Terms of Service

1. Who we are

Holdback ("we", "us") operates the Holdback platform at holdback.uk, including the dashboard, letter-generation tools, and any related services (the "Service"). These terms govern your access to and use of the Service.

By creating an account or otherwise using the Service, you agree to these terms on behalf of yourself and, where applicable, the business you represent ("you", "your business").

2. What the Service is — and isn't

Holdback maintains a ledger of retention amounts owed to you under your construction subcontracts, monitors publicly available signals about the main contractors holding that money, and, where you instruct us to, prepares and sends commercial correspondence on your behalf as your authorised agent requesting release of retention that has fallen due.

The Service is not, and must not be relied on as:

• Debt collection. We correspond about amounts due under a contract you hold, not consumer or unrelated commercial debts.
• Legal advice or legal representation. Letter templates reference standard JCT/NEC retention-release provisions for information purposes only and do not constitute legal advice on your specific contract. Where a claim is disputed or moves toward adjudication, litigation, or any formal legal process, we stop sending correspondence and refer you to seek independent legal advice.
• A guarantee of recovery. We cannot guarantee that any main contractor will release retention, respond to correspondence, or remain solvent.

3. Acting as your agent

Where you instruct Holdback to send a letter, you appoint us as your authorised agent solely for the purpose of preparing and transmitting that correspondence in your name. Every letter identifies you as the sending party and discloses that Holdback has prepared it on your behalf — nothing is sent anonymously or under Holdback's own name as principal.

You confirm that the contract, job, and outstanding-amount details you provide are accurate and that you hold the underlying right to the retention being claimed. Holdback is not liable for the consequences of correspondence sent using information you supplied that was incomplete or incorrect.

4. Fees

Access to the ledger and dashboard is billed at the subscription rate shown at signup (currently £199 per month, plus VAT where applicable), charged in advance and rolling monthly until cancelled.

Where Holdback's correspondence contributes to retention actually being recovered on your behalf, a recovery fee (currently 5% of the amount recovered) applies to that recovered amount only. No recovery fee is charged on amounts that are not recovered.

Fees may change on notice as described in Section 8. Continued use of the Service after a fee change takes effect constitutes acceptance of the new fees.

5. Your responsibilities

• Keep your account credentials confidential and secure.
• Provide accurate contract, contact, and financial details, and update them if they change.
• Tell us promptly if a main contractor disputes a claim, or if any correspondence is contested, so we can pause further escalation on that contract.
• Use the Service only for genuine retention amounts you are contractually entitled to claim.

6. Data and Companies House information

The Service surfaces publicly available information about main contractors (such as filing history, director changes, and county court judgment records) sourced from Companies House and similar public registers. This information is provided for awareness only, is not verified beyond what the source register publishes, and should not be treated as a formal credit or solvency assessment.

How we handle personal data, including data about you and about the individuals you deal with at main contractors, is set out in our Privacy Policy.

7. Liability

To the fullest extent permitted by law, Holdback's total liability arising out of or in connection with the Service in any twelve-month period is limited to the fees you paid to Holdback in that period. Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded.

We are not liable for a main contractor's failure or refusal to pay, for their insolvency, or for the accuracy of third-party public register data.

8. Changes, suspension and termination

You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period. We may suspend or terminate access if these terms are breached, if we reasonably suspect fraudulent or unlawful use, or if required by law.

We may update these terms from time to time. Material changes will be notified by email or an in-product notice ahead of taking effect. Continued use after the effective date constitutes acceptance.

9. Governing law

These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising from them or the Service.

10. Contact

Questions about these terms can be sent to hello@holdback.uk.