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Terms and Conditions

RESPONSIBILITIES

1. Usage of the service implies acceptance of these Terms and Conditions. Any modifications to these terms will be effective immediately upon posting on www.myvirtualresource.co.uk. You agree to review these terms and conditions periodically to be aware of any modifications or changes.

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.

TELEPHONE ANSWERING

4. My Virtual Resource 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.

5. A message will be taken whenever a caller wishes and that message will be logged on My Virtual Resource’s messaging system.

6. All messages will be relayed as soon as is practicable after receipt.

7. The client may have messages relayed in written form by way of either Email or SMS.

8. Where requested, My Virtual Resource 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.

9. 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 My Virtual Resource. The client will need to organise this with BT or their telephone service provider if not BT.

10. My Virtual Resource cannot be responsible for ensuring this divert facility is active although it is essential for the provision of My Virtual Resource’s telephone answering service. My Virtual Resource is unable to refund any payments should this facility not work for any reason.

11. a) My Virtual Resource 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 My Virtual Resource 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.

OR

11. b) My Virtual Resource 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 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 My Virtual Resource 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

12. Call Patching – the prices quoted assume a call duration of not more than 20 minutes to UK land lines and 10 minutes to mobiles. My Virtual Resource reserves the right to either withdraw this service or levy a reasonable surcharge should the client take calls that last longer than this. My Virtual Resource cannot be responsible for the reliability of calls patched through to mobile phones in particular. My Virtual Resource will attempt to patch callers through to up to TWO numbers and no more before taking a normal message from the caller.

13. The prices quoted assume a typical call duration of no more than two minutes. At its sole discretion My Virtual Resource 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.

14. In return for the standard charge My Virtual Resource 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.

15. My Virtual Resource 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.

16. My Virtual Resource will store all messages for three months at no charge to the client.

17. After three months there will be a monthly “Archiving Charge” for those clients wanting us to store their messages beyond this period.

18.  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.

19. If a client chooses not to pay the monthly “Archiving Charge” My Virtual Resource will be unable to provide copies of any messages that were taken more than three months earlier.

20. Calls may be recorded for training purposes and it is the responsibility of the client to ensure that callers are made aware of this.

21. It is the responsibility of the client to ensure compliance with PCI DSS rules.

22. If a client requests that a single line be used for taking calls for more than one company or outlet then My Virtual Resource accepts no liability for errors that may result from any confusion that could be avoided by the use of separate lines.

FINANCIAL

23. All sums payable under this agreement unless otherwise stated are exclusive of VAT and other duties or taxes.

24. Any VAT in respect of the payments shall be payable in addition to such sums.

25. 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.

26. Payment must be made monthly in advance with any additional charges being billed monthly in arrears.

27. 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.

28. A once only set up fee per service may be taken at the outset.

29. 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.

30. A Reprogramming Charge may be levied if the client requires non-standard hours of operation or re-routing of any Telephone Number.

31. My Virtual Resource 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.

CONFIDENTIALITY

32. 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.

LIABILITY

33. 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.

34. 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

35. This agreement and all rights under it may be assigned or transferred by the Supplier but not by the Client.

PROPER LAW

36. This agreement shall be subject to and interpreted in accordance with the laws of England.

RIGHTS CUMULATIVE

37. 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.

WAIVER

38. 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

39. During the Term the Supplier shall be an independent contractor and not the servant of the Client.

ARBITRATION

40. 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.