The following terms represent the terms of an agreement between The Appointment Factory Limited t/a Answermyphone.biz (‘Answermyphone.biz’) of 1st Floor, 10 Merthyr Road, Cardiff, CF14 1DG and yourselves (‘the Client’) and supersedes all previous agreements whether written or oral. By using our services you agree to the following unless otherwise agreed between the parties.
In this Agreement: “”ClientAgreement” ” shall mean the contract between Answermyphone.biz and the Client for the provision of Services. shall mean the person, firm or company who purchases Services from Answermyphone.biz. “Monthly Tariff” shall mean the fixed monthly fee which is payable by the Client to Answermyphone.biz as advised byAnswermyphone.biz to the Client.”Services” shall mean any services provided by Answermyphone.biz to the Client.
A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or reenactment and includes are subordinate legislation for the time being in force made under it.
- Contract Length
This Agreement shall be for an initial period of one month and, after that, it shall continue in force until it is terminated by either the Client or Answermyphone.biz by giving a month’s notice to the other, such notice to expire at the end of a month. Nothing in this clause affects the right of termination under clause 10.
- Service Provided to Client
Answermyphone.biz will ensure that highly trained P.A.’s who are familiar with your product or service answer your calls in your company name and then deal with reasonable enquiries and relay messages to you by text email, or fax.
Any changes or additions to this Agreement must be agreed in writing by an authorised representative of Answermyphone.biz.
Answermyphone.biz may at any time without notifying the Client make any changes to the Services which are necessary to comply with any applicable statutory requirements, or which do not materially affect the nature or quality of the Services.
- Monthly Tariff
The fixed Monthly Tariff is due and payable monthly in advance. Any additional costs in addition to the fixed monthly cost shall be invoiced at the end of the each month. If this Agreement commences part way through a month then the first payment shall include the proportion of the Monthly Tariff payable for the part of the month, calculated on a prorata basis, together with the Monthly Tariff for the first full month. All invoices delivered to the Client will be treated as agreed unless the Client notifies Answermyphone.biz of any discrepancies within 7 days of the date of the invoice. All charges quoted to the Client for the provision of the Services shall be exclusive of VAT, for which the Client shall be additionally liable at the prevailing rate. Payment terms on all invoices is 14 days.
Answermyphone.biz reserves the right to amend the cost of the provision of Services at any time upon 1 month’s notice.
- Overdue Payments
Without prejudice to any other right or remedy that it may have, Answermyphone.biz shall be entitled to charge the Client interest at the rate of 8% per annum above HSBC Bank plc base rate from time to time on accounts in excess of 30 days overdue. If the Client fails to make payment by the due date then, without prejudice to any other right or remedy that it may have, Answermyphone.biz shall be entitled to suspend all or part of the provision of Services to the Client.
- Required Information
The Client shall provide Answermyphone.biz with all the information and support reasonably required by Answermyphone.biz to provide the Services including but not limited to changes in personnel, holidays and product/service costs, if appropriate. It is also the Client’s sole responsibility to ensure that their phone line is diverted to Answermyphone.biz as required.
- Data Protection
Answermyphone.biz will treat all information received from the Client and all calls and messages for the Client as strictly confidential unless otherwise required by law. The Client acknowledges and agrees that personal data will be processed by and on behalf of Answermyphone.biz in connection with the provision of the Services and Answermyphone.biz confirms that it will comply with the provisions of the Data Protection Act 1998. All employees of Answermyphone.biz enter into a confidentiality/nondisclosure agreement in respect of information that they become aware of whilst answering the telephone on behalf of the Client.
- Malfunctioning or Defective Equipment
The Client accepts and acknowledges that malfunctioning or defective equipment may cause interruption of the Services, that atmospheric conditions under special circumstances may cause interference to the provision of the Services and that calls and data may be routed over national and international public telecommunication systems and other networks beyond the control of Answermyphone.biz .
Answermyphone.biz reserves the right to suspend all or part of the provision of Services to the Client and to recover damages or to pursue any other remedy available to it in respect of any breach by the Client of this Agreement.
- Restrictive Covenant
The Client shall not, without the prior written consent of Answermyphone.biz at any time from the date of this Agreement to the expiry of six months after the termination of this Agreement, solicit or entice away from Answermyphone.biz or employ or attempt to employ any person who is, or has been, engaged as an employee or subcontractor of Answermyphone.biz in the provision of the Services.
- Except in respect of death or personal injury caused by Answermyphone.biz ‘s negligence, Answermyphone.biz shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement or any indirect, special or consequential loss or damage (whether for loss of profits or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of
Answermyphone.biz, its employees, agents or otherwise) which arise out of or in connection with the supply of Services or their use by the Client, and the entire liability of Answermyphone.biz under or in connection with this Agreement shall not exceed one month’s Monthly Tariff. Answermyphone.biz shall not in any event accept any liability for any equipment or services which are provided by third parties including but not limited to telecom services providers, facsimile machines, internet services providers and mobile telephone network providers.
- biz shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by the Client which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or nonarrival or any other fault of the Client
- biz shall not be liable to the Client or deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of Answermyphone.biz ‘s obligations in relation to the Services, if the failure or delay was due to any cause beyond Answermyphone.biz ‘s reasonable control including without limitation any acts of God, war, riot, civil commotion, malicious damage, explosion, flood, tempest, fire or accident, or acts, restrictions, regulations, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, strikes, lockouts or other industrial actions or trade disputes, difficulties in obtaining raw materials, labour, fuel, parts or machinery, failures or interruptions in the supply of power including failures or interruptions suffered by network providers, breakdown in machinery or equipment or default of suppliers or subcontractors.
- Termination of the Agreement
The Client agrees not to use the Services for any unlawful immoral or improper purpose and acknowledges that such use constitutes grounds for immediate termination of the Services by Answermyphone.biz . Answermyphone.biz shall be entitled forthwith to terminate this Agreement if:
- the Client commits any continuing or material breach of any of the provisions of this Agreement and, in the case of such a breach which is capable of remedy, fails to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied;
- an encumbrancer takes possession or a receiver is appointed over any of the property or assets of the Client;
- an order is made or a resolution is passed for the windingup of the Client; or
- the Client makes any voluntary arrangement with its creditors or becomes subject to an administration order;
- an order is made or a petition is presented for the bankruptcy of the Client;
- the Client is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
- the Client ceases, or threatens to cease, to carry on business;
Answermyphone.biz may assign this Agreement and its rights and obligations under this Agreement provided that it gives 1 months’ notice to the Client.
Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing sent by post, email or facsimile addressed to that other party at its registered office or usual place of business.
- Forbearance and Waiver
No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either party of any breach of this Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of this Agreement is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
- Times of ServiceThe Service operates Monday to Friday between the hours of 9:00am and 5:00pm excluding Bank and Public Holidays.
- Cost of Service The cost of the Service shall be agreed at the commencement. An additional telephone answering service may be requested by the Client at an additional cost for use outside of the times of service as outlined in clause 16 above.
- Law Applying
This Agreement shall be governed by the laws of England and the Client agrees to submit to the exclusive jurisdiction of the English Courts.