Terms of Service

OperatorSafe Terms of Service. Saracen Commercial Contracting Ltd (SCC Ltd), trading as OperatorSafe, company number 05479787, registered office 72 Avocet Close, Rugby, CV23 0WU.

1. Who we are and who these terms are for

1.1 OperatorSafe is provided by Saracen Commercial Contracting Ltd (SCC Ltd), trading as OperatorSafe, a company registered in England and Wales, number 05479787, registered office 72 Avocet Close, Rugby, CV23 0WU ("we", "us").

1.2 These terms are between us and the business that subscribes ("you"). OperatorSafe is for businesses only. By creating an account or using the service you confirm that you are acting for a business and that you can bind it to these terms.

2. The service

2.1 OperatorSafe is an online compliance portal for transport operators. It includes the driver walkround check app, the maintenance planner, vehicle and driver files, tachograph file analysis and reports, and related features (the "service").

2.2 We may improve, change or remove features. If a change removes something you rely on, we will tell you at least 30 days before.

3. The service is an aid, not legal advice

3.1 The service helps you manage compliance. It does not replace your own judgement. You, and your transport manager, remain responsible for complying with your operator licence, driver hours and working time rules, vehicle maintenance and every other legal duty.

3.2 Reports, ratings and alerts are worked out from the files and information you or your drivers add. They are only as complete and accurate as that information, and some files cannot be read fully. Check anything important against the original records before you act on it.

3.3 Some features, such as Sleuth and the driver risk summary, point out patterns that may need investigation. They are leads, not findings or proof of wrongdoing. You must look into them yourself and must not treat them alone as a reason to discipline or dismiss anyone.

3.4 We are not a regulator and do not give legal advice. We cannot promise that using the service will satisfy the Driver and Vehicle Standards Agency, the Traffic Commissioner or any other body.

4. Subscription and payment

4.1 The subscription is monthly and renews automatically each month until it is ended under clause 5.

4.2 The fee is the monthly price shown on your order or on our website when you subscribe. We are not currently registered for VAT, so no VAT is added. If that changes we will tell you in advance. It is payable monthly in advance by Direct Debit or card, whichever you choose when you subscribe. We will send an invoice or receipt for each payment.

4.3 If a payment fails we will tell you. If it is still unpaid 7 days later we may suspend access until it is paid, and after 30 days we may end the subscription.

4.4 We may change the price on 30 days' written notice. The change applies from your next billing date. If you do not accept it, you can cancel before then under clause 5.

4.5 We do not refund part months, except where we end the subscription for a reason other than your breach.

4.6 Yearly option. Instead of paying monthly, you can pay for a year in one payment by card. The fee is ten times the monthly fee and covers twelve months. The subscription renews for a further year unless you cancel before the renewal date, and we will email you a reminder before it renews. If you cancel during the year, the subscription continues to the end of the year you have paid for, and we do not refund the rest, except where we end the subscription for a reason other than your breach.

5. Ending the subscription

5.1 You can cancel at any time by emailing hello@operatorsafe.co.uk. Cancellation takes effect at the end of the month you have already paid for, and you will not be charged again.

5.2 We can end the subscription on 30 days' written notice.

5.3 Either of us can end the subscription immediately by written notice if the other commits a serious breach of these terms and does not put it right within 14 days of being told, or becomes insolvent. We can also end it immediately if you break clause 7 or the law.

5.4 When the subscription ends, your access stops. For 30 days afterwards you can ask us for an export of your data, which we will provide in a common format such as CSV and the original files. After that period we will permanently delete your data, as set out in the Privacy Policy, except where the law requires us to keep it.

6. Accounts and users

6.1 You choose who has an account. You are responsible for everything done through your accounts, for keeping passwords private, and for removing people who should no longer have access.

6.2 Tell us promptly if you think someone has gained access without permission.

6.3 Your drivers, mechanics and other users must use the service only for your business.

7. What you must not do

7.1 You must not: break the law using the service; upload viruses or material you have no right to; try to get into another customer's data; copy, reverse engineer or resell the service; use it to build a competing product; or overload or interfere with it.

7.2 We may suspend an account that breaks this clause, and will tell you why as soon as we reasonably can.

8. Your data

8.1 You own the data you put into the service, including driver, vehicle, tachograph and document records ("your data"). You give us permission to store and process it only to provide the service to you.

8.2 You confirm you have the right to put your data into the service, and that you have told your drivers and staff how their personal data is used (a template notice is provided).

8.3 Where we process personal data for you, our Data Processing Agreement forms part of these terms.

8.4 We do not use your data for our own purposes, and we do not sell it. We may use anonymised, combined statistics that cannot identify you or any person, to improve the service.

9. Our rights in the service

9.1 We own the software, design, text and brand of OperatorSafe. You get a right to use the service for your own business for as long as you subscribe. This is not transferable.

10. Availability and support

10.1 We aim to keep the service available all day, every day, but we cannot promise it will never be interrupted. We will try to do planned maintenance outside working hours.

10.2 We keep regular backups of the service so we can restore it after a failure.

10.3 Support is by email at hello@operatorsafe.co.uk. We aim to reply within one working day.

11. Confidentiality

11.1 Each of us will keep the other's confidential information private and use it only for these terms, unless the law requires disclosure. This does not apply to information that is already public or that was shared with us properly by someone else.

12. Our liability

12.1 Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot legally be limited.

12.2 Subject to 12.1, we are not liable for loss of profit, business, goodwill or contracts, or for any indirect or knock-on loss.

12.3 Subject to 12.1, we are not liable for fines, penalties, enforcement action, or any change to an operator licence or driver entitlement, that results from your compliance. We do not decide how you run your business.

12.4 Subject to 12.1, our total liability to you under or in connection with these terms is limited to an amount equal to one month's subscription fee.

12.5 Except as these terms say, we give no warranties about the service beyond those the law requires.

13. Events outside our control

13.1 Neither of us is liable for delay or failure caused by something outside our reasonable control, such as a power or internet failure, a failure of a hosting or telecoms provider, fire, flood or industrial action. If it lasts more than 30 days, either of us may end the subscription.

14. Changes to these terms

14.1 We may change these terms. We will give at least 30 days' notice by email or in the service. If you do not agree you can cancel under clause 5 before the change starts. If you keep using the service after that date, you accept the new terms.

15. General

15.1 Whole agreement. These terms, the Privacy Policy and the Data Processing Agreement are the whole agreement between us.

15.2 Notices. We will send notices to the email address on your account. You can send notices to hello@operatorsafe.co.uk.

15.3 Transfer. You cannot transfer your rights without our written consent. We may transfer ours to a successor to our business, and will tell you.

15.4 Other people. Nobody other than you and us has any right to enforce these terms.

15.5 If part is invalid. If a part of these terms is found to be unenforceable, the rest stays in force.

15.6 Law. These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.