Terms & Conditions

The following terms and conditions set out the Agreement between the Supplier (being Amended Journey Ltd  t/a Apples & Oranges (Co. Reg. 12046867 whose registered address is The Coach House, Church Road, Wolverhampton, West Midlands, WV10 6AB) and the Client (being any individual or business that uses the Supplier’s Services).  ‘Agreement’ means the contract between the Supplier and the Client under the terms contained herein:

1.       SERVICES

1.1.           The Supplier will provide personnel to answer incoming telephone calls in the name of the Client’s company as detailed on the application form, unless otherwise instructed by the Client.

1.2.           A message will be taken from the caller and sent by email and/or SMS (as specified by the Client) as soon as is practicable after the call.

1.3.           The Supplier’s personnel will answer incoming calls between the hours of 8:30 and 17:30 Monday to Friday.  Outside of these hours and all day on Bank Holidays (and on other days that the Supplier specifies and notifies the Client) if the client is on the Oranges Package, calls can be answered by a personalised voicemail system and the message will be forwarded via email as a .WAV file.

1.4.           The Supplier will store all messages for six months at no charge to the Client.

1.5.           It is agreed between the parties that during the term of the Agreement the Supplier shall be an independent contractor and not the servant of the Client.

1.6.           Services will be offered on an ongoing basis unless terminated as per the terms of this Agreement.

2.       OTHER SERVICES

2.1.           Other services may be agreed between the Supplier and the Client from time to time and these will be on a separate quotation basis.

3.       DURATION & TERMINATION OF SERVICE

3.1.           The Services can be cancelled at any time by the Client, subject to payment of all outstanding fees owed by the Client.

3.2.           Should The Client wish to cancel the Services they will need to contact the Supplier to inform them they wish to cancel and the Supplier will provide confirmation of the outstanding fees to date.

3.3.           The Supplier 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.        

4.       INVOICES, PAYMENTS & INTEREST

4.1.           Charges are as agreed between the parties at the time of entering into the Agreement. 

4.2.           The Supplier reserves the right to amend charges subject to giving the Client 14 days notice.

4.3.           Unless otherwise agreed by the Supplier, all sums due under the Agreement shall be payable by the Client by Direct Debit within 7 days after the issuing of an invoice.

4.4.           If you fail to pay any monies due under this Agreement or if your Direct Debit payment fails, there will be an admin charge of £20.00.

4.5.           The service charge is charged for in advance and calls are charged in arrears.

4.6.           All charges are subject to VAT, unless otherwise stated.

4.7.           Without limiting any other right of remedy of the Supplier, if the Client fails to pay the Supplier on the due date the Supplier will have the right to charge interest on the sum owing from the due date at the annual rate of 8% above the base lending rate of the Bank of England, accruing on a daily basis until payment has been made, whether before or after any judgement.  The Supplier shall also have the right to suspend all Services until payment has been made up in full (this includes any interest owed for late payment).

5.       DIVERSION

5.1.           It will be the sole responsibility of the Client to ensure that a diversion facility is properly set up and active with their network provider.

5.2.           The Supplier is unable to refund any payments to the Client should the diversion facility not work for any reason whatsoever.

6.       ADVERTISING

6.1.           The Client is not allowed to use the Supplier’s address without the consent of the Supplier.

7.       DATA & CALL MONITORING

7.1.           Information about clients is strictly kept in accordance with the Data Protection Act 1998 and GDPR.

7.2.           Calls may be recorded for training and monitoring purposes and retained for up to 28 days thereafter.

7.3.           By entering into the Agreement, the Client acknowledges and agrees that their information such as their name, address and any other relevant details may be submitted to a credit referencing agency for the purposes of carrying out a Credit Check.  This means that personal data may be processed by the Supplier so that they are able to provide the Services.

7.4.           The Supplier is registered under Data Protection Registration Number A8482723

8.       CONFIDENTIALITY

8.1.           The existence, nature and business provided under the Agreement are strictly confidential and shall not be disclosed by either party during or after the term of any Agreement between the parties unless required so by law.

9.       CLIENT’S OBLIGATIONS

9.1.           The Client will provide all information that the Supplier may reasonably request in order for the Supplier to provide the Services to the Client as agreed under this Agreement.

10.     LIABILITY

10.1.       The Supplier shall under no circumstances be liable to the Client for loss of profit, contract, business, goodwill and/or similar losses or any consequential loss that may be suffered by the Client.

11.     RIGHTS

11.1.       A person who is not party to this Agreement shall not have any rights under or in connection with it.

12.     ASSIGNMENT

12.1.       The Supplier may assign, transfer or otherwise deal in any or all of its rights and obligations under this Agreement and the Client consents to all such dealings. 

13.     WAIVER

13.1.       No delay or failure by either party to exercise any of its powers, rights or remedies under this agreement will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing.

14.     VARIATION

14.1.       This Agreement may not be varied except by a written document signed by, or on behalf of, each of the parties.

15.     GOVERNING LAW

15.1.       This Agreement shall be governed by and construed in accordance with English law and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.

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