Terms of Service
APXS-UK LTD, trading as ApexSpark
Company number 17467844 · Registered office 71–75 Shelton Street, London, WC2H 9JQ
Effective date: 30 September 2026
These terms apply between APXS-UK LTD, trading as ApexSpark ("ApexSpark", "we", "us") and the business that orders the Service ("Customer", "you"). The Service is for business use only. Consumer protection law for individual consumers does not apply. By signing an order or quote that refers to these terms, or by using the Service, you accept them on behalf of your business, and you confirm you have authority to do so.
1. Definitions
- Service: the ApexSpark platform for electrical contractors: the office web app, your company workspace, the ApexSpark engineer apps for iPhone and Android, and related support.
- Order: the quote, order form or written agreement (including by email) that sets out the plan, features, number of users, fees and term you have agreed with us.
- Customer Data: all data, files and content you or your users put into the Service, including personal data about your engineers, staff, clients and the occupants of properties you work on.
- Users: your employees, subcontractors and other people you authorise to use the Service under your account.
- DPA: our Data Processing Agreement, which forms part of these terms.
If an Order conflicts with these terms, the Order wins for that point only.
2. The Service
2.1 We will provide the Service described in your Order with reasonable skill and care.
2.2 We may improve and change the Service from time to time. We will not make a change that materially reduces the core functionality you have paid for during your current term without your agreement. We will give reasonable notice of significant changes.
2.3 Some features (for example clocking, on-site attendance, Customer Care and certificates) are optional and are switched on or off by you.
2.4 The engineer apps are supplied through the Apple App Store and Google Play. Users must also accept the store's terms.
3. Accounts and users
3.1 You are responsible for your Users, for keeping sign-in details confidential, for the accuracy of the information you enter, and for all activity under your account.
3.2 Tell us promptly at help@apexspark.co.uk if you suspect unauthorised access.
3.3 You must remove access for Users who leave your business. Archiving a User signs them out immediately.
3.4 You may add Users up to the limits in your Order.
4. Fees and payment
4.1 You will pay the fees set out in your Order, at the times and in the way set out in the Order. Unless the Order says otherwise, fees are exclusive of VAT, which is payable in addition.
4.2 Unless the Order says otherwise, invoices are payable within 30 days of the invoice date.
4.3 If an undisputed invoice is more than 14 days overdue we may, after giving you written notice, suspend the Service until it is paid. We may charge statutory interest on late payments under the Late Payment of Commercial Debts (Interest) Act 1998.
4.4 We may change our fees at the end of any term by giving you at least 30 days' written notice.
5. Acceptable use
You and your Users must not:
- use the Service unlawfully, including in breach of data protection law or employment law;
- upload anything that is unlawful, infringing or contains malware;
- try to gain unauthorised access to the Service, other customers' workspaces or our systems, or test, scan or probe them without our written permission;
- interfere with or place an unreasonable load on the Service;
- copy, reverse engineer, resell, sublicense or provide the Service to third parties except as permitted by law or by us in writing;
- use the location, attendance or monitoring features in a way that is excessive, covert or unfair to your workers.
We may suspend access that breaches this section where reasonably necessary to protect the Service or others. We will tell you promptly and restore access once the issue is fixed.
6. Your data
6.1 You own Customer Data. We do not claim any rights in it other than the right to use it to provide, secure and support the Service for you.
6.2 You are the controller of personal data in Customer Data and we are your processor. The DPA sets out how we process it. You are responsible for having a lawful basis for the data you enter, giving privacy information to your engineers, staff and the occupants you visit, and (where required) carrying out a data protection impact assessment before switching on location or attendance features.
6.3 We will not sell Customer Data or use it to train AI models.
6.4 We may use anonymous, aggregated information about how the Service is used (which does not identify you, your Users or any individual) to operate and improve it.
6.5 You can export your Customer Data during the term. On request we will provide an export in a commonly used format.
7. Availability and support
7.1 We aim to keep the Service available 24 hours a day, 7 days a week, but we do not guarantee uninterrupted or error-free operation unless an Order includes a service level.
7.2 We will try to carry out planned maintenance outside normal UK working hours and give notice where practical.
7.3 Support is available by email at help@apexspark.co.uk during UK business hours (Monday to Friday, 9am to 5pm, excluding bank holidays), unless your Order says otherwise.
7.4 We keep regular backups, but you are responsible for keeping your own copies of certificates and records you are legally required to retain.
8. Intellectual property
8.1 We (and our licensors) own all rights in the Service, including its software, design and documentation.
8.2 We grant you a non-exclusive, non-transferable right for your Users to use the Service for your internal business purposes during the term.
8.3 If you send us suggestions, we may use them freely.
9. Confidentiality
Each of us will keep the other's confidential information confidential and use it only for the purposes of these terms, except where disclosure is required by law or the information is already public through no fault of the recipient. This clause survives termination.
10. Liability
10.1 Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or anything else that cannot legally be limited.
10.2 Subject to 10.1, neither party is liable for loss of profits, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss.
10.3 Subject to 10.1, each party's total liability arising under or in connection with these terms, whether in contract, tort (including negligence) or otherwise, is limited to the fees paid by you to us in the 12 months before the event giving rise to the claim.
10.4 The limit in 10.3 also applies to loss of or damage to data and to any breach of the Data Processing Agreement or data protection law.
10.5 Your obligation to pay fees is not limited by this section.
10.6 You are responsible for the professional work you carry out, including the accuracy of electrical certificates and test results entered into the Service.
11. Term and termination
11.1 These terms start when you first sign an Order or use the Service and continue for the term in your Order. Unless the Order says otherwise, the term renews automatically for further periods of the same length unless either party gives at least 30 days' written notice before the end of the current term.
11.2 Either party may terminate immediately by written notice if the other materially breaches these terms and (if the breach can be fixed) does not fix it within 30 days of notice, or becomes insolvent.
11.3 On termination your right to use the Service ends and any unpaid fees become due.
11.4 Your data on termination. For 30 days after termination we will, on request, give you an export of your Customer Data. After that we will delete Customer Data from the live Service within 60 days, and from backups as they roll over, unless the law requires us to keep it. We will confirm deletion in writing on request.
11.5 Sections 6, 9, 10, 11.4 and 13 survive termination.
12. Events outside our control
Neither party is liable for delay or failure caused by events outside its reasonable control (for example failure of a hosting or telecoms provider, power failure, fire, flood, war, pandemic or government action). If such an event lasts more than 60 days, either party may terminate by written notice.
13. General
13.1 Notices must be in writing, to help@apexspark.co.uk for us and to the email address in your Order for you.
13.2 We may subcontract parts of the Service (including to the sub-processors listed in our DPA) but remain responsible for their performance.
13.3 Neither party may assign these terms without the other's consent, except that we may assign them to a successor to our business on notice to you.
13.4 These terms, the Order and the DPA are the entire agreement between us about the Service. Neither party relies on any statement not set out in them.
13.5 We may update these terms by giving you at least 30 days' notice. Changes apply from your next renewal unless you agree otherwise, or sooner where required by law.
13.6 If any part of these terms is found invalid, the rest remains in force. A delay in enforcing a right is not a waiver of it.
13.7 No one other than you and us has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
13.8 Governing law. These terms and any dispute arising from them (including non-contractual disputes) are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
14. Contact
APXS-UK LTD, trading as ApexSpark · 71–75 Shelton Street, London, WC2H 9JQ · help@apexspark.co.uk