TERMS & CONDITIONS :” Tele Call” means Tele Call. “The Customer” means any person, company, partnership, organisation to whom Tele Call provides a service and the signatory of the Agreement is ultimately responsible for monies owed to Tele Call.

DURATION: The duration of the Agreement shall be for a minimum of three months from the date of the agreement. The duration begins after the expiry of any trial offer. To terminate the agreement the Customer must provide Tele Call with one month’s notice in writing following the initial three month period. Tele Call will not act upon verbal notice.

CHARGES, PAYMENT AND VAT: All sums due to Tele Call under the Agreement shall be payable by the Customer upon receipt by the Customer of an invoice or payment request from Tele Call. Monthly invoices shall be issued around the 23rd of each month and dated the 1st of the month following. Whilst any payment due under the Agreement remains outstanding after seven days from the invoice date, Tele Call shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the Agreement. Where the customer has provided an “Autopay” method of payment, being a credit or debit card, Tele Call will debit the card on or around the 7th of each month following the delivery of the invoice. All charges payable by the Customer to Tele Call with the exception of deposits shall be liable to VAT at the prevailing rate. Where a trial period applies, payment will be processed upon expiry of this period.

DAMAGES: It is expressly agreed by the Customer and Tele Call that the liability for any damages arising out of provision of any of the services and/or equipment under the Agreement to the Customer by Tele Call, whether caused by negligence of Tele Call, its employees servants agents or otherwise, shall be limited to the actual loss suffered by the Customer and shall in any event not exceed €100. The Customer and Tele Call hereby agree that any damages arising under the Agreement would be difficult to quantify or ascertain and that this provision liquidates any damages and is not a penalty. Furthermore, Tele Call shall not be liable to the Customer for any damages until such time as the Customer notifies Tele Call in writing of any alleged losses under the Agreement within 7 days of the loss occurring.

CONFIDENTIALITY: Tele Call will treat all messages and information of the Customer provided to Tele Call as confidential subject however to its overriding obligations and duties to the courts, the police and other law enforcement agencies as well as prevailing laws, statutes, rules and regulations imposed by Dail/Parliament.

GENERAL: The Customer agrees that it will not use the services and/or equipment provided under the Agreement for any illegal, immoral or improper purpose and shall fully indemnify Tele Call for any costs, expenses or losses including professional fees incurred by it in dealing with any breach or reasonably suspected breach of this provision by the Customer. This agreement becomes binding when the Customer begins to use the service provided by Tele Call or when the agreement is signed. The Agreement shall be governed by and construed and interpreted in accordance with Irish/English Law and the parties to the Agreement shall submit to the jurisdiction of the Irish/English Court.

TELEPHONE ANSWERING: Tele Call will provide personnel to answer incoming telephone calls in the name of the clients company as outlined in our documentation.

A message will be taken wherever a caller wishes and that message will be logged on Tele Call’s Call Answering System/Software.

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

Where requested, Tele Call will use its discretion to assess whether a message is urgent and relay the same via SMS to a designated mobile telephone or via Email.

It is the sole responsibility of the client to effect the diversion of calls from its telephone number/telephone system to the number provided for the purpose of this service by Tele Call. Tele Call will assist as best possible in this process.

Tele Call cannot be responsible for ensuring that this divert facility is active although it is essential for the provision of the Tele Call service. Tele Call will not refund any payments should this facility not work for any reason.

Tele Call personnel will only answer incoming calls between the hours of 8.30am and 6.00pm Monday to Friday. Outside of these hours and all day on Bank Holidays calls can be answered by a voicemail system. If required by the client, Tele Call can transcribe 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.

Call Transfer – Tele Call cannot be responsible for the reliability of calls transferred through to mobile phones in particular. Tele Call will attempt to transfer callers through to up to TWO numbers and no more before taking a normal message from the caller.

The prices quoted assume a typical call duration of no more than two minutes. At its sole discretion, Tele Call may charge clients a surcharge if calls habitually take longer than this.

In return for the standard charge Tele Call will endeavour to log the following information each time a call is taken: a) the name of the caller, b) their company name, c) their telephone number, and d) a basic message.

Tele Call is happy to take extended messages including credit card details and the processing of other data at the request of the client conditional on a surcharge for each such extended message of not less than €2.50 + VAT. If it is felt necessary to charge more than this we will not do so without first agreeing to a specific rate with the client.

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

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

The only methods of payment that can be accepted are Direct Debit, Standing Order, Debit Card or Credit Card. Payment must be made monthly in advance with any additional charges being billed monthly in arrears.

A month’s tariff will 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.

Set up fees apply for all clients and may vary depending on products, or packages. Please see the relevant tariff card for details.

Holiday/Sickness Cover and any other non-recurring services are payable in advance on the day of booking.

All subsequent payments will be due within 7 days of our Invoice and we will process your payment using the same instruction used to open the account unless you instruct us to the contrary.

Tele Call 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.

CONFIDENTIALITY: 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: Tele Call 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.

THE SUPPLIER’S RIGHT TO ASSIGN: This agreement and all rights under it may be assigned or transferred by Tele Call but not by the Client.

PROPER LAW: This agreement shall be subject to and interpreted in accordance with the laws of the Republic of Ireland, England, Scotland & Wales.

RIGHTS CUMULATIVE: 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: 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: During the Term, the Tele Call companies shall be independent contractors and not servants of the Client.

ARBITRATION: All disputes or differences which shall at any time arise between the parties whether during the Term or afterwards and which cannot be settled between the parties 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 of the Institute of Arbitrators