Terms and Conditions

These Terms and Conditions ("Terms") govern access to and use of the public PestBase website available at https://pestbase.co.uk (the "Website"), the PestBase pest control management platform available at https://app.pestbase.co.uk, including any associated subdomains through which it is provided (the "Platform"), and any related products, services, software, applications, features or functionality that SERVICE RECORD LTD expressly makes subject to these Terms from time to time. The Website, Platform and those related offerings are collectively referred to as the "Services".

These Terms are between SERVICE RECORD LTD, trading as PestBase ("PestBase", "we", "us" or "our"), and the business or organisation subscribing to or using the Services (the "Customer"). The Services are provided solely for business purposes. By accepting these Terms, creating an Account, placing an Order or using a Service, you confirm that you are acting in the course of a trade, business, craft or profession and not as a consumer. Anyone accepting these Terms on behalf of an organisation confirms that they have authority to bind that organisation to the Agreement.

By accepting these Terms, accepting an Order, creating an Account or using the Platform after these Terms have been presented to you, you agree to be bound by the Agreement. If you do not agree to these Terms, you must not create an Account or access or use the Platform or any other Service that is subject to them.

In these Terms:

1. "Account" means an account created to access or use the Services.
2. "Content" means information, data, documents, records, text, images, files or other materials made available through the Services.
3. "We", "us" and "our" mean SERVICE RECORD LTD, company number 17410451, registered in England and Wales, trading as PestBase.
4. "Customer" means the business or organisation entering into the Agreement with PestBase.
5. "Customer Content" means any Content uploaded, submitted, entered, created or otherwise made available to the Services by or on behalf of the Customer, including its customer, site, job, report, photograph, signature, product, quote and invoice records.
6. "Order" means any order form, quotation, invoice or other commercial arrangement accepted by the Customer and PestBase specifying the applicable plan, fees or other agreed commercial terms.
7. "Platform" means the PestBase pest control management platform available at https://app.pestbase.co.uk, including any associated subdomains through which it is provided.
8. "Service" means any one or more of the Services provided to the Customer under an applicable plan, trial, Order or other agreed arrangement.
9. "Services" means the Website, Platform and any related product, service, software, application, feature or functionality that we expressly state is governed by these Terms.
10. "Subscription" means any paid subscription or recurring service plan offered by us.
11. "User" means any person authorised by the Customer to access or use the Services, and any visitor to the Website.
12. "Website" means the public website available at https://pestbase.co.uk.

The agreement between PestBase and the Customer consists of these Terms, any applicable Order accepted by the parties and any service-specific terms or schedule expressly presented as applying to a Service (together, the "Agreement"). An Order may set out the applicable plan, subscription period, fees, number of users, payment terms and any other agreed commercial arrangements.

Service-specific terms or a schedule will take priority over these Terms only in relation to the relevant Service and only to the extent of a conflict. An Order will take priority over these Terms or any service-specific terms only to the extent that it expressly states that it overrides the relevant provision. A purchase order issued by the Customer is for administrative purposes only and does not amend or replace the Agreement unless expressly agreed by us in writing.

The Agreement starts on the earliest of:

1. the date the Customer expressly agrees to accept these Terms;
2. the date the Customer accepts an Order;
3. the date the Customer's Account is created after these Terms have been presented; or
4. the date the Customer first uses the Platform or another Service after these Terms have been presented.

PestBase is a pest control management platform for managing customers and sites, quotes, bookings and repeating visits, jobs, inspection and treatment reports, invoices and payments, and the emails and reminders that go with them.

The features, number of users, support and other elements included in the Service depend on the selected plan or Order. We will provide the Service with reasonable skill and care and in material accordance with the plan description and any agreed documentation. The Website and Services are operated by:

• SERVICE RECORD LTD
• Trading as: PestBase
• Company number: 17410451
• Registered in England and Wales

Our current registered office address is shown in the footer of this website.

Questions about these Terms can be sent through our Contact Us form.

You may use the Services only if you are legally capable of entering into a binding agreement. If you use the Services on behalf of a company, organisation or other legal entity, you confirm that you have authority to bind that entity to these Terms. In that case, references to "you" include both you personally and the relevant entity, as appropriate.

The Customer must provide accurate and current information when its Account is created and administered. Users sign in with a link or six-digit code sent to their email address, so control of a User's email account controls access to PestBase. The Customer is responsible for:

1. its authorised Users;
2. ensuring that access is granted only to appropriately authorised persons;
3. managing User roles and permissions;
4. promptly deactivating or restricting access where appropriate, for example when a member of staff leaves; and
5. maintaining the security of devices, email accounts and other means used to access the Service.

The Customer is responsible for activity carried out through its Account by its authorised Users.

The Customer must notify us without undue delay if it becomes aware of any suspected unauthorised access, compromise or security incident relating to its use of the Service. We may rely on instructions received from a person reasonably appearing to be authorised to act on behalf of the Customer.

The features, functionality, user access, support and other elements of the Service available to the Customer will depend on the applicable plan, trial offer, Order or features made available through the Service from time to time.

We may introduce additional products, services, features or functionality from time to time. These Terms apply to an additional offering only where we expressly state that it forms part of the Services or is governed by these Terms. An additional offering may be subject to an Order, service-specific terms or a schedule in accordance with Section 3.

We will provide the Service using reasonable skill and care. Unless expressly agreed otherwise in an Order, the Service is provided as a standard subscription service and we do not guarantee that any particular feature, integration or functionality will remain available indefinitely.

We may offer free trials, demonstrations, promotional access or other offers from time to time. The availability, eligibility requirements, duration, features, limits and other conditions of any trial or promotional offer will be those communicated to the Customer at the time the offer is made.

Unless expressly stated otherwise, a trial or promotional offer does not automatically convert into a paid Subscription. We may withdraw, suspend or terminate a trial or promotional offer where we reasonably believe that the relevant eligibility requirements have not been met or the offer has been used fraudulently or abusively.

The fees, billing frequency, payment method and payment terms for the Service will be as set out in the applicable plan or Order. Unless otherwise stated, Subscription fees are payable in advance. Where the Customer pays by card or direct debit, the Customer authorises us and our payment service providers to collect applicable fees, taxes and other amounts due using the payment method selected by the Customer.

The Customer must ensure that its billing information remains accurate and current. If a payment fails, is reversed or disputed, or an undisputed amount remains overdue, we may, after giving reasonable notice where practicable, restrict or suspend access to all or part of the Service until the relevant amount is paid.

The Customer is responsible for all applicable taxes, duties and governmental charges relating to its purchase or use of the Service, excluding taxes based on our net income.

The Customer's Subscription will continue for the subscription period selected by the Customer or specified in the applicable Order (the "Subscription Period").

10.1. Automatic Renewal

At the end of the current Subscription Period, the Subscription will automatically renew for a further Subscription Period of the same duration, unless either party gives notice that the Subscription will not renew at the end of the then-current Subscription Period.

10.2. Customer Cancellation

The Customer may give notice of cancellation or non-renewal through our Contact Us form or by any other method we specify. Cancellation or notice of non-renewal will prevent the Subscription from renewing for a further Subscription Period. It will not terminate the current Subscription Period early or entitle the Customer to a refund for any unused part of that period, except where otherwise expressly provided in these Terms, an applicable Order or required by applicable law.

10.3. Our Right Not to Renew

We may give notice that we do not wish to renew the Subscription at the end of the then-current Subscription Period. Where we give notice of non-renewal, the Customer will continue to have access to the Service until the end of the Subscription Period for which it has already paid, subject to our rights to suspend or terminate the Agreement in accordance with these Terms.

10.4. Plan Changes

An annual Subscription is a commitment for the full annual Subscription Period. A change from annual to monthly billing will take effect only at the next renewal date. A change to a higher plan may take effect immediately, in which case any pro-rata amount due will be confirmed to the Customer before the change is made. A change to a lower plan, or another change that reduces the applicable features or number of users, will take effect at the end of the current Subscription Period. The Customer is responsible for reducing its usage, such as its number of active Users, to within the lower plan's limits before the change takes effect.

A plan change, cancellation or notice of non-renewal does not entitle the Customer to an automatic refund or credit for fees already paid or for unused time in the current Subscription Period, except where expressly stated in the Agreement, agreed by us in writing or required by applicable law.

10.5. Effect of Expiry or Non-Renewal

When a Subscription ends and is not renewed, the Customer's access to the Service will end in accordance with Section 27 (Termination). The Customer remains responsible for exporting any Customer Content it wishes to retain before the end of the applicable data-access or retention period. Any deletion or return of Customer personal data will be carried out in accordance with Section 15 (Data Protection).

As between the parties, the Customer retains its rights in Customer Content. The Customer grants PestBase a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, transmit, convert and otherwise use Customer Content only to the extent reasonably necessary to provide, secure, maintain and support the Service and comply with applicable law.

The Customer is responsible for:

1. ensuring that Customer Content is lawful, accurate and does not infringe any third-party rights;
2. obtaining all rights, permissions, notices, consents and other authorisations required to use Customer Content through the Service, including in respect of photographs and signatures;
3. establishing an appropriate lawful basis and any additional condition required for the processing of personal data;
4. managing its Users, roles and permissions;
5. configuring the Service appropriately, including its company settings, product list, document numbering, VAT settings, bank details and email settings;
6. the content of the quotes, invoices, inspection and treatment reports and other documents it produces or sends through the Service, including checking them before they are sent;
7. its compliance with the laws and codes that apply to its business, including those governing the use of pesticides and biocidal products, health and safety, record-keeping, VAT and other taxes;
8. determining whether the Service is suitable for its own legal, regulatory, operational and business requirements; and
9. maintaining appropriate copies or exports of business-critical information.

PestBase provides tools and functionality, such as report templates, product records, safety advice and reminders. The availability or use of those tools does not, by itself, make the Customer's activities, treatments, records or documents legally or regulatorily compliant.

Fees paid for the Services are non-refundable except where expressly stated in the Agreement, agreed by us in writing or required by applicable law. If a refund is due, we may process it using the original payment method where possible.

We and our licensors retain all rights, title and interest in the Service and all related software, technology, documentation, designs, branding and intellectual property rights, excluding Customer Content. Subject to the Customer's compliance with the Agreement and payment of applicable fees, we grant the Customer a limited, non-exclusive, non-transferable and non-sublicensable right for its authorised Users to access and use the Service for its internal business purposes during the applicable Subscription Period.

The Customer must not use our name, trademarks or branding without our prior written consent. If the Customer provides feedback, suggestions or recommendations about the Service, the Customer grants us a worldwide, perpetual, royalty-free right to use that feedback without restriction, provided we do not disclose the Customer's confidential information.

The Service may allow the Customer to connect or use third-party services, such as a Microsoft 365 account or mail server used to send documents to its customers. Where the Customer chooses and configures a third-party service, the Customer is responsible for:

1. its third-party account;
2. account credentials and permissions;
3. configuration and access controls;
4. retention and deletion settings;
5. security arrangements;
6. compliance with applicable laws; and
7. compliance with the third party's terms and policies.

We are not responsible for the availability, security, acts, omissions, changes or failures of a third-party service outside our reasonable control. Nothing in this section excludes liability for our own breach of the Agreement or failure to exercise reasonable care and skill in providing the Service.

This section applies where PestBase processes personal data contained in Customer Content on behalf of the Customer. Where this section applies, the Customer acts as controller and PestBase acts as processor, except where the Customer itself acts as processor for another controller, in which case PestBase acts as a sub-processor to the extent applicable. Our Privacy Policy explains how we process personal data for our own purposes.

15.1. Processing Instructions

We will process Customer personal data only on the Customer's documented instructions, including the instructions contained in the Agreement and the Customer's use and configuration of the Service, unless applicable law requires otherwise. Where legally permitted, we will inform the Customer before processing personal data pursuant to a legal requirement. We will inform the Customer if, in our opinion, an instruction infringes applicable data-protection law.

15.2. Confidentiality

We will ensure that persons authorised to process Customer personal data are subject to an appropriate duty of confidentiality.

15.3. Security

We will implement appropriate technical and organisational measures designed to provide a level of security appropriate to the risk, taking account of the requirements of applicable data-protection law.

15.4. Support Access

Our support staff will access Customer Content only during a time-limited support-access period. Normally the Customer opens that period and can close it at any time. We may open emergency access for a limited period where reasonably necessary to respond to a security incident, an urgent fault or a legal requirement, with the reason recorded. Every access period is visible to the Customer and recorded in its audit trail.

15.5. Personal Data Breaches

We will notify the Customer without undue delay after becoming aware of a personal data breach affecting Customer personal data and will provide such information as is reasonably available to us to assist the Customer in meeting its legal obligations.

15.6. Assistance

Taking account of the nature of the processing and the information available to us, we will provide reasonable assistance to the Customer in relation to: requests from data subjects exercising their rights; security obligations; personal data breach notifications; data protection impact assessments; and consultations with supervisory authorities, to the extent required of us by applicable data-protection law. Where assistance is requested outside the normal operation of the Service, we may charge reasonable fees for the additional work involved, provided this is permitted by applicable law.

15.7. Return and Deletion

At the end of the provision of the Service, we will, at the Customer's choice, delete or return Customer personal data, unless applicable law requires us to retain it. Data contained in backup or disaster-recovery systems may be retained until deleted in accordance with our normal backup lifecycle, provided that it is not used for ordinary operational purposes except where necessary for restoration, security or legal compliance.

15.8. Audits and Compliance Information

We will make available information reasonably necessary to demonstrate compliance with our obligations under this section. Where required by applicable data-protection law, we will allow for and contribute to audits or inspections by the Customer or its mandated auditor, subject to reasonable advance notice, confidentiality, security and access requirements. We may satisfy audit obligations by providing relevant independent audit reports, certifications or other compliance information where these reasonably demonstrate compliance.

15.9. Sub-processors

The Customer gives general authorisation for us to appoint sub-processors where reasonably required to provide, support, secure or maintain the Service. We will ensure that any sub-processor engaged to process Customer personal data is subject to written obligations which provide the level of protection required by applicable data-protection law. Where required by applicable data-protection law, we will provide notice of intended changes to sub-processors and allow the Customer to object on reasonable data-protection grounds. We remain responsible for the performance of our applicable data-protection obligations by our sub-processors to the extent required by applicable law.

15.10. International Transfers

Where the processing of Customer personal data involves a restricted transfer, we will ensure that an appropriate lawful transfer mechanism and any supplementary measures required by applicable data-protection law are used. The Customer is responsible for transfers arising from a third-party service or integration independently selected and controlled by the Customer, except to the extent we are legally responsible for the relevant transfer.

15.11. Processing Details

The subject matter of the processing is the provision of the Service. The duration of the processing is the duration of the Agreement and any applicable period required for the return or deletion of Customer personal data. The nature and purpose of the processing are to host, store, organise, retrieve, transmit, convert into documents, email on the Customer's instructions, support, secure and otherwise process Customer personal data as necessary to provide the Service.

The categories of data subjects are determined by the Customer and may include the Customer's Users, employees, technicians and contractors, and its customers, site contacts and other individuals named in its records. The types of personal data may include identifiers, contact information, site addresses, account information, job and report details, photographs, signatures, invoice and payment records, emails, technical and audit information and, where recorded by the Customer, special-category or criminal-offence data.

The Customer and its Users must not use the Service to:

1. collect, upload, publish or transmit unlawful, fraudulent, defamatory, infringing or deceptive material, or data they have no right to process;
2. send spam, facilitate phishing, distribute malware or unlawfully monitor people;
3. bypass or interfere with authentication, rate limits, separation between Customers, roles, security controls or trial conditions;
4. probe, scan or test vulnerabilities without our prior written permission, except under an agreed security-testing programme;
5. reverse engineer, decompile or try to obtain source code except to the limited extent the law does not permit that restriction;
6. use the Service in a way likely to damage it, other customers, providers or networks, or to create unreasonable load;
7. resell, sublicense or make the Platform available as its own hosted product unless an Order expressly permits it; or
8. use the Service or its output to make an unlawful decision about a person.

We will use reasonable skill and care in operating, maintaining and supporting the Service. Unless expressly agreed otherwise in an Order, we do not provide a guaranteed uptime level or service credits.

The availability of the Service may be affected by maintenance, security measures, internet and telecommunications networks, third-party services and other circumstances outside our reasonable control. We may update, modify, improve or change the Service from time to time, and may suspend, replace or discontinue a feature or integration where reasonably necessary for security, legal, technical, supplier or product-development reasons.

We warrant that we have authority to enter into the Agreement and will provide the Service using reasonable skill and care. Except as expressly stated in the Agreement, and to the maximum extent permitted by applicable law, the Service is provided without additional warranties, representations or guarantees.

We do not warrant that:

1. the Service will be uninterrupted, error-free or available at all times;
2. all defects will be corrected;
3. every third-party service or integration will remain available;
4. the Service will meet the Customer's particular legal, regulatory, technical or business requirements; or
5. reminders, product information, safety advice or calculations provided by the Service will be complete or suitable for a particular job, which the Customer must check.

The Customer remains responsible for determining whether the Service is suitable for its intended use and requirements.

Nothing in the Agreement excludes or limits either party's liability to the extent that it cannot lawfully be excluded or limited, including liability for: death or personal injury caused by its negligence; fraud or fraudulent misrepresentation; or any other liability which applicable law does not permit to be excluded or limited.

Subject to the paragraph above, neither party shall be liable to the other, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, for: any indirect or consequential loss; loss of profit, revenue, business, contracts, anticipated savings or business opportunity; loss of goodwill or damage to reputation; loss, corruption or alteration of data, except to the extent directly caused by that party's failure to comply with its express obligations under the Agreement; or any loss arising from a third-party service or integration selected or controlled by the Customer, except to the extent caused by our breach of the Agreement or failure to exercise reasonable care and skill.

Subject to the provisions above, our total aggregate liability arising out of or in connection with the Agreement shall not exceed the greater of:

1. £100; and
2. the total fees paid or payable by the Customer to us during the 12 months immediately preceding the event giving rise to the claim.

Where the Agreement has existed for less than 12 months, the 12-month period referred to above means the shorter period during which the Agreement has existed.

The limitations and exclusions in this section apply to all claims arising out of or in connection with the Agreement, whether arising from one event or a series of related events. The Customer acknowledges that the fees charged for the Service have been calculated on the basis of the allocation of risk and limitations of liability set out in the Agreement.

"Confidential Information" means non-public commercial, financial, technical, security, operational or business information disclosed by or on behalf of one party to the other in connection with the Agreement. Each party must keep the other party's Confidential Information confidential and use it only for the purposes of performing or exercising its rights under the Agreement.

Confidential Information does not include information that:

1. is or becomes publicly available other than through a breach of the Agreement;
2. was lawfully known to the receiving party without restriction before disclosure;
3. is independently developed without use of the other party's Confidential Information; or
4. is lawfully received from a third party without a duty of confidentiality.

A receiving party may disclose the other party's Confidential Information: (a) to its employees, officers, contractors, professional advisers and service providers who need to know it for purposes connected with the Agreement, provided that they are subject to appropriate confidentiality obligations; and (b) where disclosure is required by applicable law, a court, regulator or competent authority. The receiving party remains responsible for protecting Confidential Information appropriately and, where disclosure is made under paragraph (a), for ensuring that the recipient uses it only for purposes connected with the Agreement and maintains appropriate confidentiality.

The Customer will indemnify us against reasonable losses, liabilities, damages, costs and expenses arising directly from:

1. its unlawful use of the Services;
2. Customer Content that infringes a third party's rights;
3. its breach of applicable law; or
4. its material breach of these Terms,

except to the extent that the relevant loss is caused by our negligence, breach of these Terms or unlawful conduct.

We may change fees for a future Subscription or renewal period by giving the Customer reasonable prior notice. We may update these Terms where reasonably necessary to reflect changes in law, security requirements, the Service, suppliers or our business operations.

Where a change materially affects the Customer's rights or obligations, we will provide reasonable advance notice unless a shorter period is reasonably necessary to comply with law, address a security issue or prevent material harm. Continued use of the Service after the updated Terms take effect constitutes acceptance of the updated Terms, subject to any mandatory legal requirements.

Neither party is liable for delay or failure to perform an obligation caused by circumstances outside its reasonable control, provided that payment obligations already due are not excused. A failure or delay to exercise a right does not waive that right.

The Agreement constitutes the entire agreement between the parties in relation to its subject matter and supersedes previous discussions or understandings relating to that subject matter. Nothing in this provision excludes liability for fraud. No person other than the parties has any right to enforce the Agreement under the Contracts (Rights of Third Parties) Act 1999. Nothing in the Agreement creates a partnership, joint venture, agency, employment or fiduciary relationship between the parties.

Notices relating to a material breach, termination or legal claim must be sent to the relevant contact details notified by the parties for that purpose. Routine operational communications may be sent through the Service or to the relevant account or administrative contact.

The Agreement and any dispute or claim arising out of or in connection with it, including any non-contractual dispute or claim, are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement, including any non-contractual dispute or claim.

If any provision of the Agreement is held to be invalid, illegal or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion shall not affect the validity and enforceability of the remaining provisions of the Agreement.

The Customer may not assign, transfer, charge, subcontract or otherwise deal with any of its rights or obligations under the Agreement without our prior written consent. We may assign, transfer or otherwise deal with the Agreement or our rights and obligations under it as part of a merger, restructuring, financing, reorganisation or sale of all or a substantial part of our business or assets, or to an affiliate or successor in connection with such a transaction.

We may suspend or restrict access to the Service where reasonably necessary to:

1. protect the security or integrity of the Service;
2. prevent unlawful, fraudulent or abusive use;
3. comply with applicable law or a lawful request;
4. address a material breach of the Agreement; or
5. address a failed payment or overdue undisputed amount.

Where reasonably practicable, we will provide notice and an opportunity to remedy the relevant issue before suspension. We may act immediately where delay could reasonably create a material security, legal or operational risk. Either party may terminate the Agreement if the other party commits a material breach and fails to remedy that breach within 30 days after receiving written notice requiring it to do so.

On expiry or termination of the applicable Subscription, access to the Service may be restricted or withdrawn. We may make Customer Content available for export for a limited period following expiry or termination, as described in the applicable plan, Order or Service. The Customer is responsible for exporting Customer Content before that period ends. After it, we may delete Customer Content in accordance with the Agreement, our applicable retention arrangements and applicable law. Termination does not affect rights or obligations accrued before termination. Provisions which by their nature are intended to survive termination will continue to apply.

If you have questions, complaints or concerns about the Website, Services or these Terms, please use our Contact Us form. Our current registered office address and company details are shown in the footer of this website.