Version 1.0 | Effective Date: [DATE]

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In these Terms and Conditions, the following definitions apply:

"App" means the Trusted Payments mobile application available on iOS and Android platforms;
"Consumer" means the party engaging the Trade for the performance of Works;
"Customer Protection Account" means the secure escrow account operated by the Dispute Resolution Ombudsman holding 10% of the Contract Sum;
"Contract Sum" means the total sum payable by the Consumer to the Trade for the Works as agreed through the App;
"Dispute Resolution Ombudsman" means the independent third party appointed to resolve disputes arising under this agreement;
"Handover Documentation" means all documents, certificates, warranties, operating manuals, and completion certificates required for the proper handover of completed Works;
"Insurance Backed Warranty" means the warranty protection provided where Trades fail to remedy defects as directed by the Dispute Resolution Ombudsman;
"Milestones" means the payment stages set by the Consumer through the App corresponding to specific completion stages of the Works;
"Platform" means the Trusted Payments service platform including the App and associated services;
"Project" means the construction, installation, or works commissioned by the Consumer through the App;
"Service Provider" means [Company Name], the operator of the Trusted Payments Platform;
"Trade" means the contractor, tradesperson, or service provider engaged to perform the Works;
"Works" means the construction, installation, repair, or other work to be executed by the Trade as specified in the Project details.

1.2 Interpretation

References to statutory provisions include any subsequent amendments or re-enactments. Headings are for convenience only and do not affect interpretation.

2. APPLICATION AND ACCEPTANCE

2.1 Scope of Application

These Terms apply to all use of the Trusted Payments Platform and govern the relationship between Consumers, Trades, and the Service Provider.

2.2 Agreement Formation

A binding agreement is formed when the Consumer creates a Project specification through the App, the Trade accepts the Project terms, and both parties accept these Terms and Conditions. The Trade may accept these Terms either through use of their version of the App or by clicking acceptance links provided in email communications from the Platform.

2.3 Platform Availability and Access Methods

The App is available for download on iOS App Store and Google Play Store for Consumer use. Consumers must use the App to create Projects and manage communications. Trades may respond to Projects and manage their obligations either through their dedicated version of the App or via email communications with the Platform. Use of either method requires acceptance of these Terms. When Trades respond via email, they are bound by these Terms through their acceptance of email-based terms and conditions links.

3. PROJECT MANAGEMENT AND EXECUTION

3.1 Project Specification

The Consumer shall provide through the App a detailed specification of Works required, timeline for completion, Contract Sum, milestone payment schedule, and any special requirements or conditions.

3.2 Trade Obligations

The Trade undertakes to execute the Works in accordance with the specification and to use materials and workmanship of the quality specified. The Trade shall complete Works by the agreed completion date and provide all necessary Handover Documentation. The Trade must comply with all applicable building regulations and standards and maintain appropriate insurance coverage throughout the performance of the Works.

3.3 Consumer Obligations

The Consumer shall provide accurate Project specifications and ensure reasonable access to the Works location. The Consumer must make payments according to the agreed Milestone schedule and cooperate reasonably with the Trade's performance of Works.

4. FINANCIAL PROTECTION AND PAYMENTS

4.1 Customer Protection Account

Ten percent of the Contract Sum shall be held in the Customer Protection Account by the Dispute Resolution Ombudsman. These funds are held securely and are protected and ring-fenced for consumer protection purposes. Release requires either mutual agreement or Ombudsman determination. Upon Project completion, the Consumer may request that Trusted Payments deduct amounts from the Customer Protection Account funds for legitimate claims before release to the Trade.

4.2 Milestone Payment System

Consumers set payment Milestones corresponding to work completion stages through the App. Payments are released upon Consumer confirmation of Milestone completion through the Platform. In case of dispute, Milestone payments may be suspended pending resolution. Final payment excluding Customer Protection Account funds releases upon satisfactory handover of completed Works. The Customer Protection Account funds remain available for Consumer claims even after Project completion, subject to appropriate substantiation and Platform assessment procedures.

4.3 Payment Processing

All payments are processed securely through the Platform's integrated payment systems in accordance with applicable financial regulations.

4.4 Service Costs and Refund Policy

The costs of the Trusted Payments service may be paid by the Consumer, the Trade, or a partner organisation as agreed at the time of Project initiation. Once the Trusted Payments service has been accessed and utilised for a Project, the service fees are non-refundable under any circumstances. This non-refund policy applies regardless of Project completion status, dispute outcomes, or any other circumstances that may arise during or after the performance of Works.

5. COMMUNICATIONS AND RECORD KEEPING

5.1 Communication Recording and Methods

All communications between Consumers and Trades through the Platform are recorded and form part of the Project documentation. Consumers must communicate through the App, while Trades may communicate either through their version of the App or via email responses to Platform communications. All communication methods are recorded and monitored. These records may be used as evidence in arbitration proceedings. Users consent to communication monitoring and recording as a condition of Platform use regardless of their chosen communication method.

5.2 Documentation Standards

Both parties must maintain proper records of work progress and completion, any variations or changes to original specification, issues or concerns raised during performance, and all relevant certificates and approvals.

6. PROJECT COMPLETION AND HANDOVER

6.1 Completion Requirements

A Project is deemed complete when: (a) All Works have been executed in accordance with the specification; (b) All defects identified during inspection have been remedied; (c) Complete Handover Documentation has been provided; (d) Consumer has confirmed satisfactory completion through the App.

6.2 Handover Documentation

The Trade must provide: (a) Completion certificates; (b) Material warranties and guarantees; (c) Operating and maintenance instructions; (d) Relevant building regulation approvals; (e) Any other documentation reasonably required for proper handover.

6.3 Final Payment Release

Upon satisfactory completion and handover, the Customer Protection Account funds are released to the Trade unless a dispute is pending.

7. DISPUTE RESOLUTION PROCEDURE

7.1 Dispute Initiation

Either party may initiate a dispute through the App by: (a) Clearly stating the nature of the dispute; (b) Providing supporting evidence; (c) Attempting initial direct resolution through recorded Platform communications.

7.2 Ombudsman Process

The Dispute Resolution Ombudsman shall: (a) Review all Project documentation and communications; (b) Consider evidence from both parties; (c) May arrange site inspections or expert assessments; (d) Issue binding determinations within reasonable timeframes; (e) Have authority over Customer Protection Account fund distribution.

7.3 Binding Determinations

Ombudsman determinations are binding on both parties and may include: (a) Orders for remedial work; (b) Directions for payment release; (c) Time limits for compliance; (d) Recommendations for resolution.

8. INSURANCE BACKED WARRANTY

8.1 Warranty Trigger

The Insurance Backed Warranty becomes available when: (a) The Dispute Resolution Ombudsman has found in favour of the Consumer; (b) The Trade has failed to comply with Ombudsman recommendations within the specified timeframe; (c) The Consumer has provided reasonable opportunity for compliance.

8.2 Warranty Process

Upon warranty activation: (a) An independent surveyor will assess the cost of remedial work; (b) The warranty provider will be notified of the claim; (c) Warranty coverage will be requested in accordance with the surveyor's assessment; (d) Claims are processed according to the warranty terms and conditions.

8.3 Warranty Limitations

Warranty coverage is subject to the terms and conditions of the insurance policy and may exclude certain types of damage or circumstances.

9. LIABILITY AND INSURANCE

9.1 Service Provider Liability

The Service Provider's liability is limited to the proper operation of the Platform and does not extend to: (a) Quality or completion of Works; (b) Trade performance or competence; (c) Compliance with building regulations; (d) Fitness for purpose of completed Works.

9.2 Insurance Requirements

Trades must maintain appropriate insurance including: (a) Public liability insurance (minimum £2,000,000); (b) Professional indemnity insurance where applicable; (c) Employer's liability insurance where employees are engaged.

9.3 Platform Liability Cap

Service Provider liability under these Terms is capped at the greater of £10,000 or the Contract Sum for the relevant Project.

10. DATA PROTECTION AND PRIVACY

10.1 Data Processing

Personal data is processed in accordance with the Service Provider's Privacy Policy and applicable data protection legislation.

10.2 Communication Records

Users consent to the recording and storage of Platform communications for dispute resolution and service improvement purposes.

10.3 Data Retention

Project data and communications are retained for a minimum of 6 years following Project completion for warranty and legal purposes.

11. PLATFORM TERMS

11.1 User Accounts

Users are responsible for: (a) Maintaining account security; (b) Providing accurate information; (c) Promptly updating any changes to circumstances; (d) Complying with Platform usage policies.

11.2 Prohibited Uses

Users must not: (a) Use the Platform for illegal purposes; (b) Circumvent Platform payment systems; (c) Provide false or misleading information; (d) Interfere with Platform operation or security.

11.3 Account Suspension

The Service Provider may suspend accounts for breach of Terms or inappropriate use.

12. VARIATIONS AND AMENDMENTS

12.1 Project Variations

Changes to Project specification must be agreed through the Platform and may affect: (a) Contract Sum; (b) Completion dates; (c) Milestone schedules; (d) Customer Protection Account arrangements.

12.2 Terms Amendments

These Terms may be updated periodically with reasonable notice to users.

13. TERMINATION

13.1 Project Termination

Projects may be terminated by: (a) Mutual agreement; (b) Material breach by either party; (c) Service Provider determination for Platform abuse.

13.2 Consequences of Termination

Upon termination: (a) Customer Protection Account funds are dealt with according to the circumstances; (b) Completed work must be paid for; (c) Outstanding disputes proceed to resolution.

14. GENERAL PROVISIONS

14.1 Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes, claims, or controversies arising from or relating to these Terms, the Platform, or your use of the services shall be subject to the exclusive jurisdiction of the courts of England and Wales. However, this does not affect your statutory rights as a consumer under applicable consumer protection legislation.

14.2 Dispute Resolution, Arbitration Agreement, and Consumer Rights

ARBITRATION AGREEMENT AND WAIVER OF COURT RIGHTS: For disputes arising from or relating to Projects managed through the Platform, both Consumers and Trades agree to binding arbitration through the Dispute Resolution Ombudsman as the exclusive method of dispute resolution. BY ACCEPTING THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO COURT PROCEEDINGS, JURY TRIALS, AND OTHER LEGAL REMEDIES FOR PROJECT-RELATED DISPUTES. This arbitration agreement is governed by the Arbitration Act 1996. Scope of Arbitration: The following disputes must be resolved through arbitration: disputes regarding Work quality, completion, or compliance with specifications; payment disputes related to Milestones or final payments; claims under the Insurance Backed Warranty; and any other disputes arising from the performance or non-performance of Works contracted through the Platform. Exceptions to Arbitration: The following matters are NOT subject to arbitration and may be pursued through appropriate legal channels: disputes regarding the Platform's operation or these Terms themselves (as opposed to Project-specific disputes); intellectual property claims; data protection violations; and statutory consumer rights that cannot be waived under applicable law. Consumer Protection: For consumers, this arbitration agreement does not affect your statutory rights under the Consumer Rights Act 2015 or other applicable consumer protection legislation where such rights cannot be waived by contract. If you are a consumer based in the European Union, United Kingdom, Switzerland, Norway, or Iceland, you retain access to alternative dispute resolution services and may submit disputes via the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr for matters outside the scope of the mandatory arbitration.

14.3 Severability and Partial Invalidity

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. In such cases, the invalid provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be deemed severed from these Terms. The remaining provisions shall continue in full force and effect unless the severed provisions are essential to the agreement or would result in an unacceptable hardship to either party.

14.4 Force Majeure and Service Interruptions

Neither party shall be liable for any failure to perform or delay in performance under these Terms that is due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, labour disputes, government actions, epidemics, internet service provider failures, or other telecommunications or technology failures (each, a "Force Majeure Event"). The affected party shall promptly notify the other party of any Force Majeure Event and use reasonable efforts to mitigate its effects. Performance shall be suspended only for so long as the Force Majeure Event continues, and the affected party shall resume performance as soon as reasonably practicable after the Force Majeure Event ceases.

14.5 Assignment and Transfer of Rights

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section shall be null and void. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets, provided that such assignment does not materially adversely affect your rights under these Terms. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.

14.6 Entire Agreement and Integration

These Terms, together with our Privacy Policy, warranty terms, and any additional terms applicable to specific services, constitute the entire agreement between you and us concerning the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties. No amendment to these Terms shall be effective unless in writing and signed by both parties, except that we may modify these Terms in accordance with the procedures set forth herein.

14.7 Notices and Communications

All notices, demands, and communications required or permitted under these Terms must be in writing and shall be deemed given when delivered through the Platform's messaging system, sent to your registered email address with confirmation of receipt, or delivered by registered mail to your last known address. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We may also communicate with you through push notifications, SMS messages (where you have opted in), or other electronic means available through the Platform.

14.8 Waiver of Rights

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the party against whom the waiver is sought to be enforced. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies provided by law.

14.9 Survival of Terms

Upon termination of these Terms or your use of the Platform for any reason, the following sections shall survive: Definitions (Section 1), Customer Protection Account provisions (Section 4.1), Warranty terms (Section 8), Liability and Insurance (Section 9), Data Protection and Privacy (Section 10), and these General Provisions (Section 14). All payment obligations incurred prior to termination and all other provisions that by their nature should survive shall remain in full force and effect.

14.10 Language and Interpretation

These Terms are written in English and English shall be the controlling language for all purposes. Any translation of these Terms into another language is provided for convenience only, and the English version shall prevail in the event of any conflict. Headings in these Terms are for reference only and shall not affect the interpretation of any provision. The words "include," "including," and similar terms shall be construed without limitation. References to "days" mean calendar days unless otherwise specified.

14.11 Third Party Rights

Except as expressly provided herein, these Terms are intended solely for the benefit of the parties hereto and are not intended to confer third party beneficiary rights upon any other person or entity. The Contracts (Rights of Third Parties) Act 1999 does not apply to these Terms except in favour of the Dispute Resolution Ombudsman in respect of their appointment and authority under these Terms.

14.12 Updates and Amendments to Terms

We reserve the right to update, modify, or replace these Terms at any time in our sole discretion. We will provide reasonable notice of material changes by posting the updated Terms on the Platform and sending notice to your registered email address at least 30 days before the changes take effect. Your continued use of the Platform after such changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you may terminate your use of the Platform by providing written notice to us. Changes to Terms will not apply retroactively to disputes arising before the effective date of the changes.

15. CONSUMER RIGHTS

15.1 Statutory Rights

Nothing in these Terms affects statutory consumer rights under applicable consumer protection legislation.

15.2 Unfair Contract Terms

These Terms are subject to the Unfair Contract Terms Act 1977 and Consumer Rights Act 2015.

15.3 Alternative Dispute Resolution

Consumers may have rights to alternative dispute resolution through relevant ombudsman services.

END OF TERMS AND CONDITIONS
These Terms and Conditions should be reviewed by qualified legal counsel before implementation and may require modification based on specific business requirements and regulatory compliance needs.

Contact Information: [Company Name] [Address] [Email] [Phone]
Dispute Resolution Ombudsman: [Ombudsman Contact Details]
Insurance Warranty Provider: [Insurance Provider Details]