Terms and Conditions: General Contract Terms, Payment and Termination
ACT Telemarketing Ltd is an operating name of the Company
Registered office: Safestore Offices, Colima Ave, Sunderland SR53XF Company number: 08744585. Registered in England and Wales.
The Company shall refer to ACT Telemarketing Ltd: Telephone-based calling by Telemarketing Matters on behalf of the Client.
2. Payment Terms
All prices are quoted exclusive of VAT. Telemarketing, Set-up charges, Discovery days and Data sourcing are invoiced and payable are invoiced and payable in advance. All other services are invoiced monthly, in arrears, in terms of net 7 days (strictly) Campaigns may be terminated at ACT Telemarketing Ltd discretion if payment is not made in accordance with these terms.
All overdue accounts will carry interest at 5% above base rate on a daily basis until payment. On completion of a project/campaign, data will be released on payment of the final invoice. Payment terms may be modified subject to status.
While every effort will be taken to inform the customer in advance, the company reserves the right to increase the price quoted for a service if the costs increase between the date of issue of the quotation and date of issue of the invoice
Unless specifically agreed in writing, ACT Telemarketing Ltd makes no implied or implicit guarantee of the outcome of campaigns. All forecasts for ‘deliverables’, including appointments and sales leads, are estimated in good faith using experience and judgment and do not constitute a guarantee.
4. Discovery and Training
The Discovery day charge includes, amongst other things, an allowance for up to seven hour’s training by The Client of the calling team at the offices of ACT Telemarketing Ltd. Any other arrangement will be chargeable.
4.The Customer’s Obligations
4.2 The customer shall clearly define any instruction with regard to the processing of the input.
4.3 The customer will be responsible for the administration of any change in output.
4.4 In the case of appointments, the company shall not be responsible for any change in the communicated output and this will therefore not affect invoicing and payment terms.
The customer, where agreed, shall provide the company with input data in a format and by a means acceptable to the company. If the customer fails to do this the company may, at its own discretion correct the data at its own expense or (subject to prior notification to the customer) at the customers expense.
5.1 ACT Telemarketing Ltd will make every effort to ensure data is sourced to client criteria. However, ACT Telemarketing Ltd acts as an agent in this respect and cannot be held responsible for quality of data purchased.
5.2 The customer must not use the data for any unlawful purpose or any purpose likely to bring the company or its suppliers into disrepute.
5.3 The customer agrees to abide by the Telephone Preference Service scheme, which enables businesses to comply with the Data Protection (direct marketing) Telecommunications regulation or any such regulations which may replace them.
5.4 Storage of the data by the customer must comply with the Data Protection Act.
5.5 All marketing or telemarketing data supplied to the customer is supplied on a single use basis unless otherwise agreed in writing.
5.6 The customer must not disclose copy or distribute to any third party any portion of the data supplied by the company and will only use the data for their own internal purposes.
Each party will keep confidential all information or lists belonging to the other party and will not disclose it to any third party unless instructed to do so in writing by the other party.
5.6 Customer must not use the data for any unlawful purpose or any purpose likely to bring the company or its suppliers into disrepute. The customer agrees to abide by the Telephone Preference Service scheme, which enables businesses to comply with the Data Protection (direct marketing) Telecommunications regulation or any such regulations which may replace them.
Storage of the data by the customer must comply with the Data Protection and GDPR regulations.
5.7 All marketing or telemarketing data supplied to the customer is supplied on a single use basis unless otherwise agreed in writing. The customer must not disclose copy or distribute to any third party any portion of the data supplied by the company and will only use the data for their own internal purposes.
5.8 Each party will keep confidential all information or lists belonging to the other party and will not disclose it to any third party unless instructed to do so in writing by the other party.
The company has the facility to work live in real time online on the customer’s data. It is the responsibility of the company and the customer to ensure firewall and virus protection is in position.
Unless otherwise agreed, while in the possession of the company, all input and output materials shall be deemed to be held at the customer’s own risk. The customer should arrange insurance cover accordingly.
5.9 In the absence of a written agreement to the contrary, any delivery date quoted is an estimate only. All timescales quoted shall commence on completion of receipt of data and complete once output data commences transmission. The company shall not be liable for any loss resulting from delay in delivery however caused.
6. Review Meetings
The Account Manager will be available for review meetings held at agreed location local to the offices of ACT Telemarketing Ltd. Frequency to be decided at project implementation stage, but to include a briefing meeting at the beginning and close down meeting, location to be determined at onset of project, up to 30 minutes, otherwise this is offered in writing or by telecommunications at the end of the campaign. For any additional or off-site meetings, a charge may be levied.
7. Cancellation and Delays
In the event of cancellation, any incurred set-up or data sourcing charges will be charged at the full rate. Standard cancellation terms are 30 business day’s unless agreed in writing. Any discounts from our standard costs are based on the forecast volume of work being completed. Should the volume of work reduce, Telemarketing Matters Limited reserves the right to levy a retrospective surcharge that will be the difference between the preferential rate and the standard hourly rate for all campaign hours conducted. Any delay to a scheduled campaign may result in a charge for consequential expenses incurred by ACT Telemarketing Ltd
8. Termination for Breach
ACT Telemarketing Ltd shall be entitled to determine this agreement forthwith on:
Failure on the part of The Client to make punctual payment of all sums due to ACT Telemarketing Ltd
Doing or permitting of any act by which ACT Telemarketing Ltd rights in any Intellectual property are prejudiced into jeopardy.
9. Force Majeure
ACT Telemarketing Ltd and the client shall be released from their respective obligations in the event of national emergency, war, prohibitive government regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of this agreement impossible, whereupon all money due under this agreement shall be due and paid immediately.
10. Professional Standards
In rendering services, ACT Telemarketing Ltd shall at all times provide its services for and on behalf of the client in a professional and business-like manner.
ACT Telemarketing Ltd shall, during and after a client’s tenure, take all reasonable steps to ensure that all proprietary and confidential information supplied by a client to ACT Telemarketing Ltd its employees, agents or subcontractors pursuant to the supply of Telemarketing is not disclosed to any third party, except to the extent necessary for ACT Telemarketing Ltd to deliver its services by agreement. The obligations in the above paragraph shall not apply in respect of information already known by the agency or already in the public domain.
Ownership and all copyright of ideas, methodologies and manner of presentation (including briefs, proposals and reports) are the property of ACT Telemarketing Ltd
13. Call recording
For quality control purposes, all calls made to or from ACT Telemarketing Ltd may be digitally recorded.
This agreement shall be governed by English Law in every particular including formation and interpretation and shall be deemed to have been made in England.
The Client shall not, for a period of 12 months following cessation of this agreement, cause, encourage or assist any of ACT Telemarketing Ltd employees to leave its services or to do anything which if done by The Client would be a breach of this agreement.
1 The company will carry out the services with reasonable skill and care.
2 The company’s liability to the customer for any breach of this contract, negligence, misrepresentation or otherwise shall be limited to the price payable by the customer under this contract. In no circumstances shall the company be responsible for any consequential loss, however, incurred, including without limitation loss of profit, business or anticipated saving.
3 For any changes, agreed by the customer, outside of the signed specification, the company reserves the right to change any agreed schedules and charges agreed under the contract.
4 Whilst every effort is made to ensure the accuracy of the data, the company cannot, in any circumstance, accept liability for any loss, inconvenience or damage (including loss of profits) occasioned by any error in the data.
5 The company cannot accept liability for any loss, inconvenience or damage (including loss of profits) occasioned by any error in the data resulting from inaccurate data provided by our business partners.
Terms & Conditions Telemarketing
1. The Company” means ACT Telemarketing Ltd
2 “The Customer” means the person or company named as such on the Quotation/Order/ Confirmation or contract.
3. “The Services” means the services set out in the Quotation/Order Confirmation or contract.
4 “Proposal” means the contract between the company and the customer to perform the services to which these terms and conditions apply.
Quotations, Creation of and Terms of Contract
1 All quotations made by the company to the customer will be deemed to be subject to these terms and conditions of trading.
2 The company reserves the right to refuse any order or contract without prior notice.
3 All quotations made by the company to the customer shall be valid for thirty days from the date of issue.
4 All quotations are exclusive of VAT
5 A contract on these terms shall be created between the company and the customer upon receipt of the signed quotation/order confirmation by the company from the customer by a means acceptable to the company or a request from the customer to the company, by any acceptable means, to begin processing.
6 It shall be taken that by sending data to the company the customer is accepting in full the company’s terms and conditions of trading.
7 The contract represents the entire agreement between the parties in relation to the services provided and supersedes all previous written or oral communications.