In these Terms and Conditions:
“Company” shall mean CommVersion UK Ltd whose registered office address is: International House, 142 Cromwell Road, Kensington, London SW7 4EF
“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.
The price of the service is structured based on the model chosen by the Customer. Service pricing is as agreed and confirmed by the Company.
The Company may at its sole discretion make available promotional offers to certain new or existing customers such as trial periods or price incentives
Price and other information provided are subject to change with one-month 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.
Minimum invoicing per month is £100 or 10 leads.
The price of the service is subject to VAT at the applicable rate.
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 14 days of raising the invoice.
Late payment will be charged at the rate of 10% PA
For Pay Per Lead Customers, the following will be sent to customer after the chat is concluded:
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.
All communication between the live chat operators and website visitors are recorded in this document.
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 return firstname.lastname@example.org
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.
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.
For ‘Pay Per Chat’ customers, a chat will be counted if a visitor either accept a chat invite or activate chat manually.
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 inincrease in pricing without any notice.
The Company spends a lot of time to do research and to design a custom Chat Matrix for each customer. On completion of the Chat Matrix, the Company will need the Customer’s approval to proceed with training. The
Customer will have 30 days to review and approve the Chat Matrix. If the Customer does not approve the Chat Matrix within 30 days, and for any reason decides not to go live, there will be a charge of £400 for the services
Chat Matrix will always be Company’s Intellectual Property and the Customer may not use it in any other medium or application without Company’s prior consent.
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 Customer or not and are deleted after a reasonable time at the Company’s discretion.
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.
Company 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.
Company will exercise all the care and precaution in providing the service, 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.
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.
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.
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 Customer and any User is believed to be accurate and is given in good faith, but it is for the Customer and User
to satisfy themselves of the suitability of the Services for their own particular purpose.
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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