Terms and Conditions
We endeavour to keep the T&Cs as clear to read and understand as much as possible to reduce the amount of Jargon and hard to understand language in order to effectively communicate what you would expect from us and we expect from you.
Please Note: We do not offer virtual mail/postal or virtual office location services.
Changes to these Terms
In these conditions the “Company/Our/Us/We” means Jamie Starbuck t/a Asonda’s Call a Real Person.
1.2 The “Customer/Client/You” refers to the company or firm or individual buying/using our service.
1.3 The ‘Service’ is our Call Answering Service.
1.4 ‘The Terms/T&Cs/Terms’ and Conditions and ‘Contract’ refer to this document.
2. Scope of Conditions
2.1 These terms form the basis for the relationship between Call a Real Person and our client (Contract).
2.2 Upon receipt and acceptance to us of the clients sign up form or verbally over the phone, we shall take the required steps to enable us to begin providing the service.
2.3 These terms also apply to a clients ‘Free Trial’.
2.4 By signing up online or verbally and on acceptance from us, your and our relationship is bound by these Terms and Conditions.
3. Call a Real Person Duties
3.1 Call a Real Person will provide the services to the customer, in this case, a call answering service.
3.2 We will endeavour to answer all calls that are diverted to us from our client, however there are cases where we would be unable to due to periods of high demand, technical outage, Force Majeure, therefore our service is not a guarantee that every call will be answered nor is there a guarantee on time taken to answer every call.
3.3 We will take your diverted call and any message that needs relaying will be done so via your chosen communication, which will be a selection of either Text Messages (SMS) and/or E-Mail.
3.4 We will not use your business name, logo, address or any details of your business in any of our publication materials unless we have prior consent to do so.
4. Customers Obligations
4.1 The customer shall provide Call a Real Person with all information and co-operation that we reasonably require to enable us to perform the Services to the client under these Terms and Conditions.
4.2 The information that the customer provides us must always be kept up to date and the customer should notify us of any changes to allow us to continue to provide the service as outlined in these Terms and Conditions.
4.3 It is the customers responsibility to ensure their divert facility is properly set up by their network provider to ensure that the desired calls are directed to the appropriate unique Call a Real Person divert telephone number.
4.4 It is the customers responsibility to ensure that all the means of communication to receive the call messages remain fully operational. Please refer to 4.2 above.
4.5 The customer must not undertake any illegal, defamatory, obscene, immoral, harmful actions/business activity, this will result in service termination and if necessary, reported to authorities.
4.6 The customer must not use the service to be deceitful, to lie, to hide behind or perform illegal activities. This will result in service termination and if necessary, reported to the authorities.
4.5 The customer shall not use our business name, logo, address or any details of our business in any publication materials unless you have consent from us to do so.
4.6 The customer must not use deceitful tactics to exploit our free trial.
4.7 The customer must notify us if payment of our invoice may not be met so that we can respectfully and mutually agree on an action so that elements of sections 6. And 7. could potentially be avoided.
4.8 The customer must periodically review these Terms and Conditions as Call a Real Person may modify these Terms and Conditions at any time and upon modification your continued use of the service shall be deemed acceptance of the modified terms. You can exercise your right to termination if you wish to cease the service.
4.9 When ending the service, undivert your phones from your Unique Divert Number (See Clauses 6.4 and 14.6)
5.1 The service will start on the date that you require, this will either be the first day of the 7 day free trial or the first day of paying service if you don’t require a free trial.
5.2 The minimum amount of time you can use the paid service is one month.
5.3 The maximum amount of time you can use the free trial is 7 days.
5.4 By entering into a new month without informing us of termination prior, you are agreeing to a further month of service. Please see ‘6. Termination and Suspension’ below.
6. Termination and Suspension
6.1 The service may be terminated by our client/you by giving 1 Months written notice prior to your next billing period.
6.2 Call a Real Person reserves the right to terminate a clients service without liability at any time effective immediately where the customer is performing illegal, immoral, defamatory, deceitful, harmful or otherwise derogatory activity and where appropriate to do so we will contact relevant authorities.
6.3 Call a Real Person reserves the right to terminate a clients free trial period without liability at any time effective immediately if we suspect it is being taken advantage of.
6.3 Call a real person reserves the right to terminate or suspend a clients service at any time without liability where the customer fails to make payment after the required 30 days payment terms.
6.4 On the termination of the service in any event, you will undivert your phones from your Unique Divert Number (See clause 14.6)
7. Payment and Charges
7.1 All payments must be made to us within 30 days of receipt of our invoice. Unless other periods are agreed to in writing prior as mentioned in section 4.7 of these Terms.
7.2 You may pay us by BACS/Bank Transfer, Online Payment via Secure Portal and/or Direct Debit.
7.3 All invoices will be accepted as agreed after 7 days of submission of the invoice unless any discrepancies are notified to us prior.
7.4 Call a Real Person may increase pricing for the service at any time on an annual basis to stay in line with rising costs. Call a Real Person will give the client 60 days written notice with the reasons for such an increase.
7.5 If the customer fails to make payment within 30 days, Without prejudice Call a Real Person will charge 4% (Percent) Interest daily above the Bank of England Base Rate on any amount owed and this will be compounded on a quarterly basis until payment is received in full.
7.6 Call a Real Person may suspend the service without prejudice until payment is made.
7.7 If you fail to adhere to clause 6.4, we will accept that you would like to stay on as a customer and you will be invoiced appropriately.
8. Data Protection, Privacy and Call Monitoring.
9.1 Call a Real Person takes confidentiality seriously. We view our service as a relationship that relies on a certain degree of mutual trust.
9.2 Call a Real Person will not disclose and will keep confidential the name, business name, telephone number and message of your callers outside the scope of what we need to perform the service.
9.3 Call a Real Person will not disclose our clients details outside the scope of what we need to perform the service.
9.4 We will treat all messages as confidential however should Call a Real Person be served with an appropriate warrant or order, Call a Real Person will disclose information that is required by Law.
9.5 We may disclose confidential information where required by law, a court of competent jurisdiction or any governmental or regulatory authority.
9.6 Our clients must not disclose any confidential information that we mark as ‘Confidential’ or information that ought to be reasonably confidential.
10. Liability and Damages
10.1 Nothing in these Terms and Conditions limits or excludes the liability for Call a Real Person for death of personal injury resulting from negligence or for any damage or liability incurred by the customer as a result of fraud or fraudulent misrepresentation by Call a Real Person.
10.2 Subject to Clause 10.1 Call a Real Person shall not be liable for loss of business, loss of goods, loss of profits, loss of use, loss of information, loss of goodwill, loss of anticipated savings, loss of contract/terms or any indirect, consequential loss, damages, charges, expenses or costs.
10.3 We shall not be liable to you for any mistakes made in connection with the Call Answering Service by us. We 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 or for consequential, indirect or special loss or damage or any economic factors (including loss of revenues, profits, contracts, business or anticipated savings).
10.4 Except as expressly provided in these terms and conditions, we explicitly 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 particular purpose or reasonable care and skill.
10.5 Call a Real Persons total liability for intentional negligence or statutory duty shall be limited to an amount equal to the total sum of the invoices for the services provided by us in the preceding 12 months, (except in cases relating to clause 10.1)
11. Force Majeure
11.1 Neither party shall be liable for failure to perform obligations if that failure results from any circumstances beyond its reasonable control, including (without limitation) strikes, lockouts or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, direction, rule or regulation, accident, breakdown of equipment or machinery, fire, flood, storm, earthquake or default of supplier.
11.2 Provided that we take all reasonable steps to try and overcome and mitigate the affects of the Force Majeure even as quickly as reasonably possible/practicable.
11.3 When becoming aware of the Force Majeure event promptly informs the other party of the event and anticipated impact of that event and how long the event may continue.
11.4 Provided that we tell you when the event has ended.
12.1 These Terms and Conditions/Contract constitutes the entire agreement between Call a Real Person and The Client.
12.2 These Terms and Conditions/Contract extinguishes and supersedes all previous agreements, promises, assurances, warranties, understandings, representations both written and oral.
12.3 All parties acknowledge that entering and continuing to carry on with the service with these Terms they shall not rely on any agreements, promises, assurances, warranties, understandings, representations both written and oral that are not set out in these Terms/Contract.
12.4 Both parties agree that it shall have no claim for innocent or negligent misstatement or misrepresentation based on any statement in these Terms/Contract.
13.1 If you have any complaints please correspond to us via email and/or writing.
13.2 In any complaint we will endeavour to resolve said complaint in a timely, appropriate, reasonable and fair manner without prejudice.
14.1 These terms and conditions are governed by English law and any dispute connected with the Terms is subject to the exclusive jurisdiction of the English courts. To the extent that any provision of these terms and conditions is determined to be invalid, unlawful or unenforceable then that provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these terms and conditions shall continue in effect.
14.2 If such modification is not possible, the relevant provision or part of the provision shall be deemed deleted. Any modification or deletion of a provision or under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions/Contract.
14.3 Unless it explicitly states otherwise, the Terms/Contract does not give rise to any rights under the Rights of Third Parties Act 1999.
14.4 General Notices provided by Call a Real Person will provided in writing by email.
14.5 All hardware and software provided by Call a Real Person to the client in order to perform the service will remain the property of Call a Real Person.
14.6 Your ‘Unique Divert Number’ is the property of Call a Real Person.
Thank you for reading through these Terms and Conditions.
If you have any questions please do not hesitate to contact us.