Terms & Conditions
“Easy Answering” shall mean HGVO Ltd
“Supplier” shall mean HGVO Ltd who are the supplier primarily responsible for the provision of the service.
“Client” Shall mean the company who enter into an agreement by the acceptance of these Terms and Conditions with HGVO Ltd.
“Service” shall mean any services supplied by HGVO Ltd.
Registration Number 403742
1) The service is normally provided for a minimum term of THREE months.
2) Should either party wish to cease the service notice must be given in writing not less than ONE MONTH prior to the next billing date.
3) Easy Answering will provide personnel to answer incoming telephone calls in the name of the client’s company as detailed on the booking form unless instructed otherwise.
4) A message will be taken wherever a caller wishes, and that message will be logged on the Easy Answering Message Management system.
5) All messages will be held until the client requests delivery of them unless it has been agreed that messages will be relayed upon receipt.
6) The client may have the messages relayed in written form by way of either Email or SMS transmission.
7) Where requested, Easy Answering will use its discretion to assess whether a message is urgent or important and relay the same via SMS to a designated mobile telephone, or via FAX or Email.
8) It is the sole responsibility of the client to affect the successful diversion of all calls from its normal telephone to the number provided for this service by Easy Answering. The client will need to organise this with BT or their telephone services provider if not BT.
9) Easy Answering cannot be responsible for ensuring this divert facility is active although it is essential for the provision of the Easy Answering service. Easy Answering is unable to refund any payments should this facility not work for any reason.
10) Easy Answering personnel will only answer incoming calls between the hours of 8.30am and 6.00pm Monday to Friday: Day Service Clients Out with these hours and all day on Bank Holidays calls will be answered by a voicemail system. If a client elects to have a personal voice box, where callers can leave a message Easy Answering will transpose any such messages on behalf of the client and include them in the log of all messages provided on the next working day unless agreed to the contrary.
11) For clients who subscribe to our Out of Hours service – this will be provided by out third-party provider from 6pm – 8:30 am Monday to Thursday and from 6pm Friday until Monday 08:30 am. Also including the following bank holidays Christmas Day, Boxing Day and 1st January.
12) Call Patching – the prices quoted assume call duration of not more than 20 minutes to UK landlines and 10 minutes to mobiles. Easy Answering reserve the right to either withdraw this service or levy a reasonable surcharge should the client take calls that last longer than this. Easy Answering cannot be responsible for the reliability of calls patched through to mobile phones in particular. Easy Answering will attempt to patch callers through to up to TWO numbers and no more before taking a normal message from the caller.
13) Weekend & Out of Hours Service – Those clients using this service should note that the personnel that answer the calls during the week may not necessarily be the same people that answer calls at weekends or Out of Hours due to changing shift patterns.
14) The prices quoted assume typical call duration of no more than three minutes. At its sole discretion, Easy Answering may charge clients a surcharge if calls habitually take longer than this.
15) In return for the standard charge, Easy Answering will endeavour to log the following information each time a call is taken: 1) The name of the caller 2) their company name 3) their telephone number, plus 4) a basic message unless expressly agreed with you e.g follow up to sales leads, appointment diary booking call backs, CRM and email responses.
Outbound calls, where required, made on behalf of Clients business, e.g follow up to sales leads, appointment diary booking call-backs CRM and email enquiry responses, credit control calls, surveys etc are made at a time convenient to Easy Answering unless previously agreed with the client. Outbound calls will be costed and charged separately from the inbound call handling package depending on service level factors such as time taken, call knowledge complexity, international calls, patched calls, further admin services which may be required from the Clients.
16) Easy Answering are happy to take extended messages including credit card details and the processing of other data at the request of the client conditional on a surcharge for each such extended message. If it is felt necessary to make such a charge, we will not do so without first agreeing a specific rate with the client.
17) Easy Answering will store all messages for three months at no charge to the client.
18) Thereafter there will be a monthly “Archiving Charge” for those clients wanting us to store their messages beyond this period.
19) Should any client who has paid the monthly “Archiving Charge” require a copy of a message after three months a “Search Fee” will be charged on each occasion?
20) If a client chooses not to pay the monthly “Archiving Charge” Easy Answering will be unable to provide copies of any messages that were taken more than three months earlier.
20) All sums payable under this agreement unless otherwise stated are exclusive of VAT and other duties or taxes.
21) Any VAT is due in UK Rates in respect of the payments shall be payable in addition to such sums.
22) Following completion of any free trial period, the service must be cancelled in writing to avoid incurring Service charges
23) The only methods of payment that are accepted are Direct Debit or Credit or Debit Card.
24) Payment must be made monthly in advance with any additional charges being billed monthly in arrears.
25) A month’s tariff may also be taken at the outset by way of a fully refundable deposit that will be repaid on the termination of the service providing no sums are outstanding.
26) All subsequent payments will be due within 7 days of our Invoice and we will process your payment using the same credit or debit card used to open the account unless you instruct us to the contrary. Thereafter we may invite you to pay by way of Direct Debit mandate. We do not accept cheques as a method of payment.
27) Easy Answering reserves the right to suspend its service if any sums become overdue, or if it has reasonable grounds to believe that any aspect of the service is used for illegal or fraudulent purposes.
28) An additional charge maybe made for messages delivered by any method other than email
29) The company reserve the right to apply a credit limit to the accounts of all Clients, normally equal to one-month package value. Easy Answering reserve the right to request interim payment if this is exceeded, also to suspend service if the credit limit is exceeded or there is reasonable cause for concern regarding account payments
30) Service prices may be reviewed annually in line with good business practice and inflationary needs. One month’s written notice will be given of any intended annual price increase as required. Easy Answering reserve the right to amend the cost of provision of services at any time should the Clients service level changes or the workload or volumes increase significantly after the original price was agreed. A notification may be provided in invoice emails or invoices themselves.
31) Any subsequent service provided by Easy Answering or its suppliers to the Client may or may not be subject to a separate agreement without prejudice to these Terms and Conditions
32) Easy Answering shall be entitled forthwith to suspend or terminate its service if the client commits any material breach to the Terms and Conditions or after written notice is given by the supplier who fails to remedy the breach within 5 days
33) Easy Answering shall be entitled forthwith to suspend or terminate its service if an encumbrancer takes position or a receiver is appointed over any of the property or assets of the Clients or the Client goes into liquidation or makes a voluntary arrangement with its creditors or becomes subject to an administration order or the Client ceases or threatens to cease to carry on business. In any such case, all amounts owing to Easy Answering shall become immediately due and payable.
34) Easy Answering shall be entitled to charge the Client interest at 4% per annum above HSBC Bank plc base rate from time to time on accounts more than 7 days overdue.
35) Easy Answering reserve the right to recover damages or pursue any other remedy available to it in respect of any breach by the Client of these Terms and Conditions.
36) Neither party shall at any time during or after the term divulge, or allow to be divulged, to any person any confidential information relating to the business or affairs of the other.
37) We shall use reasonable skill and care in providing our contracted services to you. Except as expressly provided in these terms and conditions, we expressly disclaim, to the extent permitted by law, any further representations (except misrepresentations made fraudulently), warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a purpose or reasonable care and skill. We shall not be liable to you for any mistakes made in connection with our call handling, administrative or managed live chat services. Easy Answering shall not be liable in contract, tort (including negligence), statutory duty or collaterally or otherwise arising out of or in connection with these terms and conditions for consequential, indirect or special loss or damage or any economic loss (including loss of revenues, profits, contracts, business or anticipated savings), in each case whether advised of the possibility of such loss or damage and howsoever incurred. Our maximum liability in contract, tort (including negligence), statutory duty or collaterally or otherwise arising out of or in connection with these terms and conditions and/or Easy Answering, shall, in respect of one or more events or series of events (whether connected or unconnected) taking place within any twelve-month period be limited to the lesser of £30 or the sums paid by you in such period. Notwithstanding any provision of these terms and conditions: (i) your statutory rights as a consumer are not affected; (ii) we will be liable to you without limit for any death or personal injury caused by our negligence and to the extent that liability arises be liable to you without limit for any death or personal injury caused by our negligence and to the extent that liability arises under Part 1 or section 41 of the Consumer Protection Act 1987 and for liability arising from statements made fraudulently by us.
THE SUPPLIER’S RIGHT TO ASSIGN
38) This agreement and all rights under it may be assigned or transferred by the Supplier but not by the Client.
39) This agreement shall be subject to and interpreted in accordance with the laws of Scotland
40) All rights granted to either of the parties shall be cumulative and no exercise by either of the parties of any right under this agreement shall restrict or prejudice the exercise of any other right granted by this agreement or otherwise available to it.
41) The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.
42) If you use Easy Answering for any illegal purpose or for any purpose other than that expressly permitted by these terms and conditions or in breach of these terms and conditions you will be liable to indemnify us in full for any loss, liability or cost which we incur that arises from or in connection with any such use or alleged use.
43) The Client or any of its officers, employees or associates may not at any time (either during or within five years of the last provision of service by The Supplier) contract with, employ, reward or pay – either directly or indirectly* – any employee, agent or freelancer introduced by, retained by or in any relationship with The Supplier. Should the Client or any of its officers, employees or associates breach this term, a fee of the greater of £3,500 or 12.5% of the employee’s annual total cost to the Client will become payable to The Supplier immediately. The Supplier will invoice the Client for this fee if it has a reasonable suspicion that the Client is in breach of this agreement, if The Client provides evidence in writing that this agreement has not been breached The Supplier will cancel the invoice.
* Including but not limited to other companies controlled by, owned by or associated with the Client or any of the Client’s employees, officers or associates.
STATUS OF THE SUPPLIER
44) During the Term, the Supplier shall be an independent contractor and not the servant of the Client.
45) All disputes, or differences ,which shall at any time arise between the parties, whether during the Term or afterwards touching or concerning this agreement or its construction or effect or the rights, duties or liabilities of the parties under or by virtue of it or otherwise or any other matter in any way connected with or arising out of the subject matter of this agreement shall be referred to a single arbitrator to be agreed upon by the parties or in default of agreement to be nominated by the President for the time being of the Charted Institute of Arbitrators in accordance with the Arbitration Acts 1950 to 1997 or any statutory modification or re-enactment of it for the time being in force.
46) The contract for the purchase or sale of Services shall be governed by the Scottish Law and the client agrees to the exclusive jurisdiction of the Scottish Courts
48. Easy Answering reserve the right to amend these terms and conditions should this become necessary.