smaller Advertising Budget. We offer this at our discretion on a case-by-case basis and it is not publicly available. |
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| 8.2 | Additional Fees. You will pay any: 8.2.1 chargeable landing page changes; 8.2.2 additional work outside plan scope; and 8.2.3 any other fees we agree in writing. |
| 8.3 | VAT. All Fees are exclusive of VAT, which will be added where applicable. |
| 8.4 | Payment method. Fees are payable via the payment method you provide, including via Stripe or any replacement payment provider we notify to you. You authorise us to charge your payment method for recurring Fees and any agreed Additional Fees. We do not accept full payment card details by telephone. Where card details are required, we will provide a secure payment link or payment flow through our payment provider. You must not provide full payment card numbers or card security codes to us by telephone, email, SMS, live chat or through the Platform. |
| 8.5 | Renewal. Subscriptions renew automatically for successive periods equal to the Subscription Term unless cancelled in accordance with clause 16.2. |
| 8.6 | Monthly cancellation timing. For monthly plans, you must cancel at least 2 Working Days before the next renewal date and time using one of the cancellation methods we make available; telephone; SMS; or webchat. If you cancel after that time, the next renewal payment may still be taken and the cancellation will take effect for the following renewal. Fees already paid are non-refundable. |
| 8.7 | Quarterly/annual cancellation timing. For quarterly/annual plans, you may cancel at any time, but cancellation takes effect at the end of the then-current Subscription Term (unless we agree otherwise in writing). Fees already paid are non-refundable (see clause 9.4). |
| 8.8 | Cancellation confirmation. We will provide verbal or written (telephone, SMS, webchat or email) confirmation of cancellation as soon as reasonably practicable. A cancellation request submitted using an approved cancellation method will be effective when received by us, provided that it clearly identifies your account and is submitted before the applicable deadline. A delay in issuing confirmation will not invalidate a cancellation request that was validly submitted in time. |
| 8.9 | Late payment and suspension. If payment fails or remains overdue, we may suspend the Services (including pausing Campaigns, disabling call tracking, landing pages, Platform access and any other Services) until all overdue sums are paid. For the avoidance of doubt, this clause relates only to suspension arising from non-payment and does not apply to a Holding Subscription under clause 8.12B. |
| 8.10 | Interest and recovery costs. Without limiting any other rights, we may charge interest and recovery costs on late payments to the maximum extent permitted under the late payment regime for commercial debts. |
| 8.11 | Payment timing. Time for payment is of the essence. If your payment method fails, we may re-attempt collection. If Fees remain unpaid for 15 days after the due date, we will (without prejudice to other rights) suspend Services under clause 15 and/or terminate these Terms under clause 16.4. Three separate Subscription Fees becoming overdue within any rolling 12-month period may result in the subscription being cancelled. Multiple failed attempts to collect the same Subscription Fee will count as one missed payment for the purposes of this clause. |
| 8.12 | Fee changes. We may change Fees on renewal by giving you 30 days prior notice (for example: by email and/or by updating the Fees in your account). If you do not accept the change, you may cancel to take effect at the end of your current term. |
| 8.12A |
Subscription Plan Changes 8.12A.1 We may, at our sole discretion, agree to upgrade or downgrade your Subscription Plan during the Subscription Term. 8.12A.2 Any change to your Subscription Plan, Subscription Fee, Advertising Budget or included Services will take effect on the date agreed between the parties and confirmed by us. 8.12A.3 Downgrades are subject to plan availability, Trade and Area requirements, minimum subscription levels and any other eligibility criteria determined by us. 8.12A.4 Any legacy pricing, discounted pricing, bespoke commercial arrangement or discretionary concession applies only to the Customer, Trade, Area and period for which it was agreed and does not create any entitlement to retain that arrangement or receive the same arrangement in the future. |
| 8.12B |
Holding Subscription Where we agree (whether verbally, electronically or otherwise), we may, at our sole discretion, place your subscription onto a Holding Subscription. A Holding Subscription is not a standard feature of the Services, creates no entitlement for any Customer, and may only be offered in limited circumstances determined by us. 8.12B.1 We may offer a Holding Subscription where we reasonably consider it appropriate, including (without limitation):
We reserve the right to request reasonable evidence in support of a request for a Holding Subscription where we reasonably consider this appropriate. Any personal data provided for this purpose will be processed in accordance with our Privacy Notice. |
| 8.13 | Payment disputes. If you dispute an invoice or payment in good faith, you must notify us in writing (including by email to [email protected]) as soon as reasonably practicable and, in any event, within 7 days of the relevant invoice or charge, with reasonable supporting detail. Failure to notify us within that period does not prevent you from raising a genuine dispute later, but delay may affect our ability to investigate and resolve it promptly. You must pay any undisputed amounts when due. Before initiating a chargeback or other bank dispute, you agree to use reasonable endeavours to contact us first and give us a reasonable opportunity to investigate and respond. We may suspend the Services while a chargeback or payment dispute is unresolved. Raising a bank dispute/chargeback without contacting us first to try to resolve the matter may result in a ban from the service but we will not ban your account solely because you raised a genuine dispute in good faith. |
| 8.14 | No set-off. All Fees are payable in full without set-off, counterclaim or deduction, except to the extent required by law. |
9. ADVERTISING BUDGET
| 9.1 | Advertising Budget. Some plans may include an Advertising Budget. The Advertising Budget is used to fund media spend and related campaign delivery as part of the Services. |
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| 9.2 | No guarantee and no trust. Advertising involves auction-based bidding and variable costs; we do not guarantee how exposure or leads can be purchased for any Advertising Budget, nor any particular results. |
| 9.3 | Rollover. Where your plan permits rollover, any unused Advertising Budget will be carried forward, subject to a maximum accumulated rollover cap equal to three (3) times your standard monthly Advertising Budget allocation. Once this cap is reached, any further unused Advertising Budget will not roll over and will expire automatically. Rollover applies only while your subscription remains active and in good standing. For these purposes, your account will not be treated as in good standing where there are unresolved payment disputes. During any such period, rollover will not apply and any unused Advertising Budget may expire in accordance with this clause. Any unused Advertising Budget (including any rolled-over amount) will expire immediately upon cancellation or termination of the Services for any reason. |
| 9.4 | No refunds. Fees (including any Advertising Budget allocation) are non-refundable except where required by law or expressly agreed by us in writing. |
10. INTELLECTUAL PROPERTY AND OWNERSHIP
| 10.1 | Our IP. We own and retain all intellectual property rights in: 10.1.1 the Platform; 10.1.2 our templates, systems, processes, methodologies, campaign structures, tracking implementation, and know-how; 10.1.3 landing pages we build/host (including domain/sub-domain structures); and 10.1.4 call tracking numbers and configurations. |
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| 10.2 | Advertising accounts and campaigns. Any advertising accounts (including Google Ads accounts) used to deliver Campaigns are owned and administered by us (or our group/nominees). You do not acquire ownership of those accounts, and we do not guarantee that such accounts, campaign histories, or related platform access can be transferred to you on termination or expiry. |
| 10.3 | Google Ads accounts; ownership; no transfer. 10.3.1 Separate account structure. Where we provide Campaign management, we will operate a Google Ads account structure for you (typically a dedicated account or dedicated sub-account within our manager account) for the purpose of delivering the Campaigns. 10.3.2 Get Work management and access. You acknowledge that you are not creating or owning your own standalone Google Ads account through us. We operate and administer the relevant account(s) as part of delivering the Services (including billing administration and policy/compliance management). 10.3.3 Customer ID and transparency. On request, we will provide you with the Google Ads Customer ID for the relevant account(s) and reasonable performance and spend reporting, to support transparency. 10.3.4 No transfer on exit. On termination or expiry, you acknowledge that the Google Ads account(s), campaign history, optimisation data, account features and related configurations may not be transferable to you, and we are not obliged to transfer ownership, administrative control, or billing control to you. 10.3.5 Third-party partner status. You acknowledge that we may be considered a third-party partner for Google Ads policy purposes, and you agree to cooperate with reasonable steps we require to comply with applicable Google policies. |
| 10.4 | Your IP. You own and retain all intellectual property rights in your Customer Materials. You grant us a non-exclusive, worldwide, royalty-free licence during the Subscription Term to use Customer Materials to provide the Services (including hosting on landing pages and using in Campaigns). |
| 10.4A |
Case Studies, Testimonials and Marketing Materials 10.4A.1 From time to time, we may invite you to participate in a case study, testimonial, customer story or other marketing activity relating to your use of the Services. Participation is entirely optional and your decision whether or not to participate will not affect the provision of the Services. 10.4A.2 Where you agree to participate, you authorise us to use the business-related materials and information specifically agreed with you for that case study or marketing activity, which may include your business or trading name, logo, Customer Materials, photographs, video, testimonials, quotations, campaign information, advertising metrics, lead-generation results, screenshots and other agreed information relating to your use of the Services (together, “Case Study Materials”). 10.4A.3 Subject to clauses 10.4A.4 and 10.4A.5, you grant us a non-exclusive, worldwide, royalty-free licence to reproduce, edit, adapt, publish, display and distribute the agreed Case Study Materials for the purpose of promoting Get Work and the Services, including on our websites, social media accounts, sales materials, presentations, digital advertising, email marketing, printed marketing materials and other promotional channels agreed with you. 10.4A.4 Where any Case Study Materials contain personal data relating to an identifiable individual, including a sole trader, employee, representative or other person, we will process that personal data in accordance with Data Protection Legislation and our Privacy Notice. Where we rely on consent as the lawful basis for the publication or promotional use of that personal data, we will obtain that consent separately from these Terms and the individual may withdraw that consent at any time in accordance with the consent notice provided to them. 10.4A.5 Where Case Study Materials include special category personal data (for example, information concerning health, racial or ethnic origin, religious or philosophical beliefs, trade union membership, genetic or biometric data used for identification, sex life or sexual orientation), we will not use that information for a case study or promotional purpose unless we have identified an appropriate lawful basis and condition under Data Protection Legislation. Where we rely on explicit consent, that explicit consent will be obtained separately and will specifically identify the special category data to be used. 10.4A.6 You confirm that, to the extent you provide us with any logo, photograph, video, written material, testimonial or other content owned by you or your business for use in a case study, you have the right to provide that material and to grant us the licence set out in this clause. This does not remove our responsibility to obtain an appropriate lawful basis for the use of personal data relating to any identifiable individual. 10.4A.7 We may make reasonable editorial changes to Case Study Materials for formatting, length, spelling, grammar, branding or presentation, provided that we will not knowingly edit the material in a way that materially misrepresents your business, your comments or the relevant campaign results. 10.4A.8 Where we have agreed to provide you with a final case study for approval before first publication, we will not materially depart from the approved version without obtaining further approval where the change would materially alter the substance of your comments, results or presentation. 10.4A.9 The permissions in this clause apply only to the Case Study Materials and uses agreed with you. Any use of identifiable personal data remains subject to Data Protection Legislation and, where applicable, the terms of the relevant individual consent. |
| 10.4B |
Campaign Performance Data and Case Study Metrics 10.4B.1 Where you agree to participate in a case study, we may use campaign and account performance information relating to your subscription for the agreed case study, including impressions, clicks, advertising spend, enquiries or Leads generated, cost per click, cost per Lead, conversion information, campaign duration, plan information and other agreed performance metrics. 10.4B.2 We will take reasonable steps to ensure that published performance information is accurate in all material respects as at the relevant reporting period and is presented with sufficient context so that it is not materially misleading. Unless expressly stated otherwise, case-study results relate to the particular Customer, Trade, Area and time period concerned and do not constitute a guarantee of future performance. 10.4B.3 Nothing in this clause permits us to publish Lead Data, Call Recording Data or other information identifying an end-customer without a separate lawful basis and any permission required by Data Protection Legislation. |
| 10.4C |
Aggregated and Anonymised Performance Information 10.4C.1 We may create and use aggregated and anonymised statistics derived from campaign, account and service data for benchmarking, analytics, service improvement, research and marketing purposes, provided that the information does not identify you, your business where that would identify an individual, any Lead or any other identifiable person. 10.4C.2 Where information has been effectively anonymised so that no individual is identifiable, it will not constitute personal data for the purposes of Data Protection Legislation. We will not attempt to re-identify individuals from information that we have treated as anonymised for these purposes. |
| 10.5 | Feedback. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free right to use and incorporate them into our products and services without obligation. |
| 10.6 | No portability. Unless we agree otherwise in writing, landing pages, domains/sub-domains, and call tracking numbers are not portable on termination/expiry. |
11. PLATFORM LICENCE AND ACCEPTABLE USE
| 11.1 | Licence. We grant you a limited, non-exclusive, non-transferable right for Authorised Users to access and use the Platform during the Subscription Term for your internal business purposes. |
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| 11.2 | Restrictions. You must not (and must not allow any third party to): 11.2.1 reverse engineer, decompile, or attempt to discover source code (except to the extent permitted by law and only after giving us notice and a chance to provide necessary information); 11.2.2 provide Platform access to third parties (other than Authorised Users); 11.2.3 introduce malware, attempt unauthorised access, or disrupt systems; or 11.2.4 use the Platform to store or transmit unlawful content. |
| 11.3 | Monitoring. We may monitor Platform usage for security, abuse prevention, and service improvement (in accordance with our privacy notices and Data Protection Legislation). |
12. WARRANTIES AND DISCLAIMERS
| 12.1 | Service standard. We warrant that we will provide the Services with reasonable care and skill. |
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| 12.2 | Marketing outcomes disclaimer. You acknowledge and agree that: 12.2.1 advertising platforms do not guarantee placement; 12.2.2 lead volumes vary by trade, location, competition, seasonality, and your responsiveness; 12.2.3 past performance is not indicative of future results; and 12.2.4 we do not guarantee any minimum Leads, sales, or return on investment (ROI). |
| 12.3 | Service changes and maintenance. The Platform is provided on an “as is” and “as available” basis. We may make changes, updates and improvements over time (including for security, legal compliance, performance and feature development). We may suspend access temporarily for maintenance or urgent technical work. Suspension for maintenance does not affect your obligation to pay Fees. |
| 12.4 | Disclaimer. Except as expressly stated, we exclude all warranties, representations and conditions to the maximum extent permitted by law. |
| 12.5 | Data availability and backups. You are responsible for maintaining appropriate records of Leads and your customer relationships. We may implement backup and retention practices as part of service operations, but (subject to Data Protection Legislation and Schedule 2) we do not warrant that any Call Recording Data or Lead Data will be retained indefinitely. If data is lost due to our systems, our sole obligation will be to use reasonable endeavours to restore available data from our then-current backups. |
13. CONFIDENTIALITY AND COMMUNICATIONS
| 13.1 | Confidentiality. Each party may receive confidential information from the other (“Confidential Information”). Each party will: 13.1.1 keep the other’s Confidential Information confidential; 13.1.2 use it only to perform or receive the Services; and 13.1.3 disclose it only to those personnel and professional advisers who need to know and are bound by confidentiality obligations. |
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| 13.2 | Exclusions. Confidential Information does not include information that: 13.2.1 is public other than through breach; 13.2.2 was lawfully known to the receiving party before disclosure; 13.2.3 is independently developed; or 13.2.4 is lawfully disclosed by a third party without restriction. |
| 13.3 | Required disclosures. A party may disclose Confidential Information to the extent required by law, court order, or a competent regulator. |
| 13.4 | Permitted disclosures. We may disclose Confidential Information (including account and payment information) to our professional advisers, insurers, payment providers and debt recovery partners to the extent reasonably necessary to administer these Terms, collect overdue sums, prevent fraud, and establish, exercise or defend legal claims. |
| 13.5 | Account communications. We may provide invoices and service communications electronically (including via email and/or through your account/dashboard). |
| 13.6 | Account and marketing communications. We may contact you about the Services and your account (including by email, SMS or telephone). Where we send marketing communications, we will do so in accordance with applicable Data Protection Legislation and your marketing preferences, and you may opt out of marketing at any time. |
| 13.7 | Access controls and minimisation. We will apply technical and organisational measures to restrict access to Lead Data to those personnel who require access to provide, maintain, support and improve the Services, including for quality monitoring, training and dispute handling, and will maintain audit logs of administrative access where feasible. |
14. DATA PROTECTION
| 14.1 | Compliance. The parties will comply with Data Protection Legislation. |
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| 14.2 | Processor terms. To the extent we process personal data on your behalf as a processor, the Data Processing Agreement in Schedule 2 applies and forms part of these Terms. |
| 14.3 | Call tracking and recording – responsibilities. The Services involve call tracking and may include recording inbound calls routed to your business. Each party will comply with applicable Data Protection Legislation in relation to its own role. You are responsible for determining and documenting the lawful basis on which your business receives, follows up and otherwise uses Leads, and for maintaining your own privacy information for your business. We are responsible for implementing the call tracking and call recording functionality and any standard call recording announcement or compliance notice that forms part of the Services. Where we process Lead Data as your processor, we will provide reasonable assistance with data subject requests, complaints and investigations to the extent required by applicable law and Schedule 2, but you remain responsible for responding to such requests unless applicable law requires otherwise. |
| 14.4 | Recording retention and logs. We retain the following data for the periods below unless a shorter period is appropriate having regard to the purposes of processing. 14.4.1 Retention defaults. Unless otherwise required by law, dispute handling, fraud prevention or security investigations, we retain: 14.4.1.1 customer call tracking recordings (Lead Data) for 3 years from capture plus 3 years archive; 14.4.1.2 calls to Get Work for 12 months from capture plus 5 years in archive; and 14.4.1.3 platform security and audit logs for the Subscription Term plus 24 months. Following expiry of the applicable period, the relevant data is scheduled for deletion or irreversible anonymisation in accordance with our retention policy, subject to backup lifecycle. 14.4.2 Extension for disputes / fraud. We may retain relevant recordings and logs for a longer period where reasonably necessary for: 14.4.2.1 dispute resolution; 14.4.2.2 fraud prevention/investigation; 14.4.2.3 security incident investigation; 14.4.2.4 legal claims; or 14.4.2.5 compliance with legal obligations. Such extended retention will be limited to the relevant subset of data and reviewed periodically. 14.4.3 Minimal account history. We retain a minimal record of your account history and contractual and billing records for up to six (6) years after termination/expiry, for contract management, legal claims and compliance recordkeeping. |
| 14.5 | Identity verification and biometrics (Veriff). 14.5.1 Identity verification. We may use Veriff (or another provider as amended from time to time) to verify the identity of certain users during onboarding and fraud prevention. Veriff’s identity verification involves the collection of identity documents and session media (e.g., photo/video) and the extraction/creation of facial features for verification, including biometric processing (e.g., face scan/face geometry) as part of identity verification. 14.5.2 Receipt and storage of outputs. We may receive identity verification outputs from Veriff (e.g., verification status/decision and, depending on configuration, copies of ID documents and the photo submitted). 14.5.3 Automated verification outcome and safeguards. You acknowledge that where Veriff returns a “declined” identity verification outcome, the affected user may be prevented from completing onboarding automatically. We will provide safeguards consistent with UK law as amended by the DUAA, including providing information about the decision and offering a route to request human review (where available). |
15. SUSPENSION
| 15.1 | Suspension rights. We may suspend all or part of the Services immediately if: 15.1.1 you fail to pay Fees when due; 15.1.2 you breach clause 11 or misuse the Platform; 15.1.3 we reasonably believe suspension is necessary to protect security, comply with law, or prevent harm; or 15.1.4 an advertising/telecoms provider suspends or restricts relevant services. |
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| 15.2 | Payment obligation continues. Suspension does not affect your obligation to pay Fees. |
16. TERM, TERMINATION (CANCELLATION) AND CONSEQUENCES
| 16.1 | Term. These Terms start on acceptance and continue for the Subscription Term, renewing automatically unless cancelled. |
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| 16.2 | Termination for convenience (by you). You may cancel in accordance with clause 8.6 (monthly) or 8.7 (quarterly/annual). |
| 16.3 | Termination for convenience (by us). We may terminate these Terms (or any part of the Services) for convenience. |
| 16.4 | Termination for cause. Either party may terminate these Terms immediately by written notice if the other party: 16.4.1 commits a material breach that is not remedied within 14 days of notice (if remediable); or 16.4.2 becomes insolvent or ceases business. |
| 16.5 |
Effects of termination/expiry. On termination or expiry: 16.5.1 we will permanently cease the applicable Services, including stopping Campaigns, disable the landing page, and withdraw call tracking numbers; 16.5.2 your Platform access will cease (except any limited access which we may permit for export/administration for a maximum of 15 days); 16.5.3 any unspent Advertising Budget (including rolled-over amounts) will expire and is non-refundable; 16.5.4 each party must stop using the other’s Confidential Information (subject to retention required by law); 16.5.5 clauses intended to survive termination will continue (including clauses 10, 13, 14, 17 and 18); 16.5.6 no refunds will be granted; 16.5.7 termination (however caused) will result in cancellation of your subscription and reallocation of your Area and Trade; and 16.5.8 we reserve the right to terminate your account and permanently prohibit you from using the Services where we reasonably consider it necessary (including due to fraud, abuse, repeated non-payment or late-payment, conduct, unsuitability for the service, or unlawful conduct). |
| 16.6 | Re-onboarding ban. Following cancellation or termination of your subscription for any reason (whether by you or by us), you may not re-register for, re-subscribe to, or be onboarded onto the Services (whether for the same or a different Area or Trade, and whether in your own name or through any associated person or entity) for a period of six (6) months from the date cancellation or termination takes effect. We may refuse, suspend or cancel any Order or sign-up made during that period and may retain or re-allocate the relevant Area and Trade. This clause does not limit our rights under clause 16.5.8 (longer or permanent bans) and does not affect any statutory right you may have. |
17. INDEMNITIES
| 17.1 | Your indemnity. You indemnify us against all losses, damages, costs and expenses (including reasonable legal fees) arising from third-party claims that result from: 17.1.1 Customer Materials infringing third-party rights; 17.1.2 your breach of Data Protection Legislation or PECR in your handling of Leads; 17.1.3 your business services, fulfilment, workmanship, or communications with Leads; or 17.1.4 your misuse of the Platform. |
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| 17.2 | Conduct of claims. We will: 17.2.1 notify you of any indemnified claim promptly (where lawful); 17.2.2 allow you to control the defence/settlement (subject to acting reasonably); and 17.2.3 provide reasonable cooperation at your cost. |
| 17.3 | Cooperation. If you become aware of any actual or threatened third-party claim relating to the Services or Customer Materials, you must notify us promptly and provide reasonable cooperation. You must not admit liability or settle any such claim in a way that prejudices us without our prior written consent. |
18. LIMITATION OF LIABILITY
| 18.1 | Non-excludable liability. Nothing in these Terms limits or excludes liability for: 18.1.1 death or personal injury caused by negligence; 18.1.2 fraud or fraudulent misrepresentation; or 18.1.3 any other liability which cannot be limited or excluded by law. |
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| 18.2 | Excluded losses. Subject to clause 18.1, we are not liable for: 18.2.1 loss of profits, revenue, business, goodwill, anticipated savings or opportunity; 18.2.2 indirect or consequential loss; 18.2.3 loss arising from your failure to follow up Leads, your capacity constraints, or your customer service/close rates; 18.2.4 ad platform decisions, auction dynamics, policy/algorithm changes, or third-party outages; or 18.2.5 duplicate or low-quality Leads. |
| 18.3 | Liability cap. Subject to clause 18.1, our total aggregate liability arising out of or in connection with these Terms (whether in contract, tort, negligence, misrepresentation, restitution or otherwise) is capped at the Subscription Fees paid by you to us in the three (3) months immediately preceding the event giving rise to the claim. |
| 18.4 | Risk allocation. You acknowledge that the Fees reflect this allocation of risk. |
19. NON-SOLICITATION
| 19.1 | Restriction. During the Subscription Term and for 12 months after termination/expiry, you must not, without our prior written consent, directly solicit for employment or engagement any person who is employed or engaged by us and who was materially involved in providing the Services to you. |
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| 19.2 | General recruitment. This clause does not prevent general recruitment advertising not specifically targeted at our personnel. |
20. FORCE MAJEURE
| 20.1 | Force majeure. Neither party is liable for delay or failure to perform obligations (except payment) due to events beyond its reasonable control, including failures of third-party platforms, telecoms networks, hosting providers, or widespread internet outages. |
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21. VARIATION
| 21.1 | Updates. We may update these Terms from time to time by publishing the updated version online and giving 30 days notice (e.g., by email or in-app). Updated Terms will take effect on the next renewal unless the change is required to comply with law or regulator guidance (in which case it may take effect sooner). |
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| 21.2 | If you do not agree. If you do not agree to an update, you may cancel to take effect at the end of your then-current Subscription Term. |
22. DISPUTE RESOLUTION
| 22.1 | Negotiation. The parties will attempt in good faith to resolve disputes by negotiation between senior representatives. |
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| 22.2 | Mediation. If not resolved within 30 days, either party may propose mediation. If mediation is agreed, it will take place in England (or remotely) under a mediation procedure agreed by the parties. |
| 22.3 | Injunctive relief. Nothing prevents either party from seeking urgent injunctive relief. |
23. NOTICES
| 23.1 | Form and address. Notices must be in writing. 23.1.1 Notices to Get Work must be sent by email to [email protected] (or any updated address we notify in writing). 23.1.2 Notices to you may be sent by email to the notice email address specified in your account or Order (or any updated address you notify to us in writing). |
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| 23.2 | Deemed receipt. Notices are deemed received if sent by email: 23.2.1 at the time of transmission if sent on a Working Day during Working Hours; or 23.2.2 the next Working Day if outside Working Hours (provided no error message is received). |
24. GENERAL
| 24.1 | Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a reorganisation, sale of business/assets, or merger. |
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| 24.2 | Subcontracting. We may subcontract performance of the Services (including to third-party providers such as Twilio for telephony) but remain responsible for delivery of the Services subject to these Terms. |
| 24.3 | Entire agreement. These Terms, the Order and the Schedules form the entire agreement and supersede prior discussions and representations. |
| 24.4 | No partnership or agency. Nothing in these Terms creates a partnership, joint venture or agency relationship between the parties. |
| 24.5 | Electronic execution. These Terms may be executed electronically, including by typed or digital signature, or tick box and such execution will be legally binding. |
| 24.6 | Waiver. A delay or failure to exercise any right or remedy will not operate as a waiver of that right or remedy. Any waiver must be in writing and will apply only to the specific circumstances for which it is given. |
| 24.7 | Severance. If any provision is held unlawful or unenforceable, it will be severed and the remainder will continue in force. |
| 24.8 | No third-party rights. No third party has rights under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms. |
25. GOVERNING LAW AND JURISDICTION
| 25.1 | Governing law. These Terms and any dispute or claim (including non-contractual disputes/claims) are governed by the law of England and Wales. |
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| 25.2 | Jurisdiction. The courts of England and Wales have exclusive jurisdiction, subject to clause 22.3. |
SCHEDULE 1 – SERVICES AND AREA
| A |
Core components of the Services (subject to your plan and the Order)
A.1 Online marketing services may include: A.1.1 campaign setup and ongoing management (including bid management, keyword management, and ad copy initiatives); A.1.2 landing page provisioning and hosting; and A.1.3 conversion tracking and reporting. A.2 Software services (Platform) may include: A.2.1 lead notifications (email/SMS) and lead logging; A.2.2 call tracking/forwarding functionality, including: A.2.2.1 Call tracking fair usage and compliance. Where call tracking is provided, it may include a fair usage minutes allowance per subscription period, with excess minutes chargeable. Tracking numbers must only be used for the campaigns/landing pages we provide and must not be used in offline advertising or other channels without our prior written consent. If you request an “out-of-area” geographic number, you are responsible for ensuring your marketing does not mislead customers about your location and complies with applicable advertising standards and telecoms rules; A.2.3 call recording access; A.2.4 reporting dashboards available on a 24/7 basis (no SLA); and A.2.5 lead management data. The Platform may permit you and your Authorised Users to create, upload, store and manage lead-related content and metadata, including notes, tags, tasks, calendar entries, reminders, templates, call outcomes, message history, and other records associated with a Lead (together forming part of Lead Data where such content relates to an identified or identifiable individual). |
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| B |
Area allocation and operational rules B.1 Areas are pre-defined and non-overlapping. Your Area is displayed at sign-up and can be evidenced via screenshot upon request. B.2 Your subscription applies only while: B.2.1 your subscription is active; B.2.2 you are not in payment arrears; and B.2.3 you are not suspended for breach/misuse. B.2.4 Nothing in this paragraph prevents Get Work from placing a subscription onto a Holding Subscription in accordance with clause 8.12B. B.3 Second Trade / second Area. If you wish to add a second Trade or second Area, we may quote for a separate subscription (subject to availability). |
SCHEDULE 2 – DATA PROCESSING AGREEMENT (UK GDPR ARTICLE 28)
| 1 |
Definitions and interpretation 1.1 In this Schedule 2, capitalised terms have the meanings given in the Terms unless the context requires otherwise. 1.2 “Controller”, “Processor”, “Personal Data”, “Processing” and “Restricted Transfer” have the meanings given in Data Protection Legislation. 1.3 “Customer Personal Data” means Lead Data and any other Personal Data processed by Get Work as Processor on behalf of the Customer under these Terms. |
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| 2 |
Roles and scope 2.1 Controller and Processor. For the purposes of this Schedule: 2.1.1 the Customer is the Controller of Customer Personal Data; and 2.1.2 Get Work is the Processor of Customer Personal Data to the extent Get Work processes it on the Customer’s documented instructions to provide the Services. 2.2 Independent controller activities. Where Get Work processes Personal Data for its own business purposes (for example: billing, account administration, fraud prevention, compliance, and Get Work’s marketing), Get Work acts as an independent Controller under its own privacy notice(s). |
| 3 |
Details of processing 3.1 Subject matter. Provision of the Services, including lead capture, routing, notifications, reporting, and call tracking/recording. 3.2 Duration. The Subscription Term and, to the extent applicable, any retention period under clause 14.4 of the Terms and this Schedule. 3.3 Nature and purpose. Hosting and processing of lead/contact events; enabling the Customer to manage Leads; performance reporting; service integrity monitoring; security and fraud prevention as necessary for delivery of the Services. 3.4 Types of Personal Data. May include: names, phone numbers, email addresses, call metadata, message content, audio recordings, addresses/postcodes, and enquiry details. 3.5 Categories of data subjects. Prospective end-customers who contact the Customer; the Customer’s staff/users; and any other individuals whose data is submitted to the Platform through use. |
| 4 |
Processor obligations 4.1 Documented instructions. Get Work will process Customer Personal Data only on the Customer’s documented instructions, including the instructions set out in clause 6.5 of the Terms, unless required to do otherwise by applicable UK law. Where applicable, those documented instructions include transfers of Customer Personal Data outside the UK. If Get Work is required by law to process Customer Personal Data other than on the Customer’s instructions, Get Work will inform the Customer of that legal requirement before processing, unless the law prohibits such notification on important grounds of public interest. Get Work will inform the Customer without undue delay if, in Get Work’s reasonable opinion, an instruction infringes Data Protection Legislation. 4.2 Confidentiality. Get Work will ensure persons authorised to process Customer Personal Data are subject to confidentiality obligations. 4.3 Security. Taking account of the state of the art, costs of implementation, and the nature, scope, context and purposes of processing (and the risks), Get Work will implement appropriate technical and organisational measures to protect Customer Personal Data. 4.4 Sub-processors. 4.4.1 Authorisation. The Customer provides general authorisation for Get Work to appoint and use sub-processors to process Customer Personal Data on its behalf for the purposes of providing the Services. 4.4.2 List of sub-processors. Get Work will maintain an up-to-date list of its sub-processors at: https://www.getwork.co.uk/sub-processors/ 4.4.3 Changes to sub-processors. Get Work may update its sub-processors from time to time. Where required by Data Protection Legislation, Get Work will provide notice of any material changes and the Customer may object on reasonable data protection grounds. If the parties cannot resolve the objection, the Customer may terminate the affected Services on written notice. 4.4.4 Flow-down. Get Work shall ensure that each sub-processor is subject to written obligations that are materially equivalent to those imposed on Get Work under this Schedule (including confidentiality, security, and restrictions on further sub-processing). 4.5 International transfers. If Customer Personal Data is subject to a Restricted Transfer, the parties will ensure appropriate safeguards are in place (such as the UK IDTA or UK Addendum), consistent with Data Protection Legislation. 4.6 Personal data breaches. Get Work will notify the Customer without undue delay after becoming aware of a personal data breach involving Customer Personal Data and provide information reasonably required for the Customer to meet its notification obligations. 4.7 Deletion/return. On termination/expiry and upon written request, Get Work will delete or return Customer Personal Data (at Get Work’s option), except to the extent Get Work is required to retain it by law or for legitimate purposes such as establishing, exercising or defending legal claims, or to the extent retention is permitted under clause 14.4 of the Terms (recording retention and logs) and backup lifecycle. 4.7 Data subject rights. Taking into account the nature of the processing, Get Work will provide reasonable assistance to the Customer, by appropriate technical and organisational measures insofar as reasonably possible, to enable the Customer to respond to requests from individuals exercising their rights under Data Protection Legislation. If Get Work receives a request directly from an individual relating to Customer Personal Data processed on the Customer’s behalf, Get Work will, where appropriate, refer the request to the Customer and will not respond substantively except on the Customer’s documented instructions or where required by law. 4.8 Assistance with compliance obligations. Taking into account the nature of the processing and the information available to Get Work, Get Work will provide reasonable assistance to the Customer with its obligations under Articles 32 to 36 UK GDPR, including security of processing, personal data breach assessment and notification, data protection impact assessments and, where required, prior consultation with the ICO. 4.9 Deletion or return. On termination or expiry of the relevant Services, and subject to any applicable retention period under clause 14.4 of the Terms, Get Work will, at the Customer’s choice, delete or return Customer Personal Data processed on the Customer’s behalf and delete existing copies, unless applicable law requires or permits continued retention. Where Customer Personal Data is retained for legal claims, fraud prevention, security, regulatory or other lawful purposes, Get Work will retain only the data reasonably necessary for that purpose and will continue to protect it in accordance with these Terms and Data Protection Legislation. |
| 5 | Liability 5.1 Liability under this Schedule is subject to clause 18 (Limitation of liability) of the Terms, to the extent permitted by law. |
Last Updated: 2nd October 2026