Terms And Conditions
BACKGROUND:
These Terms and Conditions are the standard terms for the provision of services by Frontline Sales Consultancy registered in England under number 07285637, whose registered address is Unit 2, Riversway Business Village, Navigation Way, Preston, PR2 2YP, and operational addresses are:
Unit 2, Riversway Business Village, Navigation Way, Preston, PR2 2YP
Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- The Client / You means the individual or business entity (whether firm or limited company) instructing Frontline Sales Consultancy for the Guaranteed Appointment Making Service
- Business Day means any day other than a Saturday, Sunday or bank holiday.
- Calendar Day means any day of the year;
- Contract means the contract for the provision of Services, as outlined in the invoice and email
- Payment means the full payment of the Set-up Day & Calling Campaign fee paid on account to Us
- Month means a calendar month.
- Price means the price payable for the Services.
- Services means the services which are to be provided by Us to you specifically the Guaranteed Appointment making Service as specified in your Order (and confirmed in Our Order Confirmation & Invoice);
- Special Price means a special offer price payable for Services which We may offer from time to time;
- Order means your order for the Services
- Order Confirmation means Our acceptance and confirmation of your Order as described in the order email.
- We/Us/Our means Frontline Sales Consultancy, registered in England under number 07285637, whose registered address is Unit 2, Riversway Business Village, Navigation Way, Preston, PR2 2YP.
Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail or fax.
Definitions and Interpretation
Frontline Sales Consultancy, registered in England under number 07285637, whose registered address is Unit 2, Riversway Business Village, Navigation Way, Preston, PR2 2YP.
The Contract
These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before confirming your instruction to proceed with the service, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your instruction to proceed constitutes a contractual offer that we may, at our discretion, accept.
A legally binding contract between us and you will be created upon our acceptance of your Order / instruction to proceed, indicated by Our Order Confirmation email and invoice. Order Confirmations will be provided in writing via email.
We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
The main characteristics of the Services;
- The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
- The arrangements for payment, performance and the time by which (or within which) we undertake to perform the Services;
- The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract.
Orders - 4
All Orders for Services made by you will be subject to these Terms and Conditions.
You may change your Order at any time before we begin providing the Services by contacting Us. Requests to change Orders do need to be made in writing 48 hrs prior to commencing.
If your Order is changed, we will inform you of any change to the Price in writing.
(4.4)You may cancel your Order within 48hrs of the work commencing. If you have already made any payments to Us including, but not limited to the Deposit, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If you request that your Order, be cancelled, you must confirm this in writing. If you wish to cancel the Services after this time, or once We have begun providing the Services, please refer to the Cancellation paragraph.
We may cancel your Order at any time before we begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of our reasonable control. If such cancellation is necessary, we will inform you as soon as is reasonably possible. If you have made any payments to Us including, but not limited to the Deposit, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation. Cancellations will be confirmed in writing.
Price and Payment
The Price of the Services will be that shown in our price list in place at the time of your Order. If the Price shown in your Order differs from Our current price, we will inform you upon receipt of your Order.
If we quote a Special Price which is different to the Price shown in our current, the Special Price will be valid for or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement or promotion. Orders placed during this period will be accepted at the Special Price even if we do not accept the Order until after the period has expired.
Our Prices may change at any time, but these changes will not affect Orders that We have already accepted.
Before we begin providing the Services, you will be required to pay the full cost of the service which will include the cost of the set-up day (new clients only) and the cost of the calling campaign. The due date for payment of your fees will be included in the Order Confirmation & Invoice.
In certain circumstances, if your order is cancelled, your payment will be refunded in full or in part. The amount due will be calculated based upon the Price for the Services, and the amount of work (if any) already undertaken by Us. Please refer to the Orders Paragraph if your order is cancelled before the Services begin, or the Cancellation paragraph if the Services are cancelled after they have begun.
We accept the following methods of payment:
Bank transfer, Bacs;
Chaps;
If you do not make payment to us by the due date as shown on the invoice, the service will not commence until such time the invoice has been settled in full prior to the campaign commencing.
No interest will accrue while such a dispute is ongoing.
Providing the Services
As required by law, we will provide the Services with reasonable skill and care, consistent with best practices and standards and in accordance with any information provided by us about the Services and about us.
We provide Guaranteed Appointment Making Services for Business to Business and Business to Consumer Sectors. Our Guaranteed Sat Appointment Making Service is provided on a Guaranteed Sat Meetings or Your Money Back basis. If the agreed number of meetings has not been achieved by the end of the current calling campaign the difference will be achieved within 10 working days of the initial campaign ending.
If after the 10 working days, there are some meetings not yet arranged the company will reimburse the client back for the outstanding meetings on a pro rata basis or provide a credit towards the following months calling campaign. The client has the right to choose their preferred option.
The following criteria constitutes a qualified sat meeting, office meeting, site meeting, Teams / Zoom meeting, telephone meeting, PQQ application obtained or request to join subcontractor database, LOE- letter of engagement, instructions to use the clients service or products without the need to have a meeting and opportunity to tender for work or provide estimate / quote for products or services.
The target number of meetings will be agreed by us with the client before entering into agreement.
If the client is unable to attend an arranged meeting and fails to provide 24hrs notice to us and as a result fails to attend the meeting this counts towards the agreed campaign target for meetings.
We will begin providing the Services on the date confirmed in Our Order Confirmation email and invoice. We will continue providing the Services for the stipulated period on the order confirmation email and invoice.
Payment Schedule
Front Line Sales Consultancy operate on a ‘payment on account’ basis. Please see below an example of our typical payment schedule for a campaign.
Set Up Day cost To be cleared 1 week before the set-up date.
Month 1 Cost To be cleared 1 week before campaign start date.
Month 2 Cost To be cleared 1 week before campaign start date.
Month 3 Cost To be cleared 1 week before campaign start date.
Month 4 Cost To be cleared 1 week before campaign start date.
Month 5 Cost To be cleared 1 week before campaign start date.
Month 6 Cost To be cleared 1 week before campaign start date.
We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 9 for events outside of Our control.
If we require any information or action from you in order to provide the Services, we will inform you of this as soon as is reasonably possible.
If the information or action required of you is delayed, incomplete or otherwise incorrect, we will not be responsible for any delay caused as a result. If additional work is required from us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, we may charge you a reasonable additional sum for that work.
In certain circumstances, for example where we encounter a technical problem, we may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention. We will inform you in advance in writing before suspending the Services.
If the Services are suspended, we will inform you in writing and advice you of new dates for your campaign. You must, however, pay any invoices that you have already received from us by their due date(s).
If you do not pay us for the Services as required and outlined in the Price and Payment paragraph, We may suspend the Services until you have paid all outstanding sums due. If this happens, we will inform you in writing.
Problems with the Services and Your Legal Rights
We always use reasonable efforts to ensure that our provision of the Services is trouble-free. If, however, there is a problem with the Services we request that you inform us as soon as is reasonably possible (you do not need to contact us in writing).
We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
Our Liability - 9
We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by us about the Services or about Us.
Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
We will inform you as soon as is reasonably possible.
Our obligations under these Terms and Conditions will be suspended and any time limits that we are bound by will be extended accordingly.
We will inform you when the event outside of Our control is over and provide details of any new dates, times, or availability of Services as necessary.
If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 10.3.3. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice.
(9.2.4)If the event outside of Our control continues for more than 2 weeks, we will cancel the Contract in accordance with Our right to cancel under sub-Clause 10.6.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.
Cancellation - 10
If you wish to cancel your Order for the Services before the Services begin, you may do so under sub-Clause 4.4.
Once the set-up day has been carried out, the fees paid are non-refundable.
(3)If any of the following occur, you may cancel the Services and the Contract immediately by giving us written notice. If you have settled your invoice in full for the Set-up Day and the calling campaign however the set-up day has not been carried out you may cancel with 48 hrs written notice.
You will not be required to give any notice in these circumstances:
(10.3.3)We have breached the Contract in any material way and have failed to remedy that breach within 10 days of you asking us to do so in writing: or
We enter liquidation or have an administrator or receiver appointed over our assets; or
We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 9.2.4); or
We change these Terms and Conditions to your material disadvantage.
If any of the following occur, we may cancel the Services and the Contract immediately by giving you written notice. If you have agreed and instructed us to provide the Guaranteed Appointment Making Service however you have not paid the invoice in full for the Set-up Day and calling campaign prior to the Set-up Day commencing, we have the right to cancel the service and will inform you in writing. All invoices are required to be settled 48hrs prior to the Set-up Day commencing as outlined on the invoice.
Communication and Contact Details
If you wish to contact Us, you may do so by telephone at 03333 445004 or by email at enquiries@flsc.co.uk.
In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting Us in writing you may use the following methods:
Contact Us by email at enquiries@flsc.co.uk; or Contact Us by pre-paid post at Frontline Sales Consultancy, Unit 2, Riversway Business Village, Navigation Way, Preston, PR2 2YP.
Complaints and Feedback
We always welcome feedback from Our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
If you wish to complain about any aspect of your dealings with us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in one of the following ways:
In writing, addressed to Frontline Sales Consultancy, Unit 2, Riversway Business Village, Navigation Way, Preston, PR2 2YP;
By email, addressed to enquiries@flsc.co.uk
How We Use Your Personal Information (Data Protection)
All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 2018 and your rights under that Act.
We may use your personal information to:
Provide Our Services to you.
Process your payment for the Services.
Inform you of new products and services available from Us. You may request that we stop sending you this information at any time.
In certain circumstances (if, for example, you wish to pay for the Services on credit), and with your consent, we may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 2018 and should use and hold your personal information accordingly.
We will not pass on your personal information to any other third parties without first obtaining your express permission.
Other Important Terms
We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms and Conditions will
not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
If any of the provisions of these Terms and Conditions are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
Governing Law and Jurisdiction
These Terms and Conditions, the Contract, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales, Northern Ireland & Scotland.
These Terms and Conditions regulate the Agreement between you and us in relation to providing the Guaranteed Appointment Making Service and supersede any previous Agreement whether oral or in writing.
As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.
Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.