The agreement between AttendIQ and organisations using the platform.
These Terms of Service ("Terms") form a binding legal agreement between AttendIQ ("AttendIQ", "we", "us") and the organisation that registers for or uses the AttendIQ platform ("Customer", "you").
By registering for the Service, clicking to accept these Terms, or using the Service, you confirm that you have authority to bind your organisation and that your organisation agrees to these Terms.
These Terms apply to the AttendIQ web platform, admin portal, and mobile application. Individual workers using the mobile app are subject to separate end-user terms presented at the point of registration in the app.
AttendIQ provides a construction workforce management platform ("the Service") including time and attendance tracking, competency and qualification management, digital inductions, supply chain management, digital forms, access control, and related features.
The features available to you depend on the subscription plan you have selected. Feature descriptions are published at attendiq.co.uk/features.
We may update, modify, or add to the Service from time to time. We will give reasonable advance notice of any change that materially reduces the functionality you are currently using. Routine updates, bug fixes, and security patches may be applied without notice and do not constitute a material change.
Each user account requires a unique email address. You are responsible for:
Multi-factor authentication is mandatory for all admin accounts and cannot be disabled. This is a security requirement, not an option.
You are liable for all activity carried out under your organisation's accounts, including activity by former employees until their accounts are deactivated.
Subscriptions are priced on a per-worker basis. Current pricing is published at attendiq.co.uk/pricing. All fees are in pounds sterling and exclusive of VAT, which will be added where applicable.
All subscriptions run on a 12-month rolling basis. Billing frequency is as set out in your Order Form or, where you sign up directly through the Service, as selected at checkout. The contract term is 12 months regardless of billing frequency; it is not a monthly rolling agreement.
Subscriptions automatically renew for successive 12-month periods unless either party gives written notice of non-renewal at least 30 days before the renewal date.
Payment is processed by our payment provider, Stripe. By providing payment details, you authorise us to charge the applicable fees for your subscription. Card and Direct Debit payments are taken at the start of each billing period. Invoices are issued at the start of each billing period and are due on receipt, unless your Order Form states different payment terms. Your paid subscription starts when your first payment is received or, where your Order Form grants payment terms, when your first invoice is issued.
At each renewal, we may increase your subscription price by up to the annual percentage change in the UK Retail Prices Index (RPI) plus 10 percentage points, applied to the price in effect immediately before that renewal. This adjustment applies automatically at renewal and does not require advance notice. Any increase beyond this cap requires at least 30 days' written notice before it takes effect.
Your plan covers the number of active workers stated in your Order Form or selected at checkout. We will notify you when you reach 90% of that allowance, and again when you reach it.
Once your allowance is full, no further workers can be registered until you add licences. Workers already registered are unaffected: they continue to clock in and work as normal, and we will never prevent an existing worker from recording their attendance because of your plan limit.
You can add licences at any time in Admin > Billing. Where you pay by card or Direct Debit, additional licences are charged pro-rata for the remainder of your current billing period and your plan continues at the new level thereafter. Where you are invoiced under an Order Form, contact us and we will agree either a pro-rata charge for the remainder of your current contract period or a new 12-month contract period at the higher allowance. We will not change your plan or contract period without your agreement.
If a payment is not received when due, we will notify you. If it remains unpaid 7 days after it was due, we will give you a final notice, and if it is still unpaid 7 days after that notice we may suspend access to the Service for your organisation until all overdue amounts are paid. We may choose to allow you longer, but are not obliged to. Your data is not affected by a suspension, and access is restored once payment is received. Accounts suspended for non-payment for more than 30 days may be terminated under clause 14.3.
Fees paid are non-refundable except where required by law, or at our sole discretion. Where a Customer terminates mid-contract, no refund of prepaid annual fees is due.
You agree to use the Service only for lawful business purposes and in accordance with these Terms. You must not:
We reserve the right to suspend or terminate access immediately, without notice, where we reasonably believe a material breach of this section has occurred or is ongoing.
The AttendIQ platform, including all software, design, content, trademarks, and underlying technology, is the intellectual property of AttendIQ and its licensors. Nothing in these Terms transfers any intellectual property rights to you.
These Terms grant you a non-exclusive, non-transferable, revocable licence to access and use the Service during the subscription term, solely for your internal business purposes.
Your data: you own all data, content, and records you input into the platform. AttendIQ claims no ownership over your data or your workers' data. You grant AttendIQ a limited licence to process that data solely as necessary to provide the Service.
Suggestions, feedback, or ideas you share with us regarding the Service may be used by AttendIQ to improve the platform without any obligation to you.
You (the Customer) are the data controller for personal data you upload to and manage within the platform. AttendIQ is the data processor, acting only on your instructions.
Our Data Processing Addendum ("DPA"), which satisfies the requirements of Article 28 of the UK GDPR, is incorporated into these Terms. The DPA governs all processing of personal data by AttendIQ on your behalf. By accepting these Terms, you also accept the DPA.
You are responsible for:
AttendIQ uses sub-processors to operate the platform. A current list is available at attendiq.co.uk/sub-processors. We will give at least 14 days' notice of any material change and you may object in writing within that period. If we cannot accommodate a reasonable objection, you may terminate the agreement without penalty.
Each party will keep the other's confidential information strictly confidential, use it only for the purposes of the agreement, and not disclose it to any third party without prior written consent, except:
This confidentiality obligation survives termination of the agreement for 5 years. In respect of special category personal data, it survives indefinitely.
We aim to keep the Service available at all times and use reasonable endeavours to minimise any interruption. The Service may occasionally be unavailable, including for:
We do not guarantee any specific level of availability and do not offer service credits. To the extent permitted by law, AttendIQ is not liable for any loss arising from temporary unavailability of the Service, and our total liability is in any event subject to clause 12.
Where resources are constrained or an incident is being handled, paid subscribers are prioritised over accounts on the Foundation plan or a free trial.
AttendIQ warrants that the Service will be performed with reasonable skill and care, and that it has and will maintain all necessary licences, consents, and permissions necessary to perform its obligations under these Terms.
The warranty above does not apply to the extent any non-conformance is caused by use of the Service contrary to our instructions, or by modification of the Service by any party other than AttendIQ. If the Service does not conform with the warranty, AttendIQ will, at its own expense, use reasonable commercial endeavours to correct the non-conformance promptly or provide an alternative means of achieving the same result. This correction is your sole and exclusive remedy for breach of this warranty.
Except as expressly set out in these Terms, the Service is provided "as is." AttendIQ does not warrant that the Service will be uninterrupted or error-free, or that it will meet requirements not expressly agreed in writing. All other conditions, warranties, and terms implied by statute or common law, including satisfactory quality and fitness for a particular purpose, are excluded to the fullest extent permitted by law. AttendIQ is not responsible for delays or losses resulting from your own network, telecommunications, or internet connectivity.
Each party warrants that it will comply, and will procure that its personnel comply, with the Bribery Act 2010, and will not engage in any activity, practice, or conduct that would constitute an offence under that Act in connection with these Terms.
Each party warrants that it will comply with the Modern Slavery Act 2015, including maintaining policies and procedures to identify and prevent slavery and human trafficking in its own business and, so far as reasonably practicable, in its supply chain.
Breach of this clause by either party is a material breach for the purposes of clause 14.3.
Nothing in these Terms limits or excludes liability for:
Subject to clause 12.1, for customers on a paid subscription (Essential or Complete), AttendIQ's total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by you to AttendIQ in the 12 months immediately preceding the event giving rise to the claim.
Subject to clause 12.1, for customers on the Foundation plan or a free trial, AttendIQ's total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, shall not exceed £100. The Foundation plan and free trials are provided free of charge and AttendIQ's liability is limited accordingly. If you require greater protection, you should upgrade to a paid subscription.
Subject to clause 12.1, neither party shall be liable to the other for any of the following, whether direct or indirect, even if advised of the possibility:
You acknowledge that the subscription fees (or absence thereof for Foundation and free trial customers) reflect the allocation of risk set out in this clause, and that AttendIQ would not have entered into this agreement on materially different terms.
You agree to indemnify, defend, and hold harmless AttendIQ and its directors, employees, and agents from and against any claims, losses, damages, liabilities, and reasonable legal costs arising from:
AttendIQ will, at its own expense, defend you against, or at its option settle, any claim that your use of the Service in accordance with these Terms infringes the intellectual property rights of a third party in the United Kingdom ("Infringement Claim"), and will be responsible for reasonable losses, damages, costs, and expenses incurred by or awarded against you as a result. This indemnity does not apply to the extent an Infringement Claim arises from your use of the Service other than in accordance with these Terms, modification of the Service not approved by AttendIQ in writing, or your own data or content.
This indemnity is conditional on you: notifying AttendIQ in writing as soon as reasonably practicable of any Infringement Claim; not admitting liability or agreeing any settlement without AttendIQ's prior written consent; and giving AttendIQ sole conduct of the defence and settlement of the claim, with your reasonable assistance at AttendIQ's expense.
If an Infringement Claim is made or AttendIQ reasonably believes one is likely, AttendIQ may, at its own expense and discretion, procure the right for you to continue using the Service, replace or modify the affected part of the Service so it becomes non-infringing, or, where neither option is reasonably available, terminate the affected subscription on 30 days' notice without further liability to you beyond a pro-rated refund of prepaid fees for the terminated period. This clause states AttendIQ's entire obligation and your sole and exclusive remedy for intellectual property infringement.
These Terms remain in effect for the duration of your subscription and any renewals.
Either party may terminate by giving written notice at least 30 days before the end of the then-current 12-month contract period. Termination takes effect at the end of that contract period. Notice must be given in accordance with clause 15.7, which for customers who subscribed directly through the Service includes cancellation through your account.
We may terminate or suspend the Service with immediate effect if:
On termination:
Where we terminate under clause 14.3, in addition to any other sums due, you shall immediately pay AttendIQ, as agreed damages and not as a penalty, an amount equal to the subscription fees that would otherwise have fallen due for the remainder of the then-current 12-month contract period had the agreement not been terminated, together with any reasonable costs incurred by AttendIQ in recovering sums owed.
Neither party is liable for failure or delay in performing its obligations caused by events genuinely beyond that party's reasonable control, including natural disasters, acts of government, widespread internet outages, or third-party cyberattacks despite reasonable security measures. The affected party must notify the other promptly and take reasonable steps to mitigate the impact. Obligations that are merely more expensive to perform do not qualify.
We may update these Terms from time to time. We will give at least 30 days' notice of any material change. Continued use of the Service after the notice period constitutes acceptance of the revised Terms. If you do not accept a material change, you may terminate the agreement without penalty by giving notice before the change takes effect.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to any entity that acquires substantially all of our business, provided we give you reasonable notice and the acquiring entity assumes all obligations under these Terms.
These Terms, together with any order form and the Data Processing Addendum, constitute the entire agreement between the parties regarding the Service and supersede all prior representations, negotiations, and agreements. Neither party has relied on any representation not expressly set out in these Terms.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited to the minimum extent necessary and the remaining provisions will continue in full force and effect.
Failure to enforce any provision of these Terms does not constitute a waiver of the right to enforce it subsequently.
Notices to AttendIQ under these Terms must be given in writing by email to hello@attendiq.co.uk.
Where you subscribed directly through the Service (without a signed Order Form), notice of non-renewal or termination for convenience may instead be given through the cancellation function in your account (Admin > Billing). Notice given through the Service is deemed written notice, takes effect on the date it is submitted, and will be confirmed to you by email.
Where you have signed an Order Form, notice of non-renewal or termination for convenience must be given by email as set out above, and the notice period stated in your Order Form applies.
Notices to you will be sent to the email address associated with your account and are deemed received on the next business day after sending.
We may identify you by name and logo as a customer on our website and in our marketing materials. Case studies and quotes attributed to you require your separate written approval. You may withdraw this permission at any time by email to hello@attendiq.co.uk, and we will remove your name and logo within 30 days.
These Terms are governed by and construed in accordance with the laws of England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales for any dispute arising out of or in connection with these Terms.