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Your 9 to 5 Ltd - Terms and Conditions

Your 9 to 5 Limited Monthly 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 – Your 9 to 5 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:
(f) 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 .
(g) 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.
(h) 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.
(i) Calls will be terminated by the company if the caller is abusive, uses obscene language, racist, sexist, and/or unpleasant.
(j) 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 Any small account amendments are at no charge but major changes will incur a £10 + administration fee which will be
discussed and agreed in advanced.
3.3 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.
3.4 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.
3.5 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.
3.6 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.
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 are to be monitored and/or recorded for training purposes.
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.
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.