TELEPHONE ANSWERING SERVICE TERMS AND CONDITIONS
ZEBRA CONNEXIONS LIMITED t/as Zebra Connections (the Supplier)
Registration Number 5298938
1. Any modifications to these terms will be effective immediately upon posting on zebraconnections.co.uk. Please print a copy for your records. These Terms and Conditions form the sole basis of the contract between the Supplier and the Client. You agree to review these terms and conditions periodically to be aware of any modifications or changes. Usage of the service implies acceptance of these terms.
2. The service will be provided for a minimum term of THREE months.
3. Should either party wish to cease the service notice must be given in writing not less than ONE MONTH prior to the next billing date.
4. In exceptional circumstances the Supplier reserves the right to terminate the contract with immediate effect if the Client’s actions and behaviour, or those of their callers, are unreasonable, dishonest, threatening, abusive or otherwise unconscionable.
5. Zebra Connections will provide personnel to answer incoming telephone calls in the name of the client’s company as detailed on the booking form unless instructed otherwise.
6. A message will be taken whenever a caller wishes and that message will be logged on Zebra Connections’s messaging system.
7. All messages will be relayed as soon as is practicable after receipt.
8. The client may have messages relayed in written form by way of either Email or SMS. Any updates or alterations to the service need to be advised by the client to the supplier in writing.
9. Where requested, Zebra Connections will use its discretion to assess whether a message is urgent or important and relay the same via SMS to a designated mobile telephone, or via Email.
10. It is the sole responsibility of the client to effect the successful diversion of all calls from its normal telephone to the number provided for the purpose of this service by Zebra Connections. The client will need to organise this with BT or their telephone service provider if not BT.
11. Zebra Connections cannot be responsible for ensuring this divert facility is active although it is essential for the provision of Zebra Connections’s telephone answering service. Zebra Connections is unable to refund any payments should this facility not work for any reason.
12. a) Zebra Connections personnel will only answer incoming calls between the hours of 08:00 and 18:00 Monday to Friday. Outside of these hours and all day on Bank Holidays calls will be answered by a voicemail system. If a client elects to have a personal voicebox where callers can leave a message Zebra Connections will transpose any such messages on behalf of the client and include them in the log of all messages provided on the next working day unless agreed to the contrary.
12. b) Zebra Connections personnel will answer incoming calls on a 24 hour a day basis and for 365 days of the year. Due to the nature of this call pattern we reserve the right to use a number of partner offices (sub-processors) in order to provide the service. In the rare case of call overload, calls will be answered by a voicemail system. If a client elects to have a personal voicebox where callers can leave a message Zebra Connections will transpose any such messages on behalf of the client and include them in the log of all messages provided on the next working day unless agreed to the contrary. Those clients using the 24/7 service should note that the personnel that answer the calls during the week may not necessarily be the same personnel that answer calls at weekends or Out of Hours
13. Call Patching – the prices quoted assume a call duration of not more than 20 minutes to UK land lines and 10 minutes to mobiles. Zebra Connections reserve the right to either withdraw this service or levy a reasonable surcharge should the client take calls that last longer than this. Zebra Connections cannot be responsible for the reliability of calls patched through to mobile phones in particular. Zebra Connections will attempt to patch callers through to up to TWO numbers and no more before taking a normal message from the caller.
14. The prices quoted assume a typical call duration of no more than two minutes. At its sole discretion Zebra Connections may charge clients a surcharge or request the client to transfer to a by the minute pricing tariff if calls habitually take longer than two minutes. Unwanted sales calls or wrong numbers need to be notified to us within one calendar month to be removed from the next month’s invoice.
15. In return for the standard charge Zebra Connections will endeavour to log the following information each time a call is taken: 1) The name of the caller 2) their company name 3) their telephone number, plus 4) a message.
16. Zebra Connections are happy to take extended messages and the processing of other data at the request of the client conditional on a surcharge or billing by the minute. If it is felt necessary to make such a charge we will not do so without first agreeing a specific rate with the client.
17. Zebra Connections will store all messages for three months at no charge to the client.
18. After three months there will be a monthly “Archiving Charge” for those clients wanting us to store their messages beyond this period.
19. Should any client who has paid the monthly “Archiving Charge” require a copy of a message after three months a “Search Fee” will be charged on each occasion.
20. If a client chooses not to pay the monthly “Archiving Charge” Zebra Connections will be unable to provide copies of any messages that were taken more than three months earlier.
21. Calls will only be recorded for specific purposes deemed lawful under the Data Protection Act 2018 .
22. It is the responsibility of the client to ensure compliance with PCI DSS rules.
23. If a client requests that a single line be used for taking calls for more than one company or outlet then Zebra Connections accepts no liability for errors that may result from any confusion that could be avoided by the use of separate lines.
24. If the client requires complex call handling services then the client agrees to allow a reasonable length of time for Zebra Connections to become familiar with the requirements of the client.
25. All sums payable under this agreement unless otherwise stated are exclusive of VAT and other duties or taxes.
26. Any VAT in respect of the payments shall be payable in addition to such sums.
27. The only methods of payment that can be accepted are VISA and MasterCard Credit or Debit Cards, and any Debit Cards or Direct Debit Mandate where applicable.
28. Payment must be made monthly in advance with any additional charges being billed monthly in arrears.
29. A month’s tariff may also be taken at the outset by way of a fully refundable deposit that will be repaid on the termination of the service providing no sums are outstanding.
30. A once only non-refundable set up fee per service may be taken at the outset.
31. All subsequent payments will be due upon receipt and we will process your payment using the same credit or debit card used to open the account unless you instruct us to the contrary. Thereafter we may invite you to pay by way of Direct Debit mandate. We do not accept cheques as a method of payment.
32. A Reprogramming Charge may be levied if the client requires non-standard hours of operation or re-routing of any Telephone Number.
32. A Porting Charge may be levied if the client wishes to port away any Telephone Number to another provider.
34. Zebra Connections reserves the right to suspend its service if any sums become overdue, or if it has reasonable grounds to believe that any aspect of the service is being used for illegal or fraudulent purposes, or for any other reasons at its absolute discretion.
35. Messages or minutes included under a monthly tariff cannot be carried over from one billing period to the next billing period.
CONFIDENTIALITY & DATA PROTECTION
36. Neither party shall at any time during or after the term divulge, or allow to be divulged, to any person any confidential information relating to the business or affairs of the other.
37. The Supplier and the Client shall comply with all elements of Data Protection Legislation currently in force in England and Wales.
38. The Client is the Data Controller and the Supplier is the Data Processor within the meaning of the Data Protection Legislation.
39. The Supplier processes data in order to comply with the contract in place with the Client. The data obtained by the Supplier in the performance of the contract shall not be used by the Supplier for any other purpose.
40. Processing is carried out for the duration of the contract or as required by law.
41. The nature of processing is as defined by the contract between the Supplier and the Client.
42. The subject matter of the processing is the services performed under the contract in place between the Supplier and the Client.
43. The type and nature of personal data processed by the Supplier is as determined and controlled by the Client.
44. Categories of data subjects may include but is not limited to:
a. Customers of the Client, patients of the Client, prospects of the Client, clients of the Client, associates of the Client, suppliers to the Client and other natural persons who use the communication facilities provided by the Supplier to the Client.
b. The officers, employees, agents, advisors and sub-contractors of the Client, the customers of the Client, patients of the Client, prospects of the Client, clients of the Client, associates of the Client, and suppliers to the Client.
45. The Supplier shall ensure that all necessary consents and notices are in place to enable lawful transfer of any relevant personal data to the Client for the duration and purposes of the contract.
46. The Supplier shall process data only on the written instructions of the Client unless required otherwise by law.
47. The Supplier shall ensure that they have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. The Supplier is committed to Information Technology best practice.
48. The Supplier shall ensure that personnel who have access to and/or process personal data are obliged to keep that personal data confidential.
49. The Supplier shall ensure data is not transferred outside the European Economic Area unless the Client’s prior written consent is obtained, and the following conditions are met:
a. The Client and/or the Supplier have provided appropriate safeguards in relation to the transfer;
b. The data subject has enforceable rights and effective legal remedies;
c. The Supplier complies with their obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and
d. The Supplier complies with reasonable instructions notified in advance by the Client with respect to processing of personal data.
50. The Supplier shall comply with reasonable instructions notified in advance by the Client with respect to processing of personal data.
51. The Supplier shall assist the Client, at the Client’s expense, in responding to any request from a data subject and in ensuring compliance with the Client’s obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with government authorities and regulators.
52. The Supplier shall notify the Client without undue delay if the Supplier becomes aware of a personal data breach.
53. The Supplier shall delete or return personal data and copies thereof to the Client on termination of the Contract unless required by Data Protection Legislation and/or other law to store the personal data.
54. The Supplier shall maintain complete and accurate records and information as required by law.
55. The Client agrees to the Supplier using a sub-processor on the same terms when operational needs require it.
56. The Supplier shall not be liable to the Client for loss of profit or of any contract or for any consequential loss that may be suffered by the Client. In particular the Supplier is not liable to the Client for any mistakes the Supplier might make.
57. Notwithstanding Clause 54 the Supplier shall not be liable to the Client for any sums in one month that exceed the total figure paid by the Client to the Supplier in the previous month.
THE SUPPLIER’S RIGHT TO ASSIGN
58. This agreement and all rights under it may be assigned or transferred by the Supplier but not by the Client.
59. This agreement shall be subject to and interpreted in accordance with the laws of England.
60. All rights granted to either of the parties shall be cumulative and no exercise by either of the parties of any right under this agreement shall restrict or prejudice the exercise of any other right granted by this agreement or otherwise available to it.
61. The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.
STATUS OF THE SUPPLIER
62. During the Term the Supplier shall be an independent contractor and not the servant of the Client.
63. All disputes or differences which shall at any time arise between the parties whether during the Term or afterwards touching or concerning this agreement or its construction or effect or the rights, duties or liabilities of the parties under or by virtue of it or otherwise or any other matter in any way connected with or arising out of the subject matter of this agreement shall be referred to a single arbitrator to be agreed upon by the parties or in default of agreement to be nominated by the President for the time being of the Chartered Institute of Arbitrators in accordance with the Arbitration Acts 1950 to 1997 or any statutory modification or re-enactment of it for the time being in force.
Last updated January 2022