Linbar Ltd

As part of the service creation process, we are contracting clients and resellers to agree such terms for their use, and of which their customers are to be notified.

Resellers will have an agreement with the Service Provider, which governs their use of the systems and software. That agreement would normally include the terms and conditions below but if not it is implicit that they do form part of that agreement. In this context resellers are entirely responsible for the use to which services are put in respect of any of their resellers and customers.

These Call Services are provided on the basis that the Service Provider will use their reasonable endeavours to maintain and support those services in accordance with the respective resellers service agreements.

The Reseller and Customer are entirely responsible for programming, managing and controlling the timing and destinations, and transfer of all calls handled by the service.

The Customer is entirely responsible for ensuring that any software that may be used by the Call services, such as Microsoft's Windows Media Player, is available on the Customer's equipment.

The Reseller and Customer will ensure that any audio used in conjunction with the Service is licensed under the PRS license requirements, further details can be found at http://www.prsformusic.com.

When the Bespoke IVR service is installed or amended, where the play message node or the queue node are used, a message must be played prior to playing ringing to the caller. The first prompt position in both nodes must not be set with a ringing audio file or silence. All calls are answered by these nodes and it is against UK telephony regulations to answer a call and play ringing tone to the caller without it being obvious that the call has been answered.

The Service Provider is not liable to you in any respect including any liability for negligence, breach of statutory duty or for any loss of revenue, business, contracts or profits, nor for any loss of value of equipment or for any consequential loss howsoever arising.

The Service Provider will not be liable for any delay in performing our obligations under this agreement, if the delay is caused by circumstances beyond our reasonable control (including, without limitation, deficient performance or availability of the Internet or any telephony services).

The Service Provider reserves the right to charge for Out of Hours Callout at a rate of Ł75 per hour, with a minimum of 1 hour where it is determined that the fault was due to a 3rd party or where no fault can be found or the Callout was for an inappropriate purpose.

The Service Provider will change the software and hardware from time to time to ensure, so far as it is reasonably able, that it is the most mutually practical and commercially suitable for the services provided at any time. This may be done without prior notification.

All payments for these account-based services provided will be made in advance using the credit card processing feature included for each customer. Any failure, for whatever reason, to maintain the pre-pay account in credit will result in an automatic refusal to provide the services. This service may be resumed once a payment is made and accepted as a valid transaction leaving no arrears of monies owed.

It is a condition of use that any payment made by credit card is valid for a maximum of six months from the date on which it is made. If it remains unused after this time it may not be reclaimed. Refunds of remaining balances may be made within the six months but only at the specific request of the customer. The amount refunded, if any, will be a maximum of the balance remaining on account at the date and time of the request less any outstanding charges and an administration fee.

The balance held on account is recorded real-time in the user area of the web site. The balance may also be confirmed to the customer when accessing the service by telephone.

Monthly fees, when applicable, will be quoted as a monthly charge but will be deducted from the balance remaining on the account on a daily basis. The full charge for one month must be paid in advance as a condition of registering for the service and sufficient account balance must be retained to ensure that any recurring account charges can be deducted in full.

Accounts, once activated, will be available for the use of the Customer until such time as they have been unused for a period in excess of six calendar months. After this time they will be made inactive. Any sums of money remaining on account after this period may not be reclaimed.

Rental charges applicable to these accounts will remain in force and be entirely recoverable from the Reseller/Customer until such time as they are made inactive. Reinstatement of the services at any time thereafter will render them subject to at least the same rental charges from that point on.

Thirty days written notice is required to cease an account. The account may continue to be used until the termination date.

Should any client or customer initiate a credit card chargeback for any payment processed then that customer will have their account suspended without notice and the account will not be reactivated until the issue has been resolved to the satisfaction of the Service Provider.

Credit card chargebacks attempted after 6 months from the date on which the payment was made will be refused regardless of the reason.

Any calls received that are connected and answered by a Fax service on this platform will have a maximum call duration of 60 minutes. Any calls reaching the 60 minute threshold will be terminated.

The applicable tariff will be available to view via the web site. All pre-pay tariffs include VAT at the prevailing rate. All post-pay tariffs exclude VAT at the prevailing rate.

The Service Provider reserves the right to change any or all of the charges at any time to accommodate the changing costs for the provision of the Service. The Service Provider will endeavour to provide as much notice as possible of any changes that may be made.

The "Add Services Wizard" is available to Resellers and allows the selection of available numbers at the Reseller's discretion. Where this is utilised to create services the Reseller is obliged to, and must confirm their understanding and acceptance of any applicable rules established by Ofcom, Phone-paid Services Authority (PSA) or any other legal or regulatory body in respect of the creation and management of those services. In particular 070 "personal numbers" must only be used in conjunction with follow me services that exactly meet the Ofcom National Telephone Numbering Plan (NTNP) and revenue must not be shared with the end-user. If there is any doubt the prior approval of Ofcom must be gained. See www.ofcom.org.uk/phones-telecoms-and-internet/information-for-industry/numbering for further details.

In respect of 087 and 09 numbers, the Reseller must ensure all numbers are either registered or certificated by Phone-paid Services Authority (PSA) as per the Phone-paid Services Authority (PSA) guidelines, prior to the service going live. See psauthority.org.uk/for-business for further details.

In all cases the reseller remains responsible for its correct operation throughout the life of each such number / service and for the compliance by the Customer to the specific restrictions as set out in the Ofcom NTNP and Phone-paid Services Authority (PSA) guidelines. In the event that numbers are found to have been miss-used the revenue will be withheld, numbers will be de-activated and contracts may be terminated.

Where an automated registration service is being provided it will be based on the issue of a limited range of numbers for all inbound calls into the services provided. No other number types will be used without the agreement of the Service Provider.

Numbers will be issued automatically by the service and may be used at the customer's discretion but be aware that limitations as to use may be controlled by the applicable tariff. Modifications to any tariff are entirely at the discretion of the Service Provider.

Copies of the recordings of calls that have been recorded as part of our service functionality prior to 23rd May18 (GDPR start date) were backed up periodically and should normally be available from the backup discs that are retained for a maximum of five years, providing they were not deleted at any stage prior to that copy being made and the customer has specifically arranged for their retention. Whilst as a service provider we use our best endeavours to ensure compliance with our service level agreements we cannot be held responsible for failing to record or copy such calls. Please note that where the customer has a specific arrangement with us that recordings of calls are not to be retained on our systems then those call recordings will have been irrevocably erased prior to service backup copies being made. If copies of recordings are required from the backup discs then we will endeavour to obtain those for a fee to be agreed at the time of the request.

In addition to these recordings, other calls may occasionally be recorded for quality assurance purposes.

While every effort is made to ensure that data you provide is handled securely, we cannot be held liable for any data or audio received, held or used by the service, including without limitation the loss or corruption of that data.

Please note that data sent from us to you is sent in the Knowledge that the Internet, email and http are not 100% secure communications medium and all users of the service accept this lack of security. Viruses: Although we have taken steps to ensure Internet, email, http transmissions and attachments are free from viruses, we advise that in keeping with best IT practice the recipient should ensure that they are actually virus free.

The customer Web Portal has been provided for personal ad-hoc access to the customer account and its contents, such as the service and call log details. Fair Use of this Web access excludes ‘Bots’ and any other automated facilities from regularly pulling details from the system via the web pages, which will cause abnormal usage loading per customer. We reserve the right to block any usage activity which we alone determine to not be fair use of the Web facility. If regular automated details are required please ask about the Automated Report Subscriptions.

Ofcom require adherence to strict rules when operating dialler facilities / services and customers must operate such services within these guidelines. Resellers are responsible for ensuring their customers operate such services within these guidelines. The guidelines include but are not limited to: playing a brief information message giving details of the calls intention if answered by the consumer before an operator is available, ensuring a number receiving an abandoned call isn’t called again within 72 hours, providing valid CLI identification on all calls and ensuring abandoned calls do not exceed 3% of total calls made. The misuse of dialler, broadcast and automated services can result in substantial Ofcom fines.

For further guidance refer to Ofcom. For example Sections 4.1 to 4.18. of http://stakeholders.ofcom.org.uk/binaries/consultations/persistent_misuse/statement/misuse_statement.pdf

We are obliged to provide the regulatory bodies of Ofcom and Phone-paid Services Authority (PSA) together with certain Investigatory authorities with information about resellers and customers, their companies and individual directors, including personal addresses and contact details, if requested to do so, and have registered to that effect under the terms of The Data Protection Act 1998. The information provided may also include call data, volumes and revenues but essentially that which may be required and is relevant to any investigation or complaint.

For purposes of this Section, “Personal Data” includes any “personal data” within the meaning of the UK Data Protection Legislation, for the avoidance of doubt, “Data Protection Legislation” means the Data Protection Act 1998 or, with effect from 25 May 2018, the General Data Protection Regulation (Regulation 2016/679) and any applicable UK legislation that modifies, implements or applies it.

With respect to any Personal Data processed on Your behalf under the Agreement, Company and You agree that You are the data controller and Company is the data processor in relation to that data. We shall process the Personal Data only in accordance with the terms of the Agreement, the Company’s Privacy Policy, the Data Protection Act 1998 or, once in force, the European General Data Protection Regulation 2016; any other existing or future law, directive or regulation relevant to the Processing of Your Personal Data (“UK Data Protection Legislation”), and lawful instructions reasonably given by You to us from time to time. Both parties will employ appropriate technical and organizational measures to protect such Personal Data. As data processor, Company may appoint sub-processors for parts of its processing of Personal Data, provided however, that the sub-processor assumes the same obligations as are imposed on Company as data processor. Under no circumstances will Company be deemed a data controller with respect to Customer Data and any Personal Data. In respect of Customer Data that constitutes Personal Data, Company shall: (i) take appropriate technical and organisational measures against unlawful and unauthorised processing of the Personal Data and against accidental loss, destruction of and damage to the Personal Data, alteration or disclosure of the Personal Data to any third party; (ii) take reasonable steps to ensure the reliability of all of its personnel (whether employees or contractors) that may have access to the Personal Data and to ensure that they are adequately trained in the good handling of Personal Data; (iii) act only in accordance with the Customer’s instructions in relation to processing the Personal Data and not use the Personal Data for any purpose other than to provide the Service under the Customer Agreement, Company’s Privacy Policy, or as may be required by applicable UK Data Protection Legislation.

Customer agrees and consents to Company and the Network Providers that Company uses to assist in providing the Services to Customer having the right to access Customer's account and to use, modify, reproduce, distribute, display and disclose Customer Data, including any Personal Data, to the extent necessary to provide the Services, including, without limitation, in response to Customer support requests. Any such Network Providers Company uses will only be given access to Customer’s account and Customer Data as is reasonably necessary, in Company’s discretion, to provide the Service and will be subject to: (i) confidentiality obligations which are commercially reasonable and substantially consistent with the standards described in the Agreement and (ii) their agreement to comply with the Personal Data restrictions, including transfer restrictions, set forth in this Section.

We will promptly notify You if we receive a request from a person to access to that person’s Personal Data; a complaint or request relating to Customer’s obligations under applicable data protection legislation; or any other communication relating directly to the processing of any Personal Data in connection with the Agreement. Company will provide You with reasonable co-operation and assistance in relation to any complaint or request made in respect of any Personal Data processed by Company on Your behalf, including by providing You with details of the complaint or request, complying with any data subject access, rectification or deletion requests (within the relevant timescales set out in applicable data protection legislation) and providing You with any Personal Data we hold in relation to a person making a complaint or request (again, within a reasonable timescale).

You represent to Company that You are in compliance with all applicable UK Data Protection Legislation, You have obtained all necessary rights and consents under applicable Law to disclose to Company, or allow Company to collect, use, retain and disclose any Personal Data that You provide to Company, or authorise Company to collect, including information that we may collect directly from Customer end users via cookies or other means, and that Company will not be in breach of any such laws by collecting, receiving, using, transferring and disclosing such information in connection with the Service. As between Customer and Company, Customer is solely responsible for disclosing to Customer’s end users that Company is processing Personal Data for You and obtaining data from such customers. It is Customer’s obligation to disclose to its agents and other end users that such data may be subject to disclosure as required by applicable Law.

You agree to notify Company of: (i) any limitations in Your privacy notice to data subjects; (ii) any changes in, or revocation of, consent by a data subject to use or disclose Personal Data; and (iii) any restrictions on the use of Personal Data to which You have agreed in accordance with your agreements with data subjects; in each case, to the extent that such limitations, changes or restrictions may affect Company’s use or disclosures of Personal Data.

If You receive Personal Data through the use of the Service, You must keep such information confidential and only use it in connection with the Service. You may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless You receive the express consent of the user to do so. You may not disclose any acquired Personal Data to any third party, other than in connection with processing of transactions or the provision of Services requested by end users of the Service. You acknowledge that data sent from Company to You is sent in the knowledge that Internet, email and http are not a 100% secure communications medium. We advise that you understand and accept this lack of security. Although we have taken steps to ensure that Internet, email, http transmissions and attachments are free from any virus, we advise that in keeping with best IT practice, You ensure that they are actually virus free. Company will delete all Customer Data and any Personal Data it may hold within a reasonable period of closure of Customer’s account, or upon Company’s reasonable determination that the information is no longer necessary for the purposes for which such information was collected or retained, in Company’s sole discretion. Customer acknowledges that Company may archive Customer Data and Personal Data rather than delete such data while Customer remains a customer of Company.

Ownership of all the equipment and software installed at the time of implementation and subsequently developed and installed at any time thereafter remains the sole property of the Service Provider and no rights will be deemed to have passed, nor will they be assigned, to any clients, resellers or customers at any time.

Should you as the end user have a complaint then please raise it in writing to your Service Provider with all the relevant details. If you are a residential consumer or a small business of no more than 10 employees and the Service Provider has been unable to resolve a complaint raised by you within eight weeks, you have the right to ask Ombudsman Services(an alternative dispute resolution scheme) to investigate your complaint at no cost. Further information can be found by visiting the Ombudsman Service. https://www.ombudsman-services.org/

This Service does not provide the facility to make 999 or 112 emergency service calls. The Customer must ensure they have alternative facilities to make emergency calls and that all users are aware of how to make an emergency call. The Service Provider does not accept any responsibility for the result of any attempts to make emergency calls through the service.