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Terms and Conditions

Last updated: May 14, 2025

1. Definitions

  • Account: The registered profile created by an Owner or Hirer on the Platform.
  • Booking: A confirmed agreement between an Owner and a Hirer for the hire of a Vacuum Excavator, facilitated through the Platform.
  • Business Day: A day other than a Saturday, Sunday, or public holiday in England when banks in London are open for business.
  • Commission: The fee charged by Vac Ex Dispatch Limited to the Owner for facilitating Bookings through the Platform, calculated as 2% of the daily Hire Charge multiplied by the number of days hired (unless otherwise agreed in writing). Vac Ex Dispatch Limited retains the right to change this rate with 30 days notice.
  • Digital Content: Data made available on the platform (image, video, text).
  • Force Majeure Event: An event beyond the reasonable control of a party, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil commotion, fire, flood, epidemic, pandemic, strikes, lockouts or other industrial disputes, import or export restrictions, or government regulations.
  • Hire Charge: The daily rate set by the Owner for the hire of their Vacuum Excavator.
  • Hire Period: The agreed-upon duration for which the Hirer will have use of the Vacuum Excavator.
  • Hirer: The individual or company that books a Vacuum Excavator for hire from an Owner through the Platform.
  • Intellectual Property Rights: Patents, rights to inventions, copyright and related rights, moral rights, trademarks, service marks, trade names and domain names, rights in get-up, rights to goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
  • Owner: The individual or company that owns and lists a Vacuum Excavator for hire on the Platform.
  • Platform: The website and mobile application(s) operated by Vac Ex Dispatch Limited through which Hirers can book Vacuum Excavators from Owners.
  • Vac Ex Dispatch Limited: The company providing the Platform services.
  • Working Order: That the equipment is working as it should be.
  • User: Any person utilising the Vac Ex Dispatch platform.

2. Services Offered

  • Vac Ex Dispatch Limited provides a Platform that connects Hirers with Owners of Vacuum Excavators. The Platform offers localised search options and utilises marketing efforts to promote Owners and their equipment to potential Hirers.
  • Vac Ex Dispatch Limited acts solely as an intermediary and does not own, operate, or control any of the Vacuum Excavators listed on the Platform. Vac Ex Dispatch Limited is not responsible for the safety practices, operator competence, timekeeping, the Working Order of the equipment, or any other actions or omissions of the Owners or the Hirers using the equipment. Vac Ex Dispatch Limited is not the agent of either the Owner or the Hirer.
  • Vac Ex Dispatch Limited facilitates payment processing for Bookings made through the Platform. Hirers pay for the hire of the Vacuum Excavator directly to the Owner through the Platform's secure payment gateway (unless a pre-existing account agreement is in place). Vac Ex Dispatch Limited will then invoice the Owner for any applicable Commission for each hire at the end of the calendar month.
  • Owners will have access to a dedicated dashboard on the Platform to manage their listings, availability, Booking requests, and communication.
  • Vac Ex Dispatch Limited is permitted to withdraw the provision of service to any User at its discretion and without reason.

3. User Responsibilities

  • Owner Responsibilities:
  • The Owner shall ensure that all Vacuum Excavators listed on the Platform are:
    • Well-maintained, in safe working order and inspected regularly, with appropriate records kept (in line with PUWER Regulations or similar).
    • Compliant with all relevant safety standards, including LOLER, PUWER, CPA and any other applicable legislation.
    • Subject to routine safety checks carried out by a competent person, copies of which shall be shared at the request of Vac Ex Dispatch Limited.
    • The Owner shall provide accurate and complete descriptions of their Vacuum Excavators, including:
    • Make, model, year of manufacture, boom / tipping capabilities, tank capacity, and any other technical specifications.
    • Any special features (e.g., onboard cameras, number of fans, power arm, tipping features).
    • Clear, high-quality photographs representing the actual excavator being hired.
  • The Owner shall set Hire Charges that are fair and competitive within the market. Vac Ex Dispatch Limited reserves the right to remove listings with excessively high or unreasonable pricing.
  • The Owner shall respond to Booking requests promptly and make every reasonable effort to fulfil confirmed Bookings. Consistent failure to fulfil confirmed Bookings may result in account suspension or termination.
  • The Owner shall maintain:
    • Adequate public liability insurance with a minimum coverage of [Amount] and any other insurance required by law for the operation of a vacuum excavator hire business. Evidence of such insurance must be provided to Vac Ex Dispatch Limited upon request.
    • All necessary licenses and permits for operating their business and the specific Vacuum Excavators listed.
    • Valid and up-to-date certifications for operators (if providing operated hire).
    • The provision of up-to-date manuals and any operating guides.
  • The Owner must comply with all applicable laws and regulations, including health and safety legislation, environmental regulations, and employment law.
  • The Owner is responsible for ensuring the Vac Ex is in good working order before each hire.
  • The Owner is responsible for familiarising the Hirer with the safe and correct operation of the Vac Ex before the hire commences.

  • Hirer Responsibilities:
  • The Hirer shall:
    • Ensure that they have the necessary skills, training, and qualifications to safely operate the Vacuum Excavator (or that their operators do).
    • Comply with all applicable health and safety regulations when using the Vacuum Excavator.
    • Inspect the Vacuum Excavator upon delivery and report any damage or defects to the Owner immediately.
    • Use the Vacuum Excavator in a responsible and lawful manner.
    • Return the Vacuum Excavator in the same condition as it was received, fair wear and tear excepted.
    • Be responsible for securing their own insurances and have all operating tickets.

4. Bookings and Payments

  • Upon confirmation of a Booking, the Hirer will be prompted to make payment for the hire of the Vacuum Excavator through the Platform's secure payment gateway. This payment is made directly to the Owner (unless a pre-existing trade agreement is in place). Vac Ex Dispatch Limited does not hold or control these funds, except to the extent necessary to process the transaction.
  • For Bookings requiring payment through the Platform, the Hirer may use a credit/debit card or a unique account holder ID/number. Vac Ex Dispatch Limited utilises a secure payment gateway to process these transactions.
  • If the Hirer has a valid trade account with the Owner, no payment is required through the Platform. However, the Owner is still responsible for the applicable Commission on the total Booking value, which will be invoiced by Vac Ex Dispatch Limited at the end of the calendar month.
  • Payment processing for online payments will be initiated as soon as the Owner confirms the Booking.
  • The Owner acknowledges that Vac Ex Dispatch Limited will charge a Commission for each Booking facilitated through the Platform. The Commission structure is detailed in Section 1 (Definitions). Vac Ex Dispatch Limited will invoice the Owner for all accrued Commissions at the end of each calendar month.
  • Owners are required to pay Commission invoices within 30 days of the invoice date. Late payments may be subject to late payment fees and interest charges at the Bank of England base rate, as per the Late Payment of Commercial Debts Act 1998. Vac Ex Dispatch Limited reserves the right to suspend the Owner's account and listing(s) until all outstanding invoices are paid.
  • Vac Ex Dispatch Limited may use third-party payment processors to handle transactions. Users are responsible for reviewing and agreeing to the terms and conditions of these payment processors.

5. Cancellations and Rescheduling

  • Hirer Cancellation:
    • If the Hirer cancels a confirmed Booking more than 24 hours before the scheduled start time, a full refund for the hire of the Vacuum Excavator will be issued, Less the 2% commission fee.
    • If the Hirer cancels within 24 hours of the scheduled start time, a refund will be issued.
    • The Hirer must inform the supplier of any cancellations, or amended hire details.
  • Cancellation requests must be made in writing through the Platform or via email to support@vacexdispatch.com. The time of receipt of the cancellation request will be used to determine the refund amount.

  • Owner Cancellation:
    • If the Owner cancels a confirmed Booking, they must make every effort to provide the Hirer with a suitable alternative Vacuum Excavator of comparable specification and price.
    • If no suitable alternative is available, the Owner shall provide a full refund to the Hirer and shall be liable to pay a cancellation fee of the full amount of the hire charge to Vac Ex Dispatch Limited to cover the cost of administrating the cancellation and the loss in sales.
    • If the Owner Cancels a booking more than 7 days of the hire date, there will be no penalty charged.
    • Regardless of who cancels the Booking, if the cancellation occurs within 24 hours of the scheduled start time, the Owner will still be responsible for the applicable Commission on the total Booking value, which will be invoiced by Vac Ex Dispatch Limited at the end of the calendar month, unless the cancellation is due to Force Majeure.
    • Vac Ex Dispatch Limited can also issue a refund to the Hirer as goodwill.

  • Rescheduling:
    • Requests to reschedule a Booking must be made by the Hirer through the Platform or via email to support@vacexdispatch.com.
    • Rescheduling is subject to the Owner's availability and agreement.
    • If a Booking is rescheduled within 24 hours of the original start time, the Owner will still be responsible for the applicable Commission on the original Booking value.
    • Rescheduling may result in different hire charges based on Owner discretion.

  • Force Majeure:
  • Neither party shall be liable for any delay or cancellation of a Booking due to a Force Majeure Event. In the event of a Force Majeure cancellation, the affected party shall notify the other party as soon as reasonably practicable. The Owner will not be charged commission in the event of a Force Majeure.

6. Liability and Indemnification

  • Vac Ex Dispatch Limited acts as an intermediary platform connecting Hirers and Owners. Vac Ex Dispatch Limited does not own, operate, or control any Vacuum Excavators, nor does it employ or supervise any operators. The Company is not involved in the actual excavation work and has no control over the conduct of Hirers or Owners.
  • Vac Ex Dispatch Limited makes no warranties or representations of any kind, express or implied, regarding:
    • The quality, suitability, safety, or condition of any Vacuum Excavator listed on the Platform.
    • The competence, qualifications, or actions of any operator.
    • The accuracy of information provided by Owners on the Platform. Vac Ex Dispatch Limited uses its best effort to authenticate the owners but is not responsible for accuracy of information.
    • The successful completion of any Booking.
  • To the fullest extent permitted by law, Vac Ex Dispatch Limited shall not be liable for any:
    • Loss or damage to property arising from the use of a Vacuum Excavator booked through the Platform.
    • Personal injury or death arising from the use of a Vacuum Excavator booked through the Platform.
    • Direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of the Platform or any Booking made through the Platform, including but not limited to delays in service, damage to underground utilities, or disputes between Hirers and Owners. Vac Ex Dispatch Limited is not responsible for costs caused because of the machine being in a state of disrepair, or not in good working order; it is the responsibility of the supplier.
    • Loss of data, profits, revenue, business, or goodwill.
  • Customer Support: While Vac Ex Dispatch Limited is not liable for any issues arising from Bookings.

  • Owner Indemnification: The Owner agrees to indemnify and hold harmless Vac Ex Dispatch Limited, its directors, officers, employees, and agents from and against any and all claims, losses, liabilities, damages, costs, and expenses (including legal fees) arising out of or in connection with:
    • The Owner's listing on the Platform.
    • The Owner's provision of Vacuum Excavator hire services.
    • The Owner's breach of these Terms and Conditions.
    • Any negligent act or omission of the Owner or their employees, agents, or subcontractors.

  • Hirer Indemnification: The Hirer agrees to indemnify Vac Ex Dispatch in the event of any negligent act.

7. Dispute Resolution

  • In the event of a dispute between a Hirer and an Owner arising out of a Booking made through the Platform, the parties agree to first attempt to resolve the dispute amicably between themselves, within 14 days of notification of the dispute.
  • If the parties are unable to resolve the dispute themselves, they may contact Vac Ex Dispatch Limited for assistance. Vac Ex Dispatch Limited may, in its discretion, facilitate communication and provide guidance to help resolve the dispute. Vac Ex Dispatch Limited may suggest mediation. However, Vac Ex Dispatch Limited is not obligated to make any final determination or impose a resolution on the parties.
  • If the dispute remains unresolved after 28 days, the parties may pursue any available legal remedies, including mediation, arbitration, or court action. The parties agree that any such legal action shall be subject to the exclusive jurisdiction of the courts of England and Wales.
  • Vac Ex Dispatch Limited is not responsible for the costs incurred by any parties involved in dispute resolution.

8. Intellectual Property

  • All Intellectual Property Rights in and to the Platform, including but not limited to copyrights, trademarks, trade names, logos, designs, and any underlying software or technology, are owned by Vac Ex Dispatch Limited. This includes all content on the Platform, such as text, images, graphics, and videos (excluding Owner-provided equipment listings).
  • Users are granted a limited, non-exclusive, non-transferable license to access and use the Platform for its intended purpose, subject to these Terms and Conditions. Users may not copy, reproduce, distribute, modify, display, or create derivative works of any content on the Platform without the express written consent of Vac Ex Dispatch Limited.
  • Users grant Vac Ex Dispatch Limited a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display any content they submit to the Platform (e.g., reviews, feedback) for the purpose of operating and promoting the Platform.
  • By listing equipment on the Platform, Owners grant Vac Ex Dispatch Limited a non-exclusive, royalty-free, perpetual, worldwide license to use all information and images provided in their listings (including but not limited to equipment descriptions, specifications, and photographs) for the purpose of advertising, marketing, and promoting the Platform and the services offered thereon.
  • Users shall not upload content which infringes on existing third-party intellectual property rights.

9. Data Protection

  • Vac Ex Dispatch Limited complies with all applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. The Company is committed to protecting the privacy and security of user data. See our privacy policy.
  • Vac Ex Dispatch Limited collects personal data from users when they register on the Platform, make Bookings, or contact the Company. This data may include names, contact details, payment information, and other information necessary for the operation of the Platform.
  • Vac Ex Dispatch Limited uses user data for the following purposes:
    • Providing and improving the Platform and its services.
    • Processing Bookings and payments.
    • Communicating with users.
    • Marketing and promotional activities (with user consent where required).
    • Complying with legal obligations.
  • Vac Ex Dispatch Limited takes appropriate technical and organizational measures to protect user data from unauthorised access, use, disclosure, alteration, or destruction.
  • Vac Ex Dispatch Limited retains user data only for as long as necessary to fulfil the purposes for which it was collected or as required by law.
  • Users have the right to access, rectify, erase, restrict the processing of, and object to the processing of their personal data. Users can exercise these rights by contacting Vac Ex Dispatch Limited at support@vacexdispatch.com.

10. Termination

  • Users may terminate their Account at any time by contacting Vac Ex Dispatch Limited at support@vacexdispatch.com.
  • Vac Ex Dispatch Limited may terminate a user's Account for any reason, including but not limited to:
    • Breach of these Terms and Conditions.
    • Fraudulent activity or misrepresentation.
    • Failure to pay Commission invoices.
    • Excessive cancellations or no-shows.
    • Providing false or misleading information.
    • Receiving negative feedback of a significant nature.
    • Any other conduct that Vac Ex Dispatch Limited deems detrimental to the Platform or its users.
  • Upon termination of an Account:
    • The user's access to the Platform will be revoked.
    • Any pending Bookings may be cancelled.
    • The user will remain liable for any outstanding obligations (e.g., unpaid Commission invoices).

11. Governing Law and Jurisdiction

  • These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
  • Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of England and Wales.

12. Changes to Terms and Conditions

  • Vac Ex Dispatch Limited reserves the right to modify these Terms and Conditions at any time, at its sole discretion. Such modifications may be necessary to reflect changes in law, business practices, or the functionality of the Platform.
  • Vac Ex Dispatch Limited will make reasonable efforts to notify users of any material changes to these Terms and Conditions. Notification may be provided via email, through the Platform, or by other means deemed appropriate.
  • Continued use of the Platform following the posting of modified Terms and Conditions constitutes acceptance of those changes.

13. Entire Agreement

  • These Terms and Conditions constitute the entire agreement between Vac Ex Dispatch Limited and the user relating to the subject matter herein and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

14. Mobile Application Specific Terms

  • App Store Terms: Users acknowledge that their use of the Platform's mobile application may be subject to the terms and conditions of the app store from which they downloaded the application (e.g., Apple App Store, Google Play Store).
  • Push Notifications: By using the Platform, users consent to receive push notifications from Vac Ex Dispatch Limited regarding Bookings, updates, and other relevant information. Users can manage their notification preferences in the app settings.
  • Location Services: The Platform may use location services to provide localized search results and other location-based features. Users can control their location sharing preferences in their device settings.

15. Force Majeure Event

  • Vac Ex Dispatch Limited will not be liable for delays in performing or failure to perform its obligations, if such delay or failure results from events beyond its reasonable control.

16. Third Party Links

  • The Platform may contain links to third-party websites or resources. Vac Ex Dispatch Limited is not responsible for the content or availability of these external sites.

17. Severance

  • If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.

18. Third Party Rights

  • A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If you have any questions about these Terms and Conditions, please contact us at support@vacexdispatch.com