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These are our standard terms and conditions upon which we intend to rely. For your own benefit and protection you should read these terms carefully before agreeing to them. If you do not understand any point please ask for further information.

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TERMS of the Agreement

1.Definitions

In these Terms and Conditions:
“Company” shall mean CommVersion UK Ltd whose registered office address is: 246 Westminster Bridge Road, London SE1 7PD

“Customer” shall mean the individual, partnership, company, institution or other body to whom services are supplied by the Company.
“Services” shall mean Products or services offered by the Company.

2. PRICE

The price of the Services is structured based on the model chosen by the Customer.
The Company may at its sole discretion make available promotional offers to certain new or existing customers such as trial periods or price incentives.
General price changes will be notified to the Company in advance of the due payment date when the new price will be payable.
Price and other information provided are subject to change without notice. While every effort is made to keep information provided up to date, the Company will not be liable to the Customer or anyone else if errors should occur in information provided.
The price of the Services is subject to VAT at the applicable rate.

3. PAYMENT TERMS

Invoices are produced the first day of the following month in which your services were performed.
A detailed statement of all qualified leads will be attached with the invoice.
Payment will be due within 7 days of raising the invoice.
Late payment will be charged at the rate of 10% PA
Minimum monthly billing : £100

4. LEADS AND TRANSCRIPTS

For Pay Per Lead Customers, the following will be sent to customer after the chat is concluded:

LEAD

We consider a lead as someone who has answered our qualifying questions:
First & Last Name of the Customer.
Contact Details (Phone Number and/or Email Address)
Nature of Query.

LEAD CHAT TRANSCRIPT DOCUMENT

All communication between the live chat operators and website visitors are recorded in this document.

5. STANDARD POLICY TO RETURN LEADS

Leads can only be returned under the following conditions:
They are returned to the Company by email within 15 hours of the sent time or by 10am the following working day, if the lead is sent after office hours.
All returned leads need to be explained with a valid reason.
Returned leads need to be sent back to returnleads@commversion.com

6. NON-CHARGEABLE LEADS

For Pay Per Lead customers, particular types of communication from the Company are not chargeable. Based on the following criteria, the Company will decide if the lead is chargeable or not.
Customer complaints or general quires.
Existing customers who are already in active dialogue with the client.
Same customer coming back within 24 hours for more queries or adding information to the same chat.

7. PAY PER CHAT OR DEDICATED TEAM

• For more than 6000 chats the number of dedicated team member requirements will increase and the cost per team member will be £1050
• One month team training cost will be applicable before go live date.
• Minimum 1 Year contract
• Termination is subject to minimum 3 Months’ notice period.
• A chat will be counted if a visitor either accept a chat invite or activate chat manually.

8. CHAT COVERAGE AND RULES

For Commversion’s proposition to be effective and to help us deliver what we promise, we make it mandatory for chat to be active on all devices, including mobile sites and the greetings to be active as this helps us to proactively engage with the visitor. Also, the company should be notified beforehand if there are any filters put in place to block any geographic location or any specific IPs.

We can only deliver the competitive pricing we offer with the above coverage and rules in place. Any restriction in the coverage could result in increase in pricing without any notice.

9. INTELLECTUAL PROPERTY

The Company endeavors not to offer for sale Products or Services which infringe known and valid patents or other intellectual property rights but shall not be liable in any circumstances to the Customer and/or any customers of the Customer for any costs, damages or loss of profit arising from the use of sale of the Services infringing or allegedly infringing any patent, registered design, copyright or other intellectual property rights of any third party. Web chat transcripts remain the property of the Company whether communicated to the Purchaser or not and are deleted after a reasonable time at the Company’s discretion.

10. REPEAT CUSTOMERS

In the event that leads are generated via customers that return to a chat after failing to receive a phone call from the client within the stipulated times, this will have considered a new chat and charged according to pricing which has been agreed upon.

11. TERMINATION BY A CLIENT

All clients have the right to request termination of services by providing 30 Days’ notice in writing. In all cases the removal of the live chat code is the sole responsibility of the client.

12. TERMINATION BY COMMVERSION

CommVersion may cease services to a client immediately upon written notice if the client is in material breach of any of the terms and conditions including, without limitation, any payment terms.

13. LIMITED LIABILITY

Company will exercise all the care and precautions in providing the Services, however, Company will not be held liable in for any loss or damage to the client or any customer of the client arising from:
Any changes in any specifications, delivery and operation of the Services supplied by Company to the customer
Any temporary curtailment or cessation of the Services following any such variations or for any other reason.
Any defect in, failure of or unsuitability for any purpose of the Services supplied by the Company to the client except to the extent that exclusion is prevented by law. Company gives no warranty as to the fitness of the Services for any particular purpose and any implied warranty or condition (statutory or otherwise) is excluded except to the extent that exclusion is prevented by law.
Use of or reliance on the Services
Any claims or applications not listed in the literature or the misuse of the Services.
Company does not provide any guarantee of results arising from use of the Services provided by the Company.
Nothing contained in this agreement shall exclude or limit or purport to exclude or limit the liability of the Company in respect of any death or personal injury caused by its negligence.

14. FORCE MAJEURE

Company will not be liable for any delay or failure to provide the service as a result of any act or circumstances beyond its reasonable control including but not limited to, act of god, legislation, war, fire, flood, act of terrorism, drought, failure of power supply, lock-­‐out of industrial action.

15. SUBCONTRACTING

The customer agrees not to hire or contract any member of staff or any subcontractor of the company who is working on this project for up to 6 months after they finish working with or for CommVersion. The compensation for doing so is agreed at £10,000 per individual, + VAT to be paid by the client to the Company and will be paid within 30 days of the Company’s employee or contractor beginning work for the client as either an employee or a subcontractor. Company then reserves the right to head hunt that person out of that client role to another company even after receipt of a compensation payment from the client. Our people are the most valuable asset in our business and so we want to deter clients from approaching them to work or them as contractors or employees.

16. GENERAL

Failure or delay by the Company in enforcing any of the Terms and Conditions of this Contract shall not prejudice the Company’s right to insist upon strict compliance therewith and shall not constitute a waiver of such right.

Any provision here of which is void or unenforceable in any applicable jurisdiction shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provisions hereof.
Information contained in these Terms and Conditions and in any other written material provided by the Company to the Purchaser and any User is believed to be accurate and is given in good faith, but it is for the Purchaser and User to satisfy themselves of the suitability of the Services for their own particular purpose.

A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
The Purchaser shall if so requested by the Company assist the Company to the best of its ability to obtain any necessary information concerning local laws and regulations applicable to the Contract.

17. GOVERNING LAW

These Terms and Conditions shall be governed by and construed and interpreted in accordance with English Law and for the purposes of settlement of any disputes arising out of or in connection with them the parties hereby submit themselves to the jurisdiction of the English

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