Local Heroes – Trader Terms of Use

Last modified on 17th July 2023

Where we refer to “we”, “us” or “our” 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”, we mean you, your employees, contractors and anyone who performs services on your behalf. Reference to “Services” means the work performed by you following a request from a customer through the Local Heroes platform.

The agreement between us includes these Terms of Use, our Information Transparency Policy, our Complaints Handling Policy, the Trader Privacy Policy, all as linked here and also made available on the Local Heroes Trader portal. Together these documents set out the legally binding agreement (the “Agreement”) between you and us.

You automatically agree to this Agreement simply by applying to become a Local Hero.

For details on how we use your personal data, please see our Trader Privacy Notice.

Please note that we may amend these Terms of Use and any other parts of the Agreement between us from time to time. We will notify you by email of any proposed significant changes. For more information on this please see clause 18 below.

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 and anyone completing Services on your behalf have and continue to hold and maintain:

• 1.1 all the qualifications that are necessary to complete the Services;
• 1.2 all insurance policies of the type and amounts specified by us; and
• 1.3 the right to work in the UK.

You shall keep records confirming the continued compliance by you of this clause and permit us access to these records in accordance with clause 20. You must provide us with a certificate of insurance within seven days of request. You shall not allow anyone to perform Services who does not meet the requirements of these terms and in the event of any changes to the skills, qualifications and/or insurance you confirm as being held by you in your application, or if you no longer have the right to work in the UK, you must let us know as soon as possible and in any case before you carry out any further Services. You agree to comply with any reasonable request by customers to evidence identification and applicable trade accreditations and qualifications.

2. Status

You shall be fully responsible for the provision of the Services on your own behalf and not in any circumstances act as our agent. There will be no liability on us as a result of any breach of any third-party agreement or your negligence. The relationship that you hold with us is that of an independent trader. Nothing in these terms shall render you an employee, worker, agent or partner of Local Heroes and you shall not present yourself as such. You are responsible for all tax and national insurance contributions in respect of payment by the customer for the Services you have provided.

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. If we have any concerns as to your ongoing VAT status, we reserve the right to suspend allocating you jobs from the Local Heroes platform in accordance with clause 15 below whilst we investigate.

4. Work requests

We will notify you of requests for work which match the services you offer, in the location/s in which you confirm you operate. If you confirm via the Local Heroes platform or app that you are available for the work, and you are matched with a request, you are free to accept or decline it. The basis on which we offer work is at our sole discretion. For more information on how we make these decisions please see our Information Transparency Policy.

If you are offered the work and accept it, you must provide a formal quote which should be accepted through the Local Heroes platform before you start work.

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 the Services. We therefore recommend you assess each request for work and carry out any checks and/or risk assessments you deem necessary before you start the Services. You should not agree to any work you cannot legally and safely carry out.

5. Quality

The Services should be carried out to the satisfaction of the customer and in accordance with your terms of business and all applicable laws and regulations. You agree:

• 5.1 to use the highest standard of skill and care ordinarily exercised by experienced and competent traders performing services of a similar nature;
• 5.2 that goods and materials you provide will be of satisfactory quality and fit for their common or specified purpose; and
• 5.3 to evidence, if required, that you have taken suitable and sufficient steps to control the risks from the tasks you are carrying out. This is a legal requirement on you and cannot be delegated to others. These controls will include having available appropriate equipment and materials to safely undertake work, as well as acquiring appropriate competencies to ensure that you understand the risks and how to control them.

6. Call out fees and diagnostic work

You must not charge call out fees. If we find evidence of you doing so, we reserve the right to suspend or terminate you from the platform in accordance with clause 15 below. You may charge a fee where it is not possible to identify or locate a problem without extensive investigation work. In such circumstances you should provide the customer with a quote for the diagnostic work and should not begin until the quote has been agreed.

7. Payment and disputes

• 7.1 Payment from the customer: Customers should make payment for the work via the link in the email sent to them on completion which will take them to an independent third party payment processor. You must not attempt to collect payment for the work from the customer directly unless clause 7.3 applies.
• 7.2 What Local Heroes Make: The table below shows what Local Heroes will make for every job completed by you. The amount will vary depending on the value of the job. We reserve the right to change these amounts and if we do we will notify you of such changes in accordance with clause 18. If you no longer wish to use the service after this time, please do not accept any more jobs through the platform and notify us.

Job Value	Amount Local Heroes receives from customer
£0 - £499	20%
£500 - £999	£100
£1,000 +	£150

• 7.3 Customer debt: In the event the customer fails to make payment within 28 days, you may seek collection of the sums due to you from the customer. In these circumstances, we have the right to waive the amount payable to us by the customer. You must not, under any circumstances, seek to collect any sums due to us in addition to the amount owed to you by the customer for the Services. See also the Trader Commercial Terms.
• 7.4 Payment to you: Payment is made using the Stripe Connect Platform (“Stripe”), our payment processing service provider. Payment processing services for all traders using the Local Heroes platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to accept work via Local Heroes, you agree to complete the Stripe account process and be bound by the Stripe Agreement. Where Stripe requires further information to approve your application, you agree to provide it as soon as reasonably possible. As a condition of Local Heroes enabling payment processing services through Stripe, you must provide Local Heroes and/or Stripe with accurate and complete information about you and your business. As part of the performance of the Services, Local Heroes will share with Stripe such information together with any transaction information related to your use of the payment processing services provided by Stripe. We will only share the information in accordance with our Trader Privacy Notice and Information Transparency Policy. You will need to set up and keep up to date a Stripe account in order to receive payment. The funds from your Local Heroes Stripe account will be transferred into your nominated account on the Friday of the week following job completion, provided the customer has paid and your Stripe account is updated and able to send payments. If the customer has not paid within 28 days of the date of the repair, you may seek to recover the debt directly from the customer and we will waive any sums that the customer should have paid us.
• 7.5 Disputes and chargebacks: In the event of a dispute or chargeback, we will investigate (where relevant in accordance with our complaints process set out in clause 13 below) and take any action we consider appropriate.
• 7.6 Account access: You should ensure that only you, or your authorised delegate, is able to access your Local Heroes Toolbox account, where access is available to your Stripe account, and that you and/or they keep your log-in information secure and do not share it with anyone. We will not be liable for any losses you incur as a result of any unauthorised access due to your failure to keep your details safe.
• 7.7 Suspension or termination by Stripe: Stripe will decide whether or not to provide its services. Stripe has the ability to suspend or terminate the provision of the services in accordance with the Stripe Services Agreement and Stripe will notify you via the Toolbox platform of such suspension or termination.
• 7.8 Fraud and complaints: Where we know or suspect there has been fraudulent payment activity or customer complaints in relation to services you have provided, we reserve the right to request Stripe to suspend payments whilst we investigate. Please review our Complaints Handling Policy as linked and provided on the Local Heroes platform for more information.

8. Additional and follow up work

If a customer you have been introduced to through Local Heroes requests additional or follow up work at any time, you agree to ensure that such work is placed through the Local Heroes platform. If we suspect or are made aware that you are not doing so, we reserve the right to suspend or remove you from the service in accordance with clause 15 below.

9. 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, but neither do you have to accept any work offered.

10. Inactivity

If you have not indicated that you are available for work for a period of 28 days, then we reserve the right to turn off your alerts. This means that you will remain on the platform, but you will no longer receive notifications when a job is available in your area. We will write to you by email to let you know before we turn the alerts off, and if at any time you want to start receiving notifications again, just let us know.

11. Substitute

In principle, you may appoint a suitably qualified and skilled substitute to perform the Services on your behalf. If you wish to do this, you will need to ensure all of the following criteria are met:

• 11.1 we vet the substitute and give you approval for using the substitute before they start working on the Services;
• 11.2 the customer gives approval for using the substitute before they start working on the Services; and
• 11.3 they enter into an agreement with you which contains the same terms as this Agreement and they comply with that agreement.

Even though you have organised for a substitute to do the work, 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 including any tax deduction or other withholding/reporting obligations that may apply when making such payments. We recommend you seek appropriate professional advice if you are unsure of your responsibilities when using a substitute.

12. 12-month guarantee

The work you carry out and the parts you fit will be guaranteed by us 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 notify the customer and specify this on the quote and the customer should agree before you start work.

13. Complaints

Customers are encouraged to resolve complaints with you, though if necessary, we will provide assistance. In the event a customer complains to you, you agree to attend the property and carry out any remedial work necessary at your own cost. If a customer complains directly to us, we will ask you to resolve the issue. Where we have to resolve an issue for a customer as part of our 12-month guarantee backed by British Gas, we will request information from you and you must facilitate any such requests. If you’re not satisfied with us, you can raise a complaint in line with our Complaints Handling Policy. 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.

14. 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:

• 14.1 any breach by you of this Agreement;
• 14.2 any breach in relation to Stripe Agreement (where applicable); and
• 14.3 any customer complaints.

We shall not be liable to you for loss of profits, business, depletion of goodwill (or similar losses), anticipated savings, goods, contracts, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. Nothing in these Terms of Use limits or excludes liability of either party for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or wilful misconduct by the other.

15. Restriction, suspension, or termination

We reserve the right to restrict, suspend or terminate your use of the Local Heroes platform if: a) there are any questions over the quality of the Services; b) you breach this Agreement, or c) we wish to do so provided that we give you notice.

If we restrict or suspend your access to the Local Heroes platform (or any part of it) because of the quality of the Services or because you have breached this Agreement, we will provide you with a clear explanation of our reasons for doing so (including referencing any specific relevant facts and circumstances, along with the applicable grounds we’re relying on to do so) by email before the date on which the restriction or suspension becomes effective, in order to give you the opportunity to clarify the facts and circumstances.

If we terminate your access to the Local Heroes platform or this Agreement, we will provide you with a statement setting out our reasons for that decision (including referencing any specific relevant facts and circumstances, along with the applicable grounds we’re relying on to do so) by email at least 30 days before termination takes effect, except where:

• 15.1 we are obliged by a legal or regulatory obligation to terminate the provision of the Local Heroes platform or this Agreement; or
• 15.2 you have repeatedly infringed your obligations under this Agreement.

If either of 15.1 or 15.2 apply we will provide you with reasonable notice in the circumstances (if we can) and the statement of reasons for that decision by email as soon as reasonably possible.

You may clarify the facts that led to any restriction, suspension or termination using our Complaints Handling Policy.

You are under no obligation to accept work and are free to leave Local Heroes at any time. If you no longer wish to be offered work by Local Heroes, you should notify us immediately and we will remove you from the Local Heroes platform.

Please note that you will continue to be bound by clauses 13, 14 and 17 in relation to Services completed prior to your removal from the Local Heroes platform even after termination of this Agreement.

16. Brand

The intellectual property in the British Gas and Local Heroes brands, logos and Local Heroes platform belongs to us. You are not permitted to use the Local Heroes or British Gas brand and/or our trade marks without our express written consent.

Your decision to enter into this Agreement with us has no impact on the ownership of the intellectual property rights in any brand, logo or website that you own.

If you choose to upload your logo or any other intellectual property belonging to you or your business onto the Local Heroes platform, this means you grant us a royalty free licence to use your intellectual property in this way on the Local Heroes platform. We will not use your brand logo or any intellectual property belonging to you in any other way without your express written consent.

17. Representations, undertakings, and warranties

By entering into this Agreement, you confirm that you have full power and capacity to execute, deliver and perform your obligations under this Agreement, and that:

• 17.1 you have, and will maintain, all qualifications, licences and materials required to provide the Services;
• 17.2 you shall not infringe the intellectual property rights (including patents, copyright, trade marks, design rights and rights to apply to any of the foregoing) of us or any other third party when performing your obligations;
• 17.3 you will comply with all applicable laws and governmental rules, regulations and orders including but not limited to the UK Bribery Act 2010 at all times. Any failure to comply will be a serious breach of this Agreement and we reserve the right to request Stripe to suspend processing payments to you and terminate this Agreement if you do this;
• 17.4 the Services you provide will comply with all laws and regulations applicable and relevant, and will be formulated, designed, constructed, finished and/or performed as to be fit for the purpose for which they are intended, of satisfactory quality, safe and without risk to health;
• 17.5 where your business is established as a limited or public limited company, you are listed as a director on Companies House and all other information held on Companies House reflects the information you provide to us (e.g. company registration number, director(s) name(s), trading address, company name); and
• 17.6 you are at least 18 years old.

Without prejudice to our other rights and remedies, where any breach of this clause 17 is capable of being remedied by you, you shall remedy the same in a timely manner and meet all the costs associated with doing this.

18. Modifying or varying the service

Please note that we may amend these Terms of Use and any other parts of this Agreement from time to time. We will notify you by email of any changes. Except in the limited situations described below, the proposed changes will not apply until at least 15 days from the date on which we notify you about them (and we will set out the date that the changes will apply from in the relevant notification).

Situations where the 15-day notice period will not apply

• 18.1 If a change(s) to this Agreement means that you then need to make technical or commercial adjustments in order to comply with this Agreement, we will always give you a longer notice period before the change(s) apply.
• 18.2 In certain situations we will not be able to give you the full 15-day notice of changes. For example, where:
  • (a) we are subject to a legal or regulatory obligation which requires us to change this Agreement in a way which does not allow us to give you that length of notice period; or
  • (b) we need to change this Agreement to address an unforeseen and imminent danger that relates to defending our Local Heroes platform and our traders and customers from fraud, malware, spam, data breaches or other cybersecurity risks.

Whenever we notify you of a proposed change to this Agreement, you will have the right to terminate this Agreement before expiry of the notice period. If you do wish to terminate please let us know during that period. The termination will then take effect 15 days from when we receive your request to terminate.

You may also choose to give up your right to terminate by either letting us know in writing, or by taking a clear affirmative action that you accept the change to this Agreement. For example, accepting new work requests during the notice period will be considered by us as clear affirmative action that you wish to give up your termination right, and accept the changes to this Agreement. Please note this does not apply if we have given you more than 15 days’ notice in accordance with clause 18.1.

19. 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 Services and for no other purpose whatsoever. When we provide you with customer information, you become the data controller of that information, and you shall, at all times and in all respects, comply with data protection and privacy laws in respect of it. If you receive a question or complaint from a customer about the personal data you process about them, or from a regulator, you are responsible for dealing with it. If you receive a question or complaint about our processing activities, you shall refer the question or complaint to us promptly at privacy@centrica.com, and you shall not respond to it other than to say that you have referred it to us.

20. Records and audit access

You shall maintain accurate records relevant to:

• 20.1 your continued compliance with clause 1; and
• 20.2 the Services you have completed;

and upon request permit us access to such records. You shall keep your records in good condition for a period of no less than seven years from completion of the Services.

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.

21. Assignment

We reserve the right to reassign or otherwise transfer the jobs given to you as a result of working with us in whole or part to another trader.

22. Local Heroes Boilers

• 22.1 You are responsible for specifying all parts required for the installation at the time of creating the quote. If you make any additions to the quote after the customer has accepted it and do not get a further acceptance from the customer, you will be liable for any such additions.
• 22.2 Where a customer accepts the quote and pays the deposit, we will notify you that the installation is ready to proceed and we will make any core materials specified in the referral available for your collection from a merchant. It is your responsibility to collect these core materials within 14 days of notification of their availability.
• 22.3 If the customer decides not to go ahead with the installation after you have collected the materials, you must return those materials to the same merchant from which they were collected within 48 hours of your receiving notice of the customer’s withdrawal. Until the installation is complete, any core materials in your possession remain our property and are held by you at your own risk.
• 22.4 On completion of the installation, you must provide us with the serial number of the boiler. We will register the installation of the boiler with the manufacturer. You accept that you will not be able to claim any additional rebates or incentives from the manufacturer in relation to the boiler or its installation.

23. Bring your own boiler customer

• 23.1 This is a feature that allows you to connect a customer with us so that we can offer them a quote direct for a boiler, and if they accept and the installation goes ahead, you may be entitled to receive cash back. See Boiler Cashback Offer - Local Heroes for further details including boilers that qualify for this offer. You must enter the customer’s details in Toolbox and ensure that they consent to your sharing those details with us. We will then send the customer a quote by email. We will then allocate the boiler installation job to you and you can go ahead and quote the customer using the Local Heroes platform.
• 23.2 The installation must be completed in accordance with these terms and in particular clause 22 above. The customer will be responsible for payment for the boiler and we will invoice them direct.
• 23.3 Once the installation has been completed and paid for, you will receive your cashback payment for the installation within the next three months. This offer may be withdrawn at any time.

24. General

This Agreement constitutes the entire agreement between us and supersedes all prior communications, representations, warranties, stipulations and agreements between us. You agree that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in this Agreement.

If any parts of this Agreement are held to be illegal or unenforceable, the rest of this 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 this Agreement shall confer, or is intended to confer, on any benefit or right to enforce any term on a third party.

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) is governed by and construed at all times in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the courts of England.