Terms And Conditions for all Clinic Appointments Ltd Service Contracts (Version 5.0)
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 on the Clinic Appointments Ltd website www.clinicappointments.com/signup.aspx , 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).
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
You may terminate this agreement only on your monthly billing date and we must receive at least one calendar months notice in writing (by letter or 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 paper letter or 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.
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 will be emailed to your nominated email address in the form of a .wav file.
Clinic Appointments offers an online booking process as part of it’s 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.
Should authorisations or payments be made online by your clients as part of creating or editing an online booking then these funds will be forwarded to your nominated bank account once they have been received as cleared funds in our bank account as described in the secure card payments section of these terms and conditions.
Secure Card Payments from your Clients
If your account has been approved to accept secure card payments on behalf of your clients then either payments or authorisations will be processed online via a third party secure payment gateway(Paypoint.net). No card details are stored by Clinic Appointments systems. All communication with the client will be sent from www.diarycentre.co.uk and will contain the name of your clinic and contact details. The system is designed to allow clients to pay for appointments at time of booking or alternatively to provide their details for subsequent collection of a cancellation charge in the event of late cancellation or failure to attend.
Payments that are collected from your clients will be paid to your nominated bank account within 7 working days of being collected from the client. The charges made by Clinic Appointments for processing the payments will added to your monthly invoice and will be payable under the normal terms.
Should a chargeback be received against a payment made by one of your clients against a transaction that Clinic Appointments has already settled to your bank account then Clinic Appointments will at their sole discretion either add the amount of the chargeback plus any applicable fees to the invoice raised to you at the end of the month or create an invoice to you for immediate payment for the amount of the chargeback plus any applicable fees.
In utilising the secure card payment process from Clinic Appointments to process payments from your clients to your account you acknowledge and agree that Clinic Appointments Ltd are not responsible for either the setting of the charges to your clients or the delivery of any agreed service or product to the client and you agree to indemnify and hold harmless Clinic Appointments against any cost or claim made by the client in respect of the payment transaction made on your behalf by Clinic Appointments Ltd.
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.
You will either supply us with details to setup and maintain a direct debit mandate with your nominated bank account or provide us with a continuous authority to charge your credit or debit card.
At the beginning of each calendar month Clinic Appointments Ltd will raise an invoice to you for 1 months advance service rental charges plus any extra charges incurred during the previous month. Clinic Appointments Ltd will send you a link to this invoice by email.
A credit card transaction will incur an extra charge.
After issue of this invoice, the amount of the invoice will either be charged to your registered credit/debit card or a request for the amount 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 and also any charge backs from the registered credit/debit card.
Clinic Appointments Ltd reserves the right to increase or decrease its charges by giving 30 days notice in writing (by paper letter, email, other electronic notification).
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: 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.
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.
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.
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.
We operate our business from 08:00 to 19:00, Monday to Thursday, from 08:00 to 18:30 on a Friday and from 09:00 to 13:00 on a 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).
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.
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 firstname.lastname@example.org . We will use reasonable endeavours to investigate your complaint and respond to you within 72 hours of receipt of your email.
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.
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 email@example.com .
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.
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 firstname.lastname@example.org.
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.
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.