Terms of Service

1. Acceptance of Terms

By accessing or using LoadLog ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Service. These Terms constitute a legally binding agreement between you and RDC IT Solutions Ltd, a company registered in England and Wales with company number 05362929, whose registered office is at 128 City Road, London, EC1V 2NX ("LoadLog", "we", "us", "our").

You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation.

We may update these Terms from time to time as described in Section 15. By continuing to use the Service after the effective date of any update, you accept the updated Terms.

2. Description of Service

LoadLog is a software-as-a-service (SaaS) platform that enables permitted waste receiving sites to create, sign and submit digital Waste Transfer Notes (WTNs) to the DEFRA Digital Waste Tracking Service. The Service includes a web application accessible at app.loadlog.co.uk, supporting documentation, and related services.

We reserve the right to modify, suspend or discontinue any aspect of the Service at any time. We will provide reasonable notice of any material changes that may affect your use of the Service.

3. Account Registration and Security

To use the Service, you must register for an account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must notify us immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this obligation. Each account is for use by a single organisation; sharing account credentials between organisations is prohibited.

4. Subscription Plans and Payment

The Service is offered on a subscription basis with plans as described on our Pricing page. By subscribing to a paid plan, you agree to pay the fees applicable to that plan plus any applicable taxes. Payments are processed securely by Direct Debit.

Subscriptions renew automatically at the end of each billing period unless cancelled in advance. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period; no pro-rata refunds are provided for partial periods.

5. Acceptable Use

You agree not to use the Service for any purpose that is unlawful or prohibited by these Terms. You agree not to:

• Use the Service to submit false or misleading information to DEFRA
• Attempt to gain unauthorised access to any part of the Service
• Interfere with or disrupt the Service or its underlying infrastructure
• Use the Service to transmit malware or other malicious code
• Resell, sublicense or commercially exploit the Service without our written consent
• Reverse engineer, decompile or attempt to extract the source code of the Service
• Use the Service in any manner that could reasonably be expected to cause reputational harm to LoadLog or RDC IT Solutions Ltd

6. Your Responsibilities

You are solely responsible for the accuracy and completeness of all data you enter into the Service, including Waste Transfer Note information submitted to DEFRA. You are responsible for ensuring that you hold the necessary environmental permits and that your use of the Service complies with all applicable laws and regulations, including the Environment Act 2021 and the Environmental Permitting (England and Wales) Regulations 2016.

7. Intellectual Property

The Service, including its underlying code, design, logos and documentation, is owned by RDC IT Solutions Ltd and is protected by copyright, trademark and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose in accordance with these Terms.

You retain ownership of all data you upload to the Service. By uploading data, you grant us a licence to use, store and process that data as necessary to provide the Service and comply with our legal obligations. Our processing of personal data within Customer Data is governed by Section 8.

8. Customer Data and Data Protection

In this Section, "Customer Data" means all data and content you submit to the Service, including Waste Transfer Notes, carrier records, and any personal data contained within them, and "Data Protection Law" means the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and any other applicable data protection legislation.

Where Customer Data contains personal data, you are the data controller and LoadLog acts as a data processor on your behalf. LoadLog will process Customer Data only on your documented instructions, including the instructions set out in these Terms, unless required to do otherwise by law.

LoadLog will:

• ensure that personnel authorised to process Customer Data are subject to appropriate obligations of confidentiality;
• implement and maintain the technical and organisational security measures described in our Privacy Policy;
• taking into account the nature of the processing, assist you by appropriate technical and organisational measures, insofar as possible, to fulfil your obligations to respond to requests from data subjects exercising their rights; and
• assist you in meeting your own obligations under Data Protection Law, including your security, breach-notification and data-protection impact assessment obligations, to the extent reasonably required and proportionate.

You authorise LoadLog to engage the following service providers in connection with the provision of the Service: DEFRA, GoCardless, Ionos, Supabase and Resend. LoadLog will inform you of any additions to, or replacements of, these service providers by updating these Terms or our Privacy Policy. If you reasonably object on data protection grounds, we will work with you in good faith to address your concerns.

If LoadLog becomes aware of a personal data breach affecting Customer Data, it will notify you without undue delay and provide sufficient information to help you meet your own notification obligations under Data Protection Law.

On termination of your account, Customer Data will be handled in accordance with Section 13.

9. Confidentiality

Each party (the "Receiving Party") agrees to keep confidential any non-public business information disclosed by the other party (the "Disclosing Party") in connection with these Terms, and to use that information only for the purpose of performing its obligations or exercising its rights under these Terms. This Section applies separately from, and in addition to, the data protection provisions in Section 8.

Confidentiality obligations do not apply to information that:

• is or becomes publicly available other than through a breach of this Section;
• was lawfully known to the Receiving Party before disclosure;
• is independently developed by the Receiving Party without use of the Disclosing Party's confidential information; or
• is required to be disclosed by law, regulation, or order of a court or competent authority.

10. Warranty Disclaimer

To the fullest extent permitted by law, the Service is provided on an "as is" and "as available" basis. Except as expressly set out in these Terms, all warranties, representations, conditions and terms (whether express or implied) are excluded, including any implied warranties of satisfactory quality, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or available at any particular time or for any particular period.

Nothing in this Section limits any statutory rights you may have as a consumer that cannot lawfully be excluded.

11. Limitation of Liability

Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded, including liability for death or personal injury caused by negligence, and liability for fraud or fraudulent misrepresentation.

Subject to that, and to the fullest extent permitted by law:

• neither party will be liable for any indirect, incidental, special, or consequential loss or damage, including loss of profits, loss of revenue, loss of goodwill, loss of business, loss of data, business interruption, or loss of anticipated savings; and
• each party's total aggregate liability arising out of or in connection with these Terms will not exceed the total fees paid by you to us in the twelve months preceding the event giving rise to the claim.

Your obligation to pay undisputed fees properly due under Section 4 is not subject to the liability cap in this Section.

12. Force Majeure

Neither party will be liable for any delay or failure to perform its obligations under these Terms to the extent caused by events outside its reasonable control, including acts of God, fire, flood, severe weather, epidemic or pandemic, government or regulatory action, war, civil unrest, industrial action, or failures of infrastructure or services not operated by the affected party.

Without limiting the above, unavailability or malfunction of the DEFRA Digital Waste Tracking Service API, and failures of the third-party hosting and infrastructure providers used to deliver the Service (including Ionos, Supabase, GoCardless and Resend), are events outside our reasonable control.

The affected party will use reasonable efforts to minimise the effects of such an event and to resume performance as soon as reasonably practicable.

13. Termination

We may suspend or terminate your access to the Service at any time if you breach these Terms, fail to pay subscription fees, or if we are required to do so by law or regulatory authority. Upon termination, your right to use the Service ceases immediately. We will provide reasonable notice where practicable.

Following termination of your account for any reason, for a period of 30 days we will make Customer Data available to you for export in a commonly used, machine-readable format (including CSV and PDF files, made available individually or as a combined archive where applicable), as available through the Service.

After that 30-day export period, or sooner if you confirm you no longer require access, we will delete or anonymise Customer Data, except where we are required by law to retain particular records for a longer period (for example, financial and transaction records).

14. Cessation of the Service

We may, at our discretion, discontinue the LoadLog Service in its entirety. This right is distinct from suspension or termination of an individual account under Section 13.

We will give you at least 60 days' notice of any cessation of the Service, unless giving notice is not possible due to circumstances beyond our reasonable control, such as insolvency.

If we discontinue the Service in its entirety, and you have pre-paid fees covering a period of Service you will not receive, we will refund the unused portion of those fees on a pro-rata basis, including any unused portion of a pre-paid annual fee beyond the cessation date. Refunds will be made within a reasonable period using the original payment method where available.

This refund right applies only where LoadLog discontinues the Service in its entirety. It does not create any right to a pro-rata refund on ordinary cancellation by you under Section 4, or on termination for your breach under Section 13.

On cessation of the Service, the export and deletion provisions of Section 13 will apply.

15. Changes to These Terms

We may update these Terms from time to time. We will give you at least 30 days' notice of any material change by posting a notice on our website and/or sending a notice to the email address associated with your account.

If you do not agree to the updated Terms, you may cancel your subscription in accordance with Section 4 before the changes take effect. By continuing to use the Service after the effective date of the updated Terms, you accept the updated Terms. Changes are separate from any change to the Service itself, which is addressed in Section 2.

16. General Provisions

• Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of our assets, and we will notify you where we do so.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
• Entire agreement: These Terms, together with our Privacy Policy and any order details incorporated into your account, constitute the entire agreement between the parties in relation to the Service, and supersede all prior agreements, representations and understandings.
• No waiver: A failure by either party to enforce any right or provision of these Terms will not be a waiver of that right or provision. Any waiver must be in writing.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

18. Contact

If you have any questions about these Terms, please visit our contact page. For written correspondence, you may contact us at:

RDC IT Solutions Ltd
Box 63, Elder House, 548-550 Elder Gate
Milton Keynes
MK9 1LR