Terms and Conditions

1. DEFINITIONS

Clinic Answer is a trading name of Hudson Business Centres Limited.

In this agreement the following terms shall have the following meanings namely:

‘CA’ means Hudson Business Centres Limited trading as CA.

‘customer’ means a person, company or organisation at whose application CA agrees to provide the services under the terms of this agreement.

‘agreement’ means the contract made between CA and the customer to which these conditions apply.

2. SCOPE

The contents of this agreement shall apply in relation to all services ordered by the customer from CA.

3. TERMINATION

This agreement may be terminated by either party by giving one month’s written notice a minimum of 3 months after the service start date.

4. CHARGES, PAYMENT AND VAT

(a) Each call/interaction is rounded up to the nearest minute and billed in 1 minute increments.

(b) All sums due to CA under this agreement shall be payable by the customer 14 days after receipt by the customer of CA’s monthly invoice. CA reserves the right to charge daily interest at a rate equal to 5% above The Bank of England base rate current during the time that payment remains outstanding. Interest shall continue to accrue until such time as payment has been received by CA.

(d) All invoices submitted by CA to the customer are to be treated as agreed, unless the customer notifies CA of any discrepancies or objects to the same within 14 days of the receipt of any invoice from CA.

(e) All charges payable by the customer to CA under the agreement shall be subject to VAT at the current rate.

(f) All fixed monthly subscription charges are due and payable each month in advance by the customer to CA. On or around the first day in each month the customer will receive an invoice from CA for the fixed monthly subscription for that month, plus charges for any additional costs or services from the preceding month. The customer agrees that all accounts submitted to it by CA shall be due and payable to CA when rendered.

(g) CA will, at its sole discretion, assign a credit limit to each customer. In the event the aggregate value of all outstanding invoices rendered by CA to the customer exceeds the Credit Limit, then CA reserves the right to suspend service until the outstanding balance is cleared.

(h) Notwithstanding any other clause in these terms and conditions, CA shall, at its absolute discretion, have the right to terminate this agreement at any time and with immediate effect, if it considers that a customer will not adhere to its terms and conditions or that a customer’s requirements are beyond the scope of CA’s reasonable capability.

(i) CA will review it’s scale of charges annually at the start of each calendar year and revised charges will be shown on all invoices issued thereafter. If any revised charges are not queried within one month of change they will be deemed to have been accepted by both parties. All charges shown on our web site are introductory rates.

(j) All postage, packing, scanning, call forwarding and fax forwarding services shall be separately chargeable.

(k) The customer agrees to pay all CA’s legal costs incurred in connection with any legal proceedings taken by CA against the customer to recover amounts due under this agreement on a full indemnity basis.

5. PROVISIONS OF INFORMATION

The customer undertakes to provide CA with all information that CA may reasonably require from time to time to enable CA to perform and observe its obligations under this agreement.

6. DIVERSION OF CALLS

The customer agrees that any call diversion facility that may be required by the customer from any third party network provider in order to divert calls to CA is the responsibility of the customer.

7. FORCE MAJEURE

Neither party shall be liable to the other for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control including without limitation any act of God, weather, failure or shortage of power supplies, flood, lightning, lock out, trade dispute or other such labour disturbance, or any other technical problem beyond their control.

8. DAMAGES

It is expressly agreed between the customer and CA that the liability for any damages arising out of the provision of services under this agreement to the customer by CA whether caused by the negligence of CA employees or otherwise is limited to actual damages, but in no event shall it exceed £150. The customer hereby acknowledges that damages would be difficult to ascertain and quantify and agree that this provision liquidates the damages and is not a penalty.

9. CONFIDENTIALITY

CA undertakes to treat all customer details and messages as confidential. However, should it be served with an appropriate Court Order CA may be legally required to co-operate with law enforcement agencies and may be legally required to disclose information about the customer.

10. NON-ASSIGNMENT

The customer shall not assign or otherwise deal with any or all of its rights and obligations under this agreement without the prior written consent of CA, given by CA’s duly authorised representative. CA shall have the rights to assign or otherwise delegate all or any of its rights and obligations hereunder to associate companies or any other third party or company upon serving notice in writing to the customer.

11. GENERAL

The customer agrees that it will not use the service provided for any improper, immoral or unlawful purpose and that such use constitutes grounds for immediate termination of the services by CA. Calls may be monitored or recorded for training and quality control purposes.

12. SERVICE OF NOTICES

Any notice, invoice or other document which may be given by CA under this agreement shall be deemed to have been duly given if left at or sent by email, post or fax to an address notified to CA in writing by the customer as an address to which notices, invoices or other documents may be sent, or the customer’s usual or last known abode or place of business or if the customer is a limited company, it’s registered office. CA’s address for service of any notice by the customer under this agreement shall be the address as shown on the last invoice rendered to the customer, or such other address as CA may prescribe for that purpose from time to time.

13. JURISDICTION

This agreement shall be governed by and construed and interpreted in accordance with Scottish Law and parties submit to the jurisdiction of the Scottish courts.