Terms And Conditions for all Clinic Appointments Ltd Service Contracts (Version 6.1)
Your Clinic Appointments Ltd Account
Clinic Appointments Ltd websites provide an online appointment diary and personal assistant/secretarial services for both individuals and businesses. The service is provided by Clinic Appointments Ltd (company no: 5575909) and its suppliers. In order to be able to use any part of the Clinic Appointments Ltd services, you are required to submit the signup form supplied to you electronically, which is legally binding in conjunction with these terms and conditions, to obtain a Clinic Appointments Ltd account. You agree to keep your Clinic Appointments Ltd account password secret at all times and to inform us and change it if you believe that another person has become aware of it. You are solely responsible for all use or misuse of your username and password, and any losses or damages arising from such use or misuse. You confirm that all information supplied by you to us is current, complete and accurate in all respects and you agree to notify us immediately of any changes to this information. If you have (or we believe that you have) provided false information or have (or we believe that you have) failed to notify us of any changes then we shall have the right to terminate your Clinic Appointments Ltd Account (see Termination below). We shall comply with all applicable Data Protection laws in the UK . For a description of how we use your personal data, please see our Privacy Policy below. In respect of our message taking services (both the telephone appointment booking and pa message taking service), every phone call where the caller wishes to leave a message will result in a message being sent to you informing you of the call. In respect of the telephone appointment booking service, an appointment booked will include all appointments booked by us (Clinic Appointments Ltd), even if subsequently cancelled, and any appointments updated or cancelled by us even if originally booked by you. An appointment booked by you does not count towards your total of appointments booked. For all services, where the caller has dialled an incorrect number, we will not charge. Please note that any telephone number allocated by us to you will remain our property at all times and that we reserve the right to change your number at any time.
Cancellation and Termination
Once entered into, this agreement will continue and you accept that you will continue to be charged on a monthly basis until we receive a clear notice in writing to terminate. You may terminate this agreement only on your monthly billing date and we must receive at least one calendar months notice in writing by email. You may also terminate this agreement by giving us not less than 30 days advance notice from the date on which we change or supplement these terms and conditions. You agree that we may terminate your Clinic Appointments Ltd contract by giving you not less than 30 days’ notice, in writing by email (including, without limitation, your username, password, Online Appointment Diary and secure area, and any services you use) for any reason including, without limitation, if we believe that you have violated or acted inconsistently with these terms and conditions. Your monthly subscription is non refundable. Notwithstanding the above, Clinic Appointments Ltd reserves the right at our sole discretion to suspend or terminate your account with or without notice should your account fall into arrears by more than 30 days.
Notification of changes to service requirements
Once your account is setup and operating, Clinic Appointments will operate the services provided to you according to the latest instructions (acknowledged via email by us to the email address on your account) that you send to the email address info@clinicappointments.com. This process includes both changes and cancellation requests.
Unless otherwise agreed in writing, our services to you and your obligation to pay for those services commence when your service is setup and operational (or after any free trial period has ended) and will continue until you provide us with written notification that you wish your services with us to cease and the cancellation notice period has expired. We will always acknowledge in writing a request to cancel your services with us
In the case of using our services for holiday cover you must notify us of when you wish the services to start and end and also when you wish us to accept calls during that period. If you do not specify a date for the cessation of your services we will assume that you wish to continue using the services and you will continue to be charged. Failing to use the services (for example by not diverting calls to us) does not remove your obligation to pay for the services.
Call recording
Telephone Calls taken by Clinic Appointments staff either on behalf of you as a client or in representing Clinic Appointments may be recorded for training and security reasons. As a client of Clinic Appointments you are entitled to ask for a copy of any call recorded within our systems that relates to you as a client. If requested via email by you, any such recording may, at our sole discretion, be emailed to your nominated email address in the form of a .wav file. Calls are stored for a period of circa 30 days.
Online Booking
Clinic Appointments offers an external online booking process as part of its service. Should you elect to use this functionality then your clients will be able to directly make bookings into your diaries via a web page. The web page will reside on the site www.diarycentre.co.uk and will be labelled with your company name. Depending on the settings you elect to use, new and existing clients shall be able to create appointments on the dates and times you allow. You will be responsible for setting the terms and conditions under which the clients will create and amend appointments as well as providing the information regarding what action may be taken in the event of client’s not adhering to your cancellation policy. In using this part of the service you agree that Clinic Appointments Ltd will not be liable to you or your clients in any way for any costs incurred by you or your clients.
Charges and Billing
The current charges of Clinic Appointments Ltd are described in the Pricing section of www.clinicappointments.com and are subject to change following not less than 30 days notice unless otherwise agreed. For your account to remain active you are required to supply us with the details to setup and maintain a direct debit mandate with your nominated bank account. At the beginning of each calendar month Clinic Appointments Ltd will raise an invoice to you for 1 month’s advance service rental charges plus any extra charges incurred during the previous month. This invoice is available to view online, and you may access it from the ‘Invoices’ link on your account home page. You should review and check the charges on the invoice and raise any query against those charges within 3 months of the date of the invoice.
After the issue of this invoice, a request for the amount of the invoice will be raised under the direct debit authority provided. Should any such payments fail or be rejected we will charge an additional administration fee of £20 plus VAT which will be added to the total being represented for payment. Should such a represented payment request fail then we will charge additional reasonable fees to cover administration costs, plus interest on the sum due, from the date when such payment was due until the date of actual payment at a rate per annum of 4% above the base rate from the Bank of England. Such interest shall accrue from day to day and shall be compounded annually. Furthermore, in certain circumstances, we may disclose such failure to pay to a debt collection agency or a credit reference agency. The registered member(s) and its Company are both jointly and severally liable for Clinic Appointment Ltd charges accrued. Clinic Appointments Ltd reserves the right to increase or decrease its charges by giving 30 days notice in writing (by email or other electronic notification).
We will aim to investigate and resolve any queries raised against an invoice within a 30 day period and, if appropriate, issue a refund via the direct debit mandate for any charges found to be incorrect. We will only consider queries against charges made on invoices raised within the last 3 months from the date of when a query is received and acknowledged by us in writing. All invoices preceding this period will be deemed to have been agreed and accepted by you and are non-refundable.
User Content and Restrictions
You acknowledge that you are responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("User Content ") that you upload, post, email or otherwise transmit or receive via Clinic Appointments Ltd, or that we produce for you as part of the service. We shall have the right, in our sole discretion, to remove, block or refuse to produce any User Content that is: unlawful, abusive, defamatory, obscene or otherwise objectionable. In particular you agree not to upload, post, email or otherwise transmit via Clinic Appointments Ltd any material that in our reasonable opinion: is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or - infringes any patent, trademark, trade secret, copyright or other proprietary rights; or - contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy functionality of any computer software or hardware or telecommunications equipment. We reserve the right to temporarily or permanently discontinue or to restrict your access to parts or all of Clinic Appointments Ltd websites at any time without notice or liability, including, without limitation, for website and/or server maintenance. Clinic Appointments Ltd websites might contain hyperlinks to web sites operated by other parties. Such hyperlinks are provided for your reference only. We make no representations or warranties about those sites or their content nor that the links work. You agree not to: - interfere with or disrupt the Clinic Appointments Ltd services in any way; - impersonate any person or entity, including, but not limited to, an Clinic Appointments Ltd official, or falsely state or otherwise misrepresent your affiliation with a person or entity; - send "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation; - forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service; - other than in the ordinary course of use of Clinic Appointments Ltd, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Clinic Appointments Ltd service, use of the Clinic Appointments Ltd service, or access to the Clinic Appointments Ltd service; - use the Clinic Appointments Ltd service for any unlawful activity.
Intellectual Property
The general contents of Clinic Appointments Ltd and the company websites and the way that they are presented are protected by copyright and may not be reproduced, in whole or part, in any form or used in any other way except in accordance with these terms and conditions. You may download and/or print off the visible text and graphics for your personal non-commercial use from the parts of the Clinic Appointments Ltd websites which are generally accessible to all users. You may also download and/or print off User Content. However, you may not reproduce any of the other contents from Clinic Appointments Ltd including, but not limited to, the structure, overall style and program code, and company logo.
Limitation of Liability
We shall use reasonable skill and care in providing the Clinic Appointments Ltd services to you. Except as expressly provided in these terms and conditions, we expressly disclaim, to the extent permitted by law, any further representations (except misrepresentations made fraudulently), warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill. We shall not be liable to you for any loss of service caused by events beyond our control, including, without limitation, denial of service attacks, and service failures from our service providers (including, without limitation, Server Hosting companies, Telecommunications, Electricity Supply companies). In particular, we shall not be financially liable to you for any mistakes made in connection with any of our services, including, without limitation, undeliverable emails and sms text messages, that may result in special loss or damage or any economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings). Notwithstanding any provision of these terms and conditions: (i) your statutory rights as a consumer are not affected; (ii) we will be liable to you without limit for any death or personal injury caused by our negligence and to the extent that liability arises be liable to you without limit for any death or personal injury caused by our negligence and to the extent that liability arises under Part 1 or section 41 of the Consumer Protection Act 1987 and for liability arising from statements made fraudulently by us.
Security
It is very important to us to keep information about you and User Content confidential and secure and we will use reasonable endeavours to keep your information and User Content confidential and secure. However we cannot ensure or warrant the confidentiality or security of any information or User Content. You also agree that we have no responsibility or liability for the deletion or failure to store any of your data (including appointment data) or other User Content maintained, entered, or transmitted by Clinic Appointments Ltd.
Indemnity
If you use Clinic Appointments Ltd for any illegal purpose or for any purpose other than that expressly permitted by these terms and conditions or in breach of these terms and conditions you will be liable to indemnify us in full for any loss, liability or cost which we incur that arises from or in connection with any such use or alleged use.
Opening Hours
We operate our business from 8am-6.30pm Monday, 8am-6pm Tuesday-Friday and 9am-1pm Saturday, except on Public Holidays when we are closed. Should the 24/12 and 31/12 fall on a weekday, then we will be open from 09:00 to 13:00 on those days (Christmas Eve and New Years Eve).
Modifications
We may change or supplement these terms and conditions from time to time, including, without limitation, the charges. We will ensure that any such changes or supplements are made reasonably apparent to you and we will send such information to you at least 14 days in advance. If we do change or supplement these terms and conditions then you may terminate this Agreement in accordance with the provisions set out below (see Termination section). Otherwise, you will be bound by such changes or supplements.
Complaints
We are dedicated to providing you with a quality service. However in the unlikely event that you should have a complaint with regard to Clinic Appointments Ltd, please send an email to info@clinicappointments.com . We will use reasonable endeavours to investigate your complaint and respond to you within 72 hours of receipt of your email.
General
These terms and conditions are governed by English law and any dispute connected with this site is subject to the exclusive jurisdiction of the English courts. To the extent that any provision of these terms and conditions is determined to be invalid, unlawful or unenforceable then that provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these terms and conditions shall continue in effect. You acknowledge that you have entered into these terms and conditions in reliance only on the representations, warranties and promises specifically contained or incorporated in these terms and conditions and, save as expressly set out in these terms and conditions, we shall have no liability in respect of any other representation, warranty or promise made prior to these terms and conditions unless it was made fraudulently. Any rights not expressly granted in these terms and conditions are reserved.
Privacy Policy
General
We take your privacy very seriously. This privacy policy explains the steps we take to ensure that information about you is kept secure and confidential. Please read this privacy policy carefully, as once you use any of the Clinic Appointments Ltd services you will be deemed to have read and accepted this privacy policy.
Collection of Information
We will only collect personal information about you, given by you, when you register with us, update your details in your website(s) secure area, or contact us for information. You may request a copy of the personal information we have about you, and may correct it if you wish, by emailing us at info@clinicappointments.com .
Purposes
We collect information about you so that we can inform you of products and services which may be of interest to you, to send you news items and also to help us improve and personalise the Clinic Appointments Ltd websites.
Disclosure We will only pass on information about you as an individual (as opposed to aggregate information) to third parties to enable us to perform services requested by you or with your prior consent. If you give your consent, third parties may then occasionally send communications to you to provide information, offers and service that may be of interest to you. You may withdraw your consent at any time by emailing us at info@clinicappointments.com. We may disclose information obtained from you to actual and potential commercial partners of Clinic Appointments Ltd (such as advertisers) but only as part of aggregate statistics, for example, the number of Clinic Appointments Ltd registered users, and the typical nature and location of their organisations etc. In certain circumstances we may need to disclose information about you if you breach this Privacy Policy and/or our Terms and Conditions. For example, if you fail to make payments as they become due, we may disclose this to a debt collection agency or a credit reference agency. We may also disclose or access your account if required to do so by law or by any Governmental body. We may sell your information to a third party as part of the sale of the whole or part of our business, or if Clinic Appointments Ltd becomes insolvent.
Security
Keeping information about you secure is very important to us. However, whilst we strive to protect your personal information, we cannot ensure or warrant the security of any information which you send to us, or which we store.
Cookies
We do not use cookies to collect personal information about you. However, use of our Online Appointment Diary and your secure portal area requires that your browser is set to accept cookies. We use cookies to hold a unique ID number identifying which member is currently logged on at the PC. If your browser does not accept cookies, you will continually get error messages and will be unable to use your secure portal area or online appointment diary.
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