Answerbee Limited Terms and Conditions

Definitions:

“Agreement” the contract and understanding between the company and customer to which these terms and conditions apply

“Company” the service provider – Answerbee Limited

“Customer” the person, business or organisation that the company agrees to provide the services in accordance to the terms of the agreement

“Services” what has been ordered by the customer whom is to be provided by the company under the agreement

Please read the following terms and conditions carefully before subscribing to the services offered. Please understand that subscribing to the services confirms the agreement to be bound by these terms. Any refusal of the terms stated below will mean no services can be agreed and offered. These terms and conditions apply to the services offered by the company only, any other terms and conditions that are implied to add into the contract will be excluded.

1. Services to be provided:

1.1 The company endeavours to:
(a) Forward incoming calls received on the assigned telephone number(s) to the contact number provided by the customer as per the agreement and/or
(b) Take messages received from the assigned telephone number(s) of the customer. The message will then be relayed to the customer by email and/or SMS provided by the customer as per the agreement.

1.2 All services provided by the company are subject to the following provisions:
(a) Due to the number of calls and information received within a short space of time, there may be the rare occasion that a message or information taken can be incorrectly recorded or message may fail, if such circumstances occur the company will not be liable or responsible.
(b) Services offered are not to be used for improper, immoral, obscene, sexist, racist, and illegal and/ or activity which would affect the company reputation if suspected this will be seen as unacceptable and any such use will mean the immediate termination of services.
(c) The company will not be liable or responsible for calls received which the line is poor, the caller is difficult to understand, or English is poor resulting in mishearing, misunderstanding the caller or message. All communications to be in the English language only.
(d) Calls will be terminated by the company if the caller is abusive, uses obscene language, racist, sexist, and/or unpleasant.
(e) The company will not be responsible or liable if the company cannot receive and/or forward a call or message by any means if from a direct or indirect result of equipment breakdown or malfunction or delay in or breakdown of telecommunication or internet services.

2. Monthly Charges and Billing Procedure:

2.1 The company accepts payments by BACS, direct debit and debit/credit card. Debit/credit cards details supplied confirms authorisation for the company to debit that card with the amounts owing and agreed to under the contract. Cheques are not acceptable unless agreed in advance.

2.2 Monthly packages are payable in advance before the account is live and thereafter. Additional call charges are issued in arrears on the start date of the agreement each month.

2.3 The company may invoice the customer before the payment date if the billing threshold/call package has exceeded due to a higher than usual usage.

2.4 Payment of invoices are due 7 days from receipt of invoice, any discrepancies or queries must be advised of within 3 days of receipt of the invoice, after this invoices are final and assumed agreed.

2.5 Any invoice queries must be made in writing for investigation. If a credit has been confirmed it will be deducted from the following months invoice.

2.6 Charges are for calls taken. No charge for wrong numbers, hoax calls, automated messages or fax tones. Sales calls must be advised of in writing to the company and at the company’s discretion refunded after investigation.

2.7 The company reserves the right to amend or alter its scale of charges, services and/or terms of business by giving the customer 30 days written notice.

2.8 Payments of invoices are to be made in full without any deduction or discount unless you have a written valid court order requiring an amount equal to the deduction to be paid by the company.

2.9 The company has the right to charge interest to any amount if not paid on the payment due date. The interest shall be charged at the rate prescribed by the late Payment of Commercial Debts (interest) Act 1998.

3. Company and Customer Duties:

3.1 Accounts are set up within 24 hours (working day) of receipt of the first payment and customer information. We shall notify you as soon as your account is live. Before the confirmation that the account is live the company will not take any calls on behalf of the customer, the assigned number and information must therefore not be publicised until the confirmation has been received by the customer.

3.2 The company endeavours to answer all incoming calls within 3-4 rings. If a rare occasion an unexpected or unusually high volume of calls come in this may take longer than normal to answer. In extreme cases, this could result in some calls being missed.

3.3 The customer must provide accurate information to the company including appropriate contact numbers and times which to be contacted or phones will be manned, and email addresses to carry out the services agreed. The company will not be responsible for unanswered calls and/or out of order lines, nor should messages not be able to forward. Any changes must be notified to us immediately in writing and all information stored will be applicable to Data Protection laws in the UK.

3.4 Claims cannot be made by the customer to the company for any damages, penalties, costs, loses, liabilities, expenses of any kind or interruptions of services including equipment breakdown, malfunction, delay or breakdown of telecommunications or internet services that is beyond the companies reasonable control.

3.5 All information will be provided electronically by the company by means of emails or notices on the website. For contractual purposes the customer will agree that all communications shall be made this way, and which complies with any legal requirement for communications once electronically advised as in writing.

3.6 All messages taken will be logged on the Answerbee system and messages are stored for 6 months. If requested by the customer, we can hold messages for 1 year at a small additional archive fee.

3.7 The company shall maintain complete and accurate records and information of the client as required by law

3.8 The company will advise the client immediately if it is believed to be a breach of the safeguarding of personal data.

4. Notice and Cancellation of Services:

4.1 Accounts shall be automatically renewed each month unless cancelled with a 30 day notice period and in writing by the customer.

4.2 Either party may terminate the contract providing no less than 30 days’ notice in writing. On termination of services, all unpaid invoices must be paid immediately upon receipt of the final invoice.

4.3 Non-payment or non-use of services does not constitute as a request to cancel.

4.4 All written communication made by the customer is accepted personally, by email, prepaid 1st class post, recorded delivery or courier.

4.5 The company may terminate the contract immediately without liability to the customer if an invoice is not paid on the payment due date, and within 14 days of being notified in writing requesting payment or a breach of the terms of the contract is repeatedly made by the customer. Any outstanding payments will include interest until full payment has been received.

4.6 The company has the right to terminate a contract if non-payment received. It is the company’s discretion if they wish to re commence the services even once all payments are up to date. If an agreement to re commence services, this will be arranged but as a new agreement and set up fees and charges will be applicable.

5. Customer Confidentiality and Data/Call Monitoring:

5.1 All customer information is classed as confidential in accordance with Data Protection Act 1998, however if served with appropriate court order, the company may cooperate with law enforcement agencies and disclose information about customer if requested.

5.2 Customer details, name, address and payment records will be subject to credit reference agency and personal data to be processed by company in connection with service.

5.3 If the company breaches any provisions, the customer can terminate the agreement without notice.

5.4 Calls maybe recorded to be monitored and/or for training purposes only and will adhere by the General Data Protection Regulation ‘GDPR’.

5.5 The company will use the date in agreement with the customer. That data received by the company is for the customer only and will not be used for any other purpose.

5.6 The company shall ensure that they have in place the appropriate technical and organisation measures to protect against unauthorised or unlawful processing of personal data.

5.7 The company shall ensure that all staff that has access to personal data are obliged to keep that personal data confidential.

5.8 The company shall delete or return personal data on the termination of a contract with a customer if requested, all in line with data protection legislation.

6. Rights and Obligations:

6.1 Refund requests are to be made in writing and at the sole discretion of the company.

6.2 The company has the right to assign, subcontract or otherwise delegate all or any of its rights and obligations under the agreement.

6.3 Any amendments or variations to the agreement must be made in writing. Any changes will be in effect in 30 days of notice and if no response is made by the customer within 30 days, the company will assume the acceptance of the changes.

6.4 Services offered are not to be used for improper, immoral, obscene, sexist, racist, and illegal and/ or activity which would affect the company reputation if suspected this will be seen as unacceptable and any such use will mean the immediate termination of services and full payment of outstanding invoices.

6.5 The customer must not use the company address in any publicity materials, publications or products without written consent of the company. The company reserves the right to refuse the acceptance of items or materials delivered at their premises which have been addressed to the customer.

6.6 It is the customers responsibility to set up the divert facilities with their network provider and ensure all medium or means required to receive communications are fully operational.

6.7 No liability to customer if services under the contract are prevented from or delayed in performing if by the following events outside reasonable control (Force Majeure Event):
(a) acts, events, omissions or accidents
(b) strikes, lockouts or other industrial disputes (by company, customer or third party)
(c) default of suppliers, subcontractors, employees, agents or consultants
(d) riot, war (declared or not), invasion, terrorist attack or threat of terrorist attack, civil commotion
(e) compliance with any law or government order
(f) accident, breakdown of plant or machinery, failure of a utility service, malicious damage
(g) act of god, flood, storms, earthquake, fire, explosion, epidemic or other natural disaster
(h) failure and/or breakdown of any communications equipment or public or private telecommunications networks

6.8 Contracts are to be suspended for the period of the Force Majeure Event.

6.9 Call credit and call allowances can not be carried over from one billing period to the next bill period.

7.0 Both company and customer shall comply with all data protection legislations currently in force in England and Wales.

7.1 The client agrees to the company using a subcontractor based on the same terms when required.

7. Entire Agreement:

7.1 This agreement between parties supersedes all previous agreements and terms agreed whether oral or in writing for the proposed service between the company and customer.

7.2 Nothing in this condition shall limit or exclude any liability for fraud.

7.3 This agreement confirms the understanding between the company and customer. The agreement shall be governed by and construed and interpreted in accordance with English Law. By ordering any of the company’s services shall be deemed as acceptance to the Terms of Business as stated above.

Updated: May 2018

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