1. When a job is accepted by Taw Valley Telecoms Ltd hereafter referred to as 'TVT' this constitutes acceptance of the companies' Terms and Conditions by the customer. TVT's terms and conditions supersede any terms and conditions previously imposed by the customer. These Terms and Conditions may be revised from time to time and it is the customer's responsibility to ensure that they request an up to date copy.
2. TVT shall sell and/or provide and the customer shall purchase the goods and/or services as per the acceptance of TVT's quotation/estimate.
3. All quotations / estimates issued by TVT are open for acceptance for 10 days only. TVT reserves the right to change the quotation at any time. The customer shall be responsible to TVT for ensuring the accuracy of the details specified in TVT's quotation / estimate. When the Customer signs up via paper based systems or via the on line sign up system, this constitutes acceptance of TVT's terms and conditions. TVT reserves the right not to begin work until the sign up process is completed, including deposit monies being received.
4. TVT cannot accept any liability for any third party transaction, which TVT arranges on behalf of the client. Any disputes must be taken up with the third party. The Customer shall indemnify TVT against all and any cost, claims, liabilities and expenses suffered or incurred by the Customer as a result of this business relationship. The customer is wholly responsible for compliance of any legislation and takes full responsibility for data compliance. Whilst TVT has stringent quality control procedures in place we work within a normal tolerance level for errors of around 5%. This applies to all aspects of the business including IT, systems, human error etc.
5. TVT offers a call centre service, which will be manned by a combination of live operators during normal working hours and either live operators or IVR outside of these hours by arrangement.
6. Whilst every reasonable effort is made to ensure that staffing requirements match our clients' call volumes, TVT cannot offer any guarantees on staffing levels, due to the erratic nature of inbound call handling. IVR may also be used when the volumes are exceptionally high enabling missed calls to be captured.
(i) The customer will provide initial training to TVT personnel where applicable who will subsequently deliver training to TVT telephone personnel. The customer will pay any applicable or necessary costs for telephone personnel training. TVT is responsible for the costs associated with ongoing skills training of personnel and for any other training and development within the initial brief.
(ii). All information and other facilities reasonably requested by TVT to enable it to perform the Services shall be supplied by the customer within reasonable time-scale and any information or data supplied by the customer shall be accurate and sufficient to enable TVT to perform the Services as agreed. The customer maintains responsibility for full payment of Services in the event of a delay in providing or failure to provide the necessary information and facilities.
7. TVT accepts no liability whatsoever for the content of any communication on behalf of the customer either verbal or written. We will always endeavour to represent your organisation in a professional manner.
8. TVT agrees to provide the customer with a message taking/order taking service where all reasonable efforts will be made to ensure that accurate data is recorded and the customers' requirements are fulfilled. TVT uses third parties to relay messages to the customer and while all reasonable measures will be taken by TVT to maintain levels of service, TVT cannot guarantee or be held liable in full or in part to the level of service provided by these parties, this includes but is not exclusive to e-mail providers, SMS text message providers, customers website outages, outages caused by power failures, results of unforeseen circumstances, events of war or acts of god etc.
9. Standard terms for call answering are monthly fee payments by credit/debit card or if this is not possible by cheque by special arrangement only at the discretion of Company directors. TVT can only accept certain cards, all new customers must provide credit card details before they are able to commence the service, this includes the "Free Trial Offer". If there is any query or dispute with any invoice, this must be raised within 10 working days of the date of invoice in writing, otherwise the invoice will be deemed to be accepted by the customer and there will be no further redress what so ever. A 2% service charge will be levied on all credit card transactions.
10. All payments not received will be taken from the nominated credit card after a period of 14 days from the original invoice date providing that no dispute with the invoice has been raised with TVT in writing within 10 days of the original invoice date. The client must ensure that their payment details are kept up to date. The client will be informed in writing of any overdue payments, these will be taken from the nominated card within 5 days from the date of issue of notice. TVT reserves the right to suspend the service and withhold the customer's data without prejudice until all payments are brought up to date.
11. Should the customer choose to take advantage of any "Free Trials" or subsequent offers made by TVT, they will be bound to the terms and conditions of that offer until the period where such offer expires when the customer will be bound to the standard Company terms and conditions. Termination by either party must be not less than two working days in writing prior to the next monthly billing date and a signed document must be sent by recorded delivery for the avoidance of all doubt, electronic methods or facsimiles will not be accepted. All call centre pricing is based on the information given at the time of the quotation.
12. The customer is charged for the agreed monthly fee as well as the standard call charge in minutes at the rate applicable to their call plan. The customer will also be charged for any additional Company services that are taken up, including but not exclusive to SMS services, online diary facilities etc. TVT will make all reasonable efforts to filter unwanted calls, however TVT cannot regulate the calls that are answered by agents on behalf of the customer. The customer will be liable for all minutes that agents are on the phone and the customer is subsequently invoiced. TVT cannot be held liable for any costs incurred by the customer during the contract.
13. Line set up rates and monthly fees are based on one line only. Additional lines will be charged accordingly. Price agreements are based on accurate information in advance from the client such as anticipated call volumes, duration of calls, length of contract etc. Should anything materially change from the information supplied on which the agreed prices were based, TVT reserves the right to adjust the charges accordingly to ensure that TVT is compensated for decisions made based on inaccurate information supplied by the client.
14. Should the customer choose to continue the Virtual Receptionist service following the "Free Trial Period" then all terms and conditions that apply to that offer shall be superseded by the standard Company terms, the customer agrees to comply with TVT's standard terms, should the customer choose to end the service following the "Free Trial Period" the customer agrees to pay TVT on demand all monies due as per the Offer terms and conditions.
15. It is the customer's responsibility to cancel any telephone diverts to TVT upon termination of the contract by either party. All calls that continue to be received by TVT after the termination period will either be unanswered or be deemed as chargeable regardless of written notice being given. These funds will be taken from the nominated bank account or credit card. Invoices will continue to be issued in these circumstances to alert the customer of the situation and formal written notification will be issued before receipt of payment.
16. Subject, as expressly provided in these conditions, all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law. TVT shall not accept liability for consequential loss, and TVT shall not be liable to the customer for any act or omission approved by the customer or for any breach of the contract if such due to any cause beyond TVT's reasonable control. TVT does not pay compensation unless expressly agreed by a TVT director to a maximum value of £50.00. Any claims must be made in accordance with clause 9.
17. TVT shall, without prejudice, be entitled to terminate the contract without liability by notice given at any time, if the customer makes any voluntary arrangement with its creditors or becomes subject to any administration order, has a bankruptcy petition presented against him/her or (being a company) becomes subject to an administration order or goes into liquidation or an encumberencer takes possession, or a receiver is appointed for any of the property or assets of the customer.
18. Payment terms are strictly on a proforma basis for new clients. Payment terms will be discussed in advance or detailed on the invoice. All late payments will be subject to interest at a rate of 5% above Bank of England base rate and a £25 administration charge. All costs of recovery will be paid for by the client, including the administrative costs of recovery.
19. In order to be eligible for credit terms, customers may be required to supply two trade references and a bank reference. Should late payment occur the customer will not be eligible for credit terms in the future. Should TVT incur any additional costs in order to recover outstanding debts then these costs will be added to the total amount due.
20. If the customer fails to make any payment on the date due then TVT shall be entitled, without prejudice and without liability, to cancel or suspend the contract and/or any other contract, and/or retain any goods belonging to the customer, which TVT has in its possession or control pending receipt of payment in full.
21. It is the customer's responisibility to ensure the details such as telephone numbers and addresses held by TVT are kept up to date. If these are not kept up to date and TVT have to perform a search to obtain up to date details in order to contact a customer, then the customer shall be liable for all costs associated with the search.
22. The terms and conditions apply solely to inbound call centre services offered by TVT, other services offered by TVT including but not exclusive to outbound services, online facilities, mailing and fulfilment as part or in whole to the service are bound by their own terms and conditions. It is the customer's responsibility to familiarise themselves with all relevant terms and conditions.
23. These Terms and Conditions apply to Taw Valley Telecoms Ltd of Victoria Chambers, 15 Gammon Walk, Barnstaple, Devon, EX31 1DJ and are subject to English Law.