Terms

TERMS & CONDITIONS

Clear Call Systems Ltd
Last updated: 21 February 2026

1. Definitions

“Services” means the communication automation, SMS, call tracking, web chat and related infrastructure provided by Clear Call Systems Ltd.

“Client” means the business purchasing the Services.

“End Customer” means any third party whose data is processed via the Services.

2. Formation of Contract

A binding contract is formed when:

  • The Client accepts a written proposal or order form; or

  • The Client pays any invoice relating to the Services; or

  • The Client uses the Services.

The Services are provided subject exclusively to these Terms. No other terms shall apply unless agreed in writing.

3. Scope of Services

We provide communication infrastructure only. We do not provide marketing services, legal advice, or regulatory compliance consultancy.

Services may rely on third-party telecommunications carriers, hosting providers and infrastructure partners.

We reserve the right to modify technical components where reasonably necessary to maintain or improve performance.

4. Client Responsibilities

The Client shall:

  • Ensure all message content is lawful

  • Obtain valid consent where required

  • Comply with UK GDPR, PECR and telecom regulations

  • Not send spam or unsolicited bulk communications

  • Use the Services in a commercially reasonable manner

The Client remains solely responsible for all content transmitted using the Services.

5. Acceptable Use & Suspension

We may suspend or restrict Services immediately where:

  • There is suspected unlawful messaging

  • Network reputation is at risk

  • Excessive or abnormal traffic occurs

  • Payment is overdue

  • Regulatory exposure arises

Suspension does not waive payment obligations.

6. Fees & Payment

  • Fees are payable monthly in advance unless otherwise agreed.

  • Late payment entitles us to suspend Services.

  • We may revise pricing upon 30 days’ notice.

The Client shall not initiate unjustified chargebacks.

7. SMS & Usage Limits

Where usage allowances apply:

  • Excess usage may be charged at prevailing rates.

  • We reserve the right to reprice or limit abnormal traffic.

  • We are not liable for carrier filtering or message blocking.

8. Service Availability

Services are provided on an “as available” basis.

We do not warrant uninterrupted or error-free operation.

We are not liable for outages or delays caused by:

  • Telecommunications carriers

  • Cloud hosting providers

  • Network congestion

  • Events beyond our reasonable control

9. No Warranty

To the fullest extent permitted by law:

  • Services are provided without warranties of fitness for a particular purpose.

  • We do not guarantee revenue, lead generation, conversion rates or business growth.

10. Data Protection

Where we process End Customer data, we act as a data processor and the Client acts as data controller.

The Client warrants that it has lawful grounds to process such data.

The Client authorises us to engage subprocessors where necessary to deliver the Services.

Further details are set out in our Privacy Policy.

11. Indemnity

The Client shall indemnify and hold harmless Clear Call Systems against any:

  • Regulatory fines

  • Claims

  • Losses

  • Penalties

  • Legal costs

arising from unlawful messaging, breach of telecom regulations, or misuse of the Services.

12. Limitation of Liability

Nothing in these Terms limits liability for:

  • Fraud

  • Death or personal injury caused by negligence

Subject to the above:

  • Our total aggregate liability shall not exceed the total fees paid by the Client in the three months preceding the claim.

  • We shall not be liable for loss of profit, revenue, business interruption, loss of goodwill, or indirect or consequential losses.

  • We shall not be liable for regulatory penalties arising from Client conduct.

13. Term & Termination

Services are provided on a rolling monthly basis unless otherwise agreed.

Either party may terminate on 30 days’ written notice.

Upon termination:

  • Access to systems shall cease.

  • We may delete configurations and data after 30 days.

  • Outstanding fees remain payable.

Clauses relating to liability, indemnity, IP and payment survive termination.

14. Intellectual Property

All automation architecture, workflows, configurations and proprietary systems remain our intellectual property.

No ownership rights are transferred to the Client.

15. Assignment

We may assign or transfer our rights and obligations under these Terms without restriction.

The Client may not assign these Terms without our prior written consent.

16. Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all prior discussions or representations.

17. Amendments

We may amend these Terms from time to time. Updated Terms will be published on our website.

Continued use of the Services constitutes acceptance of any revised Terms.

18. Force Majeure

We shall not be liable for delay or failure resulting from events beyond our reasonable control.

19. Governing Law

These Terms are governed by the laws of England and Wales.