Terms and Conditions
DEFINITIONS
The Answer Centre is a trading name of Hudson Business Centres Limited and Albany Business Centres Ltd.
‘TAC’ shall mean Hudson Business Centres Limited trading as The Answer Centre or Albany Business Centres Limited trading as The Answer Centre.
‘customer’ shall mean a person, company or organisation at whose application TAC agrees to provide services under these terms and conditions.
‘agreement’ means the contract made between TAC and the customer to which these conditions apply.
SCOPE
The contents of these terms and conditions shall apply in relation to all services ordered by the customer from TAC.
TERMINATION
The agreement may be terminated by either party by giving one month’s written notice a minimum of 3 months after the service start date.
CHARGES, PAYMENT AND VAT
(a) All sums due to TAC under the agreement shall be payable by the customer 14 days after receipt by the customer of TAC’s monthly invoice. TAC 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 TAC.
(b) All sums due from the customer to TAC will be collected by Direct Debit from the customer’s bank account.
(c) All invoices submitted by TAC to the customer are to be treated as agreed, unless the customer notifies TAC of any discrepancies or objects to the same within 14 days of the receipt of any invoice from TAC.
(d) All charges payable by the customer to TAC under the agreement shall be subject to VAT at the current rate.
(e) All fixed monthly subscription charges are due and payable each month in advance by the customer to TAC. On or around the first day in each month the customer will receive an invoice from TAC 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 TAC shall be due and payable to TAC when rendered.
(f) TAC will, at its sole discretion, assign a credit limit to each customer. In the event the aggregate value of all outstanding invoices rendered by TAC to the customer exceeds the Credit Limit, then TAC reserves the right to suspend service until the outstanding balance is cleared.
(g) Notwithstanding any other clause in these terms and conditions, TAC shall, at its absolute discretion, have the right to terminate the 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 TAC’s reasonable capability.
(h) TAC 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.
(i) All postage, packing, scanning, call forwarding and fax forwarding services shall be separately chargeable.
(j) The customer agrees to pay all TAC’s legal costs incurred in connection with any legal proceedings taken by TAC against the customer to recover amounts due under this agreement on a full indemnity basis.
PROVISIONS OF INFORMATION
The customer undertakes to provide TAC with all information that TAC may reasonably require from time to time to enable TAC to perform and observe its obligations under the agreement.
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 TAC is the responsibility of the customer.
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.
DAMAGES
It is expressly agreed between the customer and TAC that the liability for any damages arising out of the provision of services under the agreement to the customer by TAC whether caused by the negligence of TAC 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.
CONFIDENTIALITY
TAC undertakes to treat all customer details and messages as confidential. However, should it be served with an appropriate Court Order TAC may be legally required to co-operate with law enforcement agencies and may be legally required to disclose information about the customer.
NON-ASSIGNMENT
The customer shall not assign or otherwise deal with any or all of its rights and obligations under the agreement without the prior written consent of TAC, given by TAC’s duly authorised representative. TAC 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.
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 TAC. Calls may be monitored or recorded for training and quality control purposes.
SERVICE OF NOTICES
Any notice, invoice or other document which may be given by TAC 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 TAC 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. TAC’s address for service of any notice by the customer under the agreement shall be the address as shown on the last invoice rendered to the customer, or such other address as TAC may prescribe for that purpose from time to time.
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.
