Terms & conditions
1. This agreement is between Live Web Chat Ltd (“us”, “we” or “our”) whose registered office address is Gemini House, 136-140 Old Shoreham Road, Hove, BN3 7BD and you (“you” or “your”), as an authorised user of our services, and governs the terms and conditions of your use of our services.
2. We may change or supplement these terms and conditions from time to time, including, without limitation, the charges. We will ensure that any such changes or supplements are made reasonably apparent to you by contacting you on the e-mail address you have provided to us at least two months in advance. If we do change or supplement these terms and conditions then you may terminate this Agreement in accordance with the provisions set out in clause 33 of this agreement. Otherwise you will be bound by such changes or supplements.
3. Our terms and conditions apply to all our services offered. It is your responsibility to familiarise yourselves with all relevant terms and conditions.
4. We will advise you of the information that we require to fulfil our role to you, and the parameters of our service.
5. Information or other facilities requested by us to enable us to perform our service to you shall be supplied by you within a reasonable timescale, and any information or data supplied by you shall be accurate and sufficient to enable us to perform the services as agreed. Furthermore you agree to maintain full payment for our services in the event of any delay by you in providing, or failing to provide, the necessary information and/or facilities.
6. We reserve the right not to commence work until our agreed sign up process is completed.
7. You must be of at least 18 years of age to use our service.
8. You agree not to use our service for any illegal, immoral, obscene or defamatory purpose. If inappropriate use of our service is suspected, you acknowledge that we reserve the right to cancel your service without notice and report you to law enforcement and/or other relevant authorities.
9. You will be charged a monthly subscription for your service, as well as a charge for any web chats taken on your behalf, at the rate agreed within your web chat plan subscription. Offline messages will be billed at a rate of three minutes per message, counting towards your monthly free minute allowance. You may also be charged for any additional services that are not covered within your plan.
10. Any changes made to your account after your initial set up, including any subsequent training or retraining of staff, will be charged at a flat rate of £36.00 per hour, charged in one hour increments. Minor changes to your service will be timed and will be deducted from your web chat plan minutes allowance.
11. We cannot be held liable for any costs incurred by you as a result of being party to this agreement.
12. We reserve the right to terminate any web chat at our discretion.
13. We are dedicated to providing you with a quality service. However in the unlikely event that you have a complaint then please e-mail firstname.lastname@example.org and we will notify you within two working days of receipt of your e-mail as to the time needed to investigate and resolve the complaint.
14. Payment for all services is to be made via credit or debit card unless agreed otherwise.
15. Deposit monies may be requested at our discretion for any services we provide. Valid credit or debit card and direct debit details must be provided prior to the setup of your service. By supplying credit or debit card and direct debit details you accept and agree for us to keep a record of these details and authorise us to debit all monies due and/or outstanding monies owed by you to us via debit or credit card and/or direct debit. Failed transactions or non-automated payments such as cheques will incur an administration fee of £14.00 per transaction
16. All late payments will be subject to a usury rate of 5%, applied on a daily basis. All costs of recovery will be paid for by you, including the administrative costs of recovery. We reserve the right to charge administration fees for recovery of all late payments.
17. Credit terms are offered at our discretion. In order to be eligible for credit terms, you will be required to supply two trade references and a bank reference.
18. If you fail to make any payment on the date due then we shall be entitled, without prejudice and without liability, to cancel or suspend our service to you and withhold any data, property and information we have in our possession without notice. Suspended services due to non-payment are charged as per an active service.
19. You must ensure that your payment and contact details are valid, accurate and kept up to date at all times.
20. All our prices are subject to Value Added Tax (VAT).
Privacy & Compliance
21. You are wholly responsible for providing us with data that is compliant of any legislation and take full responsibility for all data compliance.
22. We will not hold any data relating to you longer than necessary.
23. We may share your information when required to do so by law or in the prevention or detection of crime.
Liability & Exclusions
24. 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. We shall not accept liability for consequential loss, and we shall not be liable to you for any act or omission or for any breach of the contract if such due to any cause beyond our reasonable control. We do not pay compensation.
25. Whilst every reasonable effort is made to ensure that staffing requirements match your web chat requirements, we cannot offer any guarantees on staffing levels and associated web chat answer times
26. We reserve the right to retain a record of all web chats.
27. We accept no liability whatsoever for the content of any written communication on your behalf, although we will always endeavour to represent your organisation in a professional and courteous manner.
28. We agree to make all reasonable efforts to ensure that accurate data is recorded and your customers' requirements are fulfilled during the course or any web chat taken on your behalf.
29. We use third parties and while all reasonable measures will be taken by us to maintain levels of service, we cannot guarantee or be held liable in full or in part for the level of service provided by these parties.
30. We cannot accept any liability for any third party transaction on behalf of you. Any disputes must be taken up with the third party. You shall absolve us of any responsibility for any cost, claims, liabilities and expenses suffered or incurred by you as a result of this business relationship.
31. Whilst we have 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. If we fail to deliver the service for any reason other than any cause beyond our reasonable control over and above the tolerance level, our liability (if any) shall be limited to a refund of monies paid in advance for the job or service.
Disputes & Termination
32. The minimum contract period for all contracts is two months unless otherwise agreed.
33. Termination and notice terms are subject to two month’s notice which commences from the end of the month notice is given. Once notice is given, services subscribed to cannot be amended.
34. Monthly subscriptions recur on the first day of each calendar month. Annual subscriptions recur annually on the first day of the month of the anniversary of the agreement (we do not provide a reminder of recurrence). Termination notice for annual subscriptions must be received at least one calendar month before recurrence.
35. We shall, without prejudice, be entitled to amend/terminate your contract or service without liability by notice given at any time.
36. If there is any query or dispute with any invoice, this must be raised within 28 days of the date of invoice in writing, otherwise the invoice will be deemed to be accepted by you and there will be no further redress whatsoever.
37. Written notice, including email, is the only accepted method of communication should you wish to stop your service. Any written notice must be sent to us via recorded delivery or emailed and acknowledged for the avoidance of doubt.
38. Your monthly subscription and any associated fees will continue to be invoiced and due for payment until the termination notice is received in the format stated in these terms and conditions and your agreed notice period has expired.
39. This agreement is construed in accordance with the laws of England and Wales.
Live Web Chat Ltd: Registered in England No. 11199619