1. About these terms
These terms apply when a business uses TipTrack. TipTrack is a trading name of Paul Graham, an independent developer trading as a sole trader, of [Your business address] ("we", "us"). You can contact us at hello@tiptrack.co.uk.
"You" means the business that signs up. The person who signs up confirms they are allowed to accept these terms for that business. TipTrack is for businesses only and is not offered to consumers.
2. The service
TipTrack is online software for scrap metal yards. It records purchases, sellers and identity checks, keeps the records needed under the Scrap Metal Dealers Act 2013, and sends receipt of waste records to DEFRA's digital waste tracking service.
We aim to keep TipTrack available at all times but can't promise it will never be interrupted. We will try to carry out planned maintenance outside yard opening hours and give notice where we can. We may improve and change features. We won't remove a main feature during your minimum term without good reason and notice.
3. Free trial
A new yard gets a 30-day free trial with all features. No payment is due for the trial. When the trial ends you can start a subscription. If you don't, new tickets are paused. You can still sign in, view and export your records, and loads already queued for DEFRA are still sent.
4. Subscription, minimum term and fees
- Your subscription starts on the day you choose to subscribe, normally the day after your trial ends.
- The minimum term is 6 months from the start of your subscription.
- The fees are £50 a month for months 1 to 3 and £100 a month from month 4. The £50 introductory price applies only to the first subscription for a yard.
- The fee covers one yard business with one licensed site. Additional sites are priced by agreement.
- We are not VAT registered and no VAT is charged. If we become VAT registered we will tell you at least 30 days before VAT is added.
- We invoice monthly in advance. Invoices are payable by bank transfer within 14 days.
- If an invoice is unpaid 14 days after its due date, we may pause new tickets after giving you 7 days' notice by email. We may charge interest on late payments under the Late Payment of Commercial Debts (Interest) Act 1998.
- After the minimum term, we may change the monthly fee by giving you at least 60 days' notice by email.
5. Cancelling and ending the agreement
- After the minimum term your subscription continues month to month. You can cancel with 30 days' notice by emailing hello@tiptrack.co.uk.
- If you cancel before the end of the minimum term, the fees for the rest of the minimum term are still payable.
- We may end the agreement by giving you 60 days' notice. We will refund any fees paid for the period after it ends, and you won't owe fees for the rest of the minimum term.
- Either of us may end the agreement straight away by email if the other seriously breaks these terms and doesn't put it right within 14 days of being asked, or becomes insolvent.
6. Your responsibilities
- You remain responsible for complying with the law. This includes your scrap metal dealer's licence, checking sellers' identity, not paying cash, keeping records for 3 years, your environmental permit or exemptions, and making accurate and timely digital waste tracking reports. TipTrack helps you do these things but does not do them for you.
- You are responsible for the accuracy of what you and your staff enter, including weights, waste codes, prices and seller details.
- Check the DEFRA screen regularly and correct any record marked "needs attention" before its due date. If a record can't be sent through TipTrack, you must report it to DEFRA another way.
- Keep log-in details secure. Give each person their own log-in and remove access when someone leaves.
- Give sellers the information they need about how you use their personal data, for example a privacy notice at the counter and on your check-in links.
- Don't use TipTrack for anything unlawful, try to access other yards' data, test or attack its security, or overload it.
7. DEFRA submissions
We send records to DEFRA using the API code you connect, on your behalf and on your instructions. We will try to send every completed record promptly and to retry when DEFRA's service is unavailable. We are not responsible for DEFRA's service being unavailable, for changes DEFRA makes to its service, or for records rejected because of the information entered.
8. Your data
- The records you put into TipTrack belong to you. You can export them at any time.
- For personal data in those records, such as sellers' names, addresses, ID documents and vehicle registrations, you are the controller and we are your processor. The data processing terms below apply.
- When the agreement ends we keep your data for 90 days so you can export it, then delete it. Backups are overwritten within a further 35 days. Tell us if you want it deleted sooner. Export what you need first: the law requires you to keep scrap metal records for 3 years.
- Our privacy policy explains how we use personal data about you and your staff.
9. Intellectual property
We own TipTrack and its software. While your subscription or trial is active, you and your staff may use TipTrack for your yard's business. If you send us suggestions, we may use them without owing you anything.
10. Liability
- Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law doesn't allow to be limited.
- We are not liable for loss of profit, revenue, business or goodwill, or for indirect or consequential loss.
- We are not liable for fines, penalties or enforcement action arising from your own legal obligations, except to the extent they are caused by our breach of these terms.
- Otherwise, our total liability in any 12-month period is limited to the fees you paid us in the 12 months before the event that gave rise to the claim.
11. Suspension
We may suspend access straight away if we reasonably need to protect TipTrack's security or other customers, or if required by law. We will tell you why and restore access as soon as we can. Suspension for late payment is covered in section 4.
12. Changes to these terms
We may update these terms. We will email you at least 30 days before a change that affects you takes effect. If a change is to your significant disadvantage, you may cancel before it takes effect without paying for the rest of the minimum term.
13. General
These terms are the whole agreement between us about TipTrack. Neither of us may transfer the agreement without the other's consent, except that we may transfer it to a business that takes over TipTrack, after telling you. No one else has rights under these terms. If a court finds part of these terms can't be enforced, the rest still applies. These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
Schedule: Data processing terms
These terms apply to personal data we process for you under UK GDPR and the Data Protection Act 2018.
| Subject matter | Running TipTrack for your yard |
|---|---|
| Duration | The agreement, plus the deletion period in section 8 |
| Purpose | Recording purchases, identity checks and waste receipts; producing receipts, registers and DEFRA submissions |
| People | Sellers, their representatives and drivers; waste carriers and brokers; your staff |
| Personal data | Names, addresses, contact details, identity documents and their images, vehicle registrations, carrier registrations, payment references, transaction records, staff log-in details |
We will:
- process the data only on your documented instructions, which are these terms and how you use TipTrack, unless the law requires otherwise;
- make sure anyone who processes it is bound by confidentiality;
- keep it secure, including encryption in transit and at rest, separation between yards, access controls and audit logs;
- use only the sub-processors listed in our privacy policy, and give you at least 30 days' notice of a new one so you can object;
- help you respond to requests from people exercising their data protection rights, and with security, breach notification and impact assessments;
- tell you without undue delay, and within 48 hours, after becoming aware of a personal data breach affecting your data;
- delete or return the data when the agreement ends, as set out in section 8;
- give you the information you reasonably need to show these obligations are met.
Where a sub-processor handles data outside the UK, the transfer is protected by UK adequacy regulations or the UK International Data Transfer Addendum.