Terms of service.
Last updated 8 November 2026
Version 1.3
PLEASE READ THESE TERMS CAREFULLY
By creating an account, or by continuing past the sign-up screen, you agree to these terms. We record the version you agreed to.
THESE TERMS OF SERVICE DO NOT GOVERN ANY SERVICES OR GOODS PROVIDED BY TRADERS TO CUSTOMERS, WHICH WILL BE GOVERNED BY THE TRADER’S USUAL TERMS OF BUSINESS. YOU ARE STRONGLY ADVISED TO CHECK THOSE TERMS OF BUSINESS BEFORE PROCEEDING WITH ANY WORK OR SERVICES.
CALLOUT DOES NOT CARRY OUT THE WORK AND DOES NOT GUARANTEE THE QUALITY, TIMELINESS OR SAFETY OF ANY WORK CARRIED OUT FOLLOWING A CALLOUT INTRODUCTION. WE DO HOLD THE CUSTOMER'S PAYMENT UNTIL THE WORK IS SIGNED OFF, AND WE DECIDE WHERE HELD MONEY GOES IF A DISPUTE IS RAISED. SECTIONS 10 TO 14 SET OUT HOW THAT WORKS.
SECTION 25 SETS OUT WHAT YOU MAY NOT POST ON CALLOUT. WE OPERATE A ZERO-TOLERANCE POLICY TOWARDS ABUSE, THREATS, HATE SPEECH AND SEXUAL CONTENT. WE REVIEW EVERY REPORT WITHIN 24 HOURS AND PERMANENTLY BAN ACCOUNTS THAT BREACH IT.
Contents
- Who we are and what this agreement does
- Your privacy
- Other terms that may apply to you
- Operating system requirements
- Support for the App and how to tell us about problems
- What Callout does, and what it does not do
- Your account
- Trader verification and what our badges mean
- Posting a job, offers, and the agreement for the work
- Payments and our fees
- Held funds, sign-off and release
- Changes to the price after a job is accepted
- Cancelling, no-shows and refunds
- Disputes about a job
- Additional terms if you are a trader
- How you may use the App, including how many devices you may use it on
- You must be 18 to accept these terms and use the App
- You may not transfer the App to someone else
- Changes to these terms
- Update to the App and changes to the Service
- If someone else owns the device you are using
- We are not responsible for other websites you link to
- Licence restrictions
- Acceptable use restrictions
- Content you post, and our zero-tolerance policy
- Reviews
- Intellectual property rights
- Our responsibility for loss or damage suffered by you
- We may end your rights to use the App and the Services if you break these terms
- We may transfer this agreement to someone else
- You need our consent to transfer your rights to someone else
- No rights for third parties
- If a court finds part of this contract illegal, the rest will continue in force
- Even if we delay in enforcing this contract, we can still enforce it later
- Which laws apply to this agreement and where you may bring legal proceedings
- Alternative dispute resolution
- Traders' annex
1. Who we are and what this agreement does
1.1 Callout App is a UK based trades marketplace operated by Callout App Limited, a company registered in England and Wales under company number 17379646, whose registered office is at 39 Oakway, Studham, Dunstable LU6 2PE. You can contact us at support@calloutapp.co.uk.
1.2 Whether you are a trader or a customer your use of the Callout App is governed by these terms of service. They relate to the service you connect to via the App and the content (including any documentation) we provide to you through the App (the Service).
2. Your privacy
2.1 Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data. This information is provided in our privacy policy at https://calloutapp.co.uk/privacy and it is important that you read that information.
3. Other terms that may apply to you
3.1 The following documents also form part of these terms:
- Our Cookie Policy, at https://calloutapp.co.uk/cookies, which sets out information about the cookies used on our website.
- Our Privacy Policy, at https://calloutapp.co.uk/privacy, which sets out how we handle personal information provided through our website and the App.
4. Operating system requirements
4.1 This App requires an iPhone or iPad running iOS 16.4 or later, or an Android phone or tablet running Android 7.0 (API level 24) or later, and an internet connection. Some features also require your permission to use your device's location, camera and photo library.
5. Support for the App and how to tell us about problems
5.1 Support. If you want to learn more about the App or the Service or have any problems using them please see our support resources at https://calloutapp.co.uk/help.
5.2 Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@calloutapp.co.uk. We aim to reply Monday to Saturday, 8am to 8pm.
5.3 How we will communicate with you. If we need to contact you we will do so by email, by push notification and by SMS, using the contact details you have provided to us.
6. What Callout does, and what it does not do
6.1 Callout is a marketplace. We introduce customers who need work done to independent tradespeople who can do it, and we provide the tools the two of you use to agree a price, communicate, pay and sign the work off.
6.2 The work itself is carried out by the trader, not by us. The agreement to carry out the work is made between the customer and the trader. We are not a party to it, we do not carry out the work, we do not supervise it and we do not guarantee it.
6.3 We do take and hold the customer's payment, and we decide where held money goes if there is a dispute. Sections 10 to 14 explain how that works. Nothing in those sections makes us responsible for the quality, timeliness or safety of the work itself.
6.4 Traders using Callout are independent businesses, whether they trade as sole traders, as partnerships or through limited companies. They are not our employees, workers, agents or subcontractors, and nothing in these terms creates an employment relationship, a partnership or a joint venture between us.
7. Your account
7.1 You must be 18 or over to open an account. Callout is for jobs at addresses in the United Kingdom.
7.2 The information you give us must be accurate, and you must keep it up to date. That includes your contact details, and, if you are a trader, your qualifications, insurance and business details.
7.3 Keep your password secure and do not share it. You are responsible for everything done through your account unless you tell us promptly that it has been used without your permission.
7.4 Each account is for one person and is linked to one email address. You must not open or use another account to get around a suspension or ban, strikes under clause 15.6, or the commission-free jobs under clause 15.8. If you do, we may treat it as misuse under clause 7.5. A trader account can bid for work only once we have completed the checks described in section 8.
7.5 We may suspend or close your account if you break these terms, if we reasonably suspect fraud or misuse, if information you gave us for verification turns out to be false, if you accrue three strikes under clause 15.6, or if we are required to do so by law. Where the problem can be put right we will give you a reasonable opportunity to put it right first. If you are a trader, section 37 also applies.
7.6 You can delete your account at any time in the App, under Profile, except while:
- a job you posted is open for offers, has an accepted offer, is waiting for you to confirm the work, or is in dispute. You can cancel a job yourself under section 13;
- you are the trader on a job that has an accepted offer, is waiting for the customer to confirm the work, or is in dispute; or
- you have an offer on a job that the customer could still accept. You can withdraw an offer yourself.
7.7 The App tells you which of these is stopping you before you confirm. Once they are settled you can delete your account. What we delete, and what we must keep, is set out in section 8 of our Privacy Policy.
8. Trader verification and what our badges mean
8.1 Before a trader can bid for work we check evidence against separate claims: their identity, their trade qualifications, their business details and their public liability insurance. Each is a separate badge, each is granted by a member of our team who has looked at the evidence, and each is shown on the trader's profile with the date it was granted.
8.1.1 A trader's profile also shows an “ID Verified” badge once they are set up to receive payments. That one is not granted by us: it reflects the identity checks our payment provider carries out before it will pay anyone, and it appears automatically when those checks pass.
8.2 A badge means that we saw evidence supporting that claim on that date. It is not a guarantee of the quality, safety or timeliness of any work, and it is not a statement about how the trader will behave.
8.3 We do not carry out DBS checks or criminal record checks, and we do not represent that any trader has been screened for criminal convictions.
8.4 An insurance badge means we held a certificate that was valid on the date we checked it. Keeping cover in force is the trader's responsibility, not ours. We show the insurer, the level of cover and the expiry date; we never show a policy number publicly.
8.5 Verification is not a substitute for your own judgement. You should still ask questions, agree what is included before work starts, and read the trader's own terms of business.
8.6 Traders must tell us without delay if a qualification or an insurance policy lapses or is withdrawn. We may remove a badge at any time if the evidence for it is out of date, withdrawn or turns out to be wrong.
9. Posting a job, offers, and the agreement for the work
9.1 Posting a job is free, and you are under no obligation to accept any offer.
9.2 When you post a job we show it to verified traders who work in your area and cover that trade. Until you accept an offer, those traders see the job, its photographs, its approximate area, your name and your customer rating. They do not see your address. They never see your phone number or email address.
9.3 A trader may respond with an offer setting out a price, how long they expect the work to take, and when they can do it. An offer lapses at the time shown on it.
9.4 A job on which you accept no offer closes automatically after five days. You can post it again at no cost.
9.5 Accepting an offer is the moment at which the agreement for the work is made between you and the trader, your payment is taken and held under section 11, and the job address is shared with that trader. Every other offer on the job is declined. You and the trader then talk through messages in the App.
9.6 The price in the offer you accept is the price of the work, unless it is changed under section 12.
10. Payments and our fees
10.1 Posting a job costs nothing. You are charged when you accept an offer.
10.2 What you pay as a customer is the trader's price, plus a platform fee and a convenience fee charged by us. Nothing is added by us to the trader's own price, and we do not charge traders for leads. Our fees are inclusive of any VAT that applies to them. We are not currently registered for VAT, so no VAT is charged on our fees at the moment; if we register, the fees shown to you will include VAT and will not increase because of it. Separately from these customer fees, traders pay us commission on the jobs they complete (see clause 15.8).
10.3 Our customer fees depend on the price of the job:
10.3.1 for a job priced under £100, a platform fee of £3.58 and a convenience fee of £1.79;
10.3.2 for a job priced at £100 or more but under £250, a platform fee of £5.98 and a convenience fee of £2.99;
10.3.3 for a job priced at £250 or more but under £500, a platform fee of £9.58 and a convenience fee of £4.79; and
10.3.4 for a job priced at £500 or more, a combined platform and convenience fee of 3% of the price of the job, capped at £199.98.
10.4 The full amount you will pay, broken down into the trader's price and each fee, is always shown to you before you accept an offer. We will never charge you an amount you have not been shown first.
10.5 We may change our fees. A change never applies to a job you have already accepted, and the fees that apply to your job are the ones shown to you at the moment you accept.
10.6 Payments are processed by Stripe. Your card details are given directly to Stripe and are never stored by us. If your payment fails, the offer is not accepted and the job stays open.
11. Held funds, sign-off and release
11.1 When you accept an offer we take your payment and hold it. It is not passed to the trader at that point. Your payment is taken by Stripe into Callout's own Stripe account and stays there while it is held. When it is released, we transfer the trader's share by a separate transfer from that account to the trader's own Stripe account.
11.2 When the trader has finished, they mark the job as complete and may add photographs of the finished work.
11.3 You then confirm that the work is done. When you confirm, we release the money to the trader.
11.4 If you neither confirm nor raise a dispute within 48 hours of the trader marking the job complete, we release the money automatically. We will tell you when the 48 hours start, and remind you about 12 hours before they end. Automatic release does not mean you have accepted that the work was satisfactory, and it does not affect your legal rights against the trader or your right to complain to us afterwards.
11.5 Released money is paid into the trader's Stripe account, and reaches their bank in line with the payout schedule Stripe applies to that account.
11.6 If a dispute is raised before release, the money is frozen until the dispute is resolved under section 14.
12. Changes to the price after a job is accepted
12.1 Work sometimes turns out to be larger or smaller than it looked. A trader may therefore propose an increase or a decrease to the agreed price through the App. Price changes agreed outside the App are not covered by these terms and are not protected by the money we hold.
12.2 A proposed change lapses if it is not answered within 24 hours.
12.3 An increase takes effect only if you approve it and pay the difference. You will never be charged more than the agreed price without approving the increase first.
12.4 If a decrease is agreed, we refund the difference to you.
12.5 Our fees are set by the price of the job at the moment you accepted the offer. A later decrease does not reduce them. Where an increase moves the job into a higher fee band, the additional fee is shown to you as part of the amount you are asked to approve.
13. Cancelling, no-shows and refunds
13.1 Before you accept an offer you can cancel a job at any time, for any reason, at no cost. No money has been taken at that point.
13.2 After you accept an offer you can cancel at any time up to the agreed start time, and we will refund you in full, including our fees. The one exception is where a price change has already been agreed on the job, because that means the two of you have already gone into the work in detail.
13.3 Once the agreed start time has passed, a job can no longer be cancelled. If the trader did not turn up, report a no-show. If something else has gone wrong, raise a dispute under section 14. Both of those record what actually happened, rather than quietly undoing a job that was already underway.
13.4 If you report a no-show and it is not disputed, we refund you in full, the job goes back out to other traders, and a strike is recorded against the trader.
13.5 We release refunds as soon as the decision is made. How long the money then takes to appear is a matter for your bank or card issuer, and is usually a few working days.
13.6 Separately from the above, you have a legal right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel your contract with us for the Callout service within 14 days of opening your account, without giving a reason. If you post a job within that period you are asking us to begin providing the service straight away, and you lose the right to cancel once we have fully provided it. This right relates to our service only. It does not affect clauses 13.1 to 13.3, and it does not affect any right you may have to cancel the agreement for the work with the trader.
14. Disputes about a job
14.1 If something has gone wrong you can raise a dispute from the job itself. The grounds are: work not completed, poor quality work, damage caused, being overcharged, the trader not turning up, or, for traders, a customer who will not confirm that the work is done.
14.2 Raise a dispute before the money is released if you can. Once a dispute is raised, any money we are holding on that job is frozen.
14.3 Both of you can send messages and evidence, such as photographs or a timeline of what happened, through the dispute. We may ask either of you for more information, and we may close a dispute if it is not provided.
14.4 We will review what both of you have sent and decide one of the following: refund the customer in full, release the money to the trader, refund part of the money and release the rest, or make no change to the payment. We will tell you both what we decided.
14.5 We will deal with a dispute as quickly as the evidence allows and will keep both of you updated while we do.
14.6 Our decision determines only where the money we are holding goes. It is not a legal ruling about who is right. It does not stop either of you pursuing the other, and it does not affect a consumer's rights under the Consumer Rights Act 2015, which include the right to have services carried out with reasonable care and skill.
15. Additional terms if you are a trader
15.1 If you use Callout to offer or carry out work you are doing so as a business, and this section and section 37 apply to you in addition to the rest of these terms. Where either conflicts with another section, they apply. If you trade through a limited company or a partnership, you confirm that you are authorised to act for it and to accept these terms on its behalf. In that case the company or partnership is the trader: it is the party to the agreement for the work, it receives the payment, and it is bound by these terms alongside you.
15.2 You must hold, and keep in force, the qualifications required for every trade category you bid in and public liability insurance appropriate to the work you take on. You must tell us without delay if either lapses, is withdrawn or is not renewed.
15.3 You must be legally entitled to work and to operate a business in the United Kingdom. You are responsible for your own tax, National Insurance and any registration your trade requires, including registration with a competent person scheme where the law requires one.
15.4 Only bid for work you are competent and qualified to carry out, and only offer a time at which you can actually attend.
15.5 The work is governed by your own terms of business, which you must give to the customer before you start. Where your customer is a consumer, you are responsible for meeting your own obligations to them, including giving them the pre-contract information and notice of their right to cancel that consumer protection law requires.
15.6 A strike is recorded against you if you fail to attend a job you agreed to do, or if you withdraw from a job after your offer has been accepted. Three strikes suspends your account. We will tell you each time a strike is recorded, and you can ask us to review one you think is wrong.
15.7 To be paid you need a connected Stripe account, and you must give Stripe the information it needs to verify you. What you receive is the price of the offer that was accepted, adjusted for any price change agreed under section 12, less our commission under clause 15.8. The platform and convenience fees in clause 10.3 are paid by the customer on top of your price and are never deducted from what you receive.
15.8 Commission. Your first 15 completed jobs carry no commission at all. From your sixteenth completed job onward we deduct commission of 10% of the final total for that job, capped at £250 per job. The deduction is made when the money is released to you, and the amount is shown to you against the job. We are not currently registered for VAT, so no VAT is charged on the commission; the rate is inclusive of any VAT that becomes chargeable if we register, so registering will not increase what you pay.
15.9 We may change our commission. A change never applies to a job you have already been accepted on, and we will give you at least 30 days' notice under section 19.
15.10 You are responsible for everything on your profile being accurate, including your trade categories, your working area and the photographs of your work.
15.11 If you allow the App to use your location, opening the jobs map sets the centre of your working area to where your device is at the time, and saving your coverage area does the same. You can see and change your working area on the map.
16. How you may use the App, including how many devices you may use it on
16.1 In return for your agreeing to comply with these terms you may:
16.1.1 download or stream a copy of the App onto any device and view, use and display the App and the Service on such devices for your personal purposes or, if you are a trader, for the purposes of your trade business.
16.1.2 use any Documentation to support your permitted use of the App and the Service.
16.1.3 receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
17. You must be 18 to accept these terms and use the App
17.1 You must be 18 or over to accept these terms and use the App.
18. You may not transfer the App to someone else
18.1 We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
19. Changes to these terms
19.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
19.2 We will give you at least 30 days' notice of any change by email and by push notification with details of the change or notifying you of a change when you next start the App.
19.3 If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
20. Update to the App and changes to the Service
20.1 From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
20.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
20.3 We aim to support the current and previous major versions of iOS and Android.
21. If someone else owns the device you are using
21.1 If you download or stream the App onto any other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the other device.
22. We are not responsible for other websites you link to
22.1 The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
22.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
23. Licence restrictions
23.1 You agree that you will:
23.1.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
23.1.2 not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
23.1.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
23.1.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- (a) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
- (b) is not used to create any software that is substantially similar in its expression to the App;
- (c) is kept secure; and
- (d) is used only for the Permitted Objective;
23.1.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
24. Acceptable use restrictions
24.1 You must:
24.1.1 not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
24.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
24.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service. Section 25 sets out in full what is not allowed, what we do about it and what happens to your account;
24.1.4 not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
24.1.5 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service; and
24.1.6 not use the App or any Service to arrange, carry out or pay for work outside Callout in order to avoid our fees, and not exchange direct contact details with another user for that purpose. We check messages, job descriptions and offers for contact details and for requests to pay outside Callout. Phone numbers and email addresses are hidden from the other person. If an account does this five times within 30 days, we automatically pause its ability to send messages, post jobs and make offers until a member of our team has reviewed it.
25. Content you post, and our zero-tolerance policy
25.1 This section applies to everything you write, photograph or film on Callout: job titles and descriptions, extra details you add to a job, photographs and video of a problem or of finished work, messages, offer notes and availability, price-adjustment reasons, dispute descriptions, reviews you write about other users, your display name, your business name and your profile description.
25.2 Zero tolerance. We do not allow objectionable content on Callout, and we operate a zero-tolerance policy towards it. You must not post, send or upload anything that: is abusive, harassing, bullying or threatening; incites or threatens violence against anyone; is hateful towards or discriminates against a person or group by reference to race, ethnicity, nationality, religion, sex, gender identity, sexual orientation, disability or age; is sexual or pornographic; sexualises a child in any way; depicts or encourages self-harm; is defamatory; impersonates another person or business; or is otherwise unlawful.
25.3 What we do about it. We screen text automatically before it is posted. Content that our screening identifies as a slur, as sexual content or as a threat of violence is refused outright and is never delivered to the other party. Other content is allowed through and recorded against your account for review. Automatic screening is not perfect, and it is not a substitute for the reporting route in clause 25.4.
25.4 Reporting. Every piece of content another user can see carries a report control next to it — a message, a review, a job or a profile. Reports go to our moderation team and are never shown to the person you reported, and we do not tell them who reported them. You can also email us at support@calloutapp.co.uk.
25.5 How quickly we respond. We review every report within 24 hours of receiving it. If we decide that reported content breaches this section we remove it, and we tell the person who posted it why. Removed reviews stop counting towards the rating they contributed to.
25.6 Consequences for you. If you post content that breaches this section we may remove it, restrict your ability to send messages, post jobs or make offers, suspend your account, or permanently ban you. For hate speech, sexual content involving a child, and credible threats of violence, the consequence is a permanent ban on the first occurrence — we do not issue warnings for these. A ban ends your access immediately: your sessions are revoked and you cannot sign in again. Where content appears to disclose a criminal offence we may report it to the police and provide them with the relevant records.
25.7 Blocking other users. You can block any other user from their profile or from a conversation with them. Blocking stops them messaging you, viewing your profile, making offers on your jobs and being notified about your jobs, and stops you seeing the same from them. They are not told that you have blocked them. You can see and undo your blocks at any time under Profile, Safety, Blocked users. You cannot block someone while a job between you is still in progress with a payment held — raise a dispute under section 14 instead, which freezes the payment and brings our team in.
25.8 Appeals. If we remove your content or suspend your account and you believe we are wrong, email support@calloutapp.co.uk and a person will review the decision.
25.9 If you are in immediate danger, call 999. Tell us once everyone is safe and we will freeze the job and any payment on it.
26. Reviews
26.1 Only the two parties to a job can review each other. A customer can review the trader once the job is complete. A trader can review the customer once they have marked the work complete. Each of you can leave one review per job.
26.2 A trader's reviews appear on their public profile. Reviews of a customer are shown to traders who are considering that customer's jobs.
26.3 Reviews are never paid for. We do not offer anything in return for a review, and traders must not either.
26.4 Nobody can edit a review once it has been left: not the person who wrote it, not the person it is about, and not us.
26.5 We do not remove a review because it is negative. If you think a review breaks section 25, or is not about the job it is attached to, report it using the report control next to it or email support@calloutapp.co.uk. We review every report within 24 hours. If we remove a review we tell the person who wrote it why, and it stops counting towards the rating.
27. Intellectual property rights
27.1 All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
27.2 You keep the rights in the photographs, video, reviews and other material you submit. By submitting it you give us a licence to store it, and to display it where the Service needs to display it: to the other party to your job, and, in the case of a trader's completed-work photographs and the reviews they receive, on their public profile. The licence lasts as long as we need it for those purposes and ends when the material is removed, except that we may keep a copy where we need it as evidence in a dispute or to meet a legal obligation.
27.3 Do not submit material you do not have the right to submit. A customer's job photographs may show the inside of their home, and a trader must not publish them except as part of the completed-work gallery the Service provides.
27.4 If you are a customer and a trader's public profile shows photographs of completed work at your home that you want taken down, email support@calloutapp.co.uk with the trader's name and the job. We will remove them from the trader's profile. You do not have to give a reason.
28. Our responsibility for loss or damage suffered by you
28.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or any economic loss. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
28.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
28.3 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
28.4 We are not liable for business losses. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
28.5 Information other users post. Job descriptions, offers, profiles, photographs, messages and reviews are written by other users, not by us. We do not check that they are accurate, complete or up to date, and we make no promise that they are. This clause does not apply to the verification badges described in section 8, which mean what section 8 says they mean.
28.6 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
28.7 Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the app store site and in the Documentation) meet your requirements.
28.8 We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
29. We may end your rights to use the App and the Services if you break these terms
29.1 We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so. If you are a trader, section 37 also applies.
29.2 If we end your rights to use the App and Services:
29.2.1 You must stop all activities authorised by these terms, including your use of the App and any Services.
29.2.2 You must delete or remove the App from all devices in your possession.
29.2.3 We may cease providing you with access to the Services and disable your account.
30. We may transfer this agreement to someone else
30.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
31. You need our consent to transfer your rights to someone else
31.1 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
32. No rights for third parties
32.1 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
33. If a court finds part of this contract illegal, the rest will continue in force
33.1 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
34. Even if we delay in enforcing this contract, we can still enforce it later
34.1 Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
35. Which laws apply to this agreement and where you may bring legal proceedings
35.1 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
36. Alternative dispute resolution
36.1 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. We are not currently a member of an alternative dispute resolution scheme. If you have been through our complaints process and we have not been able to resolve your complaint between us, we will write to you with the name and website of a certified alternative dispute resolution provider and tell you whether we agree to use it. Whether or not you use alternative dispute resolution, you can still bring legal proceedings.
37. Traders' annex
37.1 This section applies if you are a trader. It explains how work reaches you, how you are ranked, when we may restrict or end your account, and how to complain.
37.2 Which traders are told about a job. When a customer posts a job, we offer it to every trader who, at that moment:
- has had their verification approved for that trade;
- is not suspended, banned or deleted;
- has set a working area, with the job inside the radius they chose; and
- is inside the working days and hours they set in the App.
37.3 The order in which they are told. We score each of those traders and tell them in three groups: the three highest scores straight away, the next five one minute later, and everyone else two and a half minutes after posting, unless the job has been accepted or cancelled in the meantime. The score is made up of:
- distance from the job, relative to your chosen radius (up to 40 points);
- your average rating (up to 30 points);
- of your jobs that have ended, the share you completed rather than had cancelled (up to 20 points);
- an acceptance rate (up to 10 points), which we do not currently calculate, so it is 0 for every trader; and
- a boost for newer traders: 5 points with fewer than 10 completed jobs, 2 points with fewer than 50.
37.4 Quiet hours you set delay notifications but do not change who is offered the job. Your online status does not affect it. Nobody can pay us for a higher place. In the jobs list in the App, open jobs in your trades are shown nearest first if you allow location, otherwise newest first. A customer sees offers on their job in the order they were made. We do not sort offers by price, rating or anything else.
37.5 Restricting or ending your account. We may restrict, suspend or end your account for any of the reasons in clauses 7.5, 15.6, 24.1.6 and 25.6, or if your qualifications or insurance lapse. When we do, we will tell you which reason applies and what it is based on, at the time we act. Before we end your account for good, we will give you at least 30 days' notice, unless the law requires otherwise, you have broken these terms in a serious way, or you have repeatedly broken them. Automatic restrictions under clause 24.1.6 last only until a member of our team has reviewed your account.
37.6 Complaints. You can complain free of charge about anything we have done, including a restriction, a strike, a badge decision or the way jobs reach you, by emailing support@calloutapp.co.uk with "Trader complaint" in the subject. We will acknowledge it within 2 working days and give you a full answer within 14 days.
37.7 Mediation. If our complaints process does not resolve your complaint, we are willing to try mediation with an independent mediator, and we will give you the names of two mediators when we offer it.
37.8 Data you can see. While you have an account you can see your own profile, verification status, ratings and reviews, strikes, earnings, commission and payouts. Before a customer accepts your offer you see the job, its photographs, its approximate area, the customer's name, and the customer's rating and reviews from other traders. Once your offer is accepted you also see the job address. You never see a customer's phone number or email address. We do not give you data about other traders.