TallyGate

Legal

Terms of service

Draft, have this checked before launch.

Version 1.0. Last updated 1 November 2026.

These terms apply when a business uses TallyGate. TallyGate is a trading name of Civaxis Solutions Ltd, a company registered in England and Wales (company number 16544647), registered office 51 Church Lane, Stibbington, Peterborough, Cambridgeshire, PE8 6LP, VAT number GB517765759 ("TallyGate", "we", "us"). Contact: hello@tallygate.co.uk. ICO registration number: [ICO number pending].

The business that signs up, orders a pilot or accepts a quote is the "Customer" ("you"). TallyGate is sold to businesses only. It is not offered to consumers, and by ordering you confirm you are acting for a business.

1. What these terms cover

  1. These terms, your order (the plan, quote or pilot confirmation you accept, by email or online) and the Data Processing Agreement in section 10 make up the whole agreement between us (the "Agreement"). If they conflict, the order wins, then the Data Processing Agreement (for anything about personal data), then these terms.
  2. "Service" means the TallyGate clock-in, daily checks, fire roll call and timesheet web app, set up for you in your colours, logo and app icon, plus the support described in section 9.
  3. "Users" means your operatives, supervisors, office staff and anyone else you allow to use the Service. "Customer Data" means the data you and your Users put into the Service, including clock records, photos, location, check sheets, signatures and documents.

2. Plans and prices

All prices exclude VAT, which is added at the current rate.

  • Site: £25 a month, plus £3.50 for each Active Operative that month.
  • Pro: £49 a month, plus £5 for each Active Operative that month.
  • Main contractor: a flat fee per project, as set out in your quote.
  • Pilot: £99 one-off (see section 4).
  1. An "Active Operative" is any User who clocks in (or is clocked in by a supervisor) at least once during a calendar month. Office-only accounts, and people who are registered but don't clock in that month, are not charged.
  2. What is included in each plan is as described on tallygate.co.uk/#pricing on the date of your order, or in your quote.
  3. There is no setup fee for standard setup (branding, sites, check sheets and allocations as described in your order). Extra work you ask for, such as custom integrations or bespoke forms beyond the standard setup, will be quoted before we start.
  4. We may change our prices by giving you at least 30 days' notice by email. The new prices apply from your next billing month after the notice ends. If you don't accept them you can cancel before they take effect (section 6). If you are on annual billing, prices are fixed until the end of your paid year.

3. Billing and payment

  1. We bill through Stripe. You authorise us to take payment by the card or Direct Debit mandate you give us in Stripe, and we email a VAT invoice for each payment.
  2. Monthly billing: the monthly base fee is charged in advance at the start of each billing month. Active Operative charges are worked out from the clock records for that month and charged in arrears with the next month's invoice. Your final invoice after cancellation covers the Active Operatives in your last month.
  3. Annual billing: where offered, the base fee for 12 months is charged in advance at the price of 10 months. Active Operative charges are still charged monthly in arrears unless your order says otherwise.
  4. You can see the Active Operative count for any month in the Service, and we'll show you how we worked it out if you ask.
  5. If a payment fails, we'll tell you and try again. If any amount is still unpaid 14 days after we've told you it is overdue, we may suspend access to the office screens until it is paid. We will not suspend clocking or the fire roll call without giving you at least 7 more days' written warning, so your sites are never left without a roll call unexpectedly.
  6. We may charge interest on overdue amounts under the Late Payment of Commercial Debts (Interest) Act 1998.
  7. If you dispute an invoice in good faith, tell us within 30 days and pay the part you don't dispute. We'll work with you to sort it out quickly.

4. The pilot

  1. The pilot costs £99 + VAT, paid up front. It runs for one calendar month from the day your app is live, for one site and up to 10 operatives, on the Pro feature set unless agreed otherwise.
  2. If you order a paid plan within 30 days after the pilot ends, we take the £99 off your first invoice.
  3. The pilot does not roll on automatically. At the end of the month you choose whether to carry on. If you don't, your app is switched off and we deal with your data as set out in section 7.
  4. The pilot fee covers our setup work, so it is not refundable once we've started setting up your app, unless the Service fails to work as described and we can't fix it.

5. Setting up and using the Service

  1. We aim to have your branded app live within one to two working days of receiving everything we need from you (logo, colours, site details, check sheets and the person who will hold the manager account).
  2. You are responsible for: who you give access to; keeping passwords, PINs and two-step login devices secure; the accuracy of the sites, pay rules, check sheets and settings you set up; and what your Users do in the Service.
  3. You must not: use the Service unlawfully; try to break or get round its security; copy, resell or reverse-engineer it (except where the law allows); upload anything unlawful, harmful or infringing; or overload it deliberately.
  4. Users need their own smartphone with a current browser. Push alerts on iPhone need iOS 16.4 or later with TallyGate added to the Home Screen. Location depends on the phone's GPS, which is not always accurate.

Safety and payroll stay your responsibility.

  1. The fire roll call, check sheets, RAMS sign-off, card checks and working time checks are tools to help you run your site. They do not replace your own fire safety arrangements, emergency procedures, supervision or competent person duties under the Construction (Design and Management) Regulations 2015, the Regulatory Reform (Fire Safety) Order 2005 or any other law. You must keep a backup way of accounting for people (for example a marshal's printed list) and test it in drills.
  2. The roll call can only include people who use the app to clock in. People who don't clock in, phones that are off or without signal, and visitors not added by a marshal may not show until they connect or are added.
  3. Timesheets, overtime, CIS and payroll exports are calculated from your settings. You must check them before you pay anyone or file anything with HMRC. Right to work checks recorded in the Service are your records; the legal duty to carry them out stays with you.

6. Term and cancellation

  1. Monthly plans run month to month. You can cancel at any time by emailing hello@tallygate.co.uk or using any cancel option we provide. Cancellation takes effect at the end of the billing month you cancel in. We don't refund part months, and the final Active Operative charge is still due.
  2. Annual plans run for the paid year. You can cancel so that the plan doesn't renew; we don't refund the unused part of a year unless you end the Agreement because of our breach.
  3. Either of us may end the Agreement straight away by written notice if the other: (a) seriously breaches it and, if the breach can be fixed, doesn't fix it within 14 days of being asked to; or (b) becomes insolvent, enters administration or liquidation, or stops trading.
  4. We may end the Agreement by giving you 90 days' written notice, for example if we stop offering the Service. If we do, we'll refund any fees you've paid in advance for the period after it ends.
  5. Sections 3 (for amounts owed), 7, 11, 12, 13 and 15 continue after the Agreement ends.

7. Your data when you leave

  1. For 30 days after the Agreement ends you can export your Customer Data (timesheets, clock records, signed forms and reports) from the office screens, or ask us to send you a full export. We'll do one full export free of charge.
  2. After those 30 days we delete Customer Data from the live system within a further 30 days, and it drops out of our backups within 30 days after that, unless the law requires us to keep it. We'll confirm deletion in writing if you ask.
  3. Clock records are append-only in the Service: corrections are recorded as new entries and the original is kept. This is so your records stand up if challenged. It does not stop us deleting all of your data when the Agreement ends.

8. Availability

  1. We aim for the Service to be available 99.5% of the time in each calendar month, measured by our uptime monitoring. This excludes planned maintenance, problems caused by you, your Users, their phones or mobile networks, and events outside our reasonable control (section 14).
  2. We'll give at least 48 hours' notice of planned maintenance and do it outside 06:00 to 19:00, Monday to Saturday (UK time), where we can.
  3. The operative app keeps working without signal: clock-ins and clock-outs are saved on the phone with their original time and sent when the connection returns, so a short outage doesn't lose clock records.
  4. If availability falls below 99.5% in a month, tell us within 30 days and we'll credit 10% of that month's base fee; below 99.0%, 25%; below 95.0%, 50%. Service credits are taken off a future invoice and are your sole financial remedy for availability, but don't stop you ending the Agreement for serious breach.
  5. We take encrypted backups of your data every night, stored away from the main server and kept for 30 days.

9. Support

  1. Support is by email to hello@tallygate.co.uk, 08:00 to 17:00, Monday to Friday, excluding bank holidays in England.
  2. We aim to reply within one working day. If the Service is down, or the fire roll call or clocking isn't working, put "URGENT" in the subject and we'll use our best efforts to respond within 2 working hours.
  3. Support covers helping you use the Service, fixing faults, and reasonable changes to your branding, sites, check sheets and settings. Training beyond the initial setup, or new features, may be quoted separately.
  4. We may update the Service from time to time. We won't remove a main feature of your plan during a paid period without giving you the right to cancel and a refund of fees paid in advance for the rest of that period.

10. Data protection

  1. You are the controller of the personal data of your Users and anyone else whose data is entered into the Service. We are your processor. We process that data only on your documented instructions and to provide the Service.
  2. Our Data Processing Agreement (under Article 28 of the UK GDPR) forms part of this Agreement and applies automatically when you sign up. We'll send you a copy to keep, and a template Data Protection Impact Assessment to help you complete your own.
  3. You are responsible for having a lawful basis for the processing, giving your workers a clear privacy notice (the Service includes one they acknowledge before first use, which you complete with your details), deciding retention periods (clock photos are deleted after 90 days and location checks after 365 days by default; you can change these), and consulting your workforce where appropriate.
  4. Your data is hosted in the UK. We use a small number of sub-processors to run the Service, listed in the Data Processing Agreement. We'll give you at least 30 days' notice before adding or replacing one, and you can object.
  5. For your contact and billing details, and for people who contact us through our website, we are the controller. See our privacy notice.

11. Intellectual property

  1. We (or our licensors) own the Service, the software and everything in it, including improvements. We give you a non-exclusive, non-transferable right for you and your Users to use the Service for your business during the Agreement.
  2. You own your Customer Data, logos and branding. You give us permission to use them only to provide the Service. We won't name you as a customer in our marketing without your agreement.
  3. If you give us feedback or ideas, we may use them freely.

12. Confidentiality

Each of us will keep the other's confidential information private, only use it for the Agreement, and only share it with staff, advisers and sub-processors who need it and are bound to keep it confidential. This doesn't apply to information that is public (other than through a breach), already known, independently developed, or that the law requires to be disclosed.

13. Liability

  1. Nothing in this Agreement limits either party's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for anything else that can't be limited by law. It also doesn't limit your duty to pay fees.
  2. Except as set out in this Agreement, the Service is provided without any other warranties, conditions or terms, which are excluded to the extent the law allows. We don't promise the Service will be error-free or uninterrupted.
  3. Neither of us is liable for: loss of profit, revenue, business, contracts or goodwill; wasted management time; or any indirect or consequential loss, however it arises.
  4. Liability cap. Subject to 13.1, each party's total liability arising out of or in connection with the Agreement in any 12-month period (whether in contract, tort including negligence, breach of statutory duty or otherwise) is limited to the total fees paid and payable by you in the 12 months before the event giving rise to the claim. During a pilot, the cap is £1,000.
  5. Data protection. For claims arising from our breach of the Data Processing Agreement or data protection law, our total liability in any 12-month period is limited to the greater of £10,000 and twice the fees paid and payable by you in the 12 months before the event.
  6. If Customer Data is lost or damaged through our fault, your main remedy is for us to use reasonable efforts to restore it from our latest backup.
  7. We're not responsible for losses caused by: the way you set up or use the Service; relying on its outputs without the checks in section 5; your Users' phones, networks or GPS; or third-party services you choose to connect (such as Xero, Staffology or Brevo).
  8. You will compensate us for claims brought against us by third parties (including your Users or a regulator) arising from your use of the Service in breach of this Agreement or data protection law, including collecting personal data without a lawful basis.

14. Events outside our control

Neither of us is liable for delay or failure caused by events beyond reasonable control, such as failure of the internet, power or mobile networks, hosting provider outages, cyber attacks we couldn't reasonably prevent, fire, flood, strikes or government action. If such an event stops the Service for more than 30 days in a row, either of us can end the Agreement by notice and we'll refund fees paid in advance for the period after it ends.

15. General

  1. Changes to these terms. We may update these terms. We'll give you at least 30 days' notice by email of changes that materially affect you; if you don't agree, you may cancel before they take effect. The version and date are shown at the top of this page.
  2. Notices. Notices must be in writing by email: to us at hello@tallygate.co.uk, and to you at the email address on your account. Formal legal claims may also be posted to our registered office.
  3. Transfer. You may not transfer the Agreement without our written consent. We may transfer it to a company that takes over the Service, and we'll tell you if we do.
  4. Subcontracting. We may use subcontractors and sub-processors, but we remain responsible for them.
  5. Whole agreement. The Agreement is the whole agreement between us about the Service. Your own purchase order terms don't apply, even if referred to in an order.
  6. Third parties. No one other than you and us has any right to enforce the Agreement under the Contracts (Rights of Third Parties) Act 1999.
  7. If part is invalid, the rest still applies. If we don't enforce a right straight away, we can still enforce it later.
  8. Law and courts. The Agreement and any dispute or claim arising from it (including non-contractual disputes) are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. Before going to court, we'll both try in good faith to resolve the dispute by talking for at least 30 days.

Draft, have this checked before launch.