Telemarketing Terms & Conditions
Agreement – the terms of the Agreement as defined by email correspondence and the Agreement form
Company – Professional Call Minders
Client – You
Data – sourced by the Company for the Client or supplied by the Client to the Company
DPA – Data Protection Act 1998
NDA – Non Disclosure Agreement
Services – the specific telemarketing services provided by the Company to the Client as set out in the Agreement
- The Agreement
1.1 No order for Services shall be deemed accepted by the Company until confirmed in writing by the Company’s authorised representative signing the Agreement.
1.2 The description of the Services shall be that set out in the Agreement.
- Obligations of the Company
2.1 The Company will undertake the Services with reasonable skill and care and will comply will all reasonable, lawful and proper requests appropriate to the completion of the Services to the Client.
2.2 The Company may use the Client’s name, logo, trade and service marks for the purpose of carrying out the Services as the Client’s representative.
2.3 The Company will endeavour to provide the Client with the results (in a mutually pre-agreed format) on completion of the Services.
2.4 The Company reserves the right to alter the wording of a script/question set at any time and without notice.
2.5 All forecasts made by the Company, including those related to appointments, are estimates given in good faith using the Company’s experience and judgment and do not constitute a guarantee, nor does the Company guarantee that the Client will enter into an agreement with any prospective client as a result of the Services provided by the Company.
2.6 The Company will seek the permission of the Client in the compilation of any published case study material in advance of any Company marketing and promotion.
- Obligations of the Client
3.1 The Client shall provide the Company with all information, co-operation, support and access to such facilities and resources as may be required to enable the Company to carry out its obligations to the Client.
3.2 The Client shall be responsible for delivering to the Company all necessary material in the manner, quantity, form and in accordance with the delivery timescale as set out in the Agreement where applicable. The Company reserves the right to charge a reasonable additional fee for any preparatory work necessary to amend the campaign where material is not supplied as agreed.
3.3 The Client warrants and represents to the Company that the Client has the unrestricted ability and authorisation to grant any and all rights in and to any material supplied to the Company.
3.4 The Client warrants that any material shall be true and accurate throughout the Service period and that the Client will notify the Company of any changes to that material.
3.5 The Client warrants that the Client shall be solely liable for the integrity, source and status of all Client data including any Client contact lists.
3.6 All Data sourced by the Company for the Client shall be paid for by the Client whether or not the Data is used by the Client.
3.7 It is the Client’s responsibility to provide sufficient Data for the scheduled hours of the campaign.
The Company is licenced under the DPA and is fully compliant with the DPA processes, procedures and guidelines.
4.1 Data Sourced by the Company for the Client
4.1.1 The Company will reasonably endeavour to ensure that the Data is sourced in accordance with the Client’s criteria, but the Company acts as a re-seller in this respect and cannot be held responsible for the quality or relevance of any Data procured on the Client’s behalf. The same applies if the Client requests the Company to source Data appends to enhance the standard of their own Data.
4.1.2 Whilst reasonable efforts will be made to ensure the accuracy of any Data obtained by the Company for use in providing the Services, the Company cannot, in any circumstances, accept liability for any loss, inconvenience or damage (including loss of profits) occasioned by any inaccuracy of, or any error in, any such Data.
4.1.3 All Data is supplied on a 12 months multiple use basis with an expiry date 12 months from the date of supply. Data is seeded to prevent misuse.
4.1.4 The minimum supply of Data by the Company to the Client is 500 records.
4.1.5 The Data cannot be lent or sold to a third party and is strictly for the permitted use as described in the Agreement.
4.1.6 The Client must ensure that the Data, nor any part thereof, shall be transferred or transmitted outside the United Kingdom and shall not be accessed or used outside of the United Kingdom.
4.1.7 For the purposes of email broadcast it is the responsibility of the Client to ensure that their email platform permits the broadcast of purchased Data eg Mailchimp is not a recognised email platform in this regard.
4.1.8 Email contact is limited to 12 individual emails and/or broadcast communications within the license period.
4.1.8 It is the responsibility of the Client that any recipient of emails has an option to unsubscribe.
4.1.9 The Client must not use the Data in connection with the delivery or communication of any defamatory, malicious or threatening statements.
4.2 Data supplied by the Client to the Company
4.2.1 The Client shall supply the Data to the Company in an agreed format that does not cause conflict with IT systems.
4.2.2 In the event that Data is supplied by the Client to the Company that causes disruption to the working processes of the Company, inclusive of but not restricted to viruses, spam or other nuisance, the Client is deemed to be liable and the Company will seek compensation.
4.2.3 If the Client requires the Company to access their systems then the Client is responsible for any licensing issues and the Company is not liable for any erroneous outcomes and cannot be held responsible by the Client.
4.2.4 The Company agrees to keep all Client information confidential as required under the terms of the DPA and the Company will enter into an NDA with the Client at the request of the Client.
5.1 Training material or a training session is to be supplied to the Company by the Client.
5.2 The time and expense of training will be specified on the Agreement.
5.3 Training can take place via the phone or face to face at the Company or Client’s premises.
- Telemarketing Pilot Campaign
6.1 This package is a campaign provided by the Company to the Client which is inclusive of 500 records sourced to the Client’s profile under the terms as described in section 4.1.3, it is also inclusive of training, the compilation of an agreed script/approach/presentation, 20 hours of calls and a fully detailed report.
6.2 If the training time/set up time exceed 4 hours then the number of hours spent on calls will be adjusted accordingly
6.3 A proportion of the Data returned to the Client by the Company when the campaign is completed will not have been worked. The Data is owned by the Client under the terms of the supply as described in section 4.1.3.
Ownership and all copyright of ideas, methodologies and manner of presentation (including briefs, proposals and reports) are the property of the Client.
- Confidentiality and Data Protection
8.1 The Company shall take all reasonable steps to ensure that all proprietary and confidential information supplied by a Client to the Company is not disclosed to a third party, except to the extent necessary for the Company to deliver its Service as per the Agreement.
8.2 The Company and the Client agree that in the course of the Company providing Services to the Client, the parties may disclose to each other certain levels of confidential information. The Company and the Client agree that they will not use the confidential information other than to perform their obligations under the Agreement.
8.3 The Company is fully licensed and compliant with the Data Protection Act 1998 number Z9448107.
8.4 All data collated is stored securely and backed up.
8.5 To the extent that the Company acquires from the Client any data in connection to the Services, the Company shall act as data processor only.
8.6 The Client shall remain as data controller in respect of such data and the Company shall act only on the instructions of the Client and take appropriate technical and organisational measures against unauthorised or unlawful processing of personal data and against loss or destruction of or corruption to any such data.
- Call Recording
9.1 For quality control and monitoring purposes only, all or specific calls made to or from the Company may be digitally recorded.
9.2 In accordance with DPA the Company cannot make recordings available to the Client other than by the Client listening to calls at the Company’s premises.
- Soliciting Staff
The Client shall not, for a period of 12 months following this Agreement, cause, encourage or assist employees of the Company to leave its services or do anything which would constitute a breach of this Agreement.
11.1 All prices quoted are subject to VAT.
11.2 Up front charges may be incurred by the Company and therefore the Client will have to meet these charges before the campaign can commence.
11.3 The Company will charge the Client a percentage up front and the balance on completion of the Campaign with a maximum of 14 day terms. This will all be detailed in the Agreement.
11.4 Payment can be made by cheque or BACS
12.1 If the Company’s performance of its obligations under the Agreement is prevented, suspended, delayed, or otherwise adversely affected by any act, omission or prevarication by the Client, the Company shall not be liable for any costs, charges or losses incurred by the Client.
12.2 The Client would be liable if they had caused such a situation outlined in section 12.1 and caused the Company financial loss, or any consequential loss such as loss of reputation and loss of opportunity to deploy resources elsewhere.
12.3 The Company’s liability to the Client for any breach of this Agreement, negligence, misrepresentation or otherwise shall be limited to the price payable by the Client under this Agreement. In no circumstances shall the Company be responsible for any consequential loss, however incurred, including without limitation loss of profit, business or anticipated saving.
- Force Majeure
Neither party shall be liable to the other for any loss or damage which may be suffered by the other to any cause beyond either party’s reasonable control including, but not limited to, any failure of telephone, internet or database systems, Act of God, terrorism, inclement weather, failure or shortage of power supplies, flood, drought, lightening or fire, strike, lock-out, trade dispute or labour shortage, any act or omission of government, telecommunication operators or other competent authorities, war, military operation, or difficulty, delay or failure of production or supply by third parties of materials necessary to carry out either parties’ obligations under this Agreement.
This Agreement is governed by and interpreted in accordance with English law. The parties agree that the English courts will have non-exclusive jurisdiction to hear any disputes relating to this Agreement.