Use of any services provided by PA2GO, including this website, denotes your complete agreement with and acceptance of these terms and conditions.
The service and these Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.
Regardless of currency, all invoices and payable charges for our service originate from the United Kingdom and, as such, we are a United Kingdom based company trading in the United Kingdom for tax purposes.
- 1.1 “Client” means the individual or organisation that buys or agrees to buy the Services from the Supplier
- 1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
- 1.3 “Contract” means the contract between the Supplier and the Client for the provision of Services incorporating these Terms and Conditions;
- 1.4 “Services” means the services that the Client agrees to buy from the Supplier;
- 1.5 “Specification” means the order request detailed by the Client outlining to the Supplier their request for Services.
- 1.6 “Supplier” means PA2GO
- 1.7 “Terms and Conditions” means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
- 1.8 “Website” means www.PA2GO.co.uk
- 1.9 “Bill Period” means the bill cycle defined by the Supplier to the Client on acceptance of request for Services.
- 2.1 Nothing in these Terms and Conditions shall affect the Client’s statutory rights when buying as a Consumer.
- 2.2 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Client and shall prevail over any other documentation or communication from the Client.
- 2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
- 2.4 Any complaints should be addressed to the Supplier’s address.
- 2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
- 2.6 Nothing in these Terms and Conditions shall be taken to confer any rights under the Contracts (Rights of Third Parties) Act 1999.
3. CUSTOMER OBLIGATIONS
3.1 The Customer shall;
- 3.1.1 Provide the Supplier with all information required for the Supplier to perform the Services;
- 3.1.2 Ensure that all information supplied to and held by the Supplier is up to date and correct and that the Supplier has the correct contact details for the Client at all times during the term of the contract;
- 3.1.3 Provide the Supplier and its employees all relevant information relating to health and safety at their premises, where appropriate or requested;
- 3.1.4 Not use any trademarks, names, logos, materials, address or copyrights of the Supplier without written authorisation to do so;
4.1 All orders for Services shall be deemed to be an offer by the Client to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
5.1 LIVE CHAT
- 5.1.1 It is the Client’s responsibility to ensure that any technical instructions provided by Supplier are adhered to, which can include but not limited to; adding live chat code to a Client’s website, or providing access to third party software which will enable Supplier to receive communications from our Client’s visitors via the live chat communications platform.
- 5.1.2 It is the Client’s responsibility to ensure that all means required to receive communications is fully operational.
- 5.1.3 All information provided through live chat will be treated as strictly confidential and not disclosed to any person, except to such of the Client’s directors, employees, contractors and consultants as the Client may notify to Supplier from time to time, in the usual course of business.
- 5.1.4 Supplier may record live chat messages and/or monitor them, for training purposes.
5.2 TELEPHONE ANSWERING
- 5.2.1 The Client will not divert any additional numbers to the Supplier provided telephone number, other than the number specified in the Specification, breach of this clause may result in the Suppliersright to terminate the Contract forthwith without any notice to the Client.
- 5.2.2 Monthly subscription charges apply to this service. Such fees are set out on the Website and are subject to change. Charge changes shall not take place within contracted periods, but may update upon renewal.
5.3 CALL DIVERSION
- 5.3.1 Call diversion shall require the Client to ensure that the appropriate steps are taken by the Client’s phone service provider to divert traffic from the Client’s number to the appropriate Supplier provided number. Supplier shall not be responsible for any missed traffic or failure by the Client’s phone service provider to set up the diversion correctly.
5.4 PA SERVICES
- 5.4.1 Supplier will provide access to qualified and experienced virtual personal assistants (“PA”) who shall assist the Client in their day to day business tasks. Client shall only use the PA for business related management tasks.
- 5.4.2 Client is responsible for ensuring that all relevant and required information is provided to the PA in order for the Services to be carried out successfully.
- 5.4.3 Information provided to the PA shall be treated as strictly confidential and shall be destroyed upon termination of Services unless otherwise requested to be kept.
5.5 DIARY MANAGEMENT
- 5.5.1 Supplier shall provide a Service which requires access to the Client’s diary and planners. Supplier shall engage on behalf of the Client to ensure that the diary is maintained and managed accordingly.
- 5.5.2 Client is responsible for updating Supplier in relation to changes which cannot be access of viewed by the Supplier. Supplier shall not be responsible where access or relevant information is withheld or denied.
- 5.5.3 Client understands and agrees that all information provided to Supplier under this Service shall be deemed to be strictly confidential.
5.6 OUTBOUND CALLING
- 5.6.1 Supplier shall provide the relevant, appropriately trained staff to provide this virtual service. Supplier does not guarantee lead generation success or business opportunities.
- 5.6.2 Client understands that they are responsible for providing any literature required by the Supplier for the running of this Service and to provide any access as may be necessary to set the Service up.
6. PRICE AND PAYMENT
- 6.1 The price of the Services shall be that stipulated at the time of purchase, or may be customised to the Client’s needs by agreement between the Supplier and the Client.
- 6.2 Payment plans are available on the Website and are subject to change in line with market rates.
- 6.3 Unless otherwise agreed in writing by the Supplier all sums due to Supplier under the Contract, shall be payable within 30 days of receipt of Supplier’s invoice.
- 6.4 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.
- 6.5 Where applicable, the Supplier shall be entitled to charge interest daily on overdue invoices from the date when payment becomes due until the date of payment at a rate of 8% per annum above the base rate of HSBC bank from time to time in force.
- 6.6 All charges under the Contract shall be subject to VAT at the prevailing rate.
- 6.7 The Supplier reserves the right to refer unpaid and overdue invoices to an accredited debt collector of the Supplier’s choosing, which may incur additional fees.
- 6.8 Service fees are taken day at the beginning of the monthly period. The Client’s service Subscription(s) will automatically renew each month or following 100% usage of the Client’s Subscription (whichever date is earlier) unless Client gives written notice to the Supplier in accordance with clause 7 below.
- 6.9 Fees for additional work requested by the Client are due prior to any additional work commencing and can be made via electronically to the details provided by the Supplier upon request
- 6.10 Refunds are available solely at the discretion of the Supplier.
- 6.11 The named account holder agrees to personally guarantee and underwrite all and any debts owed to Supplier in the course of this relationship. By entering into this agreement Client agrees that Supplier can recover all and any debts outstanding from Client personally in the event that the trading entity, regardless of form, fails to settle the debts directly with Supplier.
- 7.1 The Supplier shall perform the Services with reasonable skill and care. However, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all.
- 7.2 The Services shall continue indefinitely unless and until terminated in accordance with clauses 7.3 and 7.4.
- 7.3 Client may terminate this agreement (as regards some or all of the Services) for any reason by providing 60 days written notice.
- 7.4 Any payments due following cancellation shall remain payable.
- 7.5 Should the Client terminate the account, account information will be required for account security purposes. After the end of the paid-for period, the Client will have no further access to the account and all data relating to the Client may be deleted within one month.
- 7.6 The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Client breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable.
- 7.7 The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services should the Client become financially insolvent.
- 7.8 The Client may not use the Supplier’s service to arrange or carry on any illegal or immoral activity.
- 7.9 The Client agrees that the Supplier is not a recruitment agency or introducer and does not search or specifically select staff or third parties on behalf of the Client and therefore relevant recruitment agency laws and regulations do not apply to the Supplier.
8. RIGHTS OF SUPPLIER
- 8.1 The Supplier reserves the right to periodically update any prices shown on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure any prices shown are correct at the point at which the Client places an order.
- 8.2 If the Supplier updates the price paid by an existing Client, notice shall be provided to the email address held on record for the account no less than one full month prior to the change taking effect.
- 8.3 The Supplier reserves the right to withdraw the Services from the Website at any time.
- 8.4 The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
9. CANCELLATION WHEN BUYING AS A CONSUMER
- 9.1 If purchasing as a Consumer the Client has the right to cancel the Contract, by notice in writing, at any time before seven working days has passed from the day after the Contract was made. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Client before the Client exercises this right to cancel, the right to cancel is lost.
10. APPROPRIATE USE
- 10.1 The Client agrees that it will not use the Services for any matter which in the reasonable opinion of the Supplier constitutes any improper, immoral or illegal purpose and confirms that such use constitutes grounds for immediate termination of the Services by Supplier.
11. LIMITATION OF LIABILITY
- 11.1 Except as may be mandated by statute where the Client is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Client shall be limited to damages, which shall in no circumstances exceed the regular monthly subscription price of the Services paid by the Client in the preceding 3 months and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
- 11.2 To the extent permitted by law, the Supplier shall not be liable to the Client save as expressly provided for in this agreement and shall have no other obligations, duties or liabilities whatsoever in contract, tort or otherwise to the customer, specifically:
11.2.1 The Supplier will not be responsible for any damages the Client’s business may suffer.
11.2.2 The Supplier makes no warranties of any kind, expressed or implied for the services provided.
11.2.3 The Supplier disclaims any warranty or merchantability or fitness for a particular purpose.
11.2.4 The Supplier is not responsible for any loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by The Supplier and its employees. The Supplier cannot guarantee that the service will be uninterrupted or error-free, or meet the Client’s requirements.
- 11.3 This clause 11 sets out the entire financial liability of Supplier (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Client in respect of:
188.8.131.52 any breach of the Contract including any deliberate personal repudiatory breach or any deliberate breach of the Contract by Supplier, or its employees, agents or subcontractors;
184.108.40.206 any use made by the Client of the Services, or the equipment that has been supplied to the Client under the terms of the Contract or any part of them; and
220.127.116.11 any representation, statement or tortuous act or omission (including negligence) arising under or in connection with the Contract.
- 11.4 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
- 11.5 Nothing in these Conditions limits or excludes the liability of Supplier:
18.104.22.168 for death or personal injury resulting from negligence; or
22.214.171.124 for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by Moneypenny;
- 11.6 Supplier shall not be liable for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss of information or any special, indirect, consequential or economic loss, costs, damages, charges or expenses.
12. DATA PROTECTION/GDPR
- 12.1 Supplier and the Client acknowledge that for the purposes of the Data Protection Act 1998 (“DPA”) (as may be amended, extended, re-enacted or superseded by General Data Protection Regulation (Regulation (EU) 2016/679)), the Client is the data controller and Supplier is the data processor in relation to personal data as defined in section 1(1) of the DPA (“PERSONAL DATA”).
- 12.2 Supplier shall process all Personal Data relating to the Client, the Client’s directors, employees, contractors and consultants and any person or organisation from whom Supplier receives a telephone call, facsimile or e-mail for or on behalf of the Client (a “CALLER”) strictly in accordance with the DPA and on the written instructions of the Client.
- 12.3 For the purposes of the Contract, “process” shall include (without limitation) the collection, recording, storage and disposal of Personal Data.
- 12.4 Supplier shall, having regard to the state of technological development and the cost of implementing any measures, take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure an appropriate level of security
- 12.5 Supplier shall ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential.
- 12.6 Supplier shall assist the Client, at the Client’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the DPA.
- 12.7 At the written direction of the Client,Supplier shall, delete or return Personal Data and copies thereof to the Customer on termination of the Contract.
- 12.8 Supplier shall notify the Client without undue delay upon becoming aware of any breach of the provisions of this clause 11.
- 12.9 In the event that Supplier breaches any or all of the above mentioned provisions of this clause 11, the Client reserves the right to terminate the Contract forthwith without notice to Supplier.
- 12.10 The Client acknowledges and agrees that details of the Client’s name, address and payment record may be submitted to a credit reference agency, and Personal Data will be processed by and on behalf of Supplier in connection with the Services.
- 12.11 The Client warrants that the Contract and the Services provided under it will not amount to any breach of any contract or arrangements it has with any of its clients or customers.
- 12.12 The Client acknowledges that calls may be monitored or recorded for training purposes.
- 13.1 No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
14. FORCE MAJEURE
- 14.1 The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, flood or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.
- 15.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
16. CHANGES TO TERMS AND CONDITIONS
- 16.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Client upon making a purchase until the Client’s monthly renewal of the Services occurs.
- 16.2 Monthly renewal by the Client of the Services will be deemed acceptable of the Supplier’s then current Terms and Conditions.