Website Terms and Conditions
By using this website and its services, you agree to the following terms and conditions:
This website www.chatconnect.co.uk is own and operated by Fruity Creative
If you have any questions about our website or any contracts within it, please contact us on the number.
Number +44 0113 3229608
2. Make a contract with us
2.1 When you place an order with us, you are making an offer to buy service goods. We will send you an e-mail to confirm that we have received your order.
2.2 Once we have reviewed your order we will e-mail you again to confirm that we accept your order, then send you a detailed questionnaire and invoice for the appropriate amount.
2.3 In the unlikely event that the services are no longer available, or that we have made a pricing mistake, we will advise you of this. You will not receive an e-mail confirming acceptance of your order, and there will be no invoices or contract sent.
2.4 Images of products on this website are for illustrative purposes only. Your service experience may vary slightly from the description shown on the website and will not include any else that is not stated on the website services section.
2.5 We have made every effort to display as accurately as possible the description of our website services on this website. However, we cannot guarantee that your monitor’s display all of the written text if a fault occurs.
2.6 Whilst we try to be as accurate as possible, all information provided is approximate and is provided in good faith. If the information is just an estimation then this will be clearly displayed under the service provided with a * sign for notification
2.7 This contract is governed by UK law and Jurisdiction.
2.9 The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales. 2.10 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
3. How to place an order
3.1 You can place an order by contacting us through the contact form on our website or by calling our telling phone number.
3.2 They will be different call charges dependant on the phone company you use and you are responsible for paying all call fees accord while making your service request.
3.3 You will be required to pay for the goods in full at the time of order or we have agreed on a custom package price for the operating of said services.
3.4 We use secure payment facilities for service purchases. You can pay for your order by Visa, Mastercard or Delta/Connect through our third party payment provider GoCardless. These peyments will be deducted via Direct debt and a direct debit notice will be attacted to any invoice sent.
3.5 Promotional prices only apply during the period stated.
3.6 All prices quoted on our website are in UK pounds.
3.7 Once your order has been confirmed, changes may not be possible or may incur additional charges or delays.
3.8 Once your order is complete we will send an invoice marked paid.
4. Acceptable use
4.1 All images, written text and other materials on this website is in the ownership of Fruity Creative and shall not be copied, modified or used in any other way without our written permission.
4.3 Any malicious intentions or actions upon this website or other software we provide will result in either a total ban or if required, law enforcement reports taken against the said users.
4.1.1 LIVE CHAT
- 4.1.2 In the event that services relating to Live Chat are specified in the Specification, or in the event that Chatconnect does provide any Live Chat services to the Customer, this clause shall apply to the Contract.
- 4.1.3 Technical Setup
- (a) It is the Customer’s responsibility to ensure that any technical instructions provided by Chatconnect are adequately adhered to, which can include but not limited to; adding live chat code to a Customer’s website, or providing access to third party software which will enable ChatConnect to receive communications from our Customer’s visitors via the live chat communications platform.
- (b) It is the Customer’s responsibility to ensure that all medium or means required to receive communications is fully operational.
- 4.1.4 Live Chat Monitoring
- (a) All information disclosed by and/or relating to:
- (i) the Customer and its directors, employees, contractors and consultants; and
- (ii) any person or organisation from whom ChatConnect receives a text-based message via the live chat platform for or on behalf of the Customer (a “VISITOR”);
- will be treated as strictly confidential and not disclosed to any person, except to such of the Customer’s directors, employees, contractors and consultants as the Customer may notify to ChatConnect from time to time.
- (b) In this clause 9.3 information includes (without limitation)
- (i) the name, company, firm or organisation, telephone number and other personal and contact details of the Visitor;
- (ii) the nature and content of the live chat message; and
- (iii) the existence of the live chat message, whether disclosed, recorded or stored verbally, in writing, electronically, or by any other means.
- (c) Live chat messages may be monitored or recorded for training purposes.
- (a) All information disclosed by and/or relating to:
4.2.1 EQUIPMENT AND SOFTWARE
- 4.2.2 All software and hardware in whatever form provided by Chatconnect for the purpose of providing the Services remains the property of Chatconnect. Chatconnects grants the Customer a non-exclusive, non-transferable licence to any such software for the purpose of using the Service and for no other purpose. The Customer shall not reproduce the software, shall keep it in confidence and shall not modify it.
- 4.2.3 The Customer acknowledges that where Chatconnect does not own the software or hardware supplied, the Customer’s use of rights is conditional on Chatconnect obtaining a written licence or sub-licence from the relevant licensor on such terms as will entitle Chatconnect to licence such rights to the Customer.
4.3.1 data PROTECTION
- 4.3.2 Chatconnect and the Customer 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 Customer is the data controller and Chatconnect is the data processor in relation to personal data as defined in section 1(1) of the DPA (“PERSONAL DATA”).
- 4.3.3 Chatconnect shall process all Personal Data relating to the Customer, the Customer’s directors, employees, contractors and consultants and any person or organisation from whom Chatconnect receives a Live chat message, email for or on behalf of the Customer (a “Visitor”) strictly in accordance with the DPA and on the written instructions of the Customer.
- 4.3.4 For the purposes of the Contract, “process” shall include (without limitation) the collection, recording, storage and disposal of Personal Data.
- 4.3.5 Chatconnect 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 a level of security appropriate to:
- 4.3.6 Chatconnect shall ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential.
- 4.3.7 Chatconnect shall assist the Customer, at the Customer’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the DPA.
- 4.3.8 At the written direction of the Customer Chatconnct shall delete or return Personal Data and copies thereof to the Customer on termination of the Contract.
- 4.3.9 Chatconnect shall notify the Customer without undue delay upon becoming aware of any breach provisions.
- 4.3.10 In the event that Chatconnect breaches any or above-mentioned mentioned provisions, the Customer reserves the right to terminate the Contract forthwith without notice to Chatconnect.
- 4.3.11 The Customer acknowledges and agrees that details of the Customer’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 Chatconnect in connection with the Services.
- 4.3.12 The Customer 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.
- 4.3.13 The Customer acknowledges that calls may be monitored or recorded for training purposes.
- 4.4.1 CONFIDENTIALITY
- 126.96.36.199 For the purpose of Contract “CONFIDENTIAL INFORMATION” is defined as:
- (a) the name, company, firm or organisation, telephone number and other personal and contact details of a Caller (as defined at clause 13.2);
- (b) the nature and content of the call, facsimile or e-mail including any attachments to the facsimile or e-mail, and any messages or voicemails left by the Caller;
- (c) the existence of the call, facsimile or e-mail; and
- (d) any information identified as confidential at the time of disclosure or ought reasonably to be considered confidential given the nature of the information or the circumstances of disclosure.
- 188.8.131.52 Chatconnect undertakes that it shall not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any Confidential Information (except as permitted) relating to:
- (a) the Customer and its directors, employees, contractors and consultants; and
- (b) a Caller.
- 184.108.40.206 Chatconnect may disclose Confidential Information:
- (a) to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out its obligations under or in connection with the Contract. Chatconnect shall ensure that its employees, officers, representatives or advisers to whom it discloses Confidential Information comply with this clause; and
- (b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- 220.127.116.11 The Customer undertakes that it shall not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of Chatconnect, except as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- 18.104.22.168 Confidential information relating to Chatconnect shall include any information supplied whether in writing, orally or otherwise to the Customer marked as “confidential” described as “confidential” or which might reasonably be assumed to be confidential.
- 22.214.171.124 Chatconnect shall treat all messages as confidential. However, should Chatconnect be served with an appropriate order or warrant Chatconnect shall disclose such information as required by law.
- 126.96.36.199 For the purpose of Contract “CONFIDENTIAL INFORMATION” is defined as:
5. Limitations of liability
ChatConnect is not responsible for the use of the information this website and you using any information that you learn from this website is at your own risk. ChatConnect will not be responsible for any damages, loss of money, injury or other physical, emotional and other damages that occur with the information presented on this website.
- 5.1.1 This clause sets out the entire financial liability of Chatconnect (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Customer in respect of:
- (a) any breach of the Contract including any deliberate personal repudiatory breach or any deliberate breach of the Contract by Moneypenny, or its employees, agents or subcontractors;
- (b) any use made by the Customer of the Services, or the equipment that has been supplied to the Customer under the terms of the Contract or any part of them; and
- (c) any representation, statement or tortuous act or omission (including negligence) arising under or in connection with the Contract.
- 5.1.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
- 5.1.3 Nothing in these Conditions limits or excludes the liability of Chatconnect:
- (a) for death or personal injury resulting from negligence; or
- (b) for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by Moneypenny; or
- 5.1.4 Subject to clauses 5.1.2 and 5.1.3, Chatconnect 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.
- 5.1.5 Chatconnect’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract, shall be limited to an amount equal to the aggregate of the invoices for the Services used by the Customer over the previous 3 to 12 months depending on past customer contracts.
6. Other parties
ChatConnect will not be held responsible for any loss of data that the website viewer decides to submit to a website contact form, completion entry, survey or any other input collection of data. The website user agrees to these terms and condition on the outset of arriving at our website and reading our full terms and conations clearly displayed in the footer.
In no circumstance will they be any exceptions for any website visit regardless of title, social position or company employment to be bound by these terms and conditions unless stated by government UK law.
A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
10. FORCE MAJEURE Neither party shall be liable for failure to perform obligations, if under the Contract, that failure results from any circumstances beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of Fruity Creative or any other third-party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake or default of suppliers or subcontractors (“FORCE MAJEURE EVENT”), provided it:
- (a) has taken all reasonable steps to prevent and avoid the Force Majeure Event;
- (b) takes all reasonable steps to overcome and mitigate the effects of the Force Majeure event as soon as reasonably practicable;
- (c) on becoming aware of the Force Majeure Event, promptly informs the other party in writing of the Force Majeure event, the known or anticipated impact of the Force Majeure Event and with a reasonable estimate of the period during which the Force Majeure Event will continue;
- (d) as soon as is reasonably practicable after becoming aware of the Force Majeure event, such party provides written confirmation and reasonable evidence of the Force Majeure event to the other party; and
- (e) notifies the other party when the Force Majeure Event has concluded.
All users of this website are to fully understand and read the above terms and conditions. Continuing to use this website or enquiring about the services on it, is a sign of agreement of these terms and conditions. All services offered by ChatConnect will have its own Terms of Service agreement in which both these terms and conditions and terms of service contracts provided much be accepted.