DriverTrack

Terms of Service

Effective 22 May 2026

These Terms of Service (the “Terms”) are an agreement between DriverTrack (operated by Clayfell Harris, trading as DriverTrack; contact clayfell@gmail.com; referred to here as “DriverTrack”, “we”, “us” or “our”) and the organisation that subscribes to or uses the Service (the “Customer”, “you” or “your”). By signing an Order (defined below), accessing the Service or otherwise indicating acceptance, you agree to these Terms.

1. Definitions

  • Service — the DriverTrack web application and related services made available at drivertrack.co and on associated subdomains, including any updates and improvements.
  • Order — a written order form, quote or online sign-up flow specifying the Customer, the Subscription Term and the Fees.
  • Subscription Term — the period stated in the Order during which the Customer is entitled to use the Service.
  • Authorised User — an individual employed or engaged by the Customer whom the Customer permits to access the Service using their own credentials.
  • Customer Data — any data, including personal data, that the Customer or its Authorised Users submit to or generate through the Service (including candidate records, messages and notes).
  • Fees — the charges payable for the Service as set out in the Order.
  • DPA — the Data Processing Agreement between the parties governing DriverTrack’s processing of personal data on the Customer’s behalf.

2. The Service

DriverTrack provides a hosted software-as-a-service platform that helps UK Delivery Service Partners and similar organisations manage driver recruitment — including candidate ingestion from job boards, call workflow, interview booking, DVLA pre-screening tooling and standard compliance features. We may update the Service from time to time provided we do not materially reduce its core functionality during a paid Subscription Term.

3. Accounts and Authorised Users

The Customer is responsible for the acts and omissions of its Authorised Users as if they were the Customer’s own. The Customer will:

  • ensure each Authorised User keeps their login credentials secure and does not share them;
  • notify us promptly if it suspects unauthorised access to its account; and
  • be responsible for all activity that occurs under its account.

4. Acceptable Use

The Customer will not, and will not permit any Authorised User to:

  • use the Service in breach of any applicable law (including data protection law) or in a way that infringes any third-party right;
  • reverse engineer, decompile or otherwise attempt to derive the source code of the Service except to the extent expressly permitted by law;
  • interfere with or disrupt the Service or the servers or networks that host it; or
  • use the Service to send unsolicited marketing, spam or otherwise unlawful communications.

5. Customer Data

As between the parties, the Customer owns the Customer Data. The Customer grants DriverTrack a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, display and process the Customer Data solely to provide the Service and as described in the DPA. The Customer warrants that it has all necessary rights and lawful bases to provide Customer Data to DriverTrack for these purposes.

6. Data Protection

Where DriverTrack processes personal data on the Customer’s behalf, it does so as a processor under UK GDPR. The parties’ respective obligations as controller and processor are set out in the DPA, which is incorporated into and forms part of these Terms. In the event of conflict, the DPA prevails on data-protection matters.

7. Fees and Payment

  • The Customer will pay the Fees set out in the Order. Unless the Order states otherwise, Fees are exclusive of VAT, which will be added at the prevailing rate.
  • Invoices are payable within 14 days of the invoice date, by bank transfer to the account specified on the invoice.
  • Late payments accrue interest at 4% per annum above the Bank of England base rate from the due date until paid, or such other rate as the Late Payment of Commercial Debts (Interest) Act 1998 prescribes.
  • If the Customer disputes any portion of an invoice in good faith, it will pay the undisputed portion and notify us in writing of the dispute within the payment period.

8. Confidentiality

Each party (the “Receiving Party”) will keep confidential any non-public information disclosed by the other (the “Disclosing Party”) that is marked as confidential or that a reasonable person would understand to be confidential. The Receiving Party will use the information only to perform under these Terms and will protect it with at least the same care it uses for its own confidential information (and in any event with reasonable care). This obligation does not apply to information that is public through no fault of the Receiving Party, was already known to it, is independently developed without reference to the other’s information, or is required to be disclosed by law (in which case the Receiving Party will notify the Disclosing Party where lawful to do so).

9. Warranties

DriverTrack warrants that the Service will be provided with reasonable skill and care and will materially conform to its published description during the Subscription Term.

The Customer warrants that it has full authority to enter into these Terms, has the right to provide all Customer Data, and will comply with applicable laws in its use of the Service.

10. Disclaimers

Except as expressly set out in these Terms, the Service is provided “as is” and DriverTrack disclaims all other warranties, conditions and representations, whether express or implied, to the maximum extent permitted by law. In particular, DriverTrack does not warrant that the Service will be uninterrupted, error-free, or free from all security vulnerabilities, nor that any third-party integration (including DVLA, Twilio, Resend, Cloudflare or Railway) will be continuously available.

11. Limitation of Liability

Subject to the next paragraph:

  • neither party will be liable to the other for any indirect, consequential, special or punitive loss, or for loss of profits, revenue, anticipated savings, business, goodwill or data; and
  • each party’s total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed the total Fees paid or payable by the Customer to DriverTrack in the 12 months preceding the event giving rise to the claim.

Nothing in these Terms limits or excludes either party’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under English law.

12. Indemnification

The Customer will indemnify DriverTrack against any third-party claim, and the reasonable costs of defending it, arising from (a) Customer Data, (b) the Customer’s or any Authorised User’s breach of these Terms, or (c) the Customer’s use of the Service in breach of applicable law.

13. Term and Termination

  • These Terms start on the date set out in the Order (or, if earlier, the date you first access the Service) and continue for the Subscription Term, renewing automatically for further terms of equal length unless either party gives notice of non-renewal at least 30 days before the end of the then-current term.
  • Either party may terminate for material breach by the other if the breach is not cured within 30 days of written notice.
  • Either party may terminate immediately on written notice if the other becomes insolvent, enters administration, or has an analogous event under any jurisdiction.

14. Effect of Termination

On termination or expiry: (a) the Customer’s right to access the Service ends; (b) DriverTrack will make Customer Data available for export for at least 30 days following termination (CSV export is available throughout the Subscription Term and for that 30-day window); (c) after that window, DriverTrack will delete or anonymise Customer Data in accordance with the DPA, subject to any retention required by law; and (d) any Fees accrued up to the termination date remain payable.

15. Changes to the Terms

DriverTrack may update these Terms from time to time. We will give the Customer at least 30 days’ written notice (which may be by email to the Customer’s administrator account) of any material change. If the Customer does not accept the change, it may terminate without penalty before the change takes effect; continued use of the Service after the effective date constitutes acceptance.

16. General

  • Entire agreement. These Terms, together with the Order and the DPA, constitute the entire agreement between the parties on the subject matter and supersede any prior or contemporaneous understandings.
  • No waiver. No failure or delay by either party in exercising any right under these Terms is a waiver of that right.
  • Severability. If any provision is held unenforceable, the remainder will continue in full force; the parties will replace the unenforceable provision with an enforceable one that comes closest to the original intent.
  • Assignment. Neither party may assign these Terms without the other’s written consent, except that either party may assign to a successor in connection with a merger, acquisition or sale of all or substantially all of its assets.
  • Notices. Notices must be in writing and sent to the email address each party designates for notices.
  • Force majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control, provided it takes reasonable steps to mitigate.
  • Relationship. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between the parties.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales for any dispute arising out of or in connection with these Terms, except that DriverTrack may bring proceedings to recover overdue Fees in any court of competent jurisdiction.

18. Contact

Questions about these Terms? Email clayfell@gmail.com.