Where we refer to “we” in this agreement we mean Local Heroes, a trading name of British Gas Services Limited, registered in England and Wales (No. 03141243) at Millstream, Maidenhead Road, Windsor, Berkshire SL4 5GD.
Where we refer to “you”, this also includes anyone who accesses or uses Local Heroes on your behalf.
1.Application, insurance and skills
Access to Local Heroes is subject to first successfully completing the application process. It is your responsibility to ensure that you continue to hold and maintain all the qualifications detailed in your application that are necessary to complete the services, and all insurance policies of the type and amounts confirmed as being held. We advise customers to request sight of evidence of applicable trade accreditations and registrations before work starts, and you agree to comply with any reasonable request with regards to verification. In the event of any changes to your skills, qualifications and/or insurance, you must let us know immediately.
The relationship between you and Local Heroes will be that of independent contractor and nothing in these terms shall render you an employee, worker, agent or partner of Local Heroes and you shall not present yourself as such.
3. VAT registration
It is your responsibility to ensure that if you are required to do so, you register for VAT. If you are not VAT registered when you join Local Heroes, but later become registered, you must notify us as soon as possible.
4. Work requests
We will notify you of requests for work which match the services you offer, in the location/s in which you operate, as confirmed by you in your application. If you confirm via the Local Heroes website/App that you are available for the work, we may allocate it to you. If you are allocated the work, you must engage with the customer in accordance with the Code of Conduct. We do not vet customers or their requests for work on your behalf and we will not be liable to you in any way for this work. We therefore recommend you assess each request for work and carry out any checks you deem necessary before you start work. You should not agree to any work you cannot legally and safely carry out.
5. Exclusivity and volume
This is a non-exclusive arrangement and you are free to carry out work outside the Local Heroes network. Likewise we may utilise other tradespeople in your area. We cannot guarantee you any volume of work.
You may, with our and the customer’s prior approval and subject to the following proviso, appoint a suitably qualified and skilled substitute to perform the services on your behalf, provided that we have vetted the substitute and they enter into and conform to the terms with you which are the same as those set out in this agreement. For the avoidance of doubt, you will continue to be subject to all duties and obligations under this agreement and you will be responsible for all payments due to the substitute.
The work should be carried out to the satisfaction of the customer in accordance with your terms of business, the Code of Conduct and all applicable laws and regulations. You should use the highest standard of skill and care ordinarily exercised by experienced and competent traders performing services of a similar nature. Where the work includes the provision of goods and materials, these shall be of satisfactory quality and fit for purpose. You must be able to demonstrate if required that you have taken suitable and sufficient steps to control the risks from the tasks you are carrying out.
8. 12 month guarantee
The work you carry out and the parts you fit must be guaranteed by you for a period of 12 months from the date of completion. Certain jobs such as temporary repairs may not be suitable for a 12 month guarantee, in these cases you must disclose this to the customer and the customer must agree before you start.
9. Price, payment and fees
You must not attempt to collect payment for the work from the customer; we will make reasonable efforts to collect payment from the customer on your behalf. Please see also the Trader Commercial Terms.
The customer may complain directly to you or to us. If the customer complains directly to you, you should follow your usual processes to resolve the complaint. You should let us know about any such complaint and we will provide mediation if necessary. If the customer complains directly to us we will request information from you to help to resolve the issue and you must facilitate any such requests. We will investigate the complaint and in the event we find the complaint is justified, we will ask you to return to the property to rectify the problem. If you are not available in a reasonable timescale, we will find someone else to resolve the issue and you will be asked to reimburse us for our reasonable costs in doing so. If you’re not satisfied with us, you can raise a complaint by emailing: firstname.lastname@example.org. If you’ve been mistreated by a customer, you must let us know so that we may investigate and take such appropriate action as is necessary.
11. Indemnity and limitation of liability
You will indemnify us against all claims loss, damage, costs, legal costs, professional and other expenses of any nature incurred or suffered by us however caused arising out of:
a) any breach by you of the agreement between us;
b) any work provided or payment made by us under the guarantee in relation to the services provided; and
c) any customer complaints.
We shall not be liable to you for loss of profits, business, depletion of goodwill (or similar losses), anticipated savings, goods or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
12. Suspension or termination
14. Modifying or varying the service
15. Confidentiality and data protection
You shall treat all customer information as confidential and must not share that information with others. You shall only use customer information for the purpose of contacting them in relation to the work and for no other purpose whatsoever. At all times and in all respects you shall comply with data protection laws.
16. Records and audit access
You shall maintain accurate records relevant to the work you have completed and upon request permit us access to such records. You shall your records keep safe and in good condition for a period of no less than 7 years from completion of work. If an inspection by us reveals that you have overcharged a customer, you shall pay us the reasonable costs of such inspection in addition to the excess charges. You will be required to provide us with certificates of insurance within 7 days of a request.
We reserve the right to reassign or otherwise transfer the work in whole or part to another trader.
- The agreement between us constitutes the entire agreement between the parties and supersedes all prior communications, representations, warranties, stipulations and agreements between us.
- If any parts of the agreement are held to be illegal or unenforceable, the rest of the agreement shall continue in force and effect unless the business purpose is substantially frustrated, in which case it shall terminate giving rise to no further liability.
- No waiver shall be effective unless in writing.
- Nothing in the agreement shall confer, or is intended to confer, on any benefit or right to enforce any term on a third party.
- The agreement is governed and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.