Connect Call Answering
Terms and Conditions

effective from 1st July 2008

1. What Connect will do
     
1.1   Connect will answer incoming calls directed to the Call Answering telephone number supplied by Connect to the Client.
1.2   Connect will handle incoming calls and forward messages directed by the Client.
1.3   Connect will supply the Client with a summary of all calls taken on their behalf on a twice daily basis unless no incoming calls have been received on behalf of the Client since the previous call summary.
1.4   Connect will provide the Call Answering Service between the hours of 08:00 and 18:00 Monday to Friday excluding English bank holidays and public holidays.
1.5   Connect will submit appropiate VAT invoices for the fees chargable.
1.6   Outside of the hours specified in 1.4, Connect will provide a personalised voicemail service if requested by the Client. If the Client requests this option, messages shall be collected either by the Client themselves or by Connect on their behalf as specified by the Client. Messages collected by Connect on the Client's behalf will be relayed to the Client by the methods requested.
     
     
2. What the client will do
     
2.1   The Client will give to Connect such information and cooperation as Connect reasonably requires in order to provide the services described in section 1.
     
     
3. Duration of Relationship
     
3.1   This agreement will remain in place until terminated by Connect or by the Client as described in section 3.2.
3.2   If the Customer wishes to terminate this agreement, they must advise Connect in writing. The Client's closing month of service will begin on their usual monthly billing date following this advice.
3.3   Where such notice is given, Connect will continue to provide the service described in section 1 for the period of 1 month from the Clients usual monthly billing date immediately following their advice described in section 3.2.
3.4   Where notice of termination is given, the Client shall settle all invoices including those for fees incurred before and during the notice period within 7 days of the expiry of the relevant notice period.
     
     
4. Payment arrangements
     
4.1   All charges are to be settled by credit or debit card or by Direct Debit.
4.2   The Client agrees to the charges published at http://www.connect-communications.co.uk/terms
4.3   Voicemail messages collected by Connect on The Client's behalf will be deducted from free messages included in The Client's tariff or charged at the applicable additional call value if The Client's free call allowance has been exceeded.
4.4   Charges incurred in addition to the monthly charge for the package named in the relevant month's invoice will be charged in arrears on the billing date immediately following the charge being incurred. Such additional charges will chargable by the payment method described in 4.1
4.5   In the event that Connect does not receive payment in respect of any part of its service within 1 month of the relevant invoice being issued (or that payment is clawed back by the payer or the paying financial institution) for any reason, Connect may suspend or restrict its service to The Client without prior notice.
4.6   The Client shall make all payments due under this Agreement without any deduction whether by way of set-off, counterclaim, discount or otherwise unless The Client has a valid court order requiring an amount equal to such deduction to be paid by Connect to The Client.
4.7  

Connect will exercise its statutory right to claim interest and compensation for late payment of debts under the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002 if invoices are not paid according to agreed credit terms. Compensation will be charged at the following rates according to the value of the total debt:

  • Up to £999.99: £40.00
  • £1,000.00 to £9,999.99: £70.00
  • £10,000.00 or more: £100.00

Interest shall be chargeable on any amounts overdue at the rate of 8% above the current Bank of England base rate, fluctuating therewith, as applying from time to time to run from the due date for payment until receipt by Connect of the full amount whether or not after judgment and without prejudice to any other right or remedy of Connect.
4.8   If the Client fails to settle outstanding invoices in full, Connect may resort to engaging a third party debt collection agent or solicitor to recover the sums due. All costs incurred in recovering the debt will be chargable to the Client and added to the sums due by them to Connect.
     
   
5. Free Trial Period
     
5.1  

A free trial of Connect Call Answering is available to the Client free of charge for a period agreed with Connect but not greater than 1 week. The duration of this free trial period shall normally be confirmed in an email sent by Connect to the Client on set-up of the service. The free trial period will begin when Connect first receives a call directed to the Call Answering Service by or on behalf of the Client.
5.2   The service of transfering calls directed to Connect Call Answering to UK and international mobile and landlines are not included in this free trial offer. The handling of calls in this manner is chargable at Connect's standard rates published at http://www.connect-solutions.co.uk/terms.
5.3   On completion of or during the trial period described in section 5.1 the Client may end the service by informing Connect in writing of their decision not to continue with the service.
5.4   Connect will hold the service open for use beyond the end of the trial period described in section 5.1 while discussions continue between Connect and the Client with a view to the Client subcribing to Connect Call Answering on an ongoing basis as a paying customer. If the Client continues to make use of the service after the end of the agreed free trial period by continuing to direct calls to the service or by causing calls to be received by the service, they will be deemed to have become a paying customer of Connect for the Call Answering Service and be subject to the terms and conditions and charges relating to the service published at http://www.connect-solutions.co.uk/terms.
5.5  

Connect's offer of a free trial of the service is intended to allow the Client to appraise the service during normal trading conditions. The free trial is not intended to be used as a free alternative to any of Connect's chargeable tariffs:

  • it is not intended to be used to field calls arising from marketing campaigns unless such a campaign or campaigns will constitute all or part of the call traffic on an ongoing basis at the same level during chargeable service. Chargeable tariffs are available for this purpose;
  • nor is not intended to cover periods of holiday or reduced staffing. Connect's Holiday Cover tariff are available for this purpose.

Connect deems a deliberately misleading application for a free trial, or use of the free trial for periods unrepresentative of normal trading conditions to be an abuse of it's offer and reserves the right to end or suspend the provision of it's Call Answering Service without notice and without reference to the client and charge an appropriate tariff for the period of service.
     
     
6. Limits of liability
     
6.1   Nothing in this Agreement excludes or limits the liability of Connect for death or personal injury caused by Connect’s negligence, or its liability for fraudulent misrepresentation.
6.2   Subject thereto, the following provisions set out the entire financial liability of Connect (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client in respect of:-
6.2.1   any breach of this agreement; and
6.2.2   any representation, statement or act or omission including negligence arising under or in connection with this agreement.
6.3   All warranties, conditions and other terms implied by law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from this agreement.
6.4   Subject as above:-
6.4.1   Connect's total liability in contract, delict (including negligence) or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the fees paid to Connect by the Client; and
6.4.2   Connect shall not be liable to the Client for any loss of profit, loss of business, depletion of goodwill or otherwise, costs, expenses or claims for indirect or consequential loss or damage of any kind whatsoever (howsoever caused) which arise out of or in connection with this agreement.
     
     
7. Confidentiality
     
7.1   Connect is aware that the Client is concerned to maintain confidentiality in respect of all confidential information of the Client. Accordingly, Connect undertakes that both during this agreement and thereafter it will maintain absolute confidentiality in respect of all such information which has come or may come to its knowledge, and it will exercise due care to avoid any unauthorised use, disclosure or publication of any such information.
7.2   Connect undertakes to procure that, upon the termination of this agreement for whatever reason, Connect will immediately return (at the expense of the Client) all documents, papers and records containing or referring to confidential information relating to the Client or its business, and this obligation shall survive notwithstanding such termination.
     
     
8. Data Protection Act
     
8.1   The Client confirms that it is a Data Controller under the terms of the Data Protection Act 1998 (‘the Act’) and undertakes to comply fully with its responsibilities as such. Connect undertakes to comply with the general principles of fair and lawful processing imposed on data processors under the Act.
     
     
9. Delays beyond the control of Connect
     
9.1   Connect reserves the right to suspend or cancel the provision of the services described in section 1 if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Connect including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of materials or services.
     
     
10. General
     
10.1   Each right or remedy of Connect under this agreement is without prejudice to any other right or remedy of Connect.
10.2   If any provision of this agreement is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of this agreement and the remainder of such provision shall continue in full force and effect.
10.3   Failure or delay by Connect in enforcing or partially enforcing any provision of this agreement will not be construed as a waiver of any of its rights under this agreement.
10.4   Non-geographic telephone numbers supplied free of charge by Connect for the operation of the Virtual PA service remain the property of Connect during and after the period of this agreement. If the Client wishes to continue to use the any non-geographic telephone number after the termination of this agreement, the number must be purchased or leased from Connect under a seperate agreement.
10.5   Any waiver by Connect of any breach of, or any default under, any provision of this agreement by the Client will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of this agreement.
10.6   Save as expressly provided in this agreement, no amendment or variation of this agreement shall be effective unless in writing and signed by a duly authorised representative of each of the parties to it. For the avoidance of doubt, and without limiting the generality, this shall apply notwithstanding any terms or conditions which are endorsed upon, delivered with or contained in the Client’s purchase order, confirmation of order, specification or other document.
10.7   Neither party shall without the prior written consent of the other party assign, transfer, charge or deal in any other manner with this agreement or its rights under it or part of it, or purport to do any of the same, nor sub-contract any or all of its obligations under this agreement.
10.8   These terms and conditions supercede and replace all previous terms and conditions.
     
     
11 Notices
     
11.1   Any notice required to be given by either party hereunder may be left at or sent by registered or recorded delivery post to the address shown on the first page hereof or to such new address as may be intimated from time to time.
11.2   Any such notice shall be deemed to be served at the time when the same is handed to or left at the address of the party to be served or, if served by post, four days after the date of posting.
     
     
12. Governing law and jurisdiction
     
12.1   This agreement shall be governed by, and construed according to, Scots law.
12.2   The parties hereby prorogate the non-exclusive jurisdiction of the Courts of Scotland.