Telephone Answering Terms & Conditions
Agreement – the terms of the Agreement as defined by email correspondence and the Agreement form
Company – Professional Call Minders
Client – You
DPA – Data Protection Act 1998
Services – the specific telephone answering 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 provide an 01905 number to the Client for the purpose of call diversion. Any associated call diversion costs are the responsibility of the Client.
2.4 The Company will endeavour to provide the Client with accurate messages and communications for the duration of the Services.
2.5 The Company will endeavour to send messages in real time according to the instructions of the Client by email or text or both.
2.6 The Company will endeavour to manage voicemails in accordance with Client instructions, voicemails can be emailed as WAV files or the Client can opt for a managed service where voicemails are accessed and transcribed by the Company.
2.6 The Company keeps an archive of Client messages for 3 calendar months.
2.7 The Company reserves the right to make amendments/updates/changes to the Services or prices subject to a minimum of 30 days notice to the Client.
2.8 The Company reserves the right to charge for handled calls on a price per minute basis or on a higher price per call rate if the call durations are consistently long. The Company and the Client would reach a mutual agreement in this case.
2.9 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 allocated 01905 number for the purposes of call divert is not to be published by the Client and is for the explicit use of diverting calls only. The Company reserves the right to change, amend or cancel the divert number without prior notice.
3.3 It is the Client’s responsibility to test their call diversion to their allocated 01905 divert number. From the first divert and the first call received it is deemed that the Client has entered into the Agreement.
3.4 The Client is not to use the allocated 01905 number for any other purpose other than the legitimate purpose of call divert and the allocated line is not to be utilised for any purpose that is illegal, immoral or inappropriate for business purposes.
- 4. Free trial
4.1 A free trial of 25 calls within one month is provided by the Company to the Client.
4.2 The free trial starts when the first call is received.
4.3 The free trial is not to be utilised for holiday cover, short term cover, to field marketing calls as part of a campaign or for any other purpose other than to test the services of the Company.
4.4 If diary management is required, the telephone answering will be free as part of the free trial but in the event that the Company needs to incur charges to deliver the service to the Client then this will be considered to be outside the scope of the free trial.
4.5 Voicemail management is free for the duration of the free trial.
4.6 If the service is utilised beyond the duration of the free trial then it is deemed that the Client is a paying customer and all calls over and above the agreed 25 call limit will be chargeable.
- Holiday/short term cover
5.1 The minimum duration for holiday/short term cover is 2 weeks.
5.2 The price for holiday/short term cover is £15.00 per week plus £2.00 per call.
5.3 The Company will endeavour to follow the Client’s instructions with regard to messages that will be sent by email or text or both.
5.4 There is no limit to the number of holiday/short term covers in a year however the Company cannot guarantee to provide the same 01905 number for the purposes of call divert.
6.1 If the Client requires the Company to be trained in specific products or services, then the Company reserves the right to modify the Services and charge appropriately.
6.2 Training material or a training session is to be supplied to the Company by the Client.
6.3 The time and expense of training will be specified on the Agreement.
6.4 Training can take place via the phone or face to face at the Company or Client’s premises.
Ownership of all data captured by the Company in the process of providing the Services is deemed to be 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 Services can commence.
11.3 The Company will invoice the Client in arrears at end of each calendar month.
11.4 The Company will send the invoice via email to the Client as a pdf document.
11.5 Payment is taken by direct debit on the 14th day of the following month utilising the Go Cardless facility. This will all be detailed in the Agreement.
11.6. For holiday/short term cover only payment can be made by cheque or BACS.
11.7 Failure to make payment as agreed may result in the Service being interrupted or terminated.
12.1 The Client is required to provide the Company with 30 days notice in writing to terminate the service – emails to be sent to firstname.lastname@example.org
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.